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1999-11-01 (Regular) Meeting Agenda
- Not.Mlb:c1,1• ,. ' ,. • • • .. .. .. f ... 0 . ' • • --• _ _._.,.._ • •• .. "" ~}~ ~~R~R CITY COUNCIL MEETING ~ .. ovFJ<BER 1, 1999 ORDINANCE ~y/, f•~ 59, 60, 61, 62, 61 RESOLUTIONll ~, f• 98, 99, 100, 101 , 102, 103 • .. . • ,. ... .. • '· , .. .. \ .. .. .. .. ... C ', ' 0 0 • I· 0 • • .. • .,--• • , ... ,. , . .. . . . . • -.. ' ENGLEWOOD Cl'IY COUNCll. ENGLEWOOD, AllAPAIIOlt COUNTY, COLORADO Ne\,:a•u I, I"' 1. CaU 18 Onler The rcgularmedingoftheE.aglewood City Council-called 10 onkrat 7:38 p .m . by Mayor Bums. 2. hmlcatioa The iDwc:alion was giwn by Council Member Nabbolz. 3 . Pledae., AUepuce The Pledge of Allcgiaocc was led by Mayor Bums. 4. RoUCaU Pn:sent: Ablcnt : A quorum -pRICllt. 5. Mhluta Council Members Nabbolz, Grazulis, Gam:tt, Bradshaw Habenicht, Waggoner, Bums None City Mana,cr Scars City Attorney BIOCZIIJID Deputy City Clerk Casde Director Fonda, Utilities Director ROlil, Public Wlllts Senior Planner Graham, Neigbborhood and Business Development Director F.aton, Human Resources (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINtJTES OF THE REGULAR MEETING OF OCTOBER II, 1999. Ayes : Council Mcmben Gamn, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Abltain: Council Member Nabbolz The motion canicd. 6 . Sclledaled Viliton 1) Linda Kocowski, Plaidall oflllc Aaaicat Pllk and Recratioo Society of the Nalioaal Rccraaioa and Pllk Aaociatioa, addRwd Council sepnliDg the Nauooal Fitness City Award that was rcccady belloMd upon tbc Ellglcwood Department of Plrb and Recreation. Ms. Kotowski said it was her plcuuR IO lqllaClll tbc Amcrxa Pllk and Rccrcalioa Society and IO COIIIIIIClld Council and the Englewood Parb and RmeaioD llaff' Oil the inaalibly comprdlclllivc and strong commilmall lO wcllncu .. ~ . . ~ . ' I· 0 - • • -• Englewood City Council November I, 1999 Pagc2 ., .,,-. • • - ·• ' in the c:ommWlity . She advised that she served on the selection committee, and had the pleasure of doing Englewood's appli<:alioo, as well as many others. Having been a Parks and Recreation Dcpanmcnt employee in the City ofEnglcwood in the mid seventies. when Bev Bradshaw was the tennis coordinator. she said she was very glad 10 sec that Englewood bas mainlaincd and grown it 's commitment to thinness and wcllDcss, not only for its citiz.cns. but for its employees, as well . She said it was her pleasure to present 10 Gary Hultberg. Englewood Recreation Services Manager, the Fitness City Award, which is in Class Four for Englewood's population calegory . This is the National Recreation and Parle Association 's 1998 Award in Class Four, she said. Mr. Hultberg thanked Ms. Kotowski for re-presenting the award. He explained that Director Black had received this award in Nashville at the NRA Congress about two weeks ago . This is a very big deal for Englewood and it is very much apprecialed, be said Tee shirts were handed out to the Council members. the City Manager and the City Attorney. Mr. Hultberg introduced the staff that really made these programs over the years, including Recreation Center Supervisor Bob Leonard, Joe Sack, who supcnises the Fitness/Wellness Program out of the Malley Center, Brad Anderson, who runs the award winning aqua fitness program at the Recfflllion Center, and Susan Trimmer with the Human Resources Department. Mr. Hultberg added that a big component of the City's application was Ms. Trimmer· s terrific wellness program that the City of Englewood employees enjoy. Mr. Hultberg said there would be a function at the Recreation Center next Tuesday for all the Rccralion staff, wellness staff and instructors. where they will receive tee shirts and pizza and l'ill be able 10 enjoy the al''Ud also . (b) Mark Goldberg was not prellCDI 10 discuss the status of the Wal-Man agreement Mayor Bums said some of the matters were discussed in Study Session tonight. (c) John Loss, of Miller Weinpnen DC\-clopment, was not present to discuss the CityCenter Englewood project. (a) Carol Van Lew. 5877 East Fair Place, said she would like to address Council Bill No . 56 regarding Group Living Facilities. She said llhe bas a family member living in a treatment facility in the City of Englewood, and would be affected by this ordinance if it is approved . She said the following were reasons llhe would urge Council not 10 approve this bill in its present form . The proposal , to declare a Group Living Facility 10 be a public nuisance if a resident is convicted of more than one misdemeanor or felony , discriminalcs apinst the residaits of these facilities, she opined . There is no such penalty applied 10 residents of other multiple dwellings in the amL The requirement is too restrictive , she said. One misdemeanor would be sufficient to cause the facility 10 tum a residenl out, they would not dare risk a second one . Where would they send this pmson, she asked, to the SlreelS or to jail? Is this where this oommWlity thinks mentally ill persons belong? This proposal is grossly unfair to existing group facilities . There is no oppor111Dity for them to have a rea&onable time 10 come into conformity with the requirements of the ordinance, she asscru:d . The proposal is unclear about a number of things, she said. There is no clear classific:ation of a treatment facility with more than eight residents; the l.Olling chan on s-ge 7 needs clarification so the persons who are DOC familiar with :zoning terminology can undcrsland it ; and the requirement thll no Group Living Facility can be within 1,250 feet of another needs intcl))l'Ctation. What if there arc two facilities. she asked, but they are all an integral part of one program? The minimum off-stn:et parking requirements are way too n:slrictive for some homes, with one spKe for each three residents . In an adolescent home they don't even have cars, and molt menially ill adults are lucky if they even have bus fare, let alone money for a car. Ms . Van Lew urged Council 10 poslpODC voting on this Wllil the bill is clarified. She also urged Council to meet with tbe owners of the affected facility and consider some of their cooccrns before any action is taken oo the bill. (b) Louis Bruno, Medical and Executive Director of Community Care , said be appreciated the opportWlity 10 address this issue with City Council. CommWlity Care is a tn:almenl program that has • .. I • 0 - • • • Englewood City Council November 1, 1999 Page 3 ,,-. 0 - • .. been in exi!ilalce hen: in Englewood for over twenty years. he Slaled. It is a nationally renowned program thal treats people with serious mental illness in the community. We !aave had a lot of success, he advised , in working with the young people, helping them learn bow IO live in the community and be successful . In thal capacity, we help people go to school, get jobs, leara basic living skills and learn how to live in the a,mmunity. We arc licmsed as a mental health CCDla' by the Slate of Colorado, he said, and we arc also licensed as a residential treatment center . The prognms try to wort ,•cry compatibly with the neighbors , he said, and gcoe,ally very successfully . Part ofwbat wc try to teach our young people is to be good citizens and learn how to be successful living 1'ith the community. Some of the issues that arc addressed in this ordinance, he said, could affect the righls of our patients to live in the community and we are very concerned about that Pan of what Community Care is all about is being an advocate for mentally ill people for many years, he said, and, in thal capacity, we ha\·e worked very closely 1'ith a local group. which is made up of the parents of the mentally ill. When you look at the population that we arc strugglin g with here , and if anyone has raised an adolescent, they know God has to be on their side . It is a very diJlicult lalk. especially if you add mental illness on top of thal. The parenlS that we work 1'ith need our help 10 help 1bac kids make it in the world. he said. (c) Gail Silberhorn, S40 Fox Hunt Circle, Littleton. said she has a famil y member in the Community Care group home. Ms . Silberhorn said she was repmienting the families who have loved ones in Coawunity Care . Many of these handicapped people cannot speak for themselves . Community Care is a poup home where our loved ones receive the additional SIJUCtUrC , care , medical supervision and u--.ii 1h11 allows them to learn to function and cope appropriately in IIOCiety , she said. Our families arc .....tiers of a minority that need your UDderslanding and compassioo . Discriminalion of people 1'ith IIIClllal , c:motionaJ and physical disabilities is the same as discrimination due to race , se"'ual preference or religious beliefs . This has been addressed by Supreme Court decisions thal made discriminatioo illegal . To discriminllc apimt people with documenlcd disabilities violalcs their civil rights. she said . Most of our families an: middle claa. We care for our families• you care for your families . We have one thing you don 't havc---memben with profound menial or emotiollal dillbiliues and the de\'Ulating effects on our families . Diagnosing and documenting cmo6onaL IIICIUI disabilities is a long excruciating process . Our family members arc Dot lllli-social. Our cbildrcn 's problems an: not the product of poverty. inner<ity rage or gang menlality, but I.be result of genetic and physiological dilCalCI 1h11 can be tn::alc:d and in some cases controlled either by drugs or counseling, she advilCd . Rehabilitation for our loved ones means allowing them the time and space to develop the ability to care for themselves. I'm not taUting abou1 a dru g and alcohol rehab center or housing for early parolees. Our family members at Community Care group home arc each diagnosed and full y documented with mental or emotional diseases . Many of you here tonight, she said, have needed to arrange for the care oC someone in your famil y. Is seeking out the very best residential facility for a parent 1'ith Ab.heimer's, Parkinson 's or a stroke abdicating your rcsponsibilily to care for them yourself, she asked . No, it is no more or less than whal we arc doing by seeking out the trained professionals and safe environment where our loved ones can learn to be productive. responsible , participating members oC society. Since parents arc not experts in all areas , we send our children off to schools Slafrc:d by professionals. This wc do to provide the best possible future for those we love. To continue the education of our special needs family members Conurunity Care provides the unique combinations of professional staff for medical care, therapy and a caring environment found nowhere else in the state. No one complains if a senior cenla" is put in his or her neighborhood. The seniors (your pamlll. ~ and mine) QIIIIIC IOFCba' for IOcialiDtion, human colllact with others of like inlerests and needs. They have empathy for each other's problems, encourage and support each other and in that way continue to grow as human beings . Our family members come together, under the guidance of trained professionals, for the same reasons . Often OIUaei7.ed by non-handicapped peers, they empathi:zc:, encourage, support and grow together, and just as importandy, they celebrate the victories. Then: arc no perfect situalions, she allowc:d, but in the good, better and best that is currendy offered, group homes for the mclllally emotionally handicapped is the best . Then: arc no alternatives thal even fit in the "good" ClllcgOry for our loved ones. They will never learn to work and compelC in IIOCiety in Slate institutions, roaming hallways and sitting in ilolalion. Have any of you collectc:d llalillics on crimes by thole living in group liomN, vcnua ti-on the mecc, lhe uked. If Conunwuty Care did not exist, ,omc of our loved • I • • • Englewood City Council November I , 1999 Page4 --. G - .. ones would be on the SlreelS, wicared for and possibly victims of the true aiminals that exist in our society. This ordinance will not address the issue of where the problems are original.ing. It is the cruelest kind of prejudice to say that it happened in one type of group home, therefore all residential facilities are condemned. Look to the places where your concerns have arisen. Don't discriminate ag;linsl the handicapped, thereby violating the laws of our land. Look at our families and loved ones as individuals. Not as mere statistics, but as fathers, mothers, sons, daughters, brothers and sisters suffering the profound effects of the worst kind of disability. She thanked Council for their lime, and said she hoped they would consider carefully the impact of their decisions on the lives of these special people. (d) Susan Belun, 7716 Gold Dust Peak, Littleton, said she is the mother of a child who is a resident at Community Care. She said it is her belief, and the belief of all of the surrounding communities, that the two young killers of the students at Columbine High School could have been helped if someone in the community bad recogni7.ed that they were troubled, alone in their fight with depression and shunned by their pcc:rs. lu a community, we have an obligation to our youth, she said, as well as to all of the members of our community who are in need, to provide support and services that will enable them to become contributing members in our society. She said she lives in southwest Littleton, and there are a lot of teens in thal area who are Wldesirablc . They walk the streets at night, unsupervised. We have had our home broken into. she said, and these kids get into a lot of trouble, they play loud music, they destroy property, and they cause a lot of fear in all areas of the city as a whole. We are not allowed to say who can live in our subdivisions, she said, asscning that ii is unfair that people and children in group homes are not allowed to be there either. She said her daughter suffers from severe depression, and has been unable 10 be kept safe al home . She was placed at Community Care after having been in some lockdown facilities out of the city, and, linc:e she has been there, she has made tremendous progress . She has a home to come home to when she i, well , and we hope that will happen real soon, she said. Ms. Behm said a lot of the kids at Community Care have very supportive families, and there also are a lot of kids there that do not. c--icy Care pn,videl a llnlCIUrc for dlClc kids. They an: supervised twenty-four hours a day. they learn to Im: ill die comamily, ad to shun them and say that they can not live there is turning your backs oa -youda. SIie albd if dlcy would ladler have die kids running the llreds unsupervised and untrealed, or in a facility 1h11 can ICaCh, guide and bclp them to learn what it takes to be a pan of our community. A few moadls qo, * CIOlllinued. there WCR IC\'aal raideall at Community Care who were trouble-makers. After the tlCipbol'I oompl•iood ebout --1 iDcidmls diel occurred, Community Care's clinical director. Kcny GoldlCn. lid die ~ 11ep5 to try and med the needs of the surrounding community. He has implcmatted acw Nici for the resicletU, and continues to be open to suggest.ions and recommendations the neighbors have. The kids have been very responsive to the desires of the neighbors and ha\'e made tremendous pins towards being more supponive of their needs and more respectful lo them in the community. Community Care is not a group home, it is a residential treatment facility for healthy. menially wllUlblc children, just like other naodical facilities in the erca arc helping other ill people. Many lhcrapeutic programs take place here, she said. Individual group and multi-family therapy sessions occur many limes per week, with psychiatrists and social workers. An on-site school teaches students in a group setting, as well as individual leaching for students who do not function well in a classroom. Physical activity groups med wcckly and ttips to other aahletic facilities occur as well. A registered nurse is on-site to monitor the medications and to offer medical assistance when a child is ill. The children learn to cook, clean, shop, do their own laundry and run a household, she said. They learn to get along with others, to negotiale, make compromises and build relationships. They learn ways of keeping themselves and others safe, and learn to lnlll adults, as well as their peers. The slaff also equips them with the skills needed to apply for cmploymcnl. Some are already working successfully in the community and some arc even atlcllding collcgc. This would not have happened if not for this program. she asserted Many have graduated fiom this program and are going on to universities outside of the city. A lot of the children have been rcunilcd with their families, and a few have DOI been so lucky and are now beck in other facilities . To mncwe tbelc kids and this facility from the area is laking away their home . It also sends a negative tllCIIIIC to the community that we an: DOI supportive of the needs of our youth. We an: tiying to place blame of a kid gone Ulla)' OIi IOIIICOIIC cbc, but it ii you, me, the neighbors and the community who need to support them. Thesc an: not bad kids, nor do I believe that they an: dangerous, she said. These arc kids • .. I • 0 • • -• Englewood City Council November I , 1999 Page5 t·.1,, • ,.-. • • - .. ' who do DOI fit the mold of the 5lalldard American kid. for whatever ~ abuse. neglect or mental illness. Please don't tum your back on these youth and the pcoplc who have commiucd their life's work to help them. Work with them and help to show them that you can support them, she urged, but that they have to, in tum, also respect and take care of their community. You can make them accountable but you can DOI band pick who your neighbors are going to be. Pleue allow Community Care to continue their work "ith the kids in this facility. The kids work, attend college, and panicipale in community programs, and we , as Commwlity Care, have acknowledged our shoru:omings, and have worked extremely hard to make the changes necessary to be allowed to stay in this neighborhood. she said To help these kids is to save, not only their lives, but the lives of others. Don't let more tragedy strike. reach out and care, and make a difference in a kid's life, she said. (e) Jolh Keller, 3444 South Marion Screet, aid he is a former resident of Community Care and is now a graduate. Community Care has helped me make positive changes, he said, and become an honesl. responsible member of society. Before Community Care, I was overcome by my mental illness. but after Community Care, I have maintained my own apartment and kept a job for over a year and a half. Before Community Care, I was financially dependent on the mental health system, he said, now I am a,mpletcly self-supporting. Before Community Care, I was assailtive and full of rage, he said, and after Community Care, I gained skills to control my behavior. Before Community Care, others controlled my life, now I make decisions by myself. Before Community Care, I was in numerous placements in lockup. and now , those things are way behind me. The road to where I am now was long and difficult, he said. Community Can: gave me the time and chances to make necessary changes. This is a simple version of bow I feel, he concluded, and Conununity Care is a wonderful program and has helped me immensely . (f) Sandra Dohm, 4360 South Akron Street, advised thal she is the mother of a boy who gradualcd &om Conununity Care this last August. The group homes in a City like Englewood are a \itally imponanl pan of the life of the City, and sliould 11111 be excluded from residential neighborhoods . She said la 11111 liwd at Conuamity Care oo Soudl Corona for over a year, and that ended in August. He benefited tremendously &om the program there , which addresses psycbiatric needs, as well as behavioral needs. He bad both behavioral and psychiatric problems . The caring. knowledge, experience and dedication of the Slaff' make that propam work . The small-scale residemial setting in a real ncighbol;bood makes it possible for them to work their program . Community Care is a home away from home, DOI an insticution, she asserted, and that is I very importanl distinction. It is a place where they can learn skills that will help them to fit inlo a true neigbborhood ICCling. wberever they live. It is iq,oaiblc to achieve the feeling of a home . she said, away &om I residemial neigbborhood, and the allemlave is III institwon, which is usually cold and iq,ersoaal. Community Care is a valuable resource for the Englewood community. It houses children whose families live in the south Denver metropolitan area, including Englewood. Families can visit regularly and mainlaiD comact with the child . If you ban a place like CommWlity Care from a residential neighborhood, you are making it very difficult for them to find Oilier places to be that would allow them to be integ,ak'd into the community, she said. It also helps the Englewood economy with its purchases and payroll, she added . Lastly, Community Cac is aboul the f'ubft of our ll-risk youth, she said. These young pcoplc need our help to become responsible 111d procluc:tive cilimls. If we do DOI afford them that help, such as Community Care offers. we risk loiing them ll a IIIUdl higher price to society. Being able to live in a neighborhood setting is an impol1ant pan of that llclp. SIie aid llhe hopes Council will consider being supportive to the CommWlity Care propam. (g) David Fine, 2042 Fairfax Street, l>elwer, adviled that he is an lltomey and was asked to take a look at the propolCd zoning ordinance. He said lie ~ to speak ~Y about the legal issues, not any particular factual issues. He said be has idelllified a IIIIIDber of legal concems with the proposed ordinance, one of which COIICCfflli the Fair Housiq Act. He aid be believes this ordinance would not pass muster Wider the Fair Housing Act, nor the S&alc Slalule which deals with the lioeosing of homes such as the Community Care home . The S&alc Slalutc uhoriza the localioa of homes such as this in ncigbborhoods without lhc type& of coalitiom 11111 are placed ca it by this onlinanoc. Mr. Fine felt thal -of the intcmal illa>NillaN:ia ia dliaa1 f e , • dnifted, MUld undermine allcmpll by the City to • • I • 0 --------------------~---------.-----~--------------------------- • . _,, . Englewood City Council ~1.1999 Pagc6 • - justify it by pointing to oenain conc:cms thal it ll1CmplS to addRss. He said he would be ham· to speak with members of the Council or to the City Attorney , about this specifically. He said he wanted to Slate for the record the categories of concerns thal he sees . He said be has advised homes such as this, and also municipalities. on the Fair Housing Act, so he has had quile a bit of experience looking at this question. (h) Jon Gaffney, 14406 East Tufts Place, Aurora, said he would like to speak on behalf of Community Care . He said his son is currellly under lmllment • the Commwtity Care facility on South Corona. Mental illness not only affects the paliCIIIS themselves. he said. but it affects the whole famil y. Community Care treats the family as a whole . He said nol only has it helped his son medically and psychologically, but it has also helped him and his wife to deal with an adolescent with mental illness . For many of the kids there, Community Care is the only oommunity they 1'11lM·. he said. The people there work from the bean. Mr. Gaffney said his son has been in and out of trcalmCnt facilities for a few years. and thi s is the first trcalmCnt facility be has been in that has l'Qlly looked at him as a person . It has helped his son and the family , be said, and bas taught his son and the other rcsidclU to trust other people, to li\'e safel y in the a,mmunity, and to build relalionships, IIOI only within tbemscl,'CS, but also "1th the staff and with some people in the oommunity . Thal is a \'Cry important issue for 10111C of those residents, he said. The staff is a very special group of pcoplc, and we would like for Community Care to be able to continue helping families and bclping other kids . Mr. Gaffney asked Council to please look at these kids as adolescents and as future helpful members of society. (i) Bill Fuchs, 3539 South Corona Street. lives immcdiMely adjacent to Commwiity Care . He said he has beard all the success stories, and be applauds their efforts and is glad that things work . He said be would like to ask these folks if they would like to have twenty adolescents that are in care li\'ing next door. He said thal is what be goes through day in and day out . He allowed that things ha\'e gotten better and he said again tllal be applauds their ~ as there is a need for places like this . He said he feels they need to be brokeo down inlo smaller uaits. Some of the original documents state tllal there is going to be one COUllldor per unit He said be does a aee tllal or cvidcncc oft.hat. particularly at nigh(. Mr. Fuchs said be focls it is too CODOellll'lled a facility for the type of environment around there . It is R-2 residential be said. and there is a duplex to the llllllh of him. When be IDOYed in, this place was high end rental units . 1bc:rc were nol even an y chikkal there and it -a !QI quiet ncighborhood . It has gotten about ninety percent better than it was. he allowed. but be hates to havc to be a policeman for his own ncighborhood. and be is afraid it is going to slip. We have gone both ways where it bas gotten worse and better. Again, be said be applauds their cfl'oru, but it needs to be broken down into smaller units, and he is sorry if it is nol as economically viable for the owncr to do it tllal way , but. be feels , that is the way it needs to be approached in Englewood . Thal is more of a due diligence process for the residents of Englewood . (i) Tcny C,-;h, 1259 York Succt, Denver, said she is the Program Director at the adult facility at 3034 South Sherman Street. She said she has a few short lcacrs that .;n say more clearly aboul what it is like li\11lg and working with these clients. She said she bas worked with them for four years in this position. A very smart man once said that we can judge ounclves u a society by how we treat our mentally ill, she said. She said these few short lcacrs were written by the clients over at the adult facility tllal say lhiDp much bcCla than she feels she could. "To Englewood City Council. I am a forty-four year old client of Community Care . A year and a half ago , I -the putor of a six hWldred member church in Florida. I suffered what could well be called a breakdown and ended up in a hospital psychiatric unit I spent two and a half months going in and out of the holpital, spiraling down, and attempting suicide . At tllal point, my insurance company approved six wccb of i..,.aicnt hospital treatment. The question then became what next Everywhere the paaem was the same, two or three wccb of inpatient trcatmcnt followed by outpatient . I had already demonslrlltd that model did not wort for me, so there I was, too well to be in the hospital, but no( too sick to be on my own . Community Care provided for me a unique place. allowing me to be in residential treatment for six momhs, followed by more than seven months of outpalicnt care. Because of the Commwtity Care poop home, I have been able to get stable on psycbological medications and to gradually rc-acr the workfora:. I am con\1IICICCI that Mthout this option, I would either be dead by my own band, or perhapl W1lrdloulcd ll the state hospital . I seriously • --------- I • - • • • Englewood City Council November 1, 1999 Page7 .,-. - ·• doubt that I would be al Ibis path in my improvement. I undcrsland thal there arc complaints about police dillUltlana: calls to group homes . Will you plan also to evict from the city limits families where domestic violcaQe caUs havc boca made, and will you be throwing out f'ami1ia with teenagers whole behavior kads to phone caUs . If I few police calls arc providing your rationale for eliminaling group homes, then please be fair and ...-die bllllllc around the board . I would urge you to connect the good thal a group home such as Coaamity Care docs. and ask you to not take away the8c healing centers of care ." Ms. Crccch 1111> read "Whal eoa-iity Care has done for me . Prior to ciuring Conmunity Care. I was in and out of psychialric bolpitals for four or five years. 1 was willing to Uy Community Care in about January of 1996 . I was ink> IClf-abusive behavior, in particular cutting. Community Care did what hospitals were DOI able to do-help me find out why I was cutting and find more appropriate ways of expressing my feelings . I have had my ups and downs. and the Community Care Slaff has been there when I needed them. I am currentl y living in • apanment. yec I know that Community Care is thcR if I need them. I attend a few groups a week and I an starting a job that will utilize my lawyering skills. I also act as a client advocate for both the adult and adolcsccnt Community Care programs . I am also the president and secretary for the Communi~· Care advisory board. Commwlity Care saved me from what a,uld have been a very long Slay in the State HOlpital ." Ms. Crcccb said her lall one is difficult to read but is very endearing to her. "It has taken me almolll five years to get where I am now . lfit wasn't for Community Care, I would still be a wreck . This program has taught me how to live independently, and I am now working . A law like the one that is in the air would totally dcvastale my trcalment, so please be considerate. Thank you for your time ." Ms . Creech paaed out copies of the letters to the Council members. (k) Casey Stockwell. 3919 South Washington Street, said he would like to address some of the points thal were made. One lady did not like the misdemeanor clause because they would have to close or throw out a penon bcc:ausc of one offense , be nx:allcd. Whal the wording in Ibis docs is actuall y proleCtS the building, bcc:ausc if you have one unhappy lid ol residents living next to a group home . and they make a ~ of fifty or I buDdred calls, you <:a11 DOI judge wbe:dla" the group home is in the ~-.y of the residential area by logging that. So thal is DO( a good way to judge it. 11> one good -Y to judge it is by how many actual. physical tickets arc actually given to the raidcnls of I home. be explained. That would be the same as any RSidmcc. This gives some teeth to the police and takes it out of the tbcoffljcal and puas it into the pnctical, lcllving it up to the written laws 111d for the police to enforce, radl« than just ha\,ing some disgrundcd people calling in 111d complaining about neighbors 1h11 they do not like. If this one person did havc I IClics of tickets. the legal system would be taking care of them anyway, and the group home would DOI have to throw them out. As to the 5latemCnl that there is no clear classification for over eight people in a unit, thal is DOI true, be said It is very well spelled out . A 1,250 foot clarification. two facilities for one group home, that is the whole point. it speaks to density, it docs not disallow a facili ty from having more than one wiit, but it does not allow them to be too concentrated in one area. that is the whole idea of ordinances. As for the parking, to say that the Irids do not drive does DOI address the fact that the SlllJ members do drive . In cer1ain residential areas, there just is not the physical space for the whole staff, plus all the people who visit. What needs to be addressed is the fact that there arc, for the 1.250 group home distance clariflCllion. there is something in place for exceptions and m>iew . As a citi7.cn, he said, I really support the good work that this group docs, and there is room in our community for this kind of wonderful wort . I applaud the fact that we arc considering adding another group home for homeless people in Eog1cwood. but we have to realize that you do not have the ability to handle: that kind of density in CICl1ain -· This, be said, is llel up just to address density and it is not llel up to keep it out of Eog1cwood. bul to pm it in the appropriale rcsidcnual areas. They could still be in residential areas , and still be in the community u useful members of society, but they could do it, for insaance, in an area where lllll 1111111)' people arc a1lowcd to live in one group building. like wbcrc apartment buildings arc allowed . Thll is prubllbly wbcR they arc going to move, anyway, when they graduale, be Slid. They arc DOI going to -illlo a sillgJc family house all by tbcmsclvcs. Mr. Stockwell recalled the comments of the lady who llkcd if you would lhrvw out families who have bid kids. In I single family dwelling, you have at leU oac to one kid to adult supervision. Y cs, thole Irids would get tickets. and the Irids could be sent off. That hlppms to rcsidellll, too . He said be just -ts to support this group and also remind them that there • I • • • -. Eaglcwood City Council NoYembcr I, 1999 Pqe8 1 • .. .. ~ ,,-. • • - .. .. ' .. .. are ~ plagcs for poup homes and that the City is not trying to throw them out, but simply to help them fit imo the City. O) Paul Schmitz, Program Director for the Community CaR Residcnlial Trcauncnt CenteJ, said lllil ii die 1llinl lime he bas appeared before City Council, over the last SC\'CII weeks, he said. This is liace Sqilanba" 1• when a group of what appears to be two to nine c:onccmcd citiz.ens, spoke to the City c-:il, MIii lialc warning IO us. He said he aJOlinues to be very conccmcd about developments in a city ... we 11aye lad a cloae rclalionsbip with. Mr. SchmilZ said he was speaking as a citiz.cn and as an eaployee of Community Can::. He asked Council to note the events of Friday last week, in Cincinnati , MIiie a pllblic ll:llool -IIIMll down and nUIIICIOUI kids were pulled aside. They probably suffered from die -iaac: dlll our kids do, and that your kids in your open community do also, especially the type that -ilMllYed in die Columbine situation. Mr. ScbmilZ said he feels stroogly that this society is in a state oC ..-,ia IIUllad ai»leacaocs and youth. He said be fccls we f'Rqucntly fail to sec those who arc older. MID -IOWdi-in lllits, that arc a danger to the grcalCr society. You have a very careful process to clOMidcr llae. he said. He said be bas heard in all the testimony Council bas coasidcred to dale that the Fodcrlll Fair Housing Act 1-been coasidaed. He said he cited in one of his testimonies ru:ently thal a ~ C--dDcisioa, Olmllad vs. Georgia, sbould be carefully considered . That wiU have some illlpacl oa dlis litullioa, he said. If our society CODlinucs 10 separate ourselves as to upper class. middle daa. lolwa daa. people 1h11 arc D1C11taUy ill. people oC color, then wc will have 10 set up prison camp5. wliicll ...,_.111 be the clirection wc arc beading in. Mr. Schmitz said be womd a number of times with local lllle ...,... 1111 a lllllllbcr oC racarch projecU, including Senalor Dorochy Rupcn out of Boulder. SIie WIUle a RipOl1 IO the State LcgislatuR OIi the growth factor in the SIIIC of Colorado . Seven hWldrcd ad IMl!ly-te\'C8 pcrccal in six years in priloa beds, and thal includes juvenile populalim. he said. We ..t c:mly widl die DivisioD ol Youth Conettions as ooamhants on their internal programs . They arc ~ RipDdin& lbirty IO IC\'alty pcn;,cnl oC their population is mentally iU . Mr. Schmitz said he feel s ----wry ... dDcilioM IO be ..SC llcft. We -tadily available IO you and to be __ , __ IO )W. lie aacnd, ad wc have said dais IO the Englewood police dcpanment. I have allO said dlil IO Mr . 5-'l ad acllar offic:ials ol tllc City. We .wld rather work with you cooperativel y, thal is our jNcfuCW, lie aid. We 1R m diffcn:a dla aiyoac lining OIi the Council . None oC the family mcmbcni .. --i.,,e i-. .. -may ddl'aal ..... may families in Ibis CDllllllllllity . In doling. he said .... i ly he M11U •• die FBI ........ a RipOl1 out of the Office of JU\'Cllilc JUllic:e w1 l'ralel:boa. He ......... COlacil acquire 1h11 rq,ort. The IDOlt dangerous adolescent person in the Uailoll S-. ~. ii a....., middle claa 10 upper middle class male. In no 11-ay do they speak to die idmlified Wally ill papulllian bul c:lclrly. with the expertise that sits with my team, he said, with Dr. Bnao ad adlcn "° IIM'C ~ witll • for two dec:adcs, you probably have many of these kids slccpiDg in your___,. aanmdy. We~ bid a good ~lalionship working with the impact team heft. and we look f_. 10 fw1lw:r c:oopcralive efforts with the City . •• (a) A l'CIOlutioll appoinling Kendra Gnzulis as a Youth Member of the Parts and R.ccreation Commission -aJlllidcnld. RESOLUJ10N NO. 96, SERIES OF 1999 A RESOLUJ10N APl'OINl1NG KENDRA GRAZULIS AS A YOU1H MEMBER OF 11IE PARKS AND RECREATION COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. COUNCR. MEMBER NAallOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a) -RESOLUTION NO. ", SERIES OF I,,,. Ayes : Council Mcmbcn Nabbolz, Gama, Bradshaw, Habenicht, Wagoacr, Gnzulis, Burns Nays : None .. I . 0 • • -. Englewood City Council November I, 1999 Pagc9 The motion carried. • • -' Mayor Bums thanked Ms. Grazulis for her "illingneG to serve and said we are happy to have her. 9. hblic: Buri111 No Publi<: Hearing was scheduled bef orc Council . 10 . c-tApda (a) Approval ofOrdinancu on Fint Reading COUNCU.. MEMBER WAGGONER REMOVED AGENDA ITEM JO (a) (ii) FROM THE CONSENT AGENDA. COUNCU.. MEMBER SRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (i) AND (m'). (i) COUNCIL BILL NO. 65 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 145 TO 1lffi SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR 1lffi INCLUSION OF LAND WI11ilN 1lffi D1S11UCT BOUNDARIES . (iii) COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE OF 1lffi CnY OF ENGLEWOOD , COLORADO AUTHORIZING AND APPROVING 11fE LEASE-PURCHASE OF COMPUTER AIDED DISPATCH AND RECORDS MANAGEME1'11' SYSTEMS EQUIPMENT FOR 1lffi CnY. Ayes : Nays : The lllOlioll carried . Council Members Nabbolz, GarTett, Bradshaw, Habenicht, Waggc>DCI', Grazulis, Bums None (ii) A recommendation from the Utilities Depanmenl to adopt a bill for an ordinance approving an amcndrnem to Oieny Hills Village Water Service for Viking Drive was considered. COWJCil Member Waggoner 10ld Director Fonda thal it bas been quite a few yean since there were some problems with Little Dry Creek where mud and debris and liluft' came down Little Dry Creek . Mr. Waggoner said we may llill have that problem . Bui the debris comes down lhrough OICny Hills Village and accwnulales under all mthe bridges and crouings along Little Dry Creek. He asked. ifwe pass this ordinance, if Mr. Fonda suppoacs that we could get some attention from OICny Hills Village in order 10 clean up Little Dry Creek ao that we do not have that happening again. Mr. Fonda said be did DOt know, the two are DOI connccled Mr. Waggoner said be undcntmds thal they an: DDt COIIIICCled, but be is uying to get their atteolion. Mr. Fonda said we could certainly ask, bul this bas been under ncgotialioo for cptc some time, and be 1eCS no .-not to go ahead wilh this and then ask them aboul the other. Mr. Waggoner said be would agree wilh lhal. just so we ask them, because we need some assislance in getting some of the trees and ltuft' along Little Dry Creek clcancd up so they do 11111 end up down in Englewood . He said be n:mcmben anc of the a,mrnems that were made by some of the OICny Hills residcnlS at the time . They said they did not care what bappcncd to Englewood, as ii is down stn:am . • .. I • 0 • • • Eaglewood City Council Nowanber l, 1999 PIFlO ,., .. .. • ,. ,,-- • ... • -.. COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM II (a) (i) ON FIRST READING. Direcu' Fonda added that we CXJUlcl also tie this illlo mme dilcussions on their request for the City of Eaglewood to take over naintalance of their sewer system. Ayes : Nays : Council Members Nabbolz, Gam:lt, Bradshaw. Habenicht, Waggoner, Grazulis, Bums Nooe The motion carried. (b) Approval of Ordimmces 00 Scc:ood Reading COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (11) (i), (U) AND (iU) ON SECOND READING. (i) ORDINANCE NO . S6 , SERIES OF 1999 (COUNCIL BILL N0.62, INillODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APl'ROVING AN IN'IEROOVERNMENTAL AGREEMEm' BETWEEN THE CITY OF ENGLEWOOD, COLORAOO AND nm ENGLEWOOD SCHOOL DIS11UCT, PERTAINING TO nm COOPERATIVE BEAtmFICATION PROJECT ON THE NOllllf PLAYGROUND AREA ALONG SOUIH BROADWAY ON lHEFLOOD MIDDLE SCHOOL PROPERTY . (ii) ORDINANCE NO. 57, SERIES OF 1999 (COUNCD. BILL NO . 63 , INillODUCED BY COUNCIL MEMBER HABENIOrI) AN ORDINANCE AMENDING nm CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO SUPPORT THE REGIONAL URBAN GROW111 BOUNDARY DESCRIBED IN THE METRO VISION 2020PLAN. (iii) ORDINANCE NO. 55, SERIES OF 1999 (COUNCIL BILL NO . 64, Il'mlODUCED BY COUNCll.. MEMBER WAGGONER) AN ORDINANCE AUllfORIZING 1HE VACATION OF A PORTION OF AN EASEMENT AND THE ACCEPTANCE OF NEW UTll..ITY EASEMENTS LOCATFJ> AT CJTYCENTER ENGLEWOOD . Voterealtl: Ayes : Nays : The motion carried. Council Members Nabbolz, Gam:lt, Bradshaw, Habenicht, Waggoner, Gnzulis, Bums Nooe (c) Resolutions and MIiiions COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITDI It (e) (i). (i) A CONTRACT Wl11f GLACIER CONSTRUCTION COMPANY FOR CONSTRUCTION SERVICES FOR THE 11UCKLE Fll..TER OfEMICAL Bun.DING REMODEL IN nm AMOUNT OF $32,969.00 . .. . .. .. " I· 0 - • • -• Englewood City Council No\'cmber I. 1999 Page II Ayes : Nays : The motion auried. 11 . lt.eplar Apda .. p ~- • • -' Council Mcmbcn Nabbolz, Garrett. Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nooe (a) Approval or Ordinaoccs on Fint Reading (i) Dircclor Rau pracntcd a nx:omlDC'A!Clalioo from the Department of Public Works to adopt a bill for an ordinance approving an lnlcrgoYcmmcnla Agrecmeut with the Colorado Dc:panmmt of Transportaion for construct.ion of Broadw.ty widening and medians. Mr. Ross advised thal the City's tramponalion improvmlcnt program request to widen and improve Broadway between Highway 28S and Yale Avmuc wuapprowd in the 1997 PIF. City Council approved the lntergO\·emmcntal Agrecmml with COOT to participate in the design of these improvements in 1998, he said Now, design is nearing completion and we need to amend the agreement to include construction. To qualify for federal funds, a twenty pcrccnt maldl is required, and COOT agreed to partner with us on the required maich in rccum for the City of Englewood accepting Broadw.ty south of Highway 28S to BcUeview. and making thal pll1 of our City llmel system. If City Council approves this IGA, he explained, we will proceed to 8IMltiae and bid this project. and then we wiU be coming back to Council in January to award this project 10 the low bidder . Construction could begin in February, be said Construction of these improvements are expcacd 10 take about nine months. Couacil Mclllbcr Habeaicbt aaed bow these improvements would affect the speed at which vehicles travel 1111 8nladway tlnup &,lcwood. Mr. Rau said this could polCdially have a more calming affect. bccallle thcac impromacnU arc trying 10 improYc the livability of this SIRICI . We arc going to have !andec3ping. 1 laedecaprd bardscapc median, whidl will be a raised median in the middle of Broadway. Hapcfully, 11111 will c:amc people to calm down and take a look at the landscaping as they arc driving through. illllCad of jull racing inlo Denver. Ms. Habeaicbt aaed if it would pn,c:ludc us at some time, if it should become important to the citizens, from lowcri• the speed limit. Mr. Rau said we could certainly do that Council Member Nabholz said IOIIIC of the businesses would definitely be impacted. especially from Floyd to Yale. One ofthcm, Band B Conoco, is spccifically coocemcd with the median, and being able to get their transport trucks in, and wbcthcr they are going to be able to negotiate the turns. She said she would rccommcnd having some di9Cllllion with the owncr, 11 he has invested a lot inlO that property. Mr. Rau said that is the first be bad beard of the transport truck issue. Ms . Nabho!z said she. too , had just beard ol it and she had not really looked into bow that would impact those trucks going in and out of there. Mr. Rau said the Public Works and Neighborhood and Business Development staffs have been wortcing with the busincssC$ all along that corridor. It is a big a>ncCm to be getting these kinds of comments at this lalc Slage, he said. Obviously, we wanr to take these plans to the next step in getting it built, and we can 't do that if you keep modifying and changing these designs at this stage, he said We will make one last effort, speak with the owner, and find out what his amcerns arc as far as where those trucks come in and what needs to be done. Mr. Rau rcilC1111Cd that a lot of staff time has been invested in trying to meet with tbcse people and get their a,ncum:nce . Ms . Nabholz said she appreciates that. Mayor Bums said we ba\'C bad a,mplimmls from EDDA, the Chamber of Commcn:c and the businesses about the IICIISilivily of the Slaff and bow much COlllaCt there bas been with the busincssC$ along these routes . YOU really ba\'C gone GUI of the way to tJy to communicate with these businesses, be Slated . He • . ... I • 0 • • • Englewood City Council November I, 1999 Page 12 • . .. ·• • .,-. • • -' " said be would like to ask a similar question about just the construction phase itself. and what kind of affect thal may ba\·c on the businesses. or just the movement or vehicles . Mr. Roa said, obviously, we are going to write into these spccifacations that Ibey need to be able to do their work, bul kcq, traffic moving along Ibis corridor. The idea is to llar1 the construction at Highway 285 , and thcll proa,ed to the north to Floyd. The idea here is to try to get that done in the lint six months. What we would like to ICC happen, is to get the downtown portion completed so it is done at the same time that light rail opens. Obviously there is going to be a lot of bus traffic and connector traffic associated with the ligh1 rail grand opening, be said, and that is where we want the contractor to concenuate. Meanwhile. to the DOldl ol Floyd, dicrc is -UDderpounding that needs to oa:ur. Public Scnice Company will be undcrpounding the mililies in there, so we will have to give the contractor a place 10 work to the south. and thcll • 10011 • Public Service Company vacates that area, Ibey will move to the area north of Floyd, he advised. The Dq,uly City Clerk read the couoci1 bill by title: COUNCIL Bill. NO . 68, INJ"RODUCED BY COUNCll. MEMBER HABENICJIT A BILL FOR AN ORDINANCE AUTHORIZING THE ~CONTRACT AMENDMENr #I " TO THE INlERGOVERNMENr AL AGREEMENr BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND 11iE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENr OF TRANSPORTATION (COOO FOR THE CONSTRUCTION AND f1.JNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD . COUNCIL MEMIIER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (1)-COUNCIL Bll.L NO. 61. Ayes : Council MembeR Nabholz, Garrett, Bradshaw. Habenicht, Waggonc:r, Grazulis, Bums Nays : None The motion carried . (ii) Senior Planner Graham praicnted a m:ommendalion from the Deparu1ieM of Neigbborbood and Business De\,elopmeot to adopt a bill for an ordinana: approving an lnlerpenunental Agn,elllClll with the Regional Tnimpor1alion Dililritt regarding enviroomc:ntal assessment at the General Iron WOlb property. He said the item bcfon: Council was the lnlergovcmmenta Ag,cement that the Slaffs of RID and the City of Englewood bad negot.ialcd to conduct environmental assessments at the General Iron WOlb property, which would cover both the potallial of a maintc:nancc facility of RTD and other development potentials, including residcotial. The agreement, be said, also contemplates that the City will be using funds from the EPA grant, from the Brownfield grant, in the amount ofSI00,000.00 to pay for our part ol the assessment The agreement also anticipala that there will be future agn:elllCllts if the results of the a5ICSSlllClll suggest that residcotial development, for im1ance, would be possible on this site. This is the item that !dales to tbe leaer &om Cal Mandia, be said, that was dillribulcd al the Study Session . Both the City Slaff' and the RTD ltaff' would iqe your suppon for this agn,ement, be concluded. Mayor Bums said be was pleued to rax:ivc this leaer bcc:ause paragraph five , under conditions, was a linlc open-ended, to ay tbe leall. Mr. Onbam agn,ed. Mayor Bumi said be bad intended to call thll to everyone' 1 atlallioll toni..._ but spoke with City Manager Sears about it this afternoon, and this letter docs clarify that for us, be said. The Deputy City Clerk read the couoci1 bill by title: . ' ' I • 0 - • • • Englewood City Council November I, 1999 Page 13 l • . .. ~ ,,-. • • -.. COUNCIL BILL NO. 69. INTRODUCED BY COUNCIL MEMBER BRADSHAW ~ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BElWEEN TifE CITY OF ENGLEWOOD, COLORADO AND THE REGIONAL TRANSPORTATION DISTRICT, REGARDING ENVIRONMENTAL ASSESSMENT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 69. Ayes : Council Members Nabholz, Gam:tt. Bradshaw, Habenicht, Waggoner. Grazulis, Bums Nays: Nooe The motion carric:d . (b) Appm·al of Ordinances on Second Reading (i) A bill amending sections of the Englewood Municipal Code pertaining to Group Living Facilities and Private Off-street Pallting Standards was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) ON SECOND READING. Council Member Waggoner staled that we had a Public Hearing on this two weeks ago, and it is too bad tbclC people did DOI show up al that time to make their oommenls known . In view of that, and some of the CXIIIIIIICIIU that were made, be said be would move that we poapone this OOUDcil bill until our attorney can pt fOldher with the aaomey that expressed a COIICffll about some of the Fair Housing Act concerns. COUNCIL MEMBER WAGGONER MOVED TO POS11'0NE UNTR. 111A T CAN HAPPEN. There WU DO second lO the motion. Council Member Habenichl said dlere is a motion already OD the floor . Council Member Bradshaw said she would DOI withdraw it Mayor Bums said lbcre is a motion OD the floor which is DOI withdrawn. He aiggcsacd that we have more conunent al this time. He said be feels it is wlfortwlale dial several people who spoke tonight seemed to characterize dial Council is DOI caring about tbclC young people and are indeed •ming to have group homes l'CIIICMd from the oooununity . As C.ucy Sloc:kwell, a member of the Planning Commission, said in his remarks, dial is DOI what we are about at all, be said. We are simply b)ing to control these facilities in such a way dial they bcocfit the community, but also are acceptablc to the residents . Mayor Bums said, frankly, characterizing the n:sidcots affected by this as being paranoid is hardly appropriate. They have been directly impacted by these facilities next to wbcre they live, be said. The community al large applauds the successes of the group homa and we are DOI against that at all, be said, and we are not attempting to put group homes out of the COIIUllllllity . We are just trying to have reasonable controls over them, be said, 111 that they can liYc in barmoay with the ncigltborbood and vice versa . Mayor Bums ISICNd that -.nc of the chanlc:tcriDbom that were made of the Council tonight and some of the citizens were really not appropriate . Council Member Bllldlibaw said lbe feels that Eaglcwood has done more than its share of helping our IIIClllally ill popullllion for ova-twcoty years, but cnoup is enough. She said she is responsible to her COllltitucnu in Englewood. and has received numerous complaints since she got on Council two years ago about the opcntion oltbclc homes. This is an iSA1C of density, she asserted . Too many in one spoc, noc discriminalion. .. I • 0 • • -. Englewood City COWJcil November I, 1999 Page 14 ,, .. --. • • - Mayor Burm aid, •far• providing housing for low and modcrale income people, be chaired the Englewood Housing Alllhority for twenty-five ycan and bas clcdicaled a lot of time in his life to housing people who need aa:ornmodalK1111. This is another type of that. He agJCCd 11111 Englewood has supponed lbclc kiadl of facililics for many ycan. It was DOl Ulllil the citu.cns came to Council with their complaints 11111 wc realilJcld what a diflicult time Ibey were having. Mayor Bums said his bean goes out to the parents of dae dlildrm. He said be bas met paraits who bad c:bildrcn who were DOl just mentally ill. but were lllo ICVCl'Cly disabled. The tremendous c:hallmgcs Ibey face are really amazing, be said . They are. many of tlan, like llillls to put up with what they have bad to live with in their lives. •ith the wuortunale hand they have been dealt. We are DOl attempting to remove these facilities from the community, be said. We havc gone over the lcgal issues on this with our spcc:ial c:ounscl, before and after the public hearing. He ukcd City Attorney Bromnan ifbe would like to COIIUIICIII Oil any of these issues. and wbcthcr be felt ii would be bcncficiaJ to meet with the aJWUiCI who appeared here tonight Mayor Bums said he feels we have been through tbcK iSIUCS to some extent City Auomey Bromnan said be was c:omfonablc c:unenlly with the lcgal Slalus of where we are in this. but . if COWJcil would like to talk about policy issues, that is C:Cnainly IOIIICthing WC c:ouJd disc:uss . As to the legal issues, wc are comfortable with the legal 5latus, wc reviewed the c:ascs when Don Elliott was here, and wc have indic:atcd to Council what the risks are and where the potentials are . Council Member Bradshaw said wc have adjusted accordingly . Mr. Brotzman said yes, we have adjUSlcd acc:ordingl y. COWJcil Member Nabholz said she agrees with Council Member Bradsha•·. It is sad. and. as a parent. she said her heart goes out to them, but she also has an accountability to her constituency. There have been nwnerous, nwnerous c:alls on South Sherman, she said. and again. wc are lalking density . COWJcil Member Habcnic:bt said she docs IIOl think anyone is trying to get rid of group homes, or say anything ncplivc about aay of die JIIOllam'. SIie llid Ille is aft they are very good and very IIJ'ollg and very valid. She bclicYcs the spirit of poup 1-is the dilbunal of group llomcs throughout the entire mcm, community. Whal wc are ICcing here is a OCIDCIClllmion, and 11111 COIICClllnlion is what is bringing to our atlmion an issue, a problem. 1'hll is the ~ wc are tryiag to addn:a. and lbe said she would hope dlll eve,yone here would recognize lhll lbal is• impol1.-dliDc-We all llCICld to wort to make sure that the spirit of this whole law is dealt with approprilldy, in lcrlm of dillbunal of group homes throughout an entire metropolitan area, llbe said. 1'hll is one of the things 11111 wc are really lr)ing to address. she said. We have had other kinds of issues like Ibis ill the put where wc have bad to make some changes because things have changed around us . We have llad to c:lml,c anc of our Ullling bcc:ausc of the impac:t of the Rlc:}'Cling business that wc thought would be wonderful riglll nclll door to us . But then wc had that fire at Cedar Mountain, that said DO, DO, DO. that really isn't the right thing to have here. We had that same oonccm wbm wc bad the disbursal of temporary labor, she recalled. We thought it was a really good thing to havc, but the location needs IO be comp11ibk: within the community and the neighborhoods. This is jUSI the kind of thing wc are talking about. She felt it was responsible to take those kinds of density and Wiling iS&UCS into account After the Public Hearing. she aid, she was very impressed that there was some concern about grandfathering in. She said she would like to inlrockicc an amendment that would eliminate the grandfathering in of existing facilities . City Auomey Bromnan said there is ID existing use clause in Section 14 of the ordinance. It allows those that arc currently in c:oofonnity with tbc ordinance to mnain. Mayor Bums said there is a motion on the Door . Ms. Habcnic:bt said she was moving to amend. and an am·-• is appropriate. Mayor Burns said it is approprialc before the motion. COUNCD. MEMKll llAIIENICBT MOVED TO AMEND BY ELIMINATING THE GIIANDFATBEIUNG IN PORTION OF THE BILL • .. • t ' ' I • 0 • • . -. Englewood City Council November 1, 1999 Page 15 -· • • - .. Mayor Bums asked City Auomey Brotzman to explain what that really means. City Auomey Brotzman said, if you eliminale Section 14, which is the exilling use provision, that means several things . One is !hole that are~ in areas that would be in~ with the ordinance would then either' have to bea>me in oompliance with the ordinance, some fl them migtit need a cooditiooal use pennit. or they would be in IIOIKOlllplianc and then you have a lakinp iaue. One is, did the government regulalc, and the _. is yes . The secood is, what is the CCOIIOlllic harm because we eliminaled that use in thal area . So a group home would have to come and say because you took our group home, here is the cost to the City for thal taking. Council Member Habenicbl asked about an IIDOl1iDlion clause . Mr. Brotzman said thal is another pn,vilion thal could be IIICld. 111d which we actually did use in clay labor. In that area. we amortiud the bmin over a period fllime to allow them to remain and to Rllluce the economic harm to the City tbroup the llkinc. Ms. Habeaicbt med bow she would Ni thal to her amendment. Mr. Brotzman said she would RlqUCII -amoftmlioll period to allow them to recoup their investment in the properly. YOU oould • it -a period fl years if you would ralbcr, be added. Mayor Bums llid be would like to clarify. lfwc: eliminate Section 14, does that DO( make it more difficult, be asked, oa the homes question . City Atlomey Brotzman said absolutely . Some of these have actually gone tbrougll die pnx:a1 of FUiag a --a>nforming use pennit to be there, and if they are in noo- a,mpliance for some n:ami, you would actually be saying you can no looger be there, so we would be taking their propeny . Council Member Waggoner said. in that pal1icular instmcc, you would have to dda'mine which one was there tint and thal one could Slay . Mr. Brotzman said you would actually be saying. to someone who was actually there, you can DO( remain. Council Member Bradshaw said then you have damages . Mr. Brottawl llid tbal is right. Council Member Gama said tbal, if you bad two, but for dilUncing. you would have to pick. Mr. Brotzman said that is ripl. COUNCll. MEMBER HABENICHT MOVED 1111: AMENDMENT WllB THE AMORTIZATION PERIOD or FIVE HAD. There was no secood to the motions to amend. Council Member Grazulis a>mmeoo:d, regarding the leplity issues and the Fair Housing Act. as long as our attorney is sure that we are squeaky clean. She med if City Atlomey BRltZDml feels comfonable with this. Mr. Brotzman responded aflinnatively. He added that be is comfonable with the law as it cuncntly IUlldl. -ni-is no cue law as to this diJIIDcing provision, be said, in the tcotb circuit. and the jurialiaioas wc:re spliL We are comfortable wilh the jurildictiool that llllid you can have distancing. Council Member Waggoner said be is lllill coacerncd about bminess-type homes in the single family rcsidaUial areas, and, as be did on the fint reading. be will vote no again. Mayor Bums asked for the vote on the motion to adopt Council Bill No . 56 on second reading. ORDINANCE NO . 51, SERIES OF 1999 (COUNCIL Bill NO . 56, INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING 1TJ1.E 16, BY AMENDING CHAP1cJl I, AND AMENDING CHAP'Jll 4, BY 11fE ADDmON OF A NEW SECTION 23, ENITILED "GROUP LIVING FACILITIES," AND AMENDING CHAPn:R 5, SECTION 5, E1'lITI1..ED "PRIVATE OFF-STREET PARKING STANDARDS," OF 11fE ENGLEWOOD MUNICIPAL CODE 1985 . • I • 0 • • -----------~~-----.. -~----~--------------.,_ • Englewood City Council November I, 1999 Page 16 Nays : The motion carried. ..-. • • -... Council Members Nabbolz, Garrett, Bradshaw, Habenicht, Grazulis, Bums Council Member Waggoner ( c) Resolutions and Mo6ons ... (i) Dircclor EalOO presellled a recommendalion from the Hwnan Rcsourccs Dcputmmt 10 adopt a resolution approving a c.ollcctivc Bargaining Agreement between the City of Englewood and the Englewood Police Benefit Association for 2000 and 200 I. Ms. Eaton urged passage of the l'Cllllulioa. The resolution was assigned a nwnbcr and read by title : .RESOLlmON NO. 97, SERIES OF 1999 A RESOLUTION AU'JllORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 1llE CITY OF ENGLEWOOD FOR THE YEARS 2000 -2001. COUNCO.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (i)-RESOLUTION NO. '7, SERIES OF 1999. Ayes : Council Members Nabbolz, Garrett, Bradshaw, Habenicht, Waggoner, Glw.ulis, Burns Nays: None '111c motion auricd . 12 . c.-.1 Dill:ulioa (a) Mayor's Oloice (i) Mayor Bums reminded everyone that the Holiday Parade would be on Saturday. He said he hoped everyone could be there . (ii) Mayor Bums recogniud that this would be Council Members Habenicht 's and Waggoner 's last full meeting with City Council. He said that Council Member Waggoner has not only been on Council for eight years, but was Public Works Duector some twenty-five or twenty-six years before that . He has bcco ol service to the City of Englewood for thirty-five years, which is just an amazing record ol long time IICIVice to this community, he said . He asked for a round of applause and expressed his thanks to Mr. Waggoner . Mayor Burns said Council Member Habenicht has been on Council for twelve years and is our longest serving Council Member. He said if anyone loves the City ol Englewood. it is Alex Habenichl She has demollstnlcd that in more ways over the years than anyone he has ever scc:n on Council . From sort of rescuing the Puadc, which looked like it might give up the gholl this year, to many other things that she has clone in the commwiity through her dcdicalion 10 the arts, and keeping us dreaming when we needed to on projccU where we needed something special bappmiog in Englewood, including the CityCenter project . Thal slarlcd out as a big box retail project and turned into IIOll'ldhing very difJereoL Ms. Habenicht has always kep( our feet to the fire on thole kinds ol i-. he said. Twelve years of service is a long time on Council, and lhc ii now Mayor Pro Tcm. He said thcre will be a special reception for both Council Mcmben on NoYcmber 11"'. Mayor Bums asked for a round of applause for Ms. HabeoichL (b) Council Members' Oloice • · . I • 0 -----------:---------------------..-.r--------~----------------------~ - • • • Englewood City Council November I, 1999 Page 17 (i) Council Member Nabholz : .,--. • • - ... .. ... I . She said Council Member Waggoner has 11 ... ys llq,t her accounlable and laughing. We arc going to a,a1inuc your vision of that bmv pub, she joked, and you have always approved my trip money and read my reports. Council Mc:mbcr Waggoner said he has something here before him that he would like to go ahead l'i th. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE SJ,535.IO FOR COUNCIL MEMBER NABBOLZ TO GO TO mE NATIONAL LEAGUE OF CITIES CONFERENCE. Ayes : Nays: Abllain: Tbc mocioa carried. Council Members Garren, Bradshaw, Habenicht Waggoner, Grazulis, Bums None Council Member Nabholz Council Mc:mbcr Nabholz said there arc days that she occds Council Member Habcnicht 's rose colored ~-She 1baobd her for her vision and whal she has brought her through as a friend and as a Council Mc:mbcr. 2 . She offcrai a pcnooal thank you 10 the EngJcwood police dcpanmcnL 3. SIie mniodcd everyone of the Malley Cenlcr Buaar on Sahlnlay , as well as the Shrincrs ' Pancake Brald"aa. 4 . She aid think you 10 City Slaff. (ii) Council Mc:mbcr Gama said be would mill Council Member Habeoicht 's pasion. He jcud that Mr. Waggoner is too much of a blalJbcr mouth, and he won 't miss that at all. (iii) Council Manbcr Bradshaw said it has been an hmor to serve with both Council Member Habenicht and c.ounat Mrabcr Waggoner. She said Council Member Habenicht has taught her palicnl:e, bul she is still wodting OIi iL (iv) Council Manbcr Grazulis said she will still be calling Council Member Waggoner for his cxpcrtisc on the roads issues that come before Council. She said she would still be scc:ing Council Member Habenicht• all of the performing arts issues, which we so passionately have as one of our endeavors IOgClher. She llid it bas been an honor and she thanked them for teaching her during her short time on Council . She said she bas learned a lot. (v) Council Member Waggoner said all he can say is it has been fun and interesting. Then: is a lot to sec from both Iida, be said, and there has been a lot of progress in thirty-five ycaR. We have a,me a long way and there is a long way to go, but wc will get there, be added. He asked Council to keep up the good wort. (vi) Council Manbcr Habenicbl thinked everyone. This has been a wonderful Council to ICIVC with, she said, and in twelve years, she has ICIVed with a lot of wonderful people, and has lcarned a lot. This really is a team dl'ort, and this 1QID has been the IIIOll rcwanling. Althougll wc do not always agree, she said, this is the IIIOll agrcable group of people she has worted 111th. It has been a real bralb offn:sb air,. said, and she bas enjoyed it immemcly . ., " . ' I • 0 • • Englewood City Council NoYember 1, 1999 Pqcll •. 1· •,, .. ~ -• • - ••••• • .. ' ... •. Mayor Bums a,mlDCDICid thal he plans 10 go 10 the Nllicxal League of Cities coafcrcocc, but has m gotten the ..... ~ yet. He aid he MU1d ooly go to the regular---. DO( the seminars, so there would be no mniDM' COil, lea lodging and less meals. He aid he MU1d try 10 have thal together by the next meeting. 13 . City Muqer'a lleport (a) City Manager Sears said thank you and thal it was a pleasure wodting Wider Council Member Waggona-'1 and Council Member Habenicht's guidance and he knows staff feels the same way . {b) City Manager Sears requested guidance from Council regarding Wal-Mart. COUNCO. MEMIIER 81lADSBAW MOVED, AND IT WAS SECONDED, THAT WI: GIVt: DIIIEC'l10N TO 'l1IJ: ENGLEWOOD ENVlllONMENTAL FOUNDATION (EEF) TO PROCEED WITH TIii: DEAL POINTS DISCUSSED IN EXECUTIVE SESSION ABOUT WAL-MART. City Attorney Brottman said thal is now public and we can give everybody a copy of that Ayes: Nays : The motion carried. 14. City .Act8ney'I ..... Council Members Nabbolz, Garrett. Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nooe (a) City Aaoney ~ aid lie _.. like to clarify thal tbelC should be the final points on Wal-Malt. While they are deal poial, aad they Deeded aupport, they are more issues of finalization, just 10 get everything cleaned up. (b) City Aaoney BroUma aid, CIIDIZllliag cu lnluit with the bondbolden. and the tnlllCc out of what was Colorado Nllicxal Bllllt aad is-U.S. Bank, we were successful in that lawsuit. The District Coun found iD our fawr. Wml they aid is, cme, read the clOC'l!!DffllS, and, two, the Uhlte says you may extend, you do llllt have to . Mr. Brolzman said the projection was that this would have been about a S50 million bit 10 the City, ao that is a....,.-victory. One of the things that we are discussing, he said, is pcrbap5 not punuiDg our aaaracy' s fees if they do DOI app:al . ••••• 15 . AdjcNlruaeat COUNCO. MEMBER WAGGONER MOVED TO .ADJOURN. The meeting adjourned at 9 : 10 p.m ,"4~;:;z~. Deputy City C ' . ., ..: ~ ' . • I • 0 • • .. ~ -· • ·~ • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . NOVEMBER 1, 1999 7 :30 P.M . 1. Call to order. '7::5"i p.m . 2 . Invocation. ))~ 3 . Pledge of Allegiance . ~ 4. Roll Call . / ~ .. 11 ~~ Minutes. ~~'J;'f· Minutes from the Regular City Council meeting of October 18, 1999. r,,o,ll' ~l 6. Scheduled Visitors . (Please lim it your presentation to ten minutes .) v a . Linda Kotowski , President of the American Park and Recreation Society of the National Recreation and Park Association, will be present to address Council regarding the National Fitness City Award that was recently bestowed upon the Englewood Department of Parks and Recreation . Mark Goldberg will be present to discuss the status of the Wal-Mart agreement. John Loss , from Miller Weingarten Development, will address Council regarding the CityCenter Englewood project. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) Caal Van Law, l.oua an-, Gall sa.tlom, SU1an Behm, JOIII ~. San*11 Dohm, David Fine . Jon Gaffney , Bi l Fuclia, Ttny er-II, C-.y Stocllwal, Paul Scllmltz-AI 1pC111a _..,. Graup H.- ~ ~ Communications, Proclamations , and Appointments . ~D O _,.i4~. Resolution appointing Kendra Grazulis as a Youth Member on the Englewood "7 ~ Parks and Recreation Commission . 9. Public Hearing. (None scheduled) Pleue note: If you haw a disability and need auxlllary aids or NrYlcH, please notify the City of Englewood (303-762-2405) at leaat 48 hours In advance of when NrVlces are needed. Thank you. -. ..: ' I • 0 J • .. • • •·.,. • • Englewood City Council Agenda November 1, 1999 Page2 10. Consent Agenda. ~~//Ai,·r~~ J~ ' Approval of Ordinances on First Reading . v."""JJil'_' 1. 1 ~..-.., i,l . i. COUNCIL BILL NO. 65 -Recommendation from the Util ities Department to « v adopt a bill for an ordinance approving Southgate Supplement #145 . STAFF I O SOURCE: Stewart H. Fonda, Director of Utilities . . ~~;~· ~i'1--0 iii . COUNCIL BILL NO. 66 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving an amendment to Cherry Hills Village Water Service for Viking Drive . STAFF SOURCE: Stewart H . Fonda, Director of Utilities. COUNCIL BILL NO. 67 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance approving the lease /purchase of the Computer Aided Dispatch and Records Management Systems (CAD /RMS ) Systems for the Safety Services Communications Center. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. b. Approval of Ordinances on Second Reading . oJ ,l(J., i. dll~"jj· ~,~ ... ~- lf"' Council Bill No. 62 , approving an Intergovernmental Agreement with Flood Middle School for South Broadway Action Plan improvements . Council Bill No. 63, approving an amendment to the Comprehensive Plan regarding Urban Growth Boundary according to MetroVision 2020 . Council Bill No . 64, approving the vacation and acceptance of an easement at CityCenter Englewood. c . Resolutions and Motions. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion , a contract for construction services for the trickle filter chemical building remodel. Staff recommends awarding the bid to the lowest bidder, Glacier Construction Company, in the amount of $32,969.00. STAFF SOURCE: Stewart H. Fonda , Director of Uttlltles . 11 . Regular Agenda. a . Approval of Ordinances on First Reading . j ~ i. COUNCIL BILL NO. 68 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for construction of Broadway widening and medians . STAFF SOURCE: Ken Rou, Director of Public Works. PINN nola: If you haw • dlublllty and need auxlllary aids or Nl'VlcN, pluN notify the City of Englewood (303-712-2405) at leat 41 hours In advance of when NrVlcea ara needed. Thank you. • .. • I < . ' . I . 0 - • • l;rlglewood City Council Agenda 1' ·. November 1, 1999 Page.3 ,. .. •,, ... .. ~ ,,,--·~ • .. • ' -' •, 7ii. COUNCIL BILL NO. 69 -Recommendation from the Department Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Regional Transportation District regarding environmental assessment at the General Iron Works /} ,0 property. STAFF SOURCE: Mark Graham, Senior Planner. b . Approval of Ordinances on Second Reading . _i. ;J.6"1, Council Bill No. 56, amending sections of the Englewood Municipal Code pertaining to Group Living Facilities and Private Off-Street Parking Standards. c. Resolutions and Motions. / _.. i. Recommendation from the Human Resources Department to adopt a resolution approving a Collective Bargaining Agreement between the City of Vllfl Englewood and the Englewood Police Benefit Association for 2000 and 2001 . ~ ,() STAFF SOURCE: Sue Eaton, Director of Human Resources. Ctff 1 _....,, 11b I 12. General Discussion . a,_,_-mo11on to approve a. Mayor's Choice. . b . Council Members' Choice H111en1C111-mo11on1o--i11r....._.. .. ., • ....-•• • In par1lan cl .. 1111 and wlll an amoa1ialol, period cl Ive yeas. Died IDr llcll Ill• --S. Vala on I,...,_.. fflllllon to.....--~1 (Nay: Waggoner) 13. City Manager's Report. a. CityCenter Englewood Update . w....--ma11on1o approve 13535.00 nvai ...,_ r. Can:1 ...... NallhalEfwNLC C---ln Laa~ ,._..., 211 llnugh o-nbar s. 1111111. 7~ 14. City Attorney's Report . Adjournment. q ~ /0 p-rr> ....,_ -mollon lo 11M *9Ctlon lo EEF to prOONd wlll .. dNI ......... ln~Sealon ...... ~. 7~ The following minutes were transmitted to City Council between October 15 and 28, 1999: • Englewood Code Enforcement Advisory Committee meetings of August 18 and September 15, 1999. • Englewood Board of Adjustment and Appeals meeting of September 8, 1999 • Englewood Clean, Green and Proud Commission meeting of September 14, 1999 • Englewood Planning and Zoning Commission meeting of October 5, 1999 PINN nol9: If you have a dlNblllly and IINd auxlllary aids or NrVlces, please notify the City of Englewood (303-762-2405) at least 48 houra In advance of when Nr¥1ces ... IINded. Thank you . • . " ' ,.: • I . 0 e r J .. ~ .,--• • ... ... . , .. • -... Sa ENGLEWOOD Cl'IY COUNCR. ENGLEWOOD, AllAPAIIOE COUNTY, COLORADO Mayor 8urllll DOied that two Council members MR ill Ibis e\'Clliag. but we hid a quorum . I . Cal•Onler Tbr: regular meecing of'tbe Englewood City Council -called to onlCl'by Mayor Bmllll at 7:43 p.m. 2 ......... Tbr: iDwc:atioa was giwn by Mayor Bwns. J . PleQe or A11q1aace Tbr: Pledge of Allegianc::e was led by Mayor Burns. 4. Rall Call Prclcnl: Ableat: Council Memben Cinzulis, Gama. Habeaic:bt. Wagoner. Bwm Council Memben Nal*llz. Bnidlllaw A quorum -ix-t 5. Mata Allo praent: City Mampr s-.. City Aaamcy ~ City Clat Ellis Seaiorl"-Scia, ~ ... a--Devdapment Busiaa Devdopmall C-diWur Scibel1i Senior"'-Gniua. Neipllorllood ad a--DeYdapment Director Glyglewicz. F~ Services Capilal Projec:ls Malalcr/Dn:tor Kallln. Englewood Environmental FOUDdatioa (a) COUNCll. MEMBER IIAIIENICBT MOVED, AND rr WAS SECONDED, TO APPROVE TIU MINUTES 01' THE REGULAR MUTING 01' OCTOBER 4, lffl. Aya: Council Members Gama, Habenicm, Waggoner, Grazulis, Bums Nays: Nooe Absent: Council Members Nabbolz, Biadsbaw Tbcre MR DO scheduled visilllrl. ,. ..: ~ ... ) I· 0 ) j • Ea&lewood City C-il Octaller II, 19'9 P .. 2 . ... • • - ... (a) Paul Schmitz advised that be is the Program Director of Community Cares Residential TreallllClll Ceolcr. Mayor Bwns asked if be was here for the public bearing on the group living facilities . Mr. Schmitz said DOt tbal be was aware of, that be was just here to speak for a few minUICS. Mr. Schmitz said be just wanted to report to the City Council that over the last five weeks they have engaged in over 27 hours of activity full time, pursuing the conccms of a a,mmunity cooccm group beaded up by Dawn Davis. He advised be bas been in COlllaCt with ccnain members of the Child Welfare Governor 's Special Task Force on this issue and tbal Community C.CS Residential Tn:alDICDI Center and Adult Program would like to extend an invitalion to the City Council to meet with them at their convenience. Mr. Schmitz Slated they are c:urmmy c:onsulling with imomcys and other program directors in the area on an informal basis and they are in a very cooperative srancc with the City and the local police clcpanmeat. He said be was pleased to praent to Council tbal they 1111d wilh Dawn Davis and two police officers of the Englewood 0,anrnroity Police FOlllC and bad a very positive meeting two Saturdays ago. We are somewhat a,ac:aned, be said, as members ofa forty program swewide agency , of the recent developments occwriDg in LiUlelon, here in Eaglcwood, and in Aurora Mr. Schmitz advised that they are c:umntly trying to rcearch tboee, tbat they are very willing. very able to bear any of Council's ooncems about their program, be said. Al this point. be said, be bas assigned a number of rcsc:arch people 10 the number of police reports they were told about. He said be can n:member they did provide a copy of a ICU page amlysis of the number of police reports tbat were cited here in this meeting a few weeks ago . Of those numbers. g,-;. were reports rcquiml by stale law. Mayor Bums noted be was also signed up to speak • the Public Hearing on the Group Home Ordinance. Mr. Schmitz said be-lOIIY. tbal be llli ... bavc misundenlood. Mayor Bums advised be can speak IODigk. but if be was here to speak on group homes. be should speak at the Public Hearing. He DOied Council will officially open the Public Hearing ,ritb a motion. Mayor Bwns explained that this is the DOD-sdlcduled visitor portion where people can a,me and speak about anything . Mr. Schmitz said that was okay, tbat be just wUlled to give an informal report also. 8. (a) coosideraL A proclamation declaring the month of November 1999 as National Hospice Month was COUNCB. MEMalR WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE MONTH or NOVIMBER 1999 AS NATIONAL BOSPICI MON111. Ayes : Nays : Ableot: 9 . Plllllic Barias Council Members Garrcu, Habenicht, Waggoner, Grazulis, Bwns Nooe Council Members Nabbolz. Bradshaw (a) COUNCB. MEMalR BAIIENICIIT MOVED, AND IT WAS SECONDED, TO OPEN A PUSLIC IIIARING TO GA11DR CITIDN INPUT ON COUNCB. Bll.L NO. 56, PERTAINING TO GROUP LIVING FACILITIES. Ayes : Council Members Ciarrdt, Habenicht, Waggoner, Grazulis, Bwns Nays : Nolle .. I· 0 • • Eagkwood City Couac:il October 18, 1999 Pqe3 0 - Absent: Council Members Nabholz. Bradshaw Motion carried and the Public Hearing opened. All witnesses wen: duly sworn. Senior Planner Slia advised that tonight. before Council is an ordinance that will create a group living section of our Zoning Ordinance. The Group Living Ordinance pcnains to what we traditional I~· call group homes, but it is a much broader ca1egory than that. The proposed ordinance has been before the Planrung CommiS&ion for m'icw on several occasions and before City Council at a Srudy Session. There have been some changes made to this ordinance, be said, as a result of those meetings. with both the Planrung Commission and City Council. He noted that what is before Council tonight is an ordinance that we believe captures the ncccssary n:gulalioos to cover the various types of group living facilities that do exist within the City of Englewood. For the sake of the audience. Mr. Stitt said be would briefly point out some of the importanl considerations within the ordinance itself. He stated that it provides definitions for. essentially, three types of facilities. Then: is the group living facility in general and within that there arc: three types. A small group living facility, which is defined as a residence for up to eight unrelated individuals, none of which are receiving on-site mcdic:al or psychologic:al trca1111Cnt. but some or all of whom may be receiving on-site physical assillaDCe with day-to-day living activities. He stated that examples of small group living facilities include any of the following that meet the dcfiniuon. For instance. a non-profit group home for the aged or owner occupied group home for the aged. A state licensed. personal can: boarding home, a Slate licensed community residential home. a home providing independent residential support services for the developmentally disabled, a Slate licensed residential child care facility, a family can: home, and a rooming or boarding house. Mr. Slin advised that the second type of facility is a small trcanncnt center and that is a residence for up to eight unn:lalcd indi,iduals. some or all of whom arc receivmg oa-silc mcdic:al or psychological tRamall He explained tbal if any individual resident of a group living facility. with up to eight unrelaleld individuals. receives on-site medical or ~·chological trelllDelll. the cmire facility sball be classified as a small trcaancnt facility, rather than a small group li,ing facility . Examples of small trcanncnt facilities shall include. by way of example, a nursing home. a nursing home facility, or a auning facility as defined in the Colorado Revised Statutes 26-4-103 (II), an institution prD\iding life can:, a pbysical or mclllal rehabilitation home, a state licensed group home for the devclopmentally disabled or a state liccnscd group home for persom with mental illness . He stated that the final type of group living facility is called a large or special group living facility. The definition of thal is any residence for -than eight Mr. Stitt pointed out that it is important to noce the distinction here . Small group living facilities and small treatment facilities are limited to eight. A large group facility or special group facility is any residence for more than eight unn:laled individuals and any residence for up to eight unrdaled individuals that docs not meet the definition of small UQtmem facility or small group living facility . If any individual n:sidem of the group living facility docs not meet the definition of small tn:a1111e11t facility residml or small group living facility n:sidalt. the entire facility shaU be classified as a large special group living facility, rather than a small group living facility or a small trcalmalt facility . By way of example. be said. this would include a secure residential trealJIICDt center. a shelter for homeless persons, a dormitory, a boarding or rooming house, a fi'llemity or sorority house. With those types of facilities being n:gulafed. the ordinance provides for districts in which they can be located and there is a lllllrix or a cban in the orclinance that specifies in wllal zone districts each of these types of facilities may be located. Mr. Stitt advised that the small group living facility. which is for eight or fewer individuals, and again. be said. thll is a type of facility where then: is no medical or psychologic:al trcalJDellt being given, is permiacd in all raidCDlial ZiOIIC dislricu and our two ~ disamts. B-1 and B-2. as a permitted use . The small trea1men1 ccnfa', which is a facility for eigbl or fewer individuals who an: receiving medical or psycbological tlealDICDI. is permiacd as a '* by rigbl in the B-1 and B-2 zone dillrids and a conditional use in the R-3 and R-4 mae dislricu. 1be conditional'* process requires a public hearing before the Planning Commission, where the Plmning Commillim reviews the proposed applicalion and its impact on the neigbbomood, !aka public commenl and rmdcn a decision. The large or special group living facilities an: similar to the small trelbDeml CCIIICr, in that they an: permitted in both the B-1 and B-2 zone distriCIS and they an: a conditional '* in the R-3 and R-4 mac dillricts. 1be Planning Commission. in reviewing • ) I • • '1 • • ---------------.----------------------------------- Ea&lewood City C~I October 18, 1999 Pqe4 • • - any group living facility, must consider the following : the group living facility shall not be located closer than 7SO feet from any swe licensed child care facility for childrm or any elementary, middle or high school and 1250 feet from anochcr group living facility ; structuml colllaining group living uses shall not be taller than the average height of the three primary structuml oo the same block. located closest to the group living 511UCtUrc ; 24 hour supervision shall be provided by qualified Slaff; all facilities shall be located so as to provide convenient access to grocery and other rdail saorcs, and other commercial sc:Mccs, public transportalioo, access points, and public rccrealioo facilities . He staled that any group living facility where rcsidmts include any individual who has been convicu:d by any coun of more than one misdemeanor or fdoay i.owlving property damage or personal injury, that was commitled while be or she was a resident of the group living facility, shall be deemed to be a public nuisance and shall be subject to those: enforcement actions and pcoaltics applicable to other public nuisances within the City . Prior to initiating operations and prior to moving opcratioos to a diffcrcot facility and on or before December 31 • of each calendar year, the opcraaor of each group living facility shall submit to the City a photocopy of a valid and current certificate or liccmlc iaued by the State of Colorado, if any such ccrtificau: or license: is required for the operation of the facility . If active and continuous opcralions are not carried on for a period of three consecutive months in a group liviag facility approved as a conditiooal use. the group living facility shall be considen:d to be abandoned. the use may be moslalCld ooly after obtaining a new conditional use: approval . And finall y, he said, as mtborized by 42 USC 3604(1)(9) of the U.S. Code. no group living facility shall provide housing to any individual whose tcndcocy would constitute a direct threat to the bcalth or safety of other individuals or whose tcndcocy would result in subsaantial physical danger to the property of others . Mr . Stitt advised that tboae are the conditioos under which the Plaooiog Commission reviews these group living conditional use: applications. The final provision in this, be said. is a very imponad one, it is called reasonable accommodation. He staled that the Fcdcral Fair Housing Ad, as ammdcd. requires that communities grant muoaablc accommodation, if slight variances in rcgulaljons would permit these types of facilities to be located in their communilics . Whal -have in our onlinaocc. be said. are three types of conditions tha1 the City Manager or bis or bcr dcsi~ may modify to allow lllale types of facilities . The first is to modify any facility spacing, building sedJack, bcigbt. lot covengc or landlcapiog requircmcnl by not more than 10-1.. The second is to Rducc any off-street parting requirement by no more than one space . And. he DOied, the final condition is tha1 the City Manager or dcsi~ may approve a type of reasonable aa:ommodalion diffcrcot from that requested by the applicanl if be or sbc concludes tha1 a different fonn of aa:ommodalion would satisfy the requircmcnts of tbc Fair Housing Act with fewer impacts on adjaccm areas . The decision of the City Mmascr or dcsi~ sball be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for rcuoaablc accommodatioo and the authority for any reasonable aa:ommodalioos approved. He advilDd lhll requesu for types of accommodations tha1 arc not listed above may only be approved through a zooiog variance or a rc:zooiog process . So, be said. in closing, the ordinance provides for three types of facilities within the City Englewood, specifics where those: uses may be pcrmiacd. citbcr as a pcrmitled use: or a coaditioaal IIIC, specifics tbc conditions under which they may be approved by the Plaooing Commission and graou authority to provide reasonable aa:ommodation for those uses, if necessary, to intcgratc them imo the community. He asked iftbcrc -re any questions. Council Member Habenicht asked what the difference is between a group home and a halfway house. Mr . Stitt explained tha1 those distinctions get blurred because dcfinitioos have changed over the years . But, he said, lladitiooally a group home is a facility where care is provided citbcr for psychological or medical reasons for individuals who are unrelated or not related to the opcrlllOr. He said that a halfway house is lladitiooally ddined as a facility where individuals who have been inc:arccralcd are released to, prior to complcling their sc:ntcoccs. So they may have been convicted of a crime, served out a cenain sc:ntcncc, and placed in a halfway house to get than rcaccl.imalod to society before being fully released. So. Council Member Habenicht said. we arc 00(, with this ordinance. approving halfway houses . Mr. Stitt said no -are not . Ms. Habenicht said she just wanted to clarify that. Council Member Habcnicbl asked if this orclinaocc docs take away from tbc neighborhood any rights to object to IO!OC'tbing coming in diffcrcndy . She said it sounds as if this one provision docs indeed put that • I • 0 • • Eapewood City C-U October 18, 1999 Pqd ..,.-. G - decision in the bands of the City Manager or the City Manager's dcsigncc. She said she wanted 10 clarify If Mr. Stia was saying tbal is n,quiml by Federal law or if ii is just something wc are putting in there ? Mr. Stia explained that he was not sure if it was required by Federal law. but it is in the Federal Fair Housing Act Amendment Ms. Habenicht asked what that means. Mr. Stitt advised tbal that means that communities are expected to make reasonable aa:ommodations. For inSWICC. he said, if the only reason a group living facility would not qualify lO be located in Englewood is because they are one parking space short. the Federal Fair Housing Act would say you have a reasonable obligation 10 make an exception 10 allow that facility in. So whal wc have done, essentially, is take the language from the Federal Fair Housing Act and incorporaled ii imo our ordinance. Ms . Habenichl asked if those were the examples that they pvc. Mr. Stitt adviJed that tbe examples are not in the Federal Fair Housing Act but that is an example of the type of accommodation the Fcdcral Fair Housing Act is expecting local gm·emmcnts 10 make. And. Mr. Stitt said. quite frankly, they arc minor conditions, such as reducing the distance n,quiranelll by ten feet. so for instance a facility that must be located 7 50 feet from a school ... the C 11)' Manager bas the authority to reduce lhal by 7 5 feet if it would mean that that facility could then locate in the community. Of course, be pointed out. it bas lO meet all of the Olbc:r condibons. And the parting. Ms Habenicht said. She asked whal tbe Olbc:r one was . Mr. Stia noted this one sounds fairl y complicalcd. That's the one, Ms. Habcnichl said. 10"/eofthe landscaping or anything hkc thaL Mr . Stitt said yes . for instance if they have to comply with the landscaping onlioancc and because of the way the facili ty is set up on the property ... we are assuming of course that it is an existing facility ... they are I O"/o out of comphance with our laodscapiog ordinaocc, the City Manager would have the authonl)· 10 essentially grant an exception. 10 say that lacking that 10"/o is no reason not to allow this facility within the corr.muru ty . Council Member Habenicht Slaled sbc is coocemcd about what kind of impact that 10"/o would have . say. in a residential neighborhood. wbcrc 10"/o of a front la•u. for example. might be taken awa y. which might be pretty significant. Mr. Stitt advised 1h11 we are not suggesting that the)• take away . but ordinarily these would come into play in a situation where a group living f.acility is applying for. let 's say. a conditional use approval in an cxisling SIJUCllll'C . Physically there may not be the n,quired landscaping there because the facility was built 20 years ago. before we bad a landscaping ordinance . Mayor Bums advised be went through the ordinance and it appears thal all the changes they suggested last time are in there, lhal be did not see anything that seemed to be missing there at all. Mr . Stia said that was com:ct, that be believes all the changes thaa were suggested were incorporalCd into this version. Council Member Wagoner asked what physically happens if somebody in a small g,oup living facility starts rcc:civing on-site medical aacmion. He noted tbal facility then becomes a small treatroclll facility , which is not allowed in some of the mnc districts. Mr. Slia advised that. based on this ordinaocc, the y would have to ceuc operation, because they have changed the category from a permitted use. to one that is not permitted. Mr. Waggoner asked if they could just get rid of the person. Mr. Stitt said yes. that that was a poaibility. Council Member Habenicht asked if this ordinance provides notification to a neighborhood that there is a facility. a cbaage bappc:ning in one of the rcsidcnc;cs in their neighborhood or in their zone. Mr. Stitt said with the coodilional 111e provisions. yes, but for the small group living facility, that is a pcrmiacd use . there is no notific:alioa proc::a1. Ml. HabcnicM asked if thaa is the way it is now or if this is a change. Mr. Stilt asked if sbc IIICllll DOW • IIICllliD& in the rcgulalioas we have in our Z.Oniog Ordinance. Council Member Habcnicbt aid lbe Im bid qllCllioal from people and she is trying lO clarify that piece. of whether or not we are aclUllly cbaging tbillp 111d llllking it so that. say, if a person living in a particular neighborhood right DOW 1WOUld have DICft oppcxumily lO kmw what is going on with properties in their neighborhood or lei&, bccallle of this ordiDaDce. Sbc aid lbe wwld like tbal clarified. Mr. Stitt advised for the types of facilities thll arc pamiaed in all the l.Cllle dillricll, there is no c:bangc in the nolification, we do not n,quire nocificllioa ader our a...-.. ~ w docs the Sllle, for iDltancc. when they are licensing a per-.1 cae balnlills .__ So du,.._ docs DOC cbaD,e thl&, be said, it is only when you get to the CODditioaal w leYel, wlleR dlae ii a.di C'#kle via a polling al the property of a legal notice and then also • I • • Ea&kwood City c-il October 11, 1999 '•' ,. • G • .. ' a legal notice in the newspapc:r concerning the public hearing. But. Mayor Bums IIOICd. that is the initial acceptance. that is the initial request for approval . Mayor Bums asked. since be said if there was a change of use to a treatment facility they would have to sh .. down, if it wouldn 't be reasonable to have a oocice provision in there, if they make that change. He noted tbal is a major change for them to do that Mr. Stitt swcd you could include a provision that there be some type of ootificalion. One of the things the attorneys have told us, be said. is tbal wc have to be careful that we don 't require IIOlificalion, or we don't impose requimncnts on these types of facilities. that wc don't impo11c oa otbcr residmial uses permitted in the wnc disoict. So, be said. you arc walking somcwbal of a tight line there, but tbcrc may be a provision thal wc can add that would allow for that type of notification . Mayor Burns swed be would like Mr. Stitt to look into that. because it seems to him that if there is a change of use they would have to shut down, that is a major change for them to do that . Mayor Bums said be felt it would be reasonable to require some son of notice . Council Member Ganett asked if it is pan of initialing operation that they have to give us a copy of the license that they operating Wider. Mr. Stitt said if a license is required by the State. So. Mr. Garrett said. if a license is required by the Stale they have to give us a copy of the license before they can even stan opcratiOIIS. Mayor Bums explained that wbal be was saying was if they change their operations and in mid-stteam they become unqualified and they would have to shut down. thal they would have to give a notice or that change, which is beyond the initial approval. Council Member Habcnichl asked if this means if she was a resident and wanted to make a I O"/o change in her landscaping requirmlcal. or something like lhat, that she c:ould also go to the City Manager and get that dispcnatioo. She said arcn 't we bending over backwards? Ms. Habenicht noted wc arc saying wc may get a reaaxlllblc reqUCI!, but dim it -to be uaf'air to residents, from that poiia of view. She said she is having a little concem with that. Mr. Stitt ated the reasonable accommodation provision was added because when Congras cnaCled this legislltioo they found that there was a history of communities putting roall,locks in the way ofinc:orponling dlele types offacililies into the neighborhoods. It was the Fair Housing Act 's purpoee to, in a -. lcvcl the playing field. They thought it was appropriate, to the extent that you could have thcK facilitia in your community, that what they call reasonable accommodations should be proplllDd or should be made. So, be explained. we have copied the language. essentially, from the Federal Rcgulatioas so tbal we don 't run afoul oftbc Fair Housing Act Amendment Mayor Bums said be thinks be unden1ands whM Mr. Stitt is driving at. why the law was changed. He stated be docs not think it affects the average citizen. Council Member Habenicltl said she thinks she understands it, but at the same time it seems like it is changing the level of the field and it is working against rcsidmts in a neighborhood. She said she is wondering how that is considered leveling the playing field. it seems to be tipping the playing field the other direction. Mr. Stitt advised that in the federal sense what they found was that there communities that would enact wning regulations, for inslancc, that would prohibit all of these types of facilities. just blanket prohibition. The Federal Fair Housing Act Amendment was an aacmpt to level the playing field for protected classes of individuals, because they bad dclamined thM there had been discrimination against these protected classes . In a lot of ways, be noted, it was likened to affirmative action. Thal there had to be special consideration given to a claa of individuals who had historically not been given every opponunity that the rest of us might cojoy . Mr. Stitt explained that upon that basis the Federal Fair Housing Act said you should allow tbcsc facilities in your community, you will allow these facilities in your community and, to the extent that you have to bend the rules a little bit to allow them. you should do that Council Member Grazulil aid she would like to take a 5lep backwards, that maybe she is confused. but allowing one pcnon medic::alioa ... wouldn 't that be a gond thing if you are going to control an action or • 0 I • 0 • • Eaglewood City Coucil October 18, 1999 Pqe7 ·• 0 • something, rather than having it be a negative? The swcment was made. she said, thal it would change the whole operation. Mr. Stitt noted the hierarchy of the permiaed uses, the small group living facility and the small trcabllCllt facility . and said tba1 there was c:oocem cxprcsscd al the Planning Commission meeting that we might have trcaancnt facilities aopping up in all of the ncigbborhoods and there was some sense that it might be better to rauic:t those types of IIICS only to certain lllQS. Thal is why the regulations were creared the way they -· Abo, be said, to inaR t.bal you clidn ·t have a mixing of types of facilities, otherwise you would end up c:n:ating a small group living facility thal might include a cenain percentage of individuals who -raieiving medical or psychological treallnellt You end up blending the various carqorics and the approach tba1 was llkcn by the aaorneys that drafted this ordinance was to make very clear distinctions between individuals living togedler as a group who do not require any type of psychological or medical IJ'clllllC:m OChcr than like Tylenol for a headache. which is not considered medical trcUmetll. So, be said, there arc sotne oommon sense provisions in there. But he noted. if someone · s tneDla1 capacity or physical abilities dderioraac to the point thal they need major medical or ~·chological IJcllmenl. which changes the lllbll'e of that facility . Council Member Grazulis noted he said dctcriorare. She asked how about if it is a condition such as a depression and they arc being trcalCd for thal.. Ms. Grazulis said she would think tbal would be a good thing. Mr. Stitt said yes. it is one of those things tbal it would be very bard for us to know about in the first place and he would suspect if we get group living facilities thal tbal may not be considered major medical treatment. Council Member Grazulis said okay, tbal she would ralher sec someone medicated for something like that, than not. Council Member Habenicht said she bad another question, just for further clarification on this little piece tbal is giving her sotne problems, about the tbrcc: conditions tbal Mr. Stitt talked about that could be allcvialcd by the City Manager or his dcsignee. She asked if that tneanS all of them could be applied to one property or only one can be applied to one property and also she asked if they arc additives, so thal if a City Manager or bis dcsignee would allow for a l<We lapae in the landscaping raiuircment and then ma)'bc do it again and again and again and again. Mr. Scia said no. it would be a one titne only for thal particular use . so there could be a Rduc:tioa or as mucb as 10% in laadlcaping or in building setback and tbal would basically be recognizing existing situllions in IIIOll cases. And, be said, P.ducc off street parking by one parting space. So. Ms. Habenic:hl llid. all tine or tbose could be applied to one. Mr. Stitt said they could be, yes . For the record. Mr. Stitt povided Proof of Public:alion of Notice of the Public Hearing. published in the Englewood Herald on Scpccmbcr 24 . 1999 . Dawn Davis. 3 560 South Corona Street.. adviled that she bad prepared some rcpons for Council that she wanted to pass out She said wbal she paled out arc some findings thal their group has come up with when they did sotne ._-ch. Ms. Davis said she wanted to say that she is very pleased that the City of Englewood is addressing the isluc of group homes. Council Bill No. S6 is a much needed ordinance, however she feels it i-* some changes and some fine-tuning. We have addressed tbcsc changes in the report she gave to each Council member tonight, she said, and she would ask that the information provided in the report be considered in their decision making process for approval of Council Bill No. S6 . Ms. Davis adviled that oac of the IIIOll imponanl changes she feels needs to be made is in Section 14 entitled Existing Uses . She said she asks Council to deny the grandf'alhcring approval for existing group homes . If this is not done some existing group homes will becotne a nonconforming use and the purpose of this ordinance . as Slaled in Section 14, is to eliminalc nonconforming uses . On October 9, 1999, she said, they had a meeting with managing Slaff of Community Cares and members of the Englewood Police Department Ms. Davis said it WU Sllllal to them that SOIIIC of the bcndits of having this group botne OD our block was that it is a busineu providing jobs, boosting the ccooomy and paying business taxes and property taxes. Tbcrdon:. she said, she contends tbal they have a 20 bed residential lrC'.IIJnetll center operating as a business, 24 hows a clay, seven days a week in an R-2 rcsidcntial block . Ms. Davis asked that any and all group homes iD Englewood be rcquin,d to come i.tllo compliance with this propoled ordinance as soon as requested changes arc made and Council has given final approval or this onlinanoc and it bccotnes law. She thanked Council for their aamtiott to this maaer. • 0 I • • • • Eaglewood City Couacil October 18, 1999 ••• • .,-. e - .. ' .. Paul Schmitz, Program Director at 3 5 31 South Corona, said be apologiz.cd to Council for his misunderslanding of the proocdure. He said be did not have a prepared S1alCmcnt. but. as the responsible administralOr for the residential trcalmCDl center be wanlCd to ad1risc Council of a nwnber of major federal actions and local actions in the Stale of Colorado tbat be bas not beard them speak of. In particular. be said, the Gobal lawsuit. which they migbl cite and raarc:b in Denver going back about 14 years ago. A number of their senior adminiSlnlOrs wen: expert witnesses in that case and that case was determined in favor of the 111C11tally ill and clients in the open public community. Fwtbcnnore, be said. he would advise tbal they arc currently rcscarching the Federal Supreme Coun Decision. Olmstead vs. Georgia which was decided, three months ago, in favor of the IIIClllally ill. Mr. Schmitz advised that they arc attempting. as a small agency, to act from a poinl ol'faith and coopenlioo with the City and it 's members and various constituents, but be is conccmed about the Oavor and tone of cenain developments n:cently. He stated they have bad very suoc:cssful meetings with the public, they have done very extensive research. but he was not provided with a c:opy of the book Council was given . He said they have provided research. openly, to various panics. Mr. Schmitz swed be thought one of the major things they should discuss. or make a point to the City at large, is that tbcrc arc currently 47 licensed facilities in the State of Colorado and they arc all tied togctbcr in a variety of activities. One of the primary activities is the Colorado Association ofFamily and Children's Agencies, who at one point or another will be involved in the process here in the City ... he was quite sure. He said. furtbc:nnorc . be is conccmed that in an upper middle class community, very similar to the one be grew up in on the cast coast. that tbcrc is an attempt. possibly. to limit these l)'JICS of facilities or these types of cbildrcn. Since they serve a wide variety of parents and families here in the mcuo area. including the upper middle class and wealthy population. he was sure this could be a difficult set of decisions. He said as be hears ICltimony today, one subsection. 16-4-23-2 (E) would immediately apply to 20 kids in bis facility . Mr. Schmitz 5laled that be is currcotly seeking legal counsel -..ith their staDdlrd a,rpcnlC anomcy and be is in communication with the owners of Shiloh House and Excelsior. He aid be and Bill Gregory bavc been OD the pbonc half a do;r.cn times. He emphasiz.cd that he would prd'cr our appn,ach 10 each Olbcr would be amicable, research based and from an open communication saandpoint Mr. Schmitz aid be is c:onccraed that bis program did take substantial business and publicity damage as a result of the articles that wen: keyed up by Ms. Davis. He staled be docs not want them to be scen from tbal pcnpective as they do have point of fact rcsearcb they have put together for Mr. Scars and City Council for everyone to read. Mr. Schmitz advised tbal they remain available at any point in time to wort with Council. to sit down and talk. they also will make adjustments as needed as these City onlinanca an: cblllgcd. But. be Slated. if any City ordinance would touch them in their grandfather swus at either of their programs be is sure tbcrc would be some complications. He said be was open to any questions from City Council or the audicncc . William Fuchs. 3539 South Corona Slrcet, noted be spoke to the City Council a couple of weeks ago and be jUSI wanted to reiterate a couple of things. He said be bas to admit the situation bas gotten better, they did meet with Community Cares and the Englewood Police and they were told they would be given a guideline of their ndcs and regulations al that time, which they never received. So, he said. be still docsn 't know what is going on over tbcrc, but be would ask that this Council Bill 56 not allow tbcsc facilities to be gnndfatbcred in. He said be would ask that they be looked at on a individual basis. because he docsn 't think that we were given due process the first time around . Mr. Fuchs noted that had he known he would be living next to a 20 bed group home, be certainly would not have bought bis house at the time , which was about the public bearing time, originally. He said be jUSI hopes we get the right thing done here . Caley Stockwell, 3919 South WasbinglOa Street, said be wUlled to address a couple of questions that appeared to be unclear with Council as 10 the intent. The thing about medication. be said, was directed specifically at medication that would need usistana: in receiving or anything given by a doctor that you take home and lake OD your own ... ifthat clarifies at all . He said as to notification for changes, if they have 1ta1111 they have read this. lftbcy cbaqc wllll they do within this, they already know. He said perhaps tbal will help. And rqanling the 10% landlcaping changes. be suggested Council think about wider sidewalks for wbedcbain. Some axnmunitics have said, "ob we can't have a wider sidewalk because it • _+ ___ ------- . I • ) • • • Eacteweod City C...cil October 11, 1'99 .. , ,. • • -.. ... ., breaks our code." that -what that was inlalded to lddreu. II is DOI inlendcd for !be residellls to be able to say wob well I c:an cblnge 10% of my existing Jaochcapng because Ibey are." II is to help !be proleCICd classes imcgrale um nonnal areas of living. which ~ include ramps, lhings like lbat tbal migb1 afrec:1 laadrcaping, bu!~ be a reaDllblc ICCOlllmodation . Repnling Olbcr rasonable aa:ommoclatioas. !be reason is if it came down to one pa,ting apace ... !be ,_ ii -spec:ifically cited ... pleaK envision having to tar up part of lawn in order to pul in 1h11 CXIJa paking apace ... dW is DOI ncccuary. Mr. Stockwdl said that -all be bad. COUNCB. MEMBUl WAGGONUl MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC ID.ARING TO GATIKll CITIDN INPUT ON COUNCB. BD.L NO. !16, PERTAINING TO GROUP LIVING JACILl'IBS. Ayes : Coullcil Manbcn Gama, Habenicbl, Wagoner. Gnzulis. Bwns Nays : None Ahlenl: Coullcil Manbcn Nabbolz, Bradshaw Motion carried and !be Public Hearing c:IONd. Mayor Bums cxplaincd 1h11 nomally Coullcil dnes DOI wtc on !be ordinance after !be public bearing, but Ibey wail 1mtil !be next rqular Council meeting, which is NoYanbcr l . 1999. 10. CoaRat A,-1a (a) Approval of Ordinances on Finl Reading COUNCB. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I) ON nRST lll.ADING. (i) COUNCll. Bll.L NO. 61 , INillODUCED BY COUNCll. MEMBER WAGGONER A Bll.L FOR AN ORDINANCE OF 11fE crrv OF ENGLEWOOD. COLORADO. AMENDING ORDINANCE NO. 53, SERIES OF 1999, REGARDING PAVING DIS11UCT NO. 31, SPECIAL ASSESSMENT BONDS . Voteraaltl: Motion carried. (b) Ayes : Nays : Ablcnl: Coullcil Manbcn Gama, Habenicbl, Wagoner, Gnzulis. Burns None Coullcil Manbcn Nabbolz, Bradshaw (c) Relol.-.. ml Matiam MAYOR BUllNS llDIOVED AGENDA ITEM 10 (c) (IY) FROM THE CONSENT AGENDA. COUNCB. MEMBUl WAGGONUl MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA 1'1D1S II (c) (I), (I) IIIMI (Ill). (i) RESOLU'I10N NO. 91, SERIES OF 1999 • • I· 0 • • • .. ,. ---. • -' Englewood City Council October 18, 1999 Pqe 10 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR THE PURCHASE OF AN ADJUST ABLE FREQUENCY DRIVE AND MOTOR FOR A RAW SEW AGE PUMP FOR THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 1985 . (ii) CONTRACT WITH DOUGLASS ROOFING COMPANY IN THE AMOUNT OF SI 78,800.00 FOR THE PURCHASE OF A ROOF FOR THE DIGESTER COMPLEX . (iii) CONTRACT WITH AV ACOM, INC . IN THE AMOUNT OF $75 ,161.00 FOR AN ELECTRONIC DOCUMENT MANAGEMENT AND IMAGING SYSTEM . Vote readtl: Motion carried. Ayes : Nays : Absent: Council Members Gam:n, Habenicht. Waggoner. Grazulis . Bums None Council Members Nabbolz. Bradshaw (iv) A transit bus shelter contract with Outdoor Promotions was considered. Mayor Bums asked that Business Development Coordinator ScibeUi come forward. as he had some questions. Mayor Bums said thal be wu pleased to see this before Council and it seems that we have a good contract here. He DOied 1bere leCIDI to be a tm year term on this and a development over that period of time for these sbclten IIICIIIS awfully long to him. He asked if be was misreading this. Mr. Scibelli advised that is a>mJCt, that the tam of the contract is for an inilial period of ten years with the option to renew for an additional five year period. The first phase of the insla1lalion of the transit bus shelters will be in the Tufts to Mansfidd an:a coming early in 2000 . There are eight sites proposed for ins1allation during the year 2000 and with the consuuc:tioa in the downtown and gateway area. amicipatcd for the summer and fall , we are not looking until the year 200 I to begin any shelters in the downtown an:a . He noted, with that said, he anticipates that the four per year in years two through eight. that be thinks we will accelerate that schedule . He explained that wu put in there. conservatively, to let the contractor know that that is the minimum expectation for shelter inslallation. Council Member Habenicht said she wasn 't clear. She asked if this contract means that they can put one or two of them in and then quit or do they have to have a cenain number of them installed along Broadway. In other words, she asked, are we going to get as many shelters as we want or are we going to end up , maybe getting one and then nobody else can put them in or anything like that She asked if we are protected that way with this. Mr. Scibelli said yes we are and the best way to respond to that question is to say that the objective of this contract is to provide exclusivity to Outdoor Promotions and the provision of transit bus shelters to the City of Englewood . We are purposely phasing the installation of the transit bus shelters, be said, because it is a process that requires us to coordinale with individual businesses to obtain pocket easements for the placement of these transit bus shelters once they are constructed. And, be noted, we want to do that in an orderly fashion. We don 't want to just give the conuactor the ability to put in all 38 of the transit bus shelters thal could be put in. throughout Englewood, all at once. Mr. Scibelli stated that we are purposely phasing it. we are doing it in the an:a for which we have construction drawings prepared, Tufts to Mansfield, and we will phase that over the next several years so that we can get it accomplished throughout the entire City . The existing benc:bcs, that are provided by another company, will be removed with the placement of each transit bus shelter. • I • • • Eagkwood City Couacil October Ill, 1999 Pace 11 .. ,, 0 - City Attorney Brotzman referred Council to Section S.4 of the contract and noted it requires the siting of ten transit bus shelters during the lint year. Council Member Grazulis asked Mr. Scibelli if they have asked the business owners. where these arc going to be placed in from of their business. if it is going to impede any of their , iewing from Broadway. like small car dcalcrships or things of that nature. Mr. Scibelli said yes . Ms. Grazulis asked if they have changed some of the siteS because of that. Mr. Scibelli said yes , actually they have . For example. he said. if you were to look at the car dealership, for example, at the comer of Oxford and South Broadway. Best Car Buys recently moved in there and that is a site that wc just put ironwork in this week . Ms . Grazulis said she waDled to compliment him on that and nocm it is really nice . Mr. Scibelli noted that shelter is right smack dab in frotll of thal car dealership rigbl now . It is going to be moved to the north. so that Is specifically addressing her question, it is not blocking the can, it will be to the end. a little easier for the buses to get in and out of also. Ms. Grazulis said Denver Motors. on the comer of Stanford and Broadwa y. has also expressed conccm. Mr. Scibelli advised that in some instances. where there is not adequate space . it will be combination of a kiosk and a bench. So . Ms . Grazulis said, you can kind of view through . Mr. Scibclli noted it is a smaller operation where tbcrc. physicall y. is not the space . So . Ms . Grazulis said. you have addressed that. that's good. COUNCD.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE A TRANSIT BUS SHELTER CONTRACT WITH OUTDOOR PROMOTIONS. Ayes: Council Members Gam:n. Habenicht Waggoner. Grazulis . Bums Nays : None Absent: Council Members Nabholz, Bradshaw Motion carried. 11 . Replar Apela (a) Approval of Ordinances on Finl Reading (i) Senior Planner Graham presented a rccomrnendalion from the Department of Neighborhood and Business Development to adopt a bill for an ordinance amending Englewood 's Comprcbcnsivc Plan to accommodate the regional Urban Growth Boundary described in Metro Vision 2020 . He advised this is a follow-up request from a resolution Council passed in Apnl of this year. The resolution was supporting Metro Vision 2020 Urban Growth Boundary. Mr. Graham explained that that is the general principal that the Denver metro area should be limited to a 700 square mile w'ban area and that new development should be ellaJW'lged to locate in existing wllaniud areas. The resolution got Englewood ten more points in a scoring system tllal is used to evaluate uansportation improvement projects. He advised that wc were contacted by the Regional Council of Governments that reviews the projects and asked if wc were interested in keeping our applications competitive. because some of the decisions were clOIC and if we were, then wc would go ahead and adopt an ordinance amending our Comprcbalsivc Plan to include the same language by ordinance and they would award the additional ten points for a toeal of twenty additional poitlls for supponing the Urban Growth Boundaly. So . Mr. Graham said, wc arc back bcR doing eacmially the same thing. but doing it by ordiJWJCC rather than by resolution . 1bc recommended ldioo tonigbt is approving just this language tllal includes voluntary Oexiblc strategics and CSlelllially to take advaDlagc af the inccntiw:I they arc offering, transponation improvement project money. He stated the fiscal impact this year was about S 1.4 millioo of applications that wc have submitted. and WC hope to keep thole competitive with this change. He 5lalcd that last year WC submitted approximately a SJ million application for Broadway improvements. which was awarded, so the amount of lralllportlllio dollars at lllake is quite substantial . Mr. Gnbam aid be would like to rad just the propoeed amendment for the record . It states that we Msupport the regional llnlegic growth plan for the six-aJUDty Denver metro area. Metro Vision 2020, • ) I • • • -. Ea&lewood City c-il Octoller II, 1999 P .. 12 i ·~· ., .. ~ ,,-. • • -' " inc:luding the Ulban Growth Boundaly, which encourages in-fill development and discourages urbanization beyond a designated 700 square mile area." The City Clert read the council bill by title : COUNCll. Bill NO . 63, IN11tODUCED BY COUNCll. MEMBER HABENICHT A Bll.L FOR AN ORDINANCE AMENDING 1lfE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO SUPPORT 1lfE REGIONAL URBAN GROWIH BOUNDARY DESCRIBED IN 1lfE METRO VISION 2020 PLAN . COUNCU. Ml:MJU:R HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (i) -COUNCD. aD.J.. NO. 6.1. Ayes : Council Members Garren. Habenicht, Waggoner. Grazulis, Bums Nays : None Absent : Council Members Nabbolz, Bradshaw Motion carried. Mayor Bums commented that the Ulban Growth Boundary and associated topics of growth and Sman Growth, are being taken up Friday at the Metro Mayor's Caucus meeting and the Governor is going to come for the first time and meet with us and talk about these issues . So, he noted, it ties in with what we are doing. (ii) Director Gryglewicz presented a m:ommendation from the Department of Financial Scrvm to adopt a bill for an ordinance approving the City of Englewood's Budget for the year 2000. He adviled that a Public: Hearing-beld on the year 2000 Budget on September 20, 1999 and City llaft' ud COUDCil bad a budget nmat on October I, 1999 and discussed the budget in cleplh. This budget. in ~ die Gencnl Fund. propolCI a S4.3 million fund balana: oo January 1 •. Total sources of funds • S32.3 millioa, tacal speadingclSJl .7 million for an ending tacal fund balanc:c of S4 .9 millioo in the General Fund, wbich is the IIIOll sipificant fund for the City, which is where most of our operations are funded . Council Member Wagoac:r asked iftbe requests made at the budget retrat were inc:orporaled into the budget figwa. Dinlclor Gryglewicz said yes. The City Clert read the council bill by title: COUNCll. Bill NO. S9, IN11t0DUCED BY MAYOR BURNS A Bll.L FOR AN ORDINANCE ADOPTING 1lfE BUDGET OF 1lfE CITY OF ENGLEWOOD , COLORADO, FOR 1lfE FISCAL YEAR 2000 . MAYOR aURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) - COUNCU. BD...L NO. 59. Ayes : Nays : Absent: Motion carried . Council Members Garren. Habenicht, Waggoner, Grazulis, Bums None Council Members Nabbolz, Bradshaw (iii) Director Gryglewicz presented a m:ommendation from the Department of Financial Servio:s to adopt a bill for an ordinance approprialing funds for Fiscal Year 2000 . He explained that this council bill allows the City to legally spend the money from the 2000 Budget. ~ . I· 0 - • • • .. • • - Eqlewood City C-U October 11, 1999 Pqell The City Clert read the aJUDCil bill by title : COUNCil.. BILL NO . 60, JNJRODUCED BY COUNCil.. MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 111E CITY OF ENGLEWOOD, COLORADO, IN 11IE FISCAL YEAR BEGINNING JANUARY I, 2000, AND ENDING DECEMBER 31, 2000, CONS1TIVJlNG WHAT IS 'IERMED TIIE ANNUAL APPROPRIATION BILL FOR TIIE FISCAL YEAR 2000 . COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii)· COUNCU. BDJ.. NO. 60. Ayes: Council Members Garrett, Habenicbl, Waggoner, Grazulis, Bums Nays : Nooe Absent: Council Members Nabholz, Bradshaw Motion carried. (iv) Director Gryg)ewicz presenled a recommendation from the Department of Financial Selvi<:a to adopt a bill for ID ordinance establishing the 1999 Mill Levy to be collected in the year 2000 . He 5lalcd Ibis is the mill levy for Ibis year, 1999, and oollected in the year 2000 . For the Genenl Openling Fund for the City it is 5.88 mills, the Ddlt Selvia: Fund is 1.175 mills. the mill levy is set for the Englewood Downtown Development Authority at 4.397 mills. He noted there is ID example on the back of the Council Communic:alioo showing whll a homeowner would pay for a $100,000 house. It shows that that homeowner would pay $68. 71 to the City . Council Member Waggoner llbd bow Ibis c::ompara to ... year's. Director Gryg)ewicz advised that the Genenl mill levy is the same and the mill levy for Ddlt Service bis decrased . Also, be noccd, the EDDA's mill levy is the same. So, Mr. Wagoacr aid, cme oftbem did decrcue, the ColDlllllnity Center Bond Fund. Mr. Gryg)ewicz said yes . The City Clert read the aJUDCil bill by title : COUNCil.. BILL NO. 58, INIRODUCED BY COUNCil.. MEMBER WAGGONER A BILL FOR AN ORDINANCE FIXING TIIE TAX LEVY IN MILLS UPON EACH DOLLAR OF TIIE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WJ1lUN TIIE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A MILL LEVY FOR TIIE ENGLEWOOD DOWNTOWN DEVELOPMENT Al.TilfORITY. COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) • COUNCU. BDJ.. NO. 51. In response to Mayor Bums, Director Gryg)ewicz stated that Ibis is not a tax inaease. Ayes: Nays : Allaeat: Council Members Gama. Habenicbl, Waggoner, Grazulis, Bums None Couacil Members Nabbo1z, Bllldsbaw (v) Buliaw Dc\d qi r 7 Coorclaaar Sc:ibelli praenced a RICOllllllelldaon from die Depar1W afNcipbarllaod ad.._~ dapm • to adopt a bill for an ordinlna: approving an r..pa ti~ widlPlaodMiddle Scbool bthe impViiCIDellC oftbe school's north playpauad. pal af die 5.ai en.dway Ac:7DI Plaa. He explaiaal tut Ibis ism illitialiw: that WU and ii a wope.Mi.c wida die l!llfllnood Sdloola. 'l1lis pn,jec:t UMllw:s iJ¥Viianent of the north lol oC the .. I • (') • • • Easkwood City c-il Octoller ll, 1999 ..... ,,,-. • • - .. flood Middle School. he said. by replacing the deteriorating six foot chain link fence, the planting of trees along the Broadway Corridor and the improvement of the deteriorating concmc wall. This has been let out for bids by the school. He advised that they expect to have the bids back within the next ten days and Council can sec within their packet there is an intergovemmcnlal agreement with the Englewood Schools for which they have allocaled $20,000 toward this project. Mr. Scibelli said if there arc any additional questions on this project he would be happy to answer them. Mayor Bums said he was just looking at the drawing and poinlcd out Broadway where the trees arc and DOied they son of tum the comer. He asked about the area that goes funhcr east on the approach to 285 off of Broadway tbcrc. Mr. Scibelli stated that the chain link fence on that 5lmch of the 285 down ramp is in good shape, so that is going to remain. He said be was advised by the ~rintendmt of bond construction for the schools, this wcct, that the school is going to have an add altcmaac to the bid that they ~ill pay for. to improve the concrctc that goes along that ramp. So it will be a nice clean finish all the way down the ramp and it will wrap around. Mayor Bums commcnled be is always under the impression that chain link fences at schools make them loot like ddenlion ccmers. He said be was wondering if there is anything that could be done with the fence itself along that length as well , even though it may be in good condition. Mayor Bums ~ he thought it was going to wrap around and go along the nonb pan there a little further than it appears to. Mr. Scibelli said it only takes money . Mayor Bums said he was pleased that they have this, that he has been pushing for this himself, that he made a contact with the school to get this started, because he really wants to do something with that intersection. But. perhaps there will be some more funds down the road to do a little bit more, as we go east bound tbcrc . Mayor Bums said be thinks this is a considerable improvement He coagrarulalCII Mr. Scibelli for helping ~ this togctbcr and working with the schools on it. Mr. Scibelli tblnkcd Mayor Bums. Mr. Scibclli said that perhaps a bcaer __. to bis previous question is that be docs believe that the politive visual impKt from Broadway and Hampden will be accomplished by just doing that wrap around tbat one -that runs papendiaalar. Ma practical matter, be said. when you take into aa:ount the irriplion ~ wbicb always arc kind of like big dollan, but you don't sec it until you stan watering the ll'Ca. And tbat. be pointed out, CODSWIICS a IOI of the budget. He said be thinks WC arc at the top of the limit in working with the schools, but it is going to be a good project. Council Member Habcnici. asked if that little piece of property ever used for anything. Mr. Scibelli said DOt in recent years, that previously it was a ballpark and it is unoccupied currently . He said at the very miniDD the school will ~ weed kill« mo the aacks in the asphalt there and improve the aesthetic appeaaancc of it and then ~ an oil coat over it. The Cily Clerk read the council bill by title: COUNCll. BILL NO. 62, INraODUCED BY COUNCll. MEMBER WAGGONER A Bill.. FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND 1HE ENGLEWOOD SCHOOL DISTIUCT, PERTAINING TO THE COOPERATIVE BEAlITIFICATION PROJECT ON 1HE NORTH Pl.A YGROUND AREA ALONG S0t.mf BROADWAY ON 1HE FLOOD MIDDLE SCHOOL PROPERTY . COUNCR. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCR. BILL NO. 62. Ayes : Couoci1 Members Garrc:u, Habenicht, Waggoner, Grazulis, Bums Nays: Nooe Absent : Couoci1 Members Nabbolz, Bradshaw ' ' • ., I . 0 • • • ·• .-. - l:aprwaod City Couacil Octoller II, 1999 Pqel!! Motion carried. (vi) Capilal Projects ManagCI" Kahm presented a rcconuncndation from the Department of Public Works 10 adopt a bill for an ordioaocc approving the vacation of a water and sewer cucmenl al CityCeotcr Englewood. M.lyor 8111111 COIIIIIICllled thal this is what Mr . Kahm talked about earlier. al the Study Session . Mr. Kahm said yes ii is. Mr. Kabm advillCld 1h11 we are reaching a point. as we attempt IO close the Wal-Man propcny. where the prospective purcbucr bas asked us IO clean up the title and. in this c:asc:. abandon and vacate utility cucmcnts dial are DO longer needed on the site . Mr. Kahm Slalal we have reached a point where the existing SIOml sewers have all been removed, sanitary lines have been flow-filled and the water line on Wal-Mart bas aim been flow-filled, so ii is time for us to go ahead and ,-aca1c those casements. He explained thal new easements for the new utilities will be added to the plat prior to its being recorded. The City Clerk read the council bill by title: COUNCIL Bill NO . 64, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTiiORIZING 11iE VACATION OF A PORTION OF AN EASEMENT AND 11iE ACCEPTANCE OF NEW lITILITY EASEMENTS LOCATED AT CITYCENTER ENGLEWOOD . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (¥i) -COUNCIL SILL NO. 64. Ayes : Council Membcn Gam:tt, Habenicht, Waggoner. Grazulis. Bums Nays : Nooe Absent Council Membcn Nabbolz. Bradshaw Motion carried. (b) Appro\-al ofOrdinana:s OD Second Reading There were DO items submitted for approval oo second reading. (c) Resolutions and Motioos (i) Senior Planner Graham presented a rccommendaaion from the Department of Neigbbomood and Business Development IO adopt a resolution amending Englewood 's Comprehensive Plan by inserting language pertaining 10 ttansponation and Santa Fe Corridor invesunents. He said the proposed Comprdlcnsive Plan amendment. which can be adopced by resolution, because ii is not being required by DRCOG. would propose to recognize, in our Comprcbcnsive Piao, the importance of the invcstmcnt in mass transit. the ligbl rail transit. and bow the City needs IO rcaliz.e a benefit from that transponation improvement and rccogniu that the land uses along the transit lines may need to be adjusted to realize that benefit. We have met with lbc Planning Commission, be said, beginning in August, and they are beginning 10 talk about the things mass ttansit may entail, especially near Slation sites, and talk about the land uses and poccmial ru.oning actions 1h11 would be coming forward . We feel, be Slaled. thal this language would support the decisions that lbc Planning Commission is going to have to make in the near future after the transit line is open. Essentially, be said. the policy bas been before Council before. Mr. Ragonctti bclpcd craft the languagc of this traDlpOl1alion policy and we beard it al Study Session, approllimalcly a month ago, with him . Mayor 8111111 said he was just going IO ask if Mr. Ragooctti had worked on this and be presumed be bad. • ) I • - • • • p .,.. . • I •, • - E•&lewood City Couacil October 11.1999 Pqe16 11le resolution was assigned a nwnber and read by title : RESOLUTION NO . 92, SERIES OF 1999 .. .. A RES0LU110N APPROVING AN AMENDMENT TO THE TRANSPORT A TJON SECTION OF THE ENGLEWOOD COMPREHENSIVE PLAN , TO ACKNOWLEDGE IMPACT OF IMPROVEMENTS TO THE SANTA FE DRIVE/SOU'Jlj PLATTE RIVER CORRIDOR AND THE DEVELOPMENT OF THE LIGIIT RAIL SYSn:M ON THE LAND USES AND THE TRANSPORTATION IN TIIJS SANT A FE CORRIDOR. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (1) • RESOLUTION NO. 91, SERIES OF 1999. Ayes : Council Membcn Ganat. Habenichl, Waggoner. Grazulis, Bums Nays: None Absent: Council Mcmbcn Nabholz, Bradshaw Motion carried . (ii) Business Development Coordinator Scibelli presented a recommendation from the Department of Neighborhood and Business Development to approve, by motion. a design contract for cnay pon mo11WDC11lalion. diSlrict signagc, and parks signagc as pan of the South Broadway Action Plan. Mayor Burns IIOled swJ recommends awarding the contract to Tacito Design. Mr. Scibelli staled 1h11 the objective of this proposal is to enhance Englewood 's community image and iclcnlity within the llldropolitan area. Really, be said, it is to improve the identity of Englewood to iDdividuals tnvcliog to and thruugb tbc City on our major commcrcial conidors, to create a linkage, an cablnced liokage. of the -design dcmcDts 1h11 WC have been looking at in our wort OD South Bmadwly , on Hampden Avenue and CityCcntcr Eoglewood, and bringing together common clements such as color, irollwort and the bislorical iclcnlity of tbc commllllity, as wc have seen in the identification of the Cbc:rrelyn di5lric:t. and recently the Brootridgc dillrict on the south cod ofBroadway, with identifying clements. Specific:a1Jy cnay porU. be said, It the oonb and south ponals of South Broadway, at the east and Mil ponals of Hampden Avenue and taking this common theme and applying it to diSlrict signagc in our four clil1ric:ts within Broadway . And then fioally bringing it out into the community, into our neigtibomoods. in the parts, the part facilities and looking at having commonality in the identification of all public facilities in Englewood. Mayor Bums said be secs that be bas the fiscal year 2001 and 2002 capital budgets for the cnay pons. He asked if 1h11 was right Mr. Scibelli said that was correct. Council Member Habenicht said she just wanted to clarify that this bas been worked on with all of the other dcpartmcolS. our PR department and all of that, so Cffl'ybody is aware of everything that is being done, that everything is being coordioat.ed. Mr. Scibelli said absolutely, 1h11 be waso 't sure if they wanted to hear from the Parks and Recreation Depanmeot, but they have worked very closely with Dave Lee, the Director of Open Space and Jerrell Black. coordinating this cffon. Mayor Bums opined that Ibis is very important and be is really happy to see Ibis coming before Council. He said it was more good wort and be offered his appreciation to Mr . Scibelli . Mr. Scibelli thanked him. Council Member Waggoner asked what the final figure on the contract was, if it was a not to exceed . Mr . Scibelli said yes, the final figure for each compoocot is $38,000 for the coay pon, $9,000 for the disttict signagc and not to exceed also, on the parks signagc, $14,500 . So, Mr. Waggoner said, we have a total of $61,SOO . • .. ' .. I • 0 J -- • • . --. E•&lewood City c-u October II, 1999 Pqel7 .. -,,-. • • - .. ' ... Council Member fflbenic:i. asked if this includes the banners. Mr. Scibelli said DO it does not. that the banners have already been desigped and the design CIOlllncl was previously approved by Council . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A DESIGN CONTRACT, IN TIIE AMOUNT OF 561,SOO, WITB TACITO DESIGN FOR ENTRY PORT MONUMENTATION, DISTRICT SIGNAGE, AND PARKS SIGNAGE AS PART OF THE SOUTH BROADWAY ACTION PLAN. Ayes : Council Members Gam:tt. Habenicht, Waggoner, Grazulis. Bums Nays : Nooe Ableat: Council Members Nabholz, Bradshaw Motion carried. 12 . <--al DilCllllioa (a) Mayor's Cboic:ie (i) Mayor Bums said. • be mentioned before al Sllldy Session. we did appear at a Tl'llllit Oriented Dcwlopmeat Scmiw. It -• the Colondo Boulevard and 1-25 location for the light rail saop . He DOied be. Julie Glazulis. Bob Simpa,n and Gary Scan were there for most of the mommg and it was very iJIUaling. Mayor Bums said that -arc: already incorporating a lot of the clements inlo our development. (ii) Mayor Bums 11-.1 be aamded the school board discussion and debate last 11wnday Di ... at Eapwood Hip Scboo1 and dlcy did ask the c:andidalcs about the City programs with the dlOOI clilllicl ad ---dley lllould be explllled or cbmpd « W~. Gmc:nlly, be noted. they got very FGd ...... ,._ ...... very politM ....... He adYiml they arc: very plcaled with the relllk!n+ip belw 1k City ad 1k ldlooll ad dley said. if anytlliag. they would like to expand those program. May« e.r. c -• rM ~ dill dlcy -very pl-s dill be aamded. so be thinks we got some goodwiU out aftllll He aid lie willled dllft--cilizem ll the debate.~. as there weren 't dill may. (iii) Mayor Bwns DOied tbll "Jbunday the Cbambcr of Coounercc is ba\'ing a luncbcoa 111d they will .._ a jWc:a:mlliou by the City Council candidates . (iv) Mayor Bums oommcnted that Council received in their packets a resolution pllSICld by the City of Littlccoa IUppClrliDg the bond i-on the southeast auridor, both the Rm proposal for Ii ... rail and the COOT pn,poal for more lanes . He proposed that -have an ordinanc:e in the same form that -would paerllC and pus Ibis evening and ask the City Attorney to put it in the same form. Mayor Bums DOied Ibis is the lall meeting. except for the nigbl before the election, that we can do this. so be would like to do have Council pass this if be could and be able to get some publicity . Council Member HabeDichl said she wanted to clarify 1h11 he was asking for a resolution . Mayor Bums said that was right. a raolution. Mayor Burns said he tbougbt dlcy bad indicaled a a,nsemus at Council's Study Session to go ahead and approve this. City Attorney Brottmall adYiml Council could appruve a IDOlion tonight. but they can't do a resolution tonight He said if they would like to do a mocion that says the same thing that would be all right MAYOR BURNS MOVED, AND IT WAS SECONDED, TBA T THE CITY COUNCIL OF THE CITY OF ENGLEWOOD SUPPORT STATE HnRENDUM A AND RTD BALLOT QUESTION 4A IN ORDER TO IMPLDUNT TIO: SOUTHEAST CORRIDOR MULTIMODAL ' • ' I· 0 .----------,-------------------.·-~----------------------- • I i • • ,, ',• Easkwuod City C-il Odeller II, 1999 ..... • , . • - TRANSPORT A 110N PROJECT AND TO HA VE A MOTION DRAWN ON THE SAME FORM AS THE LJT'l'Ll:TON RESOLUTION. Ayes : COUDCil Members Gam:tt, Habenicht, Waggoner, Grazulis. Bums Nays: None Absent : Council Members Nabbolz. Bradshaw Motion carried. (v) Mayor Bums said be would like to extend funhcr congratulations to the Waste Wala TR:allDCm Plant oa the EPA awards that were shown to Council earlier and be hoped a number of Council membcn aJUld appear at the awards ceremony. Those arc exccllem awards, he Slalcd. and they arc to be c:oagralUlaled. (b) Council Member's Choice (i) Council Member Gama: I . He said, becaulC two citizcm railCld the iSIUC of taking away the grandf'atbcring provision in the ordinance on group home facililies and also the son of subtle thral of litigation from the person, if we lffl'C to take ii out. that be would like the City Attorney to get Council something on that and put it in their packet. Jllll to get an idea of what is going on tbcrc. 2. He asked when Ncigtiborhood wl Business Development would be changing their name to Community Development. when would WC do that. City Attorney Broczman advised they had a meeting this lftemooa and they arc probably looking at the beginning of the year bringing several modifications to Council to clcla up the Code. Council will probably formally approve the change in January, be said . (ii) Council Member Grazulis : I. She said the coaaacton did a gR:lljob filling in some of the conc:n:tc back in the alley way just back there bel1lleCII Broadway wl Lincoln. Ms . Grazulis adviacd that IIOl only did they do a good job of inltalling it, but they did a good job of cleaning • wl she jllll wanted to congralUlatc them on that. 2 . She said that down on South Broadway where they put in the new fencing, that that looks really great. 3. She adviacd she recci'YCd a call from m·s Mocors, an aw, repair shop in the 4400 block of South Broadway. He informed her 1bll about two or three years ago be was promised some low lights in the alley to assist with the vandalism problem they were having and they ba'VC never been inslallcd and nobody ever contacted than. 4. She said, getting back to the IClllinar today. that tbcrc was one nocable quote "a little chaos in a TOD project is good. it adds flavor, like salt and pepper." Ms. Grazulis said she was going to be passing out salt wl pepper to cvayonc to remind them that a little chaos is good. that it adds a little flavor . 5. She said this llll 'Jbunday. al the CML program. she and Gary Sears attended, in the C'Vening, the prelCIUion by Tim who -the project director of the Pepsi Ccmcr. He said that delays were good. becaulC they bad their two year clday and it gives you a chance to step back and take a look, to reassess what is going oa and review it to make more gR:11 improvemcots and fabulous additions. Because. she noted. the Pqlli Cmacr is world rmowncd right now, even with the ones that will be opening next year, it will still rise above all of them. He tbougbt that the delays were a positi'VC. so be looked at it positively. she said. (iii) Council Member Waggoner: • 0 I . 0 • • Ea&kwood City C.-il Octoller 11, 1'99 Pqel9 , . . . . ... ~ ,,,-, . • • -' 1. He noted Council bad some resolutions in their packet for establisbmeat of salaries. Council Member Waggoner asked that the resolution c:srablisbing the annual salary for the City Manager be alligncd. number and read by title. The resolution -alligncd • number and read by title: RESOLUTION NO . 93, SERIES OF 1999 A RESOLUTION ESTABLISHING 1llE ANNUAL SALARY FOR 1llE CITY MANAGER COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RISOLUTION NO. '3, SERIES 01' I,,,. Ayes : Council Members Gama, Habenicbl, Waggoner, Grazulis, Bums Nays : None Absent: Council Members Nabbolz, Bradshaw Motion carried. Council Member Waggoner asked lbal the resolution establishing the annual salary for the City Attorney be alliped • number and read by title. The resolution was alligncd a llUlllber and read by title: RESOLUTION NO . 94, SERIES OF 1999 A RESOLUTION ESTABLISHING 1llE ANNUAL SALARY FOR 1llE CITY ATIORNEY. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RISOLUTION NO."• SERIES 01' 1"'. Ayes: Cowlcil Members Gama, Habeniclll, Waac,acr. Grazulis, Bums Nays : None Absent: Council Members Nabbolz, Bradshaw Motion carried. Council Member Wagoar:r asked that the resolution establishing the annual salary for the Municipal Judge be alligned. number and read by title . The resolution was alliped a number and read by title: RESOLUTION NO . 95, SERIES OF 1999 A RESOLUTION ESTABLISHING 1llE ANNUAL SALARY FOR 1llE MUNICIPAL JUDGE . COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RISOLUTION NO. 9!1, SERIES Ol' 1999. Ayes : Council Members Gama, Habenicht, Waggoner. Grazulis, Bums Nays : None Ablcnl: Council Members Nabllolz, Bradshaw Motion carried. 2. Council Member Waggoner advised, rqarding alley ligbts. lbal any area can have an alley ligbt or have ID alley light IUdlarmd, that all they bave to do is contact Public Service Company and have them • . .. ' ' ) I· 0 • -. En&tewood City c-il Octoller II. 1"9 Pqe20 •,. . . ~ --· • • - .. . . .. ... insrall it. Council Member Waggoner pointed out that it actually goes on their own electrical bill it is not paid for by the City. At least, be said, that bas been the past practice. Council Member Grazulis said okay, that be said be was promised it by somebody in the City and it bun 'I been inslallcd. Mr. Waggoner said be needs to a,nlaCl Public Service O>mpany OD bis own and they will iDllall the lights for him in the alley and be will pay for the inslallaliOIL He DOied there is some kind of formula they DIC, drpc:ocling OD the number of years ii takes to pay hick the light OD the annual fees . Ms . Grazulis 5l3led be was informed tbal since he was in one of lhose troubled areas thal it would be inslalled bccaule it would help the officers . So, she suggcsled, maybe somebody could look hick on lhll. City Manager Scars swal staff can double check that, but be DOICd, Mr. Waggoner is right. thal since it is DOl a City ligbl. especially if it is just off bis building. that be may end up paying for the imtallalion, but they pay for the bill over the life. But, he said. he will have Public Worts or Bob Simpson do some follow-up on that. (iv) Council Member Habenicht: 1. She said she UDderslands that there is an opening on the youth council and she asked if those appointments are made by Council . Council Member Grazulis asked if this was for Parks and Rccrealion . Ms. Habenicht said yes . The indication was that Council makes those appointments. Council Member Habenicht said she would like to nominate Kendra Grazulis for that opening. Council Member Ganett a>DIIIICmcd that Council usually does those in January and be asked if they do interims. Council Member Gnzulis Slaled that this bas been open and Jcndl Black bad specifically indicated that he would like to have it and lbe bad submitted her applicaljoa approximalcly six to eight weeks ago. Mayor Bums said be thought Council could do it anytime they want City AUomey Brotmian advised Council can do that. but be asked if Council would like to bring it next time • a formal resolution. then it is cloauncoted. Council Member Habeoidlt said dlll is fine . City Altoroey Broumao asked if that was the COlllleDSU5 of Council . Council indic:aled that -okay. 2 . She said she aacnded the Historical Society meeting and one of the things that came up was lhal she does not lhiDk the Historical Society bas any way of moving the archival things that they have into the new location, at the new CityCentcr. She asked if the City could include that move with everything else they are moving. bcc:ause they are moving everything else anyway . Ms. Habenicht asked if they need a motion for tbaL City Manager Scars asked if they could come hick to Council. He advised that Mike Flaherty has volWIICered to lead up our dl'orts in terms of the relocation. lo fact. be DOltd. there is a meeting tomorrow morning wbcrc we will go tbrougb and clccail the plans and bow the 111CM will happen. Mr. Scars opined that the timing is perfect for tbal. We will need to have a c:oatact with the Historical Society, but be DOied, we will stay in touch with Ms. Habenicht He said be didn't see any reason why we couldn't and we did set aside $250,000 for the move, so be thought we could accommodate that along with everything else we are doing. 3. She said she UDderslands there will be a leaa forthcoming requesting the City to follow through on the meeting the Historical Society bad with staff and they will asking for support with a facilitator to do their long term planning. She said she thought that would be coming SOOD . City Manager Scars said be tbougbl we bad beard about that, that there was Rally DOChiDg we need to say OD that tonight. umil we get the leucr and then we will bring it hick to Council. ' ., . • ) I· 0 - • • ~CityC..U Odllla' II, I"' PIIF21 .. • • •• .. .. ., City MlaF' Seas apiMll tllll we 1R bcgilllllilg ID pt tllll lmdcr CIClllllol, tbat lbc Historical Society is heai . .. ... :,ow leadmllip. ID llkc lllil iD I dinc:lioa. ... -CID begin to acmmmodate and we CID w dlil ID die Dal level. lie Mbd if'tllll w llcr _.......,. Ml. Hallellicllt said yes. 13 . (a) Cily Maap S.. llid llejaa .....a ID ay 111111b to die CoaDcil, 11111 it lal boca a llnlllle far die ... maple ol,-s. ballledillbwe aR ....._ prosna aadlleappNCiaes Coaacil's aeft.,,,. e He aid lie ......... ID.., 111111b ID die l)epaW l>inall'I wllo -back dlCle IIDll•blea. a-=11 ..... blea, a we llawe a lat oldlillp FiDI ca. Mr. S-. IIIIDII Frmlt GlyslnicZ ... dlae I .... jall. die ...... ad Ila JCaa ii dDiaa I .. jall CNl die COIIIIIUCtion J s He laid it ii_._ .... ii PIii • ow:r dlCle with al die iDdmdual iaa. He llaSed Bab Siaiplla ildDiaa I .. jall ad ...... oldie dlillp Oil die A,-11 taaipl dlll wae all lbc pn,jec:11 lie ii WWU11 ca. 11ape1111y we ca 111i111 lllil all..,._. IUpl -. 11e IIOlld. wi1b Mike Jllalleny, we llawe a.--. Mr. Seas : 1 111111 we an: pallilla lllpdlel' a wllolc buDcb or ~-. So. lie llid, dllllb ID ..rad dllllb far die,,_...,,,. e of Coaacil. Maya, Bini llid eo-:iljoia City~ Seas iD lllalkias ... He 811111d -,r1111 really done ,-wwt iDdle laa --1 ...._ amrpnljec:U. He aid it ii.-ID-. 14. City Maney'• lleplr1 City Aaar.y BIUIZmm did aat lm'C ay ..... ID 1llills bdole c.o..:il. 15. M,lea r,~--.. --·····-v~ ·,,_ . .. . , I I . 0 32X • • .. • .. ... - ... PUBLIC COMMENT ROSTER AGENDA ITEll 7 NON-SCHEDULED VISITORS NOVEMBER 1, 1• NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM Of FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT ~ >h k, s--rc.< SOMdve: ;Do htn ;fo(Y 08 £6,er C;,o,, \ (; g,\£e)/ CCS1GN1 l•i CM10:i t {0,i.-'J fj ro k p '1 o ,,,, s @w:G:>t1av~ C ,4',,2 ~ CqmMJli, \ 7 C pv _... -- / [' (}?fl If} ti n · 1.J ti ,f r-e--s ., .. '· ... I· 0 . ] f • • • I 1/1/99 .. ~ --· • ,. •, . • -.. Community Carr Foundation -R. T.C. 35 3 I South Corona Street Englewo od , Colorado 80 I JO (30,) 781-1690 To: The Englewood City Council re: Response t,, "Citizen's Report " dated !O!JIJ/fJ9 Good Evening; .. We a re providing a response to the fiftee n page d ocumell/ /appa remlyfrom Dmrn /)al'ls / and thirty seven page Se ction of "Exhibits " as c ited above. A t the start. it is nota ble tha t these materials are clearly a random. not time relevam selection of materia ls wi th one clear inte/11 011 the part of the writer : to pro ve Community Care RTC a s an unfit member of the local community of the 3500 block of S. Corona. A t minimum the ell/ and paste nature of these materials can be seen a s misleading and i11j1ammatory. and at worst and most damaging. perhaps d efamatory against our Colorado Non Profit Tr eatmem Cem er. The se materials were prOl·ided exclus fr e/y to Th e City Council, by Da wn Dm ·is. in the last Public Hearing of JO '/8 99. We comim,e to question good faith in all of the a cti on s by Dawn Davis as a reported represemative of the Community, wh en 011/y herse lf and one other individual appeared in these efforts at a mee ting facilitated by E.P.D. ·s Impact Team a11d Community Relatiom Officer 011 9 17 99, 9 2 I 99, and IO 9 99 held specifically to review community concerns a s repeatedly represented by M s .. Da vis. In fact , our Management and teams hm,e spelll l 11ch a significam amo um of time 011 these comm1111ity 'iSlues ' that 10 our o wn credit, we have had 110 sig nificant reports or issues develop si11ee the comple tely unexpected evem s of 9 8 99. We would prefer to be spending time more appropriately in the treatmem of our y outhful c/iem s, then d ef ending inaccuracies, fear a11d hearsay. Th ere have reportedly been seven critical incidents presemed to The City Council 011 9 7 '9 9 regarding CCF youth, each of these reports remain 1msubsta11tiated today a ccording to E PD and CCF records. We have recommended 10 community ne ighbors that they make calls to EPD when any such e ,•em occurs so that all parties can confirm their accuracy and proceed with correct responses . Therefore, we are providing this review of inaccuracies portrayed in the cited documents: Page I , Exhibit A-2 [Written /11}: There are two distinc t medical operations within the same street boundaries of the 3500 block : Den(al and other Offices, and li11care S upply ' . ' .... ,, ~ . ' I • 0 • • .. • --· • •· .. .. .. • -' ... Page 2, Exhibit A--1 and Exhibit C {Written Inf: Th e Exhibit A--1 came at the time of Licensing. N egotiations with £HS were el/lered upon in goodfaith since tha t time. It was jointly agreed by the Dis trict and CCF that du e to £H S im em a l restrictive p rocedures limiting 011 campus participation by s r11de11ts living ill R es1d,mtia l Care. tha t o ur cliem s were best served by o ur On Gro unds school providmg opportunities for G .E.D. completion. Community Care tried ma ny mee ting s owr the firs t two years here with £HS s taff. and like a majority of the o ther C o lorado Residemial Trea tm ellf Ce m ers , reli es 011 our more heQ\•ily staffed Licen sed O n G ro 1111ds Sc hvol. In addition the write r incorrectly s tates the numbers of youth placed elsewhere in puhlic settings or colleg es pos t secondary en vironmem s. We have been m ore then s uccessful in this arena. Page 2. Exhibit A-5 and Exhibit D -1 f Commellls Written /11/: As s tated in numerous Public a11d Govemmelllal R eports , a majority of all youth in the Colorado Care sy stem s have be en at one time or another within the confines of a short term or longer de telllion s tay . Thi s blanket evaluation of statements ag ain made at the time of licen sing ve rsus the past f ew weeks is misleading, and no t helpful to the cooperati ve s ta nce Community Care has taken to o ur neighbors, and Th e City in the wee ks since Press wa s made by Dawn. Page 3, Exhibit A-8 through Exhibit G / Commelll s Written /11 Bo ld]: Th is again m is- represem s our c urrelll status. As per the Colorado J111 •enile and C h ildren ·s C odes. we are caring for y outh who remain in the custody of one or more State Agencies, past their !8'" birthday, as deemed needed by that Agency or o ther officia ls . The reference to commellls in A-9 by Dr. Bnmo made at the lime of Lice ns ing did no t reflec t numerous changes in the el'Oluation and assessmem of all youth w11hi11 the custody of the State and Counties. The se demands have been wide ly reported 011 in S ta te and National Press, and have bee11 the s ubject ofGovem or Owen ·s Commission 0 11 Children , currelll/y preparing their fi11al recomme11datio11.5 011 these matters. Page 3, Exhibit A-JO through Exhibit A-13 / Commel/l s Written /11 Bold]: fjhihit A -JO: To date, there are no £P D rep orts f or broke11 wi11dows or damaged cars . expect to o ur knowledge to those vehicles on f ew occa s ions of the s taff and a ssociates of our program . Under mies put i11 place s ince 9 8 199, there are seldom gam es in the from road Corona S tree t, most 110w occurri11g on o ur property or in local parks . We have had 011 staff part time Rec. and A rt therapis ts for years, and any al/usio11 to smoking bei11g o ur only a cti vity is a clear misrepreselllatio n of e ve 11ts at the R TC. Exhibit A -1 3: No tickets or other E P D reports have been filed in this arena. We have made exte11 sii'e efforts to limit u se of the opposite side qf Corona S tree t, and hQ\'e ·-,-~------- ' . ., ' ' .. ' ' ) I • 0 32 ( I , • • • • ~ • ... .. .. ., • • .. Exhibit A-13: f co11ti11ued f frequemly m oved cars 011 request. We have doubled up o ur parki11g i11 our back area to minimi:e impac ts 011 public parki11g 011 Corona. which is accessible to al/ 11eighbors. Page 3, Exhibit A-/.1 f Commellls Writte11111 Bold}: Withi11 the co11fi11e s of working withi11 the £11glewood comm1111ity. our e11l'iro11me111 is a s 11ormali:ed a s is possible. Please review commem s above 011 £11glewood High Sch ool. Page -I, Exhibit A-16 through Exhibit A-9, D-2 / Comme m s Written In Bold}: These refere11 ces appear to be take11 from the original lice11 si11g process. The se co11 cerns are acceptable and are addressed treatme lll iss11es for youth re i111egrati11gfrom m o re restric tive reside111ial settings. This is the mission of our agen cy a11d -16 others like ir i11 Colorado, a s approved and s11pported by State a11d Federal mandate s. Agai11, upo n review of all is~1,es cited by Dawn Davis since 9 8 99, we hm·e made sig11!fica111 ch a nges. which hal'e been supported by all community represellla th'e s. i11c/11di11g Ms. Dal'/~. Page 5 , Exhibit A-22 / Commellls Written 111 Bold}: This s tatem elll is untrue. O ur Managemelll me t with various individuals and comm11nity represelllatil'es, inc/udrng weekly visits from £PD Impact, regarding the needs of the 11e ighbo rhood. Within th t! last three years NO represelllatives of The Dm,is Group attended 01(}' of these meeti11g s or voiced concerns directly to us by phone or in person. Th e Da vis group admiuedly IHl!d the press to gather support for a large r agenda: removing our program . Page 5. Exhibit A-23 / Comments Writ/en /11 Bold}: It has been clearly d ocume111ed by £PD that in the last three years of operation the majority of calls from CCF to £PD consisted of Child Welfare Runaway Reports, a s req11ired by State Agencies. As mandated by The Children's C ode, the se calls were initiated by CCF staff in p erfo rm111g daily S11pervisory a cti vities. In fact it is unlawful for these t ypes of Programs to restric t and retain individual youth , in any manner comparable to an inpatient facilit y or hospita l Funhennore, the number of reponed youth runaways in a City such as Englewood would more appropriately be the comparison to these figures . Page 5 , Exhibit A-25 / Commellls Writte11 /11 Bold}: As s tated is true of a11y youth in o ur socie ty moving about within the limits of c urfew. Since 9 8 99 we hal'e changed this policy to s 11pport the Community G roups concerns . The document from Dawn Davis continues »ith further inacc11rades and comparisons. It is clear based 11pon 011r r~iew of the cu"ent sit11ation, that 011r efforts have met the needs of all interested and active comm11nity members. Further hearsa)• repordng can 01tly be seen in that light. Community Care has regularly supported EPD actions to enforce local 1--s, and has told the concerned group to file such reports since 91&119, and historicallJ' as needed. We look fon,vud to friendl,1 • and open discussions of the needs of our neighbors in coming months and )'ears. t?!:fJ. / ... ID.S., .... M.H.~ ~.._~,...:c..l-in-ical_..._,Direcror • ., " I • 0 ·]- • • • City Council Members City of Englewood 3615 South Elati Street Englewood, CO 80110 Dear Council Members: • • •• 4630 S . Akron Street Englewood, CO 80111 November I , 1999 .. ... My letter addresses the issue of group homes in the City of Englewood. They are a vitally important pan of the life of the city and should not be excluded from residential neighborhoods. My son, Derik Dohm, lived at Conununity Care on S. Corona for over a year ending this August. He benefited tremendously from the program there, which addresses kids· medical as well as behavioral problems . The caring, knowledge, experience and dedication of the staff make the program work. The smaU-scale residential setting in a real neighborhood makes it possible for them to work the program. Conununity Care is a home away from home, not an institution. It is impossible to achieve the feeling of a home away from a residential neighborhood . The alternative is an institution, which is usually cold and impersonal. Community Care is a valuable resource for the Englewood conununity. It houses children whose families live in the south Denver metropolitan area, including Englewood. Families can visit regularly and maintain contact with the child. It also helps the Englewood economy with its purchases and payroll. And last but not least, Conununity Care is about the future of our at-risk youth. These young people need our help to become responsible, productive citizens. Ifwe do not afford them that help, such as Conununity Care offers, we risk losing them, at a much higher price to society. Being able to live in a neighborhood setting is an important part of that help . Respectfully, Sandra Callaway Dohm . ' ' 7 ) I . 0 32X • .. • ' .. .. • -.. ... ., I'm here to represent the families who have loved ones in Community Care . Many of these handicapped people cannot speak for themselves. Community Care is a group home where our loved ones receive the additional structure, care, medical supervision and treatment that allows them to learn to function and cope appropriately in society. Our families are members of a minority that need your understanding and compassion . Discrimination of people with mental emotional and physical disabilities is the same as discrimination due to race , sexual preference or religious beliefs . This has been addressed by Supreme Court decisions that made discrimination illegal . To discriminate against people with documented disabilities violates their Civil Rights . Most of our families are middle class; we care for our families as you care for your families . We have one thing you don 't have -members with profound mental or emotional disabilities and the devastating effects on our families. Diagnosing and documenting emotional , mental disabilitie s is a long excruciating process . Our family members are not anti-social. Our children 's problems are not the product of poverty, inner-city rage or gang mentality but the result of genetic and physiological diseases that can be treated and in some cases controlled either by drugs or counseling . Rehabilitation for our loved ones means allowing them the time and space to develop the ability to care for themselves . I'm not talking about a drug and alcohol rehab center or housing for early parolees . Our family members at Community Care Group Home are each diagnosed and fully documented with mental or emotional diseases . Many of you here tonight have needed to arrange for the care of someone in your family . Is seeking out the very best residential facility for a parent with Alzheimer's , Parkinson 's or a stroke abdicating your I· 0 - • • • l; . ,,. _ .. _ ... ··,. .. • •• .. responsibility to care for them yourself? NO! It is no more or less than what we are doing by seeking out the trained professionals and safe environment where our loved ones can learn to be productive, responsible, participating members of society . Since parents are not experts in all areas we send our children off to schools staffed by professionals. This we do to provide the best possible future for those we love . To continue the education of our special needs family members Community Care provides the unique combinations of professional staff for medical care, therapy and a caring environment found no where else in the state . No one complains if a Senior Center is put in his or her neighborhood . The seniors (your parents, grandparents and mine ~) come together for socialization, human contact with others of like interests and needs . The have empathy for each other's problems , encourage and support each other and in that way continue to grow as human beings . Our family members come together, under the guidance of trained professionals, for the same reasons . Often ostracized by non- handicapped peers they empathize, encourage, support and grow together . And just as importantly celebrate the victories! There are no perfect situations but in the good, better and best that is currently offered Group homes for the mentally emotionally handicapped is the best. There are no alternatives that even fit in the "good" category for our loved ones . They will never learn to work and compete in society in State institutions roaming the hallways and sitting in isolation. Have any of you collected statistics on crimes by those living group homes Vs those on the street? If Community Care did not exist some of our loved ones would '· . ', .. I . 0 - 1 ... • • • •• .. ... be on the streets, uncared for and possibly victims of the true criminals that exist in our society . This ordinance will not address the issue of where the problems are originating . It is the cruelest kind of prejudice to say that it happened in one type of group home therefore that all residential facilities are condemned . Look to the places where your concerns have arisen . Don't discriminate against the handicapped thereby violating the laws of our land . Look at our families and loved ones as individuals . Not as mere statistics but as fathers, mothers, sons, daughters , brothers and sisters suffering the profound affects of the worst kind of disability . Thank you for your time . I hope you will consider carefully the impact your decisions could make on the lives of these special people . Gail Silberhorn November I , 1999 . .... "· . .. .. .. • J ' . I . 0 32X - \ ( ... • . . ~ .. • •• ... November I , 1999 To Members of the City Council for the City of Englewood: It is my belief and the belief of all of the surrounding communities that the two young killers of the students at Columbine High School could have been helped if someone in the conununity had recognized that they were troubled, alone in their fight with depression. and shunned by their peers. As a community, we have an obligation to our youth as well as to all members of our community who are in need to provide suppon and services that "'ill enable them to become contributing members of our society. I live in southwest Littleton and there are a lot of teens in our area who are undesirable. They walk the streets at night unsupervised. They break in to houses and when caught their parents say "kids will be kids'' and make a lot of excuses for their behaviors. A lot of these kids are unsupervised and get into a lot of trouble, play loud music , destroy conununity property and thcrcfurc cause a lot of fear among residents. This happens every day in just about every part of town. We are not allowed to say who can live in our subdivisions. Do we move or ask that these undesirable teenagers in our subdivisions be removed? Not usually. My daughter suffers from severe depression and we have been unable to keep her safe at home. She was placed at Conununity Care so that she would receive round-the-clock care for her depression. She has a home to come home to when she is well and a support system as well . A lot of the kids at Community Care have no home to go to or a support system. Community Care provides that structure for them. Here they are supervised 24 hours a day. They need to learn to live in the community. To shun them and say they can't live in a certain area is turning your backs on the youth of tomorrow. Would you rather have them running the streets unsupervised and untreated or in a facility that can teach them, guide them and help them to learn what it takes to be a part of community. '· . '<.· .. ... I • 0 32 I. ' ( • .. ~ ----• ,~.Ila. .. .. • • " ... ~ A few months ago, there were several residents at Community Care who were trouble makers. After the neighbors complained about several incidents that had occurred. Kerry Golden, the clinical director, took the necessary steps to try and meet the needs of the surrounding community. He has implemented many new rules for the residents and continues to be open to any suggestions or recommendations that the neighbors may ha\'e . I believe the kids here as well as the staff have been very agreeable to the changes that have been made. Community Care is not a group home . It is a residential treatment facility for helping mentally unstable children just like the other medical facilities in the area are helping other ill people. Many therapeutic programs take place her.-. Individual. group and multi-famil y therapy sessions occur many times per week by psychiatrists and social workers. An on- site school teaches students in a group setting as well as individual teaching for students who do not function well in a classroom. Physical activity groups meet weekly and trips to other athletic facilities occur as well . A registered nurse is on site to monitor the medications and to offer medical assistance when a child is ill. The children learn to cook , clean, shop, do their own laundry and run a household . They learn to get along \\'ith others, to negotiate, make compromises and build relationships . They learn ways of keeping themselves and others safe . They learn to trust adults as well as their peers. The staff also equips them with the skills needed to apply for employment. Some are already working successfully in the community and some are even attending college. Many have graduated from this program and are working or going to school. A lot of children have been reunited with their families . A few have not been so lucky and are now back in jail or in other more restricted facilities . To remove these kids and this facility from the area is taking away their home . It also sends a very negative message that the community is not supportive of the needs of our youth today. We are always trying to place the blame of a kid gone astray on someone else ·but it is you, me, neighbors, friends and the community who need to support them. These are not BAD kids nor do I believe that they are dangerous. These are kids who did . .. ' . . ' I • 0 32 - • • .. ,. _. • ' I• \ .. .. " • • .. ' .. not fit the mold of the Standard American Kid for whatever reason ... divorce, abuse , neglect or mental illness . Please do not tum your back on these youth and the people who have committed their life 's work to helping them. Work with them and help to show them that you can support them but that they in tum have to learn to respect and take care of your community. You can make them accountable but I don't believe you can hand pick your neighbors . I kn ow I can't. But ... you can expect them to respect you and your property. In closing, I ask that you please allow Community Care Foundation to continue their work with these kids in their present facilit y. The owners of the facility have worked hard to make the units aesthetically pleasing, the exteriors have been repaired and painted, the grounds have been cleaned up and interior remodeling is ongoing . In fact. this facility stands out in the neighborhood as one that is well kept with fresh paint and a groomed yard. There are a lot of homes in this neighborhood that can 't make that claim as they are in need of painting, repairs and general cleanup. Also , the kids go to work, attend college and panicipate in community programs all in thi s area . Community Care has acknowledged their shortcomings and complaints from the neighbors and worked extremely hard and quite successfully to make the changes necessary to be allowed to stay in this neighborhood. Please work with our youth, don 't shut them out. To help them is to possibly save not only their life but live s of others . Don't let more tragedy strike. Reach out and care, make a difference in a kid 's life . Thank you for your time and consideration~ Susan S. Behm 7716 Gold Dust Peak Littleton, CO 80127 ' . \ _, .. • I . I • 0 32X . ]- • • t • --• ,.. .... .. ·~ • -.. ... .., October 30, 1999 To Whom It May Concern : Our famil y is currently receiving treatment at the Communit y Care Foundation for our so n. Christopher's mental illness . Community Care is al so helpin g us to learn how to h e as a "famil y", when a member suffers from mental illnes s We ha ve been through man y programs in the pa st several ye ars t o find the best po ssib le treatm e nt for our son 's mental illness, and we feel that we have found the best at Communit y Care . (W hat make s Community Care 's program so helpfi.i l?) We feel th at the cari ng attitud e th at is so prevalent among the staff members is the difference The staff members ha ve taken a ge nuin e interest in our family as a unit , and have helped my son feel that we are a t ea m that will help him however we can to deal with issues . Community Care is the only famil y that man y oft he kids in the program ha ve The staff does an incredible job in making those kid s feel like pan of a family , and teaches them how to fi.inction a responsible members of the communit y. My son is fonunate to have an immediate family t o suppon him when living with a mental illne ss, but some of the kid s do not . The staff truly goes the extra mile to help those kids develop their missing relationships. to tru t people once more , and to li ve safel y in the community . We ha ve seen some tremendou strid e made by some of the residents in the shon time we have been in the program , and we feel th at it i a result of the staff's willingness to get in vol ved . We ha ve come a long way as a family , and we continue to work to achieve our goal My son is now safely living at home, and before Community Care we were not sure that he \\Ould ever li\·c safely in our home again . The staff at Community Care ha s truly to uched our li ves . and th ey are a group of people that we hold very close to our hean s. Our wish is that Community Care can continue to help families like ours, and continue to teach the resid ents ho w to beco me a responsible member of our society . Jon and Gail Gaffney '· . ., ,. .. . ' r'' I • 0 3 ,----------=-----------------~·-.·------------------- ' t • • .. • • October 31 , 1999 To whom it may concern : Community Care of Englewood has helped many young adults to overcome life threatening problems . This letter is a statement of one example of this help for our son . Joshua R. Kester is alive . free , and a contributing member of society today only because of the treatment he received at Community Care . Joshua suffers from obsessive compulsive disorder, paranoia . bipolar. and schizophrenia . Years of individual and family therapy , many hospitalizations along with drug treatments were not successful in controlling his behavior and keeping him out of jail. Not unt il he was placed in Community Care was he able to reverse this downward sp iral. The placement began in December of 1997. The dedicated staff headed by Kerry Golden persevered through the difficult task of helping Joshua to take charge of his life again . Joshua learned the basic goals of safety , trust , and developing relationships . This process is not a qu ick fix and it does not follow a linear path . Joshua would improve and then regress . It just takes time . But it also takes the right environment. Community Care is not a boarding school that prepares students for life after graduation . Community Care residents are given the tools to be a part of society because they are in it. This treatment philosophy works and our son is an excellent example . Joshua moved out of the Community Care facility in July 1998 . He continued to benefit from a range of interactions from therapy to social interactions. He began and still holds a full time job at the Meridian retirement center. Joshua continued to make progress and officially terminated treatment in August of 1999 . He still attends the bi-weekly family meetings at Community Care . This community based treatment facility was a success for our son . When home-based and other state and private facilities failed Community Care succeeded and returned our son to us and to the larger community . Sincerely , ~::usie ::~t:r ~ ... (,4 ~~~ Buffalo Park Rd Evergreen , CO 80439 ,, , . I • 0 I .] \ • • r • ··-' Oc t·U·U 16:1& F rOll-lotO I A OIi£ 29 October 1999 To 'Whom It May Concern: .. ~-· • • - •mmma dohn ~. Cunni119ham 10;9; ~own .2:Jr. £ver9ren, CO 10419 .. ... r-m P 01101 F-m This letter is a personal testimonial to the value and importance of the Community Care Foundation, an adolescent Residen tial Treatment Center, to their residents and to the community as a whole . My teenage daughter is currently a resident at Community Cart, located at 3527 Corona in Englewood, Colorado . A law -abidmg youlh and sometimes honor student, she nevenhc:less experienced issues surrowiding her personal safety and her ability to function in a traditional high school environment. Following se\·eral bnefhospiwizations and a period of time at a locked treatment facility, my daughter, her parents, her doctors and social workers all agreed that it would be in her best interests to be placed in a )css [CSJrictiye setting where she could develop skills to integrate into the larger community. Since beginning residency at Commllllity Care a year ago. she has recei ved care , guidance, education and medical a55istance that would have been impossible for her family, teac~ and friends collectively to provide. The location oftM residence, near bus routes and medical care, has been valuable in positioning her for independence . Under the watchful and caring supervision of the professional start: and v.ith the loving support of her peers, she has secured appropriate medical treatment for previously UDdiqnoscd ailments, she has earned a general equivalency diploma (G.E .D .) and she is now anending Arapahoe Community Collei;e. With the help and resourcefulness of Community Care and their contact5, she 1s preparing a plan to seek employment and begin living on her own. Community Care has a solid track record for turning around adolescents by helping them to discover their self-esteem, by teaching them practical living skills, by demonstrating !he value ofrelatiomhips, and by assisting them to become contributors to their families and to society . Fac1h11es such as Community Care's are an asset, not just to the residents and their families, but 10 the community overall. They are cvcry bit as important to all of us as are schools, libraries, fire stations and hospitals . SAR~// 1rcuruun~ ,. .. I • o l - • • t .. • • .. • - ... ., \01' ·Ol' 991~10\I 09 42 g GI \EERI\G 205 TEL :j0j 9·· 68 26 • November 1, 1999 Community Care Foundation Attn . Kerry L. Golden 950 E. Harvard Avenue Suite 280 Denver, Co . 80210 Dear Kerry : Robert D. Williams Jr. Shevaun R. Williams 16706 E Crestline Place Aurora. Co . 80015·4007 303·680-4082 We.,. writing lhis laa8r ID 8lq)l8SS our gl3lilude tor lhe posilill'e l'IIUlS -haw seen r, ou r son James. as well as our family . Through your program, !hat has balance individual and family counseling along with coordinated med1cal supeMsion of our son, we have achieved noticeable improvement that has not been achieved in other facilities or programs . The &ignilicant positive differences that your program and facllrly offers are : • The corrmittad dedication crl your staff to make a difference In the kids lives . • Your central location that allow& for our , and other parents, frequent participation in your program. • The availllbilily of top quality ffl8lical superviSion in a cormunity setting Instead o1 a tto&pllal. • Your community setting haS allowed our aon to deal wlth real world issues necessary for him to succeufully transition back into our home that would have been more diffioult ,n a dffllfw1C ..alng. • Tha ability of your program to facilitate the kids in finding erTl)loyment in the sumxrding corrmunity while still raking at your facility and continuing nea,ssary treatment end education . We feel that you are providing a critical S8M08 to Iha families and kids fortunate ID be a pert cf the Community Care program . We are sure that, in 1he future, many other families will achieve 1'18 ..,. poailive benefit lhllt Mt have expeiiencad.. We look forward lo aintinu lng James·s transition program with you and your staff, and are committed to will do anything in our power to assure that the positive changes are long lasting and available to others . ., ,. .. ', P 001/00 1 I • 0 32 - • • .. ,. ..-. • ~~.' . • • J l /OJ /19S9 10 :0 2 303.J 219.J 8 1 • October 30 . 1999 To Whom It May Concern . My name is Charmaine Duke and I &Ill & single parent of a now 17-year-old-boy named Aaron Duke . I have been asked lo write this letter expressing my thought& and to tell of my C1'periences with Communit y Cares Facility . I would first like lo ~ve a short histof"'I' of how we ~me to Community Care~ A5 I IIIClllioaal I ba-ve a 1011. AlrOQ. wbo bu no pbylical lips of ,cmdalion cx-abno, mal deformations. However, al an early qe he showed signs of hyperactivity and pve his teachen Ill school many 1t1euful days. We have always been to docto1s and psychiatrislS lklelinH help to a problem we could not put our finger on He was labeled Attention Deficit Di10rdcr. a ciia,jnoses that many children 1Keive today . He wa.s medicated and seemed line for a shon time . Al the aj!e of 14, hi1 beba~ior asain worsened and he found himself in trouble with the law for smokifl8 lllillijuana. Hii life quickly snowballed from lhere He was suspended from school and had ajuverule charge Life must have looked preny hopeless to him beQUH that was the first time he attempted suicide «e wu hospitalized at West Pines Hospital and this turned out to be the first of many bo5p~111. They upped bi5 dia@IIOICi tu Bipolaa Dilorcler or Manic Deprenant. Aaron wa.s apin l)UI on medication and sent off lo cope with life As we know. societv i:. not thal for~vi~. His repu&a&ioal proceeded bim llld.no maner where we moved lo Lry for a new itan Aaron could not ncape his history or move on with his oew d~noses. Aaron apin turned to drug5 • a way "' coc,e and the eycle of problelll5 e113ulfed him The rwmbcr of hospitals we attended and the lfWPI he joined are irrelevant, they all wcie lhe same in that fact they mcclM;aled bim. 1.ept him llnder surveillance and then sent him out &(lain lo fail That is until he wu accepted into Community Cill'n Thi~ i~ the firllil Pf0f9'1111 we raliDd .W,eued thc true problans rather lhan medicated his 1ymplom1 The whole fOWI of the PfOlll'am is lo teach the children wilh slipl mental illnCUD how to cope in the world. ~ problem with nlOlt of these children is the :v lacl. or missed leamif18 buic aurvival skills because they were eilher hospitalized or simple i8norcd. CQIMlllnity Cara si~ thae children the cham:e io live on their own. but not until they have learned how to do IO. This protcram's main basis is independence with l'Uidc:lincs The cbildren have thc alwiiy to live as normal human bein&5. ~I the~ is a full -time medical staff and 24-hour counseling iflirnes get 100 tough . This program also talr.c511ie Lime u:, teadl the dailclrea llkil1' lbcv ~from hgw to ~k a meal lo how lo bi11l1nce a checkbook to huw to be a useful ~ uf 110Cie1y They give children who have bNn"" out• wonhlcu by the Kliool ~il.li a~ to pt the GEDs ud to ~o on to either a trade achool or community college and beyond The basic function of.this Pl'Ql!r&m i1 a fK:ibtv t.ba& tH111ai&j,ga,s a child wbG bu.only kauw in.Cilutiga. &o a IIQCiely that they can and want to actively be a part of. • ., I • 0 - '< • ... • • • • ... ,. 11 /0 /1999 10 :02 3034 219481 ASSOCIATE S I N FI N PL We keep running in to the problem that t~ s,roaram are supwned, but no one is willias to opea up their cornm11nily I.O tbciu. We arc all respgnaible fo, tlleae children and we need to realize that the only way to transition them to society ia to let them live amon8 us . We CUUIOl remedy their problema; IJ,11 ~ &bcm .... ill bospitab or jail., but rather we need to listen to them and leam from the,e childmi whn have lived more in their own sbon live$ tllan ID&Jly of us CV91: will . Siai;c Aarun bu been • put gf COSPm1mi1y Cu-. bi& l!(Owtb bu been lfllllaadous . He no lo111er hu • aelf-dcfealilJI outlook on life. but he feel, he is an important part of a 11unnal C9RVDl•ni,y aad he cu make & dift'ercK& Oaa of Iba most illlpQltU& lllill8s 10 him is that he actually lives in• community llo"8 side worki"8 people and his i~ not in & IMpi&al. He ia worki111 IGW1Jck lu OED lllll i6 ll&&iRtf a jgb. He 111b of 8ll&Ul8 invulved witb ClOIIIIIIWlily projec:q and uys he can make it. Thia m&y not Melli like much but. lbis i, tbe Wit lime be hu ever fck ai:cep&,cd.by MX:ic:ty . The uue fac:l ia that tbae cbil~n will live oCld door to us u adults whether they arc .__ .. to a. produc:&ivw pam uf ~Y w lllll. 1 W daaa if we wanl lo daall8fB the pallems ofthae cbildrc11'1 liva aad help them be produc:1i11e rll.ber than deviants we fear, tbc oaly ,.a anawa ia to IUppQ(t ud embc~ lllia fll'C9IIII and even create more like it . Pl'O(P'11111 like this are not somelhing that can eitill in IOl'lleOne el,e's community, bu& rmrrehiA8 we med lGmak&.u .. a.ia in~ SiaceNly, Clwwwwine e.b ' ' PA!x: 03 ,. . '. .. ' . ... ' . ' . ' . I . 0 32X • • . . .. .. .,,-. • • • -.. /WV . /1 /flt/ ... . ' "' . ' rw I· 0 . ]- ( • • • . - ~· . •• .. I k>.J '°'\f~.--· 1~ AH flt{JA- S 'ir 'S \-o 912, \)WL ;;~ c~ NO-J . i (-.I \ \rt 0 /\ \ (e r (~,.\tv\~1 ~ ( '(L 1:-Vo,\.~ 04.t \ ~C\ ~J"-\){~C~ ~\\_) (r,e,}r"~ h/)~0- .. ~ \ri)N \c L , Q '-\ V\~c_ { "c "'" ~~ c0 °'-l&~ L ~~ ~ \_9.-o NL- . .\ G '\,~, \")v,_ C • -_\ ' (' -\ I . \.Q__ ~) I\ ~~ \o~Li 1 ('1 6\.\~ \11;~ '\{\LC\ \~ v-,.x;' JG \, (lv-~ ~ l"',,:J , 67-( r-~ %~\v-.s \~~=fi'.4 · ~ C LI'- / r c,( Yu'-( ; · 1\J\L,, r~I\ r . s .. '· . ~ '. " ~ .. ' . • . ·. . ' ' I . 0 .. " • -.. • • - .,, • • I . 0 . -. • -----~------:-------=---·--~ '· . . . . --' .. • -. . . . .. • I ' . . •• .. ... ., ( • • I . 0 (( J- • • • • RICHARD D. AND CAROL R. VAN LEW 5877 East Fa ir Place -Eng lewood CO 80 I 11 Home Phone 303 ·7 ~1-1652 -E-mail DVNLW@aol.com October 30 . 1999 Eng lewood City Council Members City Hall Englewood CO Ladies and Gentlemen: ., Re: Proposed Ordinance regarding Grou p Ho mes We are writing to request that you CAREFULLY CONSIDER the proposal before you conc erning Group Homes and individuals resid ing in them who might be convicted of a felony or m isdemeanor. We urge you to consider the effectiveness and benefits to the community of grou p ho mes such as Community Care Corporation which operates a residentia l facility a t 3034 Sherma n Street in Eng lewood . This program treats persons who ha ve a major mental illness d iagnosis. I is a imed at helping these persons to become independent contrib uting members of th e com uni y. It has operated for some 20 years at this location and is well respected w ithin the mental health community for its success in treating persons w ith major mental illness. ( The residents of this home have a b iologic a l brain d isorder which. through no fa ult o f their o w n . m ight cause them to commit a m isdemeanor or possibly a felony under the la w. However. these individuals are very vulnerable persons and are more likely to be victims of crime than they are to be the perpetrators. The community has no choice but to deal w ith these indiv iduals one way or another. The group home is certa in ly preferable to having them h o mele ss o the streets or to consignin g mentall y ill persons to ja il and prisons. ( To treat the residents of Group Homes differently than you treat persons w ho own or rent a home in the area is discriminatory. If other residents of the community commit a misdemeanor or felony are their homes declared lo be a nu isance? We urge you to consider this proposally carefully and DO NOT APPROVE any proposa l which w ill make ii more difficult or impossible for group homes to provide the service to the community which they are doing now so effectively AND which might be subject to cha ll enge u nder anti-discrimination statutes. Thank you . Sincerely, ~_.1~L~ ,, RICH ARD D . VAN LEW ,. . ,,: • I ', I • 0 - • ( • .. , ..... , . . ... ~ -• • - LITTLETON PUBLIC SCHOOLS • .. ... HIGHLAND ELEMENTARY SCHOOL DATE: TO: FAX NUMBER: FROM: 711 E. Euclid Avenue Littleton, CO 80121 (303) 347-4525 FAX (303) 347-4240 FAX COVER SHEET t1)tz-z> L 199 9 ~ } j 0'4 ~\\V:::r, 0 TOTAL PAGES (INCLUDING COVER SHEET) SPECIAi. f.llSJRUCTIO'.\S -- ., ..; • " . ' I . 0 • • • RESOLUTION NO. {J{p SERIES OF 1999 .. .. • r .. • • - A RESOLUTION APPOINTING KENDRA GRAZ ULIS AS A YO UTH MEMBER OF THE PARKS AND RECREATION COMMISSIO N FOR THE CITY OF ENGLEWOOD. COLORADO . .. WHEREAS . the Parks and Recreation Commission consi st s of nine member s, two of whom are to be under the age of eighteen years when a ppointed ; and WHEREAS, the City Council de s ires to a ppoi nt a yo ut h memb er to fill the vacancy on the Parks and Recreation Commission for the term expiring June 1, 2000 ; and WHEREAS, Kendra Grazulis meets the require ments set forth by City Council for appointment to the Parks and Re creation Commission ; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon ). Kendra Grazulis is hereby appointed as a yo uth memb er to the Parks a n d Recreation Commission . Kendra Grazulis' term will be effe ctive imm ediately a nd will exp ir e June 1, 2000. ADOPTED AND APPROVED this 1st day of Nov e mbe r , 1999. Thomas J . Burns , Ma yor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Co lor a do, he r eby certify the above is a true cop y of Resolution No ._, S eries of 1999. Lou cri shia A. Ellis .. I 8 a I • 0 32 I .] • • ORDINANCE NO . SERIES OF 1999 , , ,, .. " .,,.-. • • - BY AUTHORITY A BILL FOR .. .... /01t.-I COUNCIL BILL NO . 65 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE APPROVING SUPPLEMENT NO. 145 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BO UN DARIES. WHEREAS, Southgate Sanitation District recomme nds the inclus ion of four parcel s totaling approximately 9 . 77 acres into the District; and WHEREAS , said inclus ion is located in Greenwood Village n orth of East Orchard Avenue, south of Belleview and west of Colorado Boulevard in Greenwood Village (3440 East Garden Lane); and WHEREAS , the zoning of these prop erties in Gree nw oo d Village is r esid e ntial zoning and will remain s ingle family h omes to be build on each lot ; and WHEREAS . said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS , the Englewood Water and Sewer Board recommended approval of Supplement No. 145 to the Southgate Sanitation District at the Septembe r 14 , 1999 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The Agreement between the City of Englewoo d and Southgate Sanitation District entitled "Supplement No . 145 , to Connector's Agreement", wluch includes four parcels totaling approximately 9 . 77 acres located in Greenwood Village north of East Orchard Avenue, south of Belleview and we st of Colorado Boulevard (3440 East Garden Lane), is hereby accepted and approved by the Engle wood City Council . A copy of said Agreement is attached hereto as ''Exlubit l " and incorporated herein by reference . Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively , the said Agreement for and on behalf of the City Co uncil and the City of Englewood, Colorado. Introduced. read in full , and passed on first reading on the 1st day of November, 1999 . -l - . .. ..: . , I 0 I • 0 - • -. • ~ ..,-. • .. •,. ,. • -' ... COUNCIL COMMUNICATION Date Agenda Item Subject November 1 , 1999 10 a i Southgate Supplement #145 INITIATED BY Utilities Department STAFF SOURCE Stewart H . Fonda. Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their September 14 , 1999 meeting, recommended Counc il approval of a Bill for an Ordinance approving Southgate Supplement #145 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70 ,000 people ) outside the City through contracts with numerous connector districts . The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch . By contract the City of Englewood must approve any additions of land to be served by the districts . These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Mary F. Elliman , for inclusion into the Southgate Sanitation District. Supplement #145 is for four parcels totaling 9 . 77 acres will be resubdivided into three lots . The lots have a residential zoning and will remain the same with single family homes to be built on each lot. The legal is attached as Exhibit A. The property is located north of E. Orchard Ave ., south of Belleview and west of Colorado Blvd. in Greenwood Village . The address is 3440 E. Garden Lane. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement # 145 ' ., . . ( I . 0 - ---------·--------------------------~~~~~------- • .. • . , ... Published as a Bill for an Ordinance on the 5th day of November, 1999. Thomas J . Burns, 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 cop y of a Bill for an Ordinance , i ntroduced, read in full , and passed on first reading on the 1st day of November. 1999 . Loucrishia A. Ellis -2- ., ' I • 0 - • • ,,- • . • •• .. SUPPLEMENT NO . I~ ~ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD , acting by and through its duly authorized Mayor and C ity Clerk, hereinafter called the "City," and soun-!GATE SANITATION DISTRICT, Arapahoe and Douglas Coun;ies . Colorado, hereinafter called th e "District," WITNESSETH: WHEREAS, on the 20th cay of June. 196 1. th e City and the District en tered into an Agreement in which the C ity agreed to trea t sewage originating from the Distri ct's sanitary sewer system within the area served by the Distnc,. wh ic:, Agreement was most recently renewed by Connector's Agreement dated November 16 , 1988; and WHEREAS, saic Connector's Agreement provides th a t th e district may not enlarge its service area without the wntten consent of the City; NOW, THEREPORE, in considera ti on c f the mutual covenants a nd undertaking s herein set forth , the par.1es agree ~s 'all ows : 1 . The C ity hereby ~::nse nts :o '.h e ;nc!us1cn of ~e rta in adcit icna l area located in Ara~ahoe Cou nty, Co1craco. owned by Mary F . E lli man and more fuily described on Exn1t:1t A attached ne'.eto and 1nc:r;:cra:ed ,e re ,n by reierence . into Southgate Sanita:ion D1stnc:. Th e C:iy a;~ees mat sa 1c: ac:c ,ncnal area ma y be servec N1t h the sewer fac :l ihes of th e D,smc:. a~d :rat :he C ity w11 I trea~ :;~e sewa~e j 1sc~arged in to ~h e City 's trunk line from said add in cnal area . all ,n ac::rcarce with :he CJr,nec:cr's A,;ree:nent dated November i 6 . 1988. Ac:or:ir.;ly, Exr1t:1: .l. re:e '7 ed to ,n Paragraph 1 cf :h e Connector's Agreement date<: Nover:-cer 16 , 19€8 1s h e re :y a m ended :o ·ncluce s .. ch ac:d itional area. 2. Each and eve r, c tr.er prov 1s,cn oi :he sa id Ccnnec:or's A,;reernen t dated November 16 , 1988 . sha ll remain uncha n~ed . IN WITNESS WHEREOF , th e par:,es ha v e se! ,heir hands and seals this __ day of ___ . 19_ ATTEST. CITY CLERK (SEAL) C ITY OF ENGLEWOOD By----------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES. COLORADO By:>w11 ifha ,!±-· PRESIDENT ' 4- .. . L X H I B I T 1 ~ " 0 ' ~ .. ,. ' ' ' . I • 0 • .... .. ; .. • ', •• ' ... .. PARC::=. A: AL:. 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SUIT: 10:l 7i0-al15 ENGL:vVCCD, COLORADO ao, 11 August 6, 1999 Southgate Sanitation District 3 i22 E:ist Orchard Road Littleton, CO 80121 Ref: Inclusion ,o Distric: To whom it may concern, 7i0-12iZ (FAX) For and on behalf of Mary E iliman, Miile: Enginee:ing & Sur,eyi ng, Inc. is submitting the enc!osed package for the inc!usion into the Dimic: four parce!s as a 9.ii-ac:e parcel of land located in the city of Greenwood Village . (See enclosed vi cinit:, map .) The four parcels cf land will be resubdivided into three (3) lots . The lots now have a city zoning of R-::.5 (residential) and will remain so . The lots will have 9,000 -11,000 ± sq . ft. single family homes ) built on them. Lots 2 and 3 will be sold and Lot 1 will be retained by the owner for their residence. The deve!opmem schedule should begin with construc:ion starting at or near January 1, 2000 and continue into summe: of 2000. Se:vice require:nems should be typical for this size of residential home . Should you have an y questions ple:1se fee! free to c:ill. Faithfu ily submitted, MILLER ENGINEERING & SURVEYING, INC. Ll~~·,·, rJ:lL( __ ~ 14oward J. "Bud&.:" Hines , Pro1·e:: .Mana1.te: ,.. v · - JG24\u:wcr disu-ict l~lt !' • .. ... .. .. ' •, ~ . I • 0 32X 1 !,'Ii ORDINANCE NO ._ SERIES OF 1999 .. ·- • -• • • BY AUTHORITY A BILL FOR .. .. " ... ~ COUNCIL BILL NO . 66 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING A "SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE " FOR THE PURPOSE OF INCLUDING THE "VIKING DRIVE WATER LI::-.lE '' WITHIN THE CHERRY HILLS VILLAGE WATER SERVICE BO NDARJES . WHEREAS , Cherry Hills Village requests the inclusion of the ''V iking Drive Wate r Line" into the prior agreement concerning Cherry Hills Village Water Syste m : and WHEREAS , said water line is in Cherry Hills Village: and WHEREAS , the zoning of this property in Cherry Hill s Village is Reside nt ial : a nd WHEREAS , the Englewood Water and Sewer Board recommended approval of this Supplement to the Cherry Hills Village Water Service at their August 17. 1999. meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon 1. The Agreement between the City of Englewood and Cherry Hills Village entitled "Supplement To The Agreement To Provide A Portion Of Cherry Hills Village With Water Service" for the purpose of including the "Viking Drive Water Line" for the purpose of including the ''Viking Drive Water Line" within the Cherry Hills Village Water Service boundaries, is hereby accepted and approved by the City of Englewood City Council . A copy of said Supplement Agreement is attached hereto as '"'Attachment l " and incorporated herein by reference . Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest, respectively , the said Supplement Agreement for and on behalf of the City Council and the City of Englewood, Colorado Introduced, read in full, and passed on first reading on the 1st day of November , 1999 . -1- ., ,. ,.: ' .. I • 0 3 - • • • • .. .. • • .. ... 0 COUNCIL COMMUNICATION Date Subject November 1 , 1999 Agenda Hem 10a ii Water Service Contract for Viking Dr . INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 17, 1999 meeting , recommended Council approval of the Water Service contract for Viking Drive in Cherry Hills Village . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On July 15, 1997, the Cherry Hills Village City Council signed an agreement to allow a water main installation with 15 Viking Drive homeowners . The water line is connected to Englewood's water system in S. Clarkson St., however there is no maintenance program or responsible entity for the 15 services . To remedy the situation the City of Cherry Hills Village has been working with the residents and the City of Englewood to incorporate Viking Drive into Englewood's water maintenance area. The City of Englewood conducted a physical review of the Viking Drive water line to determine its conditions and found it meets its total service standards and is acceptable. The City of Cherry Hills Village is willing to accept ownership of the water line on the condition that a satisfactory total service water contract be obtained from the City of Englewood. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance Water Maintenance Agreement with Cherry Hills Village for Viking Drive " • I . 0 - • ........ .. . ;- "' • • •• .. Published as a Bill for an Ordinance on the 5th day of November, 1999. Thomas J . Bums. Mayor ATTEST: Loucriabia A. Ellis, City Clerk .. I , Loucriabia A. Ellis, City Clerk of the City of Englewood , Colorado. hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, mtroduced , read in full, and paaaed on first reading on the let day of November, 1999. Loucris lua A. Ellis -2- • '· . .. . ,. '• 'I \ . I • 0 32X - • • • --• t ~· t'1. j __ ... • •• .. ... .. ATIACHMENT I SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE THIS SUPPLEMENT TO THE AGREEME:\11 is entered tlus day of --------~ 1999 by and between the Cin· OF E:--GLEWOOD ("Englewood") and the CITY OF CHERRY HILLS VILL.\GE (''Cherry Hill s"). WHEREAS, an agreement was entered into on September 30 . 1993. "Agree ment To Provide A Portion Of Cherry Hills Village With Water Sen,ce", by and between the Cin· OF ENGLEWOOD ( Englewood) and the Cln· OF CHERRY HILLS VILL.\GE (Cherry Hills) for the purpose ofpro~;ding for a satisfactory and dependable water s upply and se r v ice within a designated area of the City of Cherry Hills Village ; and [See Exhibit A) WHEREAS, the City of Cherry Hills Village desires to add the "Yikmg Dri,·e Water Line" to its water system; and WHEREAS, the cities of Englewood and Cherry Hills Village agree to add a s upplement to the AGREEMENT TO PRO\ 1DE A PORTION OF CHERRY HILLS\ 1LL.\GE \\"ITH WATER SERVICE which would include the ''\"iking Drive Water Line", as describe d m Exhibit B, to the cU1Tent Cherry Hills Service : and \\liEREAS, this additional water line will be subject to all the mutual agreements and covenants contained that September 30 , 1993, AGREEMENT TO PRO\lDE A PORTlO!\ OF CHERRY HILLS VILLAGE WITH WATER SER\lCE ; :I/OW, THEREFORE. in consideration of the mutual covenants and undertakings herein set forth , the parties agree as follows : Sectjon 1. The City of Englewood hereby consents to the inclusion of the Viking Drive Water Line more fully described m ''Exhibit B," into the water service area . The Water Service Agreement dated September 30 , 1993 , is hereby amended to include such additional area . Sectjon 2. Each and every other provision of the said Agreement dated September 30 . 1993 , shall remain unchanged . ... • .. • I ... . .. ) I • 0 3 xi .. ~ ,,--• • ' t~ -, I .. .. ~ • • ' ' ~ I N WIT l'l.'ESS WHEREOF , the parties have set t heir hands and seals this __ day of __ ----------~ 1999. CITY OF ENGLEWOOD , COLORAD O ATTEST : Loucrishia A. Ellis , Ci ty Cl erk Thomas J . Burns , Mayo r CITY OF CHERRY HILLS vlLL'\GE ATTEST: , Ma yor ,. ., ,. • ) I • 0 32 • • • • ---· • t •. ~ ,. . . • ' •• ~ ' .. ,_ . : ..J L. ~. ,.:· -J 1-, ... ,.._ ~,-- ;;::.::::: ~::.:.n-.:ii'~ ::::,.:3 AGREDID'1' TO PROVIDE A PORT IO !\ OF CHER.~Y HIU..S v1LUGE WITH WATER SERVICE. aoa ,7297?~:r 310 THIS AGREE:ME::,.,"T is en:ered t::is ~ day of 5.ei..J-,,, 199~ !:,y and between the CITY OF E);GU:WOO D "E::giewood") a.::d :..,e cm· OF Ch"E.?.RY HILLS VII.LAGE ("Cherry Hills"'). Vv"EEREAS, Cher.y Hi il s ciesi:-es :o ;irovide :or a satisfac:o:-y and de;iendai::le water supply and ser,;ce for use wi::-.i n :..,e cies ig::ated area of the City of Che:-r;, Hills Village, and WF.ERE..;.s, :he area :s ::i.:~en:;:, su;:;:ii ed wa:e:-::y CJr.::-ac:: ::y E::giewood :hrcugh :.,e Cher.y H:i s R:lncho Sys:e::i , and \\'9EE?..£.l~. E::g!ew ooC ::as :~e 3=i!i :y a.:u! 3:.::!':or.::.-::, e!'l:e:-:~tJ c:,r.t:,.c:.: :'or :..~e sale of wa:e:-a~C: wate:--se;.ices oi.;:.:i:e ::le Ci ::.· li~i:s of E::g:ewooC: :.:.-:Ce:--5 e~::or. :.2.;, A .• -..ic!e X:!I o: :::e Englew ood C:::: C:::1:-:e:-, ~0\V T:!E:..E:"OR£. ir: ::r:siC :?:-a::cn of :..~e m:.:.t~a: a5-e-e:7:e:::.: 2.::C c:o·:er:Jr.:s he~e !::af:e:-c~:-::.:?..i:ieC. :.::e ;:ar.ie~ h e:-eto a,r.i:e as fo ilo ws : l. Er:gl ewooc a.g:-ees :o :'\;:-n:sh wa:e:-"'-i ::::n :.'le Co::::-:ic: Se:-.-:ce .~e:1 '."'Se :--.ice A.-ea "), icient::'ied in A::ach:nen: A and =ade a ;:a.-: oi ::-.is .-\r-ee:::en: he:-et..?, ior all l!Ses and ;iu:-;icses :or w::i:h Englewood has a;:p:-:;:r:at:ve :-:5:: ts . E::g:ewc od re;:rese:1:s t.,:it it has :1 su.~c::en: a:::ioi.;::i: of;iotai:ie wate:-:o se:-.·e :..':e se:-,;ce a:-ea. Sue:: wate:-shall be a qua!i:y a.::d in q::a.-::::ies as :o ;irov'ide wate:-ser.;ces sir.:iiar to t:lose ~~isheC t o w:?:e~ 1.!Se:-s inside E::g!ewooC . W-::..~ct.:: a.-:y C:i s ~r:'li :1atio!'l ag:i:r.s: :..,.,_e users :n :~e Se:"'l'ice A.rea . e:t;e;: as S?ec :::~!:y ;,:-,""':CeC :,y t.~!s .wee!':lent ar.d by 0:-::::'l :1.-:ces oi :..'°le Ci ::.-~= E:ig:ew oo d e:tis::::g as o:· :..':e da:e oi t.'1is .~~eerne:-: t. 2 . AJI oi th e ;ii;ies, va ·;es , a."ld ot::e:-app u :-:e::an:es. ir.c:uc:.ng :'::-e hyd:-3!::S, used in the dis~bu:ic n oi wate:-:o :he users :n :..,e Se:-.-ice .'-:ea shall he:-e:11ar..er !:,e :-eferred to as "wa:er se!"Vice fac : i:i es · or "fac:i:ties." 3 . 4 . Cher.y F.:ll s by this Ag:-ee:::ien: r.an:s 3.."'IC conveys to Englewooc a li cense, but not ownersr.i;:, over a ll :..lie water ser,ice fac:iities in :he Se:-.;ce Area tc which Cheny F.ii l s h as a:~dred o"-ne:-s l:i p. Cherry F.ill s ag:-ees that it wi ll not e:ter:ise any ci crn inio n w!:tatsoe\'er over any of wa:e:-service :ac: i::es in t.'ie Se:-.ice Area which a:-e incor.s istent wit.Ii th e perfor.:iance by Englewood of i ts rights and obligations hereunder. It is ag:-eed that "licer.se," as used ir. this .~eer:ient, shall mean the r.g:-n to use, connec:, disconnec:, modi::,, rehabili tate, ex:end, enla:-ge , replace, con vey, abandon or otherNise dispose o: any and all of :he water service f'acilit:ies . Cher.y Hills agrees tr.at it will assu:ie ownership o: any e:cisti."'lg wa:e!' mains and fac:iities in the Se!"',;ced Area. Any add:tional se::-vice :ac::lities needed to serve the Service A:ea by reason of new c:onst:-..1c::on or ex;:ansion of the Se:-tice Area, shall be const ructed to then eo..1r.ent Cicy of Enrlewood standards by Cher.:, Hiils, and Cherry Hills ar,ees to assume O\\"Tlership of' said f'ac iii t ies upon deed:nr t.c Cherry Hills by • ~ )< .. I B I T A .. I . .. ~ • 0 • • ·• • .,... . • .. • • .. the property owners. Ownership sha l be acquired by written conveyance and each such conveya..,ce must be approved by t:ie Cicy of Englewo od in writing. 5 . Cher:-y Hills agrees t o acquire rig:its-of-ways or easements required by construction of additional :acili::es. where the iaciiities are situated on private proper.:y or the easement is not of sufficient siz e to allow proper operat:on , maintenance, and repair of the fadities. Cher.j· F.il!s ag:-ees that Englewood :s not obiigated to enlarge any existing faciii:.i es. 6 . Engl ewood agrees to operate, main:ain, repair and replace a ll :ac:liti es which come under its dominion in the Service Area :o the extent that such maintenance is necessary :o :he furnishing oi potab le water service provided ior :n this Agreement and to ope:-ate, main:ain, and keep a complete inven tory oi suc:i physic:il iaciiities as are necessary or desirable to accom;:ilish :he obligations it has unde:--..aken for Cherry Hills as se t for.h :ierein. Kothing in t:iis A!r."eement shall require Englewood to upg,-ade or enlarge any existing faci lities or to accep t a license or reprur and maintain any (acilities of wh i ch Cher.:: H i lls :ias not ac:epte:: ownersh :;i wit!i E ngl, wooc's wr.tten approval. , . E nglewooci ::iay es:aOlish. ir:ipose a:-iC :o ll ec : :'efs :'"or ::1e ·.\·:ne:-ser::ce :: pro\,ci es use:-s in the S e :--.;:e .-\rea ·.4·rl i c!-. s!':a ll :le ;:n o\vn as "wa:c:-.;e:--."!ce c:::i:-g~s ." l:, adc.iti on , EnglewooC. may at an~· ti me ir::;,ose ot:le~ s1;c:l :-:nes . :o~!s. c::a ~g~s or combinatior.s t!"lere!Jf. for g;:u,ting a use :-t:le :-:g:":t :o :.ake wate ~ ::-.r ou gh ::1 e 3e;~,ce faci lities. These ::iarges ;hall be k::own as ··wate:-connec :ion c:::i:-ge s '" w:i ic :i is a charge se;,ara:e from th e water service c:large , and one cioes :1 ot in:-l ud e ::'le o::,e:-or any par: th ereof. 8. Met!iods oi collec:ion and sc!iedules oi fees for water se,vice and connec:ion charges Englewood shall apply to all users in th e Ser,;ce Are a and shall be simiiar to t.'1ose imposed by Englewood to ot.'ier outside City A:-eas. 9 . I:: is muti:.ally ag,-eec that ov er :he d:::-:itjcn of :he Ag:-ee:-:ient cha.,ges "'-::J be r eqcired in t.'ie water ser::ce c:-.arges for fr1e Servi ce A.:-ea. It is ~hereiore alr"eed ::iat Eng!ewooc :nay modify :he cha:-ges :or water se:-vice pro ,;dec he:-e i n. ir: its discretion, provided: A . Englewood sh a ll give public notice as req u ired by the City oi Englewood Ordinance tc make any c:ia..'lges to t.'ie water ser.;ce or wace:-connec::o n charges . B . Englewood shall have reasonable discretio n to establish and apply c:-iteria for determining, for both t.lle systems inside and outside E nglewood, the rate structure, the necessary plant, t.'le piant value, and the operation, maintenance and depreciation costs. 10. All the general rules and reruJations and amendments thereto placed in force by Englewood conceminr the operation, conditions of service , and procedures relating to the installation of new main lines and taps of the Englewood Municipal Water System, shall be as fully enforceable in the Service Area as inside Englewood. Cherry Hills retains the full rirht to make and enforce rules not inconsistent with Enr!ewood's rules to rovem uses of water in the Service Area. Cherry Hills agrees by the exercise its authority to assist Enrlewood in enforcing its ordinances and rulu applicable to the provision of water service including those made to protect the purity and safety of the water supply, to prevent waste of water in the Service Area, to • 2 - I • 0 • • -• .. • • - assure that the installation of water supply facilities are to the standards of Englewood, and to assure collection of delinq u ent ac:ounts. .. ... 11 . Determin ation of the needs and requirements of Englewood and its inhabitants with respect to its wat er system is a fact to be deter.nined by the Englewood City Council at its disc-etion, to be exercised from time to time as occasion may require. Englewood intends to maintain a water supply adequate to meet the needs of its inhabita.,ts and approved areas dependent on Englewood for suc:i supply, and agrees to use all reasonable means to maintain a sur;i lus of water from which to fornish Cherry Hills and other conttactual users with potable water for normal use . However, there are circumstances which make it uncer.ain whether the supply can always be adequate. In times of shor..age of available wa t e, for any reason, service to use,s outside Englewood must be cur.ailed and, in the h appening of such even t, shall be curtailed on the following basis , the 5rs: li sted c-.ir..ailment being adopted to meet the least serious sit.iation and th e succeeding cur.ailments being adopted in addition as the sits.iation becomes more serious, and :he last suc:i cu~ailment to be invoked only to meet the gravest poss ible sit;.:..ation and one whic:i every reasonal::le prenution wi ll be taken to avoid : A . Restric:io n of ir.:gat:on. B . Prohibition of ir.:ga:ion ex cept for com::ie,::al g:-eenh ouses . C . Prohib it:o n of eve::: use except :or do::iesti: use and oi essen::al inc:us::·y. D . Prohibition of all use outside Englewood ex:ept domes::c uses. E . Prohibiti on of all uses outsic:e Englewood. It is understood tha: :ur:..ilments A,B,C above shall be appiied to c-.is:cmers inside the city limits before :..'le City shall impose c~:-.ail:r.ents D and E. Englewoo d will not imple;nent Subpara~aph E he,eof unless anc: unt:l it :ias implemented Subpa,aii-aph D as to all service areas "-i&.in and "-it:i out Englewood and that Engle wooc: will treat Cherry Hills as favorab ly as it trea:s any o::ier se~ce area ou :side of Englewood . l2. Not wi thstanding any other ter:-:i or provisior: in this .~eement, it is specifically understood anc agreed that Englewood :nay suspend :he makmg of any new main extensions and taps in the Service A:ea, provided however, that Englewood shall be obligated to exercise this :-ight of suspension uniicr;nly among all areas outside Englewood which are similarly si tuated. Engl ewood agrees to provide written notice to Cherry Hills in this matter as far in advance as practicable . 13. All water famished by Englewood under this Agreement is on a leasehold basis for the use of the water users in tll.e Service A:ea. Such leasehold is for all th e various uses for which Englewood has been decreed the right to appropriate water. Such right does not include any right to make a succession of uses of such water and upon completion of the primary use of th~ water, all dominion over the water so leased reverts completely back to Englewood. Except as herein and specifically ot.'ierwise provided, all property rights to the water to be fornished by Englewood are reserved by Englewood. However, nothing herein shall be deemed or construed creating an obligation on Englewood to separate said water form any material added to it in use or as cnating any obligation on Englewood regarding purification of the total mass after use . Nothing contained herein shall be deemed to impose on the water users any obligation, if it exists, shall not arise out of anyt.i.ing contained in this Agreement. It -3 - I • 0 .. ---. • '. • - ;~,jf. 7297 ~~C,: 313 is mutually agreed that there is no obligation on Che~ Hills or on :he water users with res;iect to c,eating any par.:ic:ilar volum e of ret:im fiow from water delivered hereunder. 14. All se!"Vice facilities installed or re;ilaced in the Ser,ice Area, shall be installed pursi.ant to the rules, regulations and s::anda,ds of Englewood and shall be subject to all ~!es, regulations and polic:es governing th eir use. 15. No enlargement of the Semce .~ea or any ot.'ier amendment of t:iis Agreement shall be made unless it is made by mur-.i.al ag?"eement . Such ar:1enciment may not be Wlreasonably withheld by either party. 16 . Cherry Hills ag:oees that it will neit.'ier diredy or indirec:ly fu:r.iish, nor authorize the fu:r.iishing, of any water service within the Semce Area or through use of any of its facilities except as herein pro vi cied . This limitation does not inciude a;iplications for use oi groi.nd.water wells within :.'ie Service Area. 17. It is agreed t!-:a: for failure of Cher.:: Ei !l s to ;ie:-:or:n :l:is Agree:ne:1: in all its essential parts, Englewood may be :ause:: :c ter:n ir.a:e ,,.,ate, sen·:ce in ;,a:-: or in who le to the Service Area. P:-ior to such :er.r.ina::cn, Engiewco ci shall pro,icie ~t:er. notice to Che:-:;· Hil!s of :he de:'ic:enc:es anci ;irovicie acec;uate :::ne :o co:-:-ec t these def.cienc:es. 18. _tj] ame:iC.:nents to this . .\~ee!':len: rr:us: :Je :n ~:i:1g slg:ied by t:le gover:i i:ig bodies of both entities , no agent or er.,p ioyee :r..ay moc:ii:: :h e As,eemen: or bind t.'ie respective par:ies. 19 . The par-.ies shall not be deemed to h a ve ag:oeed that :he benefits and obiiga:ior.s c,eateci by this • .\g!"eer.ient have beer. modified by ar.y amer.ciment here :der made to the constit:i:ion or laws of the State oiCo iorac:o or :he Cha,::er of the City of Englewood unless si.ch modifications have been ag:oeeci to by both par:ies. 20. I: is unc:erstood and ag:oeed to by E.,giewood anc: Che~; Hills that Englewood c:oes not hole itself to be a ;iublic utilit-; or su:ije c: to the cor.:ro l of the Publ ic utilities C.:imm issi on of :he State of Colorado for any pu:',)ose wha:soever. This .~eement and all parts thereoi are subject to applicab le dec:sions of the Supreme Cour: of the State of Colorado regarding lack of j urisdiction of the Pub lic Ctili:ies Commissi on over municipal water systems and the si.ppiy of water the,efrom to users outside City limits . 21. Cherry Hills agrees that there is not any anticipated modifications to the current use of the !and and the present zoning restr.ctions wit:iin the Service . .\rea during the duration of this Agreement. If the C'..i~ent land uses or zoning in the Service Area is changed or modified, Englewood has no obligation to pro,;de additional water semce beyond that required at the time of the signing of this .'\,"!"eement. Cherry Hills ai?"ees to submit in writing to Englewood any proposals on zoning or land use changes and the proposed effect, if any, on water demand prior to approval of any change in land use of zoning in the Service Area. 22. No assipment by Cherry Hills of its rights under this • .\g!"eement shall be binding on Enclewood unless Englewood shall have assented to such an assignment in wTitinc. -4 - I • 0 • • • I•¥ ,. . ·~ ,,.-. • • •• .. ... ... 30ili 72!J7 ?~Ct 314 23. Each one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective lepl representatives, successors and assigns of the parties hereto. 24. The term of this A(reement shall be for ten (10) years, be11nnin11: with said effective date of this • .\ireement. Unless either party notifies the other that it wishes to terminate this Aereement, in writiJti, not less than one year prior to t.~e termination date of this Aereement it will automatically be conti nued for four (4 ) additional Ten (10 ) year terms. 25. Cherry Hills shall have the ability to levy appropriate and legal c.liar11:ts on the water bills sent to the customers within the Service Area. Englewood qrees to bill and collect such charJes and reimburse them to Cherry Hills. E:1g!ewood shall have the ability to ch~ Cherry Hills a water administration fee to bill and collect any such charges . 26 . This Agreement specifically supersedes the Dist:-ibutors Con::-act ~o. 7, with Cherry Hills Rancho which was signed on June 6, 1966 . 2i. The par.ies agree t.~at all prior water service agreements in c!uding :."i e one dated : June l, 1989, are hereby revoked and superseded by this Ag-:-eer.,ent . . • '! ityClerk CITY OF E~GLEWOOD, COLORADO CHERRY HILLS RA .. ~CHO WATER SANITATION DISTRICT CITY OF CHERRY HILLS Jr,, a . &, C1td pc , Mayor .. 5 .. . ' . 0 I • 0 --------------------------------,.,, ___ _ -· • • • • • .. N . . l m, 72!J7 ?~G: 315 ATTACHMENT "A" WATER CONTRACT SERVICE AREA ' I • 0 .. • ,,... .. .., • ' "' .. • • . ' •• .. ... ' -. 1•,, -~: ,1; I! ... -·:: I ..... '1'--.... 11 -- ? ••• .. , ... -... II • I EAST ... "'''' Mc.~ .. t~c.rj ® .•. ~ -:;. • I ! !: :: - I I . ..... ... ,. ,, ,~ I • 0 • • --· ----.. u ~ • 32 I • . -.:·. ... t , 'f ... •• ... '-6 CJ 0 G ~ c) 0 r--: -: - ,_! • t • .. .... ~ t._.J r, ~ a ~ -u ~ c::J c;::::J~ ,___ I :..: L • J( .. I • I T E . ' ', ) . '. '> • ... . . I . 0 32x • • • ORDINANCE NO._ SERIES OF 1999 . . .. ·~ .. ~ ,,-·· • '· • - BY AUTHORITY A BILL FOR • .... COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE OF THE CITY OF ENGLEWOOD , CO LORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF COMPUTER AlDED DISPAT CH AND RECORDS MANAGEMENT SYSTEMS EQ UIPMENT FOR THE CITY . WHEREAS , The City of Englewood , Co lorado (the ·'C ity"), is a home rul e municipality of the State of Colorado (the .. State") duly organized a nd operating unde r the Home Rule Charter of the City (the "Charter'') a nd the Co ns t itution a nd la ws of the State: and WHEREAS , pursuant to Sectio n 30, of the Englewood Home Rul e Ch a rter . t h e City Council of the City (the "Council") has a ll municip a l legislative power s as co nferred by general law , except as provided by the Charter; and WHEREAS, on October 20 , 1997, the Englewood Ci ty Co unc.il a pproved the co ntract with Logisti c System s. Inc. for computer aided di s patch and r eco rd s ma nage me nt system equipment for the City communications center (the sys t e m co mp one nt of s uch contract and the change orders thereto collectively referred to as the "CAD/RM S Eqwpme nf') which system has enhanced the service provid ed by the Saftey Se r V1ce s personnel of the City ; and WHEREAS , in accordance with Section 113 of the Ch a r ter. the compe titive b1ddrng proced ures were co mplied with in the acqui sj ti on of the CAD/RMS Equipment : a nd WHEREAS , purs uant to Reso lution No . 47 , Series of 1998 , t h e Co unci l decl a r ed its intent to reimburse itself for funds adva nce d for the CA D/RMS Equipment a nd to partici pate in a tax-exempt financing of the CAS/RMS Equipme nt m a n amount n ot to exceed $851 ,500 ; and WHEREAS , the CAD/RMS Equipment has bee n in stalled a nd is oper ational ; a nd WHEREAS , purs uant to Section 31 -15-101 of the Col or a do Revised Statutes, the City has the power to lease-purchase personal property and t h e Co uncil de si r es to s pread t he cost of acquiring the CAD/RMS Equipment ove r a five -yea r peri od through the le ase-purchase of such equipment: and WHEREAS , the financial advisor to the City , George K. Ba um & Comp a ny, s hall assist the City in receiving bids for execution of a Lease Purchase Agreement (the "Le ase Agreement") under which the financial obligation of the City shall constitute currently budgeted expenditures of the City and shall not exte nd be yo nd the current fiscal year unless the Lease Agreement is annually renewed by the City ; and -I - • • ' I • 0 - • l ' • • ..... ·~ • \ . .. ... ., COUNQLCOMMUNCATION Date Agenda Item Subject November 1, 1 999 Bi ll For An O rdinance To Approve the Lease-Purchase of the Computer Aided 10 a iii Dispatch and Records Management Svstems (CAD/RMS ) Eauicment Initiated By I Staff Source Citv of Enal-ood, Financial Services n..r,artment Frank Grvolewicz. Director COUNCIL GOAL AND PREVIOUS COUNQL ACTION On October 17, 1998 City Council approved a contract with Logistic Systems , Inc , for the purchase of the computer and dispatch/records management equipment for the new Communications Center. Addit ionally, on February 17 , 1998 City Council approved Resolution 47, Series 1998 declaring the i ntent of the City to reimburse itself with th e proceeds of a future borrowing in an amount not to exceed $851 ,500 . RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance authorizing the lease-purchase of the CAD/RMS System in the amount of $851 ,500 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The City of Engl-ood placed a referred measure asking the voters if they wanted to keep the communications operat ions in the City on the November 2 , 1993 ballot. This referred measure passed by an overwhelming margin . On November 7, 1995 a ballot question was placed on the ballot to issue debt for the construction of a new communications center; this question failed overwhelmingly , The City used reserves to build the "bricks and mortar" portion of the center . The cost of the computer and communications hardware and sottware was to be financed by a lease-purchase agreement when the final implementation phase was to be completed. As implementation has now occurred , this ordinance allows the City to reimburse itself for the cost of the communications hardware and software. No other alternatives were identified. RNANQAL IMPACT George K. Baum , as financial advisor to the City , will assist the City in receiving bids for the Lease Purchase Agreement. Bid opening and bid award is scheduled to occur on or about November 30 , 1999. A Resolution awarding the lease will be presented to City Council on December 6, 1999 detailing the final terms of the Lease-Purchase Agreement . Proceeds from the lease·purchase will reimburse the Public Improvement Fund for the funds expended to purchase the CAD/RMS System . The lease obligation will be repaid over a five-year period commencing in 2000 and ending in 2004. The Lease Purchase Agreement is subject to annual appropriation and does not const itute a general obligation or a multi-year financial obligation of the City . UST OF ATTACHMENTS Proposed bill for an ordinance ,, ' .. ) I • 0 32 • • • • • - WHEREAS . to effect the lease-purchase of the CA D/RMS Equipment at this time. the City will , upon exec ution of the Lea e Agreement. transfer to The Ba nk of Ch erry Creek, N .A .. as c ustodial agent, title to the CAD/RMS Equipment in exchange for reimbursement of the moneys advanced by the City for acq ui sit10 n of the property and . in the eve nt that the Ci ty Council late r dete rm ines not to ap prop riate m on eys for payment of the Lease Agreement the le ssor thereunder s hall be e ntitled to physical delivery CAD/R.1\1S Equipment as sec urity under the Lease Agreement; a nd WHEREAS, the Lease Agreement shall not co nstitute a general obligation or a multiple-fiscal year direct or indirect debt or other financial obligation whatsoe ver of the City within the meaning of a ny constitutional or statutory limitatio n or requirement co nce rning the cr eati on of indebtedness: a nd WHEREAS, the Council is desi rous of authorizing a nd directing the tran action described above : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , OLORADO , AS FOLLOWS : Sect10n 1. Appr oql of transfer of CAD/RMS Equipment to Cust odial Trustee . The City Co uncil hereby approves of the conveyance of title to the CADIR'.\IS Equ1pm nt The Bank of Cherry Cree k . N.A., as custodial agent, for r eimb ursement t o the City m the amount of $851 .500. The City Council hereby determine and declares that the fair m a rket value of the CAD/RMS Equipment 1s $851.500 a nd u ch amount rep r ese nts fair and a deq uate consideration t o the City for t he CAD /R'.\l Equipm e nt Section 2 . Authorization of Lease Agreement · D1recuon to B,d The City '.\1an ager 1s here by directed to cause bids to be receive d by the City fo r the lea e -purc h a e of the CAD/RMS Equipment. in substantially the form and with ub tantially the co nte nt a s approved by the City Attorney . The Lease Agreement. which shall have an mm al term ending Dece mber 31. 1999 with five add m ona l one-year rene wal t e rm , hall co ntain a schedule setting forth the princi p a l a nd intere t co mp on ents of each rental payment. The Aggregate principal component of the Lease Agree ment s h all not e xce ed $851 ,500. The Council shall approve the Lease Agreeme nt by reso lut10n followi n g the receipt of bids and s uch a pproval s hall co ntain a dete rmination by the City Co unci l that the rental paym e nts under the Lease Agreement r e present the fair va l ue for the use of the CAD/RMS Equipment . Sectjon 3. Execution and De)jyery of Documents . The Mayor or, in the absence thereof, the Mayor Pro Tern is hereby authorized a nd directed to e xec ute the Lease Agreement, and the signature of the Mayor or Mayor Pro Tern shall co nclusive ly determine the valid execution of the Lease Agreement by the City . Additionally , the Mayor, other officials and employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional agreements, certificates, documents and other papers and to perform all other acts that may deem necessary or appropriate in order to implement and carry out the transaction authorized and contemplated by this Ordinance, including but not limited to an Internal Revenue Service Form 8038-G . -2- " '. 0 I • 0 .]- • • ,. '1-, .. ...... .... , .. .. • .. • •• Section 4. Obligations of the City. No provision of this Ordinance or the Lease Agreement shall be construed as creating or constituting a general obligation or a multiple-fiscal year direct or indirect indebtedness or other financial obligation whatsoever of the City nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Lease Agreement shall be in effect. Section 5. Ratification of Prior t\,ctjons. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or by the officers and employees of the City regarding the lease-purchase of the CAD/RMS Equipment or directed toward satisfaction of the City's obligations under the Lease Agreement, whe n executed, are hereby ratified , approved and confirmed. Section 6. Headjngs . The headings to the various sections and paragraphs to this Ordinance have been inserted so lely for the convenience of the reader, are not a part of this Ordinance, and shall not be used in any manner to interpret this Ordinance . Section 7. Seyerabiljty. It is hereby expressly declared that all provi sion s he reof and their application are intended to be and are severable. In order to imple me nt such intent. if any provision hereof or the application thereof is determined by a co urt or administrative body to be invalid or unenforceable, in whole or in pa rt. s uch determination shall not affect, impair or invalidate any other provis ion he r eof or the application of the provision in ques tion to any other situation: and if any prov1s1on hereof or the application thereof is determined by a court or administrative bod y t o b valid or enforceable only if its application is limited, its applicatio n s hall be lun1ted s required to most fully implement its purpose . Section 8 . ~-All ordinances , or parts thereof. incons istent or m co nfli ct herewith are hereby repealed to the extent only of such inconsistency or co nfli ct . Introduced, read in full, and passed on first reading on the 1st day of Nove mber . 1999. Published as a Bill for an Ordinance on the 5th day of November, 1999 . Thomas J . Burns, Mayor A'ITEST: 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 1st day of November, 1999. Loucrishia A. Ellis -3- ., ' .. ... ... I • 0 J .-:='I • • ORDINANCE NO.Gk_ SERIES OF 1999 ... • • • •• BY AUTHORITY .. ... COUNC IL BILL NO . 62 INTROD UCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE ENGLEWOOD SCHOOL DISTRICT, PERTAINING TO THE COOPERATIVE BEA UTIFICATION PROJECT ON THE NORTH PLAYGROUND AREA ALONG SO TH BROADWAY ON THE FLOOD MIDDLE SCHOOL PROPERTY WHEREAS , the City of Englewood and the Englewood School D1 stnct co nsider it to be in their mutual interest to cooperate in the beautification project on the No rth playground area along Broadway upon the Flood Middle School prope rty : and WHEREAS , the Englewood School District shall be responsible for the management of the contract for the installation of a six foot (6') Federal Green ornamental iron work fence , attendant concrete, and tree plantings along the South Broadway frontage of this property; and WHEREAS , the Englewood School District shall be responsible for the cos t of materials and construction associated with the project; and WHEREAS , the Englewood School District shall maintain the fence as a part of its school property in a good and workmanlike manner ; and WHEREAS , the City and the Englewood School District shall split the costs of tlus project 50/50 with each contnbuting $20,000 prior to the start of construction of this project: and WHEREAS , the City and the Englewood School District have set forth their re s pective obligations in the Intergovernmental Agreement : NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Section 1. The intergovernmental agreement between Englewood Public Schools and the City of Englewood , Colorado pertaining to the beautification project on the North playground area along Broadway and the Flood Middle School property, attached a s "A ttachment l ", is hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced , read in full , and passed on first reading on the 18th day of October, 1999 . -1 - .. •, 10 bi I • 0 - • • • • • --.. ... Published as a Bill for an Ordinance on the 22nd day of October, 1999. Read by title and passed on final reading on the 1st day of November, 1999. Published by title as Ordinance No .~ Series of 1999, on the 5th day of November, 1999. ATIEST: Thomas J . Burns, Mayor Loucriahia A. Ellis. City Clerk I. Loucriahia 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 1999. Loucrishia A. Ellis -2- '· . ,• '\. ... ., . ' .. • 0 I • 0 32X • • ,,... . • • -.. AGREE:VIE:--1 BETWEEN THE CITY OF ENGLEWOOD .\N'D THE E:-.IGLEWOOD SCHOOL DISTRICT Tlus agreement, entered mto this __ day of 1999 , by and between the City of Englewood. a Colorado Home Rule '.\fonicipality (herein called "City"') and the Englewood School D1stnct. WHEREAS , the City and the Englewood School District consider it to be in thetr mutual interest to cooperate in the beautification project on the :>.forth playground area along Broadway and the Flood Middle School property; and \",'HEREAS , the City and the Englewood School District desire to set forth their respective obligations: and WHEREAS , the City and the Englewood School D1str1c t desire to set forth theu re spectJ\'e duties . SECTIO:-.: O:-.'"E PL'RP OS E The purpose of this agreement 1s to establish a relations lup betwee n the City of Eng le woo d and the Englewood School Dismct sud: that the parties may cooperate in t h e beauttfic:it1on project on the North playground area along Broadway and t he Floo d :\hddle Schoo l p ro perty SECTIO'.\i TWO CITYS OBLIG.\TIO:'--i'S The City shall have the following obligations with respect to the Engle woo d Schoo l District beautification proiect on the North playground area along Broadway and t he F loo d :\hddle School property. l . The City shall co ntrtbute 520 ,000 prtor to the s tart of co nstruction on t h e proiec t . SECTIO:'--i' THREE ENGLEWOOD SCHOOL DISTRICT OBL!GATJO:-.:S The Englewood School District shall have the following obligations with respect to the City of Englewood and the beautification project on the :>.forth playground area along Broadw ay a nd the Flood Middle School property. 1. The Englewood School District shall contribute S20 .000 prior t o the s tart of construction of the project. 2 . The Englewood School District shall be responsible for the management of the contract for the installation of a si."t foot (6') Federal Green ornamental tron work fence, attendant concrete, and tree plantings along the South Broadway frontage of this property, as shown on the attached "Exhibit A -Site Improvement Plans" designed by Sterling Design Associates and dated September 13 . 1999, which are incorporated herein by reference . 3 . The Enclewood School District shall be responsible for the cost of materials and conatruetion associated with the project. • t t a C h rr. e r. t 1 ' . I • 0 • • • .. • -• l· * . ,,,,. .. • -~ ... 4. The Englewood School District shall maintain the fence as a part of its school property in a good and workmanlike manner. SECTIO:-.i FOL"'R ~!JSCELI...A..\lEOL'S 1. The term of tlus . .\greement shall begm on the date of the City Council approval (the "effective date''), as evidenced by the date first written above and shall continue for twenty-five (25 ) years s ubJect to annual appropriations by both parties. 2. The terms and conditions of tlus . .\greement shall be binding upon the parties unless modified by a wntten amendment or written supplement executed by the parties hereto. 3. Tlus Agreement shall inure to the benefit of and be binding upon the parties. their successors. and assigns . 4. This Agreement is intended as the co mplete integr:mon of all understandings between the parties. ::,,io pnor or co ntemporaneo us ad ditio n . deletion . or othe r amendment hereto shall have any force or effect whatsoe,·e r . unless emb od ied herein by wnting. ::,,io subsequent notation . renewal. add ition . de letion . or othe r amendment hereto shall have any force or effect unle ss embodied in a writte n amendment or written supplement executed by the parties . 5. To the extent that this Agreement may be executed and perfo rmance of the obligations of the parties may be accomplished witlun the intent of the Agreement. the terms of this Agreement are severable , and ,hould any term or provision hereof be declared invalid or become inoperative for any reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach cf a term hereof .hall not be construed as a waiver of any other term . or the same term upon ,ubsequent breac::i . 6 . It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement . and all r i ghts of action relating to such enforcement. shall be strictly reserved to the City and the Englewood School District, and nothing contained m th.is . .\greement shall give or allow any such claim or right of action by any other or third person on such . .\greement. It is the express intention of the City and the Englewood School District that any person other than the City or the Englewood School Distnct receiving services or benefits under this . .\greement shall be deemed to be an incidental beneficiary only . , . Either party to the Agreement may terminate the Agreement by giving to the other one (1) year notice in writing with or without good cause shown. Upon delivery of such notice and upon expiration of the one (1) year penod. all services in connection with the performance of the Agreement shall cease . As soon as practicable after receipt of notice of termination. each party shall submit a statement showing in detail the services performed under the Agreement to the date of termination. 8. Each party represents and warrants that it has taken all actions that are necessary or that are required by its procedures . bylaw s , or applicable law, to legally authorize the undersigned signatory to execute th.is . .\greement on behalf of the party and to bind the party to its terms . 2 • ., ~ .. .. ' I • 0 - • • • • .. ., .·• • •• .. ... 9 . The parties shall maintain all books. documents, papers, accounting records and other evidence pertaining to costs incurred and other performance hereunder and make such materials available for inspection at all reasonable times during the period of the Agreement. On request, copies of such records shall be furnished to the City for the City's permanent records . 10 . The City and the Englewood School District will establish safeguards to prolub1t its employees, agents, or servants from using the Agreement for any purpose which causes or lends itself to create an appearance of impropriety . Said employees, agents or servants shall not seek any personal benefits or private gain for themselves, their families, or others. 11. The parties shall not assign or transfer its interest in the Agreement without the written consent of the other party . Any unauthorized assignment or transfer shall render the agreement null. void , and of no effect. 12 . Any notice to be given hereunder shall be deemed given when se nt by registered or certified mail to the addresses below . Englewood School District 4101 South Bannock Street Englewood . Colorado 80110 City :Vlanager City of Englew oo d 3400 South Elau Street Englewoo d . Colorado 80 110 13 . Notlung herem shall be construed as creating any personal liability on t he pa rt of any officer or agent of any public body which may be party hereto . 14 . The City and the Englewood School District as well as the employees and agents of each entity shall be considered for all purposes of the Agreement. to be independent contractors and not employees of either entity. 15 . The Agreement shall be carried out m accordance with the laws of the State of Colorado. all applicable federal law s and regulations . and all local laws , ordinances and regulations . IN WIT~SS WHEREOF, the parties hereto have executed this Agreement the day and year first written above . ATTEST : CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk Thomas J . Bums, Mayor ATTEST: ENGLEWOOD SCHOOL ~&.lJ~ 3 ' .. .. ', . ' . I • 0 32X ·D- • • .. • .. • •• ... WHEREAS, urban centers like the Englewood CityCenter combine land uses in development patterns that encourage pedestrian activity, another benefit of compact development, and better transit service ; and WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on September 21 , 1999; and WHEREAS, The Englewood Planning and Zoning Commission of the City of Englewood has approved and recommended that the 1979 Comprehensive Plan. Forward Section, should be amended to reflect the support of the Metro Vision 2020 Plan and submit the same to the City Council for approval; NOW, THEREFORE. BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ection 1. The City Council of the City of Englewood , Colorado hereby approves and adopts the following as an amendment to "The 1979 Comprehensive Plan(Mas ter Plan)." The 1979 Comprehensive Plan, the Forward Section. be ame nded by adding thereto the following statement as number 8 , to the "Goals": 8 . Support the regional strategic growth plan for the six-county Denver metro area , Metro Vision 2020. including the Urba n Growth Boundary, which encourages infill development and di scourages urbanization beyond a designated 700 square mile area . Introduced, read in full , and passed on first reading on the 18th day of October, 1999. Published as a Bill for an Ordinance on the 22nd day of October, 1999. Read by title and passed on final reading on the 1st day of November, 1999. Published by title as Ordinance No .~ Series of 1999 , on the 5th day of November, 1999. 0 ATTEST: Thomas J . Burns, Mayor 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 1999 . Loucrishia A. Ellis -2- ., .. .. I • 0 • • ( I :lj t • • .) O!'<NAMENTAL. I~ 9MAl..l.. CCN'Ollil'1 TO ALL DETAIL! ANO !PECIFICATION& ~IDED IN Tl-IE!. e~ACWA.T &TAND.AlltC I~ PAOCAC.E <'912'°"> ~P.ARED FOR n.lE C ITY OF ENC.LEWOOO . . 4' • ,• • ... &'128. l"IQ&TII 14 C1oo1UGa 1W Ill.AT &T'l!l!L CN" 9PACINC, IO' OC. -,,16 -l"LAN 2' • I' • J11•• -1'1MU'AC11.MD CMMEL &TOCK WI Rl'CMEO MOLIH .._ -Te 1n · >< 112· Mll.tD eT'l!IIL .-.c:KETe ,. o,:;. FACINC', 3 -1 12• x 3 .. 1»,....• IIC 114• &TDL ACCINT TILE ~--... .; . -• • -- !..--"· -w . .J.: ::, I i=::U 10 · -r.:::·u -,1 1 ~ ;. {~1i-:ir ~~· . q,,-.p;!:'.i ... •·. .. .· ... 2' IIMDE • 4' TWMCK ~ l"oAP J eueGIIAQI •. ~-;.L EA i ;· . -: j . . ';-·i:::--c:oNCMTI! l'OCffltO ... D!4 2,• MIN. Del"1M .U .· ·• 1ifu· 3Ne~,~- J: . i :~-=-: 11=-=-111-:-:11 1· 6 1 Oi;!NAMENT~ I~~ 0 -----------··-···-·--- • • 0 ::O IL IIUIIC,0(9IQl ~llS.U.C ... .,,.1., ... ISSU ES It R{\ll~ON_S'------ H(),: I 0 " ll 8/'!./99 OCSCR!P TION rOR RfW W ANO P(AWIT NO.• 1 DA TL 9 /1 J/99 Of. SCRIP TION r OR BIOOI NG NO C'I AT( O(';(RIP OON No -04-,L /"It .. ,L RIPflON "" l1 A rt IM C.CPIP 110N DAi l '>CAL[ 812199 NTS r ROJr L I tr,tAN AC(R PRO..t.C1 NO. WTS DR AWN AY UH .A WIN G r1t.r WTS PROS.Cl . BY WT'5 8Y WIS "' a, ., Flood Middle School 3695 S. LINCOLN ENGLEWOOD, CO. 80110 CITY OF ENGLEWOOD OFFICE OF NEIGHBORHOOD AND BUSINESS DEVELOPMENT 11 W. OLD HAMPDEN ENGLEWOOD , CO . 80110 Sl1l Cf ff'L( DETAIL SHEET $U(I ' NUW8 (R 2 of2 I ,, ~ ':."·. .. "'· \ • .. • • w J\) ~MOVE J a?EMOVE ' .iEMOYEJ >-'<l 3 () '<l ~ Ill d) i!EMOYE J ~MOv'E ! ·:.: ·~ ; , • • 0 { i l<ZI'; TYF> ! . /-- 8 '.,- / ..::-" ~AMPDEN AVE. <ON-RA.MF) .: .;. ... (~MAIN! . :-.. -~ e·/ --!END OF-UJALL fl!EPAIR AT .JOINT. 8 ' \ ______ --· AMUR MAPLE r: 112" C..l.L ,' ----·-------E,' S B~ADUJA"T' IRO!lUJO~ CENTERED ON 2' CONCRETE PAD t A"'PROY. 138 L F > ASP,...J.L T OVERL-n B Y SC..IOOL CIST"11CT .J.SP'-'.l.i.. T .:.ND CONCRETE CUTS n P ______ _:__. ---51,,;REDDED CEDAR MULCi-1 TTP UJET SANDBLAST UJITi-1 SPEC IF IED C EM ENT COAT ON EY ISTINu WALL r A~X E>00 SF OR 20C LF J -·--·--·---PROV IDE ,rr E X P . M..l.TERI AL 6ETWEEN W.!.LL -lND P.l.C:. STEP CONr.-TE PAD .IS -.;a.Jlfa'E D >=O'< D R l o/E W.l."r M.:.TC..I L INE -,-, "'C'---~ I I FLOOD MIDDLE t SAWCUT AND REPLACE E:·t STINC, CONCRETE ..).5 REQUIREC PRQv1: l '-RIC.ATION SLEE ·~INu UN CER .l.LL i" ..• I r~.:::11_.. .. ;:::.~ :.,t .. . ,, ) ~ ,· \ • • • ·' :• (,.) N X :::1-+00L : C-A55 200 FVC 4~1NG ( • • • 0 • ) 01 It:: IM~~UVEMENT FLANS Flood Middle School -North Lot GENERAL NOTES &.AFE TY CONT~CTOR &!-!ALL MAINT...._ A &AFE wc::,19:; .AIIIEA AND l"'lil0V1DE ALL -IC CONTOL AND OR TE~llrr, !'£NCINC, A& NECE&&_.,.-eY T><l5 W011iK 2 COMFLl~CE CONSTOiUCT ION &,.;ALL COOFOIIIM TO ALL AP'P'I.IC.AeLE &TATE AND LOCAL CODE& INCLUDINCs ENCaiLEWOOD F'\J!!ILIC &c><OOL Cci..DITI ONS FOR 11/0foKINC, ON SC.OOL G~D5 ICONDITION5 70 eE lli!EVIEII.IED WITM CONTll!ACTOR AT 1"11,£-CON&TRJCTION MEETIMG.1 3 . GUARANTEE ALL MATERIAL:> .>ND WOllilCl'"IAN&MII" &MALL el: GUARANTEED FOR ONE YEAR FROM DATE OF FINAL ACCEPTANCIE, AT NO ADD ITION A L COST TO TME OII.NER. 4 . COMPLET ION ANC:, MAINTENANCE A FINAL ACCEPTANCE . WITMIN .TEN DAT& C,, CONTll!ACTOR'5 NOT ICE T"iAT TME ENTll'i!E PROJECT 15 COMPLETE . T"iE: LA. &MALL lli!EVIEW IN&TALLAT ION. IF FINAL ACC EP TANCE 15 NOT C,l \il:N. TME LA &I-IALIL l"IIIEF'ARE A~ LIST OF PENDINCs ITEMS T'1f "°U'a O< LIST IT EM5 &,.;ALL eE COMF'ILETED e T TME CONTRACTO!'I WITMIN TEN CALENDE .. DAT5 "ROH DA TE 1551JED sue&EQIUENT !i!EY!EW AND AF'PROVAL !?>MALL &rc.Nll'Y ACCEPTANCE 6 . MAINTENANCE ALL LAND5C-APINC. e..ALL 6E MAIMTAINED F"10/'1 1N&TALLATION TO FINAL ACCEPTANCE MAINTENANCE &MALL INCLUDE WATE R.ING, FERTIL IZINCs , IIEEDING MOWING, TRIMMINCs ROL LINCs , !i!EGR.ADINC°a, !i!EPLANTING, Dl&EA!IE AND INSECT ~TECTION !, SITE COND ITlc,t,<5 CONTR,,;CTOR 5,,1.J.LL VI SIT rl,£ &ITE -IOR TO eueMITT ING ANY !:>IDS AND F AMIL IA!i!l ::E '11M&ELF WITM ALL .>.5PECTS OF T"iE 11/0foK TO el: PEIIFOl<MED. COO!,!DlNA7E WITM OTI-ER CONT~CTOR5 ,..5 lli!EQJll'i!EIP e-r wo,;,c. FIELD 111:!i!IFT ALL Dl'1EN5 10N5 AND ELEVATIONS PRIO!OI TO BEC.INNI""' WOI.K NO LANDSCAF'E OR CONCRETE~ !:>MALL EIE F'E"""'-MED eELOJJ -:e· ~ t, lillAMAGE AND CLEANI"<(, CONT~CTOR 5"'.J.LL l'<EPAlll"t OR REPLACE ALL ITEM& DAMAGED DUE TO TMl5 ~ AT NO ADD ITIONAL C05T TQ) T'1£ OII.NER CONTll!ACTOR &!-!ALL L OCATE ALL E X . UT ILITIES B . CONT~CTOR SMALL CLEANI ALL AR.EA& DUE TO TMl!l woo.KAND PROl"ERI.Y REMOVE A LL UNU&ED MATERIALS FR.OM &ITE . 1. lli?IGo"iT OF !'<EJE CT ION OUNE!i!ILANDSCAF'E A!i!CM ITECT lli!E&E!i!\11:5 T'E "fie.MT TO REJECT AN Y MA.ERI AL5 AT ANY TIME ALL P LANT MATE:lli?IALS !MALL MEET T"iE MINll"1\l"I CU 'li.ENT ""1'1 ER IC AN !lTANDAi.:c:>5 FOR NUR&EIOT !!ITOCK" BY Ti.£ AMERICAN A560CI ATION OF NUR5ERTMEN e COO!'IDINATION COORDINATE ALL WC>l<!I: WITIM Alin SC leELL I 13'?>3-162 -73 18 1 c 1n OF E...C.L E.JOOD AND LAili?RY NEY.:IIT (:;03 ---2G!/J81 J ENGLEWOOD PUBLIC sc ... OOLs ALL WOfi!<. 5'-<ALL BE COMPLETED WITU IN 1!, ::>Ave; OF CONTRACT AWA,;::) SUBMIT CON5TRJCTI O,, 5CME:::>UL E UJALL REPAIR NOTES ~PA=TION EXISTING FENCE REMOV AL EIIY SCUOOL Dl!l~ICT Rl=.PA l«il: At-0 P.O.TC~ T""E OE.TE~IOll'c.ATED ~D DAMAGED AREA5 CF T..4E UJ4LL INCL UDINu F 1LLINC:i IN Ti-1C J:E-..c e p os,-'-!EMA!"lS fl"IQ:O Y DE 1(?)4)00 F5t UJA'!"C ~ !: ·"4 06. A ~TI~ CEMENT COAT AF'PL T TU.O COATS SU... Top ..._. ,-OL YMElll•MODIFIED F~TL"ANO c'f:Mt -C ?..:. •1"'6 ..-,;tc,ytt)E .... ACE Pfll:.P,. ...... IX\Nei, ,,._...,,_JCATION A.NC Ci.JRINC,, F'E~ MAN.$.C.t" 'T 11a;:ia::p • --·-·---·--· ----~ PlilOfDERT'T LINE / T~IC 5URYET NOT PllilOYIOED BA5E il#OIOl'1A TION OBTAINED e Y OIELD MEA5UIIE"!ENT5 BY 5 T"E~l>G DE!>IG!N. OU£" ~ALL l!lE lii£5R'.>ISl6LE F=~-~~~~~T& SUILT FfilOM T._.IS N=ONMAT'.~ ~ .\'terlin.~ Design A ssociates, lie CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 5430 WfS 1 GEDDES AVEIWJE LITTLETON. CCXORADO B0128 PHO"E JO:J.7114-4 727 FAX 303-91?-8 768 j · • • ~ • I T A ~ <>< • ~ , , I ) • • •I " , . , er • -- f ll.EMOYE J (A ·----i,• WIDE DOUe.LE 5UJ INIJ G ATE RE , DET A IL!!>, -ET 2 Lr+J.c ---STEP CONClli!ETE PAD AS REQUIRED FOR DRIYEWAT /~MOVE ! /lli!EMOYE J /REMOVE ; I ~·1 · I / t ,-4 PRINCETON SENTRT C,INl(CsO '3" CAL./ ,. / ~DDED CED A!li! MULO. n P i --,END OF WALL lli!EPAIII< . -·--.... ---! I I I I I FLOOD MIDDLE 5C~OOL 1 ------··-SAWCUT AND REPLACE E X l !:>T INIJ I ( CONCRETE A& REQUIREC PROVI DE I : 1RR1uAT 10N SLEEVINu UNDER A L L PAVING. ---.1 _ ---·- MATCt.. LINE CALL UTILITY NOTIFICATION CENTER OF COLORADO 1-800-922-1987 ~ 2-91.181Eaa DAYS Iii ADVAHCE _.ORE YOU DG. GRADE. OR EXCAVATE FOR THE IWIKNG M LNJEAGfl()l.N) MEMIIR UTLflW8. • • 0 I ~ r: ·1 \ ) I -C' ? IC '<C '<T-;,::.:.!..E I" s .:; ·= · ;!(!) ! 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C>eTAIL.&. !IT~ AIC> C&JT TREE6 l"l:R DETAIL& BACICFILL WtTi. 1/3 &OIL ~ AIC> 2/3 &!TE IOIL.. FERTILIZE WIT>' C0!1F'RE!>6ED "6Rf•f'Ole"1 TAeLET!!> l"t!lt M~.C~ .-Ec:ol"t'IENDATIC)N5 2. r-\.lLCM INf>TAU. l"IJL.c:;... A MIN!ru1 ~ •• !DeE~ ~ P9WITI !"RO 5 ti.EEO FABRIC: MUL<;>' TO BE AN Al"!"!ilOYED UE:5 TEIIN ~D> C:E9M. FL.ANT LIST -'1.1.!lt,. ~~TAN ICtAL N.M'E DECIPUOU5 Tfi<EE& !I -INCETON ~ GIINC60 Cal'"'90 b lloba ,..,_ ~· -MAF'LE ' .oi.c.9in,,a 1a IRRIGATION LEC=?ND SE )' CAL. 2 112' c:;AL.. 6YM. MA!oU'. MCD~r DE_5C_llt_lPIT_ION _______ _ S t>etRD XCZ ·"1!:> CONT!IIOLL. VAI.L YE F011t D llt!P 1-....mON. INSi.41.L.ED IN VAL.I/£ IIOX. W1 T"' IN!. !1"E "'IL Tl!lt A,,o I F'l<E&SUIIIIE IIE<iULA T~ S°ul i lNBIRD ><ER i • D lltlP Dl&lffltfBIUTION TU9N:°a TUBE MINll"\.M t:DE~1M OF CO\l'Ellt TO eE ••• ,INl!!l"'I:) >G!lltt..euc. !>INC'II..E ~Lffl l!!'f'llff• INBIRP T&·C>2~ TUBING, &Tl'-.! INBIRP DT·IZl15 EM ITTE" 1T\8Nllio 1!1 I~ 16oV•FDY FL.U&oJ v-.YE. ~ FULL C~. 6T~D. e,e. SF'EC:IMEN ~AL.ITY FULL.C~. !>TAl'f:D, e,e. SPEC IMEN QJAL ITY ','N\.IIIG .'?'..,::,.~~.111\ll• I Li- 1, .ut ':I Ir~• w,11,u NO-I U•'! ;, .,/'•l.f l=l l Wl t, 1,1 ',( ,~1, lit:, t II 1 1 IIF .. A ... 11 f'f ~Wl 1 . .. """ 11,'''•1f1 f•I .,J 1o111•n,i,,,. I 1>, I/IIIIIINI , l"!AII ·•·' l•t .11,•• 111 •, 1"11 :Jt 'tl,1<'11'11, ~. 11 /1 11 812199 l 'kl .... : "ANA(,t I~ WTS !•Iol a·•· 11, WTS l •t-•>J f I ..,,.,1 ,. = 10'-0' 1 w,,, 1 Nn \/f.AWl t<t llli II • WI Flood Middle Sc~ool 3695 S . LINCOLN ENGLEWOOD , CO . 80110 CITY OF ENGLEWOOD OFFICE OF NEIGHBORHOOD AND BUSINESS DEVELOPMENT 11 W . OLD HAMPDEN ENGLEWOOD, CO . 80110 ",Hftl I 'II SITE IMPROVEMENT PLAN. -,,11 1 I '•,Iii ~!,, 1 of 2 , ~ . ': ·~~ \ . .. ,. ' ' ' ' ~ . 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EMITTER IN!T ALLATION 0 ~ TO&CALI! ---------------- • • 0 4 ' U OE l!!l"f •· Lo«:.! /-- . .......-···-__ .,.,,,,.. ....... ,,.,,,..--·· /-- / ------ 0 0 NCT O.JT L!:ADt!R ~ DAM.AGED Olll DEJ.C "'°'° 1'9"1EO IATEL l P'91l.1Ctit TO Pl...AN TtNG.. ILlllAP IENTI .. !MIii.AC! ~ T"1.H( TC SECC,.C eftANCI.I WI T'M &fDECIFt ED T.-£ IJlltAP ""T..:.TER1.,,.L_ ""° M!~ ~ TllleE 6'~ ~T &0 ~ c,ui ..i-U "'""'-"CTtOIJE- ~~I~..{ 2•· LONat l"'VC 191i-E MfC7,::t,,i ~ I~ ~ GAL v'ANIZJ!O IUIP'E-00.JeLE & TR.ANO T\Ul6T!:O w.t.T!:,. fllM) • IN6T.ALL Al'~ ::;. 191..AINTING, 1IIID"'IOVW ~ TO tllOCI( MJL.Cw A191"'1.l~TION 6 ' &TWEL T-fl'06Tt2 l""JN.l f 4' l!~D• 19\..»<41' ~Li-M~III TWAN 11,1,flCM IT~ ~T.oll(E ALI. TN:H )" ~-""° IH)l!R ~., l"C'6-9.Alll(f"I.LCWflll!tlfllL.tiN& l<OL! IIMOULD "'4"1! ~ ~IDU ---~-,~6'-EP6'UDE '- CUT MC ~ eulll.....,. """"1 TO.-AND &IDES ~ -=>OT'B.a..1.. llle"IO._,. ALL. WIM:6 MrCl NTLON TIE6 di TM8 16 IN FINII fl'OT. ~~TC ,a\.ANTN:', -, ~ OIi a.rieLING ,oc;,oTe,,l,U. .. LL IIE MJEGTE> ~--.. LI.NOTIIEM< 1!.-<CU61! "°" OAM-~LI 6T.oll(E TO E><TIND 1'1h l4" -.To IH)ll.,_P IOIL 5flll!CFIEO l!IAOCl'ILL f"tl;.,Nlla MC; lletlffJL IZl,- ~rCATION. DECIDUOU5 m!:E PLANTING © NOT TO 6CALe . I ) • ,9 • .. • .,., , ·' , • , • 4 • '"!·· ORDINANCE NO .~~ SERIES OF 1999 • ~ --• .. • • BY AUTHORITY .. .. ' •, COUNCIL BILL NO. 64 INTRODUCED BY CO UNC IL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EASEMENT AND THE ACCEPTANCE OF NEW UTILITY EASEMENTS LOCATED AT CITYCENTER ENGLEWOOD. WHEREAS , the redevelopment of the Englewood CityCenter requires a relocation of the existing utility easements in Lot 1, Block 9 , as shown on the Final Plat of Englewood CityCenter Filing No. 1, as recorded : and WHEREAS, the utilities are to be relocated in a new easements to be s hown on t he Final Plat; and WHEREAS, the City will accept the new utility easement as described on the Final Plat as recorded ; and WHEREAS, the City wishes to vacate the current easement a s described on (Attachment A); NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The new utility easement at CityCenter Englewood , is accepted and approved when recorded . Sectjon 2. The vacation of the current utility easement at CityCenter Englewood , attached hereto as "Attachment A", is hereby accepted and approved by the Englewood City Council . Introduced, read in full , and passed on first reading on the 18th day of October, 1999 . Published as a Bill for an Ordinance on the 22•d day of October, 1999 . Read by title and passed on final reading on the 1st day of November, 1999. Published by title as Ordinance No. ~ Series of 1999, on the 5th day of November, 1999. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk -1- ' . ., ,,; .. ' ., ~ .. • I ' 10 b iii I • 0 32 I - • t • • • .. .. • ••• .. ... I , Loucriahia A. Ellie, 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 1999. Loucrishia A. Ellis -2- ' .. ... '· . ... , . ', • I ' . .. . I • 0 32X .] • )' • .. ,. --• . ··•, .· .. .. • • " ... ATTACHMENT A Vacation of a portion of the Water and Sewer Easement recorded in Book 1807 . at Page 691, and as amended in Book 4345, at Page 703 , Arapahoe County Records . All that part of the Water and Sewer Easement recorded in Book 1807 . a t Page 691 , and in Book 4345, at Page 703. Arapahoe County Records. lying within the following described parcel : That part of the Southwest one-quarter of Section 34 , Township 4 South, range 68 West of the 6 1h P .M., more particularly described as follows : Commencing at the Southwest corner of said Section 34 ; thence South 89 degrees 50 minutes 22 seconds East along the South line of the Southwest one-quarter of said Section 34 , a distance of 948.07 feet ; thence North 00 degrees 01 minutes 23 second s East along the Westerly Right-of-Way line of South Ela ti Street and said Right-of-Way extended Southerly. a distance of 430 .59 Feet to the True Point of Beginning: thence South 89 degrees 53 minutes 01 seconds West a distance of 626 .19 Feet to the Centerline of South Galapago Street extended : thence North 00 degrees 09 minutes 38 seconds East along said extended centerline. a distance of 846.96 Feet to a point lying 45 .9 Feet southerly from the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 34 ; thence North 89 degrees 53 minutes 01 seconds East, parallel with said North line a distance of 624 .16 Feet to a point on the aforesaid Westerly Right-of-Way line of South Elati Street; thence South 00 degrees 01 minutes 23 seconds West along s aid Westerly Right-of-Way line a distance of 846 .95 Feet to the True P oint of Beginning. To be known as: Lot 1, Block 9 , Englewood City Center Filing No . 1. -3- ~ ~ ' ' .. . ' ., ) I • C, • ( • • ,) .. ... I II ' ·L 1 ·09'J8' IJ . 263.37' S 00'09'38 IJ S 00'09'3R' 1,1 i:'6?00' 47 .0f!.'. ~ ; ~ _ RACT •1•' 1.139 ACRES t PAGO ST. <PRIVAID , ~ :OJ 'JS' N i,(, J 10' [ 84t>.'ii,' ---; -~ s. G !.:J!!.'._[ .. ,. ZIV> Q), ... '° ,n Lft ui -----:--:---,,; ~n~O:A~/~T~I ~-;[~ ~A;(~~r~ -=--J "t t / =i : : ; r- 1 I / ~,~ / ( : • ui I I "' . -I : ,n ~ I / i.J,N lioJ,,J 0 I I z <. ~-~,i I l-i-: :! --: I 11 ~ "' / "' ·. • ) I ' ,, I I I l._ { ~ ~ / "le / j . z r1 I(;.) I z 1> : I , :::, . ~ )> •4 I • ' ( ~ I ~ : ! f /\~ I .1 I l: gf ,. Bzt // Ull~C ,l_! 12 ~ ~ :2 I I / / ~ 2 ;~ ~ I I D I a, -<. ::l UI -< / / 1 -1 . v,t:I b I V1 r. "? ::s ~ ru . r:J -!_!I 00~:i.l?!JJ (~ ... • -< ml~ l<ri), l_ .-vi'' 90ou · / ~-d "?I ~ lni i U1 ~'; / 1 11•1 - &; 1 c 1 "? ,-.... °' r ..=i ,. • N llr. ~ I ni -1 t--() D v,f., / •• '-<, l:lll1 i:;J - (J) I r IM O f, 1> -i -' / ~ . rn tn : !'.! l'l :' z ·1 -:; I ~ n ::lB // , "' i~: ,*if,;· ?! 7 "l l -D ·D / ~~ ~, 9 '/ / " ' ' "" "" ' .-: -~ ;o .... "''"' ~ ,., ' ,0 II (, d s. F !Tl ..._ m / "-I>< , I> -< -I v, I !I , . , -, r , . L•, I ~ I I~; I ,~,~ -ru ,~YiUI ~ ~ ~I l oo UI • "I I ~, I I I I I 1 L. vi / Pi iB: c~ - • I+ / , n t'6 ; ""'! .,. " I / r:1 c:O re W I / -/ / ~ r~'}. :-;· C? . . s . ·;_ -< ~ ;o I / • / -< ' ,.,~ b ,., t J, ,n ,. < :i-~-..; VI I -z• // ~ , rlru r, t ~; I ~ i I I I L__ ~ ,~ r-: ~ I ru -..J '-, I I I ___ / ~ I . '--!-: (J\ I ---168:18' ! '--1-1- S 00 ·0 1?:i · U •If , c;·, · ,1G Oli ' soo ·o1 ·2J"w s. ~N~ \J li e' S \J l/4 SIJ l/4 SEC . J•---· I ---·-·---·---0 S. F 1110.57' I , I -. ......_ I r ------· \ r· I \ ~ ----1 • • 0 w I . ......... ,. :. • I \ • • • , •1 ., ,I .. . • ~ "'· '- ~ . .. • • .. .----------------------------------- , . . . Data November 1, 1999 INITIATED BY ,,-. • • -' COUNCIL COMMUNICATION Agenda Item 10 Ci STAFF SOURCE ... Subject Contract for construction services for the trickle filter chemical building remodel. UE WWTP Supervisory Committee Stewart H . Fonda . Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the project as part of the 1999 budget process . Council also approved the purchase of replacement storage tanks. RECOMMENDED ACTION The proposed action is to approve by Motion the contract for construction services from Glacier Construction Co . in the amount of $32,969 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Trickle filter chemical building provides storage for chemicals used in the plant 's odor reduction system . The chemical storage tanks installed in 1993 have deteriorated to the point they need replacement . Industry standards developed after this installation recommend replacement of these tanks every 3 to 5 years the plants experience coincides with this recommendation . The method to replace these tanks is to remove a 12 ' x 12 ' section of the masonry on the side of the building providing access to remove and install the tanks . Due to the frequency of tank replacement , permanent installation of wider doors and miscellaneous improvements to facilitate removal and installation of replacements is the best course of action . Bid packages were released to six companies and two bids were received . Staff reviewed the bids and found them to be responsive and the price of $32 ,969 .00 is in accordance with the architect's estimates . FINANCIAL IMPACT Funds for this project are contained in the 1999 budget. The cost of the construction will be split 50/50 with the City of Littleton as a capital expense . LIST OF ATTACHMENTS Memo of Recommendation Bid Documarta ,. I • 0 . J- • l • LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S. Plane R;.. Dnw Englewood. Co1oraoo 801 10 (3031 792.2900 FAX 792·2820 MEMORANDUM TO: Dennis W. Stowe, Plant Manager • • • - ~: ./ Cit of 9 litt?etoo ( ( FROM: DATE: Joseph G . Payne, Maintenance Division Manager October 19, 1999 .... .. .. ... Cityof Englewood SUBJECT: Technical Evaluation and Recommendation for Trickle filter chemical building remodel. Bid packages for this project were distributed to six contractors for construction services. Bids were received from two vendors. Glacier Construction Co . in the amount of$32,969.00 and Genesee Builders in the amount of$34,750.00 Darwin Barrie and Joseph Payne reviewed the bid packages . The bids were responsive and technically acceptable . I recommend the contract be awarded to the low bidder Glacier Construction Co . in the amount of $32,969 .00 . DJB .. I . ' . I ) I· 0 32X • • ; . • ~ I City of Englewood Bid Tabulation Sheet Bid Opening Date: October 19, 1999 10:00 a.m. Bid Item: Chemical Building Remodel Vendor Cost Price Bosco Construction NIK 303-299-1221 fl5U S . R•clne Cir. Englewood, Co. I0111 M & M Con91nlc"-• N/R 303·117-1751 1200 S . Quebvec Englewood, Co. 10112 Glacier Constuclion Co. $32,969.00 303-221-5313 9115 E Kenyon Ave Denver, Co. I0237 CET N/R 720.875-3382 7032 S Revere P•rl<w•y Enr,1-ood, Co. 80112 GenesH Builders $34,750.00 303-526-2813 23fl95 Current Dr Golden, Co. 80401 MIiestone Construction N/R 303-936-3838 878 S . Lipan St . Denver, Co. 80223 z NIR NO RESPONSE .. ' • .. • - 0 Addendum Exceptions : ACKNOWLEDGE INUNt: LISTt:D ACKNOWLEDGE NUNt: LIS I t:U 0 Page 1 chemical bu ilding remodel • • • -• ~-----------~----------------------------~ ORDINANCE NO. SERIES OF 1999 ' . '•' .. .. ,,-. • '· ,. • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 68 INTRODUC~ MEMBER_.~ ................... == ....... - AN ORDINANCE AUTHORIZING THE ·'CONTRACT AMENDMENT #1 " TO THE INTERGOVERNMENTAL AGREEMENT BET\\ EEN THE CITY OF ENGLEWOOD , COLORADO AND THE STATE OF COLORADO FOR THE USE AII/D BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (COOT) FOR THE COl\STRU CTION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDU.NS ON BROADWAY BETWEEN U .S . 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood passed Resolution No. 3, Series of 1996, which authorized the City to apply for Federal funds under the Intermodal Surface Transportation EfficienL'Y Act (ISTEA); and WHEREAS, in 1997 the City initiated the South Broadway Corridor Action Plan: and WHEREAS , the City Council of the City of Englewood passed Ordinance No . 41 , Series of 1998 authorizing an Intergovernmental Contract between COOT and the City for the design of the project of widen and create medians on Broadway between U .S . 285 and Yale Avenue : and WHEREAS , the passage of this Ordinance will amend the bas ic co ntract dated August 6 , 1998, in order to add the construction budget for the proJec t described in the previously executed r.ontract; and WHEREAS, this proposed Amendment provides for the Federal Pa ru c,p a tmg Funds to be $2,980,000.00, the State Participating Funds to be $370 ,000.00 , and Englewood's Participating Funds to be $375 ,000.00 and Englewood· '.'-i on- Participating Funds to be $4 ,767.00, for a Total of $3 ,i29,i67 .00 : NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO U. CIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood , Colorado , hereby authorizes the "Contract Amendment #1" to an intergovernmental agreement with the State of Colorado for the use and benefit of the Department of Transportation (COOT) for the construction and funding of the project to widen and create medians on Broadway between U.S . 285 and Yale Avenue in the City of Englewood , attached as "Exhibit A". l{ lL ,· Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Contract Amendment #1" to the intergovernmental agreement with COOT for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 1st day of November. 1999 . -I - ' . ., ) I • 0 - ... • • ) '-- .. -· • I• j,, . ' . . .. ,..,· .. ·. • •• .. Published as a Bill for an Ordinance on the 5th day of November, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lorado, he r e by ce rufy that the above and foregoing is a true copy of a Bill for an Ordina nce . introduced , read in full , and passed on first reading on the 1st day of November. 1999 . Loucrislua A. Elli s -2- .. ' • I ... 0 I • 0 32X • • .. ~ -· • ·,' .. ·~ • • ' ... 0 STU 2854-071 (11999 ) WIDENING BROADWAY: US 285 TOY ALE A VENUE City of Englwood/R6 (JRI) 00 HA6 00037 CONTRACT AMENDMENT #1 TiilS AMENDMENT, is made this __ day of . 19_, by and between the State of Colorado for the use and benefit of the Department of Transportation hereinafter referred to as "the State" or "COOT" and the CITY OF ENGLEWOOD. ST A TE OF COLORADO, 3400 South Elati Street. Englewood. CO 80110, FEIN: 846000583 hereinafter referred to as the contractor. FACTUAL RECITALS I . Authority exists in the law and funds have been budgeted. appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number.WO , Appropriation Code 010, Organization :-l"umber 9991 , Program 2000. Function 3301, Object :2312 IP , Phase C, Reporting Category 6240, Contract Encumbrance Number 11999, (Contract Encumbrance Amount : 53,173,750.00). 2 . Required approval , clearance, and coordination have been accomplished from and with appropriate agencies ; and 3. The parties entered into a contract dated August 6 , 1998. for the de s ign project for widening Broadway at US 285 to Yale Avenue, including new signalization of the 285 Broadway Ramps, modifications to two ramps and associated improvements, and reconstructing Broadway to accommodate raised medians from US 285 to Yale. more fully described in Exhibit A attached to the Basic Contract . Routing Number 98 HA6 01077 . 4 . The basic contract is still in effect and provides for changes to its tenns and conditions by written supplemental contract; and 5 . The parties now desire to amend the basic contract to add construction budget for the project described in the previous. J executed contract , Routing Number 98 HA6 0 I 077 . 6 . Thi s Amendment is entered into pursuant to the provisions of Section s 24-30-140 I et seq ., 43-1-106 , and 43-1-110, as amended. NOW THEREFORE, it is hereby agreed that I. Consideration for this Amendment to the Basic Contract dated August 6, 1998. Routing Number 98 HA6 01077, consists of the payments which shall be made pursuant to this • • ~ ~ I E. I T .. ' ' ' . ., I • 0 • • • • r~ •.., .. • ', •• Amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this Amendment is supplemental to the Basic Contract, which is, by this reference. incorporated. and made a pan hereof. and attached as Exhibit A, and all tenns. conditions. and provisions thereof, unless specifically modified herein. are to apply to this Amendment as though they were expressly rewritten. incorporated. and included herein . 3. It is agreed the Basic Contract is and shall be modified, altered. and changed in the following respects only : a. Section V.A., Project Funding Provisions, shall be amended as follows : V. PROJECT FUNDl'.'IG PROVISIONS 1. Paragraph A, of Section V of the basic contract shall be deleted and a new paragraph A shall be substituted which shall read as follows: A. The Loc:i.t Agency has estimated the total cost of the work to be S3.729.767.00. which is to be funded as follows : 1. BUDGETED FUNDS a) Feder:i.1 Part icipating Funds (80% of $3 ,72 5.000.00) b). Loc:i.l Agency Participating Share (10.1% ofS3.725.000.00) c ). State Participat ing Share (9 .9% of S3,725.000 .00 -'.'/OT TO EXCEED) d). Loc:i.l Agency Non-participating funds TOTAL Bt:DGETED Ft:~DS S:2 .980.000.00 S 375 ,000.00 $ 370.000.00 S 4.767 .00 $3. 729,767.00 2 . Paragraph B of Section V of the basic contract shall be deleted and a new paragraph B sh:i.11 be substituted which shall read as follows : B . The matching ratio for the federal participating funds for this project is 80% feder:i.1-aid funds to 10 .1 % Local Agency funds. and 9 .9% state funds . it being understood that such ratio applies only to the $3 ,725,000.00 that is eligible for federal participation , it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total actual cost of perionnance of the Work exceeds $3.725.000 .00, and additional federal funds are made available for the project, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non-participating costs : if additional federal funds are not made available, the Local Agency shall pay all such excess costs . If the tot:i.l actual cost of perfonnance of the Work is less that $3 ,725.000.00 , then the amount s of Local Agency and State and federal-aid funds will be decreased in :i.ccordance with the funding ratio described herein . 3 . The figure of $336,000 .00 shall be deleted from Paragraph C of Section V of the basic contract and the figure of S:2.875.000 .00 shall be substituted . ' . ) I • 0 J- • • • ... • \. -.. 4. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment or any of its attachments or exhibits, and any of the provisions of the Basic Contract, this Amendment shall in all respects supersede, govern and control. The "Special Provisions" shall always be controlling over other provisions in the contractor amendments. The factual representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. S. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFfER THE CURRENT FISCAL YEAR ARE CONTINGENf UPON FUNDS FOR TilA T PURPOSE BEING APPROPRIATED. BUDGETED, AND OTHERWISE MADE AV All.ABLE. 6. TillS AMENDMENT SHALL NOT BE DEEMED V AUD UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSIST ANT AS HE MAY DESIGN A TE. ., " ' . ) I· 0 32X - - • • ,. ~·, , .. •· .. .. -·· • • •• .. .. .... IN WITNESS WHEREOF , the panics hereto have executed this Amendment on the day first above written. STA TE OF COLORADO Bil.l. OWENS, GOVERNOR ATTEST : BY~~~~~~~~~~ Chief Clerk Contractor: CITY OF ENGLEWOOD Title Mayor ATTORNEY GENERAL KEN SALAZAR BARRY B. RY AN Assistant Attorney General Civil Litigation Section Executive Director, Department of Transportation ATTEST (Seal) BY~~-,-..,....,.----,---:-c--:-:---~-I.oucrishia A. Ellis Title City CJert APPROVALS ST ATE CONTROLLER ARTHURL. BARNHART .. ,. .. ', . ' 0 I . 0 32 x I ]- ------~------------------·-.------------------------ Date November 1. 1999 INITIATED BY ,,... .. • • - COUNCIL COMMUNICATION Agenda Item 11 a i STAFF SOURCE Subject Intergovernmental Agreement with COOT for Construction of Broadway W idening and Medians Department of Public Works Ken Ross . Director of Public Works Rick Kahm , Capital Projects Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action continues implementation of the "South Broadway Action Plan". Council's goal is to utilize intergovernmental cooperation on projects that benefit all parties. Council approved the following regarding this project : • Resolution No. 3 , Series 1996, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (!STEA) on January 2 , 1996. • Ordinance No. 41 , Series 1998 approving and Intergovernmental Agreement with the Colorado Department of Transportation (COOT) regarding funding the design of this project . • Approval of a contract, by motion. with URS Greiner for design of the project. RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation . The agreement covers financial commitments related to the construction of "South Broadway Widening and Medians". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City applied for and received federal participating funds for the design and construction of this project . The project includes the installation of landscaped medians on South Broadway from Yale Ave . to Hwy . 285. Detail s of the project were distributed to Council at the September 20 , 1999 study session . In June, 1998, Council approved an Intergovernmental Agreement with COOT to fund the design of this project . URS Greiner was selected as the design consultant and the design is in the final stages . This ordinance amends the COOT agreement to include construction of the project . Construction is scheduled to begin in February , 2000. FINANCIAL IMPACT The original Intergovernmental Agreement required the City to contribute a 20% match to the 80% federal funding . COOT has agreed to contribute 9.9% (not to exceed $370,000) of the matching funds in exchange for the City accepting South Broadway (Hwy . 285 to our South City Limits) as a local street and removing the roadway from the State Highway system. In addition to the matching funds committed by COOT , the state will pay a one-time cash payment of $130,000. An Intergovernmental Agreement regarding the abandonment of the state highway will be brought to Council in the near future . • ' ' I ., • 0 - • t • .. • --• ' l-.... ••• .. :-..... • -.. The total estimated project cost including design and construction administration is $3,729 ,767.00. Englewood is responsible for 100% of the costs over $3,725 ,000. Detailed below is the cost sharing agreement: Federal Funds State Matching Funds City of Englewood Matching Funds City Overmatch (non-participating) Funds Total 80% 9.9% 10.1% $2,980,000 370,000 375,000 4 767 $3,729.767 Adequate funds are available in the Public Improvement Fund, account 03-36. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental agreement '· ' ~ ., ' ' .. • I • C, 32X • .. .. ,,-. • ,. • -.. ;l a..i i BY AUT H ORITY COUNCI L BILL NO . 69 ORDINANCE NO . SERIES OF 1999 ~~g~c~J A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE REGIONAL TRANSPORTATION DISTRICT, REGARDING ENVIRONMENTAL ASSESSMENT . WHEREAS , Englewood has been studying the General Iron Works s ite s m ce 199i for a potential residential mi.xed-use transit-oriented-developme nt: a nd WHEREAS , the City has been awarded a Brownfield As e sme nt Ptl ot m 199i. which was used to obtain the Phase I Environmental Asse s me nt fo r north Englewood delivered in January 1998; and WHEREAS , the assessment studied industrially zon ed properues 10 north Englewood including General Iron Works ; and WHEREAS , the assessment indicates that red evelopmg General Iron \\'ork s w1.ll require addressing environmental issues ; and WHEREAS , RTD identified the General Iron Work s 1te 10 the Southea t Co rridor Draft Environmental Impact Statement as the prefe rred al ternatl\'e loca u on for building the transit vehicle maintenance facility to serve the Southeas t orndor with the proposed facility including administrative offi ces : and WHEREAS , the City proposes to use the EPA Brownfi eld Ptl ot fund s fo r $100,000 participation in the Envtronmental A se s me nt: and WHEREAS , based on the source of funds , EPA mus t s ign off on the Scope of Work, Quality Assurance Project Plan and po ssibly other aspects of the project ; and WHEREAS , the City and the Regional Transportation District have set forth their respective obligations in the Intergovernmental Agreement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : Sectjon 1. The intergovernmental agreement between Regional Transportation District and the City of Englewood , Colorado regarding environmental assessment of the General Iron Works property , attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. -1- • .. I • 0 - .. • --• • -' ... ~ $ectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 1st day of November, 1999 . Published as a Bill for an Ordinance on the 5th day of November, 1999. Thomas J . Burns, 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 1st day of November, 1999. Loucrishia A. Ellis -2- ·,.. ., ,. ' ., . • • I -.. 1 . ' ' 0 I • 0 32X • • • • ,. ,,..-·• • .. • -' ' AGREE~F.NT Th is i\1:recment .2i:ld.: this_ Jay of __ . 1999 b1:tween the Re;ional lransportm ion Di~irict (RlD), a pvlitical subdivision of the State ofColor.ulo. and the City ofF.ng lcwood (th.: City) is to ;mivice for a remedial investigation and fl!~~ibil ity st udy (investigation) of property which may be used in whole or in pm for th.: Sou the:ist Corridor L;;ht Rai l Pnljcel lU:CTTALS : I. RT!) hJ.~ cnt1.-red into an in te:-:;oven:me11~l :11:rccme11t with :he Coiorauo Dcpa111nent of Transportation rc,::mling jesi:;n J.'1 ii .:o:--~truc:ion of l Sout!:e:lSt corr.dor Intcr-mudal tr.1nsponJtion project (the SE Con-ilior). CDOT has comract:~ to perfonn all prclimin:iry e:ig in-:erini; (PE) for :he SF. C.midvr 3J:d ha., .:::;;ag~ :I:~ Jinn ol°CJrt.!r & Rur~css to pc~form that work. 2. RTD :i::.s i,.knriii.::: prope:~y ,,,,J::::.: ;,~ :he C:ty :15 :.I roti.:'n ti:i l ;it,: !or us;: JS :.I m::imc:1 :incc facilit!· in the SI.: Cor~idor. 1 ::c Cit) :s .:ci:.siui.:'r i:1g allowmt; use o f this prnp<:n y !or othe: ,:kve!op,r.cnt. The i:-rope:ty in qucrn un ::::i y suf!i.!r frorr. i::ivirnnm.::niai co111:un.ination . RTlJ :u,d the C:ty bcliev; ii is tb.:i r mu tual inte:est :o '.1:.v.:: a ri:mo.:Ji:il iuv .:s:ig:i 1ion ::inc icasihility p:r:·on::ec on th.: prnpe::y :.i dcr.::n1:inc th,: r.::asonab iencss ai:d ant icip:i t.:c cost of us i:ii; the proi;c:ty :or join: d1.:,dopr.i.:11t am! transit purposes . 3. The property in questioi: inc!i:Jes tb: "G.::1cral lron Wor :,s·· si:e ..i:d the: Stc:ims Rogers r:,c ili ty :it Jppro:i(,11 ;:tc!:,-S.mta Fe ,\vcn,i.: b.:twe cn Fl..:cs :1nd Y:ih: :1.\'c:-nucs . tb: Au b's :\uto Site alor.i; S3lltJ fe ,\v,:::ui; he:wc~n Y;ilc an d Va~<ar /\veauc;. J!ld 11:e Bur linston ;,,.;.-irth.:rn S:111 1:i re pro;,~::y alo~g 'i:i!!ta r:e i\venue bctw.:c n !la:v:irc: ,\vem10.: and V ;.1.~5~r A ,·,:n uo.:s . 4 . l!ie City hils bc.:11 ~tudyin;; the Gen er.ii Iron Works site since l 99i for :i poten tial r.:si dcn tial mi.,ed-us.: :ransit-oricnte:f dtveiopme:1t . 5. TI1.: U. S. Env iromnent::l Protccti ,in JSC::,y (E!':\) av.urded a Drowufic!J /\,scssmi:n t Pi lo t to Englewood in 1997 whic!1 was us,:\! to ohta in a Ph:isc I cnv iro11n:1::1t.1l .'\ss~smc:nt for :1orth En glewood whic!1 w:is ddivcn.."ti :n Janu:iry l 998 . The :1ss essment sludicd industrial ly :wnc:d ;,ropcrt:1:s in nun!: E:igiewood ir.clm!ing G.:ne r:i l ln,n Wurks. The :i:m:s~m.::!l indi.:;;leri that rc:::kvc:lop ing Gc::1."ral Iron Works will require :iddrcssing cnvironm.:nt;il iss:;c;. Funds ;,rcvi,.kd by Eng lewood pursuJut lu lhis :\~rccmcnt will utili;,c this Rro1N111ic:l d~ grant. F.l'.-\ h;.L~ rcv i.:wc d :he scope of work for this Agrccmc:nt 311J has appro\·ed 1:se of lhcsc: funds 6 . Although Rm identified lhe <i.::ie:-a l Iron Works ,itc: in the So ut he::sr C,,,riclor <lr.ifl Environmental Impact Surcme\lt a.~ the ?rdc:rrcJ loc:it ion for building the RTD m:1intcn:u1ce facility a revis..:J location inc !udiug the northern portion cf rh1: Gcncr;il lron ' . I' )< .. I e I T A . . I • 0 • • • • _ ...... • ••• .. Works property and additional propcrti'-"li in Denver will ~ incluc~ in the Final F.nvironmcnllll !mp.ict Si..t.:m..:nl as possible a!ternativc:~. .. ... 7. The: parties wi.,,h to hav.: the: investigation of the property includd as pan of1he PE for lhc SF. Conidor. In furll~:ancc: of this ;o.il the p.irtics .i;."\!..: as follows: CO?\DlTIONS · l . A scope of work lor the invcstii;ation bas bcca prepared and is an:i.:hed hereto ..s J::xhibit ,\ :111J incorporati:d herein . Brown & Cald~!l. lhe p::irty dcsig11atd JS responsible for pc::fomu11£ the work is l subcontrJClor to lhc: Cartc.-r & Ruri;css, the contractor pre;,aring the PUEiS for COOT . 2. RTD will rcq ucst lh.11 CnOT include F.:<ll ib it .\ as p:irt of the PE for t he SF. Corridor. 1 he cos: to th~ City as a result of wcrk requ ired for :b: City is S 100 .000 (one lnuitlrcd 1hcus:1ml dollars). 3. The City y,ilJ pay 5 !00.000 to RlD uvc11 tl:I: Ci1 y ·s rcc..:'r,t of :h e rcpo m SP',°\:ifictl in ~.,hibit A . RTD doc s not by the Agrc:-~1r.e:1t i;u::r:imc;: ;ic::orn :~~~e of the invcs1i~at ion nml the City 's only remedy in :he c:ve:1t or 11or.-pc:fo:m.i nc c ~ha ll be ::or.- payment Ti1e C ty ackr.nw lcdges :mu undcr:.-unds !bt RTD h;:.s no contr:i ct with C:ir:cr &: I3urgess or Rrown ar.d Cal dwcll :md is 3Cli ni: onl y JS a fac ili t::to: :or th: wo rk am.! for p:iymcn t 4. The r,ur::o ~c: ot lhis J\gn:e:n.:r.1 is to dctc:mi i~e th~ fc:as ibi!i1y or ent~ring in to fu ture agrecme:1ts :i,r jo int dc vcl ,,pmcnl oflh.: prope1ty wh ich join: dcvelopme:it would be dcsi:;nec to r,ro\'iuc for publi c and private uses 3ml a new RTD R:iil lr:i:-.s :t ~top in the :irc a . 5. ~c:ith,: r,ar.y lCI this ~g:c.::nc:n! cv n:mil s to take or to refr ain from t:ik :ng 3ny :ic ti on inc!ud ini; purchase oftl~e pro pert y. us.: of the property . or de,eloprr.cnt ,>fthc property as a rcs t1l t of the: infor mati on prov idc:i by the invcstig:ition . 2 ' . .. -, . . ' . I • 0 X - • • .. ~ --• ' .. <r ' .. ·~ ' r .. • -' Al'PROVF.n AS TO LF.GAL FORM FOR TIIE Rl:GiONAL TRANSPORTATION llliGIONAL lR.\NSp0RTAfl0N DISTRJCT DISTRICT ------------Marl. L. Lien Au<k:iatc Cuunsc:l ATrEST : ~rwiia A . Ellis, C ity Cleric 3 By : Clarence W. M.irscll:1 C'zencnl M~gcr CTTY OF E~GI.EWOOL> Uy : Thomas J. Bi:ms Ma yor '· ' . '·. .. ,• .. " .. • I ' ' 0 I . 0 32X • • .. ,. ,,.-. • , .. .. • -' COUNCIL COMMUNICATION DATE : November I. AGENDA ITEM SUBJECT: Inter GovemmentaJ 1999 Agreement between Englewood 11 a ii and the Re gionaJ Transportation District INITIATED BY : Neighborhood and STAFF SOURCE: Business Development Mark Graham. Senior Planner PREVIOUS COUNCIL ACTION: John Claflin. Assistant General Manager of RTD. appeare d at th e Co uncil Study Session October 4 . 1999 to discuss environmental issues associated with the joint re-development of the General Iron Works property with a transit maintenance facility and residential land uses . Mr . Claflin advised Co uncil that Englewood and RTD staff are drafting an Inter GovemmentaJ Agreement documenting Englewood's commitment of SI 00 .000 of Brownfield Pilot Assessment Funds. (provided by the U .S . EPA) to furth e r analyze the opportunities for residential development on a portion of the prope rty. RECOMMENDED ACTION: Staff recommends that Council adopt an ordinance approving an Inter Governmental Agreement between the City of Englewood and the Re gionaJ Transportation District regarding Environmental Assessme nt and which anticipates future agreements addressing redevelopment issues . BACKGROUND: . Englewood used 1997 Brownfield Pilot funds from the EPA to contract for a Phase I Environmental Assessment of industrial properties in North Englewood . That Phase I study, which included the General Iron Work s site . was delivered in January 1998. Further environmental studies were conducted in 1998 to review information submitted to the Colorado Department of Public Health and Environment in conjunction with the sale of the General Iron Works property. An environmental risk assessment was conducted in 1999 . (without entering the property), to determine the possibility of residential and commercial development. Since 1997, staff has conducted over a dozen meetings in North Englewood to discuss the impending redevelopment of General Iron Works property . The discussions have included the potential RTD Maintenance Facility. residential/commercial mixed use. and light industrial or commercial land uses . The proposed Environmental Assessment will provide new and better data to evaluate the soil and ground water for the prospective land uses . Staff • ~ • . . I . 0 .]- • • --~----.. --• • •• .. ... .. is currently working with the Planning and Zoning Commission on a Santa Fe Drive/South Platte River Corridor Study to evaluate future land uses associated with the transportation investment in light rail. The mapped Corridor Study area includes the General Iron Works property and all land within a quarter mile east of the light rail line in Englewood . FINANCIAL QIPACT: The City of Englewood received a Brownfield Pilot Assessment grant of $200,000 in 1997 from the U.S . Environmental Protection Agency . The proposed General Iron Works assessment is an eligible activity and sufficient Brownfield Pilot funds remain to fund the City of Englewood's SI00.000 share of the environmental assessment. UST or ATTACJPIPI§: Inter-Governmental Agreement ' ' 2 • I ' . .. ' I· 0 32X J • ' . .. ORDINANCE NO. lf.6E SERIES OF 1999 -~ .. ,. --• .. • .. - BY AUTHORITY .. •, COUNCIL BILL NO . 56 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 16 , BY AtVIENDING CHAPTER 8. AND AMENDING CHAPTER 4. BY THE ADDITION OF A NEW SECTION 23 , ENTITLED "GROUP LIVING FACILITIES ," AND AME!IJDING CHAPTER 5, SECTION 5. ENTITLED "PRIVATE OFF-STREET PARKI NG STANDARDS .'' OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , group homes have become an iss ue with City Co un cil a nd the reside nts of Englewood over the past few years : and WHEREAS , the issues with group home co nce rn the lega!Jty of gro up home use m residential zone districts; and WHEREAS , the State of Col orad o ha s two dep a rtment wh1ch regulate group livmg facilities : the Department of Human Service and the D partment of Public Hea lth and Environment: and WHEREAS, the Federal Gov ernm e nt addresse th 1s u of group livmg through the Fair Housing Amendment Act of 1988 : a nd WHEREAS , the Englewood Pl a nrung a nd Z-0rung omm1 s10 n held Publi c Hearing's on May 18, 1999, June 22 , 1999 and August 3, 1999 a nd after re~,ew made their recommendation for passage of the proposed ordma n ce ; NOW , THEREFORE , BE IT ORDAINED BY THE !TY Ot.::~CIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sectjon l. The Englewood City C-Ouncil here by amends Titl e 16 . Chapter 8, Section l , of the Englewood Muruc1pal Code , 1985 , with the a ddition of the following definitions, in alphabetical , order to the definiti on s as follows : 16-8-1 : DEFINITIONS: 80MlQU>IG .\HQ ROOMI~IG HQY86-: DETENTION FACILITY : A \!ttildiflg eentaitti:ng a single d .. elli:ng ttni:t and toe (2) er mere gttest reems ii here · ,dging is pre ,ided, "ith er ii ithettt meals, far ee111peMatien. "Cempensatien'' ma, inelttde mene,, sePYiees , sr ether things ef , altte , inelttdi:ng \led and \,reak:fast eperatiens. DETENTION FACILITY INCLUDES (1) FACILITIES FOR JUDICIALLY REQUIRED DETENTION OR INCARCERATION OF PEOPLE , WHERE INMATES AND -1- '· ' . ~ \, • . ' .. ' ... 11 bi I • 0 -- • • DORMITORY: EXTE~ffiED CARE FhCILITY: FAf\HI:..¥: CRQUP IIQME : .. • .. • •• ' DETAINEES ARE UNDER 24 HOUR SUPERVISION BY SWORN OFFICERS, EXCEPT WHEN ON AN APPROVED LEA VE . OR (2) GROUP HOMES, HALF-WAY HOUSES , OR ALTERNATIVES TO INCARCERATION FOR INDIVIDUALS PREVIOUSLY CONVICTED OF SEXUAL ASSA UL TS, SEX UAL AB USE , OR OTHER SEX-RELATED CRIMINAL OFFENSES OR (3) GRO UP HOMES , HALFWAY HOU SES, OR ALTERNATIVES TO INCARCERATION CONTAINING ANY INDIVIDUAL WHO WILL BE S UBJECT TO THE ISSUAN CE OF AN ARREST OR ESCAPE WARRANT IF THEY LEAVE THE FACILITY. PROVIDED THAT THE USE OTHERWlSE COMPLIES WITH THIS DEFINITION , A DETENTION FACILITY MAY I NCLUDE. BY WAY OF ILLUSTRATION, A PRISO N. JAIL, PROBATION CE NTER, J UVE:-.IILE DETE NTION HOME . OR HALFWAY HO USE . DETE NTIO N FA CILITIES DO :-./OT Q UALIFY AS EITHER SMALL GROU P LIVI NG FACILITIES , SMALL TREATME:-.IT FACILITIES, OR LARGE/SPECIAL TREATMENT FA CILITIES. A FACILITY USED AS A LIVING Q UARTERS FOR MORE THAN 4 STUDENTS ENROLLED IN CLASSES ORACTMTIES AT A COLLEGE , UNIVERSITY OR BOARDING SCHOOL, INCLUDING WITHOUT LIMITATION A FRATERNITY OR SORORITY HO USE OWNED OR OPERATED BY AN ENTITY OTHER THAN THE COLLEGE , UNIVERSITY. OR BOARDI NG SCHOOL. A Ieng term flleilit) er 11 1h11tinet p11rt ef 11 f11eittt, lieenae!I er 11ppre, eel 118 11 nttreing heme , inftrmllr) 1tm t ef II heme fer the 11ged., er 11 ge. erfllllentftl med.ie11l in8tittttien . ,',n in!li ,id.t111l , er tw 11 (2) er mere per8ens rel11te!l l,) l,lee!I , m11rri11r;e . er 11d.11ptien Ii. ing tegdher 118 11 single het18elteeping ttmt , er 11 ,:rettp ef net mere th11n fettr ( •l peuen11 , .. he need. net l,e rel11ted. b) 1,lee!I , m1uri11,:e , er 11d.eptien , Ii ling ter;ether as a s ingle housekeeping unit . A flleittt, .. herein the epeP11ter ie net leg11H, rel11te!I te the in!li ,i!lt111l11 ettpeP'\ i11e!l 11n!I ie lieeneeel h:, the State anti oo herein n&t mere than eight (8) inlii,i!l-l1111re pre,i!le!I .. ith -2- . .... ., .. . , ', . ' ' I . 0 32 . ]-- GROUP LIVING FACILITY: HOUSSHObB : HOUSEHOLD: HOUSEHOLD LIVING: • --• .. • •• ' reem , l,e11rd . speei11li!!ed 11nd distineti, e e11re 11nd sttpel'Yisien in II f11111i-l, en, ir,mment . RESIDENTIAL OCC U PANCY OF ALL OR PART OF A STRUCTURE BY A GRO UP OF PEOPLE THAT DOES NOT MEET THE DEFINITION OF HOUSEHOLD LIVING . HOTEL, MOTEL, DETE!'-ITION FACILITY, OR DORMITORY . IN GRO UP LIVING FACILITIES, TENANCY IS ARRANGED ON A MONTHLY OR LONGER BASIS, THERE IS GENERALLY A COMMON EATING AREA , AND THE SIZE OF THE GRO UP MAY BE LARGER THAN A FAMILY . GROUP LIVI:-.iG FACILITIES INCLUDE SMALL GROU P LIVING FACILITIES . SMALLTREAT~ENT FACILITIES, AND LARGE/SPECIAL GROUP LIVING FACILITIES . A f11111i-l) l:1 ling tegether in II singl:e d .. eHing 1111it, .. ith eemmen 11eeess te, and eemmen 11se ef, 1:i, ing 11nd e11ting 11re11s . A HOUSEHOLD INCLUDES (1) ONE OR MORE PERSONS RELATED BY BLOOD , MARRIAGE , ADOPTION , OR LEGAL GUARDIANSHIP . INCLUDING FOSTER CHILDREN, TOGETHER IN A DWELLING UN IT ; OR (2) A GROUP OF NOT MORE THAN EIGHT PERSONS NOT RELATED BY BLOOD. MARRIAGE, ADOPTION, OR LEGAL GUARDIANSHIP LIVING TOGETHER IN A DWELLING UNIT. PROVIDED THAT SUCH GROUP DOES NOT MEET THE DEFINITION OF DORMITORY ; OR (3) TWO UNRELATED PERSONS AND THEIR CHILDREN LIVING TOGETHER IN A DWELLING UN IT . RESIDENTIAL OCCU PANCY OF ALL OR PART OF A STRUCTURE BY AN INDIVID UAL OR A GROUP OF PEOPLE WHO MEET THE DEFINITION OF A HOUSEHOLD , AND WHERE TENANCY IS ARRANGED ON A MONTH-TO-MONTH OR LONGER BASIS . A n11npr11fit 11r 11111111i pttl,l:ie ttae er inatitttti11rt 111eh aa a ehttreh , tthrar,, ptthlie, er pri • ate aeheal , h1111pit11l 11r M111iieip11H) e .. ned er spera"a ln1ildtng, atr11et11re er !:and 1111ed ier 1n1hlic p1n7aec . -3- .. • • I 0 I· 0 -. • ,-.:: A• LARGE/SPECIAL GROUP LIVING FACILITY: ... .. ,,.. .. • .. • -.. ' ... ANY RESIDENCE FOR MORE THAN 8 UNRELATED INDMDUALS , AND ANY RESIDENCE FOR UP TO 8 UNRELATED INDIVIDUALS THAT DOES NOT MEET THE DEFINITION OF "SMALL TREATMENT FACILITY" OR "SMALL GROUP LIVING FACILITY ." IF ANY INDMDUAL RESIDENT OF A GROUP LIVING FACILITY DOES NOT MEET THE DEFINITION OF ·'SMALL TREATMENT FACILITY RESIDENT'' OR "SMALL GROUP LMNG FACILITY RESIDENT'', THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A LARGE /SPECIAL GROUP LIVING FACILITY (RATHER THAN A Sl\1ALL GROUP LIVING FACILITY OR SMALL TREATMENT FACILITY). EXAMPLES OF LARGE/SPECIAL GROUP LIVING FACILITIES INCLUDE ANY OF THE FOLLOWING BUT NOT LIMITED TO THAT MEET THIS DEFINITION: 1. A SECU RE RESIDENTL<\L TREATMENT CENTER, AS DEFINED IN C .R.S . § 26-6-102 (9 ); OR 2. A SHELTER FOR HOMELESS PERSONS;OR 3 . A DORMITORY : OR 4 . A ROOMING OR BOARDING HOUSE : OR 5 . A FRATERNITY OR SORORITY HOUSE . MEDICAL OR PSYCHOLOGICAL INCLUDES ANY JNDIVIDU.i\LIZED TREATMENT: SERVICES RENDERED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL OR PARA-PROFESSIONAL DIRECTLY TO A RESIDENT OR GROUP OF RESIDENTS ON A REGULAR OR REPEATED BASIS TO ADDRESS A SPECIFIC MEDICAL OR PSYCHOLOGICAL CONDITION DIAGNOSED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL, BUT EXCLUDING (1) PHYSICAL THERAPY, (2) OCCASIONAL MEDICAL OR NURSING CARE TO ADDRESS NON-CHRONIC AND NON-RECURRING CONDITIONS SUCH AS COLDS, FLU, OR HOUSEHOLD -4- • . .. ,. ' ~ .,, .. I· 0 3 X t ,. •,. !'IURSl!'IG HOME. SHELTER FOR HOMELESS PERSONS : SMALL GROUP LJVJNG FACILITY : ~ --• .. • -' INJURIES , AND (3) ASSISTANCE WITH RO UTINE LIVJNG ACT[\,1TIES NOT AIMED AT RE COVERY FROM A SPEC IFI C DIAGNOSED COND ITIO N. t'.1t instittttien fer the eent1nt1et1s !itt) ttn!I night esre ef the sge!I e r infirm . e r 8 plttee ef rest fer these sttffericng 1,e!iil) Ilise, !!ere . bttt net ineltt!ling f:seilitiee fer sttrgiesl esre er instittttiens fer the e1u e ttn!I treot111e nt et: 111enffll illttess . 11leehehe111 . e r n111 eettes s!l!lietien . A FACILITY THAT PR0\1DES TEMPORARY LOD GI::-.:G IN SHARED SLEEPING ROO'.\IS . WITH OR WITHO UT MEALS A.'IJD A.1\iCILI..ARY SERVICES ON THE PREMISES . TO PRl!\l-\RILY HOMELESS PERSONS . FOR MORE THA:-.1 FO UR WEEKS I:'.\ A~·y CALENDAR YEAR . A HOMELESS SHELTER DOES :-JOT PROVJDE S CH LODGI:'\G TO (I) A.NY II\1DIVJD UAL WHO HAS BEE'.\ DIRE CTED BY ANY SOCIAL SE Rv1 CE AGEN CY TO LIVE IN A Pt.;B LI C OR PRI VATE INSTIT UT ION , OR (2 ) TO A!,iY PERSON BEING DETAI NE D BY AN-Y LAW ENFORCEMENT AGENCY PURS UANT TO STATE OR FEDERAL L.\W . A RESIDENCE FOR UP TO EIGHT (8) UN RELATED INDIVJD UALS , NONE OF WHICH ARE RECEJVJNG ON-SITE MEDICAL OR PSYCHOLOGI CAL TREATMENT , BUT SOME OR ALL OF WHOM MAY BE RECEJVJNG ON-SITE PHYSICALASSISTA1''1C E WITH DAY -TO- DAY LIVJNG ACTI\TJTIES . EXAMPLES OF SMALL GROUP LI\TJNG FACILITIES INCLUDE ANY OF THE FOLLOWING THAT MEET THIS DEFINITIO N: 1. 2 . A NON-PROFIT GRO UP HOME FOR THE AGED OR AN OWNER- OCCUPIED GROUP HOME FOR THE AGED , AS DEFINED IN C.R.S . § 31-23-303(2)(B); OR A STATE-LICENSED PERSONAL CARE BOARDING HOME, AS DEFINED IN C.R.S . § 25-27-101 ; OR 3. A STATE-LICENSED COMMUNITY -5- ' . ) • • I ., I . 0 - • ,.. ... ·~ , • I • --• .. • •• .. ... RESIDENTIAL HOME FOR PERSONS WITH DEVELOPMENT AL DISABILITIES . AS DEFINED IN C.R.S . § 27-10.5-101 ; OR 4. A HOME PROVIDING INDEPENDENT RESIDENTIAL SUPPORT SERVICES FOR THE DEVELOPMENTALLY DISABLED , AS DEFINED IN C.R.S. § 27-10.5- 102(19): OR 5. A STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY, AS DEFINED IN C .R.S . § 26-6-102(8 ); OR 6 . A FA..\11LY CARE HOME . AS DEFINED IN C.R .S . § 26-6-102 (4); 7. A ROOMING OR BOARDING HOUSE . SMALL TREATMENT FACILITY : A RESIDENCE FOR UP TO 8 UNREL>\TED INDIVIDUALS , SOME OR ALL OF WHOM ARE RECEMNG ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT. IF ANY INDIVIDUAL RESIDENT OF A GROUP LIVING FACILITY WITH UP TO 8 UNRELATED INDIVIDUALS RECEIVES ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT. THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A SMALL TREATMENT FACILITY (RATHER THAN A SMALL GROUP LIVING FACILITY). EXAMPLES OF SMALL TREATMENT FACILITIES SHALL INCLUDE ANY OF THE FOLLOWING THAT MEET THIS DEFINITION: 1. A NURSING HOME ; OR 2 . 3 . A NURSING FACILITY, AS DEFINED IN C.R.S. § 26-4-103 (11); OR INSTITUTIONS PROVIDING LIFE CARE , AS DEFINED IN C .R .S . § 12-13-101 (5); OR 4 . A PHYSICALJMENTAL REHABILITATION HOME ; OR -6- • I. ' ·~ .. ... ,• ,. .,, ... .. . ' . I· 0 32X • • • - 5 . A STATE-LICENSED GROUP HOME FOR THE DE\.ELOPMENT ALLY DISABLED, AS DEFINED IN C.R.S . § 3!-23- 303(2}(a ) ~) THAT IS NOT CATEGORIZED AS A STATE LI CE :--/SED CO!\'I:\ICN1T'Y RESIDENTIAL HOi\lE AS DEFINED IN C .R.S . § 2i-10.5-102(.J }; OR 6 . A STATE-LICENSED GROuP HO!\IE FOR PERSO;',JS WITH :\IE:s!T . .\L ILL:-.JESS , AS DEFINED IN C.R.S . § 25-2i-102(8 ): OR Section 2. The City Council of the City of Englewood , Colo r ad o h e reby a me nd s Title 16, Chapter 4 , by the addition of a n ew Sect10n 23 . of th e Engl ewoo d \lunicipa l Co d e 1985, entitled Group Living Facilities. a s follow : 16-4-23-1: GROUP LIVING FACILITIES : A. ALLOWED Al\TD CONDITIONAL USES (BY ZONE DISTRI CT). THE USES LISTED BELOW S HALL BE PER:\'1ITTED IN THE ZO'.\E DISTRI CTS J'.'ll)I CA TED IN THE FOLLOWING TABLE . Zone R R R R R RS R R B B I I 1 1 1 2 2 2P 3 4 1 2 l 2 A B C C r. s Small Group Living Facility A A A A A A A A A A Small Treatment Center C C A A Large/Special Group Living C C A A Facility AN "A" I ND ICATES THAT THE USE WILL BE ALLOWED AS A MATTER O F RIGHT, SUBJECT TO COMPLIANCE WITH THE USE REG ULA.TIONS LISTED BELOW AND ALL OTHER REQUIREMENTS OF THIS CODE . AN T ' INDICATES THAT THE USE l'vlAY BE PERMITTED AS A CONDITIONAL US E PURSUANT TO THE PROCED URES SET FORTH C:s!DER E .M.C. 16-5-2. NO SUCH CONDITIONAL USE PERMIT SHALL BE GRA:s!TED , HOWEVER. NT!L THE CITY PLANNING AND ZONING COMM ISSIO N HAS DETERMINED THAT THE PROPOSED USE: 1. COMPLIES WITH ALL APPLICABLE USE REGULATIONS FOR GROUP LIVING FACILITIES AND WITH ALL OTHER APPLICABLE REQUIREMENTS OF THIS CODE: AND 2. IS NOT SIGNIFICANTLY DIFFERENT FROM ADJACENT USES IN TERMS OF APPEARANCE, SITE DESIGN. HO U RS OF OPERATION, TRAFFIC GENERATION, NOISE, ODOR, DUST , AND OTHER -7- .. I . 0 • • /' . • t .... • -.. EXTERNAL IMPACTS OR , IF THE USE IS DIFFERE:-JT , ANY ADVERSE IMPACTS RESULTING FROM THE uSE WILL BE MITIGATED TO THE :\1A."\Il'vlUM EXTENT PRACTICAL: AND 3. INCLUDES PROVISIONS FOR AUTOMOBILE ACCESS THAT WILL PREVENT TRAFFIC HAZARDS AND AVOID TRAFFIC CONGESTION ON ADJACENT PUBLIC STREETS AND ALLEYS . 16-4-23-2: USE REGULATIONS : ALL GROUP LIVING FACILITIES SHALL BE SUBJECT TO THE FOLLOWING STANDARDS. REGARDLESS OF WHETHER THEY ARE PERMITTED AS A. ALLOWED OR CONDITIONAL USE: A. NO GROUP LIVING FACILITY SHALL BE LOCATED CLOSER THA:-1 : (1) 750 FEET FROM ANY STATE LICENSED CHILD CARE FACILITY FOR CHILDREN OR ANY ELEMENTARY . MIDDLE . OR HIGH SCHOOL : OR (2 ) 1,250 FEET FROM ANOTHER GROUP LIVING FA CILITY . B. STRUCT "RES CONTAJ'.'JING GROUP LIVING USES SHALL BE :S:O TALLER THA~ THE AVERAGE HEIGHT OF THE THREE PRl:\1ARY STRUCTURES ON THE SA.i\1E BLOCK LOCATED CLOSEST TO THE GROUP LIVING STRUCTURE . C. TWENTY-FOUR-HOUR SUPERVISIO~ SHALL BE PROVIDED BY QUALIFIED STAFF . D. ALL FACILITIES SHALL BE LOCATED SO AS TO PROvlDE CONVENIENT ACCESS TO GROCERY A:-.'D OTHER RETAIL STORES AND OTHER COI\1MERCIAL SERVICES , PUBLIC TRA~SPORTATIOJ\' ACCESS POINTS AND PUBLIC RECREATION FACILITIES . E. F . G. ANY GROUP LIVING FACILITY WHOSE RESIDENTS 1:-JCL UDE AJ\,'Y INDIVIDUAL WHO HAS BEEN CONVICTED BY . .\i,rY COuRT OF MORE THAN ONE MISDEMEANOR OR FELONY ll\'VOLvl~G PROPERTY DAMAGE OR PERSONAL INJURY THAT WAS COMMITTED WHILE HE OR SHE WAS A RESIDENT OF THE GRO UP LIVING FACILITY SHALL BE DEEMED TO BE A PUBLIC NUISANCE , AND SHALL BE SUBJE CT TO THOSE ENFORCEMENT ACTIONS AND PE:-JALTIES APPLI CABLE TO OTHER PUBLIC NUISANCES WITHIN THE CITY . PRIOR TO INITIATING OPERATIONS , AND PRIOR TO :'vlOVl:-JG OPERATIONS TO A DIFFERENT FACILITY , AND ON OR BEFORE DECEMBER 31 OF EACH CALENDAR YEAR , THE OPERATOR OF EA CH GROUP LIVING FACILITY SHALL SUBMIT TO THE CITY A PHOTOCOPY OF A VALID AND CURRENT CERTIFICATE OR LICENSE ISSUED BY THE STATE OF COLORADO IF ANY SUCH CERTIFI CATE OR LICENSE IS REQUIRED FOR THE OPERATION OF THE FA CILITY . IF ACTIVE AND CONTINUOUS OPERATIONS ARE NOT CARRIED ON FOR A PERIOD OF 3 CONSECUTIVE MONTHS IN A GRO P LIVING FACILITY APPROVED AS A CONDITIONAL USE , THE GRO U P LIVING -8- • I· 0 - • • .. • ,,-. • • -' FACILITY SHALL BE CONS IDERED TO BE ABANDONED . THE USE MAY BE REINSTATED ONLY AFTER OBTAINING A l\'E\V CON DITIONAL USE APPROVAL . H . AS AUTHORIZED BY 42 use 3604(!)(9 ). NO GROUP Ll\1:S:G FACILITY SHALL PROVIDE HOCS I:S:G TO Al\.Y INDl\1D UA L WH OSE TENAN CY WO ULD CONS TIT UTE A DIRE CT THR EAT TO THE HEALT H OR SAFETY OF OTHER J::®IVID UALS OR \\ HOSE TENA:S:CY WO ULD RES ULT IN SUBSTANTIAL PHYSI CAL DANGER TO THE PROPERTY OF OTHERS . 16-4-23-+-3: REASONABLE ACCOMMODATION : THE FEDERAL FAIR HO USING ACT. AS AMENDED . REQ UIRE S THAT LO 'AL GO \'ER:S:;.IENTS BE PREPARED TO MAKE "REASONABLE ACCOMMODATIO:S: .. IN ORDER TO PERMIT HOUS ING FOR CERTA.l'.\: PROTECTED GROL'l' TO OCCC R IN CERTAIN TYPES OF RESIDE:S:TIAL AREAS . I!'\ RESPOJ\iSE TO A \\'RITT E::sl APPLI CATION IDENTIFYING THE TYPE OF HO CS I:S:G BEii\'G PR0\1DED AND THE PORTIONS OF THE FAIR HO SING A T THAT REQUR E THAT REASONABLE ACCOM'.\IODA TIO NS BE MADE FOR SCC H HOCS l:S:G. THE CITY MANAGER OR DESIG'.'\EE IS AUTHORIZED TO TAKE A:SJY OF THE FOLLOWING ACTIONS IN ORDER TO PROVIDE REAS ONABLE ACCOMMODATIONS WITHO CT THE NEED FOR A REZO NIN G OR VARIA NCE PROCESS : A. MODIFY ANY FACILITY SPACING . BU ILDIN G SE TBA CK HEI GHT . LOT COVERAGE , OR LANDSCAPING REQ U IRE'.\1ENT BY NO MORE THAN 10%; OR B. REDUCE ANY OFF-STREET PARKING REQ IREME:S:T BY NO MORE THAN ONE SPA CE . C . THE CITY MANAGER OR DESI GNEE '.\lA Y APPROVE A TYPE OF REASONABLE ACC0'.\1'.\IODATION DIFFERENT FROM THAT REQUESTED BY THE APPLI CANT IF HE /SHE CONC LUDES THAT A DIFFERENT FORM OF ACCO MMODATION WO ULD SATISFY THE REQUIREMENTS OF THE FAIR HOt;S I!'\G ACT WITH FEWER IMPA CTS ON ADJACENT AREAS . THE DE CISION OF THE CITY MANAGER OR DESIGNEE SHALL BE ACCO MPANIED BY WRITTE N FI NDING S OF FACT AS TO THE APPLICABILITY OF THE FAIR HO US IN G ACT, THE NEED FOR REASONABLE ACCOMMODATIONS , AND THE AUTHOR ITY FOR ANY REASONABLE ACCOMMODATIONS APPROVED . REQ UESTS FOR TYPES OF ACCOl\1MODATION THAT ARE NOT LISTED ABOVE MAY ONLY BE APPROVED THRO UGH A ZO NI NG VARIANCE OR REZONING PROCESS . Sectjon 3. The Englewood City Council hereby amends Title 16 , Ch apter 4 , Section 5, amending Paragraph 0 , of the Englewood Municipal Code , 1985 , as follow s: 16-4-5-0. Conditional Use : Provided the public interest is full y protected a nd the following uses are approved by the Commission, except for those group homes which are required by State statute, the following provisions app ly: -9- . ', I . 0 - • • 1. l!. • .. • •• Large child care home. Accessory play equipment shall be located m the rear yard . Crettp hemes .. hieh Me lieel'lsea h, the Stete 111'11! .. hieh prs,iae t .. el'lt, f.611:r (l! 0 hettr s11:pel", isisl'I . tt-. ~ls t .. s (l!) grsttp hemes ... hether ttl'llier the s11me er aifferel'lt epsl'lesrship, sh11.H he lee11.tea .. 1tml'I the s11.me hleelt 6r .. ithil'I the hleelts 11.aj11.eel'!t ts the hlselt ii'! .. hieh the grettl' heme is lse11.tea . This sh11H !'let il'lelttae grettp hemes er h11.lf .. II.) hettses f.sr l'erssns rele11.sea &em esrreetisl'l11l metittttisl'ls er faeittties. &. Crsttp hemes mttst prs,iae 61'1e sff street p11.rltil'lg sp11.ee f.sr e11eh memher sf the st11ff 61'1 attey , 111'11! sl'!e sp11ee f.sr e11eh f.sttr (I) resiael'lt eliel'lts . 3 . 2 . Dependent Care Centers: Structures use d as educational institution s. religious institutions or public facilities. existing at the time of the e n actm e nt of this Ordinance, may be converted for use as de pendent care centers. Sectjon 4. The Englewood City Council hereby amends Title 16 , Chapter 4 . Section 6 , amending Paragraph N, of the Englewood Municipal Code . 1985. as follow 16-4-6-N. Conditional Use : Provided the public interest 1s fully protected, the following uses are approved by the Commission, except for those group homes which are required by State statute, the following provisions s hall apply : 1. Large child care home . Accessory play equipment shall be located in the r ear yard. l!. Crettp Hemes . Crsttp hemes , .. hieh 11.re lieel'!sea h, the 6t11.te ef Celer11.ae 11Ha .. hieh prs,i.ae t .. eft~ fettr (l!t) hettr sttpel'Yieiel'I. This sh11H Het inelttae grettp hemes sr h11.lf o.11) hsttees fer persel'!e rele1tsea frem esrreetiel'l11l institttt.iens sr faeilftiee . tt-. ~le t.. s (il) grsttp hemes , .. hether ttnaer the s11.me er Mffere11t spsl'!eerehip , sh11.H he lee11.tea .. ithil'I the s11me hlseli er .. ith.1n the hlselis 11.aj11.eent te the hlsek 11'1 .. hieh the grsttp heme is lee11.tea . &. Crsttp hemes mttet pre, iae eHe sff street p11.rltil'lg ep11ee fer e11eh memher ef the et11.ff sn attt), 111111 ene sp11ee fer e11eh fettr ( I) resiael'!t eliel'lts . 3 . 2 . Dependent Care Centers. Structures used as educational institutions , religious institutions or public facilities, existing at the time of the e nactment of this Ordinance. may be converted for use as dependent care centers. Section 5. The Englewood City Council hereby amends Title 16, Chapte r 4 , Section 8, Paragraph B, of the Englewood Municipal Code , 1985 , as follows : 16-4-8-B. Permitted Principal Uses. 1. Single-family detached dwelling. 2. Single-family attached dwelling. -10- • ' . ., .. I • 0 ,-------::------~-------.. • • . . ,. • • - 3. Two-family dwelling with at least one party wall under a co mmon roof. 4. Multi-family dwellings . Pl11nne!I !le,elepment 11pp1e,11l 1s 1e~ttH"eei fer mere than fe1tr (I) mtits. 5 . Hospitals and clinics, but not animal hospitals or cli mes. &. Retwement er sel'li:er eiti11en hetteing, rest hemes 11n!I nttrsing hemes . Pl11M1eei !le. elepment 11ppre, 111 ie re~we!I . +. 6 . Professional offices in which chattels or goods, wares or merch a ndi se are not commercially created or sold. S . 7 . Dependent care centers. ~-8 . Educational institutions. W . 9 . Religious institutions. 11. Public facilitie s and buildings . Sectjon 6. The Englewood City Council hereby amends Title 16 , Ch apter 4. Section 9 , Paragraph 8 , of the Englewood Municipal Code , 1985 , as follow 16-4-9: R-4 RESIDENTlALJPROFESSIONAL DISTRICT: This District is designed to achieve stability of land use and land value through minimizing the adverse effects of adjoining incompatible districts . To these ends. development is limited to a medium-high concentration and permitted uses are typically single-family and two-family dwellings, certain profe ssional uses compatible with the District and private off-street parking lots . This District should be a pphed only in sufficient size to properly perform the above objective . This is normally construed to mean at least one-half (1/2) block in depth and one full block in length . A. General Regulations : The provisions found in this Zone Di strict shall be subject to the requirements and standards found in Chapter 16-5 , General Regulations, of this Title , unless otherwise provided for in this Ordinance or an amendment hereto . 8 . Permitted Principal Uses: No building, structure, or land shall be used and no building or structure shall be erected, structurally altered . enlarged or maintained, unless otherwise provided for in this Ordinance, except for one or more of the following uses: 1. 2. Any use permitted in the R-2 Zone District. Administrative and professional offices , provided that neither merchandise is handled for sale nor merchandising services are rendered on the premises, except such as are incidental or accessory to the principal use. 3 . Nwainc anti re•• hemea . -l l - 'I '.._ I • 0 . ] • • -• ... ,, ,,-. • , . .. • -' .... 4 . 3. Meciical and dental and/or optical laboratories. &. 4 . Small child care centers. ,\ccessory play equipment shall be located in the rear yard. &. Beartii:ng er reeming hettses . +. 5 . Private off-street parking lots, the surface of which shall be of hard surface , either paved with asphalt. concrete or brick pavers. Sectjon 7 . The Englewood City Council hereby amends Title 16 , Chapter 4, Section 9 , amending Paragraph N. of the Englewood Municipal Code. 1985. as follows : 16-4-9-N. Conditional Lise : Pro,~ded the public interest is fully protected and the following use is approved by the Commission: l. l!-. Dependent care centers. Crettp hemes , .. hteh are lteensea 8J the State ef Celeraae. a11a .. meh pre. iae t .. e11~ fettr (21) hett:r sttpel'\ isien . It. 8-. ~Je grett:p heme shaH ee leeatea • itmn en eight httnaJ"ea feet (8 99') raaitt:s ef the prepesea grett:p heme . Crett:p hemes mtt:st pre o'iae eff street pat ittftg fe1 eaeh memher ef the staff ~ Sectjon 8. The Englewood City Council hereby amends Title 16, Chapter 5, Section 5, of the Englewood Municipal Code , 1985 , as follows: 16-5-5: PRIVATE OFF-STREET PARKING STANDARDS: A . Minimum Standards. In consonance with the purpose of zoning regulations, as stated in this Comprehensive Zoning Ordinance, "to lessen congestion in the streets", motor vehicle and bicycle parking spaces are to be maintained as set forth below ; however, nothing in these standard s shall be deemed to deprive the owners or operators of said buildmgs or uses of the right to maintain control over all such land and structures or to make whatever changes they deem appropriate for the use of such private off-street parking space. Unless otherwise provided in this Ordinance , the following are mirumum off-street parking requirements for the indicated use s. l. 2. Amusement facilities, auditoriums, assembly halls, convention facilities , dance halls, gymnasiums, theaters, skating rinks Auto dealerships (new and used) -12- l space for each 3 seats. l space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 ' • J I • 0 ' . • •·.i,!' ...... '" • ' -.. .. square feet of sales/office , repair or maintenance space . 3 . Bowling alleys 4 spaces pe r lane , plus 1 additional space for each 2 emp loyees . 4 . Churches 1 space for each 3 seats or every 6 feet of bench le n gth m the main assembly area or auditorium . 5. DORMITORIES , ONE PARKING SPACE PER FRATERNITIES, AND TWO BEDS . SORORITIES &6. Educational institutions. a . Elementary schools 1 space for each classr oo m a nd admirus trailve office . b . Secondary schools an a r ea equal to 1/2 the gross flo or area in the structure . 6, 7. Rooming and boarding houses I space for each guest bed in a ddition to t he single-family dw elling requirement. ) 8 . GROUP LIVI NG ONE PARKI NG SPACE PER FACILITIES THREE RESIDENT BEDS PLUS ONE PARKING SPACE FOR EACH THREE EMPLOYEES. +9. Hospitals 1 s pace for each 2 patient beds, plus 1 space for each 2 employees on duty . 8-10. Hotels and motels I s pace fo r each guest room , plus 1 addition al space for each 2 employees . Parking for conv ention facilities and l dining areas in the hotel s hall conform with the require ments set forth herein . • I &. 11. Industrial and/or an area equal to ''• the gross floor manufacturing area occupied by the u se in a structure. 12 . NURSING HOMES O NE PARKING SPACE P ER FOUR RESIDENT BEDS PLUS ONE I PARKING SPACE FOR EACH • 0 THREE EMPLOYEES . Hl3. OfficN · buaineu, profeuional 1 space per each 300 squar e feet of apnciea and banka rentable area; excludin g public areas, -13- • - • • . ...--. • r~ i\, • ... .. • - H 14 . Public buildings H 15 . Single-family dwelling Two or more family dwellings: ... common hallways , and common bathrooms. an area equal to '!, the gross floor area in the structure . 2 spaces per each dwelling unit. Efficiency , 1 or 2 bedroom units 11/2 spaces per each dwelling. Three or more bedroom units 2 s paces per each dwelling unit. Such parking shall be designated and identified as parking for the occupants of the building only . Guests or visitors, 5 or more dwelling units Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only. -4-3 16. Restaurants, bars, taverns H 17 . Retail or service business: Under 7,500 square feet 7,500 square feet H 18. Senior citizen residential complexes +G 19 . Warehousing and wholesale business 1 space for each 5 units . 1 space per each 60 square feet of gross floor area. an area equal to '!, of the gross floor area : gross floor area and above an area equal to the gross floor area . . 75 parking spaces per unit plus one guest s pace for each 5 units . an area equal to 1/4 of the gross floor area of the structure or structures. H 20 . Mini-warehousing, parking and loading. a . Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand {6 ,000) square feet of floor area and open storage, or one s pace for each one hundred (100) storage units or spaces, whichever is greater. Two (2) additional parking spaces for employees s hall be provided at the manager's office . -14- • ' • .. ,. \. ' ~ ,. • I ' • I • 0 32 .><: • , .. ,. • • - .. ' •, b . A marked loading lane shall be provided adjacent to the exterior of any structure m wluch storage units are located and where such units have direct access to the exterior of the structure . Such loading lane shall be clearly marked for the exclusive use of the lessees of said storage units and shall not be used for the temporary or permanent storage of any item. Loading lanes shall be a minimum of nine feet (9') in width . -1--8 21. Parking for bicycles shall be provided as follows : a . Bicycle facilities s hall be provided for any new building constructed, for any addition or enlargement of an existing building or use. and for any change in the occupancy of any building or the manner in which any use is conducted that would re s ult in additional parking facilities being required s ubject to the provisio ns of this Ordinance. b. No existing use or structure shall be deemed nonconfo rming sole ly because of the lack of bicycle facilities prescribe d m tlus Ch a pte r , provided that bicycle facilities existing on the effective date of tlus Ordinance shall not be reduced in capacity, design , or fun ction to less than the minimum standards prescribed in tlus Ordinance. c. Bicycle parking facilities shall include provis10 n s for stor age and locking of bicycles in secure racks or equivalent installauon m which the bicycle frame and wheels may be locked by the user . d. Bicycle facilities required by this Section s hall be m aintained for the duration of the use requiring such facilities , and s h all not be used for other purposes . e . Location: Bicycle Facilities. (1) Parking for bicycle s shall be proVJded on-site or on a site within one hundred feet (100'). (2) Bicycle parking areas s hall be well lighted and located as near to the building or facility entrance a s possible , without interfering with pedes trian traffic. (3) If possible , bicycle parking areas s hould utilize already existing weather protected areas such as building overhangs . (4) If such bicycle and automobile parking areas or accessways abut each other, there shall be provided a physical barrier between the bicycle and automobile areas to prevent the possibility of the hitting of a bicycle or its operator by a motor vehicle. (5) All designated bicycle parking areas shall be accessible by ramps. f. Parking for bicycles shall be provided as follows : -15- I • 0 • • • ' . .. ... ,, • • •• .. Multiple-family re sidential use --one bicycle parking space per each two (2) dwelling units ; facilities solely for senior citizen residential use shall provide one bicycle space for each twenty (20) units. Nonresidential uses --one bicycle parking space per each ten (10) parking spaces required for automobiles , but not less than two (2) spaces per premises, unless otherwi se specified below. (1) Drive-in theater. mortuary . a uto sen,;ce station. a utomobile se rvices, drive-up window s providing services to occ up a nts in vehicle s --none . (2) School (Grades K-8) --one bicycle parking space for each twenty (20 ) stude nts . (3) School (Grades 9-12) --one bicycle parking s pace for each thirty (30) stud ents . (4) Co mmercial recreation one bicycle parking space fo r each twelve (12 ) persons' capacity . (5) Community facilities , including swim club, t enms cl ub . community centers, neighborhood cen ters and similar activities --one bicycle space for each twelve (12) persons' capacity. B. Minimum Standards for Other Uses . In case of a use n ot specifica ll y mentioned , the private off-street parking standards mentioned , to which said u se is generally similar, shall apply. C. Mixed Uses . In the case of mix ed uses , the total sh a ll be the s um of the requirements of the various u ses . D . Location. The parking area must be provided on the same property a s the principal building, except that in Commercial and Industrial District s the required private parking may be within four hundred feet (400') of the property, but within the same Di strict or R-4 Di strict. Such separate parking lots may be maintained as long as the principal building or uses a r e maintained. E . F. Use of Off-Street Parking by Another Building. No part of an off-street parking space for any building or u se shall be included as a part of a n off-str eet parking space of another building or u se, unless s uch uses do not co nflict with each other and joint use is made by contract, approved by the Commission. and subsequently recorded in the records of the Clerk and Recorder of Arapahoe County. Existing Parking Areas. Private off-street parking s pace being maintained in any zone district in connection with any existing building or use on the effective date of this Ordinance shall be hereafter maintained except that it shall not require more than that required for a new bwlding or use in conformance with this Ordinance . -16- ' • I I • 0 . ]~ • -----~-------------------~ .. ,----------------------- • ,., • - G . Plan for Parking Areas in Planned De velo pment. A parking plan s h a ll be provided for any development for which a Development Plan is required . Such parking lot plan shall be s ubmitted to the City Pla nning a nd Zoning Commission for investigation and approval as p art of the considerat10n of the Planned Development. H . Compact Cars. F orty pe rcent (4 0%) of the required off-stre et pa rking may be provided in compact car spaces. Such s pa ces s h a ll be pos ted fo r co mp act car parking only . I. Handicapped Parking. l. The minimum number of required ha ndicappe d parking spa ce s s hall be as follows : Total Number of Required Parking Spaces Required Handicapped Spaces 1 to 25 Spaces 1 Hand icapped Space 26 to 50 Spaces 2 Handicapped Spaces 51 to 75 Spaces 3 Hand icapped Spaces 76 to 100 Spaces 4 Handicapped Spaces 101 to 150 Spaces 5 Handica pped Spaces 151 to 200 Spaces 6 Handicapped Spaces 201 to 300 Spaces 7 Handicapped Spaces 301 to 400 Spaces 8 Handicapped Spaces 401 to 500 Spaces 9 Handicapped Spaces 501 to 1,000 Spaces 2 .0% of Total Required Spaces 1,001 Spaces and Over 20 Handicapped Spaces plus 1 handicapped space for each 100 spaces over 1,000 spaces 2 . The size of the handicapped space shall be eight feet (8 ') m width. nineteen feet (19') in depth with five foot (5 ') access aisles. 3 . 4. Each handicapped space shall be marked with a freestanding sign and pavement markings using the standard unifor!D wo rds, symbols and colors that signify that the space is for parking by the handicapped only . Deaignated handicapped spaces shall be located as near to the entrance of the U8e u po11&ible and shall be generally designed so that pedestrian ac:ceu between the parking space and the building shall not involve c:roNinc an area ueed for vehicular circulation. -17- .. '• I • 0 • • -• '· .. • • • - 5 . Access r amps usab le by the h a ndi capped s h all be prov id e d for a ny change in grade betwee n the parking s pace a nd the use . 6 . Th e tota l number of s paces pro~;d ed fo r the handicapped s h a ll be included in the t otal number of parking s paces otherwi e r eq uired by this Ordinance. J . Private Off-Street P arkin g Spaces in Re s id e ntial Di s tricts. Private off-str eet parking spaces in r esidential di trict s sh a ll be prohibited within te n feet (10') of the prope rty line ad;acem to a n y stree t . K. Landscaping. Off-s tree t parking a r eas s h all co mpl y with the landsca pe section of the Comprehensiv e Zomng Ordina nce . L . Snow Rem oval a nd Snow S to rage . Owners of pa rking Jot s hanng fifty (50) or mor e s paces s h a ll proV1d e a desig n ated a r ea fo r the st or age of s now r e mo,·e d fr om t he lot. S uch stora ge a rea sh a ll n ot be in a required parking s pace or spaces. Sect10n 9. Safety Clause Th e City Co uncil , he r eby fi nd s. d ete rmines, a nd d eclares tha t tlu s Ordinance I pr omulga t ed under the ge ne r al police powe r of the City of Englewood , that 1t 1s promulgated for the health , sa fety. a nd welfare of the public, and that this Ordina nce 1s necessa ry fo r the prese rv ation of health and safety a nd for the protection of public co nv eru e nce a nd welfa r e. Th e City Co unc.11 further d et e rmines that the Ordinance bear s a r ation a l r elation to the proper legis la u ve o b;ect sought to be obtained . Sectjon 10 . Severabjlity If any clause, se nte nce , paragr a ph , or pa rt of this Ordinance or the application thereo f to a ny per so n or circumst a nc es s ha ll for a ny r eason be adjudged by a co urt of co mp etent jurisdiction invalid , such judgment sh a ll not affect, impair or invalidate t he r e mai nd er of this Ordinance or its ap pli cation to othe r persons or circumstances. Sectjon l J Jnconsjstent Ordin;rnce s Notlung her ei n co nta ined s ha ll be d ee med a wa iv er of the provisions of a ny other Code section or regulation applica bl e to fen ces. If the r e is a conflict between the regulation s in thi s Section a nd a ny othe r Co d e secti on or r egulations , the mor e s tringe nt regulations s ha ll a pply. Sect10n 12 . Effect of repe al or modjficat.jon The rep ea l or modifi ca tion of a ny provt s1on of the Co d e of the City of Englewood by this Ordinance s h all not r e lease . extinguis h . a lte r , modify , or change in whole or in part a ny pen al ty. forfeiture , or li a bility , either civil or criminal , which shall have been incurred unde r such provis10 n , a nd each provision s hall be treated and held as still r emai ning in forc e for the purposes of s u s taining any and all proper actions, s ui ts , proceedi ngs , and prosecutions for the enforcement of the penalty, forfeiture, or li ability , as we ll as for the purpose of s ustaining any judgme nt. decree, or order which ca n or may be r e nd e red , entered, or made in s uch actions, s uits , procee dings , or prosec ution s . Sectjon 13 . fen.alty . The Penalty Provisio n of E .M.C. Section 1+1 s ha ll ap pl y to each a nd every violation of this Ordinance . -I 8- • . ) I • 0 - • • .. • ,,,.- • .. ,i1. .. .. .. -. • -.. ' .. Sectjpp 14 . Exjstjng Uses . Any use in existence prior to the effective date ofthis Ordinance, which is not otherwise addressed by conditional use limitations , which does not conform to the limitations established by this Ordinance, shall be nonconforming. A nonconforming use, allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title . Because it is a purpose of this Ordinance to eliminate nonconforming uses , a nonconforming use shall not resume if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title . Introduced, read in full, amended and passed on first reading on the 20th day of September, 1999. Published as an amended Bill for an Ordinance on the 24th day of September, 1999 . A Public Hearing was held on October 18 , 1999. Read by title and passed on final reading on the 1st day of November. 1999. Published by title a s Ordinance No .~ Series of 1999, on the 5th day of November, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby rtify that the above and foregoing is a true cop y of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1999. Loucrishia A. Ellis -19- ,. .. ., >' :.: .. ' '\ -,. ~ • I • 0 32X • • -------~-' RESOLUTION NO. 'i:1 SERIES OF 1999 ,. • • - .. //c,· A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BE'lWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2000 -2001. WHEREAS, the previous Collective Bargaining Contract with the Englewood Police Benefit Association was for the years 1998 -1999; and WHEREAS, the City of Englewood and the Englewood Police Benefit Association entered into negotiations on May 14, 1999 in accordance with the Englewood City Home Rule Charter; and WHEREAS, the members of the Englewood Police Benefit Association duly ratified, by a majority of the members, the Collective Bargaining Contract; and WHEREAS, approval by the Englewood City Council of the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood for the years of 2000 -2001, is hereby given; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectipp 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 f'or the years of 2000 -2001 , attached hereto as Exhibit A. $ectipp 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 1st day of November, 1999. Thomas J . Bums, Mayor ATTEST: Loucriahia 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 1999. Loucrishia A. Ellis ., ... . ' . I • 0 32X - • • • • -• .. , . .,. • ... -.. COftllCT &B'l'HD 'lJIB CITY OJ' DGLffOOD DGLDOOD POLICll BDD'I'f USOCll'l'IOB J'OR 'fBB 'fBalUI 2000 -2001 .. ' ' This reproduction of the 2000-2001 contract has been prepared by the City Administration for distribution to all covered Police officers so that everyone will be aware of the rights and benefits contained herein . . ., ., >' ..: .. ' < ~ • ( .. J 0 I . 0 32>< ' . -· • .. ... ... • -.. INDEX ~ ARTICLE 1 DURATION OF CONTRACT . 2 ARTICLE 2 RECOGNITION . . . . 3 ARTICLE 3 EMPLOYEE RIGHTS 3 ARTICLE 4 SENIORITY 4 ARTICLE 5 HOURS OF WORK 5 ARTICLE 6 BIDDING PROCEDURES FOR SHIFT ASSIGNMENT 7 ARTICLE 7 SPECIAL ASSIGNMENT s A.~TICU: 8 UYOFF. s A.~TICU: 9 COMPENSATION 9 A.~TICLE 10 PERFOIU-'.ANCE STIPENDS 1 0 ARTICLE 11 OVERTIME WOR."< 11 ARTICLE 12 CALL BACK 12 ARTICLE 13 STA.'iDBY lJ ARTICLE 14 ACTING PAY 13 ARTICLE 15 UNIFORM CLEANING ALLOWANCE 13 A.~TICLE 16 ANNUAL LEAVE 14 ARTICLE 17 HOLIDAYS , . . 17 A.~TICLE 18 ADMINISTRATIVE LEAVE 18 A.~TICLE 19 MILITARY LEAVE 18 • A.~TICLE 20 FUNERAL LEAVE 19 ARTICLE 21 JURY DUTY 20 ARTICLE 22 LEAVES OF ABSENCE (WITHOUT PAY) 20 ARTICLE 23 PERSONAL LEAVE. . . . . . 21 I • 0 i - • ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 A.~TICLE 37 • • • -.. ... DISABILITY -TEMPORARY (NON JOB RELATED) ON-THE-JOB INJURY -DISABILITY LIFE INSURANCE • DENTAL INStJRANCE HEALTH INStJRANCE -EMPLOYEE/RETIREES RETIREMENT BENEFITS RULES AND REGULATIONS TUITION REFUND , DUES DEDUCTION ASSOCIATION ACTIVITIES • LETTER OF COR.lU:CTIVE ACTION DISCIPLINARY ACTION GRIEVANCE PROCEDURE EXCLUSIVENESS OF CONTRACT ii .. ' .. 22 24 24 24 26 27 28 28 28 29 29 31 31 33 • .. . I . 0 --------------------.-,.-------------.-------~---------.-. • • •· ... , • - CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood, Colorado, and the Englewood Police Benefit 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 wor~, and other conditions of employment mutually agreed upon. Except where limited ty ex~ress provisions 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 exc_us:v e 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 ser1ices to be rendered, the operat ions to be performed, the technology to be utilized, or the matters to be budgeted. o. 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, ar.d 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. ' . ', I • 0 - • • .. • • -. •• ' 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. ARTICLE 1. DURATION OF CONTRACT A •. This Contract shall take effect on Janu a=Y 1, 2 000 a nd shall continue in force to and inclu ding Decembe:-3 1 , 2 col , p:-ovided that either party may reopen fo:-negotiation Artic l es 9, 27, 28, and the subject of the perfo~ance criteria re:e:-red to in Article 10.B only, by giving written notice of inten t to negotiate any or all of those Articles prior to May is, 2000. Su ch notice shall state the reason for reopening negotiations, but such statement shall not entitle the other party to refuse to negotiate. Any such negotiations shall proceed as provided in the City Charter. B. This Contract, or any part of it, may be ter:ninated or renegotiated at any time by mutual consent of both parties. C. If any a:-ticle or section of t!"l.is 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. The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any 2 '· ., ..: ', ) I • 0 ~-J r • .. • ,,...- • J-~ll .. . .. • .. -' " subject or matter appropriate for negotiation discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract. ARTICLE 2. RECOGNITION The City recognizes the Englewood Police Benefit Association as the 8lllployee organization certified by the City cf Englewood as the exclusive representative for sworn Police employees within the following bargaining unit: Included: All full-time, classified sworn police officers below the rank cf Sergeant cf the City Police Department. Excluded: All others. ARTICLE 3. EMPLOYEE RIGHTS l. 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 cf officers is deemed appropriate and necessary. A written policy has been developed and included in the operations manual specifically addressing the issue of administrative and criminal investigations 3 • ' ., " ~ . ) I· 0 • • ' '- • .. • - and employee rights. No changes will be made in this policy without prior consultation and review with association representative(s). ARTICLE 4. SENIORITY For the purposes of this Contract, seniority shall be determined first by length of continuous full-time service with the City Police Department according to rank and second by length of continuous full-time service with the City Police Department from the first date of hire, provided the employee successfully completed a probationary period. In cases where two or more employees have the sallle hire date, the badge number as issued by the department shall establish priority of position on the seniority list. After an employee successfully completes the probationary period, their name shall appear on the seniority lis~ as of the first date of hire. The seniority of an employee shall terminate under any of the following conditions: l. When an employee has been laid off for a period of one year or more. 2. When a laid off employee fails to give notice of the employee's intent to re':u::-n 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. 3. 4. 5 • 6. When the employee gives notice but fails to return to work within seven (7) calendar 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 23. If an employee is absent for three (3) consecutive regularly scheduled working days without notifying the 4 ' ., \. 0 I • 0 • • ~ ... ,' • - •, Director of Safety Services or immediate supervisor prior to such three ( 3) days' absence with out good cause as determined by the Director of Safety Services. 7. Failure to return to work after expiration of a formal leave of absence. 8. An employee rehired but whose absence from City employment was less than eighteen (18) months will have their prior accrued seniority with the City restored. 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 week A wcrk week is a regular recurring period of 168 hours in the form of seven consecutive 24-hour periods. The work week need not be the same as the calendar week. The work week may begin on any day of the week and any hour of the day and need not be the same for all employees. B. work Schedule 1. The work schedule for officers assigned to the uniform patrol bureau, including roll call and meal periods, shall consist of five (5) eight (8) hour and fifteen (15) minute work days: four (4) ten (10) hour and fifteen (15) minute work days; or other work schedule as determined by the Director of Safety Services. 2. J. The work schedule for officers assigned to the investigation bureau or other special assignment, including meal periods, shall consist of five (5) eight and one-half (8-1/2) hour work days, four (4) ten (10) hour work days or other work schedules as determined by the Director of Safety Services • Any change in an officer's bid or assigned schedule (starting time, quitting time, scheduled days off) 5 .. . ' ) I • 0 • • • • 1-.. ,. • -... 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 representatives issues and concerns regarding the method and possible compensation associated with schedule changes. c. D, Chanaing Work Schedules The work schedule may be changed by the Director of Safety Services provided a minimum five (5 ) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services. When an employee's work schedule is char.ged for purposes of training, special instruction, etc., the supervisor sha l l make a reasonable effort to accomncda-:e the employee's interests concern i ng the schedul ed change. Staf=ing The need for an appropriate level of staffing is recognized by the City for the purpose of efficiency and safety. The Police Depart::ne:,t will address this issue in departmental policy. E, Meal Periods -Patrol O!!i cers F • Officers assigned to the unifor:n patrol bureau shall be allowed a paid meal pericd of forty-five (45) minutes each f~ll work day, provided that the meal period shall be a uthorized and controlled by the employee's supervisor and may be denied in whole or in part if the supervisor determi nes that circumstances so require. An employee may conduct personal busineEs during the meal period. Meal Periods -Detectives Officers assigned to the investigation bureau or other special assignment shall be granted a paid meal period of thirty (30) minutes for each full work day. Employees working a ten (10) hour work shift shall be allowed a paid forty-five (45) minute meal period. The meal period shall be authorized and controlled by the employee's supervisor. 6 • ,. . .. ' · . I • 0 •• • • G. .. ,. ,..--. • ·, • - ... Rest Periods Employees shall be granted a paid rest period not to exceed fifteen (15 ) minutes dur i ng approximately the first one-half of the employee's regu_ar work day and an additional fifteen (15) minutes rest break approximately in the second one-ha l f of the work day. Rest periods shall be authorized and controlled by the employee's supervisor. ARTICLE 6. BIDDING PROCEDL"RES FOR SHIFT ASSIGIDK.ENT A. Seniority applicable to the seni ority bid process w.:.11 be determined in accordance with . the tota l length of continuous employment as a Police Officer w.:.th t~e City of Eng l ewood. Prior City employment in other than a Po l ice Officer capacity will not apply toward seniority. Probat i ona:::-1 emp l oy ees will not :Ce included in the bid process. Bidding for Watches and Da v s Of: B. The sen.:.ority 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. The uniform patrol bureau commander will develop and post a schedule prior to each year for a tNelve-month period. A patrol officer in the uniform patrol bureau will bid once each year in Novem:ter for assignments within four (4) three (3) month intervals. There will be a total of five (5) non-biddable positions which shall consist of two(2) non-biddable position on Watch I and three (3) non-biddable positions on Watch II, provided that any new position(s) added to the uniform patrol bureau after January 1, 1997, shall be non-biddable positions, up to a max~mum of nine (9) non-biddable positions in the bureau. The bidding process will begin with the most senior Police Officer bidding the positions of their choice. In the descending order of seniority, each remaining Police Officer will have choice of the remaining biddable positions. All specialized positions such as crime prevention officer, traffic officer, etc. will not be open to bid. The specialized assignments along with any no-bid positions on a watch, 7 • •. ... ) I • 0 • • -. --• t· .... 1 .. • • ... will be in addition to the biddable position on each watch. Officers 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 uniform patrol bureau commander. If an employee fails to submit a bid in accordance with the bidding procedure, the employee will relinquish t.~e opportunity to bid by seniority, and will be assigned at the discretion of the uniform patrol bureau commander. An employee in an other 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 patrol division commander. The officer will then be al_owed to bid at the next bid process. It is further understood that should a schedule change for unforeseen emergency circU1Ustances arise, officers may be assigned by the uniform patrol bureau commander from·one shift to the other to handle whatever emergency situation exists during the duration of the emergency. ARTICLE 7. SPECIAL ASSIGNMENT Effective Janua:::y 1, 1988, the Department will establish a written process for selection and service including performance of employees for special assignments. The Director of Safety Services will consult with the Association regarding any future changes to the selection process. ARTICLE 8. LAYOFF Whenever there is lack of work, lack of funds, or under conditions where the City determines continued work wculd be inefficient or nonproductive, 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 8 • ., .. I • 0 • .. • . - • ..... "' .. .. • ' .. • .. perfor:nance evaluations, co!Dlllendations, disciplinary actions, education, training, etc . Any employees who have not yet achieved permanent or regular status or who have less than eighteen (18) 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 in their respective class, in i:ivarse order of layoff, provided that such recall occ .. rs within one (l) year of layoff. The City's obligation to reemploy an employee shall be satisfied if it makes an offer of employment to an employee within a classification for which the employee is qualified. In the event the employee fails to accept the offered employment, the offer will be deemed as denied and the e~p:oy ee's rights with the City shall in all respects be terminated at the time. In the event the quality and length of service are equal, seniority shall prevail. A.i employee in a higher rank if laid off may transfer to his/her previous lower rank provided the employee had permanent status in the lower rank. An employee so transferred shall have the first right of refusal to t!le former h i gh leve_ position that the employee had held. The recall list shall terminate after twelve (12) months. Employees shall not continue to accrue service credit, including seniority, or be eligible for any City benefits during layoff. In t.~e event of a layoff, affected employees will be given as much advance notice as possible. ARTICLE 9. CC-'.?ENSATION A. For t!le period January 1, 2000 through December 31, 2000, the salary schedule is as follows: POLICE OFFICERS MONT:ILY ANNUAL Police Officer V $2,904 $34,848 Police Officer IV $3,089 $37,068 Police Officer III $3,397 $40,764 Police Officer II $3,736 $44,832 Police Officer I $4,109 $49,308 ' ..: \ ' ' ) I • C, 2.>< • • .. • -• l • •• .. • • ' ' ~ B. For the period January 1, 2001 through December 31, 2001, the salary schedule shall be as follows: POLICE OFFICERS MONTHLY ANNUAL Police Officer V $3,020 $36,240 Police Officer IV $3,212 $38,544 Police Officer III $3,533 $42,396 Police Officer II $3,885 $46,620 Police Officer I $4,273 $51,276 ~ase Sala;r;:y For the purposes of deter:nining an employee's base wage, the employee's regular straigh~ time hourly wage rate and longevity shall be used, excluding all other for:ns of employee compensation. (The above provision shall be used only for the purpose of determining pension benefits under the City and State pension plan.) In order to comply with Fair Labor Standards Act, longevity will be used to determine overtime compensation and calculated at the end of each year. Merit 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 merit increase may be granted or denied to any individual Police Officer upon recommendation of the Director of Safety Services and with the approval of the City Manager upon written notice to such individual Police Officer. The date in which the merit increase is approved shall determine the new merit anniversary date • ARTICLE 10. PERFOR1'f.ANCE STIPENDS A. B. Each Police Officer I shall be eligible for a stipend in an amount determined by the Director of Safety Services, up to a total of $500 each year. such stipends shall be awarded in the exercise of the Director's discretion, based upon specific written objective and subjective performance criteria developed by the Director and made available to employees. The 10 ' . '· .. ~ . , ) I • 0 I • • • • --• • •• .. ... Director shall make such criteria available prior to May 15, 2000 and the Englewood Police Benefit Association may reopen negotiations concerning such criteria pursuant to Article l.A. c. Eligible employees who believe they meet the criteria for such an award shall submit applications to the Em;l oyee Incident and Recognition Committee on or before thirty (30) days prior to the employee's employment anniversary date. The Committee shall make a recommendation to the Director regarding the amount of the stipend, if any, to be awarded to the employee. The amount recommended shall not exceed the amount set forth in Paragraph A, above. The Director shall promptly consider and make a determination as to each such recommendation. o. Employees hired on or before April 8, 1978 shall be paid longevity compensation in the amount of $48.00 per month, or $576.00 per year. ARTICLE 11. OVERTIME WORK A. Employees covered by this Contract shall be compensated at time and one-half (1 l/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 t-..,ice for the same hours worked. c. The City retains the right to assign overtime work to any employee qualified to perform the work. o . E. overtime available during a given watch shall be offered on a voluntary basis to officers working the preceding or succeeding watch, as appropriate, 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 . Employees who have worked overtime hours may take time off in lieu of overtime pay upon mutual agreement between the employee and the employee's supervisor. If there is no mutual agreement, the employee shall be paid. Such 11 • ., ) I· 0 J • • -. .. ~ ,,,-- • l, .. ... .. • -' time off shall be taken during the pay period in which it was earned and shall be paid in accordance with the Fair Labor Standards Act. If the employee is unable to take such time off as a result of emergency or unforeseen circumstances, the employee will be compensated at the overtime rate of pay for such time .. F. Emp l oyees required to attend firearms qualification on their off-duty time will be guaranteed two (2) hours overtime pay if they successfully qualify during such attendance. Employees required to attend firearms qualification en their off-duty time and who fail to qualify will be compensated for time actually spent in attendance at the qualification facility at their regular rate of pay unless payable as overtime pursuant to this Article. ARTICLE 12. CALL BACX A. An employee on off-duty status who is called back to duty shall be credited with a min i mum of two (2) hours of pay at the rate of one and one-ha_f (l 1/2) the employee's regular hourly wage rate. B. An employee called back to work during the first two (2) hours prior to the start of th.eir regular shift shall be paid at the overtime rate for all hours actually worked up to the starting time of the :r regular shift. c. Should any employee be rec;;uired to testify before any court or departmental administrative hearing as a result of his/her official duties with the City, the time spent by such employee in provi ding such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would other#ise be off duty, the employee shal l be paid as provided under Section A above. The employee shall pay to the city all witness fees, and other compensation paid to the employee in conjunction with so testify i ng excluding mileage fees. An employee who is called for wit~ess duty shall present to their supervisor the original sUllllllons 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. 12 • " ' .. ) I • 0 - • • • ,. • • - D. 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. ARTICLE 13. STANDBY Employees assigned to standby duty shall be credited with t~o and one-half (2,5) hours of pay at t.~e overtime rate of pay for each twenty-four (24) hour period, or portion thereof, 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 cf pay at the overtime rate fer each such ass:gnment. A.~TICLE 14. ACTING ?AY Al-acting positions will be compensated at 100% cf the pay for the pcsi tion in which he/she is acting as approved by the Director cf Safety Services. The employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acti~g position compensation. Such pay will be retroactive to the first day said employee assumes the responsibilities of the position. A.~TICLE 15, UNIFORM CLEANING ALLOWA.~C:E: A. The City shall furnish, er reimburse the cost cf un:forms, including leather gear, i~signias, shoes and clothing, required while en duty, and shall pay all costs of maintenance, repair and cleaning thereof, provided that reimbursement of such costs shall net be required if approval of the Division Chief is not obtained in advance. The City shall provide the necessary cleaning. All employees assigned to the investigation bureau for a period of thirty (30) days or mere and net required to be in u.~ifor,n during work, shall receive a monthly clothing allowance cf $60. All employees assigned to the Police Administrative Division (e.g., Internal Affairs and D.A.R.E. Officers) fer a period of thirty (30) days or mere shall receive a monthly clothing allowance of $40. The employee shall be responsible fer all lost or stolen items identified above, er damage to the same, as a result of THE EMPLOYEE'S negligence or deliberate act. 13 • · . I • 0 • • • ,. ,,-·• • ,. .. ·, .. .,. • ' " -' B. The City will provide on a replacement basis a high quality bullet proof vast (flack jacket). 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. ARTICLE 16. ANNUAL LEAVE A. Employees hired prior to December 31, 1983, and covered by this Contract shall acCUlllulate annual leave monthly at the following rates. Length Hours Hours of Service per Month per Year 0-9 10 120 10-19 13.33 160 20 and above 14.16 170 The maximum accumulation of annual leave shall be as fellows: Length of service 0-9 10-19 20 and above 240 320 360 Employees hired January l, 1984, and thereafter shall accumulate annual leave at the following rates. Length Hours Hours of Service per Month per year 0-4 8 96 5-9 10 120 10-19 13.33 160 20 and above 14.16 170 14 ' . ., .. .. ' _, .. • I . C, • • • -· • .. . . • - ... The maximum accumulation of annual leave shall be as follows: Length of service H2Yil 0-4 192 5-9 2~0 10-19 320 20 and above 360 B. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless other#ise authorized by the Director of Safety Services. In order to qualify for ar.nual leave credit during the month, the employee must have worked for at least one-half (l/2) of the working days of that month excludi~g authorized paid leave. c. Annual leave sha_l ne:.ther be author:.zed nor computed for any purpose after the maximW!I accumu_ation has been reached. ~he schedule for use of annual leave shall be dete:::-:nined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety services. Employees shall not lose accumulated annual leave after the maximum has been reached if the employee has requested use of annual leave prior to maximum accumulation, and has been denied use of annual leave. Annual Leave Pav The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the Director of Safety Services. Employees may receive their annual leave pay not earlier than three (J) days prior to the star~ of their annual leave, provided the employee makes a written rec;:Jest to their supervisor fifteen (15) calendar days prior to the s~art of t.~eir annual leave. work puring 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: 15 • • I I • 0 • • -. • .,.... . • • - .. ' ' .. A. The employee shall be paid for all hours worked at the overtime rate. B. The employee shall not be charged with vacation time for the number of hours worked. There shall be a one-week minimwn on use of annual leave time, unless otherwise authorized by the Director of Safety Services or his/her designated representative. The maximum use of annual leave shall be no greater than the amount accwnulated by the employee prior to the starting date of the employee's annual leave request, and in no event shall the anr.ual leave exceed four (4) consecutive weeks unless otherJise authorized by the Director of Safety Services. Annual Leave Pav ~con Seoaration Any employee who is separated from the service of the City, i.e., retirement, termination 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. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. Bidding for Vacations Each officer will bid one vacation, by seniority, for the year's period, January 1 through December 31. Additional vacation periods will be granted, on a first requested basis, only after all seniority-bid vacations have been scheduled. The bidding process for vacations will take place in November as scheduled by the uniform bureau commander after completion of all bidding for watches and days off. Vacations are expected to be scheduled in good faith by each employee and shall specify the exact dates desired. 16 . ! ) I • 0 ---------------""'""!!---------·-.,-------------------------• • l· •,, • • ... In the uniform patrol bureau, not more than four (4) officers per watch will be scheduled for vacation or holiday leave at the same time, unless approved by the Director of Safety Services. Within the bureau, not more than two (2) officers will be scheduled for vacation at any one time unless approved by the Director of Safety Services. Vacation within the investigations ar:d administration divisions will be scheduled by their division commander according to seniority. ARTICLE l7. HOLIDAYS A. All officers covered by this Contract shall be scheduled for ten (10) holidays off with pay at the discretion of the Director of Safety Services or designee. Scheduling will be dependent on the work load of the depart:nent. t:pon mutual agreement of the employee and the Director o! Safety Services, a maximum of five (5) holidays may be cashed cu~ for pay in lieu of ti:ne off. At the employee's option, one ( 1) holiday shall be guaranteed to be cashed out for pay in lieu .of time off. The rate of pay shall be at the employee's regular hou=ly wage rate. In the uniform patrol bureau, not more than two (2) officers per watch will be scheduled for vacation or holiday leave at the same time, unless approved by the Director of Safety Services or designee. Holidays will be bid after all vacations have been bid by seniority with vacations taking precedent over holidays. The bid time for holidays is the same as vacations according to bid schedule, except that any holidays not scheduled or used by August l of that year may be assigned. If after the employee has begun their holiday and the City requires the employee to work during the scheduled holiday period, t.~e 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. 17 • I .... I • 0 .] • • • • • -• ' . • .. ' .. .,. • .. -... ... B. Officers assigned to the investigation bureau or other special assignment shall be allowed the regularly observed City holidays and may be allowed a floating holiday option. They may be allowed to exchange any cf the below listed holidays for any other day in the year he/she is ncr:nally scheduled to work. Scheduling will be made with the approval of the Director cf Safety Services or designee. Holidays which may be exchanged are the following: Washington's Birthday Veteran's Day Friday after Thanksgiving Labor Day Memorial Day Christmas Eve or New Year's Eve If a holiday falls on a detective's regularly scheduled day off, he will be given an alternate day off. This provision shall also apply to police office=s regu l arly assigned to special duty by the Director of Safety Services. ARTICLE 18. ADMINISTRATIVE LEAVE Administrative leave with pay may be granted an employee at the discretion of the Director cf Safety Services 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. ARTICLE 19. MILITARY LEAVE A. A.,y per:nanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (l) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces cf the State, new or hereafter organized or constituted under the state or federal law, or who shall be a member of the reserve forces of the United States, new or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his/her employment without loss of pay, seniority, status, efficiency rating, 18 .. ' ' ' .. I • C, • • • i• ·-.'. .. • • vacation, sick leave or other benefits for all the time when he/she is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen ( 15) days in any calendar year. such leave shall be allowed in case the required military service is satisfactoril y performed, which shall be presumed unless the contrary is established. c. Such leave shall not be allowed unless the employee returns to his/her public position illllllediately upon being relieved from such military service and not later than the expiration cf the time herein limited for such leave, unless he/she is prevented from so returning by physical or mental disability or ctr.er cause not a due to his/her own fault or is required by proper a u thorities to continue in such military service beyond the ti~e h ere in li~ited for such leave. D. The City shall provide full pay to an e~ployee on military leave, pursuant to Section B, above, less whatever wages the employee may have received by the military for such service. E. Any employee who is required to attend a weekend reserve duty may request that his/her scheduled duty days be rescheduled during the same pay period during which the requested weekend falls. This request may be approved if such rescheduling can be accomplished at the convenience of the Police Division. Such request must be sul:mitted to the Director of Safety Services as far in advance of the requested weekend as possible, but in no event shall it be submitted less t.~an six (6) weeks in advance cf the requested weekend, and the Director cf Safety Services shall respond within two (2) weeks after the request is received. such request for rescheduling shall not arbitrarily be denied . ARTICLE 20. FUNERAL LEAVE The Director of Safety Services 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, 19 • .. _ ', ) I • 0 • • • --------------------.. ,---~---------------~------------- • .. • -' grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE 21. JURY DUTY Leave may be granted to an employee for serving on jury duty. The employee shall be entitled to the difference between his/her regular compensation and t.~e fees received for jury duty. A.~TICLE 22. LEAVES OF ABSENCE (WITHOUT PAY) Elicribility Per.nanent employees cove=ed by this Contract may be g=anted a leave of absence without pay for reasons o! education which is allied to the duties of the City, settleme~t of an estate, chi_d care, serious illness of a me:nber of the e:nployee' s family, or other good causes, but shall not be used fo= the purpose of obtaining employ:nent elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended for good cause upon request for additional periods of time. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position i! available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to acc~e service credit, or be eligible for any City benefits. Aoolication for Leave A request for leave of absence without pay shall be submitted in writing by the employee to the Director of Safety Services. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested . Consideration of Leave Request The Director of Safety Services may grant or deny leave requests, taking into consideration the department's work force, work load and the employee's request . 20 . ' ) I • 0 - l • • • _ ........ • •• .. " Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City, unless the appointing authority deter.nines that unusual circumstances exist. ARTICLE 23. PERSONAL LEAVE All employees covered by this Contract on an eight (8) hour work day shall be granted 48 personal leave hours with pay and those on a ten (10) hour work day shall be granted so personal leave hours with pay which an employee is er.titled to use for the following purposes: A. Time lost as a result of illness/inju:y to the e~ployee or the employee's i:nmediate family. B. Attend personal business. c. Leisure time. For any employee who has not used the 48 or 50 personal leave hours ending October 31 of each year or any portion thereof, the City will compensate said employee for the unused time at the e~ployee's wage rate to be paid during the month of December of that year. Personal leave time shall not exceed the 48 or 50 hours as designated above nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Director of Safety Services for personal business and leisure time. 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. 21 .. .. . ' 0 I • 0 3 I - -. ~ -• ' l·~, f .. .. • -' ... ., ARTICLE 24. DISABILITY -TEMPORARY (NON JOB RELATED) A. Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. B. Provision The City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury as follows: c. 0-4 years 5-9 years 10+ years Accumulation and Restoration 347 hours 520 hours 693 hou:-s Temporary disability leave shall not be accumulative except that on January 1 of each year, the City shall restore 100% of t~e number of hours previously used by an employee as follows: 0-4 years up to a maximum of 174 hours 5-9 years up to a maximum of 261 hours 10+ years up to a maximum of 347 hours D. Utilization 1. Authorization for temporary disability leave with pay shall only be granted after the first day of disability. 2. Authorization for temporary disability shall only be granted for the following reasons: a. Personal illness or 1.nJury not service connected, including maternity. b. Service connected injury or illness only after the ninety days described in Article 25 has been exhausted. 22 ,. .. . , ' .. 0 I • 0 I • • .. • .,-. • , . .. • . ' -' ... E, Sick Leave Option All sick leave accrued by permanent employees prior to January l, 1980 shall vest with the employee, and may be used in the following manner: l. After the 693 hours as described above have been used unless the employee is entitled for retirement as a result of disability. 2. By cashing in all accrued sick leave accumu:'ited under the previous plan upon normal or disability retirement from the City at the rate of one hours pay for each tNo hours of accrued sick leave or one hours pay for each four hours upon separation from the City. 3. By cashing in accrued s:ck leave u~der the prev:ous plan, once each year at the convers:on r~te of f~ur (4 ) hours sick leave for one (l) hour pay, not to exceed a conversion of more than 400 hours each year. F, Reoorting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor at least 30 minutes prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning cf the employee's work schedule unless circumstances beyond the control of the employee would not permit. G. Verification of Disabilitv If the Director of Safety Services requires a physician's statement of disability, the City shall bear the cost of such physician's statement • H. Abuse of Te~porarv Disabilitv Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action. 23 • ' ., ) I • 0 --------------------~------. • • .. • • • ARTICLE 25. ON-THE-JOB INJ'u~Y --DISABILITY 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 90th calendar day of such absence, less whatever sums received by the employee as disability wages under workmen's 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 worlc:nen's compensation or the retirement/pension provisions as provided under State Statute. B. All injuries t!lat 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 emploY111en~ ur.less circumstances beyond the control of the employee would not pe::nit. c. During the te::111 of this Agreement, the City shall pay one-half (l/2) of the state-mandated contribution for death and disability pursuant to§ 31-31-811(4), C.R.S., for officers hired after January 1, 1997. ARTICLE 26. LIFE INSURANCE Te:::in life insurance will be provided by the City for employees covered by this Contract in an amount equal to one year's salary as specified in A--ticle 9.A or B, whichever applies, not to exceed $50,000. ARTICLE 27. DENTAL INSURANCE A. The City will pay eighty-five percent (85%) of the premium cost for dependent and single coverage for dental insurance and employees will pay fifteen percent (15%) of the premium cost for dependent and single coverage for dental insurance. B. The City agrees to continue to provide each employee covered by this Contract the same level of dental benefits as 24 ,• ' •, ... I· 0 2 . ] • • .. ~ ./' • , . ... ,, • ' ... -.. ... provided to them as of January l, 1980, except the City shall improve said benefits according to industry standards each year. C. Any dispute concer~ing the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable item under this Contract.) o. In order to promote a better understanding of the City's procedure for resolving employee disputes concerning the interpretation and application of the City's heal th and dental insurance program, the following procedures shall be utilized in those instances where an employee feels that their health or dental insurance claim has not been processed or paid in a manner consistent with the City's insurance plan. l. I! an employees feels that his/he= r.ealth or den~al claim has been incorrectly paid or denied, the emFloyee shall first contact and in!or.n the City's Risk/Benefits Administrator in the Human Resources Department at City Hall. 2. If the disputed cla:.:n cannot be resolved by the Benefits Coordinator, the claim will be resubmitted to the insurance administrator for further review and consideration. 3. If the claim cannot be resolved to the satisfaction of the employee by the insurance administrator, the claim will be forwarded with all pertinent information to the City's insu=ance consultant for further review and investigation and who shall attempt to resolve the dispute through information and mediation. 4. The written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision which shall be final. The cost for 25 • ,. ~ . • I • 0 • • • .. • • • • ' .. 0 employing the Colorado Foundation for Medical care shall be paid for by the City. ARTICLE 28. HEALTH INSURANCE -EMPLOYEES/RETIREES A. The City will pay eighty-five percent (85%) per month for the premium cost for dependent and single coverage and t.~e employees will pay fifteen percent (15%) of monthly premium cost for dependent and single coverage in any of the heal th plans offered by the City. B. The City agrees to continue to provide to each employee covered by this Contract the same level of health l::enefits as provided to them as of January l, 1980, except the City sl:all improve said benefits according to industry standards each year. c. Any dispute concerning the interpretation or applicati on of benefits provided under the Health Insurance P_an sha_l be subject to the dispute resolution procedure ~nly. (It is express l y understood that this a~icle is a ncn-grievable item under this Contract.) o. In order to promote a better understanding of the City's procedure for resolving employee disputes concerning the interpretation and application of the City's heal th and dental insurance program, the following procedures shall be utilized in those instances where an employee feels that their health or dental insurance claim has not l::een processed or paid in a manner consistent with the City's insurance plan. 1. If an employee feels that his/her health or dental claim has been incorrectly paid or denied, the employee shall first contact and infor:n the City's Benefit Coordinator in the Employee Services Division at City Hall • 2. If the disputed claim cannot be resolved by the Benefits Coordinator, the claim will be resubmitted to the insurance administrator for further review and consideration. 3. If the claim cannot be resolved to the satisfaction of the employee by the insurance administrator, the claim 26 • • I I . 0 • • • .. • ,.,.-. • . ,. .. ·~ • -' will be forwarded with all pertinent information to the City's insurance consultant for further review and investigation and who shall attempt to resolve the dispute through information and mediation. 4. The written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by the City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision which shall be final. The cost for employing the Colorado Foundat i on for Medica l Care sta_l be paid for by the City. A.tlT!CLE 29. ~TIREMENT BENEFITS A. Retirement benefits shall be provided for as stipulated under state statute. In addition, the City shall continue to provide the same level of benefits as provided for in the Englewood Municipal Code. B. Employee contributions will not be increased above t:ie 5% to employees hired prior to April 8, 1978 and 8% for employees hired after April 8, 1978 contribution levels unless required by state statute. c. It is understood and agreed by both parties that any referral to health insurance for retirees or future retirees is not to be const=ued as a part of this Contract. The City agrees outside this Contract that it will continue to allow retirees and futu::-e retirees a conversion privilege to the health insurance conversion plan available through the City. The City also agrees to pay 50% of the cost of coverage of the conversion plan or other plan selected by the retiree up to maximum of $75.00 per month for employees who retired on or before December 31, 1994: and up to a maximum of $100.00 per month for employees who retire on or after January 1, 1995 • 27 . . I • 0 . ] • • • .. ~ ,,.--· • ' . .. .. • ' ... -... ARTICLE 30. RULES AND REGULATIONS 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. ARTICLE 31. TUITION REFUND Upon recommendation of the Director o: Safety Services and after prior approval of the Human Resources director, the City of Englewood shall reimburse a permanent, full-time police officer upon successful completion of an api:roved course or courses i:i. education or vocational training up to the highest rate cr.arged by any Colorado public post-seconda::y institut.:.on. The course or training must be completed at an accred.:.ted college or un:versity, must be related to the work, be desig~ed to imi:rove competance in the job, and be of value to the police officer's service to the City. This shall include all tuition, and required texts. ARTICLE 32. DUES DEDUCTION A. The City agrees to deduct the Association dues once each pay period from the pay of those e~ployees who ind:vidually 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 Finance Director 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 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 28 • ' . ) I • 0 • • .. ~ • ,, . .. '. • • ' " ' 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 checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. c. The Association shall indemnify and hold the City harmless against any and all 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 Finance Director. E. Should the change in the deduction amount or method require a cooputer programming change, the Association shall be responsible for that cost of such change or changes, at $30 per hour with a four (4) hours maxim\:lll. Payment from the Association shall be made to the City Finance Director within ten (1 0 ) days o: receipt of billing. ARTICLE 33. 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-manageme~t meetings; attend negotiation sessions; post A~sociation notices on City designated bulletin beards; solicit Association mellll:erships during employee's non-work time; and represent employees on grievances and disciplinary matters provided the work load permits as determined by the Director of Safety Services or designated representative and requires no overtime pay . ARTICLE 34. LETTER OF CORRECTIVE ACTION A. oral Corrective Action -Whenever grounds for corrective action exists and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation. When an 29 • . ' ' .. . ' I • 0 ·,] • • -• • ... • - oral corrective action is given, the supervisor should ensure that the employee's depa::tmental personnel file is documented to show the date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective acti on will be docU111ented in the employee's departmental file. Examples of reasons that may result in an oral corrective action are listed under Englewood Municipal Code, Section 3-lM-4. B. W:-i tten Corrective Action When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates of the behavior (when appropriate ) that support the charge; the warning that continuance of this behavior wi__ resul t i n disciplina:y action; and an offer of assistance in correcti~g t::e behavior. A signed copy of the corrective action b y the superviso r s h a~- be included in t:ie employee's of:.:.cia_ perscnne_ fi l e in t::e Employee Relations Office, and the employee shall hav e t::e opportunity to submit written co:nments in response to t:::e corrective action to be included in the file. After a period of one (1) year from the date of t:ie filing of the written corrective action, the employee's current and regular supervisor shall review said letter and provide a follow-up letter indicating the status of the written corrective action. Exa:nples of reasons that may resu l t in a written corrective action are listed under Englewood Municipal Code, Section 3-lM-4. C. The e:nployee retains the right to request an administrative review of the written corrective action. The Director of Safety Services shall develop this administrative review procedure which shall at a minimum consist of a board with equal representation of command staff to be selected by the Director of Safety Services, and Association members to be selected by the emp_oyee. This board shall be advisory to the Director of Sa:ety Services, and its findings shall be placed in the employee's personnel file. This Article shall not be grievable under this Contract. If this procedure is not observed, at the request of the Association a meeting may be held between the Department, the City Manager's office and the Association to address this issue. 30 .. ) I • 0 • • • ,. • , .. • - ARTICLE 35. 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. l. Disciplinary action penalties include suspension, demotion, and discharge of an employee. 2. Disciplinary action may be administered concu:::-rently with corrective actions. 3. Reasons for disciplinary action are defined under 3-lM-4 of the Municipal Code. An employee shall be allowed at his/her dis~retion one (1) association representative to be present during predisciplinary meetings. This provision shall apply only when an employee desires the assistance of an Association representative and only when the employee believes that disciplinary action as defined above may be taken against the employee. ARTICLE 36. GRIEVANCE PROCEDUIU: 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. Stec 1 If the employee/Association is unable to settle the grievance or dispute orally and informally through his/her immediate supe:::visor 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 Director of Safety Services. 31 .. ', ) I • 0 • • -• • I· .. • • Stec 2 If the grievance still remains unresolved, it shall be presented by the employee to the Division Chief in writing within seven (7) calendar days following receipt of the supervisor• s response. The Division Chief shall respond in writing within seven (7) calendar days. Step 3 If the grievance still remains unresolved, it shall be presented by the employee to the Director of Safety Services in writing within seven (7) calendar days following receipt o! t~e Division Chief's response. The Director of Safety Services shall respond in writing within seven (7) calendar days. step 4 If the grievance still remains unresolved, it shall te presented by the employee to the City Manager in writing wit~in seven (7) calendar days following receipt of the Director of Safety Services' response. The City Manager or his/her designated representative shall respond in writing wit~in fourteen (14) calendar days. Stec 5 If the grievance is still unresolved, the employee within fourteen (14) calendar days after the reply of t~e City Manager or his/her designated representative, may by writtan 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 American Arbitration Association 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, wit~ the first strike determined by a coin flip. The final na~e 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 32 ft I • 0 • • • ~ --• ,., .. . . • . . -' " -. 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 o! the grievance. Should the employer not respond within t.~e 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 o! th i s Contract. The written decision of t~e arbitrator shall be !inal ar:d b i nd i ng upo n the parties. The arbitrator shall limit his /her decision strictly to the grievan ce 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 (l) on-duty association representative at the employee's request during working hours within reasonab l e time limits wi thout loss of pay provided notice is given and the work load pe::mits. ARTICLE 37. 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. 33 ., . , ) I • 0 - • • • ... --• (' • •. - .. • .. ' .. 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 , 199~, at Englewood, Colorado. CITY OF ENGLEWOOD Mayor ATTEST: City Clerk City Manager 34 ENGLEWOOD POLICE BENEFIT ASSOCIATION '· . -, . 'I . ' ' I· 0 32X ----....---------...------------------------, • • .. • -.. ... 10/2':l/99 11:31 SMIX'1 • 3037622331 l-0.467 002 SEMPLE, MILLER & MOONEY, P.C. AltorMJI at Law IIIA8TfN SEMPLE ..,_.. aEESI: IIILLEJl ne Cltancery l•ildinc, Suite 1301 lUO Lincoln Street Deuer, Colorado 10203 Telepltone 303.595.0941 Fa£D C. ltt/HLWILM PATalClt a. MOONEY CllltlSTOPHD E. GDOWSKI IEATIU.UN II. SHANNON ILIZAIETII J. IIYATI JVUI C. TOI.USON Daniel L Brotzman, Esq . City Auomey City of Enclewood 3400 South Elati Street Enslewood. Colorado 80110 Fu l03-161·9608 October 29, 1999 BY FAX TRANSMISSION (303) 762·2331 Re: City of EDglewood/EncJewood Police Benefit As.sociatioll 2000 • 2001 Collective Barpiai.ag Agreement Dear Dan: As we discuued, a sentence wu omined inadvertently from tbe final version of the Enpwood/EPBA 2000.2001 collec:tM barpi.aing agreement submined to City Cowa. Prior to approval of tbe contract, Council should be advised that the final version should iocli;de the follCJWUII scntcace at the end o( Article 24.C., on page 22: Sucb restoration lhall continue each year until mch time u the employee accrues the muimum number of hours for which he or sbe ii eligible under Article 24.B. 'Ibis laopaac was added to the contract aa part of the overall tenwive agreement reached in nepniations. It does uot reflect a substantive change to the contract; it merely uplaim the City's long-standing practice with respect to restoration of temporuy disability leave. Prior to uecurion of the contract by tbe parties, this sentence will be added to the contract. PBM/15& enclOS\lrc cc: Ms. Sue Eaton Sincerely, SEMPLE, Mll.l.ER & MOONEY, P.C. (L~~ • ., , .. .. ... ) I . 0 32 - • • .. • -• .. . ,. .. .. ... • ' -... COUNCIL COMMUNICATION Date Agenda Item Subject November 1, 1999 Collective Bargaining Agreement Between the City llci and the EPBA for 2000 and 2001 Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Police Benefit Association was approved by Council for 1998 and 1999 . RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for the years 2000 and 2001. The contract covers approximately 55 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Police Benefit Association entered into negotiations in May of 1999 in accordance with the City of Englewood Charter. The members of the Englewood Police Benefit Association duly ratified, by a majority vote, the Collective Bargaining Agreement. The significant changes to the contract are as follows : • • . ) I . 0 .]- • • • • .. • -.. ... 1. Under Article 9 employees covered by the Contract will receive a four and four-tenths percent (4.4%) increase on the 1999 base wage rate effective January 1, 2000 and a four percent (4%) increase on the 2000 base wage rate effective January 1, 2001. In accordance with Article 1.A., wage rates may be subject to negotiation for the year 2001 . ' .. 2. Article 10, Longevity Compensation has been deleted and replaced with Performance Stipends. Article 10 .A. now reads: Each Police Officer I shall be eligible for a stipend in an amount determined by the Director of Safety Services, up to a total of $500 each year. The contract was approved with the understanding that a proposal will be submitted to the EBPA regarding the criteria of how the Stipend can be earned no later than Ma y 15 , 2000 3 . The agreement limits the number of non-biddable positions in the U niform Patrol Bureau to nine. (Article 6) FINANCIAL IMPACT The impact of the salary increase on base wages is approximatel y $10 6,30 2 for 2000 and $100,890 for 2001. LIST OF ATTACHMENTS Proposed Resolution EBPA Collective Bargaining Agreement for 2000 and 2001 • , .. .. ,, "'\_ . ' ) I . 0 32X - • • • TO: FROM: DATE: SUBJECT: " -• • •• .. Council Member Ann Nabh~ Sue Bradshaw, Executive~ November 1, 1999 NLC Conference . .. ... The National League of Cities Conference is scheduled for November 29 to December, 5 , 1999, in Los Angeles , California . Listed below are anticipated expenses while attending the conference . Registration Seminars Dues Lodging Meals Airfare Total $455 .00 380 .00 50 .00 1,200 .00 450 .00 1,000 .00 $3,535 .00 If you need additional information , please let me know . Thanks . '· J ' I'..' Printed on Rec ycled Pap..-. <J !_: ' . .. . .. • t ' ' ) I· 0 32X • • 1. 2 . 3 . .. ,,,-·· • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . NOVEMBER 1, 1999 7:30 P.M. Call to order. ? : ~ Invocation .~ Pledge of Allegiance. it).}Urt;,o 4. RollCall . 7 .. 5 . Minutes. ~>ir,,1 ~-Minutes from the Regular City Council meeting of October 18, 1999. /;' 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) v a. Linda Kotowski, President of the American Park and Recreation Society of the National Recreation and Park Association , will be present to address Council regarding the National Fitness City Award that was recently bestowed upon the Englewood Department of Parks and Recreation . '• Mark Goldberg will be present to discuss the status of the Wal-Mart agreement. John Loss, from Miller Weingarten Development, will address Council regarding the CityCenter Englewood project. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ,tO (\ J\" a Communications, Proclamations, and Appointments . [):l'" 0 -'Ill i~ a . Resolution appointing Kendra Grazulis as a Youth Member on the Englewood 1\Y-Parks and Recreation Commission . 9 . Public Hearing. (None scheduled) Pleue note: n you have • dlublllty and IINd auxUlary aids or NrYk:N, plNN nollfy the City of Englawood (303-762-2405) at 1eut 48 tiours In advance of when NrYlces .. nNded. Thank you . • '· •' • ) I· 0 • • • ~ -· • . , .. .. . . • • ' ' ' Englewood City Council Agenda November 1, 1999 Page2 10. Consent Agenda . /.i~ ~ -/ ~ \~ ~ a. Approval of Ordinances on First Reading . ~~/; ~\'' Ill. COUNCIL BILL NO. 65 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #145 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. COUNCIL BILL NO . 66 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving an amendment t I s age Water Service for Viking Drive . STAFF SOURCE: ewa H. Fonda,- Dlrector of Utilities. COUNCIL BILL NO. 67 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance approv ing the lease/purchase of the Computer Aided Dispatch and Records Management Systems (CAD/RMS) Systems for the Safety Services Commun ications Center . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. b. Approval of Ordinances on Second Reading . ,; (;lp i. J~ lf} ii. . J!~~iiil ~~ Council Bill No . 62 , approving an Intergovernmental Agreement with Flood Middle School for South Broadway Action Plan improvements . Council Bill No. 63, approving an amendment to the Comprehensive Plan regarding Urban Growth Boundary according to MetroVision 2020 . Council Bill No. 64 , approving the vacation and acceptance of an easement at CityCenter Englewood . c. Resolutions and Motions . i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, a contract for construction services for the trickle filter chemical building remodel. Staff recommends awarding the bid to the lowest bidder, Glacier Construction Company, in the amount of $32,969.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. COUNCIL BILL NO. 68 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transport6· ruction of Broadway widening and medians . STAFF SOURC . en Roaa, rector of Public Works. . PINN nola: If you haw • dlublllly and need auxiliary aids or Nf'Vic:H, pluN notify the City of Englawood (303-712-2405) at lent 48 hours In advanc:e of when urvicN ara l'INded. Thank you . • . ., I· 0 \]- • • ,. t . " ~· • • •• •· .. .... !:ngl~vood City Council Agenda November 1, 1999 'Page .3 ii. COUNCIL BILL NO . 69 -Recommendation from the Department Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Regional Transportation District regarding environment t the General Iron Works property . STAFF SOURCE· nlor Planner. JQA) b. Approval of Ordinances on Second Reading . /o-' I 'J / rti,~~i. Council Bill No . 56 , amending sections of the Englewood Municipal Code ;#"... pertaining to Group Living Facilities and Private Off-Street Parking ~vi' Standards . • c . Resolutions and Motions . Recommendation from the Human Resources Department to adopt a resolution approvin · e Bargaining Agreement between the City of Englewood and t ewood olice Benefit Association for 2000 and 2001 . STAFF SOURC Sue Eaton rec:for of Human Resources. 12 . General Discussion . a . Mayor's Choice . b. Council Members' Choice . 13 . City Manager's Report . a. CityCenter Englewood Update . 14. City Attorney's Report. Adjournment. ~ '. / Q The following minutes were transmitted to City Council between October 15 and 28, 1999: • Englewood Code Enforcement Advisory Committee meetings of August 18 and September 15 , 1999. • Englewood Board of Adjustment and Appeals meeting of September 8, 1999 • Englewood Clean, Green and Proud Commission meeting of September 14, 1999 • Englewood Planning and Zoning Commission meeting of October 5, 1999 PINN nota: H you haV9 a dlublllty and nNd auxiliary aids or NrVlcN, plNN notify the City of Englewood (303-762-2405) at IN8t 41 how8 In actvance of when NrYlces are llNded-Thank you. ' . ' I· 0 2 ·• . . ., 0 . - I • • .. ,. --. .. • - q:1D • • I . 0 •