HomeMy WebLinkAbout1998-05-18 (Regular) Meeting Agenda]-
-
•
•
• •
<.
•
MAY 18, 1998
REGULAR CITY COUNCIL MEETING
ORDINANCE t y,v. Y, ~ /, 36, 37, 38, 39, 40
RESOLU'l'ION I ~~6, 57, 58, 59, 60, 61, 62, 63
;-
. ,
•
..
0
•
•· •
0
'-I
•
• •
ENGLEWOOD Cl1Y COUNCIL
ENGLEWOOD, AllAPABOE COUNTY, COLORADO
May II, I"'
I . Cal•°'*'"
The regular Wing ar Ille F tleaood City C-ouncil -called to order-by Mayor Burns at 7:39 p.m.
2 .
The inwcation -pea by c.om.cil Member Nabholz.
J .
The Plcd,c ar AIJepance was led by Boy Seoul Troop # 92.
CouaciJ Member ............. Ibey did .. exa:IJealjob.
Mayor Bums lllmked lbem md Cllmlllmkd dial he lhougba that was the best prcsentaljon he bas seen since he bu been Oil Council .
Council Member Nabhol.z noted it -very nice .
... ...Cal
Praeat Council Members Nabliolz, Clapp, Gama, Bradlbaw, Habeaic:bt, w....-.Burns
Ablcat: None
Aqaonawas....._
5. M.._.
(a) COUNCIL JIIDINa •llADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE TIO MDIDns Of 11D llECULUt MU'llNG Of MA\'', 19'1.
A)'CI : c.c-ai Mcallers Nabliolz, Gama, Bnddiaw, Habcaicht, w.....-. Clapp, Buras
Motion carried.
Nays : None
6 . Sthf hfV.......
(a) Mayor Burns advilCd thaa Boy Scout Troop ti 92 -preacm to dilalll lhe ._ ar
Ccotennial Padt Lake for c:aaoe lniniag. He llted if 11111 be hid a lpOkesmen for dial group.
,,, -. ,
•
•
• •
0
r --•
•
•
Ea&kwood City Council
May II, 1991
PaF2
•
0 I • -
Mayor Bums SUlc:d 1h11 Council has an item later on Ibis, under Consent Agenda, resolutions and lllO(ions.
David Complon advised he is the uoop guide for Troop #92 and for the pasl lhrec years. thal he has been in
Ibis lroop, they ~ been using Callcnnial Lake. They have clcaliCd it up and kept it in shape for their
canoe training. Mr. Compean Slated that he was here tonighl to ask for the privilege to use Ibis lake again
this year. Basically. he said, they adopt a lake and keep it clean. 1bcy take their canoes out in the lake.
they clean it up and pick up all ol the trash in exchange for using the lake for their canoe lraining.
Council Member Waggoner asked if they provide their own insurance . Mr. Compton said yes.
Mayor Bums askcd how ~ years they have been doing this• Centennial . Mr. Complon said he was
no1 Rally -. dlll bc Im only been in Ibis uoop for about tlw"cc years. For those lhn:c years they have
used the lake, but, be IIOUld, he wasn't sure how far back they go.
Mayor Bums asked what be thought of it, if it has worked well. Y cs, Mr. Compton advised.
There were no odlcr questions and Mayor Bums thanked him .
7. N• 1c• t ltd Villi1Dn
There were no noo-scbcduled visitors.
8 . C-Hicatiou, Predaaatialu ud Appoiaa-ts
(a) A letter from Tim Stoner indicaling his resignation from the Englewood Clean, Green
and Proud Commissim was aJll5idcrcd .
COUNCIL MEIDER allADSIIAW MOVED, AND IT WAS SECONDED, TO ACCEPT 1111:
RESIGNATION OF TIM STONER FROM 111E ENGLEWOOD CLEAN, GREEN AND PROUD
COMMISSION.
Ayes :
Nays:
Motion carried.
Ceuncil Members Nabholz, Gamn, Bradshaw, Habenic1t.
Waggoner, Clapp, Buras
None
(b) A proclamalion honoring George and Pcmc Allea as Eaglcwood 's Citizens olthe Year
for 1991 was aJll5idcrcd .
Mayor Bums suggested the Clerk read this in full . He nolCld 11111 tbcy did this • die special oddlration for
George and Pcmc Allen last Wednclday nigh(, but thal it *-Id be rad in their 1-or.
The City Clerk read the proc1amalion in full .
COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING GEORGE AND PERKIE All.EN AS ENGLEWOOD'S
Cl11ZENS OF 111E YEAR FOR 19'1.
Motion carried .
Ayes : Council Members Nabholz, Ganat, Bradshaw. Habenicht,
Waggoner, Clapp, Bums
Nays : None
•.
..
• •
0
-
]
•
•
Enckwood City C1111ac:il
Mayl&, 1991
Pqe3
•
0
•
Mayor Bums c:ommented they bad a wonderful time at this event last Wednesday and a big auwd was on
hand. He said the thou~ George and Peme Allen really appm;iated it He noted that Gary Sears wanted
to menlioo all the wot\ that Executive Assistant to the City Manager Sue Bradshaw did on this project ..
City Manager Sears thanked Sue Bradshaw and oommented that she worked really hard on this, along with
everything dsc and he jusl wanted IO say thank you for putting this on. He said he knows they enjoyed it
and Council enjoyed it too . Council dlankcd Ms . Bradshaw and gave her a round of applause.
9. hllllc Bearia&
No public laring was lCheduled before Qiuncil .
10. C_...Apa
(a) Approval of Ordinances on Fina Reading
COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM 10 (a) (I) FROM THE CONSENT
AGENDA.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING.
(ii) a>UNCIL Bill.. NO . 26 , INl"RODUCED BY COUNCIL MEMBER
BRADSHAW
A Bll.l.. FOR AN ORDINANCE ACCEPTING A GRANT FROM TI1E UNITED STATES ECONOMIC
DEVELOPMENT ADMINISTRATION TO TIIE CITY OF ENGLEWOOD. COLORADO.
Ayes : Council Members Nabholz, Gama, Bradshaw. Habcaichl.
Wagoner, Clapp, Bums
Mays : Nae
Motion carried.
(i) Couac:il ~ Clapp DOied dial it 1111)'1 dlis project is ... IO llke ...
SI0.000 md our~ .-Id be S25.000. SIie aid ii aim looks• dlOup dlele--ada
orpniZ#icm ilMllved iD dlis wl * W jull WOlldcring .._, lw:11 ~ the ICilool Im pledpd IO dais
project .
Director Bladt explailled 11111 lhe ICllool US 11111 pledpd ay ~-TIie ldlool 1111 pledpd die grOlllld
and they have allD pledpd 10 pnMdc die ODIi for die IIIIIICrills for ay rqllir IO die sprillkler ty*m wl
the back lklpl and die Cily wiU pnMdc die labor.
Mayor Bums IIIUd l>irc,acx-Bladt IO explain. for die RICIOld, MIii dlis project is. Mr. Bladt lldvi9ed dlal
this projcct is•....,... s 1..---MIii die Qsy of E..-,ad wl die EllpCMOd IChool
diSlrict IO 111C die lwl. 0.,.. field IO build• allileibe field -~ He DOied it is blrTal propaty
righl -ad die Cily WOllld lia¥e a 25 year lcale ca die PftlfClllY _. ...._ die lilc.
Council Member~ 8*ed if lie Md ay idea ..... I Mlllld ODIi rl M Mft IO buy this land .
Dircaor Bladt IIIICld tllcy uwe ........ • • wl lie .......... SM ICllool ~ would be
rccq,l.ive IO ldlillc die propaty. Ml. Baldlllall> 8"1IDII * 6-'t -..... * IIIICAIII by diem
domSill& lhe land, 11111 is dleir ~ ~ wl * ..-....111 ._ ftll vat.e is aaaed lO tblL
...
• •
•
•
•
• •
Eaatew-1 City Caadl
Mayll, 19" ... ,
Mr. Bladt Slated they haYC DOl put a dollar figure on that, but thal be knows it would be quite a dollar
figure . Council Member Wagoner advised that a leuc is usually one-tenth of the value of the pn,paty.
DiRIClor Black advised tbal -alff:ady haYC a leuc in place• the Duncan building. wbeR -leuc the
facility and this leuc is the same type leuc.
Cmncil Member Habcnic:lll aaled tlat wbcaew:r -aR tllkiDg lboul doing IOllldhing in tau. of an
inlcrpeaiiiiDWlll qseemeal tlat ilMllws fiw with the Englewood school dislric:t. wbic:11 is c:oatained
in its Clllirdy within the Cily of Enalevood, tbat --talking lboul the w taxpayers.
DiRIClor Black added tbat pnilllbly the~ bcacfit to this pn,paty. bec:aulC Eaglewood is ID
I• 11'1 cud, is tbat the acllool dillric:I does haYC pn,peaties tbat aR Olll dNft thal CXJUld be UIICd to pnwidc
alhlelic: fields. Not only for die ICllools, but for the~. the lDCCCI" ..... _. youlh lplllll groups
ud a,. be aid, -fed this is • opporlllllity for putDenllip belweea. IIOl aaly die school dillrict and the
City, but 111D tbcllC community pOllpl to USC that pnlpClty wbeR other prapeaties aR DOl available.
Mayor Burns asked if he bad a timdinc as to when this would be laidy for me. Dirmor Bladt ldvilcd tbal
they would like to laave the field available for play by fall of 1999.
Comcil Member lllllealicllt ........... would like to ..... the Reaalion Depa1-ll for tilcilitaliag
meetings wida die ICbool '> ·11 m the ncighborhoocl ClOIIIIIIUllity to talk lboul llow dlis would iJlll*l
the neigllborllood 11111 llow ID lliliplc tbosc impacts. She noted thal W very bclleficial. Ms. Habeaidll
advised lllll it w ....... ID lier...._ tbat tbeR-a little llticle ia ca ofdle papen~ ...
iDdic:allld dil w 1Di1110 be a,.... .... complex . She lllid 1bc ......._.. 111111 is lllll die cw. 111111 it
ism adllcac fteld. SIie 811:11111 if .. w ripl. DiRlctor Bladt 111111d 111111 is aJffllCt.. it ism ldllclic field.
l'llen: __ ..._ .......
COUNCIL IIDNWW -.us&AW MOYD. AND rr WAS UCONDltD. TO AffllOVlt
CONSENT AGENDA ITDI II (a) (I) ON nllST HADING.
COUNCIL BD.L I«>. 25, INl'RODUCED BY CX>UNCIL IEMIER BRADSHAW
A BILL FOR AN OltDINANCE APIIIOVING AN INTEROOVl!RNMENl'AL AOREEMENT
BETWEEN 11IE aTY OF ENOLEWOOD. COLORADO AND ENGLEWOOD PUBUC satOOLS
PERTAINING TO 1HE DEVELOPMENT OF AntlEllC FELDS LOCA11!D AT a.A YTON
SCHOOL .
(b)
A)'a: Owil Melllbcn Nallmlz, Olma, Baidlaw, llalleaiclll,
w...,.., Clapp. Bans
Nays : Noac
COIIJICIL ...... NMaOLZ. IIOVU.AND rrwAS UCONDED. TO AlftlOVlt
CONSENT AGENDA nDIS II (II) (I), (II), (iii). (IY) Mll(v) ON SECOND 111tAD1NG.
(i) ORDINANCE NO . 31 , SERIES OF 1991 (COUNCIL BILL NO . 13,
IN11lOOUCED BY COUNCIL Ml!IB!RS HABENJOIT/BURNS)
..
• •
0
-•
• •
. .
'
Eackwood City Couacil
Mayll.1991
Pa,:eS
AN ORDINANCE AMENDING TITLE 16, BY REPEALING TI11,E 16, CHAPTER 4, SEcnON 18,
ENTITLED LANDSCAPE ORDINANCE; ENACTING A NEW TITLE 16, CHAPIBR S, SEcnON 26,
ENTITLED LANDSCAPING STANDARDS; AND AMENDING TITLE 16, CHAPTER 8, SEcnON 1,
BY THE ADDmON OF SEVERAL DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE
198S .
(ii) ORDINANCE NO . 32, SERIES OF 1998 (COUNCIL BILL NO. 18,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 13 AND 14, AND TTJ'LE 16 ,
CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 198S. PERTAINING TO 1-1 LIGHT
INDUSTRIAL AND 1-2 GENERAL INDUSTRIAL DISTRICTS.
(iii) ORDINANCE NO. 33, SERIES OF 1998 (COUNCIL BILL NO. 22,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE ADOP11NG THE "CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS
RESTATED JANUARY 1. 1996)" BY THE CITY OF ENGLEWOOD, COLORAOO .
(i9) • ORDINANCE NO . 34 . SERIES OF 1998 (COUNCIL BILL NO. 23,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING 1TILE 3, CHAPTER 7, SECTION 2, OF THE ENGLEWOOD
MUNICIPAL CODE 198S BY REPEALING TITLE 3, CHAPTER 7. SECTION 2 AND ENACTING A
NEW TTJ'LE 3, CHAPTER 7, SECTION 2. ENTITLED SUPPLEMENT AL DISABILITY BENEFITS
WHICH PERTAINS TO DISABILITY BENEFITS FOR POLICE OFFICERS.
(v) ORDINANCE NO . JS, SERIES OF 1998 (COUNCIL BILL NO . 24.
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING 1TILE 3. CHAPTER 8, SECTION 1, SUBSECTION 2 OF THE
ENGLEWOOD MUNICIPAL CODE 191S BY REPEALING 1TILE 3, CHAPTER 8, SEC110N I,
SUBSECTION 2. AND ENACl1NG A NEW TITLE 3, CHAPTER 8, SECTION 1. SUBSECTION 2.
Emm.ED SUPPLEMEJtn' AL DISAIIIUTY BENEFITS WHIOI PERTAINS TO DISABILITY
BENEFITS FOR FIREFIGHTERS .
Ayes : Council Members Nabbolz. Gama. Bradshaw. Habcaichl.
WagDIICI', Clapp. Bums
Nays: Nolle
Motion carried.
( c) Resolutions and Motions
COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS It (c) (I) 111141 (Ii).
(i) RESOLUTION NO . S4, SERIES OF 1998
A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
HEAL TH SELF-INSURANCE FUND .
'
I
• •
0
,
E•ciewood City Council
May 11, 1998 ..• ,
•
• t•
•
(ii) A LICENSE AGREEMEITT WTrn BOY SCOUT TROOP #92 FOR nm USE OF CEITTENNJAL LAKE.
Ayes:
Nays :
Council Members Nabbolz, Gama, Bradshaw, Habenicht.
Waggoner, Clapp, Bums
None Mocion carried .
11 . RepiarAa-la
(a) Approval of Ordinances on First Reading
There were DO additional items submitted for approval on ftrs1 reading. (Sec Agenda flan IO -Conseoi Agenda.)
(b) Approval of Ordinances on Second Reading
There were DO additional items submiued for llppl'oVal on leCOnd reading. (See Agenda llem to -Consent A,enda.)
(C) Resolutions and Motions
Thcre were DO ldditionaJ resolutions or motions submiltcd for approval . (Sec Agenda Item IO -Consent Agenda.)
12 . Geaeral .......
(a) Mayor's Clioicc
(i) Mayor Bums advised there will be• open house on Ille lfP', Wodnelday
llftcnoaa. on Ille A.VS lloule. He said lie aoliced llley ~ pmag die Cffielway in Ille lall couple of days
ad it mould be Ray Md ii lllauJd be ialaaliag IO ICC. He aated it is a very ialaaling house .
(b) CoanciJ Member's Cboicie
(i) A raollllioa 1Uppa11iag House Rcao1u1ion 3206, rcpn1ing group homes. -
1be raollllioa -auipcd • number and rad by lille.
RESOLlJTION NO . 55, SERIES OF 1998
A RESOLUTION SUPPORTING H.R. 3206 , A BILL TO AMEND nm FAIR HOUSING ACT.
COUNOL MEMKR •RADSHAW MOVED, AND IT WAS SECONDED, TO Al'PIIOVE
RESOLUTION NO. SS. SEIUES Of 19'1.
Mayor Bums IIOkld 1h11 this raolulion does involve federal law with rqard to group homes, wllich we
have been very inleresled in lately , and he certainly liUppOrts it ..
Couacil Member Habeaicht fflClllioncd lhal when she atlaldod 1be CML Policy 0--iaee .... on
Friday, she brought up lbe iauc and aacd iflberc were Olher •micipelilia haviat 111111e oldie ame
•
. ,
• '.
I
..
• •
0
,
• •
fl !~!i!'i II[ '1'flf~ Jfi~ II~,-f i If ~1 1111 ~Ii
r[ {~ii;[,1 l11111~1~1~! (!&1'1 iJ( fwl~ l i ~ti rtlf!~ iJ
i I &' '~ i r I • .. ..~ l ~ tJ t "" 1! > l J r sr hi (") l 1r i l • fa. I J . ~: : I --i rt ! 1. s , 1 , r · : lJ:-1 ~ l
If ((111'1 t! litt1!i ;ft~ iii I [ fi tiifi -
11 11111 r , ••. 1r1r 111~11 ,ff ff fii ~t· ·,:ts~r r 1 1irr J {'1111r Jli r' it 11 ;. rtr !I 1'~ttll 11 1 iJ!fl 1 ~i11 ·!1 i 1 •I It ilJlt fr ·J~Jl~ wit J,Jl~fl Ii~• 11 i fJ f [!,I[
11 fJlJJff f~ l( .. lrlJ,J ~l!J ~i i I i iJl!i tr , JI .. , 1 I.! 1 a 1 t I ~ = J i 1 ti~
Ii' !tlf 'I ·11· ltJ. [· ::I il i t ( (5 JI .~ 1 s .. f ! I ' ,J • 11-1 r s·,
1 . ( 11 i • ~ ' ,.,, f .. I' f'1·1'1 s' a.[ '• f I : tJ5 ,a: I r .. • r s i > · 11 1 !. · i • ~-f tl 1 r1f 1J i11~:lt il 8
~ I• i ! l!1~1 11 1 I! ! !lrlr I I! J f s r1[l1
•
•
•
,.
I
I ..
~ ~· ..
'
~
•
•
•
•
E•&lewood Chy CINIKil
May 11, 1991 ••ae•
•
• , .
•
Council Member Ganett advised lhal City Manager Scars came and was very supportive . Mr. Sears DOfCd
they dich grat job.
(iv) Couacil Member Bradshaw Slid sbc would like 10 thank the Englewood Police
and Ftre Depait-a for !heir help._ Friday~• 12 :32 . She DOied sbc was involved in a little
crash. which w DOI her fault. Sammody aasllcd _, her, .... the pllllcmcn lhoughl be W pulling his
foot on the brake and be hil lbc accderalOr and 10lalcd her car, • the conacr of Dartmoudl and Broadway.
She Slid to tell the guys dmb. 11111 sbc appnicma ii vay -=IL
M Couacil Member Clapp :
I . She aid sbc was -*ring if sbc c::ould requell a a,py of m onlilaKIC ... nicll sbc tbougbt w
lbc Cily of Alvada's ... Mlicbcxcmpted school fundlaiscl''s f111111 local taxes. Shcdloupl lbcy-the
only ones.
Council Member Bradshaw ukcd if she had a meeting• Cbcndyn on thaL Council Member Clapp said
they did. Ms. Brlldsbaw ukcd bow it went Ms. Clapp Slated it is very, very diffiaalt lO Fl all of the
different parent and teacher gn,ups bJFther • one lime . The amsensus of the gn,up ICCllled IO be dial Ibey
needed lime IO study ii a tittle bit DIOff!, lo look at the two allcmMives. She DOied 1h11 sbc w in hopes 11111
Ibey a,uld come lo some kind of a rccommcndalion and CIOIIClusion. Whal Ibey did come up with. sbc said.
is a list of all of the paralS and teachers !bat parlicipale in lbc fundlaisen with the schools. She advised
Ibey will simply send tbem bolh oplions. thal Ibey have come up wilb from the Slaff' level, thal Frank
Gryglcwicz and Sue Clait have worked so hard on . Basically, sbc llid, Ibey wiU m them lo come
forward wilb • rccommeadalion in wriling from each group, so dial c.ounci.l can Fl the whole feel for ii,
each individual's lake on it Then Council can n:view ii and hopefully comc 1o some kind or a CIOIIClusion.
She med City Manager Scan if Ibey lad given tbem some kind of a deadline on 11111. After conferring
wilh Fiuk Gryglewicz, Mr. ScanlllMled lhal lhcy let lhal apfor JIBIC I~.
Council Member Habenicbl ukcd if dlis is llill working dlnlup lbc School-City Commiuec. CouaciJ
Member Clapp IIIMled lbcy .. widl die Sdlaol-City C-iaec twice and lbcy llllve lbldiod ii ••
CouDcil twice. S.. llid sbc ._ dlcy 1111d • .,._ acdillg. wt aafortulaldy it was on a Moaday
niglil, with die ICIIIDI wt .... lealk paupa. We aYC a c-:il IDCldillg 11111 lliglll and wae DOI able
to 111e11C111111.-..... ...._ ...... lbc ukcd if it -upwt lbcy aid yes ii did, bu1 they
didll'I .. mo a lol of ddllil ca it SIie DOied Ibey have a uni lime widl IIIICI 1N•IC • thole IIIOdinp IOO,
10 sllc lbouglll dais was lbc bal thM lbcy could hope for . Ms. Clapp mted Ibey wiU lry IO Fl lbc
l«•Pffl C 1 Nm from lbc ildvidall pclllpl and then Ibey CID look al them all lOFdicr.
Couacil Member Habenicbl ukcd if the School.City Comlllinee will look • ii finl and then make.
rea-tzf.on. if dim was lbc pnlCICII they were using. Council Member Clapp aid Ille didD 't dlia so.
11111 MIi dlcy did was Ibey decided Ibey would go wilb lbc ..,_. and the ladlcrs -=illica She
poillsed OUI thM lhcy arc lbc ones 11111 llllve lo pul lbc fuadnimn ICJFl)a, lbcy aR: die ones 11111 aR: piDg
ID bavc ID deal widl wllatever coadlllioa M come up widl So, Ille aid, Ille rally _... to Illar dll lbcy
bavc ID ay. Ms. Clapp opined lhal Council Member Biadllulw pul ii bal wllcn Ille llid dlll M clDa 'I
_...ID ... ..Wlwing 11111 lbcy 11R DOI piag lo be happy wilb. Council Member Clapp -iiained 11111 if
tbcy aYC to deal wilb it. then lbcy IIR the people 11111 we need to be talking wilh and mlkillg me 11111 we
aR: ICIVing them IO lbc bal of our ability . Ms . Clapp Did 11111 is her fceli .. Clll lhal.
City Mana,cr Scan staled ii was a good meeting and the conccm !bat lhcy all have is 11111 lhcy arc
-.-bat of• ~ group, bccaulc every ICbool bu a PrSO. Bui Ibey were piq lO try to look •
dais as• Clllity and be lhouglll lbcy ll,ualed dllOugb ii wilb lhc -undenaaading dlll die joial
a,mmincc and allo the City CGuacil 11111 1111d to deal wilb . They -kind of ... wby doa 'I M jail do -.y
wilh it. Mr. Scars advised 11111 a Ibey weal dllOugb lbc opbOIII it .._ clear IO lbem lllll. CYC11 ~
• •
0
,
•
0
ii !Jiilf 111 111·;1r1 tr[itlJffl 11~ Jf Ii Ii IJ!! i!I
f f !._, I( . 1'1!.lf hif iii lrllr·I 'Jli !.I 1-1 1· 1 I .! ' i~ t t a.-ti 1 . ., ' J Ii( • u 'ii ii . " i ( ... r Jr 5 ! I 1,· i,j, i19flf i~•ji 1wi1lif HuP al I, ii If •it! i
'I ·f!1i , t'. 1·1t1I ; . '11i•li l·i 1~ ii t ii, I~ f•9 f' 1r r 'fl Jrjfl11,•11 I 11 • I ~Ii i J iJl1I 1Jil 1!1~1 1!1JftJllt1 Ii If I f ~-1'1
' ' i Pi~ !rf ! 11i'~ ~ibJ•f 1f · 1J !1 ! ! f · -~ I J (:I~,~, }[f,~ 1J1,·l1 lilJlt1·!1I 1', 11 ! I ''1'
1 ~ ~·i I Ir J 1, ~11s1 1 11 1 i 1 , fa ; 11 Ht uh 1 · !1 1l 1 hUf ! 'i I J. i 1, t
J iJlf' J:f lf !~lt.1 f ;If IJ n,l, 1 r I . I i!~f
1 · · s. 11 , if i 1 ·I I ( •' ~' l f' f •J i ~ J 8 i I
f [ ~! .,(II · f 1f1· ·11.:1.f 11· ~J la . I f ] 11i
I: :i Isl r ltf l]-J ·=.J t . tr l tr[ I l I llt JI · !:s e.r!.a. • a f l lli •. ~ . f f tf 8" ~ 5 l O.
•
• •
r' I ..
. ~
'
~
•
~I
-
•
l.a&kweod City Coaacil
Mayll, 1991
Paie 10
•
• , .
•
Ms. Puncerelli ldviscd that as they were talking about it lasl week that as the demolition and all slarts to
come mon: to fruition that we would like to have a name in place, so they an: ttying to fit that on to a study
session.
City Muap Sears said why don't we shoot for June 1 •. Ms. Puncen:lli agreed. She noted the next two
Study Seaionl are prcay full and if then: is a possibility that we could move one, that is something we
could coosider. She said lbe knows that Council Member Bradshaw bas brought up in the past about
having too may tbiap on one Smdy Salion is anetimes tough . But, she noted, that this is an issue, that
now that they havc the May 11• Smdy Sellion behind us, that is kind of what they wen: waiting for . She
said she bad lallled to a oouple of Council members about that process and we felt it might be puaing the
cart before the hone, jail uying to ti-a name before we even goe to the May 1111, Study Session . So
now thal that is behind us, she llid, she thi'*5 we can move it into gear, because the list is all put fOFCber.
There are aeveral names thal were IUgested several times and they have bow many times that has been
submitted, on the litl, 111 they can aee that. So, she advised, it is a jail a matter of setting it in the
and giving Council the list. al Ibis point City Manager Sears suggested they shoot for June 1 •, becaUIC
they have EDDA that night, and also demolition scheduled, and that may be very close to what they an:
talking about. Okay, Ms. Punoerelli said.
Council Member lndslaw questioned what they an: doing next week. City Manager Sears advised that
next week they cloll't havc a meeting. Council Member Garrett noted it is Memorial Day .
Ms . Puncerclli advised Council that whal she thinks is probably going to happen is that once they see the
list they an: going to see that then: an: some really possible suggestions. Some really good, solid
suggestions, and they will pobably be able to whittle the list down prdly easily, because then: an: some
very neat names, some very creative and historic names, some real traditional names, some real avant-pnle
names, but lberc is a small permllqC that rally lend illelf to what lhc thinks Council is trying to do with
the complex. So, lhc IDIIPllllined, they will pralllllly find dill it won't lake them long to II leasl whittle the
list down. She said thal lhc ad Mr. Scars havc llAcd in the past about also submilling the list to our
consultam. to Skip Miller, Marilee UUcr and nm l...eonllll. ad also lllking them for some i..,..a on wbal
they think, tincc they an: playiag u:11 a 111¥1' role also, in the i-,e dlll is going to be portrayed for the
complex. So, really, 1111c aid, ca:ie c-il ... die.._ II die Stady Session they can kind of talk about
what llllllcs lelllC ... c.-il to -forwanl ... if thcy --to .. IOldher again jusl to Win OIi die
names or ifthcy wal eacll c-il acabcr to SUNiit •V*ions or however they want to do it.
City Ma-,cr Scars aid tllley will ... to do dial ca die 1 •.
c.ou.:il Malllls NiMalz ..._ ii~ ooald ,ct die lill of mmes in their packet prior to dicir Jae 1•
Sllldy Seaioa. Ms. l'lacadli llid ,-. .. is ..... tllley -.... to do.
c.-il Malllls Oamia aid Ille-....,ill& if tllley ooald llawe them now or if then: --,...._
will! ... Ms. l'lacadli aid .... tllle _,. they -, ... caaat -ealCRld --.._ ... tllley
clcc:ided it ...ad be eaier ad III thcy W to lnlllitiaa it to a~ lllhan: sy-. ... it is Iliad of a
klag 11111y. a. ----. 1111c IIIMllld. ii is Ill ill place ad lady to pve to Coiac:il, it is,;. a ..ar:r
of oopy ia&.
So jull ind ii Olll, COlaCil Member Bradmaw IUgellCld ad City Maaaecr Scan agniod.
This way, Ms. Braddlaw poillled OUl. tllley will ha\'C Illa time. SIie apilled, on dlis -. tllley aced dli'*
time and on Oilier tlliDp they don '1.
Council Member Nabllolz IUggalCd they Id Tom Munda~ too, 111 Ille ca pu1 ii ia tllle Herald wllll
some of the-an: 111 they can -it down .
' '
..
• •
0
]-
]~
•
•
Eactewood City C1111acil
May 11, 1991
Pace II
·,
•
0
•
Ms. Punccrclli DOied that is another thing, that they have had a couple of media requests wanting to see
what the names were and they dido 't think that was a fair thing to do, since Council had no( even had a
chance to look at the names and to work on it yet .
City Manager Sears SlalCd they would get the names to Council, that they would try to get them to Council
by the end of the week.
Council Member Habenichl suggested that if nobody has sccn the names yet and if the names ... if she is
suggesting there are a lot m goofy names and stuff like that ... thal maybe releasing the list would be better
when it is a list that has been whittled down by Council.
City Manager Sears noted they were all submitted .
Council Member Bradshaw said they could do a whittle down on this list they are F(ting. Sure, Mr. Sears
said.
Ms. Punccrclli asked Council Member Habenicht if she mean1 talking about making the whole list public so
people can just sec what all was suggested. City Manager Sears said be thought what she was saying was
that some names seemed-to be off ... kind of stnnge ... but on the ocher hand they were all submitted and
people took time to fill out the papen. so they will give Council the entilc list. Council agreed with that .
Ms. Punccrclli staled they would ,ct the list out to Council righl away and they can all start looking at and
on the I" decide where they want to go from there .
•••••
Mayor Bums said be wanted to mmtioa that be went to the Cherrelyn carnival on Satwday and that was a
lot of fun and heavily aumded.
13 . City Mauarr'• ae,-1
Mayor Bums.,.. Cily Ma...-Sears bad an Englewood Caller updllC and two ii-from the City
Manager's Cboice6om Couacil's Study Sessioa.
(a) (lit Maqel" llc:as asked that they 10 i.ct to Ilic Smdy Seaion. He adviled thal Harold
Stitt will addras the ftnl IWO ima.
Mr. Stitt adviled 11111 ill Coacil •• iackct lbere -a --outliaad a CDiple m dliqs for Council 's
CXllllidcnlion . One -die residcalial developer ldectioll crilaia. wllicll they arc pulling IOFlher bdon:
Ilic residclllial developer RFQ. 11111 will be p,iag out eitllCr tllis wcck or early IICXI Mdt. Comcil llad
indicated • die ... Siad)' Scaioe 11111 they W1IIIICd to ICC Ilic criteria. So they UYe made 11111 available. be
said, and whit they Mlllld lille to ,ct ii my com_... they may liave on dlll criteria 10 lllll they can be
incorponted illto it. ---lave a fairly lllort time flame here to finillt puaiq dlis ~ toptllcr and
IC(ting it OUl IO the 10 or 12 dewclopei, 11111 liave expresml an iDlaat in the raidmlial clevdopmcnl ll
Cinderella City .
As far • Ilic crilcria. Council Member Bradshaw asked what process they Uled to come up wilh tbal. She
asked if 1h11 is just llaDclllrd crileria they IIIC. Mr. Stilt adviled it -taken from -.I different ...-ca.
olbcr RFQ's that liave been pul ICJlelber. Some ofit is fairly llalldlrd kind oflanalialc, but they have
tailored it to be more apccific to the projccl il5clf, bued on the Wlderlying principals for die redcYdopmcnt
ofCindcrdla City.
Council Member Habenichl asked why there is a maximum building beipt Riglll BOW, Mr. Stitt adviled,
the e-1 Zone Dillric:l m • aaximum buildin& beip& m 100foctandtheypu111111 ia bec:auK they IIIWlled
•.
• •
0
•
•
Enckwood City Council
May 11. 1998
Page 12
,,, -•
0
•
that height limit would not be extended through the PUD process . He explained that equates lo a len story
building. In fact, he noted, the two bank buildings adjacent to this City Hall site arc both in excess of 100
feet . Mr. Stitt staled they put that number in as a maximum. not really anticipating thal dcvclopmcni. in the
near term at least, would excccd probably SO or 60 feet .
In response to Council Member Habcnichl. Mr. Stitt advised that 100 feet is approximately 1en stories .
Council Member Waggoner said he nouced that they put land cost range ofS6.00 to $8.00 a square foot .
He asked why they would not ask them wllal they arc willing to pay for the property. Mr. Stitt explained
thal those: numbers were taken from the pro forma thal was pu1 together on the project and that information
has been requested to be made available. So, he said, putting a number in the pro forma and then having
another number in the request would be confusing al best.
Council Member Bradshaw noted thal some commwlilies ... and shedidn'I know if this is throwing a
wrench in the worts ... thal she knows in San Antonio they have used air space, they have leased air space
over things, not just the footprint, bul the space above ii. But this doesn 'I apply 10 thal. she commented.
that he is just talking about the footprint space . Mr. Stilt said that is correct. it is just the ground costs.
Mayor Bums lllbd if.am: were any Olhcr questions or comments on the criteria.
Mr. Stitt staled thal the ICICOlld item is on the last page of lhal memo and what he las done is put together
two time liames for the PUD process . In the center column is a typical schedule, based on an anlicipaled
stan lime or approximalcly the middle of June for the PUD process. He noted our PUD ordinance requires
a neighborhood meeting before an application can be submitted, so they have tentatively set June 18"'. Mr.
Stitt explained that that date is not solid thal he just plugged a dale in to get an idea of how the timcframc
would work . He said they can sec thal through the various individual deadlines within the PUD process the
typical schedule would result in the PUD becollling effective-On October 2S"'. There is an acccleralcd
schedule and the difference between the acccleraled schedule and the typical schedule, he said, is that wc
moved things up a few days in most cases. 'Ille most significant change is after the Planning Commission.
He said they will notice that the Planning Commission would hold first reading on August J"', potentially,
then wc would poll the notices and publication for the public hearing on the 24"'. Typically, he noted, they
would IIUggal a pllblic hcsing dale approximalcly 30 days after first reading. He advised that is not
written inlo the Co*, but they typically provide time for polling and publicalion. Whal they have done in
this enc is aa:dcrac dial ao ... dley 11111w: polling and publication IIICld the miaimum ailcria. I S days.
and then hold the public '-ing • IOOII aftcnwanls as possible . 11lal is concluded, be poillled out. by
Council having a ICCOlld rading aad the clcc;ision on the public bearing, immcdiatdy after the public
'-mg oa the 24 •• l'llller lbaa holdillg off for anolhcr two Mleks or lllllil the IICXI mcctillg.
Council Member Habcaichl llalcld that oac c( the discussions they had during the Study Session on May
11 •. aboul the a.:q,C for Ciaderdla City. wa that they 1alkcd a lot about a prca:nlalion. about wllal kind
of rcsidallial ~dopmcal they were looking IL They 1alkcd a lot aboul •11at the tarpjCI aa income -
and asked aboul wbal the clcmograpllics c( thll sicr-mighl be . She said she though& the fCIPOIIK they
received. • they were talkinc about the conocpl. was thal probably they were looking, not • l'Mlilics per
sc . bccaUlc they were looking prinmily al two bedroom unils and probabl y the people that would be doing
a lot c( commuting. They 1alkcd aboul the profile or somebod y who be ... onc family member would be
commuting downtown and the other 10 the Tech Center and the like. And they talked aboul the impact on
the schools. they saw thal tbal wa not wllal tbc tarpjCI was going to be for thi s raidcotial development
They were looking thal pollibly this mighl be the place 1h11 our empty ncstcn would be going inro and the
like. And yet, she poillled out, they talk aboul first floor commercial 10 include rdaiJ office and service
uses wilh neighborhood rclalcd IIICS, such as daycare , arc encouraged. Ms. Habcnichl said she though!
they were looking for daycare to be a pan of the overall development, in 1enn1 or serving the lrallsil. not
ncccssarily serving those: rcsiclcnll here . She opined thal 1h11 sets a .. cmcnl thal they wcrc:a ·1 really
looking for in tbc rcsiclcntial dcvclopmcnl and she is a little conccmcd about that one criteria.
,
• •
C
-
Ea&lewoocl City Council
May 11, 1991
Pa~ll
·.
•
• •
Mr. Stitt stalcd that the idea to have the daycare provision in the residential, was to provide that service to
any residcaU who did have kids . But it is also just to open up the possibilities for daycare on the site, so
tlull if the proyider of the retail space on the fina floor was intcrc&tcd in leasing to a daycare provider. that
tlull would be appropriale or as appropriate as anyplace else on the site.
Council Member Habenichl said if tlm is the use though ... if they are talking about a paltiaalar kind of
residential use ... like they ta1bd about playgrounds or romething like that and where they would be
localed ... that she just doesn't think that that stalemcnt is appropriate in that prospcctuS. She Slated she is
ail for having ~ on the site and deYeloping a really dynamic daycare program, but she docs ROI think
it should be part of this prmpectus . Thal would be her ooncem.
City Manager Sean adviacd they can change thal, thal they were looking for ideas.
Mayor Bums said yes, that he doesn't think it is cast in concrete, that ii may come up later on .
Council Member Habenichl staled she would just son of like to sec that part removed.
Council MClllb« B.....-..W opinad 1h11 ii needs 10 stay.
Mayor Bums said be doesn't know tlm they ought to say it shouldn't be there at all. It is an idea. that be
didn't think it was fixed .
Council Member Habenichl staled that when we put statemenlS in like that that is why they ended up
getting only power centers, when they were asking for what kind of development we wanted at Cinderella
City . She mainlaincd that if they put thal Slatement in there that is going to develop a low income housing
at that site and that has been a cooccm that Lawi Oapp has brought up and she tends to agree with that.
Mayor Bums oommenled that just because ii is a family doesn't mean that it is low income housing. Ms.
Habenichl maintained she was ROI suggesling that eitber, that she is talking about the questions they had in
terms of what they were looking at. She asked if that was the direction they were heading in. that they
talked about Im Monday or nol
Council Member w..-....... dlcy jUll change it to say "finl floor c:munm:ial could include ... tt
Council Mclllber Habaliclll .... .
Mayor Bula atJ1c111 dlal die Oil I hals said dlcy only expecl about 12% of the units to havc cbildrm,
-«hiaa lille ... ii -• PftillY ._ percclllqe. He CIOIIIIIICIIICd ..... tllcR la)' not be enough to support
a daycare .
Council Member Habenichl said ii is not like lhe is apinsl cbildral or anything. but she is really wanling
to rd1cc:I what Ille undenlood w the direc6on they werc trying to go in .
Mayor Bums said he thoughl they could take it out and if they have more families than expected you may
have --who wants to a,me in and do that.
Council Member Habenichl advilcd she docs DOI want it to be in there so that somdlody thinks tim the
only way they are going to be g,cUing in the bid is tlm they put in daycan: as part of the thiag. Thal, Ille
noted. is her major ooncem.
Council Member Bradshaw sugcstcd they just leave it "first Door commercial uses ." Council Member
Habenichl aid thal is good. she likes that. And then, Ms . Bradshaw nolcd. Id the oommercia1 diaale
whatever it is . Ms. Habenicht said she likes 1h11 . Ms. Bradshaw asked ifdlll will wort or DOI .
. .
•.
I
..
.,,;
• •
0
,
....
i 111 Ii llliti}fffi i i1 ll[fl 1t~1 IZ Ii 111'; ~ti! r ~, l~~r-11 __ .f f ,r a~1Nr riff,, Ii f ~ie
al ( s! 11 'r 1~ r f I I · sif
I s1! ~I !liJJ:1 1:1 1
1 i ~i ~i&1·!i(1 rl ilt ~f If fl . stJ I . lisl.1•11 ! f I=; Ii 81· 1· ;;·r . 1111 5 :J· i IJ! !~ 1r,,1~J1!f ! if 1 !11 :1'1 lr 1,111 I ill
f :·JI 11 IJl . ·1.t(lr I fi fgJ l ~ I I s.l ; . a."
I ,n ~ ! l(Jr Jrf ,1!1 : i 1 I !f J• Ii · h 11· i i(f 11 . r r r l}f a. ir , r r 1 J :r I ;;·, r Is ~-1 .1 a. ·f f r f I 111 f · J · ci-l_f It•~ ii I l t •· · ! I I i 1 . l1~fwf•I~~ ~ '1 ~ Jiat . I rJ ,. I 1111( . . 'r I i 111 ts rl ·11 ;:.· .sf .... 1-~1 1 ir• ·I t f f : . 11 -t _, !" 1t f I f i • . • f. f · I i s_
fl ~ SI.if tll' l i ;;·1, '1! . tJ 1 Ii 1J1 ' f I s i I t -I Ii f Ii I : JI ;·
Ii I itl•,,,~fJ l ! 1,1~.l( ~ 1~ I i '1·l ·. r , 1 f ~ 1] 1 J a. I · 1 i I i;· r '! I I ~ f , ~ . t
!I ! 1l~l1 1
1.;1ril i li;tl11 1 I~ f I fir r • fiJf ~ t I J , .. ff . t 1~ ~ ~ ~a•
• · ;;· II f il!:
•
•
llf .;;
i9
i
r
I
I ..
. ~
'
~
•
•
:fi !i li f II I Ii 1i i 9;9 ~I Jit~ 1 '1 iii I !If
f · 1 i I 1· 1 I I i § :€ r f ,• I f ia f Ir 1. 1, ·i t ff r i
•· I a II I' l I ~i ig Js If I. i
_ _ • a... I If "-_ w:..r i'1 f l-i_ i --If i
I
~ It ii
t I i I t 1 • • ,, Jt 1 •· 111 i, r if, ·:~ if~, 1 t :r rf t 1·~ ri f i1r rf I If ~ lf: 11 !r lff I ! I
r:t f If l (1J !I J J '{ ~ l~J' i! lj ~}I J J ~
• s '"' ., s a-r ~ ,., . •. a i r' r !IJ 1 ~ t d h I n I J ~ 1J . 11: ~r ,i. ( f l
r 1 • • ~ I J . 1 fr, i, • f 1-, ! · l it r-J 1 !.
fil [ (. ~ ,f; ii I : I rti ~ f, lfi I
fif f JJ i 11 Jf J I I 111 i ;i 11·•i I
1
1!1 r I ll ! J I; lt'w i Ii. !i i ·; i ( ! iJ t J· i · ~-! J r r ff I ii 1 ,. l I IJ 8 Ii f ·
s 1 r .·if , . ,1 ir 1 i
t -la
,
•
0 • •
I
,·
,, I ..
7
•
~
\
-
l:1 .. 11 .. City Cwll
Mayll,1'"
... 16
•
• ..
•
.... ._.il._._.~ .... 1D~Man111Sw.....-1ara1aagliae. __ ..._._,.
aeamnlly, N111y-..llllld•6il. •tlcJ ae_,..ID._._ .. •dlepelltnlal.
Mayol'Bnnn .... llllllie-lDa .. ._ • .. LallwlaGnllely• Snlnnlny nilll• 8e I far
_ ... widl-~ .................................. ..-.... .. ODIi ... ...
..... ,. ........... I Iii ewidlil_,wllll ....... 11111l ... 't-lD1"11l. Andlie
w.-yct I trlllll1111 ... • 1G" e .._liellilllllllalat~c:ililldaa't•alat~liaa
lk>' IMe 1D11:n11119D ....... ID ...... _, ID lilly lllil pilce• .. pilce. He ...... ii W
.......... ID._. ........... 11awe.
(e) Cily.._....___. .. , ... -, .... p_,l,yalwMe+wtCily
......,, AaN:ilde, WIN . lldlplll1. wMl:lll]la-..Mh 1J ID II CMrllieWlldd.•-..-.-. ....... llelllhlilwllinilS~niaelD•P JP ,,...., ....
widlNaaC-,,NaY..t•'NII.Ot:I t _,V'....,Brililll0 I &
•••••
~ ...... NJM:lz ................................ Hill:rical Socilly ......
ii C Is 7 1AalflllllAc11L Sllelllhla.,.._.ltnl, lk>'dhl..,._ .. _.ilwa.-y
·1 .........
• ••••
~...,_Nlllllalz ...... .., ....... ••IIIIIP···-..... _,-...._
,,_ ........ ....., ...• ....., ............................ SIie• I II ..,._ .. ,. ........ ID,,_1\1.,, il 71onlySIO.ooa,_._,.., Mldlll .. lllllpa.,ca ...... -.
14. C11J ... ., .. ......
Cily A--,..._.., ..... .., _ ............ c..-1.
15. AA•ll•--
IIAYOa-aovD'IO AalOIIIIN. ne---.11 -••:u,-.
~£[« ~
• •
•
•
. " •
'·
\.
AGENDA FOR THE
REGULAR MEETING OF
,.
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAY 18, 1998
7:30 P.M.
1. Call to order. Q:!4 ~
2 . Invocation. /}~
3. Pledge of Allegiance.
/I"
a. Boy Scout Troop #92 wiH present the flags and lead the Pledge of Allegiance.
4 . Roll Call. '1 ~
5. Minutes. °"' 7--0 a. Minutes from the Regular City Council meeting of May 4, 1998. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a . Boy Scout Troop #92 will be present to request the use of Centennial Park Lake for canoe training.
7. Non-Scheduled Visitors. (Please Ii.mil your presentation lo five minutes.)
ft"
8 . Communications, Proclamations, and Appointments.
a. dffr/'1'1J
Off' '7-t} b .
Letter from Tim Stoner inciJi,linq hisJ8Signation from the Englewood Clean, Green
and Proud Commission. /0~
A proclamation ~;!!:_~'!19 and Perkie Allen as Englewood's Citizens of the
Year for 1998. v V~/tUv'
9. Public Hearing . (None scheduled) y
PINN noe.: If you,-.• «h1bllly and need....., lllda • • 11111, ....... nollfy .. CllJ of ...... OOd
(712-2405) at 1Net41 hcua In lldvw•of ..... .._ .......... 11'11*,ou.
•.
..
• •
0
--
]-
•
•
,.. . " •
,,
Engl-ood City Council Agenda
May18, 1998
Page2
10. Consent Agenda.
a. Approval of Ordinances on First Reading.
i.
ii.
Council Bill No. 25 -Recommendation from the Department of Parks and
Recreation to adopt a bill for an ordinance approving an lntergovemmental
Agreement with Englewood Schools to develop Athletic Fields at Clayton
Elementary. STAFF SOURCES: Jerrell Black, Dlractor_m P~ fncl
AIICl'Ntlon and Gary Hultberg. Aecl'N1lon Manager.~
dppd'l-0
Council Bill No. 26 -Recommendation from the Department of Neighborhood
and Business Development to adopt a bill for an ordinance accepting a State
and Urban Planning Grant from the U.S. Economic Development
:'8~ACE: S. Darren HolllngawOlth, Bualneaa
b . Approval of Ordinances on Second Reading.~'l-0 P/,(,1/ot.z. /NtJ(}M m ,ff'/XJJdE
i. Council Bill No. 13, approving changes to the ~iJ~?r,J,~..,... // b'l#!;t
thl-18.J-. ii .
~33 iii.
tn#!/1 iv.
Council Bill No . 18, approving Industrial Zoning Amendments .
Council Bill No . 22, adopting the Firefighters Pension Plan Document.
Council Bill No. 23, implementing changes to supplemental benefits for
Englewood's Police Officers . w~v . Council BiH No. 24, implementing changes to supplemental benefits for
Englewood's Firefighters.
c. ~~=~!!!~!:~.!~RN£ lt)u'1ii
rnolution trwllf9rring funds for eupplenlel .... beneflla for lhe City of
Eiiglewood's Polee Officers and Ri9fiQfltlrs. STAFF 90URCE: Ftallk
GlwgllJ•lcz, DlreclDr' ol Fl111mclal .. ..._
ii . Recommendation from lhe Deparlment of Parks and Recteation to approve , by
motion , a Licen8e Agreement with Boy Scout Troop 192 for lhe UN of
Centennial Lake . STAFF SOURCE:.,.,,..'-*, Dlt-*" ol Parb and
Aecrellllon.
11 . Regular Agenda .
a .
b .
C.
Approv1/f Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Resol~s and Motions .
Jr
PINN nale: I you llawe a df11IIIIIJ, and Mad__, alda • •t1a11, ....... nolly .. Cllrol 11 ... •ood
(712-2405) at laaet 41 houn In...__ ol ............ ......_ T-* you.
. '
i
..
-•
• •
. .
Inglewood City Council Agerlda
May 18, 19111
Page3'
12 . General Discussion .
a . Mayor's Choice .
b. Council Members' Choice.
~':)~ j. n A resolution supporting House Resolution 3206, regarding Group Homes.~ "tlffO 1-0
13. City Manager's Report.
a . Englewood Center Update.
14. City Attomey's Report.
Adjoumment. y;j~
The following minutes were transmitted to City Council between 5/1/98-5/14198:
• Englewood Cultural Arts Commission meeting of April 1, 1998
• Englewood Parks and Recreation Commission meeting of April 9, 1998
• Englewood Clean, Green, and Proud Commission meeting of April 14, 1998
• Englewood Public Library Board meeting of April 14, 1998
• Englewood Planning and Zoning Commission meeting of April 21 , 1998
P ..... note: • yo11 hew• c8a1llllllyand nwl 811da'yalda or W¥loN, ....._ nallfr .. Cllrof ll ... aood
(782-2405) at leat 41 lloura In ---of ahan ..._ ......... T'-* ,au.
. ,
•.
• •
0
•
•
•
0 I•
•
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
1. Cd ID Order
The regular IDCICling of die Englewood City Council was called to order by Mayor Bums at 7:35 p.m.
2 .........
The inYcx:alioo -gi-by Council Member Nabbolz.
3 . Pledte.6 ~
The Pledge of Allegilncc was led by Mayor Bums.
4. RollCall
Present Council Members Nabbolz, Clapp, Garmt, Bradshaw, Habenicht,
Wagoner, Bums
Absent: Nooe
A quorum was praenl
5. Miaata
Also present: City Manager Scars
City Al1omey Brotzman
City Clerk Ellis
Neighborhood and~ Tcchaician Langon
Dindar Cilyglewicz. Fialcill Savices .
(a) COUNCIL MEMUR allADSIIAW MOVED, AND rr WAS SECONDED, TO
APPROVE TIii. MDWnS Of TIii. llEGULAll MUTING Of Al'lllL JI, 1"'-
Motion carried.
Aya: c-i1 Members Nabllolz, Ciama, Bladlllaw, Haa-icbt, w.....-. Clapp. Bums
Nays : ~
(a) Mayor Burm ..a dial Midlael Cooke bas p:aenuly come back, after our liale
ICcbaical problem a few MCkl •· He oiled dial Midlael Cooke is a Douglas Coimy 0-mitsioner
111d Demer Rqioa1 Council ofGcMnaaa Baud Member. He wdc:omed Ms. Cooke .
,-
s ~,
Micllld Cooke tbanbd Council for die opportunity to appear befoft diem dlis IMlliDg. Sbe aat 11111. for
die ... -----years. die Rqicxal Council ... haaored local ,-mmallS dnup lbcir 1--..
Award Propan. lbrougb Ibis ~ she explained dley recopm jurildiclioas 111d people iD Ibale
jurisdictioas for lbcir creativity iD llllvi• a,mplcx prableml dnup ilmovaliYe pn,pams lllll aerw die
a>IIIIIIUllity iD -dlicicnl ways. '11lil year, lbc aid. die Rqioaal eo.cil waa joilled by dleir lpCIIIIIJr,
TCI, as well as C0111ributors. MK Cem:nnial Eapleerillg. 0eqe K. 8-ad Caqllay, Ille., Public
Service Compuy of Colorado 111d Uailed Power lncorpomed. ill..-.., die 1-alicim Awudl.
• '
.,
• •
0
'
]-
)
I
•
•
0 t•
. • '
ENGLEWOOD Cl'n' COUNCU.
ENGLEWOOD, AllAPAIIOE COUNTY, COI.OllADO
TIie replar meeting of the Englewood City Cami -called IO ardcr by Mayor Bums M 7:35 p.m.
2. lllffcadoa
3. 1WF "AllqiMce
The PledF of Allcgianc:e was led by Mayor Bums.
4. RallCall
Present: Council Members Nabbolz. Clapp. Garml, Bradshaw, Habc:nichl.
Waggoner, Bums
Absent : None
A quonun was presenl
5. Miaata
Also pracm: City Mana,cr Sews
City Allomcy BRIIZIIIIII
City Clat Ellis
Neipborllood md Envinaneat Technic:ian Langon
Dueclar Gryglewicz. Filllnc:ial Saw:es .
(a) COUNCU. MEMaEll 8llADSIIAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or 11R UGUIAR MD11NG or APRIL JI, .,,.,
Motion c:anied.
6 .
Ayes : COUDCil Melllben Nlllllolz, Gama. Bradlllaw, Habellichl,
Waggoncr, Clapp. Bula
Nays : None
(a) Mayor Buras DOIDd dlll Midlad Coolie Im pllCl'IIUlly cw met. aftcr _. liale
ta:baical prublem a few weeks ap. He adviled dlll Midlad Come ii a DolslM ~ Ca · mer
md Deaver Rcgioml Council fl Oova w Baud Member. He welcoaed Ms. Coolie.
Micbad Coollc tbanbd Cauacil for tbe opportunity to appear before dicta tllis ewailta-SIie Med dlll, for
tbe put ---years, tbe Rcgioml Cauacil ... '-eel local pa ....... dleir .___
Award Prupmn. 'l1IIOugb tllis pnJll'ml. she explained Ibey n,aipm jmildic:liw ad peaple ill tlloe
jurildictions ror their craaivity iD 1111vi111 comp1cx prablau 111raup imovmw insm-dlll lCl'W tbc
<XMDDmity ia -dlic:ieal way,. 11lie ,...., Ille llid, die Jtcpiul CcwiJ -jaiaed by dllir lpCIIIIClr,
TCI. •Mil• C1181ribu1ar1. MK C s tial ~ 0eorF K. 8-ad Coapay, lllc., Nilic
Service Compuy rlColorado al Uailed Power._....., ill p,--... die~ Awanll.
"'~
..
•· •
0
J--
•
•
•
Ea&lewOOIII City c-il
May,, 1991
Paie2
•
0
•
Their program judges reviewed approxillllldy 2S projects that were submitted from 18 local governments,
as well as a nwnbc:r of otbc:r ~ and selecled wimas from lhll group . Englewood, Ms. Coote
advised, IOok second place in tbe prop-m's Public/Privalc Pannenbip CIICplry for tbe Safe Summer
Youth Oulreacb l'rogrml. tbll offers youdl • afe. palWYC rocrealional altenativc. At tbe Regional
Council's Annual Awuds Banqucl. held• die Clld oC Man:b, llbe llOled, Ibey recopu.ed tbe Director or
Parks and Rcaalioa Jendl Black and UIIMl'al Ca.als Vice Praidmt and General Manager Gene
Felling for their wort oa tbe 5* S..-Project. Toaiglll. llbe advised, llbe -here to present Council
with an lnnovalions Award plaque for tbeir 111pp1111 ad paticil*ioa in tbe Safe Summer Program. Ms.
Cooke stat.=d that Ibey, II DRCOG, <lOllgrlllllale Council OD tbe propmn. She presented tbe plaque to
Mayor Bums.
Mayor Bums thanked Ms. Coolie and be a,agnnlated Director Jerrell Black and the Parts and Recreation
Department He said that Mr. Black and TCI are to be c:oagralUlatcd and be asked for another round of
applause for them.
Director Black said that be would also like to acknowledge Gene Felling, from Universal Concerts, who
was a co-winner of this award. He stated that if it wasn't for Mr. Felling and his group providing the
funding. we: certainly wouldn't have the program. He also m:ognized the Safety Services Division, who
work closely with Parks and Recreation oa Ibis program. Also, be said. the Recreation Services Manager
Gary Hultberg and his staff, as Ibey are the ones that really make this program work. Director Black stated
they really do appreciate it and be wanted to acknowledge them. Council Member Habenicht asked Mayor
Bums iftbey could have those people stand so they could acknowledge and thank them. Mayor Bums said
sure and noted that Gary Hultberg was present and asked that be stand up.
Mayor Bums thanked Michael Coote for coming apin.
(b) Mayor Bums advised that John Meeker, OliefExccutivc Officer of Developmental
Pathways, was present to share infomation oa their Wesl Cbcaango facility . He DOied a lot of people
turned out last week during Council's ()pea Forum .
Mr. Meeker stated be is the Diredorof Padnways aad dlll be .... to begin with a formal statement and
tben tum to a response to some of the issues dlll have bccD raised in tbe recent newspaper article and then
open up for questions. He asked if that was apeeable widl CGUDCil. Mayor Bums said that was fine .
Mr. Meeker stated that be bas bccD asked by the Council IO appcm-llllligbt IO rapoad to allegalioas made,
and actions lakcn, by perm in the neigbborbood lllfflNadi .. tbe bome --by Developmental
Pathways on West Chenango. nus home is occupied by oac disabled indiviclual, and is staffed 24 hours
per day . He advised that this individual bas been living IUCCCllfillly in single family resiclential
neigbbomoods for more than IO years. Our rapoase, be aid, is bell Sllllllll8rized by comparing our
experience at this home with that of bis prmous resiclcnce. wbic:b -in a similar neighborhood just a few
miles south. also an R-1, raidc:Dlial neigbborbood. 'l1lll bome is being raiovated to save people with
physical disabilities. Mr. Meeker advised that in bis prmous resiclcnce there were no incidalts wbeR
neighbors were dislulbed or placed II ri* aad ia this resiclcnce there have bccD no incidents. In his former
neighborbood neigbbors pedal him aad staff with a wave or hello, and Ibey belped each otbc:r dig their
cars out of the -· In this neipborbood, be said, neigbbors have subjected him to holtile gJara and
their staff to racial stun. In bis former neighborhood. if neighbors bad queslions or COIICfflll, they
a,otacled Padlways ........,..,.. 111d 8*ed for a raponac. lo this neigbborhood no one called Padnrays
mam....... lmlcad. neipborhood leaders ciradated a Oyer IXNMllining daamalory 111d ·---ialal
allcptions designed to pn,mo1e rear and hysteria. and rallied raideats to appear II tbe City Council
meeting to dcmaad -kind of action. Mr. Meeker llllted tbll this individual bM praealed 110 llllal 10
anyone in this neipborhood. He explained be was bom widl ....... retanll&ion and widl clft,c1'Jfe NII
needs that requiR tuppOf1 and supervision and be !ilia IO mp to ....ar. He is pn,ud o( llil ...._ and
belp1 ~ for iL Neipborhood cbildrm have played in bis rn. yard .. _.. CICCalioaa widlGUt
,-
• · ... ;. nn,
I· •
'
I
•
•
•
E•pewood City Council
May 4, 1998
Pqel
•
0
•
I •
•
incident since he moved in. He and staff like to take walks in the neighborhood . He wants nothing more
than to have a quiet and peaceful home in a nice neigtiborhood. Instead he has been falsely portrayed as
some sort of violent thn:al to neighborhood children. Mr. Meeker ll1alcd that his address bas been
published in a slanderous Oyer that was distributed to 200 boulcbolds tbroughoul the neighborhood and
beyond. He mainlaincd be has been made a target of fear and dislike, tbal he has done ablolutcly nothing
to deserw Ibis, except to be a person with disabilities who looks a lialc bit different. He asked Council to
aginc bow bis immts must feel knowing he has been singled out and bnndcd as some kind of
community threat How would anyone here feel if this -done to their mi or daugblcr? Mr. Meeker
seated dial he wanled to he very clear that Palhways docs not blame neighbors for having conocms.
apecially thole who reacted after seeing such an inflammaloly Oyer. It is~ for neighbors to be
curious, he noccd, and sometimes c:oaccmcd about their -neighbors with disabilities. and they welcome
the opportunity to talk with them by phone or in ncighborbood meetings. Our objection bcrc, he advised. is
to the manner in which the authors of the Oyer chose to pursue their a>nccms. They did not a>nlact
Pathways management to discuss their a>nccms. They did not a>ntact Pathways to check or verify the
information that they published in their Oyer. They did not seek any solutions short of invading this
individual's privacy and trying to hound him from this home. In more than 20 years of dealing with
neighborhood a>nccrns about integrating people with disabilities illlo rcsidcaial neighborhoods. he said. he
bas never encountered a dcfamato,y attack of this kind on any individual with disabilities. Mr. Meeker
stated that Pathways n:qucsts that those responsible for publishing and distributing the Oyer publish a
signed rctnlction and distribute it, aloog with this or a similar Slatcmc• from Palhways. to the same persons
receiving the first Oyer . He commented that they were hopeful thal City Council will cncouragc: those
responsible to take this comctivc action. They desire that this situation be rcmcdicd in a fair and civil
manner, he said. but if ncccssary their organization will seek lcgal redress from those who originated the
Oyer for the clear violation of this person's right to 1M privately and pcacdially in bis home. Mr. Meeker
stated that they apprcciale the efforts of the City of Englewood to raolvc this sihlllion. and to do so
without further injury to this individual. Mr. Meeker noted Ibis is the end of his formal Ulmlenl and he
would like to a>mmcnt oo a a,uple of things that were reported in the article .
He said he talked to Mr. Munds and he was very fair and. with -.-dliDg. he quoted him absolutely
oorrcctly. But, Mr . Mcckcr said. he would like to clarify some of the mcaapi. Finl. there is a llalemCnt
in thc,article to the effect that whm Carolyn Fulton alleged 1h11 sbc CXllllaCled Padnniys, sbc -told tbal
Pathways bought the house in November and-of the rqRIClllalivcs told us ncipbors thll it would be
used to train handicapped individuals to live on their own. They also said the people a>uld be violcnt or
ba\'C criminal rcc:ords . She said we as neighbors don't like thll II all and the resident there -is being
kept in bis room and reportedly can be violent. Mr. Meeker ailed 1h11 he called Ms. Fulton tbis ~
and asbd her who she had spoken to and she informed him 1h11 sbc had made a FDCfic call to Plllnnys
and med who we served and was told that we train people to live in • F t n .,.,.,ly in the c:omamity. She
also specifically asked if we serve people with criminal rcc:ords or with violent behavior. Mr. Mcckcr
explained that anybody in their orpnization would have ~ yes, bcaulc they -over a tbousmd
individuals and families and. 11\'Cr the coune of the years. they have serwd people like that Sbc did not
ask thal question about the individual in this home and. he llrCllcd. they had no idea she -c:alling with
reference to the home on West Chenango. The ICICOlld point, he said. is the reference lbll this is a half-way
bouse, which suggests some sort of criminal activity or thll lOIIICbody is in ~lion from an imlitwon of
some kind where they were incarcerated. He noted that this individual. as he said. has been living
successfully in the a,mmunity for 10 years. He ll1alcd this is an individual that docs require supervision.
but he is an individual thal they have leamcd how to -very well and to help him have a rich life in the
a,mmunity. Mr. Meeker emphasi7.Cd that he is not a threat and he has not been a bother to neighbors .
Finally, in terms of what seems to him to be somewhat ofa paltCm ofrumon. which. he opined. inevitably
occurs when people don't take the time to check with soun:a of infoma&ion . He said he wanted to rclale
to the coovcnation that seems to be at the crux of the concern here, which -a a>avenllioa bchweea -
of their Slaff" members and the woman who lives next door. It had to do with the c:llildrm DCXl door playing
in their front yard. That swcmcnt fiom their Slaff" -to this affect. dill we did 11111 say keep y-kids in
the house, we did not say do not send your kids ... thcy caa't play in cu yanl ... we requelliDd tllll if they
•
•· •
0
'
•
E•&lewood City Couacil
May 4, 1991
Pace4
(,
•
0 I •
•
were, that we be informed 50 that the individual living in this home could be informed. Mr. Meeker Slaled
that be likes to keep to himldf and be feels the house is his and it is for all practical purposes. The s1lfl'
simply asked to be informed. 50 that if lhcre were children lhcre it could be explained to the residmt of the
home, that the kids were playing in the float yard. Wbicb, be DOied, they have done oa a mamber 111
oc:casioas widloul incidelll. Mr. Meeter poiDted OUl that 11111 lllfC.melll 1111 mmcllow been trlnllalcd, 11 it
IIICI down the rumor mill. to 111ft' aying tbll loc;al residenls should keep tbeir cbilckm inside and not have
them oubide playing became of this individull. NodliDg CIOUld be funber f,om the trudl, be said. Mr.
Meeter lt.llled that there bas _. been any incident in bis entire life, tbal be is aware 111 and be bas known
bim for die ... 13 or 14 years, that involved aaythiDg. any kiDd 111duat to any child wi.a-vcr. So die
alJeptioa that __,. this individual is. tbrat to cbildreD is limply not true. He said be would dmY die
malC>g)-to unebody who may have a ~ granddad who lives al home and cloesn 't likc the kids on
die lawn ... and they ay to the neighbor ... well, could you let us know or mybc keep the kids off the lawn.
Mr. Meckcr said he doubcs that this is a neigbborbood when: -,body bas lOlally free access to
everybody's private property . He stated that was all that was rcques&cd, was that they be informed. He
insisted that this individual is not a threat to children in any way . Wilh that, he said, be would stop and see
if Council has any questions.
Mayor Bums advised that nonnally in lhesc circnD!SlaDCCS we have statements made and there is no
dialogue wilh the Council. But., be said, be inquin,d 111 Council earlier in Study Session, if they would like
to ask questions and have -dialogue and they said ya. Mayor Bums asked if any Council members
bad questions or comments ll this point
Council Member Bradshaw asbd bow many Developmental Palhways Incorporated homes lhcre are in
Englewood . Mr. Meeker said be cloesn 't know, became be lhiab in tams 111 Arapahoe County and
Aurora. He DOied be CIOUld tdJ Council they have about 12 to 14 in tllll area, but be cloesn 't know bow
many olhen lhcre arc in Eaglewood. He said be wu IOl'I)'. Council Member Nabbolz asked if be could
gel Council tbll infonallion. Mr. Meeker said he ccrtaillly CID. Mr. Meeker advised tbal prullably It most
one . They have homes in Litdcton. IIIIUICOlpCllmd Anpaboc Counly and Am He said he tbauga. that
-preay mudl it., tbll be did not dlil* lhcre -any in~ ... adviscd llllll be would ..
Council llllll illbllillioa. So. C'.auaci.l Member Gama aid, lie dlollpt lllil -die only -in
Englewood. Mr. Medler said it is die only -be Cat recall at die --. --. be Nied, be is not
exactly SUR 111dle bouadarica for~
Mayor Buns asked if there way pm1icular ailaia tbey -wllca ~ for a locllioD for a bomc for
tllCir people . Mr. Medler aid yes. lllae are . He ...i dllll tllcy obvicmly look for a bomc wida a lice
CIIVUOUIClll for die people they -· They allD ay 30 fiad a CIMnlaaClll dllll is 11N11130 .-II die
Deeds 111 die individulll that liw dleR. la .,. -. be DOied. ii really is jull a IIIIDer 111 filldia& a llols
that is phylically suitable. Mr. Medler am C 1 dllll dlae are a lol 111 licc aeipbortloods ill Anpaboc
Coun1y and our an:a. When they look. lie poiacod out.. tbey do not carps a~ They llave a
rcaltor that 11JC1 around and looks for a bomc lllll meesa our criSaia. He mainsaiaed dllll die only
a>mideralion they would ever sive so a~ would be if tbey kDcw m of die~ 111 dllll
home had jobs. Say they bad jobs in Lialcson, we will pnllllbly look for a bomc -wt.en: down ill this
area. he said, 11 oppolCIII so over in Aurola. jull m tbey CID pl so 1beir jobs. Ill -<:aa. in Ibis
cue ... which is one 111 die ,-they are ., Mprilllll by tllil. they u-pa dlis bomc -ideal . Is is oa a
dtad end l3reeS buically, tbere is jull one neipbor ad ii is very quiet. Thal is IOIDdhing dlis ilNividual
likes, is just a quiet place . Mr. Meeker ldviled dllll they tboualiS. II they bave beea ma:eaful time and
again, that they would limply be wiabsnasive, -people iD die neipborllood. Somebow. he DOied. llllll
1111 nol worked OUI in this Cale.
Council Member Habcaiclls CIO!ll-..sed 11111 myllc lbe ....... bat lbe dlOllalll be aid dlcy bave been
1JCMJ1g lbi1 (*licular individual foray 12 Ill 14 years. Ya. Mr. MIiiier aid. Ml. Hlbalidll ..... wllal
crileria 1D1U1 them c:11-.e -bomc so IIIOSller, ..:c dlcy 11111w -placed ill a llamc or deWllaped a
home , or wllllcver. SIie qimioncd what pn,cipiWI a~ ad dD dlcy dalee raidau ill dlw ..._
...... -
•.
• •
C
.. ; , m, f
•
• j
•
Eactewood City Couacil
May 4, 1998
PqeS
•
0
•
often. or from the way be mentioned it ... do they own the home. She said lbe would guess lbe does not
quite undcn1and. Mr. Meeker advised that generally they do try to keep people in a silmlion where lberc is
c:oolinuity. but lberc are times when they will make clalgcs. Usually it is for .-cbody lhat naybe got a
job on the ocher side al town and were able to wort it out to wbcR dlcy were Ible 10 -10 a gn,up home
or an apmllllClll on tbat side of town. In this case. be noted, they bave two OIiier gn,up lanes, be !bought
one was in Lillletoo and one in wlincorporalecl Arapahoe County, 11111 they recciwd-funding to
renova1c and expand. The reason for that is that they bave a IIIIIDber al individuals wbo are becoming
elderly and their ability to get around isn't very good and we amled a couple al facilities lhll were on one
level, very aa:cssible. So. they had two homes that -very well suited to being remodded and expanded
in that fashion andooe of the homes was the home in which this individual was living. Otherwise. Mr.
Meeker advised, be would still be lberc.
Council Member Garml asked. before they pun:base a home and move into a neigbborbood, if they try to
make c:ontacl with the neighbors to let them know whal is going on. so they can undersland the silUalion.
Mr. Meeker advised that it aU depends on the cin:wnstances. If it is a group home, be said. absolutely. as
lhal is a home lhal requires licensing. it is a big change for the neigbborbood, because they will have
anywhere from four to eight individuals, it is a home that has to be licensed. For instance, be said, when
they initialed the remodeling or these ocher two homes, be hand delivered Idlers to all or the adjacenl
neighbors explaining what they were doing and inviting them to conlaCt him if they had questions . In fact.
be noted, they did and they had a very good meeting. they got their questions answered and they are very
pleased. In a situation like this, where it is simply one individual moving imo a small home in a quiet
neigbborbood, genellllly they would not . He explained that they try to keep a low profile. Generally. be
said, if neighbors have questions they will come and ask us. So, be noted, in this case we would not. Mr.
Meeker Slalcd lhal they walk a difficult line on this. that these are individuals with full legal rights or all
citizens. He pointed out that when somebody else moves ink> a neigbborbood, there is never any
suggestion that neighbors would be notified al who they are and why they are moving in. or maybe whether
they have a criminal record or anything like lhaL He advised they feel their obligation is to ensure that the
individuals are well cared for, that they are placed approp ialdy. so lhal they do not pose a risk to the
neipbomood and they have been exuaonliwily succeuful II dull.
Council Member Garml noted that it seems like in lhis case. for wllalever-. there was ... wbll be
dlarWrizied pubably as a miscommunicalioa belweea w al bis employees and some al the neighbors .
Whidl obviously, be conunemed. by the 111111 out. is IIO lontcr a low key, quiel aft'air. Mr. Garml asked if
lie was willing to meet with the neighbors -. just to ID dnugll -al these issues . Of coune. Mr.
Meeker lllled. they are always willing 10 meet with the neipbon and they obviously would have preferred
10 do 11111 before a Oyer went out to 200 people. -al diem three or four miles away from Ibis
home ... aa:onling to the addreues on the sipup sheds. But yes. be insisUd. absolutely, they have never
refused a meeting with any neighbor al any home that they operate.
Council Member Garrett asked if be would be laking the initiative to set up such a meeting now or if be
expecled to be coalacted or how this procas 5hould wort . Mr. Meeker advised thll what -Uy happens
is andlody from the neighborhood c:onlacU them aad ays they would like to have a meeting aad they
suggaa a place and they come and they sit down and talk . Mr. Meeker explained that they don't feel Ibey
can have the meeting in the home, it is his home and that would be very invasive .
Council Member Clapp said she takes it they just ha\-e the one individual currmdy living • thll address.
Mr. Medler said thll is comc:t. Ms. Clapp asked if they have pi.. for addilioaal individuals 10 move in.
No, Mr. Meeker advised. their intenl -that this would be a Ian& 1cr111 iaidallial placcmclll for lhis
individual .
Mayor 8uru llkod if there -I paniaalar -My Ibis iaividual was aloDc. He IIOliDd Mr. Meeker
said be likes to keep IO him.ti in a home, bul Mayor Buns alled, is 11111 _. al it or aie lbcre ay adier
reasons why they would bave this individual jull by hilllldf. Mr. Meelicr explained thll it is bocaae be
-•
•.
I· •
C
•
•
•
1:allewood City Council
May 4, 1998
Pace,
•
0 I • -
lilies IO be alone, bedoc:lll'tdo wdJ with-.nata ... it is very impor1111l lO him IO have bis own spice.
Mr. Meeker lllfed be las m exttemcly rare syndrome. it is PIIDdbiag lbll only a fairly small number of
people ill die CIIIUlllly llfte. It is a coadilion be -bom with, Mr .. Meeker explained. be bas DO Q)DIJ'ol
-, it, but Ibey llfte lcarDed exactly how IO work with this iDdividull and be las a very happy home life .
Mr. Meeker DOied lbat be Idled IO bis fldle.r Ibis aaa-_ jull lO lcl him mow what -baJ,pening His
commeat -that bis -is die bappial and las been doing die best be las clone ill bis entire life, ill the
IMt line or four years. Mr. Meeker rcila'lled lbll they llfte rally figwed OUI how IO wort with Ibis
individual and provide him a pJOCI life and make him be a pJOCI neighbor. He said be bas been a good
neighbor.
Council Member Nabbolz ukcd if their supervision were IO bn:alr. down with this individual, if there was a
guaramee or an amnnce, IO this neipborbood. that there would not be any problems with either the
children or neighbors. Mr. Meeker llatCld that be can't give thll guanmee, anymore than the neighborhood
can give him a guarantee that nobody ill the neigbborhood would _.. act out Mr. Meeker advised they
have .-iloring of this individual, Ibey have 24 hour Slaff in the home and ifbe leaves the home on bis
own there is an alarm that sounds, so the Slaff would be alerted. He DOied it has not been for many years,
but the few times be bas left on bis own, be has almost always come back without incidenL Nobody bas
ever been injured. Mr. Meeker mted it is usually because be wanred IO get out and do something else or be
-fiuSUated. A.pill. be poillled out, be is not talking about anytbiDg tbal has happened in the last three or
four years. He llaled Ibis individual las been doing exttemcly wdl, there have simply been DO incidents of
any kind. But no, be said, be c:an 't make a guarantee ... what be can say is that they have been serving Ibis
individual for a long time and they ~·1 bad those kinds of breakdowns and there is DO reason IO think
they will. Mr. Meeker llated they llfte an extremely pJOCI Slaff in this home, most of them worked with
this individual for a number of years.
Council Member Nabbolz said, as Ibey are trying IO clear up mi1C01111Dunicalions withill the Englewood
Herald, dial it is her undermnding that if this indiviclual MR: IO get out, without supervision. there is DO
need for die neipbors 10 call 911 . Or. sbe askcd. lbould they call the policie . Ms. Nabholz ukcd wbal is
the prococol. Mr. Meeker said there -a couple ol tbinp. If be left on bis own, they would not want him
off on bis own, for bis own protCClioll. So. be adviled, wbat they would appm:ialc is, if tbe neighbor
would come over and knock on the door and lcl the Slaff sia-mow, if for -.-i be badn 't come
out with him. Or, be said, ifthll was the cae and the neipbor bad any concem al 111 ... yes, call 911 . JI.Ill
as you would if you have a c:oncem about anybody ill your neigbborbood. But again. be noted, the
probability of that being the cae is exttemcly unlikely .
Council Member Biadsbaw asked. for the rec:ord, if Mr. Meeker would give the people ill the audience tbe
phone number where be c:ould be racbed. Mr. Meeker said yes, al J60.6600.
Council Member Waggoner said thll be memioned Slaff people in the home . He asked how many Slaff
people uc there II any one particular time. Mr. Meeker advised it is one IO one, so Ibey always have one
person ill tbe home. Mr. Waggoner ubd if thll is II all times . Mr . Meeker said il is al all times, unless
they go out ... now he is out of the home a lot . They go ink> the CIOllllllllllity. the Slaff II tbe home frequently
involve him in family activities with their own families . 1bat, Mr. Meeker aid. is tbe kind ol so called
threat be is. So be is out of the home a lot, but Slaff is with him when be is out of the home and Slaff is with
him when he is ill the home.
Council Member Habenic:hl said she bad a question jUII IO throw out. She ukcd wbat was the next IICp.
Council Member Biadsbaw said thll sbe thinks the neipbon IIICCl with Mr. Meeker.
Mayor Bums CIOlllmenled thll be would think so and hope ao. that the neipbon -W w wida Mr.
Meeker and i.e tbll comDMmicalion . He DOied Council las a -from die City ADDnlcy ._ _
of the leplilies iDvolved beR. But, be llid, be thought the inwntillC CIIIIClel'D is with die DCipbon ad
•
,-
•.
•· •
0
•
l.qlcwood City CINlnCil
May4, 1991
Pqe7
•
0 I•
•
Ibis particular individual and if Ibey can ,cc those lines of a,mmumcation going, lhal would be the most
aimtructive *P at Ibis point.
Council Member Habcaic:m lllbd if one of the Cllllllllllllity rooms would be u approprillc 1oc:atioo for
suc:b a mcc:liDg. Mayor Bums aid be didD 't know why not. City Manqcr Scan stated -could boll tbat.
Mayor Bums asked Mr. Mcdtcr ifbe would be intaaled in that. Absolutely, Mr. Meeker said. He noted
thal bis cbic:f regret is the c:omenllioa thal apparmly aroused people's conc:ems. bappened five. six or
1CVC11 weeks ago . And, be aid, die: first Ibey knew of uytbing -wben be got a call about die: City
Council meeting last Monday aipl. Mr. Mcdtcr llllled be would have deeply appra:ialcd the call and Ibey
remain deeply conccmcd about die: effect of this fl~ and dial this home bas now been identified and this
individual bas been targeted • IOIDCbody who is cllllFQUS to tbe aJllllllllllity . Mr. Meeker opined that it
is extremely important that that damage be undone to the ext.ent that it can be .
Council Member Bradshaw asked bow he would see that being undone . Mr. Meeker aid he thinks a Oyer
should go out. liom the same aulbors, retracting the allcglmons. with tbe same diSlribution, to the 200
households that Ibey sent it to. He noted that there is no way Ibey can now oontrol the word or mouth that
bas been generated from that . But. he said, he does think it is very important ... imagine any or us without
having any opportunity to respond. having a flyer distributed to 200 families in your neighborhood and
being told, falsely , that you were a danger lo the neighborhood and a violent person.
Mayor Bums commented that that will. obviously. be pan or his discussion with the citu.ens, thal he plans
to have .
Mayor Bums asked if there -re any other commenlS or sugge!itions from the Council members .
Council Member Nabbolz asked if there arc age rapiircments. do Ibey take under die: age of 18 or 21 or do
they have to be a certain age . Mr. Mcdtcr advisc,d that Ibey have a hqe wriety or programs ud Ibey serve
birth to dealh . In a home like this it would be an adult, Ibey acwally haw two cbildren's homes. but most
or thole individuals haw now aged um adulthood. But. usually they would not place IOIDCbody in this
setting wilil Ibey were 16 to 18 yean old.
Mayor Bums asked if there -,-c any other commenlS or queslions. As there were none. Mayor Burns
thanked Mr. Mcdtcr for coming tonipl.
(c) Safety Services EMS Coordinalor Jim Ulrich advised that be ~ • a member of the
Air Life Memorial Part planning commiaec . He noted that, • everyone is aware, there -a hclialpter
crash last Dcccmbcr that affcctcd the whole EMS community . He said he -here to iDboducc Micbacl
Greene . He noted Mr . Grccnc bas been with Air Life for 10 years ud hu been the prognm c1in,ctor for the
past 5 years. Mr. Ulrich IUled lhal those living in the Denver area enjoy probably the bal EMS delivery
system in the country, spccifk:ally in the IOUthcm metro area. And so, he said, IIOIIIClhiDg like this d'ccts
us ralhcr deeply .
Mr. Michael Grccnc thanked Council for allowing him to addral the Mayor and Council members. He
said he would keep bis COIIIIIICIIII brief. He Slated that on Dccanbcr 14, I 9'17 lbrcc members of his Air
Life tcam died tragically down on South Sania Fe, just a few miles from here . They were on a mission of
mercy ud were transporting a crilically injured palicnt who also, lragically, bad llalted the aequeacc of
events thal cbanpd mmy lives thal aighL In the days and weeks 11111 followed. be noted. be bind himself
deeply saddcocd and fearful lhal bis friends and co-worllcn dllll pvc tbcir lives would be fcqoaen. He
said he found lhal he -not alone. lbroup the sonow be found otben like llillllelf thal were ecardliDg
for a way to honor and rancmber Leslie Feldamua, Pete Abplallllp and Bedl Baitlcr 11111 dlUI bepn a paa
roots dl'ort lhal is today somctbing a lildc lcll formal Iba die: Air Life Memorial Part Committee. He aid
they rally wanted to acatc a plac:c lhal would pay honor to Leslie F~ Pm Abplmalp and Bedl
• ...... -
•.
•· •
C
]-
Ea&tewoad City C•acll
May 4, 1998 ....
•
0 , .
•
Barber and willl it began a belling process that really goes beyond description tonight. He said he was here
taoigbl to tallt to Council about the pm. to explain it and ask for their suppon to make lbll pllk a reality .
Most impodandy, he DIiied. he is paldul for the commlUlity support they, all the mcmben of the Air Life
lelm ... die pilots. mncs, pbysic:iul. bavc ra:eivcd. The outpouring ol support from the COIIIIIIUDity bas
been tmnencbls, he said, and it Im helped them an awful lot. He said he tbougbt that all of Council
ra:eiwd the brochure in their packets lmigbl thal details die memorial p.t and he poi.ad out the artist's
rmdcring ol tbc part. wbich he bad displayed oo a tripod. He said he wanted to point out some of tbc
feablra. He asked Mr. Ulridl to ... out brocbura, IO the mcmben oldie community in the IUdiellcc.
Mr. Greene explained lllat tbc Memorial Part will be oo the Mil side ol Sula Fe along the Mary Caner
Greemny, jull lO the call ol o,,,.,,.,;,1 Golf Coune. The p.t will fealuR a wry '-F public area tbat
will be a lllblllll rock willl rock bencbes, it will falure I Waler clelip lbll will bavc bubblen iplllbing
WIiier up OOIO a rock lllat will be c&cbed willl pelC taking all in ftigbt. Olr from die main public area will
be I rock palll lllat leads back to I IIIOR coatcmplati\'C spol lbll they bavc cleligacd willl the belp ol tbc
families and -artisls dlll -womna 00 the park willl them . T'blt spot will fealllrC I circular ol rock,
within lllat rock will be dcbcd the saying: "When you awaken in the morning's hush. I am die swift
uplifting rush, ol quiet buds in circled Oigbt. I am the soft star that shines at night. Do not stand at my
grave and cry . I am not there; I did not die ." Mr. GrClcnc stated lllat is the pllk and he would be glad to
-any questions.
Council Member Habenicht asked him to rq,cat the location. Mr. Grccnc explained that the location is just
south of Prince S1n:et on the west side of the South Plane River along the Miry Caner Greenway. Council
Member Bradshaw noted it is sort ol behind lhat sculpture, west ol the sculptUR. Mr. Grccnc said yes, that
sculptUR sits at die call side of the Plane River and thal is the site ol the accident. He noted the bclia,ptcr
came to rest just oo the fairway oftbc golf course .
Mayor Bums COllllllClllcd lllat it looks lillc a loYdy memorial. He allied bow much lime they thil* it will
take IO COlllllUd this. Mr. Grccnc advilDll dial lllcy plan oe cigbl to Im weeks of CllllllnlClion. They
would lillc to break ground this IUIIIIIICr to bavc the pn fillilhed bet-winier ICU IICXI year . He DIiied
tbal right-. IS far IS limding for the pllk FCS, the City ofl..ialclml _. pacioully has filllded Sl0,000
OUI ol a S 100,000 estimate for the part. Swedish Mcdiall Cmcr • allD filllded $20,000 aad die
COIIIIIIUDity, in a wry grass roots cffon bas come ronwan1 willl .... $15,000. Mr. Uba, ill llis ._,
dreamt ol an event to coincide willl EMS week. the proceeds ol Midi will ,o to die part. Alld, bc DIiied.
lllcy bavc I golf lourmmcnl thal Health 0ac pla OD ilr tbea aad die proceeds will allD fO ilr die part.
So, be said, they -hoping dlll will be • significant -ia die clnctiOD ol acailll it doac .
Council Member Habcnicbt asked if he bad approaclicd die Anlpaoc Onlanway Foundlliaa and die SOUlh
Subwtlu Pam. Mr. Orccnc advilcd tbal bc • .,._ widl die SOIIIII W.-Palb aad ~
Dislricl, tbal this is actually land tbal lllcy -. and ., ....... tbe appruval pl'CICCll bc .. becn _,_
diem acvcral limcs. So. ya be ...... with tbem and they ...... -qucaicm ... die daip -
-otbcr i-. but tbal bas been it. So. Mr. Greene advilcd, tbeir ...... GIii tbeR -w..., be wry
mucll appNCialed wllm they apcak IO mcmben ol tbe Recraliaa Dillric:l ... jail tbeir ...... oldie project.
He said be mows it is ia the City of Littlctoa. but CICl1linly may ol tbe ~ ha ~ down
ink> uaincorporllcd Anplhoc County. will benefit from the part.
Mayor Burm allied tbal be rad tbe full 1rm1C1 olthe lbrec people . Mr. 0.-aiMlcd 11111 ,-Abpl Ip
-tbc pilot. pilatills the airaaft thal night. and the Oigbl ---8cdl Blltler -Lcllic ,..__
Mr. IJlridl adwilld 11111 die ewlll they WCR lalkinc abaul la die Ai, Life Meaarial 5K nllnllk wllidl will
Ille bcld Mly I.,. at Hadaoa Cilnlcal in Litdctoe aad bc ... .,,,. ··-w..,.. -....... He
.... lllerc will lie a EMS w at a lot ollhe trw:uaad I I e ha *4, 6111 .. ...,_ . .....,.
"' -
..
I· •
0
'
l:ap.weM City C-U
May4, 19'1 •••
7 . N• 1d11 f I f Vilil9n
•
0 -
Mayor e.r. aclled dlll dleR -IC\'Cl'II people signed up to speak that he IIOliclCICl -• ._ wedt 's apm
r-• -_..,.. 111c a1 Cbcungo matter. He said he wou1c1111gat tllll siac:e 111ey 111111
a dialopc wilh 111c ~ al die compuy that Council might feel me to do the -widl die
people wllo wane to speak oa the same subject.
(a) Carol Belt. '871 Soudl Lipan Slreet. statcd she WIS quite surprilCd and a little sboc:ked
due to the aaacks and the lhrcals made by Mr. Meeker. She said she tbougbt he WIS coming here to inform
die Council regarding the house. She acknowledged that she and her huslad -rapoasiblc for the
Oyer. b WIS called slanderous and illOammalory and also somctbing WIS said about legal redress. She
mted lhat she didn't realize that possibly they would have to havc: a lawyer here. Ms . Belt advised that
Ibey found out recently that Devclopmcnlal Pathways is a SI O million a year business ... --profit
corporation. So. she said, she would suppose they could do a lot of legal danage to them. But. she staled.
it was not their intention at all to defame this man. She said therc WIS something said about racial slurs,
tbal she thought that was mentioned at the commwlity forum also. Ms . Belt advised that she has not heard
racial slurs from any of their neighbors. lhat the neighbors next door arc Hispanic and there is a Jewish
neighbor on the other comer. She poi!Ud out that they have never had any problems like this in their
neighborhood. She said she would guess that she would have: lilted to have: a conversalioa with
Developmental Pathways about this particular penon moving into their neighborhood. lhat this is their
community. She noted she has lived there 34 years and their neighbors have lived there the same amount
of time and this is their community . Even though it wasn't a group home it would have: been very nia: and
polite of them to inform them. Ms. Belt opined that this is very unfortunate that all of this is coming about
right now and especially the way Mr. Meeker talked. She said she knows it disturbed quite a few of her
neighbors and she hoped when they get up to talk they will try to stay as calm as she is right now. Number
one, she said, there were two words on the Oyer ... one was whalf.way house" and one was "violent person."
She stated that the polia: told their neighbor that this particular gentleman was violent Ms. Belt said that
she thought Ms. Fulton called their represciuivc: Doug Garrett and she also called Developmental
Pathways and apparently the assumption was that there could. very well be a violenl person there. She said
she does not think this was an IIIIIJUlh, that it was maybe an unfortunalc word to be used. but this Oyer did
DOI just address that. She advised that it addressed IIIOlher cona:m reprding their park. so it wasn't
targeting this one individual at all . Ms. Belt emphasiud 1h11 she would lilte to make that very clear. She
said she wroce down so many notes from what he was saying and he said DIIClhing about bcc:aule he looks
clifl'erenl. She l1alCd that many of than do DOI even know what he looks like, ifhe were to get out of the
house they would DOI know who he was, tnOlully. She said he also mentioned somedling about they
thought it was an ideal locatioa on a dcad<Dd Slreel. But. she poiDll:d out. the dcad<Dd IIJ'eCI happens to
be right next to the Belleview Park Chenango parking lot. Ms . Belt said she was sure if they look back in
the polia: m:onls they will find that that panicular arca has been called on-,, many, many times,
because of the parties late al night. 111 this poor gentleman is Rally goiJII to be dillllrbcd living there. She
said. as she said before, they have lived therc a long time and there is a lot ol traffic, a lot ol noise, a lot of
music bei111 played. a lot al people occupying thal l*k and tllal plllicullr area. She said she would guess
that is all she had to say ... 11111. like she said. she was just very shoc:bcl She noted he mentioned something
about a reuaction ... she said the only thing she could think ol, right off the top al her head, is maybe a letter
to the editor, that would probably reach as many people. She said she does not feel any reuaction. really, is
in onler ... unless. like they said. they bring some legal redress to them. She said she does not know what to
say. bcc:ausc it is a shock. He said that they have righls. well, she IIOled. it -to her tbal apparmJy they
havc: more ripts than we do al this poinl . She said she doesn't~ whll to ay about tllal. She aid she
always thoughl that they had. as Americans. as citizens al Englewood. jUII as nay rip11 as any -el1e,
especially as long u they havc: lived in their ncipborhood. She IIIICd lhc jUII feels \UY lad about du
situation .
,. -
•· •
0
,
-
•
•
•
0 I•
•
Englewood City Council
May4, 1998
Pace 10
(b) Carolyn Fulton. 4955 South Lipan Drive, Slated that most of the things that she did want
to say would have to be addrased to him. if they arc going to have a meeting. The one thing she did do,
she said, and she did do a little c:alculalion, is that she does not believe that when the Federal government
passed the American Disabilities Act that it was intended for such a thing as this. If they pay a person
S8.<l0 an hour to manage this man, times 30 days for the month, she came up with about $5,760 in
salary ... let alone food and the cost of buying the home . She said she does not undersland where all !hat
money comes from . To spend that much money ... taxpayer's money ... oo one individual, she doesn't
understand ... just to place them in a neighborhood . She said the other thing that she cloesn 't quite
understand what he is having to say, is thal he says the man wants to be alone and then he twos around and
says that the counselors take him to some of their family tbinp. Which, she Slid, Dlnds like he goes out
and fralemiz.es or whatever with other people and yet he wants to be alone. She said she cloesn 't
understand those two, they seem to amtradic:t each other. That is all, she said. except the other things will
have to be addrased to him in the meeting.
(c) David Velasquez. 1201 West Chenango, said that at this time he really doesn't have that
much 10 say, but from whal he heard from the man speaking here and from what he heard from his
wife ... and his wife is a very good woman ... she would not lie ... Mr. Velasquez Slated he is just disgusted,
thal he is so confused right now that he is just pissed off, that he can't even think straight. He said that
when somebody comes up to his wife. when she is going just borderline to the yard. to say I greet you into
the neighborhood and thal guy gets kind of mean with her. he doesn't respect that at all. Mr . Velasquez
noted that at this lime he is not going to say anything, because he is so mad that he is afraid of what he
would say .
(d) Lori Velasquez. 1201 West Chenango. said that tint of all she wanted to say to Mr.
Meeker that when his counselor came up to her ... thal actually she was running and she was coming home
and her daughter's bicycle was paibd in the driveway, so she went into the driveway to pick it up and he
walked out and he asked if that was her bike. She said she told him yes, thal it belonged to her daugler.
Ms . Velasquez said he told her, at thal time. thal he would appn,ciate it if she wouldn't let her kids come
into his yard, because he said he has "one of those uh, you know, one of those kind of kids." She said she
just stood there. she didn't say much. Actlally, she advised. when he first came out she said "oh, hi. arc
you the new neighbor'r' that he did not even say "yes. I am the new neighbor" or let me welcome him into
the new neighborhood . Ms. Velasquez Slated she is pissed off too. because he went and told Mr . Meeker
something else. And, she noted. he told her that if her kids were going to play in his yard to let him know .
Well , she said, there is a creek right there and she shouldn ·1 have to let him know when her kids arc going
to play in the creek. the creek is not his . She reiterated she shouldn't have to let him know and yes her kids
do drive in his driveway and go around in their bikes and come back around. they do do lhaL But, she
stated, he told her that yes, he could get violent with her kids and that is very worrisome to her. Because,
she said. her kids should not feel like they arc in danger. when they arc just playing with their bikes or
doing something around her neighborhood . She 5lalCld it makes her very pissed off that he went and told
Mr. Meeker something totally diff'ercnl She emphasiz.ed that she will coafrnnt him and yes, she will talk to
him if Mr. Meeker brings him to the meeting and she will say exactly what he said. Because. she advised.
she has five children at her home. ranging from 15 to 4 years old. Ms. Velasquez said yes it makes her mad
to know thal her kids cannot feel safe . She said she has hid 10 tell her kids not to play over there and her
kids do not UDdenland thal. because for the past thn:e years 1h11 they have lived there they have played in
thal yard and they go around. And yes. she said. she thinks 1h11 they do have open neighbors in her
aeigbbortlood. because when she moved into that neighborhood Mrs. Belt and the 8abcocks. and a loc of
other aeighbon thal arc here, rcocived them into the neigbborhood 111d gave them a big i-tY to welcome
them into the neighborhood, along with one of the other neighbors thal hid mowd in . So. she coaunented.
yes they are • open neighborhood. because her kids drive into the 8abcocb. her kids have gone into tbe
Belt 's P'IF area. They play around and nobody has ever. ever told her not to let her kids play in lbeir
yanl ... never . On the coom,y . she said. they all agree and they all live hippy, until Mr . Mccker's guy came
in and told her that yes he could get violent with her kids. And. she IIIICd. • she said before, that does
make her very, very worried and very , very conccmed .
•
,, -
I· •
C
f
-
1:aakwood City CCN1ncil
May 4, 1998
P .. 11
•
• -
( e) Tim Walker, 4898 South Lipan SIRd. said dull first of all be would like to c:oognlUlalC
bim oa buying in such a good ocigllbomood. becaulc the Pft1PC11Y valllCI arc cxcdlcnt. He said be just aw
wbcrc his property-at up Sll,000 from lutycar. Secondly, be notcd,jllllasshc said, be tried towaw: to
their COUD1Clon ... be didn't even know anybody lived there until the beginning of April. Jllll before they
talked to them, be aw one guy and tried to wave. He said be clocsn't cvcn know when they IIIOYCld in,
because his house looks right down the SlRel, down Chenango, dull be lives righl on the comer. Mr.
Walter advilcd be is like everybody else, be wants to get with them al their meeting and ICIC what they say
and then they will get back with Council and ICIC whal they say .
(f) Rick Gillit. 4985 South Lipan Drive, llated lhat be is kind cl surpriled a1 die FDClmrm 's
oommcms, lhat be too w cxpcaiDg to be informed toaipt. He maiDhtieed dlll dlll was one cl die IIIOll
evasive and ddcnsivc coauneall be dlaupl be hid bead in a long time. Mr. GiDit opiaed dlll be CIDUld
have done much more, ifbehadoomc to inb'm. He said bellill clocsn't knowwhatthisFDClcawt's
pniblcm is. He hun 't said whdbcr or 1111( he is a violcat pclDI. All he Im bclrd is diem lllactiag our
community, yet he has to underund dlll is whcrc they live. dlll he ... dlilcnn aad his neqllbors have
kids and he thought they hid a righl to be iafonDed. He llaled he appecias dlll und,ody in our
community had the gull to inform them dlll dlcre was m ilme. Mr. Gillit said he thanb God dial -llill
have the amendment lhat says freedom cl speecb aad we can say whal we feel and we haYC frealoms to
write things. He said he thought that the grarat cnor is dlll they, as a compay ... and they arc a axnpany
whether they arc non-profit or profit ... did 1111( inform our community before they brought this indiviclual in.
It would have been a great 111d to them and to us to be informed . He said he hopes this gentleman takes a
lesson about this to the next a,mmunity that they try to impact. tblt a lialc bit of information sure helps a
lot. Mr. Oillit llated that he just challcngcs them and their 11d to rally lllldermnd where -come from
• a community and where-oomc from• neighbors, that ... mrc -arc Fine to be defensive, bccaulc
-haYC a right to be. He pointed out lhat it is a lo( diffaall when it is iD your backyard, and it is in bis
backyard, in his ocigbborbood. He said he hopes Mr. Meeker CXJfflCS off 1111( 10 ddcnsivc. Mr. Oillit llllliClll
lllll. to him. the lcacr Mr. Meeter wracc w slandcraus to them. He rally 1-scd to regroup and redlink
what he llid. bocaUlc be lboughl prallably 90% of them tumeckff ripl nay. just hcariDg how he came
acroa. He said thal be hopes the next time they lppl'OIICh 111, as a CIIIIIBUlity, thal they approach us with
informalion. 1111( dd'cmi,,cnr.ss.
(&) Jan Kerzic, 4790 South Lipan. aid dlll dlcre is aec dling we haYC milled here aad dlll is
dlll this is mi infrin,cmcnt on your rigbls as City Council, as our 1+c:a:a1Mivcs cltbc Qty. Sbc poillCed
out thal they didn't !cl Council know what lulppcacd. they clidn't oomc to Council aad lcl diem know what
-going OIi in the ocigbborbood 111d she thoupt they have dlll right.
8 .
(a) A letter from Mike Dilallllh iadicaling his rcsipalion from the Clean, Greca 111d Proud
Commission -c:oillidered.
COUNCB.. MEMBER NAaHOLZ MOVED, AND IT WAS SECONDED. TO ACCIEPT WITH
REGRET THE RESIGNATION or MID DD.A TUSH ntOM TIU CLEAN, GUIEN AND
PROUD COMMISSION.
Ayes :
Nays :
Motion c:arried .
Council Members Nabbolz. Gama. Bradlllaw, Habcnicbt.
Wqaoncr,Clapp.8-
Nonc
(b) A proclamllioa dcclaria& the week cl May 17 tllroup 23, 1998 as Emerp:acy Medical
Services Weck -coasiclnd.
,, -
' <
•
•· •
0
I
-
Eaate,rood Qty C•acil
May 4, 1998
Pqe12
•
0
•
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
WEEK 01' MAY 17111ROUGB 2l. 19'1 AS EMERGENCY MEDICAL SERVICES WEEK.
Motion carried.
Ayes: Council Members Nabbolz, Gama. Bradshaw, Habcnicbt,
Wagoner, Clapp. Bums
Nays : Nooe
Mayor Bums presented die pmclaaYfion to Safety Services EMS Coordinator Jim Ulrich. Mr. Ulrich
CXlllllllelll.e that probably one or the IIIOll Ullder recopizcd upecu or public ICrVic::e is the EMS
community. He noted you don't tee them oa TV very much, bccalllc by the lime die TV crew pcs there.
die ambulaDCll'S have alrady left. We are praty much unrrmgnized. be DOied. The only people who really
know about 111, be said, arc the people who aced us or who have used us in die pill This week, the 17*
tbrougb die 23.i is Nalioaal Recopitioa Week and Ibey are suppomt to be pn,moling EMS-·
Mr. Ulricb sugested tbal wbea you 1ee a .,....edic. • EMT, a firdigbfa or police afflcer, or anybody
that gees inwlwd with emetFDCY medicine, you mipt just want to drmk them OIi that J*1icu1ar week.
He oom........., if they fiad lime to ID out to Hudloa Ganleas oa die 17* that would be nice too . Mr .
Ulrich lbanked Council ror their suppo11 and noted Ibey are just really happy that Ibey have been allowed to
provide oac or the stale or the an ICIVica in die City or die 5111c or die CDWIIJy . Council offeml their
thanks.
Council Mama Bradshaw said 1be DCClded to say something oa behalf of that She s:tatcd that if it wasa 't
for Mr. Ulricb and bis crew, oac or her ncipbors would aot be here. Ms . Bradshaw advised that Ibey have
saved that nan twice in die last two yean and libe thanked diem.
Mayor Bums COIIIIIICIIICd dial be bad cxx:asioa to be down • die fire llllion oa Acoma SalUrday and be was
talking to oac or die ftrefigbfas aad bad a tour or the place and III forth. k is very obvious. be said, bow
proud Ibey are or lhll lCrVic::e and -w abclUI 11ow muy peap1e t11ey have saWld recm11y in dial
propma and wbal a bip IIIIC or iadinea dley a,e in with lllll propma. Mayor Bums lllled ii is really
ranarbble bow wdl they do.
9. hlllic Bearia&
(a) COUNCIL MEIIOER IIRADSIIAW MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC IIIAIUNG TO GATHER CITIDN INPUT ON A PROPOSED alLL FOR
AN ORDINANCE AMENDING INDUSTRIAL ZONE DISTRICTS.
Ayes : Council Members Nabbolz, Garren, Bradshaw, HabenicM.
Waaoacr. Clapp. Bums
Nays : None
Motion carried and die Public Hearing opened.
All latimony -given under Ol&h.
Neipborbood and ~ Tecllaician Lanp lllled dill before Couacil lllllipl is Coiac:il Bill No.
18, die propoaed amendmaU to the 1-1 Lipl lllduluial lad 1-2 Oeacral IDclllllrial 2.oae Dimic:Uorthe
Comprdlcnsive 1.oning Clldilmlce . She lllbmiaed Proof or Nllicllioa or Nola oCNllic 1--., w11a
was published in die Englewood Herald April 10, 1991. The propoaed 1m I •• 1be adYiad, 1a111t
from a request or City Council to rmew two spocific laad -w: 111o1e -.. car CNIMII •••
and bmnlous WUIC lilOrqe aad proceuiq operlliw. TIie ...,_ oC tbe....., h C ii IO
mitipse pocential implcU oC lhele two heavy iDdulSlial --a41ce111.....a .............. SIie
s:tatcd this die amendmeals are -dilsric:t rep1lsioas dill Allllrell and dlcl 1-1 al 1·2 2.oae DimicU
city wide . TIiey -short leral ielid, • specific SO two laad -al 11111--, IO..._ Ill oCdlc
indullrial -dilsric:t rq1111Dou or aD the lfflliclM dill .. --,y for dlole dlarim. TIie miliaa,
she noted, -also l9aad alw IWilioaa wllic:lt CM be i-po...: mo a_.. I I t ·we milicla or
,,, -
•· •
f
-
•
•
•
b&lewood City C•acil
May4, 1998
Pap:13
•
0
•
t•
•
the industrial zone disb'icts which is planned for later this year. Ms. Langon explained that that revision
pnx:as has already begun with some preliminary discussions with some induslrial land users and the
pwpoae is to bring the ordinance up to dale, both technically and from the aspect or community quality or
life. She referred Council to the Council Commwlication on page 2, the 111111:ix, and said she woulcl go over
the main -of the ordinance. Under the first area, automobile sbredding. that use is curremJy prohibited
in 1-1 and 1-2, u auto sbn,dding and similar operations and it his been pn,lullited since 1978. The intent,
back in 1978, wu also the same. she said, to miligale impacts to adjacent ncigbboitloods. In the proposed
amendment those uses would renain prohibited uses. The only change to the amcndmall is ID aw,mobilc
slndding definition and that includes auto aushing. baling. axnpac:ling or similar proccsscs, which reduce
\'Chicles or parts to a form suitable for t\anber processing. Ms. Laagon advised that there is one existing or
known auto aushcr in the 1-2 area and it wiU renain the non-aJDforming use, as it has been since 1978.
The second section is automobile wrecking or dismanlling, CWTmtly it is a conditional use in 1-1 and
permitted in 1-2 . That, she stated. would remain the same under the proposed amendment She said she
wanted to explain that. She said that auto wrecking or dismamling is a less dense dismanding, actually
dismantling of vehicles into their componc• plltS for sale or possible recycling. The change bcrc in the
amendment is ID expansion and clarification of the definition to include the term auto wrecking
dismaMling as paning. salvaging, recycling or similar processes. It docs not. she pointed out, include auto
shredding, aushing, baling, as in the first area. Tbcrc would be no change to existing operations in either
the 1-1 or 1-2, under the auto wrecking or dismanlling section . The third ara is hu.ardous waste processing
and saoragc . She staled they have added a definition for both lwardous waste and lmardous waste
operations. She explained that this means lmardous waste, wbcrc it's the principle use of the
busincacs ... it docs not affect businesses that happen to use lwardous materials as put of their process .
Because. she noted. most any business has some type or hazanlous malerial. So it is only those businesses
thal the principal operation is saorage or processing or hazanlous waste. Currently, she stated. buadous
waste processing and storage is permitted in 1-1 and 1-2 and the proposed amcndmc.-s woulcl make those
U1CS coaditional uses in both zone dillricts due to the proximity or raiclcnls and the potential for health OI"
safety impactS to those residents . Existing uses will be able to remain as condilional uses with proof of
compliaacc . The other cbangcs in the onlinw:e arc in dcfinilion cmn,cs. as she said. they havc Cl'calCd
-clefiaitioas lor auto slndding. hlmdous WIIIIC and huadous WIIIIC opcnlioll and lhea tbcy havc
reviled OI" cllrificd the uo 1ffllCking 111d cliawalillg dr:finitioa. She IIMed they havc allo added, IO tbc
prohibited USC. biological Wlll1C proccssing. Thal could poaibly fall under the umbrdla of buadous
...-. bul they fdt that ii wu ~ IO actually 11a1e 11111 as biological wasac . And then, lbc said. there
arc a lllaDbcr of reference terminology cbangcs to jull try a,id bring the onlinw:e into uniformity wilh other--. wbcrc in DIIC CMeS in previous ordinaces WC havc used the term section OI" onlilmlcc.
-they arc aU trying to be the same wording. Basically, lbc said. thosc arc all ofthe-111tmcnts aDd •
they can w they arc f'airty IIJ'liglll rm.vet. they havc minor or no affect on cxi5ling busin ud tbcy
do swt the process of the revision of the 1-1 and the 1-2. She noted 11111 moving tbcsc amcndmaUs forwant
would meet Council's requested timcframc. She asked if Council had any questions.
Council Member Bradshaw asked. on automobile wrecking, if 1-2 is the more intense dillrict. Ms . Langon
said that is riglll. And. Ms. Bnidsllaw noted. wc have a munbcr of wra:ting yards up in nortbwcst
Englewood. Ms . Langon said thal is riglll. and lbc tboughl tllae"" tine liccnled in 1-1 and six liccmed
in 1-2 . Ms. Bndsbaw COl1UIICBled thal tbcrc arc quilc a few ud lbc wu going to say she thought it wu
nine or ten . Anyway, she asbd. ... and a>mmcnted thal she cloesll't "-' thll this has anythina !Odo with
this one, bul in the future is there a ditrctall kind of l.Ollia& tbll we could havc fOI" IUlO wrecking or for thal
type or occupation. Ms. Langon advised that she lhil*s thal is going to be • area thal is looked at quite
closely, because there arc auto wrecking yards and then tbcrc • IUlO avqc 111d then there is ratonlion
yards or small companies thal do lellOralioll wofl, tbll do DIil foiiow any of tbcac qulalions. She opined
that what wc need lo do is look at all of tbcsc categories of busincars and basically w if we can ~I the
playing field .
Council Member Wagoner asked llow this aft'ects a lllllion tllll aipt havc a w..ac oil -. dnllll type
thing undemeadl the p,,und. wbcrc they draill the oil and then pump it out w11ca it gets 11111. He aid be
• .....
•· •
0
,
]-
•
Ea&tewood City Council
May 4, 1998 .....
•
• -
woulcl gum that is a hal.anlous IIIIICrial . Right. Ms . Lanp said, but that is not their principal openlion.
a a ..... of dial waslc. So, Mr. Wagoner said. she is lalking about the principal openlioo. Ms.
Lup aid ript.
Mayor Bums asbd if that is bandlod under the Waste w-, Trelllmeat Plant and Ulilities rcgulalions. Ms.
Lup aid llllt is ri ... and dlll ii aaodlcr -wberc we need IO updalc iD the ordinmcc. Bcclulc. she
adYiled, ripl -the ordinmcc calls for undcrpoundiDs of ..... lallks, but EPA does not_.. lbal. So
dial is a much outdated seclion of the ordinmcc dlll Mmll IO be..._._
Mayor Bums asbd if. iD the pul, aitomobile wrecking and dlll llllt of ac:livity bas been qulllcd undcr
,-.al auisaces onlinances. He noted that maybe City Attorney BnllZlllall could__. lbal Mr.
BnllZlllall llaled it wa more iD mning ordinmccs.
Council Mallber Habenicbl said Ibis doesn't address any ima of buffers belween -or aaytbiDc like
1baL Sbe asbd if dial WU lnle. Ms. Langon advised that DO it does DOI, dial they felt dial wa a much
lager topic and, to rau wilhin Council 's limdrw; it -not lllllldhi .. dial could be addralecl.
Council Mallber Habenicbl commented that the oda lhiDg sbe noticed wa with biologic:al waste
proceaiDg tbat we an: exempting. or it clocsn 't a11111t. -. plaals or aaytbiDg like dial. Like our-.
dispoal pin. Sbe asbd if that is considered biological --procming. Ms. Langoo llillfed lhll
biological waste is generally medical waste . Ob. Ms. Habenichl said, you an: talking about medical waste.
Sbe asked if dlCl'e WU • definition iD dlCl'e and where it -· Ms. Lap said dial DO they did not include
dial as a definition. Mayor Bums asked if they plan to. Ms. Langon said it is probably IOOW'tbing that they
need to address iD the future .
Mayor Bums llaled lhlt if tbcy are going to ICpalale it &am buanlous waste they should probably clefiac
il
Council Mallber Habelliclll ..-and DOied lllll llle fn ........ ~ ..... * -toaaaa
.. it dlillimc ....... * clia't Nalty IIOlioc it bef-. .. is pol1I paaies ....... tilr.c .......... ii ....
biologicll WIIIIC. ia 't it? Ms. ....... DOied they -oriplllllly loatia& .. aedical .... lllllically.
Mayor Bums said dlll be understood tbal she wa la)'illl they an: going to cwlw illlo die Ilda ~ ia
die filllft. Ms. lap cxplai-s lllll thll is --lllll they aR pillg lO 1111w IO look al. Apia. she
DOied, the !al C1011CC111 is the land or lack of land and wberc can we -up 1ritb die Ilda. 111 lllll is-
mecbod. Tbere will be a lot of tbinp to look at 08 lllll ... is a 10 root bd'cr realty --IO 1*p a
IIIDrdous waste away or does it have to be a 50 root buffer. In IDOll -. she poaed Olll. die land is not
there, ID they need to look at a number of llldbods.
Or, Council Meinber Bradslaw c:ornmeated. maybe ~ dliap iD that arc ..._.,. in exi-.ie
and tben whm they clap .... tben dial is ., ..... penlliam ... 111M. * said. is anotbcr way to
clral with it. Ms. Langoa ... .
Council Mallber Habellidll asked if this addresa. ia any way, the ima of noile and die impacU of
noile. Ms. 1.-,oa advised that any of llle UICI dial arc either CODditional or --«lllformiaa 111w: noiae
abatcmcnf aitaia lhll they 111w: to follow .
And lipt abalcment • welt. Council Mallber Habellidll asbd. Ms. Langon aid ya.
Council had DO funher questions Of COl1UIICllll.
.... • ......
• .
...
•· •
0
'
]-
Ea&teweod City Cwacll
May 4, 1991
Pqe15
•
• I •
•
Cvy Slnuss, owner of ABZ Truck Parts, a salvage yard or wrecking yard in Englewood. swed dial tbe
auto wra:ting license dial the City of Englewood has issued to wrecking yards in Englewood is probably
tbe IIIOll .... [Clat's nocc: Al this poi .. Mr. Simm pamed to lake a drink ofwa&er.J
Council Member Bradshaw med Mr. Stnlull -ABZ Truck Parts -localod. Mr. Simm advilcd it is
ID auto wrecking yard. that ICIUally be only does trucks, at 1922 West Warren Affl!ue.
Mr. Simm said be would llllt over. He staled lbat tbe amo wrecking liceme that tbe City of Englewood
has issued to wrecking yards is the IIIOll restrictM ordinance tbe City bas. He explained that what they
would like to sec from tbe City is a fair compliance from other hillin r: that do not bave wrecking
licenses, but store and sell --,unning automobiles or parts. Mr. SClllm swed that tbe City is in tbe
recycling business, like it or not. He COIIIIIICllled 1h11 tbe Cily bas ontinmces in l.Olling dealing with -·
licensed. -running .-mobiles. appliances and miscel'-lnlh. We ba\'C to keep in mind. be said,
dial people haw: to dispOle of these automobiles and metal producls with some rec:ycling outlet. Mr.
SU.. advilcd lbat • a long lime busi-in tbe City of Englewood be, and other people in tbe
wrecking business. would apprecialc being put in tbe loop with tbe new l.OTing and ordinance c:lmnga dial
tbe City plans. He SlalCd that aito wrecking recycling sena a vital role in pn:serving llllulal resources
and reducing demand a:arce landfill space. For example, he said, tbe induslry recycles «-r 10 million
motor Yebiclcs in tbe UnilCld States, tberd,y saving ID estimated 85 million binds of oil dial would
OlberwilC be .... in tbe -.faclurc of n:placcment parts. Additional cncrgy and -is ralizJOd by
rec:ycling rebuildlble OOR parts to tbe atomobile pans industJy and tbe IUtolllObile wrecking indulay also
supplies approximllely 37% of aU fenous metal scrap to tbe scrap proccaing indulay. Mr. SClllm aid be
would like IO mike it clear to tbe City Council that tbe wrecking yards in tbe City of Eapwood do 1M11
bave a pnlblcm widl ,_.. or dlaps in the ordinance, • long• they c:aa bave -iaput ialo wllll is
beiD& put fonranl. He acllCd dlcy ~ always worked with tbe City for -, years. _. of diem llave
been ia .,..._ far-20 ,-s. He aid dlcy don't Cxpecl 10 Fl dleir way or be....._., wMI IM
City would lillc 10 dllaF, He acllCd dlcy ahady mve a lol of EPA n11cs ad odlcr rearhtiml "'-*
Federal~ dlll lie dDCa't dlim 1M City even needs to wany ... Belic\o'C-. lie llid. dlcy lR
\UY ...... c:aaill& don froa 1M Fedaal palllDCCI wl-,bodJ lie It-. of ia 1M Cily of
Eapwood tbal 1111 a WftlCUll lic:ale llrady has applied for ml received aU of dleir EPA pencils. He
ukcd if Council had any questions. There --· Mr. Sbaa 11111111 be IIIII IIIIDC ladouls &om 1M
Nalioall Recyclers that he -l(ling to leaw for Council if they would like to look II them.
Mayor Bums med if anyone else wanted to come forward ID llpCak on Ibis man«. There was DO one elle
praent to address the issue.
COUNCll. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO CLOSE TIO
PUBLIC Bl:ARING.
Ayes: Council Members Nabbolz, Glmtt, Biadlhaw. Habenicht,
Waggoner, Clapp. Bums
Nays : None
Motion carried and tbe Public Hearin& cloml.
10 . Couait Aseada
(a) Approval of Ordinances on Fn Reading
COUNCIL MEMBER CLAPP REMOVED 10 (a) (11) M4I (Ill) PROM TIO CONSENT AGENDA.
COUNCIL MJ:Mal.R BRADSBA W MOVED, AND IT WAS SltCONDl:D, TO APPROVE
CONSENT AGENDA mM II (a) (1) ON FIRST HADING.
.....
,-
•
..
•· •
0
Ea&lewood City Coacil
May 4, 1'91 ... ,
•
0
•
(i) COUNCll.. BILL NO . 22 . IN11t.OOUCED BY COUNCll.. MEMBER
BRADSHAW
A Bll.L FOR AN ORDINANCE ADOPTING 1HE "CITY OF ENGLEWOOD FIREFIGHl1!RS
PENSION PLAN (AS RESTATED JANUARY I, 1996)" BY 1llE CITY OF ENGLEWOOD ,
COLORADO.
Ayes :
Nays:
Motion carried.
Council Membcn Nabbolz. Gama. Biadlbaw, Habeaic:bl,
Wagoner, Clapp. Bums
None
•••••
Mayor Bums advised that 10 (a) (ii) is a rec:ommendlliol fnlm lbe Deplnmcnt of"Fiaancial Savices to
adopt a bill for an ordinance implemcnling changes to supplcmcncal benefits for Eaglewood 's Firdiglws.
Director of Financial Savices Gryglewicz staled dull he is alto a member of die Old Hire Police and F"~
Pensioo Boards. He advised that AFftda lteml 10 (a) (ii) and (iii) minor each other IO Ibey can discuss
them at lbe same time.
Council Member Clapp noted dull it shows an increale here 11111 Ille --wondering if there is any
savinp by cloiDg it Ibis M)'. Dinaor Gryglcwic:z llid he dliab there is. palallial. ...... lmllp in
lbe fact tbal under CUffCIII ordiWlllC there is actullly no specific: l'liclelines • to no pu dlis benefit So.
cilhcr w of die pcll80II ._.. could award a 11111 20% to III CICCUplliallll diability. So ii could aclllllly
double lbe COIi to die City. So. he llid. he dlim widl dlis llldiawle there will be.....,, ... COil savillp
to die City. Bui, he DOfilld. he IIIO lllillb there lie P+.wiel bellefitl IO 1111 police a ~ becllae
if Ibey come to tbe -'Y fOllllld baud Ibey will !mow wlull dlcir baldit will be . ear..ly dlCy 11e •
qui1e -. becaulc. he lllllled. ii is__... lllbjeclive a die baudl ca loot • it eidler 1WIIY, 1111y cu
cilhcr IWlld it or not. ii ii • blal:t or wllilc. Mr. Grypcwicz reila-.l dill lie dillllb ~ 11e ,,.,._el
savings and tbal it is a bcndlt to our Safely Services peramnel.
COUNCO. MIMBIR WAGGONER MOVID, AND IT WAS SICONDll:D, 10 APPROVI
CONSINT AGENDA 1TD1 II (a) (I)_. (ii) ON PIRST Rll:ADING
(ii) COUNCll.. BILL NO. 24. INl1t.ODUCED BY COUNCll.. MEMBER
WAGGONER
A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER I . SECTION I. SUBSECTION 2 OF
1HE ENGLEWOOD MUNICIPAL CODE 1915 BY REPEALING TITLE 3, CHAPTER I, SECTION I.
SUBSECTION 2. AND ENACTING A NEW TITLE 3. CHAPTER I. SECT10N I, SUBSEC110N 2.
ENTm..ED SUPPLEMENTAL DISABll..ITY BENEFITS WIDOI PERTAINS TO DISABILITY
BENEFITS FOR FIREFIGKI'ERS .
(iii) COUNCll.. BILL NO. 23, INl1t.ODUCED BY COUNCll.. MEMBER
WAGGONER
A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, Ol'lllE
ENGLEWOOD MUNICIPAL CODE 1915 BY REPEALING TITLE 3, CHAPTER 7, SEC110N 2, AND
ENACTING A NEW TITLE 3, CHAPTER 7, SEC110N 2, amn.m SUPPU!MEHJ'AL DISABILITY
BENEFITS WIDOI PERTAINS TO DISABll..ITY BENEFrrS POil POLICE OFFICERS .
,,. -
..
.. •· •
I
•
•
0 !•
•
'·
l:qlewood City CouacU
May4, 1998
Pqel7
Motion carried.
Ayes: Council Memben Nabholz, Gama. Bradshaw, Habenicbt,
Wagoaer, Clapp. Bums
Nays : None
(b) AppnMI o(Ordinanca Oil Second Reading
COtJNCB. MDl8ER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITDIS 10 (II) (I), (II) MIIII (W) ON SECOND READING.
(i) ORDINANCE NO. 21, SERIES OF 1998 (COUNCIL BILL NO. 10,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AU'JHORIZING A PIPELINE CROSSING AGREEMENI' ENTm..ED "PIPELINE
CROSSING AGREEMENT -MILE POST: 6.45"' AT YALE A VENUE Wl1lf 11IE UNION PACIFIC
RAILROAD COMPANY .
(ii) ORDINANCE NO . 29, SERIES OF 1991 (COUNCIL BILL NO . 21,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AU'JHORIZING A PIPELINE CROSSING AGREEMENI' ENTm.ED "PIPELINE
CROSSING AGREEMENT-MILE POST: 7.76" AT KENYON AVENUE Wl1lf 11IE UNION PACIFIC
RAILROAD COMPANY.
(iii) ORDINANCE NO. JO, SERIES OF 1998 (COUNCIL BILL NO. 20,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE APPROVING SUPPLEMENT NO. 137 TO 11IE SOlmfGATE SANITATION
DISTRICT CONNECTOR'S AGREEMENT FOR 11IE INCLUSION OF LAND Wl1lfIN 11IE
DISTRICT BOUNDARIES .
Motion carried .
Ayes : COUDCil Memben Nabholz, Gama. Bradshaw, Habeniclll,
Wagoaer. Clapp. Buras
Nays : None
(C) Resolutions 111d Malicm
COUNCB. MEMaER NAIIBOLZ REMOVED II (c) (I) noM TBE CONSENT AGENDA.
COtJNCB. MEMaER 8RADSIIAW MOVED, AND IT WAS SECONDED, TO APPaOVE
CONSENT AGENDA mMS II (c) (II), (Iii) _. (lw).
(ii) CONTRACT Wl1lf 'IEAGUE EQUIPMENT COMPANY IN 11IE AMOUNT
OF $94 ,S46 .00, FOR 11IE PURCHASE OF TWO BUCKET 11lUCKS.
(iii) CONTRACT Wl1lf lllANSWEST 11lUCKS, INC . IN 11IE AMOUNT OF
$40 ,314 .00 FOR 11iE PURCHASE OF A DUMP 11lUCK .
(iv) CONTRACT Wl1lf lllANSWEST 11lUCKS, INC . IN 11IE AMOUNT OF
$40,314 .00 FOR 11iE PURCHASE OF A DUMP 11lUCK.
•.
..
•· •
0
,
•
l'.a&kwaod City Council
May 4, 1998
Pqell
•
0
•
Ayes : Council Members NaMolz, Gama., Bradshaw, Habcnic:bl.
Wagoner, Clapp. Burm
Nays : None
Motion carried.
(i) Council Member Nabbolz said llbc jull llld a CXlllple m qucslioas, IO dear things
in her mind. She DOied dlll OD Amm +n c•s 2 llld l ill dais ii lllowed die Cllllployec Vale w, by a larJe
majority, apilllt. Mr. Gryglewicz said yes. SIie..,.. ifdley me..-. dais with all die A ........... ,.,, as
they are. Director Glypcwic:z explained they aR mimlrillg die WIC.
COUNCB. MltMDa SltADSIIAW MOVED, AND IT WAS SECONDED, TO APnOVlt
CONSENT AGENDA 1TD1 II (c) (I).
RESOLIJl10N NO. 53 , SERIES OF 1991
A RESOLU'llON IN WHJOl 11£ CITY COUNCD.. OF 11tE CITY OF ENGLEWCX)D, COLORADO
HEREBY CASTS rrs EMPLOYER'S VOTE IN FA VOil OF F.P.P.A. ·s PROPOSED AMENDMEl'n'S
NO . I, NO. 4 AND NO. 5, AND AGAINST F.P.P .A. 'S PROPOSED AMENDMENTS NO. 2 AND NO. l .
Ayes :
Nays:
Motioa c:anied .
II ...... r~
C-=il Mellllbcrs Nallllolz, Gama. Bradshaw, Habcnic:b1.
W...-r. Cllpp. Burm
None
(a) Approwl m0..-OD Finl Radiag
TbCft: were DO additional ilems IUbmilled for approval OIi fira radiDg. (See .\,eada llem 10 • C--
Agcnda.)
<b> Approwt m Onliaax:es OIi Second Radiag
(i) Mayor Buras asked if Council 111d ay quelliom or rommaMS repnlillg Ibis
Agenda Item. ThcR were-·
COUNCll.. BllJ. NO. 13, IN11lODUCED BY COUNCll. MEMBER HABENICKT
A BUJ. FOR AN ORDINANCE AMENDING 1111.E 16, BY REPEALING 1111.E 16, OIAPTER 4,
SEcnON II, Emm.ED LANDSCAPE ORDINANCE ; ENACl1NG A NEW 1111.E 16, OIAPTER 5,
SEcnON 26, Emm.ED LANDSCAPING STANDARDS ; AND AMENDING 1111.E 16, OIAPTER I ,
SEcnON I, BY 11£ ADDm<>N OF SEVERAL DEFINmONS, OF 11£ ENGLEWOOD
MUNICIPAL CODE 1915.
COUNCU. MltMSIR NASBOLZ MOVED TO APPaOVlt COUNCB. alLL NO. 11
COUNCU. MltMSIR altADSIIAW MOVED, AJ119 IT W.U SECONDED, TO AMEND COUNCO.
.ILL No. 13, TBlt LANDSCAPING STANDAllDS OUINANClt av MAKING TBlt
JOLI.OWING CBANGIS:
•
•.
,
•· •
0
f
]-
•
---------------------------------------er-----------------......,, •
I' ., ... Clly C-8
llay4,1,. ... .,
• •
PUD ~1•1 rl•l rellllinamD .. Ille I s I « • acw a.,a. Nlil. CHIICu,1doa
... 111e.-•dlet111uUeuhr•HtwANDAIUACENTUSl'S. PUDl•lr llf'lrelllli-C.
... llle ..... llyN.lliPr•Htl t tll • llf•d M Ce rl1r I trla I M _....._TIii:
DISTIUCT'S PREDOMINANT DEVELOPMENT USE AND aY UQOIIIDIENTS
DTASI.ISUD JOR SIMILAll Dl:VU.OPIUNTS IN SIMILAll ZONE DISTIUCTS.
2. A--r 16-5-26-D (I) (f). L.....« Ara ... reaeau widl die ...... fl• -
.......... rall:
WA'l'Ut, WASTEWA'nll TIIL\'l'MENT AND 011RllSIMILAll LAJl<Z-SCAU PUSUC
WAcn.rrms; WIIEU COMPLIANCE TO DISTIUCT ZONE llEQUIREUNTS MAY NOT SE
nASISU OR PRACTICAL, AN ALTIRNA11VE COMPLIANCE PLAN MAY aE
SUSMITl'ED.
AU IMdlcapell Off-STREET PAIUCING wrea lllfj111•t ti, • ., I r -..... Ille pl'lltlldet f.-
wWadar tnfflc by-'* cartaa or lSller tleYlcel aecepfMle • die City wllicll pnllillk wWadar ---~.,.tllleae-
... A--: 16-5-2' L (6). P1utiaa Criteria te ftN:
S.nlllwledlerplut .....W.widl ........... w,C ......... , .........• 111e,awitled
widlla tea feet (10') II ........ • ............. -
Vetere..111• n z «•z•a:
Ayes :
Nwys :
Molioll c:wrricd.
Mayor Burm IIOCed lhis is die equivwlcDS of die fins iading. becaa of e+etvliel NDl'l!drnenfs City
A21oney BnlSzma qreed .... apllirled is will ~ llldt so Couacil.
MAYOR aURNS MOVED, AND IT WAS SECONDED, TO APPROVE COUNcn. alLL NO. 13
AS AMENDED.
Ayes :
Nwys :
Council Members Nallllolz. Gama. Brwdllaw, Hwbeaiclll, w...-,. Clwpp. Barlll
Ncac
(c) RaollllioM ..a Maliaa
There were ao addiSioml l'Cllllllllioal or.._ lllllail1ed for appn,val. (See A,am ISCIII 10 • CW
Apda.)
12 . Gaenl INll:1 rrlr
(a) Mayor's Clloice
..
., •· •
0
, I
-
•
Eackwood City Couacil
May 4, 1998
Pqoe20
·,
•
• •
(i) Mayor Bums said he has noticed the pat ~ change at the El Tcpchuan
buildings on Broadway and he opined that is by far the best we have bad. Council agreed. Mayor Bwns
DOied that is really a spectacular change and he would like to see an awful lot more of that out there .
Council Member Nabbolz advised that Ibey painlcd Waper's Sunday.
Council Member Habenick asked if tbal is put of the EDDA ~ program. Council advised her that it
is.
(ii) Mayor Bums reminded -,YOIIC that next Monday night is their big pop-up
meeting on Cinderella City . He noted Ibey have appreciated Gary San' updales on that as Ibey have gone
along and that Ibey are lookiag forward to iL He said be w really hopillg Ibey will bave _...bing they
c:an gel their tedb in and -ahead OIi that project.
(b) Council Member's Choice
(i) Council Member Nabholz :
I . Shes&atcdshebassome lllli* you'stonighl FnolaU. * said. shewantcdlOtbai* Wayae
Oakley . She noced they bad a diffiaalt time gelling a coucll pic:lied up, it w aot a code cab C ~-
It was not a police issue and £bis bulinesl w really ._... a lianl time . Ms. Nabllolz aid * called Mr.
Oakley and it WIS not a prublem. he bad it pic:lied llp. SIie aid * -W lile IO ... I.al)' Media for a
quick follow-up on some code violal.-ad Mary Ryaa-Ozllani for --. die lalS c:leald 11p by •
depot and Jerrell Blaclt. Ms. Nabbolz llalclll £1111 Mr. Bia lia _... wi6 a. aie * -..._.
about a year ago and DeaYer Ccwil Melllllcr BiU H. I SIie ._, .. *....,.a llaer
from Mr. Himmel_ ad DGIOd tlley Md cried ID .. ._,_,-... *irllail --•-nil
down here on the Plauc. SIie rmd die Ietw: "Ow Aa. We -& F I,•• .... • 6c .-c:le
encloaed . Great Olidoors CokndD ...... M&.000 lir · fl* W.. .__. Oaldi ,._.
Thanks so much for your help widl die .....-icw." So,*,_....., ; a..c...,. • f19Y flll Is
cook them a year to .at back ad fDnll. lllll * -1'.I 1 1 Mr. llact.. SIie _. * __.. .. lillr •
thank Leigh Ann Hoffllincs b • ilwilalioa IO die Mein! Mlyor's ...... a wllldl. * --, .....
to say, three al our kids from Eapwood -.....__
2. She advised that she aaaldDd • DRCOG Ca ·...,. 1riei die .\lill. Ollc fl-.C ... _,.
are lookiag II right -is the lac* al .-y for Meals• Wllllls. SIie ._ • -,-Illy...._.
111...ouay~. Sbeaid*ata-..-..afflcer~ .. wblllllywilll-.Clmill'IIMwb
right OUl oldie ICllior QCaler. Ms. Nabbolz .... * -sally ..._. .... ~. lie ii. Wt~
and an the muon mM' hiln .
3. She noced she al9D receivCld • applicalioa b a ........... for a .-ior ill ow area. wllidl *
just m:civcd on the ... If Ibey need their hoUle pllillled ad tlley are lmlble or llave 110 flaily ---..
IC\ICBI al the employees from Fn Fedcnl Savinp will do £1111.
4 . She Slaled she will he lltendinc the Founh A-.! ............. COlllierellce II Aunria
campus on May I~-1£ is put on through DRCOG ad the Ca · · 11ua the Apta.
(ii) Council Member Gama:
I . He albd wllll is JOin& in where Bwpr King w . Ccwil Mclllher Nabbolz advilDII it will he
another Bwpr King. ID rapome to Mayor Burm. Cauncil Mallller Gama ad¥iled it -11 CJieaaateo
and SCJUlh Broadway and it is ,oae.
'
•
.. •· •
0
I
]-
•
•
Eapewood City CINIDCil
May 4, 1998
Pqe21
•
0
•
2. He asked if there is any word on the building where Melody Music used to be. downtown. He
said he wondered if there was any word on some leasing activity. City Manager SQrs advised they will
follow up OD that.
3. He stated he had a personal obscrvalion, that the lm'Cll they had a litdc over a week ago. for him.
WIS I disappointment Council Member Gamlt advised that be CIIIIC in wilh certain cxpcc:tllioas for what
be WIS thinking tbat forum was to be. which was ... here an: some brief goals from the different clqatlncms
and then the Council sort of saying well we may want to reallocate lhings coming into the next year's
budget, because ii is sort of I budget goals meeting. Again, Mr. 0anat llicl, Ibis is I penoaal
impreaion. .. but they pRICIIICd to-do lists and SlltUS lqlOltl. He lllled lhat wi-be lhinks of goals, be
lhinb, lhele are the tbrcc lhings I want to focus on next year or bow I WIDI to do things a litdc bit
diffcrady, 10 Council could bes that and they could make budget dcc:isioas lhat they think it is a
wortbwllilc goal or not. For example, be llicl, a lot of citu.ms are w:ry concemed with Belleview Park and
a lot of our part systems may be going down and maybe now tbal we have some exua funds that an:
coming bac:t from IOIIIC of your ralorllliOD ideas ... is that we think about ideas OD bow to get our parks
system bac:t up. But. be noted. they did not have lime to discuss those !iOrtS of things and that was what be
WIS expecting. He said 1h11 maybe his cxpcctalions were WTODg. which is fair. but when he thinks of
Council budget goals be WIS thinking they were going to have input into 1h11 process . So that, be llicl, was
his penoaal oblervation. is 1h11 if they were having a session like that be would like ii to be called wgivc
you a SlltUS from the dcplltmelllS." He noted tbat when be lhii*s about goals and what be is required to do
in bis job. is lhat be thinks about the two or three things he really wants to focus OD to improve ... that be
slill Im to do bis job C\lel'yday ... but what be wants to do ncllt year. Thal. be said. was bis imprcssioo of
tbc rmeat.
Mayor Bulm a,ccesad dill a die cad of-, of thmc pn:a:e111ioN they were die: goals r.-... year
ad *--in die fore of goals. So. be aid. be CXlllld aec why there would be some IOII of c:oafusioa
lbouldlll.
Council Medler Bradlbaw lllled lhat lhc aim ~ they would be fonnulaiag goals.
(iii) COUIICil Member Bl'ldlhaw llkod bow Good Neighbor Days wcat. She said lhc
would like .. updale ml Good Neigbbor Days.
Mayor 8111m said lie would lille to COIIIIIIClll OD lllal. He said be cbm 'I know wbcdler Gary Sean bas
UM:llipted die earorc e • of tllc Ind onliaKlc on Ille dlan,e • Uaioa, but lie did get aaodler call
from Mr . Daaia>. He ... lie talked to bim and be said tllcy-lotJtia& • ralOriag t11c ftlllds 11111 Ibey
removed from Good Neipbor Days ud lie dida 't ay dial tllcy Mllld _,., do it all, bul lie did
inquire a to bow the eaforcrmeat is beia& CIOllducted OD Well Uaian. Whcdla"dle Ydlicla lbll may be in
violation. initially, were being cited innedilldy, or jult ....a a nllile to inform tllcc of what the new
regulalion is.
City Mam,er Sean advilCd 1h11 be • lllled Chris OIIOa to SM llim .. updated leclcr IO 11111 they could
sc:nd 1h11 oft"to Mr. Damico. but be.._., recciwd 1h11 yes .
Mayor 8111m advilCd that lie told Ilic dlll llc a.lda't do ay quic:11 quid pro quo obviOlllly • Dl!dhiag
like this. But the impraaioa be pll from llim -dlll dlae -I flalll of Uget initially, r.-tbe
company , and Mayor Bwu tboupl ii .... bavc ... bi&. dlll laulted in die IClioa .... -111ica. And,
be noted. Mr. Dunic:o also com...aed m1 tbe rauiclioa of 7,000 poullds empty Mipl ... wl remilldad
billlldf that ii -empty wcipa ... and Ibey an: clelcrmiaiaa tllll Ibis is not tllll bi& of I problem for tllcc
after all. So, be a1111mmad. ii is not • oacrw llllricboa. So lie aid. lie dliaks dlll rmler ladl
prevailed ud Ibey have thoupt it all OYcr and said wdJ I pra it is not all 11111 bad after all. So. Mayor
• ......
• •
0
f
•
•
•
Eaglewood City Council
May 4, 1998
Pase 22
•
0 ,~
•
Bums said, Ibey an: axning around and he did call in n:sponse to his Idler and he thought Ibey were going
to wort dlis out.
Council Member Bradshaw asked bow the Good Neigbbor clays went. Neipborboocl and Envinlaaalt
Tedlaiciaa Lap adviaed Ibey bad 142 paniciplllll. -exlmDdy run loads, -dial came in tbe
back or can. She~ lhal 142 ICCIDl low, but ii is a gmaal first mamba' and tbe first wa:k is
tbe ligblal She said lbc -11ft it will pa up die IICXI IWO wa:ks, iftbe wcadicr holds, tbe C-iaim
will rally Fl busy. Ms . Langon aimmented lhll lbc bas IO say dill WW Manql-1-exlmDdy
cordial to tbe C-miuioo and DIOR than helpful and supplied a lot oftbe supplies and were lllOll belpful
and Ibey rally kepi dliDp moviDg. Wida die addilioa dill MIil dlrauilt lall year, Ibey bad DIOR bays and
lhinp MIil wry IIIIIOOlbly . She noted Ibey were a lilde bit bacbd up two limes, about l l :30 and about
I :30, wbea ii -Fllin& c:loae to tbe cad. Bui cm die nole ii MIil extremely well and she anticipires M
will llill come: c:loae to die 600.
(iv) Council Member Wagoner:
I . He said 1h11 in the Englewood newspaper he rad die article oo parts and he was kind or surprised
to see that die Ronwt's Park Iheme was bugs. Council Member Bradshaw a>mmenled lhat she lhought it
was mushrooms . No, Council Member Waggoner said, ii -·1 eilbcr one, it was nature Iheme. He
stated 1h11 put or it had 10 do with bugs. put or it bad to do wilh makes. pan or it bad to do with
mushrooms, pu1ori1 bad todo wilh seed pods. put olil bad todo wilh lllltJes ... bul ii wasn't bugs. ii was a
nature Iheme. And. he advised. there was not a developer involved in tbe Hosanna Part or Hosama
a,mplex at all 11 was between the schools and the City and a lot or aegotialions went oo . He noted we
may have bad a developer build it by bid, but ii was not a developer dill bad to pm lhat in. Not the pa,t
a,mplex ... il -the City in negotialioa wilh die schools. and long neplCillioo. to Fl it approwd. And
wilh Urllaa Diai8F and Flood Conlrol, Council Member Bradlbaw said . Council Member Waggoner
agreed. He said dial aD dial tbll -to do was to talic Ille peak alf lhc bydropllpb 10 dial tbe -11ow
could ID oo down tbe clildl and the CM:l1Jow would go inlo a-Part Ulllil we could drain it away .
Ms . Bradlbaw said dill -right
2. He opiDed dill Ibey do need to take a led al our R-1-A ZOIIUII and decide what is going to
lappen wilh poup 1-and some of Ibis oilier lluft". Council Member Wagoner Slaled we do need to
Fl • -fJOm our Anomey General. a rapome 1h11 says why Ibey allowed a poup home to ID so
dole to molhcr puup home. Mlell Ibey have die cldiaitiae ill die SI* Slllutes dial says ii bas to be 10
much clillallCC apan from another home .
3. He said since M an: gearing up OIi axle~ 1h11 dlcy noticed a home die oilier day al die
soudlwell comer ol Painsylvania and Floyd. He Med ii loab jull lillc lhcy jull walk out die back door
and lbruw lbeir trash bags right out OIi the yard. Theft is all kiads ol llufl' piled up there .
(v) Council Member Habenic:111 :
I . She asked if Ibey should have IOllldhin& • ltnllll • a molioa for Council Member Waggoner's
sugation lhat we get a raponse from the Altonley Gaiaal. Slic adviaed sbe ~ like to -dill • not
jull one Council member's choice. but a run Council requcsl and sbe ~ so move .
City Atlomey Brotzman adviaed Ibey will actually be alkiaa tllal ollbeir legislalor, bocaUlc • tbe Aa-y
General's olrJCC informed III ia. time ... lhey do IIOI wort lor 111, lhey work for tbe lepslaton and lhcy
woo 'I rapond to 111.
•
"' -
•.
I· •
e
f
-
•
•
•
~&lewood City Council
May,, 1998
... 23
•
0 ,,. -
City Attomey Broczman adviled !hat Tom Blic:kcmderfer aaually said ... time !hat he would 11y and get
us an -oo this.
Council Member Habeaic:lll stated sbe would like to IUggesl dlll we pursue this as a Council . Through all
of our aqwc:aemm.a, Council Member Nabholz aid. Mayor Burns said lbat he lhoughl that was c::ertainly
Council's c:onseDP!S, to do !hat 111d dlll was the answer we got the last time.
So, Council Member Habenic:bt said, we don't need a motion, we just have a SIJOllg a>nsensus .
2. She advilecl !hat the Cullllnl Ans Commission is meeling tomonuw nighl. dlll Ibey U5Ually meet
on Wednesday nigbts. Sbe staled Ibey arc having a special pn:smtalion by Alice Lee Main, who WU the
perD1 who came to the Pa.ts and Rccrealion Commiaioa aml lalked a lialc bit about Cultural Alts aml
bow it worts within a aJIIIIIIUility . Council Member Habeaic:lll explained that it was through her
presemalion dlll the Pa.ts and Rccrmioa Commiaian fflCOIIIIIIClld a Cultural Alts Commission in the
City or Englewood. So it should be a run meeting 111d sbe said sbe was looking fonwnt to it.
3. She stated that she waded to take this opportunity to congralUlale Lauri Clapp for getting on the
ballot for Stale representative . She noted dial is not an easy thing to do.
,. She said sbe wanlCd to say how much it wanned her heart to aacnd the MMCY A Metro Banquet.
She noted sbe was aware Mayor Bums had wanted to aacnd. Ms . Habenicht DOied it was heanwanning
and wonderful and exciting to sec the three n:marbblc young people that wen: then: rcprescoting Arapahoe
County, who wen: from Englewood schools and Englewood nominal.ions . She said she would like to ask
Council to suppon her a lialc bit, just IO say she is on the right track ... but she would like IO find out, maybe
from Art Scibelli , one or two businesses in the a,mmunity dial might be willing to provide some sort of
small lCbolanbip award to tbes young people. Ms. Habeaic:lll DOied that tbes an: probably the people
who IDOll need -kind ol ICholanbip or financial aaillanclC and usually they an: not the type of kids
dial get into the loop. Sbe said she would like to punue !hat a lialc bit
Council Member Bnidsbaw asked if Council Member Habcnici. _. a scholarship for c:ollege . Ms .
Habeaic:lll said ya. Ms. 8ladlbaw poinled OUl dlll tben: 1R billions ol dollan lhat 1R DOI dlimed and
dial is available on the lntemd 111d if we could facilitaac dial ... maybe Hank Long could facilitale dlll for
them or IOllldhing like dial. But, sbe DOied, then: IR -,.. may, may scholanbi.-dial go unclaimed
Ms. Habcnici. agreed dlll maybe we can do dial.
Whal happens. Council Member Habenicht said, is dial 10 may times tbes kids just don't U\'C the
opportunity or the suppoat or the mentonbip to go in and get dae tbinp. Anyway, she ll*ll. Ille tbiam
Ibey deserve -extra special aamtion.
Council Member Nabholz stated dlll Ille suppons dlll idea. dlll maybe we need to inform our 1J1lx111m111·:1CU1:s
tbrough the media or ...etbi• cllc, dal we 1-'C tbeac kids ad if they an: willilla ID suppoat them. SIie
agreed that, for illOII ol them, the ooly xass they would 1-'C to the liilCnlcl is hen: • our on Public
Library .
Council Member Habenicht commented thal their Ilaria -.-.bblc.
Mayor Bums stated he would join in with dial. As il turns OUl. be aid, be was out ol town, but be was at
the two previous meetinp. the one the County Commiaic-rn had, too. and this really is a 1IIOlldcrtul
pn,pmn. He stated the kids and the ..... they lalllal witll i.1-really illlpiring IIDricl and be n:ally,
fully IUppOl1Cd Council Member Hlbeaicbt in dlll n:pnl.
5. Council Member Habenidll aid il lal -to Im --dlll lllcft is lllis ~ au1k
projecl dial 1111 been paina a lot ol lllaldoa in die illCUO ... It lal allo came ID lier IIIClllillll tllll one ol
,-
• .
..
•· •
0
'
•
..,.
• •
IJJIZI[[ II p !l!''flifl1E• 11 ![ Ill l~!li if {!i ,,,, ... ,,!Iii 11~1!1ril~r r i I JI 'J' 1e1~ I• ij
l1,1ft~1 111'1 ( 1,!~~},tJ1!11 I , 1 I~,! ~~al ,~1 i f ,~,· t . . . • 1 rl1i• t! .g f i . B·f I i=-;1 . . l
1i 1 1'1!J1 'Ii I ti;ilJJ!l~!I f E 111, iii& lj
~r1~~frJ ~9 ·~1Jll11:1•1 1 fei 1 ~1 ~~;9 11
•
II .J,,,11 if 1-l• rl rJa.ri · ~ • f 1-lsr; ~1~1 l
I I I • rfn r ,,t . J ff rf i1 ~~ t
Ji~fJif: I[ •1'11~Jl·1rJJJ[( ! if I !! I,!! II 1f'Jf'tJ ~r . ~l• 1frl I •~ ij>~t •
1,111,·! .. '11 iil'1i'1lil I ! I i! 11;1 ii .,!1'1 "J"I ·~ rtl i1 fa.]] J I I I.I jiiJ · I 'l, l~~I: ![ 11111~11J!lal ·1 '1· I' iii! ; 11lll! 'I J Ha: .. ~i! ) · ~ ~ • "Iii l • 1r,1 1l i• ,,~:1111,i,:. i ~· !=5~ i r .~ : . r. 11 I ii ~ i I • • ii • s c:, •
•
0 •
.......
I .
' ~
'
..
•
.
..
I
]-
l:a&le•wl City C.lldl
May4, 1'91
... 25
•
• ,~
•
Allo, Mayor Bums Slid, be dlOllpl it~ be pod to 11m: -optioM ID be ....-ct ID C.-il. He
1111011 t1111t it -a nlic iacidml m -.._.. it-'t ill-City. it -wry c1o1e. 'l1lia lmWlC. be
DOted, obvioully ICIVicel E ... wood oa alW a claily lmia • it ii wry illlponlat ID_. ·1y .
City Malllpr S-S iadicaed dley ca pall dlllt .....-.
14. City AallneJ'• ....
(a) City Allanlcy 8-fflllllClllld .an I alllllarily for lbc Gain C111e, wbidl ~
aail ,eaiDg a licelm, * caalll lact ID c:o..dl widl a Oldilaee far a piece a pn,perty dlllt ii about
'-foot 1qUUC for a p(III ilr lbc Oelia'I ......
BUI, Mayor Bums aid. dlere will be --• t • -die ripl-d'..oqy by lbc 11111C11R. City Attorney
8-aid dlllt -aJffllCl. Mayor a... I 1 dill dlil cw dllOup die Wr11« m Sew
BOlnl oripally w1 be tbaupl it -w+• dill 111ere 11e -sea1cmcn1 on dlis maaer • dlis -1-. pod compnimia.
Caucil Member w...,... Mbd ifdlae wil be•--. oullide atbc p(IIIS. City Attorney
en.-aid no ..a cxplaiDed dlllt lbc p(III ii oa die wry edp IO dial will take care a evaytbiDg oo ...
COUNCB. MDmER allADSIIAW MOYD, AND rr WAS SECONDED, TO ACCEPT TIii:
Srnt.DUNT ON TIii: GUIN CASIE.
Molioa carried.
Ayes: c:-:il Membcn Nallbolz, Gama, Bradlbaw, Habcnic:llt.
w..,..., Clapp, Burns
Nays: .._
15. MJN,__ :7:::;;: ~--·~"~
~
;~
• . .
•
..
• •
0
I
•
• •
Mr. Stan Lange
Chairman
<.
Englewood Clean, Green and Proud Commission
City of Englewood
3400 South Elati Street
Englewood, CO 80110
Dear Mr. Lange:
May6, 1997
It is with regret that I hereby tender my resignation as a member of the Englewood Clean, Green
and Proud Commission . As you know, I have been absent from the last few Commission
meetings as a result of work related meetings scheduled beyond my control and in conflict with
the Commission meetings . It is unlikely that this conflict of scheduling will change in the near
future and I expect further changes with regard to my employment that would impact my ability
to participate in Commission activities and meetings. Tbcr~orc, I respectfully request you accept
my resignation from the Commission .
I have enjoyed the opportunity to be of service to the Commission and the City of Englewood and
wish you and the members of the Commission well in your efforts to enhance the City of
Englewood .
~
Tim Stoner
Public Sector Reprcsenwive
Colorado .....
c : Trisha Langdon
MAY O 7 1998
Colorado Landfill · 8480 To,o,er Rd .· Cornnlc= City . Colorado IIOO~
~ 303 -371-5 115 · Fu 303 .371 .5150
"'"''"' bfi com
. ,
• •
0
, I
]-
-
•
• " • '
..
PROCLAMATION
WHEREAS, George and Perkie Allen have been Englewood residents
for over fifty years and are very important members of the community of
Englewood; and
"'~
WHEREAS, George and Perkie have been active citizens since the 1940s by becoming
involved in local politics and volunteering time and energy to community organizations; and
WHEREAS, George served the City of Englewood as Mayor and Council Member
during the construction of Cinderella City; and
WHEREAS, George was a founding member of the Englewood Downtown
Development Authority and the Greater Englewood Chamber of Commerce, serving as its
first president; and
WHEREAS, Perkie has provided service to the community by volunteering in the
Englewood sch~ls; and
WHEREAS , Perkie served on the Englewood Parks and Recreation Commission for
twenty five years and helped raise funds for the Malley Senior Recreation Center; and
WHEREAS, George and Perkie continue to devote time and effort to the community
and to many other local organizations;
WHEREAS, George and Pcrkie care deeply about Englewood and have worked
diiigently to help make our community a better place to live and work;
NOW. THEREFORE, we, the City Council of the City of Englewood, Colorado,
hereby take great pride in proclaiming
George and Pcrldc Allen as
Englewood's Citizens of the Year for 1998
ADOPTED AND APPROVED this 18th day of May, 1998.
Thomas J. Bums, Mayor Beverly J. Bradshaw, Council Member
Alexandra Habenicht, Mayor Pro Tern Lauri Clapp. Council Member
Douglas Garrett, Council Member
Ann Nabholz, Council Member
Kells Waggoner, Council Member
' ' • I
• '
lb
..
• •
0
-
-
Date
May 18, 1998
Initiated By
•
• •
COUNCIL COMMUNICATION
Agenda Item
10 a i
Staff Sources
Subject Intergovernmental
Agreement -Clayton Athletic
Field
Jerrell Black, Director
Department of Parks and Recreation Gary Hultberg, Recreation Manager .._ ____________________ _
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Intergovernmental cooperation
RECOMMENDED ACTION
Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental
Agreement between the City of Englewood and the Englewood School District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Parks and Recreation staff has been working with the Englewood School District, the Englewood
Soccer Association, the Englewood Youth Sport Association, and Clayton PTO in an effort to develop a
multi-use athletic field at Clayton Elementary School. This Agreement will provide the foHowing:
• Outline the City and School District responsibilities regarding the ongoing maintenance of the two
(2) acre site.
• Provide for a twenty-five (25) year operations agreement that will allow the City to pursue Great
Outdoors Colorado (GOCO) grant funding .
• Allow for the City to schedule the fields for City based youth sport programs after school hours.
FINANCIAL IMPACT
The Council has approved $25,000 in the Conservation Trust Fund towards construction. The City's
annual maintenance cost for the new field area is estimated at $3,000. Total project cost is $80,000 -
$90,000 . A community fund-raising effort is currently in progress.
UST OF ATTACHMENTS
Proposed Bill for an Ordinance
Intergovernmental Agreement
~---...... •
•,
..
• •
0
•
•
,... •
I, Loucriahia A. Ellia. City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read
in full , and puaed on 6nt reading on the 18th day of May, 1998.
Loucriabia A. Ellia
-2-
~-... .
•
....
...
• •
0
-•
• , .
•
COUNCIL COMMUNICATION
Date Agenda Item Subfect Intergovernmental
Agreement -Clayton Athletic
May 18, 1998 10 a i Field
Initiated By Staff Sources
Jerrell Black, Director
Department of Parks and Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Intergovernmental cooperation
RECOMMENDED ACTION
Gary Hultberg, Recreation Manager
Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental
Agreement between the City of Englewood and the Englewood School District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Parks and Recreation staff has been working with the Englewood School District, the Englewood
Soccer Association, the Englewood Youth Sport Association, and Clayton PTO in an effort to develop a
multi-use athletic field at Clayton Elementary School . This Agreement will provide the following:
• Outline the City and School District responsibilities regarding the ongoing maintenance of the two
(2) acre site.
• Provide for a twenty-five (25) year operations agreement that will allow the City to pursue Great
Outdoors Colorado (GOCO) grant funding.
• Allow for the City to schedule the fields for City based youth sport programs after school hours .
FINANCIAL IMPACT
The Council has approved $25,000 in the Conservation Trust Fund towards construction . The City's
annual maintenance cost for the new field area is estimated at $3,000 . Total project cost is $80,000 -
$90,000 . A community fund-raising effort is currently in progress .
UST OF ATTACHMENTS
Proposed Bill for an Ordinance
Intergovernmental Agreement
" -
'
,
•
•· •
,
]-
-
ORDINANCE NO ._
SERIES OF 1998
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 25
::icE~J,v
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD
PUBLIC SCHOOLS PERTAINING TO THE DEVELOPMENT OF ATHLETIC
FIELDS LOCATED AT CLAYTON SCHOOL.
WHEREAS, the City of Englewood and the Englewood School District conaider it
to be in their mutual interest to cooperate in the development of athletic fielda at
Clayton School; and
WHEREAS. the City and the Enclewood School 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:
5cs;tion 1. The intergovernmental qreement between Enclewood Public Schools
and the City of Englewood, Colorado pertainiq to the development of athletic fielda
located at Clayton School, attached aa "Exhibit A", ia hereby accepted and approved by
the Englewood City Council.
5cs;t,jgp 2. The Mayor is authori7.ed to execute and the City Clerk to attest and seal
the Agreement for and on behalf of the City of Enclewood, Colorado.
Introduced, read in full, and paaaed on fint readin& on the 18th day of May, 1998.
Published as a Bill for an Ordinance on the 22nd day of May , 1998.
Thomu J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis. City Clerk
-1-
-~.11 ....
• I
..
• •
0
f .... ,.. I
]-
•
•
•
·, •
•
I , Loucriahia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read
in full. and paased on first reading on the 18th day of May, 1998.
Loucriahia A Ellis
-2-
' '
..
•
. ,
•
0
'32xl
•
• •
..
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
THE ENGLEWOOD SCHOOL DISTRICT
This agreement, entered into this __ day of 1998, by and between the City
of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood
School District.
WHEREAS, the City and the Englewood School District consider it to be in their mutual
interest to cooperate in the development of athletic fields at Clayton School; and
WHEREAS, the City and the Englewood School District desire to set forth their respective
obligations; and
WHEREAS, the City and the Englewood School District desire to set forth their respective
duties .
SECTION ONE
PURPOSE
The purpose of this agreement is to establish a relationship between the City of Englewood
and the Englewood School District such that the parties may cooperate in the development
of athletic fields at Clayton School.
SECTION TWO
CITY'S OBLIGATIONS
The City shall have the following obligations with respect to the Englewood School District
and the athletic fields at Clayton School :
1. The City shall be responsible for labor costs asaociated with all turf maintenance
including irrigation costs.
2 . The City shall be responsible for labor costs aaaociated with backstop
maintenance .
3 . The City shall be responsible for costs aaaociated with soccer coals and field
lining.
4 . The City shall be responsible for miacellaneoua maintenance includinc, but not
limited to, trash pick up and removal .
5 . The City shall be responsible for athletic field acheduling after echool hours and
when echool is not in session. Scheduling preference will be pven to Clayton and
Sinclair School students.
6 . The City of Englewood, Colorado shall pay S 1.()() annually to the Enclewood
Public Schools for the use of this property . •· •
0
,
•
0 I •
•
SECTION THREE
ENGLEWOOD SCHOOL DISTRICT OBLIGATIONS
The Englewood School District shall have the following obligations with respect to the City of
Englewood and the athletic fields at Clayton School.
1. The Englewood School District shall be responsible for utility and water costs.
2. The Englewood School District shall be responsible for the cost of materials
associated with irrigation repair.
3. The Englewood School District shall be responsible for the cost of materials
associated with backstop repair .
SECTION FOUR
MISCELLANEOUS
1. The term ofthis Agreement shall begin 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 subject to annual appropriations by both
parties .
2 . The terms and conditions of this Agreement shall be binding upon the parties
unless modified by a written amendment or written supplement executed by the
parties hereto.
3 . This Agreement shall inure to the benefit of and be binding upon the parties,
their successors, and assigns .
4 . This Agreement is intended as the complete intecration of all understandings
between the parties. No prior or contemporaneous addition, delebon, or other
amendment hereto shall have any force or effect whatsoever, unlesa embodied
herein by writing. No subsequent notation. renewal. addition, deletion, or other
amendment hereto shall have any force or effect unle88 embodied in a written
amendment or written supplement eiiecuted by the part1es.
5 . To the extent that this Agreement may be executed and performance of the
obligations of the parties may be accomplished within the intent of the
Agreement, the terms of this Agreement are aeverable . and should any term or
provision hereof be declared invalid or become inoperative for any reaeon , such
invalidity or failure shall not affect the validity of any other term or proviaion
hereof. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term , or the same term upon subsequent breach.
6 . It is expressly understood and acreed that enforcement of the terms and
conditions of tlus Agreement, and all n1hta of acbon relatins to 1uch
enforcement, shall be strictly reserved to the City and the Enslewood School
D1stnct, and nothin( contained in thi1 Agreement ,hall pve or allow any 1uch
claim or n1ht of acuon by any other or tlurd pereon on 1uch Apeement. It ia the
express intention of the City and the Enslewood School Ihatnct that any pereon
other than the Cicy or the Enslewood School Ihatnct recetYU\I 1ervicu or benefita
under tha Agreement 1hall be deemed to be an incidental benefi.aary only.
2
•.
• •
,
]-
•
0
•
(.
7 . 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 period, 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
neceBBary or that are required by its procedures, bylaws, or applicable law, to
legally authorize the undersigned signatory to execute this Agreement on behalf
of the party and to bind the party to its terms.
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 prohibit
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 not effect.
12 . Any notice to be given hereunder shall be deemed given when sent by registered
or certified mail to the addrelllles below .
Englewood School Diatrict
4101 South Bannock Street
Englewood , Colorado 80110
CityManapr
City of Ens}ewood
3400 South Elati Street
Enclewood, Colorado 80110
13 . Nothinc herein shall be con.atrued aa creatinc any peraonal liability on the part
of any officer or apnt of any public body which may be party hereto.
14 . The City and the Enclewood School Diatrict aa well aa the employees and apnta
of each e nbty s hall be conaidered for all purpoae1 of the Acreement, to be
indepe nde nt contractors and not employees of the other entity.
15 . The Acreeme nt shall be carried out in accordance with the laws of the State of
Colorado and all applicable federal laws and reculationa, and all local law,,
ordinances and reculations.
•.
..
..
• •
0
,
-•
·, •
<.
•
IN Wl'nmiS WBDBOP, tbe partia --haft aacaW tma Acr-t tbe day 111d
JUI' tint wriu. .....
ATTBST:
ATTBST:
4
Cl'lT OP BNGLBWOOD
BN'GLSWOOD SCHOOL
DIST&ICT
»i14-?
..
• •
0
'32xl
•
0
•
COUNCIL COMMUNICATION
Date Agenda Item Subject U.S. Economic
Development Administration:
State and Urban Planning
May 18, 1998 10 a ii Grant Acceptance
Initiated By
Neighborhood and Business Development
I Staff Source
S. Darren Hollingsworth, Business Analyst
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Economic Development: Initiate retail / industrial revitalization and growth strategies.
Economic Development: Create a Five-Year Comprehensive Economic Development Strategy .
Create City Hall / Community Dialogue Opportunities: Strengthen and continue building trust
between City government and the business community .
RECOMMENDED ACTION
Staff recommends that City Council approve the attached Bill for Ordinance accepting $60,000 from
the U .S. Economic Development Administration (EDA). Although, the City has not received a formal
Grant Agreement from the funding agency, staff is anticipating the notice of award from the EDA on or
about June 1, 1998. The EDA requires a 15 day tum around on the acceptance of funding. Staff is
initiating the Ordinance process to expedite the acceptance of federal funding.
Federal funds will be used to assist in economic development planning and implementation efforts
focused on South Broadway, Hampden and other commercial corridors. Funding from the EDA will
provide the following assistance for the City :
1 . Five-Year Comprehensive Economic Development Strategy
2. Economic Development I Market Analysis : South Broadway commercial corridor and South Santa
Fe industrial corridor.
3 . Commercial Corridor Revitalization Assistance
4 . Project Synopsis to serve as a case study for municipalities faced with similar urban economic
distress conditions .
BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED
On February 25, 1998, staff applied to the Economic Development Administration for funding under the
State and Urban Planning Assistance Program . Grants under this program are designed to assist
cities undertake significant new economic development planning, policy, and implementation efforts .
The EDA showed a strong interest in the initial application and requested a formal application from the
City. Staff provided the attached application for funding on April 16, 1998 and is anticipating a Notice
of Award in early June , 1998.
......
•.
I· •
0
,
]-
-
•
• •
FINANCIAL IMPACT
The U.S. Economic Development Administration requires that the City provide matching funds to meet
grant requirements. The application documentation pledges $25,000 in matching funds to cover this
obligation . This is derived from existing funds appropriated to Neighborhood and Business
Development. The grant proposal will be carried out by existing staff and outside contractors which will
meet the technical obligations for this project.
Funding from the Economic Development Administration is derived to strengthen capacity of the
applicant by providing financial assistance which is intended to build institutional capacity. Financial
assistance from the EDA will strengthen the City's planning capacity and provide revitalization
assistance.
UST OF ATTACHMENTS
Proposed Bill for Ordinance
Grant Application
. '
• •
0
I " I
-
•
ORDINANCE NO ._
SERIES OF 1998
•
0
•
BY AUTHORITY
A BILL FOR
I•
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE ACCEPTING A GRANT FROM THE UNITED STATES
ECONOMIC DEVELOPMENT ADMINISTRATION TO THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS, the City of Englewood, Colorado applied to the Economic
Development Administration for funding under the State and Urban Planning
Assistance Program in April, 1998 and anticipates a Notice of Award in early June ,
1998; and
WHEREAS. the U.S . Economic Development Administration requires that the
City provide matching funds to meet grant requirements; and
WHEREAS, by approving the Grant application, the City agrees to pledge the
$25,000 in matching funds to cover the City's obligation should the Grant be
awarded; and
WHEREAS, funding from the Economic Development Administration is derived to
strengthen capacity of the applicant by providing financial assistance which is
intended to build institutional capacity; and
WHEREAS. the financial assistance ofthis Grant from the E.DA. will strengthen
the City·s planning capacity and provide revitalization aaaistance ; and
WHEREAS , the Grants under this program are designed to aaaist cities
undertaking significant new economic development planning, policy and
unplementation efforts ; and
WHEREAS. the City is anticipating the award of a $60,000 grant from the .S .
Economic Development Administration which will be uaed to assist in economic
development planning and implementation efforts focWled on South Broadway .
Hampden and other commercial corridors;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon J. The Grant from the United States Economic Development
Administration for $60,000. a copy of the application is marked as Exhibit A and
attached hereto, is hereby approved by Englewood City Council.
Introduced , read in full , and paaeed on firat readinc on the 18 .. day of May 1998 .
-1-
..
• •
0
, I
-•
•
·~ •
<'
Published as a Bill for an Ordinance on the 22nd day of May, 1998.
Thomas J . Burns, Mayor
ATTEST:
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 a Bill for an Ordinance, introduced , read
i n full . and passed on first reading on the 18Q day of May, 1998.
Loucriahia A. Ellis
-2-
',
• .
..
• •
0
I
-
•
• "~
0 I~ -
•
PROJECT TITLE: State and Urban Planning Grant: Englewood Comprehensive Economic
Development Planning, Marie.ct Analysis, and Commercial Corridor Revitalization
Assistance.
SUBMl'M'ED:
APPLICANT:
February 25, 1998 (Revised Submittal: April 16, 1998)
City of Englewood
STAFF CONTACTS: Art Scibclli, Business Community Coordinator
S. Darren Hollingsworth, Business Analyst
Neighborhood and Business Development
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
CITY REPRESENTATIVE: Robert Simpson, Director
Neighborhood and Business Development
City of Englewood
3400 South Elati Street
Englewood, Colorado 80111
Voice: (303) 762-2318
Voice: (303) 762-2599
FAX: (303) 762-2659
Voice: (303) 762-2346
FAX: (303) 762-2659
SUMMARY STATEMENT: The goal of the City is to derive a Five-Year Comprehensive Economic
Development Stntcgy and an Economic Development Planning/ Market Analysis for Englewood's
major commercial and industrial corridors -South Broadway and South Santa Fe. This project also
focuses on the market situation in Englewood by influencing economic growth through prudent design
standards and appropriate market strategies. This process is to be an ongoing planning effort which will
support the community's changing and diverse business climate. Implementation of both design and
mark.ct clements of this project strengthens the City's ability to produce a favorable economic
environment.
The ultimate goal of the City is to produce an economic situation with reduced unemployment, increased
per capita incomes, and address the concerns of economically distressed areas in the community. This
project focuses on a variety of interrelated clements which will have a significant impact on the
Englewood economy. Specifically, the analysis of the market situation in Englewood and the related
influence on economic growth through prudent design standards for South Broadway. Implementation of
these clements is crucial in strengthening the City's ability to produce a favorable economic climate .
Funding from EDA will provide the following assistance to the City of Englewood:
1) Five-Year Comprehensive Economic Development Strategy
2) Economic Development / Market Analysis: South Broadway commercial corridor and South Santa Fe
industrial corridor
3) Commercial Corridor Revitalization Assistance
4) Project Synopsis to serve as a case study for municipalities faced with similar urban economic
distress conditions .
• .....
...
I • I
T
A
• .
•· •
,
2
]-
•
• t•
• . ,
,,
Perfonuace Meuuns ud Sacceu Iadicaton
PerfofflWICC measures and success indicaton will be monitored throughout the entire
project . The entire planning process will be outlined and documented u well u the
challenges faced. ICcy &cton that are addressed and implemented in the planning process
will be identified. This outline and program documentation may be used by other
municipalities &cing similar conditions of urban distress .
This project involves the preparation of the following deliverables : 1) five-year
comprebemive economic development stntea>' 2) economic development planning /
market analysis, and 3) landlcaping plans and desisn guidelines . Performance measures
and success indic:aton for this project are evidenced by the project maintaining consistency
with community goals, needs, and the timely achievement of program goals and objectives
u descn"bed herein .
-----
"' -
.
• •
0
f --, I
]-
•
•
•, •
Economic Distress or tile Area
Englewood has under perfonned the overall Denver metropolitan area with regard to
income, population growth, unemployment. A lack of redevelopment / development
activity in Englewood, within the context of a strong regional real estate market, provides
evidence of the need for financial usistance to strengthen the local economy . The current
economic situation creates a drag on the City's tax base and negatively impacts the overall
community by stifling per capita income, population growth, and the overall image of the
community .
COMPARISON OF KEY ECONOMIC INDICATORS
Employment Indicator
Unemployment
Per Capita Income
Population Below Poverty Level
Population Growth
DenverPMSA
5 .3%
$16,538
9 .7"/o
2 .2%
SOURCE : 1 -U.S. Bureau of Census, Census Data 1990
City of EniJewood
S.CJ-/e
$13,S 14
10 .ge;.
1.6%
2 -Denver Regional Council of Governments, annual average 1990 -l 995
Economic Development Need for the Project
Deteriorating economic conditions negatively impact property values and lad to a
declining tax base and loss of retail sales tax receipts . While retail sales growth in metro
Denver is positive, Englewood's corporate retail tax districts have experienced a negative
growth in retail sales. The result of chronic economic conditions crate a situation where
development/ redevelopment of the City's commercial areas are experiencing stagnant or
negative growth .
This project will identify Englewood's current role in the regional economy and create a
strong environment for business prosperity . The ultimate objective of this project is to
foster a stronger and more diverse business climate, improve local economic conditions,
and provide a mechanism for coordinating and guidina the City's business development
function .
. ,
•
..
• •
I I
•
•
. .
Statemeat or bow Project Streast)aem Orpaizatioaal Capability
Fwxling under this srant will allow for the development of the City's planning capability
by building capacity. Contracton will carry out the various technical aspects of this
project and provide expertise in areas external from existing City staff. This requires
tecbnical assistance and skill sets which differ from that of existing City staff.
Procurement of technically oriented contnctual assistance will develop staff capacity and
allow the City carry out this project.
Funhermore, the five-year comprehensive economic development strategy will effectively
chan a c:oune of action for the City to foUow and identify specific milestones toward
suc:ceufid implementation. The strategy will lay out specific community goals and
objectives related to the streft8thenin8 of the business climate in Englewood. In broad
term1, the strategy will examine the foUowing factors impacting the community :
Problems, Needs, Area Resources, Community Strengths, Community Weaknesses, and
Community Opportunities .
Implementation of this project will result in the foUowing :
• Promote an on-going strategic economic development planning process which builds
institutional capacity .
• Enhance economic development planning capability via the economic planning analysis
of the South Broadway conidor.
• Result in the formulation and implementation of a business development prosrun that
defines prosram aoals. such u enhanced capital investment, busineu expllllion, new
job creation, job retention and results in a specific development propm to accomplisb
said objectives .
• Implementable and realistic commercial corridor revitalimion sttatepa for job
retention and job creation are the desired outcomes of this project .
,, -
' '
..
• •
0
,
•
0
•
. .
Scope of Work/ Methodology
The funding for this project will support an economic development planning process
which will focus on four primary areas . They are u follows :
1. Economic Development Plannin1 / Market Analysis: A) South Broadway
commercial corridor B) South Santa Fe iadustrial corridor.
• South Broadway commercial corridor. This analysis will focus on
Englewood's central commercial district -South Broadway. Inventory and
identify existing commercial uses along the corridor. Review sustainable and
expandable retail, service, and office uses . Identify specific opportunities for
new and existing businesses along the corridor.
• South Santa Fe industrial corridor. This analysis will focus on Englewood's
central manufacturing and light industrial district -South Santa Fe . Review
existing industrial and manufacturing business uses along the corridor.
Inventory and identify industries in operation along the corridor and explore
opportunities for new and existing businesses along the corridor .
2. Commercial Corridor Revitalization Assistance
This effort will have a design focus . Design professionals will usist staff in developing
design guidelines for corridor revitalization . Guidelines and architectural design
standards will be developed to address the following areas:
• Commercial buildings
• Facade improvements
• Commercial signage
• Streetscape improvements; i.e . sidewalk, lighting, bulb outs, parlcina. benches
• Landscaping
• Entry port at both ends of South Broadway
The design process is focused on revitalization of the South Broadway business
corridor . South Broadway merchant meetings are held monthly to involve the
Englewood business community .
J . Prepanlion of a Five-Year Stntesic Comprehensive Economic DeYelopaeat
Plan
The plan will focus on all sectors of the local economy : manufacturing, retail and
service . It will provide strategies to address programs of improvement in the
following areas :
• Downtown Development
• Commercial Corridor Market Analysis -South Broadway
,,, -
•.
..
•· •
0
, "' I
•
• •
<,
• Business Retention
• Business Expansion
• Business Attraction
• Redevelopment ofBlighted Commercial Areas
• Expanded Housing Opportunities
• Enhanced Conununity Leadership
• Workforce Training
• School-to-Career Opportunities
• Economic Development Catalysts and Incentives
• Financial Resources Available to the Business Conununity
The following methodology will be used to develop the comprehensive economic
development strategy for the City :
• Conduct community interviews of area businesses to seek a consensus vision for the
City . Input will be derived from community focus groups, staff and elected official
interviews, and input from the business community .
• Review existing economic development plans in the region to identify the impact on
the Englewood business community and the City 's ability to achieve its vision .
,-
• Identify Englewood's niche in the matrix oflocal municipalities and profile industries
and businesses located in the community . Determine the appropriate positioning of
Englewood in the Denver metropolitan business environment.
• Identify Englewood's competitive advantages as it relates to other neighboring
communities . Determine the relative advantages in various factors including : skill
availability, personnel resources, training resources, concentration of suppliers and/or
customers, real estate opponunities, and examine the impact of the existing / proposed
transportation infrastructure .
• Analyze regional business trends and look for growth industries and related
opportunities for Englewood prospects .
• Outline community marketing and business recruitment and/or retention efforts
4. Project Doc•aatatio• ud O.diae
The entire planning process will be outlined and documented u well as the challenges
faced . Key factors that were addressed and implemented in the planning process will be
identified . This outline and program documentation may be used by other municipalities
facing similar conditions of urban distress .
.,
• •
0
,
-
•
•
• t• -'
Commercial Corridor Redevelopment -Soutb Broadway
Implementation of the strategy involves planning initiatives which examine the
redevelopment ofEnglewood's commercial corridor-South Broadway. Presently, South
Broadway is comprised of four distinct districts, each having a unique business
environment . Commercial corridor planning activities include addressing the proximity,
variety, condition, and market mix of commercial businesses along South Broadway. The
districts can be generalized u shown below:
1. The Gateway District (Yale to Eastman)
2 . EDDA District (Eastman to U.S. 285)
3. The Midway District (U.S. 285 to Chenango)
4 . The Motorway District (Chenango to the Littleton Border)
The project involves the devdopment of architectural guidelines that reflect the
uniqueness of each district along the South Broadway corridor . In addition, gateway
markers for the North Englewood and South Englewood borders shall be designed .
The idea is to chart a course for future development and revitalization along this
commercial corridor. Contained within the four identifiable commercial districts are the
following concepts :
• Improve building and property appearances and increase building and property
maintenance .
• Unify and beautify the corridor and create unique using urban design practices.
• Improve real and perceived safety concerns for South Broadway businesses and
patrons.
• Develop pedestrian amenities and reduce vehicle / pedestrian conflicts
• Improve pedestrian connections to South Broadway from nearby employment and
retail centers.
• Assist businesses in creating associations or self improvement districts for markebng.
maintenance, appearance, and safety .
• Review parking requirements and opportunities for providing additional , convenient
parking .
• Enhance the identity , image, and perception of the South Broadway corridor .
" -. '
•
..
• •
0
I ~•
]-
-
•
• • '
'·
Statement or bow private sector (citizeu) aad local leadenbip are iavolved.
As part of the City's public participation and outreach efforts, City Council hosted a town
meeting to discuss issues concerning the residents. The meeting focused around the
following three major topics: Economic Development, Residential Development, IDd
Traffic Issues .
The citizens and City Council focused on the following ideas:
• Revitalize the commercial corridors / South Broadway IDd create opportunities for
diverse businesses to prosper.
• Business retention efforts and maintenance ISlistance to existing Englewood
businesses is vitally important.
• Continue outreach efforts to the manufacturing and industrial conununity .
• Create a greater awareness of benefits through VJrious programs available to
Englewood businesses including : Arapahoe County Enterprise Zone, Englewood
Commercial Reinvestment Catalyst Program, and other state/local/federal business
development programs .
• ContiJUe the development and promotion of the Buy Englewood Program.
The following Goals are established by the Englewood City Council:
• Develop a comprehensive economic development program to build and enhance
alternate revenues and enhance conununity resources .
• Industrial Corridor -South Santa Fe Market Analysis
• Commercial Corridor -South Broadway Revitalization
• Pursue a development plan that meets the community's standards .
• Maintain Englewood u a tWl service community .
• Suppon business vitality and variety .
• Anrlct neighborhood serving businesses and encourage a balance of
commercial uses .
• Upgrade transitional uses and renovate or replace deteriorated sauctured.
6' -
'
• .
..
• •
0
I
•
•
<.
Civil Ri1hts
The City seeks input and communicates with all citizens of Englewood on an equal basis .
Public panicipation of all citizens and business representatives is encouraged. Community
outreach and public participation continues be an ongoing area of focus for the City of
Englewood . This is evidenced in the public participation or conununity outreach efforts
which the City maintains for projects aff'ecting its citizens and businesses . The following
sroups meet regularly to discuss issues related to economic development / neishborbood
impacts along the South Broadway corridor:
• South Broadway Merchants Group· Comprised of businesses along the South
Broadway corridor.
• Nonh Englewood Orpnization ofNeishbors (NEON) -Comprised of residents
loc1ted along the South Broadway corridor.
The City of Englewood, Colorado, has not received a negative determination from a civil
rights compliance review, complaint, lawsuit or other allegations of discrimination on the
basis of race, color, national origin, sex, disability or age .
Discrimination for or against any person in recruitment, examination, hiring. classification,
training, promotion, on-going usignment of duties, granting of rights and benefits, or any
other personal action because of political or religious opinions, race , creed, color, sex,
national origin or ancestry, age, political or religious affiliation, organizational
membership, physical or mental impairment where accommodation can reasonably be
made or other nonmerit factors except for bona fide occupational rea!Ons is prohibited .
Any claim for alleged dilcrirnination for any prohibited reason shall be filed with the
Administrative Services Director and may be determined only by the City Manager or his
designee . (Ordinance #14 , Series 1983 ; amended Ordinance #63, Series 1990 .)
• .
• •
0
•
• •
Plannin1 Grant Staffin1 Proposal
This project will be carried out by existing City staff and outside contractors which will
meet the technical obligations for this project . Funding under this grant will allow for the
development of the City's planning capability by building capacity . The proposed
contractors will carry out the various technical aspects of this project and provide
expertise in areas external from existing City staff. The following is a description of the
proposed staffing plan :
Contractual function to meet scope ofl(lllt ·
Technical Element Grant Function Estimated Grant B
Five-Year Comprehensive
Economic Development
Strategy
Economic Development
Planning / Market Analysis
Commercial Corridor
Revitalization Assistance
Total Estimated
Coatnctul Bad
Identify specific community
goals and objectives which
strengthen the Englewood
business climate .
E.D . planning/ market
analysis for the South
Broadway commercial
corridor and South Santa Fe
industrial corridor .
Design architectural
guidelines for South
Broadway corridor
redevelo ment .
Existing City staff to meet the scope of the granr-
Name Title Grant Function
Art Scibelli Business Project manager .
Community
Coordinator
Brad Denning Planning Element implementation .
Assistant
Darren Business Element implementation
Hollinaswonh Assistant and irrant administration .
Gertrude Welty Administrative Administrative suppon
Assistant II
Nancy Fenton Administrative Administrative suppon
Aide
TOTAL
547,000
Percent of Grant
Tune on Budget
Proiect
33% 20000
30-1. 7000
30-1. 7000
6'11. 2000
6o/, 2000
na_ooo
• .
..
I· •
0
f
•
]-. ~
•
,.
EwbitA-Ll
Explanation for proposed use of amounts budgeted for contractual.
' .
. ,
•,
• •
0
r ~,.. I
]-
•
• i.
·, •
<.
hplaaatioa for proposed ue of amounts bud1eted for coatnctual.
The contractual element of the project involves the procurement of individuals with
technical expertise in a variety of areas . This project requires technical assistance and skill
sets which differ from that of existing City staff. Procurement of technically oriented
contractual . uutance will develop staff capacity and allow the City carry out the proposal
u set forth herein. The following is a description of the technical elements which will
require contnctual assistance to carry out this aspect of this grant:
• Contractual auistaace may be required to derive various elements of the five-year
comprebemiw ec:011omic dcYelopment stratesY-
• Market aaalylia and tarpted bulineu study for the South Broadway conunerc:ial
corridor and South Santa Fe industrial corridor .
• Design arc:hitec:tural guidelines and landscaping plans for South Broadway corridor
redevelopment .
Note : The proposal for contractual procurement is subject to change; the applicant may
choose to hire additional or dift'erent individuals to meet the spec:ific: objectives of the
project. The contractual amount for technical usistanc:e is to be determined. Contractual
amounts will reflect market rates and program budget . The contrac:ton procured to meet
the obligations of this grant will be requisitioned based on the City's employment/
procurement procedures; the city does not discriminate on the basis of sa, race, or
ethnicity (Ordinance #14, Series 1983; amended Ordinance #63, Series 1990 .)
. '
•
• •
0
-
•
ORDINANCE NO._
SERIES OF 1998
•
• •
<,
BY AUTHORITY
COUNCIL BILL NO . 13
INTRODUCED BY COUNCIL
MEMBER HABENICHT/BURNS
AN ORDINANCE AMENDING TITLE 16 , BY REPEALING TITLE 16 , CHAPTER 4 ,
SECTION 18, ENTITLED LANDSCAPE ORDINANCE ; ENACTING A NEW TITLE
16 , CHAPTER 5, SECTION 26 , ENTITLED LANDSCAPING STANDARDS; AND
AM:ENDING TITLE 16 , CHAPTER 8 , SECTION l , BY THE ADDITION OF
SEVERAL DEFINITIONS, OF THE ENGLEWOOD MU NICIPAL CODE 1985 .
WHEREAS, the City wishes to enhance the aesthetic appearance of development in
the City by providing standards relating to quality, quantity, maintenance and
functional aspects of landscaping; and
WHEREAS, landscaping aids in stabilizing the environment's ecological balance by
contributing to the processes of air purification. oxygen regeneration, storm water
runoff reduction and ground water recharge and encourages water conservation
through water conserving devices and xeriscape principles; and
WHEREAS, landscaping reduces the noise , heat and glare generated by
development; and
WHEREAS, landscaping standards help to protect public health, safety and
welfare by minimizing the impact of all forms of physical and visual pollution,
screening incompatible land uses . preserving the integrity of neighborhoods and
enhancing pedestrian and vehicular traffic and safety ; and
WHEREAS , the Planning and Zoning Commission recommended City staff research
and prepare landacaping standards that would focus on "greening" the City and
provide minimum standards of quality and quantity consistent with similar
commurutie s within the metropolitan area ; and
WHEREAS, the Planning and Zoning CommiBB ion reviewed the proposed
mod ifi ca tions to the Landscape Standards and recomme nds the passage of this
Ordina nce ; and
WHEREAS , the Englewood Planning and Zorung Commiu 1on held a Public Hearing on
Fe brua ry 3 , 1998;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sect10n l . The City Council of the City of Englewood, Colorado hereby approves
ame nding Title 16 , of the Engle wood Municip a l Code 1985 , by repealinJ Title 16 ,
Ch a p ter 4 , Section 18, entitled Landaca pe Ordinance and e nactin1 a new Title 16,
Ch a pter 5 , S ection 26 . e ntitled Land1ea pm1 Standards , which 1hall read as follow s :
-I -
,. -
10bi
..
•· •
0
,
•
•
• •
. .
16-5-26: LANDSCAPING STANDARDS:
A. PURPOSE: THIS SECTION ESTABLISHES LANDSCAPE STANDARDS
FOR NEW DEVELOPMENT AND FOR REDEVELOPING PROPERTIES IN
ORDER TO ENHANCE, IMPROVE, PROTECT AND PRESERVE THE
APPEARANCE , CHARACTER AND VALUE OF SUCH PROPERTIES AND
THEIR SURROUNDING NEIGHBORHOODS. THIS SECTION IS FURTHER
INTENDED TO :
l . ENHANCE THE AESTHETIC APPEARANCE OF DEVELOPMENT IN
THE CITY BY PROVIDING STANDARDS RELATING TO QUALITY,
QUANTITY , MAINTENANCE AND THE FUNCTIONAL ASPECTS OF
LANDSCAPING;
2. AID IN STABILIZING THE ENVIRONMENT'S ECOLOGICAL
BALANCE BY CONTRIBUTING TO THE PROCESSES OF AIR
PURIFICATION, OXYGEN REGENERATION , STORM WATER
RUNOFF REDUCTION AND GROUND WATER RECHARGE, AND TO
ENCOURAGE WATER CONSERVATION THROUGH WATER
CONSERVING DEVICES AND XERISCAPE PRINCIPLES ;
3 . REDUCE THE NOISE, HEAT AND GLARE GENERATED BY
DEVELOPMENT; AND
4 . PROTECT PUBLIC HEALTH, SAFETY , AND WELFARE BY
MINIMIZING THE IMPACT OF ALL FORMS OF PHYSICAL AND
VISUAL POLLUTION, SCREENING INCOMPATIBLE LAND USES ,
PRESERVING THE INTEGRITY OF NEIGHBORHOODS, AND
ENHANCING PEDESTRIAN AND VEHICULAR TRAFFIC AND
SAFETY.
B. APPLICABILITY: THIS SECTION SHALL APPLY TO ANY
DEVELOPMENT LOCATED WITHIN THE CITY OF ENGLEWOOD AT
SUCH TIME AS AN APPLICATION IS MADE FOR ANY OF THE
FOLLOWING:
l . A BUILDING PERMIT FOR A NEW STRUCTURE ;
2 . A BUILDING PERMIT FOR EXISTING STRUCTURES THAT
RESULTS IN THE EXPANSION OR INCREASE OF THE GROSS
FLOOR AREA AND/OR OFF-STREET PARK.ING AREA BY FIFTEEN
PERCENT (15%) OR MORE , OR A TOTAL OF FIVE HUNDRED
SQUARE FEET (600 SQ.') GROSS FLOOR AREA, WHICHEVER IS
GREATER;
3 . A SITE PLAN: OR
4 . A REZONING OF PROPERTY.
..
•· •
0
f
-
•
•
• •
(,
5 . THIS SECTION SHALL NOT APPLY WHERE A BUILDING PERMIT
IS ISSUED FOR THE RESTORATION , WITHIN TWELVE (12)
MONTHS , OF A BUILDING THAT HAS BEEN DAMAGED OR
DESTROYED BY FIRE . EXPLOSION , STORM OR ACCIDENT OF ANY
KIND , UNLESS SUCH RESTORATION EXCEEDS THE EXPANSION
PROVISIONS OF E.M.C . 16-5-26-8-2 ABOVE .
C. LANDSCAPE PLAN REQUIREMENT: A LANDSCAPE PLAN SHALL BE
REQUIRED AS PART OF A BUILDING PERMIT. SITE PLAN , AND/OR
REZONING APPLICATION AS DEFINED IN E.M.C. 16-5-26-B
APPLICABILITY. THE LANDSCAPE PLAN SHALL MEET THE INTENT
OF THIS SECTION BY EXHIBITING A COMPREHENSIVE DESIGN
PROGRAM IN TERMS OF MATERIALS , LOCATION, SIZE/SCALE ,
FUNCTION, THEME , AND SIMILAR ATTRIBUTES.
LANDSCAPE PLANS SHALL BE REVIEWED BY THE CITY TO
DETERMINE WHETHER THEY MEET THE REQUIREMENTS OF THIS
SECTION . THE TIME PERIODS ALLOWED FOR REVIEW SHALL BE THE
SAME AS THOSE FOR SITE PLANS . LANDSCAPE PLANS SHALL BE
DRAWN TO A MINIMUM SCALE OF ONE INCH (l") TO FIFTY FEET (50')
AND SHALL PROVIDE THE FOLLOWING INFORMATION:
1. DATE , GRAPHIC AND WRITTEN SCALE , NORTH ARROW , NAME
AND LOCATION OF THE DEVELOPMENT. AND THE NAME (S) OF
THE OWNER, NAME, ADDRESS AND PHONE NUMBER OF THE
PERSON/FIRM PREPARING THE PLAN. AND THE NAME OF THE
CONTACT PERSON FOR THE PROJECT;
2. THE LOCATIONS AND DIMENSIONS OF ALL PROPERTY LINES,
PROPOSED TOPOGRAPHIC CONTOURS, ADJACENT STREETS AND
RIGHTS-OF-WAY, SIGNIFICANT DRAINAGE FEATURES .
BUILDINGS AND STRUCTURES, OFF-STREET PARKING , LOADING
AND VEHICULAR USE AREAS . DRIVEWAYS , UNDERGROUND
AND/OR OVERHEAD UTILITY LINES, EXISTING AND PROPOSED
WATER METER PITS AND WATER VALVES , AND TRAFFIC SIGHT
DISTANCE TRIANGLES ;
3 . THE LANDSCAPE PLAN SHALL ALSO ADDRESS THE
RELATIONSHIP BETWEEN THE DRAINAGE OF LANDSCAPED
AREAS AND THE DRAINAGE OF THE REMAINING FEATURES OF
THE SITE ;
4 . THE LANDSCAPED AREAS ON THE SITE . INCLUDING :
A. LOCATIONS , DIMENSIONS AND SQ UARE FOOTAGE OF ALL
LANDSCAPED AREAS ;
B. TYPES OF LANDSCAPE MATERIALS (I.E . GRASS , SHRUBS,
GRO UNDCOVER, TREES, ETC .);
C. THE SPECIES. NmIBER, CALIPER AND LOCATIONS OF ALL
REQUIRED PLANTINGS ;
-3-
•
•· •
0
·, ' .. I
-•
• •
<.
D. THE SPECIES, LOCATION AND CALIPER OF ANY EXISTING
Pi.ANT MATERIALS TO BE PRESERVED ;
E . THE LOCATION , SIZE AND TREATMENT OF ALL NON-LIVING
LANDSCAPING ;
5 . A DESCRIPTION OF PROPOSED IRRIGATION METHODS ;
6 . A DESCRIPTION OF HOW EXISTING TREES, WHICH ARE
PROPOSED TO BE PRESERVED, WILL BE PROTECTED DURING
SITE PREPARATION AND CONSTRUCTION;
7. A PLANT SCHEDULE WITH BOTANICAL SPECIES, COMMON
NAME , SIZE INSTALLED , TOTAL QUANTITY PROVIDED;
8 . PLANTING NOTES TO INCLUDE BUT NOT LIMITED TO: UTILITY
PROTECTION, DAILY CLEAN-UP OF RIGHT-OF-WAYS ,
GUARANTEES, MAINTENANCE , SOIL AMENDMENTS ;
9 . IN SITUATIONS WHERE IT CAN BE DOCUMENTED THAT
EXISTING LANDSCAPING MEETS OR EXCEEDS THE TOTAL
LANDSCAPE REQUIRED. THE CITY MAY WAIVE THE LANDSCAPE
PLAN SUBMISSION REQUIREME~.
D . LANDSCAPED AllEA REQUIREMENT: PROPERTIES SHALL PROVIDE
A MINIMUM LEVEL OF AREA LANDSCAPING AS FOLLOWS, EXCEPT AS
MAY BE PERMITTED IN ACCORDANCE WITH E .M.C . 16-5-26-D-2 ,
(SOUTH BROADWAY CORRIDOR PROPERTIES), OR E.M .C . 16-5-26-E ,
(ALTERNATIVE COMPLIANCE).
l. ZONE DISTRICT REQUIREMENTS :
A. ALL ZONE DISTRICTS :
1) SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED
AND TWO-FAMILY USES : ONE HUNDRED PERCENT (Ul0%)
OF THE FRONT SETBACK AREA AND NO LESS THAN
FORTY PERCENT (40%) OF THE LOT AREA, EXCLUSIVE OF
DRIVEWAY . SHALL BE LA.'1DSCAPED ;
2) MULTI-FAMILY USES : AT LEAST TWENTY-FIVE PERCENT
(25 %) OF THE TOTAL SITE SHALL BE LANDSCAPED .
8 . RESIDENTIAL DISTRICTS :
l ) NON-RESrDENTIAL USES: A MINIMUM OF TWENTY-FIVE
PERCENT (25%) OF THE TOTAL SITE SHALL BE
LANDSCAPED .
C. BUSINESS DISTRICTS ; A MINIMUM OF FIFTEEN PERCENT
(15%) OF THE TOTAL SITE SHALL BE LANDSCAPED .
D . INDUSTRIAL DISTRICTS ; A MINIMUM OF FIFTEEN PERCENT
(1 5%) OF THE TOTAL SITE SHALL BE LANDSCAPED .
.4 .
..
• •
0
-•
• t•
•
<.
E. PUD DISTRICT LANDSCAPING REQUIREl'vlENTS SHALL BE
DETERMINED ON A CASE-BY-CASE BASIS . CONSIDERATION
SHALL BE GIVEN TO THE TYPE OF DEVELOPMENT USE AND
ADJACENT USES. PUD LANDSCAPE REQUIREMENTS SHALL
BE GUIDED. THE DISTRICT'S PREDOMINANT DEVELOPMENT
USE AND BY REQUIREMENTS ESTABLISHED FOR SIMILAR
DEVELOPMENTS IN SIMILAR ZONE DISTRICTS .
F . WATER. WASTEWATER TREATMENT AND OTHER SIMILAR
LARGE-SCALE PUBLIC FACILITIES; WHERE COMPLIANCE TO
DISTRICT ZONE REQUIREMENTS MAY NOT BE FEASIBLE OR
PRACTICAL, AN ALTERNATIVE COMPLIA."\/CE PLAN MAY BE
SUBMITTED .
2 . SOUTH BROADWAY CORRIDOR PROPERTIES: REDEVELOPING
PROPERTIES FRONTING ON SOUTH BROADWAY SHALL BE
REQUIRED TO PROVIDE NO LESS THAN A MINIMUM OF TEN
PERCENT (10%) OF THE TOTAL SITE TO LANDSCAPING UPON
COMPLETION OF THE REDEVELOPMENT , RENOVATION , AND/OR
EXPANSION OF THE EXISTING DEVELOPME!\l'T . LANDSCAPING
SHALL BE REQUIRED IN THE FRONT YARD AREA. IN CASES
WHERE THE LANDSCAPING PROVISION MAY NOT BE PRACTICAL
DUE TO EXISTING AREA CONDITIONS , AN ALTERNATIVE
COMPLIANCE PLAN MAY BE CONSIDERED BY THE CITY .
PROPERTIES DEVELOPING BETWEEN AND 1:-;CLUDING THE 3200
TO 3600 BLOCKS OF SOUTH BROADWAY ARE ENCOURAGED TO
DEVELOP WITH TRADITIONAL, COMMERCL'\L PATTERNS
ESTABLISHED WITHIN THOSE BLOCKS .
3. MULTIPLE-ZONED PROPERTIES: WHERE 01\E PROPERTY IS
COMPOSED OF MORE THAN ONE ZONE DISTRICT THE
LANDSCAPE REQUIREMENTS OF THE MORE RESTRICTIVE ZONE ,
AS PROVIDED IN THIS CHAPTER, SHALL APPLY. SHOULD THE
LANDSCAPE AREA REQUIREMENTS BE IMPRACTICAL, THE CITY
MAY CONSIDER ALTERNATIVE COMPLIANCE PLANS .
E . ALTERNATIVE COMPLIANCE: IN CASES WHERE THE PERCENTAGE
OF REQUIRED LANDSCAPING MAY NOT BE PRACTICAL OR FEASIBLE ,
THE APPLICANT MAY CONSIDER AN ALTERNATfVE COMPLIANCE
LANDSCAPE PLAN . ALTERNATIVE COMPLIANCE IS A PROCESS THAT
ALLOWS MODIFICATIONS TO EXI S TING REG U LATIONS DUE TO
UNI QU E SITE CONDITIONS . THE PROPOSED Pl.A.'< MUST EQ UAL OR
EX CEED EXISTI NG REQUIREMENTS .
1. ALTER N ATIVE COMPLIANCE LANDS CAPE PLA.\1 CRITERIA:
U NDER THE SPECIFIC CONDITIONS LISTED BELOW , THE CITY
MAY REVIEW AND APPROVE AN ALTERNATIVE COMPLIANCE
LANDS CAPE PLAN UPON DETERMINING THAT S UCH PLAN
MEETS THE GENERAL INTENT AND P URPOSE OF THIS SE CTION :
A. THE PROPERTY HAS U NIQUE NAT URAL FEATURES S UCH AS
TOPOGRAPHY , GEOLOGI CAL CHARACTERISTICS, WATER
FEATURES , OR SIGNIFICANT EXISTING LANDSCAPING ;
-5 -
'
,,,_
• .
..
•· •
-•
• ,~
•
8. THE PROPERTY CONSISTS OF PECULIAR-SHAPED LOTS; OR
C. THE PROPERTY HAS SPACE LIMITATIONS WHICH EXIST AS
A RESULT OF THE LOCATION OF EXISTING STRUCTURES ,
PAVED AREAS AND OTHER BUILT FEATURES.
2. FEE-IN-LIEU: ONLY AFTER IT HAS BEEN DETERMINED BY THE
CITY THAT AN ALTERNATIVE COMPLIANCE PLAN IS NOT
PRACTICAL OR FEASIBLE, A FEE-IN-LIEU EQUIVALENT MAY BE
CONSIDERED AS PART OF AN OVERALL SITE PLAN
APPLICATION . THE FEE-IN-LIEU SHALL BE CALCULATED TO BE
AN AMOUNT EQUIVALENT TO ONE AND 15/100 DOLLARS ($1.15)
PER SQUARE FOOT OF TOTAL REQUIRED LANDSCAPED AREA .
THIS FEE SHALL BE PAID TO THE ENGLEWOOD GENERAL FUND
AND AN ACCOUNTING SHALL BE MADE FOR LANDSCAPING AND
BEAUTIFICATION OF PUBLIC AREAS AS DETERMINED BY THE
CITY COUNCIL.
FEE-IN-LIEU SHALL NOT APPLY TO NEW DEVELOPMENT IN ANY
ZONE DISTRICT. FEE-IN-LIEU SHALL APPLY ONLY TO
REDEVELOPMENT, RENOVATION , REMODEL, OR EXPANSION TO
THE FOLLOWING ZONE DISTRICTS AND/OR USES: 8-1, 8-2,
1-1 , 1-2 AND NON-RESIDENTIAL USES IN R-3 AND R-4 ZONE
DISTRICTS.
F. GENERAL REQUIREMENTS : LANDSCAPED AREAS SHALL MEET
THE FOLLOWING GENERAL REQUIREMENTS:
1. LANDSCAPED AREAS SHALL INCLUDE A COMBINATION OF THE
FOLLOWING TYPES OF LIVING PLANT MATERIALS : TREES,
SHRUBS, ANNUAL AND/OR PERENNIAL PLANTS, VINES, GRASS ,
ANDIOR GROUND COVER . NON-LIVING , DURABLE MATERIALS
COMMONLY USED IN LANDSCAPING , SUCH AS, BUT NOT
LIMITED TO, WOOD MULCHES, ROCKS , PEBBLES, SAND, WATER
FEATURES, DECORATIVE PAVED SURFACES , EXCLUDING
ASPHALT OR NON-PA'M'ERNED CONCRETE , MAY ALSO BE USED
IN LANDSCAPED AREAS ;
2 . PERVlOUS. DECORATIVE PAVING MATERIALS AND BRICK
PAVERS MAY BE INCLUDED IN THE FORM OF WALKWAYS OR
DRIVEWAYS THROUGH LANDSCAPED AREAS ; HOWEVER, OFF-
STREET PARKING AREAS PAVED WITH SUCH MATERIALS SHALL
OT BE CONSIDERED AS LANDSCAPED AREAS ;
3 . THE USE OF NON-LIVING MATERIALS SHALL NOT EXCEED
THIRTY -FIVE PERCENT (35%) OF THE TOTAL LANDSCAPED AREA ;
4 . ALL LANDSCAPED AREAS SHALL HAVE AN APPROVED
IRRIGATION SYSTEM ;
5 . ALL LANDSCAPED OFF-STREET PARKING AREAS SHALL BE
PROTECTED FROM VEHICULAR TRAFFIC BY CONCRETE
CU RBING OR OTHER DEVICES ACCEPTABLE TO THE CITY WHICH
-6-
.....
II -
• .
~
I· •
0
f I
•
. , .
•
PROHIBIT VEHICULAR ACCESS TO AND ENCROACHMENT UPON
THESE AREAS ;
6. A LANDSCAPED AREA SHALL HAVE A MINIMUM DIMENSION OF
THREE FEET (3') ON ANY SIDE ;
7 . ALL WATER METER PITS AND/OR WATER VALVE BOXES SHALL
BE MAINTAINED AT FINISHED GROUND LEVEL AND PROVISION
SHALL BE MADE TO INSURE THAT THEY REMAIN AT GRADE ,
VISIBLE AND READILY ACCESSIBLE FOR EASY OPERATION,
MAINTENANCE AND REPAIR ;
8. AT MATURITY, A MINIMUM CLEARANCE OF THREE FEET (3')
SHALL BE REQUIRED BETWEEN ALL TREES, SHRUBS AND/OR
LANDSCAPING FEATURES AND FIRE DEPARTMENT SPRINKLER
CONNECTIONS , FIRE HYDRANTS AND/OR ALARM NOTIFICATION
DEVICES ; AND
9 . NO ARTIFICIAL TREES, SHRUBS, TURF OR PLANTS OR OTHER
NON-LIVING PLANT MATERIALS SHALL BE USED TO FULFILL
THE LIVING PLANT MATERIAL REQUIREMENTS OF THIS
SECTION.
G . LANDSCAPING IN OFF-STREET PARKING AREAS: LANDSCAPING
OF OFF-STREET PARKING AREAS IS INTENDED TO IMPROVE THE
AESTHETIC APPEARANCE OF PARKING LOTS AND TO PROTECT AND
PRESERVE THE APPEARANCE , CHARACTER AND VALUE OF
SURROUNDING PROPERTY . IF A SITE WHICH IS SUBJECT TO THIS
SECTION INCLUDES AN OFF-STREET PARKING AREA, THE
FOLLOWING SHALL APPLY:
1. LANDSCAPING IN OFF-STREET PARKING AREAS SHALL BE
COUNTED TOWARD THE MINIMUM TOTAL LANDSCAPING
REQUIRED ;
2 . LANDSCAPED PERIMETERS, ISLANDS , MEDIANS, OR
PENINSULAS SHALL HA VE A MINIMUM DIMENSION OF THREE
FEET (3') ON ANY SIDE :
3 . INTERIOR LANDSCAPING OF OFF-STREET PARKING AREAS
SHALL SERVE THE PURPOSES OF AESTHETICALLY BREAKING UP
PAVEMENT AND GUIDING THE CIRCULATION OF VEHICLES AND
PEDESTRIANS WITHIN THE PARKING LOT . AT LEAST TEN
PERCENT (10%) OF THE INTERIOR OF A PARKING LOT SHALL BE
LANDSCAPED IF THE LOT CONTAINS MORE THAN TWENTY (20)
PARKING SPACES OR IS MORE THAN SIX THOUSAND SQUARE
FEET (6 ,000') IN AREA :
-7-
..
• • •
0
f v i
•
• t•
•
4 . THE PERIMETER OF ALL OFF-STREET PARKING AREAS
ADJACENT TO THE PUBLIC RIGHT-OF-WAY SHALL BE
LANDSCAPED REGARDLESS OF LOT SIZE OR NUMBER OF
PARKING SPACES . PERIMETER LANDSCAPING AT THE ALLEY IS
ENCOURAGED ;
5 . ALL PERIMETER AND INTERIOR LANDSCAPING SHALL COMPLY
WITH TRAFFIC SIGHT DISTANCE TRIANGLE REQUIREMENTS AS
DETERMINED BY THE CITY TRAFFIC ENGINEER;
6 . INTERIOR LANDSCAPING REQUIREMENTS OF THIS SUBSECTION
SHALL NOT APPLY TO OUTDOOR DISPLAY AREAS ,
7. IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF
TYPES OF DEVELOPMENTS AND PARKING CONFIGURATIONS
ASSOCIATED WITH THEM, MINOR DEVIATIONS MAY BE GRANTED
BY THE CITY , WHENEVER SUCH DEVIATIONS ARE MORE LIKELY
TO SATISFY THE INTENT OF THIS SECTION.
H . LANDSCAPE MATERIAL REQUIREMENTS: AT LEAST ONE (1) TREE
AND FIVE (5) SHRUBS SHALL BE PROVIDED PER SEVEN HUNDRED
AND FIFTY SQUARE FEET (750 SQ.') OF LANDSCAPED AREA REQUIRED
BY THE PROVISIONS OF THIS SECTION. SHOULD THE LANDSCAPED
AREA BE LESS THAN ONE THOUSAND SQUARE FEET (1 ,000 SQ.'), A
MINIMUM OF TWO (2) TREES AND TEN (10) SHRUBS SHALL BE
REQUIRED. THE PLANTING OF TREES AND SHRUBS SHALL COMPLY
WITH THE FOLLOWING INSTALLATION REQUIREMENTS:
l . LANDSCAPE AREAS SHALL HA VE PLANT MATERIAL SELECTED
AND PLANTING METHODS USED WHICH ARE SUITABLE FOR THE
SOIL AND CLIMATIC CONDITIONS OF THE REGION AND THE
SPECIFIC REQUIREMENTS OF THE SITE . SIZES OF THE PLANT
MATERIALS SHALL CONFORM TO THE FOLLOWING MIX :
TREES : 50%, 2" CALIPER DECIDUOUS OR 6 FOOT
TALL EVERGREEN
50%, 3" CALIPER DECIDUOUS OR 8 FOOT
TALL EVERGREEN
SHRUBS : 100%, 5 GALLON
GROUNDCOVER : 100%, 1 GALLON SPACED FOR COVERAGE
WITHIN 2 YEARS
2 . TREES SHALL BE OF A LONG-LIVED AND CLEAN CHARACTER .
FURTHER THEY SHALL REQUIRE LITTLE MAINTENANCE, BE
STRUCTURALLY STRONG, INSECT AND DISEASE RESISTANT, AND
REQUIRE LITTLE PRUNING .
3 . ALL ROCKS AND STONES USED IN LANDSCAPED AREAS SHALL
BE A MINIMUM OF 3/8 INCHES IN SIZE , AND INSTALLED TO A
MINIMUM DEPTH OF TWO INCHES (2") OR AS NECESSARY TO
ADEQUATELY COVER THE AREA.
-8-
.....
. '
•
•· •
0
' I
-•
0 I •
•
4 . MINIMUM MULCH DEPTH SHALL BE FOUR INCHES (4").
5 . THE FOLLOWING SPECIES SHALL BE PROHIBITED : BOX ELDER
(ACER NEGUNDO), COTIONWOOD (FEMALE POPULUS
DELTOIDES), SIBERIAN ELM (ULMUS PUMILA).
6 A WATER PERMEABLE LANDSCAPE FABRIC SHALL BE REQUIRED
IN ALL SHRUB BEDS .
7 . ALL GRASSED OR BED AREAS SHALL BE AMENDED WITH A
MINIMUM OF THREE (3) CUBIC YARDS OF ORGANIC MA TIER
(COMPOST) PER ONE THOUSAND SQUARE FEET (1 ,000') OF AREA .
ORGANIC MATIER SHALL BE TILLED INTO THE SOIL TO A
MINIMUM DEPTH OF 4-6 INCHES (4"· 6").
8 . CLUMP OR MULTI-STEM TREES SHALL BE CONSIDERED AS A
UNIT; THAT IS , AS ONE (1) TREE.
I. CREDIT FOR PRESERVATION OF EXISTING TREES: APPLICANTS
MAY RECEIVE CREDIT TOW ARDS THE TREE REQUIREMENTS OF E .M .C.
16-5-3-H BY THE PRESERVATION OF EXISTING TREES , AS OUTLINED
IN THE FOLLOWING SCHEDULE :
EXISTING TREES
1 TREE, 2" TO 6" CALIPER
1 TREE, >6" TO 12" CALIPER
1 TREE, > 12" TO 15" CALIPER
1 TREE, GREATER THAN 15" CALIPER
TREE CREDIT
1
2
3
4
THE FOLLOWING CONDITIONS MUST BE MET IN ORDER FOR THESE TREE
CREDITS TO APPLY :
1 . EACH EXISTING TREE SHALL BE IN A HEALTHY AND GROWING
CONDITION; DEAD LIMBS AND BRANCHES SHALL BE PRUNED;
2 . BEFORE SITE PREPARATION AND DURING CONSTRUCTION.
EACH EXISTING TREE SHALL BE PROTECTED BY THE
PLACEMENT OF A BARRIER AROUND THE AREA OUTSIDE THE
DRIP LINE OF THE TREE CANOPY;
3 . A MINIMUM OF SEVENTY-FIVE PERCENT (75%) OF THE AREA
BELOW THE DRIP LINE OF AN EXISTING TREE SHALL BE
MAINTAINED AS A PERMANENT, LANDSCAPED AREA AT THE
U NDISTURBED GRADE WHICH EXISTED PRIOR TO SITE
DEVELOPMENT UNLESS SPECIAL PROVISIONS ARE MADE FOR
THE PROTECTION AND SURVIVAL OF THE TREE. SUCH SPECIAL
PROVISIONS , INCLUDING BUT NOT LIMITED TO THE USE OF
PERMEABLE PAVING MATERIALS. SHALL BE SUBJECT TO THE
APPROVAL OF THE CITY .
4 . SHOULD ANY TREE FOR WHICH CREDIT IS RECEIVED UNDER
THE PROVISIONS OF THIS S UBSECTION DIE AT ANY TIME , THE
-9-
"' -
•
..
..
• •
0
,
-
•
•
• (~
•
OWNER SHALL, WITHIN NINETY (90) DAYS , REPLACE THE TREE
WITH THE EQUIV ALE NT SPECIES OR A TREE WHICH WILL
OBTAIN THE SAME HEIGHT, SPREAD AND GROWTH
CHARACTERISTICS . THE REPLACEMENT TREE SHALL HA VE A
MINIMUM CALIPER OF THREE INCHES (3") WHEN PLANTED.
5. NO CREDIT SHALL BE ALLOWED FOR PROHIBITED SPECIES.
J. LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY:
l. LANDSCAPING REQUIRED: THE UNPAVED PORTIONS OF THE
PUBLIC RIGHT-OF-WAY ABUTTING A STREET SHALL BE
LANDSCAPED. CORNER LOTS SHALL LANDSCAPE FRONT AND
SIDE RIGHT-OF-WAY AREAS . THIS LANDSCAPING SHALL
CONTAIN A MINIMUM OF ONE (1) TREE OF AT LEAST THREE
INCHES (3 ") CALIPER FOR EVERY THIRTY FEET (30') OF
FRONTAGE . SHOULD TOTAL STREET FRONTAGE BE LESS THAN
THIRTY FEET (30'), A MINIMUM OF ONE (1) TREE IS REQUIRED.
LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY SHALL BE
COUNTED AS PART OF THE TOTAL LANDSCAPING
REQUIREMENT, PROVIDED , HOWEVER , THAT SUCH CREDIT
SHALL NOT EXCEED ONE-HALF (1/2) OF THE REQUIRED
LANDSCAPED AREA OF THE SITE .
2 . RESTRICTIONS:
A. SHRUBS AND OTHER SIMILAR LOW-GROWING LANDSCAPE
MATERIALS WHICH MAY EXCEED TWO FEET (2') IN HEIGHT
SHALL NOT BE INSTALLED IN THE SIGHT DISTANCE
TRIANGLE.
B. THE CITY SHALL NOT BE RESPONSIBLE FOR THE
MAINTENANCE OF LANDSCAPING INSTALLED IN PUBLIC
RIGHT-OF-WAY. NOR SHALL THE CITY BE RESPONSIBLE
FOR THE REPLACEMENT OF LANDSCAPE MATERIALS
WHICH MUST BE REMOVED DURING THE REPAIR OR
MAINTENANCE OF UTILITIES OR OTHER PUBLIC
IMPROVEMENTS .
UNDERGROUND SPRINKLER SYSTEMS SHALL NOT BE
INSTALLED WITHIN STREET RIGHT-OF-WAY, EXCEPT UPON
WRITTEN AGREEMENT BETWEEN THE CITY AND THE
PROPERTY OWNER UPON TERMS AND CONDITIONS SET BY
THE CITY WHICH SHALL INCLUDE AN ACKNOWLEDGMENT
BY THE OWNER THAT NO COMPENSATION SHALL BE PAID
TO OWNER FOR ANY DA.~GES TO OR RELOCATION COSTS
OF THE SPRINKLER SYSTEM RESULTING FROM FUTURE
P UBLIC WORK WITHIN THE RIGHTS-OF-WAY .
D . TREES PLANTED NEAR PUBLIC CURBS AND ATTACHED
SIDEWALKS SHALL BE SLOWER-GROWING SPECIES, HAVE A
LIMITED ROOT STRUCTURE AND SHALL BE INSTALLED
WITH A ROOT BARRIER SYSTEM AS TO PREVENT PHYSICAL
-10-
,,,_
..
• .
•· •
]-
•
• t•
. • '
..
DAMAGE TO SIDEWALKS , CURBS , GUTTERS AND OTHER
PUBLIC IMPROVEMENTS.
E. WHERE TREES ARE PLANTED IN PAVED AREAS , THEY
SHALL HAVE A PROTECTIVE TREE GRATE . TREE GRATES
SHALL BE CAST IRON, ALUMINUM AND/OR OTHER
ACCEPTABLE TREE GRATE MATERIAL . A ROOT BARRIER
SYSTEM SHALL BE USED.
F . USE OF SHRUBBERY AND VINES SHALL BE ENCOURAGED
ALONG ALL WALLS AND FENCES ADJOINING PUBLIC
RIGHTS-OF-WAY .
G. PLANTS SHALL NOT BY THEIR GROWTH HABITS OBSTRUCT ,
RESTRICT OR CONFLICT WITH THE SAFE USE OF ANY
ROADWAY , SIDEWALK, ALLEY OR UTILITIES .
K . SCREENING REQUIREMENTS: LANDSCAPE SCREENING IS
INTENDED TO PHYSICALLY BUFFER AND VISUALLY SHIELD
ADJACENT LAND USES THAT ARE NOT FULLY COMPATIBLE .
l. EVERY DEVELOPMENT, SHALL PROVIDE SUFFICIENT
SCREENING SO THAT ADJACENT PROPERTIES ARE EFFECTIVELY
SHIELDED FROM ANY ADVERSE IMPACTS OF THAT
DEVELOPMENT, OR SO THAT THE NEW USE SCREENS ITSELF
FROM POTENTIAL IMPACTS FROM USES ALREADY IN
OPERATION.
2 . SCREENING SHALL BE REQUIRED BETWEEN THE FOLLOWING
LAND USES AND/OR ZONE DISTRICTS:
A. RESIDENTIAL USES AND ALL OTHER LAND USES;
B. COMMERCIAL AND INDUSTRIAL USES;
C. PARKING LOTS AND PUBLIC RIGHT-OF-WAY; AND
D . AS DETERMINED BY THE CITY.
3. SCREENING REQUIREMENTS SHALL BE IN ADDITION TO
LANDSCAPING REQUIREMENTS.
4 . WHENEVER STRUCTURES SUCH AS FENCES OR WALLS ARE USED
TO CREATE A SCREEN, PLANTS SHALL BE LOCATED ON THE
SIDES OF THE STRUCTURE WHICH ARE VISIBLE FROM
ADJACENT RIGHT-OF-WAY;
-I I -
,, ~
. -
' '''If'
• .
• • •
0
, I
-
]--
•
• , .
• '
'·
5 . SCREENING CRITERIA:
A. SCREENING MAY BE COMPOSED OF A SOLID FENCE, SEMI-
OPAQUE LANDSCAPING, OR COMBINATIONS THEREOF;
B . SCREENING SHALL BE A MINIMUM OF THREE FEET (3') IN
HEIGHT;
C . FENCING SHALL COMPLY WITH E .M.C . 16-4-17;
D . SCREENING SHALL NOT EXTEND INTO THE TRAFFIC SIGHT
DISTANCE TRIANGLE;
6 . IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF
TYPES OF DEVELOPMENTS AND THE RELATIONSHIPS
BETWEEN THEM, MINOR SCREENING REQUIREMENT
DEVIATIONS MAY BE GRANTED BY THE CITY, WHENEVER
SUCH DEVIATIONS ARE MORE LIKELY TO SATISFY THE
INTENT OF THIS SECTION.
L . PLANTING CRITERIA:
l. TREES SHALL BE OF SPECIES WHICH NORMALLY GROW TO A
MATURE HEIGHT OF AT LEAST FIFTEEN FEET (15') IN THE
DENVER METROPOLITAN AREA. A LIST OF RECOMMENDED
TREES FOR ENGLEWOOD MAY BE OBTAINED FROM THE CITY .
2 . TREES OF SPECIES WHOSE ROOTS ARE LIKELY TO CAUSE
DAMAGE TO PUBLIC ROADWAYS , SIDEWALKS, OTHER PUBLIC
WORKS AND OFF-STREET PARKING FACILITIES. SHALL NOT BE
PLANTED CLOSER THAN TWELVE FEET (12') TO SUCH
FACILITIES .
3 . TREES, SHRUBS. ANNUAL AND/OR PERENNIAL PLANTS. VINES .
GRASS, AND GROUND COVER PLANTED TO MEET THE
REQUIREMENTS OF THIS SECTION SHALL BE GOOD, HEALTHY
NURSERY GROWN STOCK.
4 . GRASS AREAS SHALL BE PLANTED IN SPECIES NORMALLY
GROWN AS PERMANENT LAWNS IN THE DENVER
METROPOLITAN AREA . GRASS AREAS MAY BE SODDED,
PLUGGED, SPRIGGED OR SEEDED, EXCEPT THAT SOLID SOD
SHALL BE USED IN SWALES OR OTHER AREAS SUBJECT TO
EROSION .
5 . ALL PLANTINGS SHALL MEET OR EXCEED STANDARDS
ESTABLISHED BY THE COLORADO NURSERY ACT (COLORADO
DEPARTMENT OF AGRICULTURE) AND THE AMERICAN
STANDARDS FOR NURSERY STOCK (AMERICAN ASSOCIATION OF
NURSERYMEN).
-12-
,. ~
..
•· •
0
, I
]-
•
-
6 . SHRUBS AND OTHER PLANT MATERIALS WITH THORNS, SPINES,
SEEDPODS OR LARGE FRUITS SHALL NOT BE PERMITTED
WITHIN TEN FEET (10') OF SIDEWALKS.
7. TREES SHALL BE PLANTED SO THAT AT MATURITY THEY DO
NOT INTERFERE WITH OVERHEAD UTILITY LINES .
M. VISIBILITY: LANDSCAPING SHALL NOT OBSTRUCT THE VISIBILITY
OF PEDESTRIANS AND VEHICULAR TRAFFIC AT INTERSECTIONS OR
POINTS OF INGRESS AND EGRESS. NO LANDSCAPING WHICH
EXCEEDS AN ELEVATION OF THE TOP-OF-CURB PLUS TWO (2) FEET
SHALL BE ALLOWED IN SUCH AREAS, EXCEPT FOR SINGLE TRUNK
TREES WHICH ARE OF SUCH SIZE AND SO SPACED THAT NO VISIBLE
OBSTRUCTION AND/OR TRAFFIC HAZARD IS CREATED .
DETERMINATIONS REGARDING VISUAL OBSTRUCTIONS SHALL BE
MADE BY THE CITY TRAFFIC ENGINEER.
N. WATER CONSERVATION (XERISCAPE) PRINCIPLES: APPLICANTS
ARE ENCOURAGED TO FOLLOW XERISCAPE, OR WATER
CONSERVATION , PRINCIPLES IN MEETING THE REQUIREMENTS OF
THIS SECTION. XERISCAPE PRINCIPLES INCLUDE THE USE OF
MULCHES , NATIVE AND ADAPTED LOWER WATER DEMAND PLANTS ,
LIMITED TURF AREAS , AND EFFICIENT WATERING METHODS :
RESULTING IN SIGNIFICANTLY LOWER WATER USE AND DECREASED
MAINTENANCE .
0 . APPEAL: APPEALS WHICH ALLEGE ERROR IN ANY ORDER,
REQUIREMENT, DECISION OR DETERMINATION MADE BY THE CITY IN
THE INTERPRETATION OF THE PROVISIONS IN THIS SECTION SHALL
BE HEARD BY THE BOARD OF ADJUSTMENT AND APPEALS,
PURSUANT TO E .M.C. 16-3-1 , HEARING & APPEALS .
P . COMPLETION: THE CITY SHALL NOT ISSUE A CERTIFICATE OF
OCCUPANCY FOR ANY BUILDING , USE OR STRUCTURE TO WHICH
THIS SECTION APPLIES UNTIL THE LANDSCAPING HAS BEEN
INSTALLED IN ACCORDANCE WITH THE APPROVED LANDSCAPE
PLAN . IN EXTENUATING ClRCUMSTANCES , SUCH AS ADVERSE
WEATHER, WHERE OCCUPANCY IS REQUESTED PRIOR TO
COMPLETION OF LANDSCAPING , THE OWNER SHALL ENTER INTO AN
AGREEMENT WITH THE CITY GUARANTEEING THAT THE REQUIRED
LANDSCAPING WILL BE COMPLETED WITHIN ONE HU NDRED AND
EIGHTY (180) DAYS OR A DATE SPECIFIED BY THE CITY .
Q . IRRIGATION: THE IRRIGATION OF ALL LANDSCAPED AREAS SHALL
BE PROVIDED FOR BY ONE OF THE FOLLOWING METHODS:
R.
1 . A FULLY AUTOMATIC OR MANUAL UND ERGROUND IRRIGATION
SYSTEM ;OR
2 . A HOSE ATTACHMENT WITHIN ONE HUNDRED FEET (100') OF
ALL LANDSCAPED MATERIALS .
MAINTENANCE :
-I 3-
. '
..
• •
0
. -; '~ t
-
•
• . , .
•
. .
1 . MAINTENANCE OF APPROVED LANDSCAPING SHALL CONSIST
OF REGULAR WATERING, MOWING, PRUNING, FERTILIZING,
CLEARING OF DEBRIS AND WEEDS, THE REMOVAL AND
REPLACEMENT OF DEAD PLANTS, AND THE REPAIR AND
REPLACEMENT OF IRRIGATION SYSTEMS AND INTEGRATED
ARCHITECTURAL FEATURES. PLANT MATERIAL WHICH DIES
SHALL BE REPLACED WITH PLANT MATERIAL OF SIMILAR
VARIETY AND SIZE WITHIN ONE HUNDRED EIGHTY (180) DAYS .
2 . PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY,
THE PROPERTY OWNER SHALL FILE A MAINTENANCE
AGREEMENT. THE AGREEMENT SHALL ENSURE THAT IF THE
LANDOWNER, OR SUBSEQUENT OWNERS, FAILS TO MAINTAIN
THE REQUIRED/ INSTALLED SITE IMPROVEMENTS, THE CITY
WILL BE ABLE TO FILE AN APPROPRIATE LIEN(S) AGAINST THE
PROPERTY IN ORDER TO ACCOMPLISH THE REQUIRED
MAINTENANCE .
3 . PROPERTY OWNER AND TENANT ARE RESPONSIBLE FOR
LANDSCAPE MAINTENANCE AND ASSOCIATED LIABILITIES.
Sect.jog 2. The Englewood City Council hereby amends Title 16, Chapter 8,
Section 1, of the Englewood Municipal Code, 1985 with the addition of the following
definitions, in alphabetical, order to the definitions as follows :
16-8-1 : DEFINITIONS:
ANNUAL
CALIPER
DRIP LINE
EVERGREEN
MULCH
A PLANT THAT COMPLETES ITS LIFE
CYCLE IN ONE GROWING SEASON.
THE INCH DIAMETER OF THE TRUNK OF A
TREE MEASURED SIX INCHES (6") ABOVE
GRADE FOR NEW TREES.
A VERTICAL LINE EXTENDING FROM THE
OUTERMOST BRANCHES OF A TREE TO
THE GROUND .
A PLANT WITH FOLIAGE THAT PERSISTS
AND REMAINS GREEN YEAR ROUND .
NONLIVING ORGANIC AND SYNTHETIC
MATERIALS CUSTOMARILY USED IN
LANDSCAPE DESIGN TO RETARD EROSION
AND RETAIN MOISTURE .
-14-
' ,
•
.,
• •
0
• . ,
]-•.
• •
<.
•
NEW DEVELOPMENT DEVELOPMENT OF A SITE WHERE LESS
THAN FIFTY PERCENT (50%) OF THE
EXISTING STRUCTURE(S) IS RETAINED
AND INCORPORATED INTO THE NEW STRUCTURE.
OUTDOOR DISPLAY AREA AN OUTDOOR, UNROOFED AREA WHERE
MERCHANDISE OR VEHICLES ARE
DISPLAYED FOR MORE THAN TWENTY-
FOUR (24) HOURS. .. PERENNIAL
A PLANT THAT REGROWS FROM THE
SAME ROOT STOCK YEAR AFTER YEAR.
REDEVELOPMENT DEVELOPMENT OF A SITE WHERE FIFTY
PERCENT (50%) OR MORE OF THE EXISTING
STRUCTURE(S) IS RETAINED AND
INCORPORATED INTO THE NEW
STRUCTURE.
ROOT BARRIER SYSTEM A PHYSICAL OR CHEMICAL BARRIER THAT
PROHIBITS OR DISCOURAGES LATERAL
ROOT GROWTH UNDER SIDEWALKS AND
OTHER HARDSCAPE AREAS.
SHRUB
A SELF-SUPPORTING WOODY PERENNIAL
PLANT OF LOW OR MEDIUM HEIGHT
CHARACTERIZED BY MULTIPLE STEMS
AND BRANCHES CONTINUOUS FROM THE
BASE, USUALLY NOT MORE THAN TEN
FEET (10') IN HEIGHT AT MATURITY .
TREE
LARGE , SELF-SUPPORTING WOODY
PERENNIAL PLANT WHICH NORMALLY
GROWS TO A MATURE HEIGHT OF AT
LEAST FIFTEEN FEET (15'), USUALLY WITH
ONE MAIN STEM OR TRUNK AND MANY
BRANCHES. MAY BE DECIDUOUS OR
EVERGREEN.
XERISCAPE
LANDSCAPE METHODS WHICH CONSERVE • WATER THROUGH THE USE OF
DROUGHT-TOLERANT PLANT$ AND
PLANTING TECHNIQUES.
Section a. SA!cb: Cl11.11e1 The City Council, hereby finda , determines, and • declares that this Ordinance is promulpted under the ceneral police power of the • • City of Englewood, that it is promulcated for the health, safety, and welfare of the • public, and that this Ordinance is nec:euary for the preaervation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bean a rational relation to the proper lesialative object sought to be obtained .
0
-I 5-
]-
•
•
•
·, •
f.
Section 4. Seyerabjlity If any clause , sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid , such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5 Inroneietent Ordjnoor&e Nothing herein contained shall be deemed a
waiver of the provisions of any other Code section or regulation applicable to
landscaping. I£ there is a conflict between the regulations in this Section and any
other Code section or regulations, the more stringent regulations shall apply.
Section 6 . Effect of repeal or woditicetjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not releue,
extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , er
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision ahall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as fir
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions .
Sectjon 7. &.na.lU:-The Penalty Provision of E .M .C . Section 1-4-1 shall apply to
e ach and every violation of this Ordinance.
Introduced, read in full, and pasaed on first reading on the 2nd day of March. 1998.
Published as a Bill for an Ordinance on the 6th day of March, 1998.
A Public Hearing was held on April 20, 1998.
Introduced read in full, amended and paaaed as an amended Bill for an
Ordinance on 4111 day of May , 1998 .
Published as an amended Bill for an Ordinance on the 8111 day of May , 1998.
Read by title and pa81ed on final readinc on the 18th day of May, 1998.
Published by title as Ordinance No .~ Series of 1998, on the 22nd day of May,
1998 .
Tbom u J . Bums, Mayor
ATTEST :
Lo ucn s hia A. Ellis, City Clerk
-16-
. '
•
• •
0
I I
]-
-
•
•
,..
• •
<.
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of the Ordinance pueed on final reading
and published by title as Ordinance No . ~ Series of 1998.
Loucriahia A. Ellis
-17 -
~----
" -
. '
• .
..
.,
• •
0
, -, I
•
ORDINANCE NO._
SERIES OF 1998
'
•
0
•
BY AUTHORITY
I•
COUNCIL BILL NO . 18
INTROD UCE D BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 13 AND 14 , AND
TITLE 16 , CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985,
PERTAINING TO 1-1 LIGHT INDUSTRIAL AND 1-2 GENERAL INDUSTRIAL
DISTRICTS.
WHEREAS, industrial zone districts adjoin or abut residential zone districts
throughout the City and that proximity has generated concern that heavy industrial
development might affect adjacent residential neighborhoods; and
WHEREAS , the proposed ordinance resulted from the City Council direction in
response to citizen concerns; and
WHEREAS, this proposed amendment to the Comprehensive Zoning Ordinance is
applicable in all 1-1 and 1-2 districts in the City of Englewood , Colorado; and
WHEREAS , the Englewood Planning and Zoning CommiBBion reviewed the
proposed ordinance and held a Public Hearing at their March 3 , 1998 Meeting;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS :
Se<;tjop l. The City Council of the City of Englewood , Colorado hereby amends Title
16, Chapter 4, Section 13 , entitled 1-1 Light industrial District, ofthe Englewood
Municipal Code 1985 , to read as follows :
16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT:
The 1-1 Industrial District is composed of certain industrial areas ofthe City plus
certain open areas where similar induatrial development appears likely to occur. The
1-1 Industrial District should be located near major roadways and truck routes so
that traffic generated from the Industrial Diltrict will not flood the residential
streets in the area. The regulatiollll for this District are desicned to stabilize and
protect the eBSent1al characteriebca of the Diltrict aa well BB the areas surrounding
the District. To these ends. development •• limited to light induatnal uaea plus
certain uses providing services to the area , and regulationa are established to
provtde for adequate screerung and to govern the Diatract . Both to protect residences
from an undes irable envtronment and to enaure the reservation of adequate areas
for 1ndustnal development. new rea1denbal development ia excluded from thia
D18tr1ct . except for caretaker {acihtiea and for mobile home parka for whlch a
Development Plan ba a been approved .
1 n recogrutaon of the growing importance of manufactured houamc m the national
ho u mg a upply and the nece 1ty for upcradinc BltlBtlnC mobile home parka within
-I -
"' -
•
10bii
..
•· •
0
,
-
•
•
• , .
•
<,
the City of Englewood , Colorado, mobile home parks will be permitted in this Zone
District.
In order to assure the amenities within existing mobile home parks that will be
rehabilitated or expanded and new parks which may be developed , such parks shall
be constructed in accordance with a Development Plan, for which standards,
specifications and regulations are set forth herein.
A. General Regulations: The provisions found in this Zone District shall be
subject to the requirements and standards found in~ E.M.C . 16-5,
General Regulations, ehhit! 'Fi.Me , unless otherwise provided for in this
Orlltnanee TITLE or an amendment hereto.
B. Planned UNIT Development: A Planned UNIT Development shall be filed for
the development of any lot having one or more acres in area . See Seetiett
E .M.C . 16-4-15 ef ,hill Shep~r (for development procedure.)
C . Permitted Principal Uaes : No land shall be used or occupied and no structure
shall be designed, erected, altered, used or occupied, except for one or more of
the following uaes :
1 . Any uae permitted in the B-2 Business District excluding residential use
except as permitted in Subsection C(2), mobile home parks. Each
permitted uae from the B-2 Zone District must also comply with all the
restrictions and requirements set forth in the section establishing or
allowing the permitted uae unless specifically modified by this Section.
2 . Mobile Home Park Development, see Development Procedure and
Standarda, Subsections N and O of this Section .
3 . Manufacturinc, Proceaaing And/Or Fabrication: The manufacturing,
proceuinc and/or fabrication, aa enumerated and limited herein, of any
commodity escept the following which are prohibited:
Abraaivea, ba1ic manufacture .
Alcoholic distillation.
Animal by-producta, basic manufacture and proceaaing.
Asphalt, manufacture and proceaaing.
AUTOMOBILE SHREDDING, CRUSHING, BALING ,
COMPACTING AND SIMILAR OPERATIONS .
BIOLOGICAL WASTE , PROCESSING .
Bone black, basic manufacture .
Carbon black or lamp black. basic manufacture .
Charcoal, basic manufacture .
Chemicala , heavy or industrial, ba1ic manufacture or proceaaing.
Cinde r and cinder blocks , baaic manufacture or proceaaing.
Coal or coke , manufacture or proceu ing .
Concrete and concrete products, manufacture or fabrication.
De tersenta, -P• .nd by-producta, uai.nc animal fat, basic
manufacture.
Ferme nted frwta and veptable products, manufacture .
Fe rt.tliren , manufacture or pl'OCleNlJII .
FIIJll)ClCIN . manufacture .
Gaaae,. other than mtropn a nd osypn. manufacture .
-2-
... -
• .
..
• •
0
, -•
-
•
•
•
• •
Glass manufacture .
Glue and size, manufacture .
Grain milling.
Graphite, manufacture.
Gypsum and other forms of plaster base, manufacture.
Insecticides, manufacture.
Insulations, flammable types, manufacture or fabrication.
Matches, manufacture.
Meat slaughtering.
Metal shredding, 1u1te 11hreillling and similar operations.
Metals, extraction or smelting.
Metals, ingots, pigs, sheets, or bare, manufacture .
Oils and fate, animal and vegetable, manufacture.
Paints, pigments, enamels, japans, lacquers, putty, varnishes,
whiting, and wood fillers, manufacture or fabrication .
Paper pulp and cellulose, basic manufacture.
Paraffin, manufacture.
Petroleum and petroleum products , manufacture or processing.
Portland and similar cements, manufacture.
Rubber, manufacture , or reclaiming.
Sawmill or planing mille.
Serums, toxins, viruses, manufacture.
Sugars and starches, manufacture.
Tannery.
Turpentine, manufacture .
Wax and wax products, manufacture.
Wood preserving by creosoting or other preuure impregnation of
wood by preservatives.
4 . Sale At Wholesale Or Storase: The sale at wholesale, the warehousing
and/or storage of any commodity except the following which are
prohibited:
5.
a . Live farm animals.
b . Commercial explosives.
c. Aboveground bulk storase of flammable liquida or gaues, unleu
and only to the extent that the atorase of 1uch liquids or ga111es is
directly connected with energy or heating devices on the premiaes or
to service railroad locomotives .
Sale At Retail: The aale at retail of the following :
a . Hardware .
b . Any commodity manufactured, proceued, fabncated or warehouaed
on the premiaea.
c. Equipment, 1uppliea and matenaJ. (except oommercual explosivea)
desi111ed e1pecially for ue ut qnculture, mininc, uuiuatry,
busineu, tranaportation , bwldinc and other conatructlon.
-3-
,,_
•.
..
• •
0
•
• •
'·
...
6 . Repair, Rental And Servicing: The repair, rental and servicing of any
commodity, the manufacture, processing, fabrication, warehousing or sale
of which commodity is permitted in this District.
7 . Contractor Yard For Vehicles, Equipment, Materials And/Or Supplies: A
contractor yard for vehicles, equipment, materials, and/or supplies which
complies with all of the following conditions:
a . Is properly graded for drainage, surfaced with concrete, asphalt, oil
or any other dust-free surfacing and maintained in good condition,
free of weeds, dust, trash and debris.
b. Is provided with barriers of such dimensions that occupants of
adjacent structures are not unreasonably disturbed, either by day
or by night, by the movement of vehicles, machinery, equipment or
supplies.
c. Is provided with entrances and exits so located as to minimize
traffic congestion.
d . Is provided with barriers of such type and so located that no
parked vehicles will extend beyond the yard apace or into the
required screening area if adjoining or adjacent to a residential
district.
e . Lighting facilities are so arranged that they neither unreasonably
disturb occupants of adjacent residential properties nor interfere
with traffic.
8 . Greenhouse .
9 . Newspaper distribution station.
10. Parking and/or commercial storage of operable vehicles .
11 . Railroad facilities , but not including shops .
12 . School for training in occupational skills , enrollment may be open to the
public or limited, may include dormitories for students and inatructors.
13 . Terminal for intracity or intercity vehicles for movement of persona or
freight .
14 . Ware hous ing and/or storage .
15 . Re cy cling operations, including, but not limited to, the proceu ing of
battenes , construction waste, food waate , g)au , metala and/or alloy1,
pa pers , plast ics and tire• which complies with Subaection C(l5)(a) of this
Section. as listed below . Buyback centers that do not proceu recycled
materials and store their materiala within an encloeed 1tructure or a roll -
off container. semi-trailer, or s imilarly self-contained appantua shall be
exempt from this Subsection C(l5).
-4-
----'
..
• •
0
,
-
-
•
• I • -.,
'·
a . The manufacturing of all materials shall occur within an enclosed
structure. The storage of materials may occur outside of the
structure providing said storage is in a roll-off container, semi-
trailer, or similarly self-contained apparatus . For operations not
conducted within an enclosed structure, see Subsection J(l)CI of this
Section.
16. Pawnbroker and automobile pawnbroker.
17 . Any similar lawful use which, in the opinion of the Commission, is not
objectionable to nearby property by reason of odor, duet, smoke , fumes ,
gas, heat, glare, radiation or vibration, or is not hazardous to the health
and property of the surrounding area through danger of fire or explosion.
D . Prohibited Uses:
1. No sales or service activity shall be allowed from any temporary structure
or vehicle when a building permit application has not been submitted for
a permanent building or structure to replace the temporary structure.
2 . The height of materials or equipment being stored shall not exceed the
height of the screening, fence or wall.
E . Maximum Gross Floor Area In Structures: The sum total of the grosa floor area
in all structures on a lot, excluding the gross floor area of off-street parking
garages, shall not be greater than two (2) times the area of the lot on which
the structures are located. This does not apply to mobile home parks.
F . Minimum Setback: Where an I-1 building site abuts upon, adjoins or is
adjacent to a residential zone diatrict, eetback of ten feet (10') ia required
except as provided in Subeection L of this Section. This does not apply to
mobile home parks.
G . Minimum Private Off-Street Park.inc: (See Chapter-H-5 of this Title, General
Regulations .)
H . Minimum Private Off-Street Loscling: (See Chapter-H-5 of this Title, General
Regulations .)
1. Accesaory Buildings And Permitted AcceBSOry Uee1 : Any acoeaaory building or
uae incidental only to permitted principal uae, which acoeBSOry building or uae
co mpliea with all of the followins conditions:
I . Mobile Home Park Planned Deve lopme nt:
a . Service building.
b . P a rk offi ce and manapr'1 livmc urut.
c. Recrea u onal Cacili tae1, both andoor a nd outdoor, provided for the uee
of ooc upan ta of the park a nd their sue1t1 .
d . Storare uru ta a nd bwldinp.
-5-
,-
•
• •
0
, 'l'J I
]-
J
•
•
•
• •
'·
e . Private off-street parking, may be enclosed .
f. Vending machines for the convenience of the occupants of the park,
i.e ., soft drink, candy or ice-dispensing machines .
g. Day care center.
2 . All Other Permitted Principal Uses: The accessory use shall:
a . Be clearly incidental and customary to and commonly associated with
the operation of the permitted principal use.
b . Be operated and maintained under the same ownership, or by
lessees or conceBBionaires thereof, and on the same lot as the
permitted principal use .
c. Not include structures or structural features inconaistent with the
permitted principal use .
d. Not include residential occupancy other than by caretakers or
watchmen.
e. Be limited to a gross floor area of not more than ten percent (10%) of
the area of the lot on which the permitted principal use is located, if
the accessory use is operated partially or entirely in detached
structures.
f. Not be greater than ten percent (10%) of the gross floor area of the
structure containing the permitted principal uae if operated partially
or entirely within the structure containing the permitted principal UBe
(except garages, loadiq docka and company dininc room,).
J . Conditional Uses: Provided the public intereet is fully protected and the
following UBes are approved by the City Planning and Zoning Commiaeion and
City Council :
l. Uses :
a . Automobile wrecking yards and junk yards .
(l) Any automobile wrecking yard or junk yard opened after the
effective date ofthia 9,llim-SECTION ahall be on a parcel
or adjoirung parcele of not le M than one acre but not to exceed
one and one-half (1 1/1) acrea .
(2) Any automobile wrecking yard or junk yard approved punuant
to the provi9aona of ttua 9,._ SECTION or any exiatiq
automobile wrecltins yard or Junk yard expanded under the
provis1ona ohlm 9.t· 11 SECTION, ahall be aet back no
leas than one hundred fifty Ceet (150') from the boundary line of
any reaidential sone diatrict.
(3) Any automobile wrecking yard or Junk yard approved punuant
to the proviBlona of ttua 9, ..... w SECTJON ahall be enc:lc.ed
-6-
. ,
•
•.
..
• •
0
f """" , I
]-
]
•
• -
on its perimeter with a solid, nontransparent vertical wall or
fence with a minimum height of six feet (6') and a maximum of
twelve feet (12') measured from ground level. Fences of woven
wire or chainlink materials shall be prohibited.
(4) Any automobile wrecking yard or junk yard appre.eli p11re11Snt
t,e the pre .-ieiene ef thta Qr!linanee anti aH , arlie ellieting en the
elJeeti, e liate ehhta Qrliil'l8:nee shall comply with Title 5 ,
Chapter 10 of the Englewood Municipal Code, as amended ,
entitle& .'\cttt.8 Wreelrmg anti dttnlr Yarlie, and all other
applicable codes or ordinances.
(5) Any automobile wrecking yard or junk yard which is licensed by
the City on the effective date of this 9rlhnanee SECTION shall
be deemed to be an approved yard whether or not it has a
minimum area of one acre, and such yard may be expanded
onto abutting property, provided that such expanded yard
conforms to the requirements of this and any other applicable
codes or ordinances.
b . Amusement establishments including, but not limited to, billiard
halls, bowling alleys, coin-operated games, dance halls, electronic or
video games, night clubs, outdoor commercial recreational facilities ,
pool halls, or skating rinks.
c. Recycling operations, including, but not limited to, the processing of
batteries, construction waste, glass, metals and/or alloys, paper,
plastics and tires, excluding food waste, automobile wrecking yards
and junk yards as cited in Subsection J(l)(a) of this Section. Buyback
centers that do not process recycled materials and store their
materials within an enclosed structure or a roll-off container, semi-
trailer, or similarly self-contained apparatus shall be exempt from
this Subeection J(l)(c).
(1) Any recycled material manufacturing opened after the effective
date of this Subeection J(l)(c) shall be located on one or more
contiguous parcel(s) which total area shall not be less than one
acre.
(2) The manufacturing and storage of all processed and
unprocessed materials shall be enclosed with a solid .
nontransparent vertical wall or fence with a maximum height of
eight feet (8') on the parcel(•) frontage and twelve feet (12') on
the parcel(s) aide and back boundaries. Fences of woven
plastic, wire or chain link shall be prohibited.
3) The stockpiling of all processed and unprocessed materials
shall not exceed the height of the wall or fence .
(4) No more than seventy-five percent (75%) of the paroel(a) total
size may be utilized for the storage of processed or unproce1111ed
materials.
.7.
•
..
• • •
0
I
-
•
•
• •
..
(5) All recycled material manufacturing businesses operating under
a conditional use provision shall be subject to yearly
administrative compliance review of the adopted conditions.
d. Temporary employment businesses as defined by and which are
required to be licensed under Title 5 of this Code , shall comply with
the following requirements in addition to the provisions of 16-5-21
E .M.C.:
(1) Shall be located no closer than one thousand feet (1 ,000') from
any residential zone district.
(2) Shall be located no closer than one thousand feet (1 ,000') from
any establishment selling alcohol by the package or drink.
(3) Shall be located no closer than one thousand feet (1 ,000') from
any puulic gathering facility.
(4) With respect to the distancing requirements in this subsection
between a business premises for which a temporary
employment service is proposed and another use , the distance
shall be measured by following a straight line from the nearest
point of the property line of the business premises of the
proposed temporary employment aervice to the nearest point of
a residentially zoned district or the property line of the specific
use listed.
E . HAZARDOUS WASTE , INCLUDING BUT NOT LIMITED TO
THE STORAGE , PROCESSING, COLLECTION, OR
WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL
OF THE CONDITIONS LISTED BELOW.
(1) HAZARDOUS WASTE OPERATIONS SHALL CONFORM
TO ALL APPLICABLE STATE AND FEDERAL
REQUIREMENTS NECESSARY FOR THE OPERATION OF
A HAZARDOUS WASTE FACILITY.
(2) HAZARDOUS WASTE OPERATIONS SHALL CONFORM
TO ALL APPLICABLE CITY REGULATIONS .
(3) PROCESSING OF HAZARDOUS WASTE SHALL BE
CONDUCTED ENTIRELY WITHIN AN ENCLOSED
STRUCTURE . STORAGE OF HAZARDOUS WASTE SHALL
BE CONTAINED ENTIRELY WITHIN AN ENCLOSED
STRUCTURE OR WITHIN AN APPROVED ABOVE-
GROUND STORAGE TANK.
(4) HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED
A MINIMUM OF FIVE HUNDRED FEET (500') FROM THE
BOUNDARY LINE OF ANY RESIDENTIAL ZONE
DISTRICT OR PARK .
-8-
--------
"' -. ,
• .
..
., •· •
0
l •
• ,, -
0
·, •
..
(5) HAZARDOUS WASTE OPERATIONS SHALL CONFORM
TO ALL CONDITIONS OF SUBSECTION K:
LIMITATIONS ON EXTERNAL EFFECTS OF USES .
K . Limitations On External Effects Of Uses: Every use established or placed into
operation after the effective date of this Ormnanee SECTION shall comply
forthwith with the following limitations. All uses established and in operation
on the effective date of this Ordi11a11ee SECTION shall be made to comply with
the following limitations:
1. Volume Of Sound Generated: Every use, unless expressly exempted by
thte Ordinanee THE CITY COUNCIL, shall be so operated that the ..
volume of sound inherently and recurrently generated does not exceed
seventy (7 0) decibels at any point of any boundary line of the lot on which
the use is located.
2 . Vibration Generated: Every use shall be ao operated that the ground
vibration inherently and recurrently generated is not perceptible, without
instruments, at any point of any boundary line of the lot on which the
use is located .
3. Emission Of Heat, Glare , Radiation, Dust And Fumes: Every use shall
be so operated that it does not emit an obnoxious or dangerous degree of
heat, glare , radiation, dust or fumes beyond any boundary line of the lot
on which the use is located.
4. Outdoor Storage And Waste Disposal:
a . No highly O.ammable or explosive liquids, solids or gasses shsll be
stored in bulk above ground. Tanka or drume of fuel or railroad
locomotive fueling or directly connecting with enercY devices ,
heating devices , or appliancee located on the same lot as the tanke
of drum, of fuel are excluded &om thia provision .
b . All outdoor Btorap facilibee for fuel, raw materials and products
and all fuel , raw matenale and produc:te stored outdoors ehall be
enclosed by a eolid fence or wall adequate to conceal such facilities .
fuel, raw materiala and producta from adjacent residential
dietricte; provided. however. that euch fence or wall need not exceed
eight feet (8') m hei.cht.
c. No matenale or wa1te1 •hall be depoeited upon a lot in such form
or manner that they may be tranaferred off the lot by natural
caueea.
5 . Liquefied petroleum gH UUJtallaboos 1hall conform to current Fire Code
reqwremenu.
6 . No uee shall be undertaken m a manner that creates a common • • • nuiaance .
L . Screening: In an effort to leeeen the incompatibility between a residential
district and an mduatrial diatnct where thole dietricta abut, adjoin or are
adjacent, one to the other, it ia deemed neceaaary that the owner of the uee in 0
-9-
I I
]-
l
•
• -
the industrial zone district take certain measures to protect those persons in
the residential district. Persons in the residential district shall be protected
from the possible adverse effects of the noise and lights from cars, the passage
of materials or wastes from parking lots, loading areas and storage yards and
to discourage juveniles from trespassing in hazardous areas where the storage
of equipment and supplies may create an attractive nuisance. One of the
following provisions shall be applied:
1. Setback/screening in addition to the landscaping requirements. There
shall be no less than a ten foot (10') setback from the property line where
it abuts, adjoins or is adjacent to a residential district. The setback area
shall be landscaped with lawn, trees and shrubs of both a deciduous and
evergreen variety. Such landscaping plan shall be filed with the building
permit application.
2. As an alternative to Subsection L(l). The portion of the property which
abuts upon, adjoins or is adjacent to the residential zone district shall be
screened by a decorative , closed-face or solid concrete, block, wood , or
brick fence not less than six feet (6') high, which fence need not be set
back from the property line .
3 . No building or portion thereof shall qualify as a wall , screen, or fence
under the provisions of this Section.
An exception to this subsection shall be made as necessary at an
intersection or at an entrance to an alley or driveway in order not to
obstruct the view of a motorist except as provided in 11'111111eet!isae
lS I 1785, lS I l8Clg and E .M .C . 16-5-14.
M . Landscaping: ~ Landscaping SHALL BE IN ACCORDANCE WITH
9rdi111111ee lS t 18 eE this Title.
N . Procedure for Development of Mobile Home Parks.
l. Mobile Home Parlr. Development Plan required. At the time the
application is submitted for the Mobile Home Parlr. Planned
Development, either for the expansion of an exilltinc parlr. or for a new
park, the applicant shall submit twenty-five (25) copies of a Development
Plan for the proposed parlr.. This plan shall comply with all applicable
City codes and with the provisions of this Chapter and shall include all of
the information in Subsection N(2) hereof.
2. The procedure for proceBBing the Development Plan 1hall be in
accordance with eeeliett E .M .C. 16-4-15 shhe 6smpreheMi.e Z.,111111
9reli1111nee , however, where additional information or specific procedure is
required herein, those provisions shall prevail.
-I 0-
"' -
-
! ''""l'
• •
,
-
-
•
•
\ ,..
• t•
. • '
0 . Standards for Development of Mobile Home Parks.
l. Mobile Home Park site location. The Mobile Home Park shall be located
on a well-drained site, shall not be within the lines of a 100-year flood
plain or flood hazard area, and the site shall be made free from marshes ,
swamps or other potential breeding places for insects or rodents. The site
should not be exposed to undue chronic nuisances such as noise, smoke,
fumes or odors.
The topography on the Mobile Home Park site should be favorable to
minimum grading, mobile home placement and ease of maintenance. The
longitudinal grade for the individual space shall not exceed five percent
(5%) and an adequate crown or cross-gradient for surface drainage shall
be provided.
2. Information to accompany the Mobile Home Park Development Plan. A
complete Development Plan for the purpose of obtaining a Mobile Home
Park permit shall be drawn to scale (not smaller than 1 " equals 20')
and shall show or state:
a. The area and dimensions of the tract of land.
b . Contours when topography is a design factor and required by the
City Engineer.
c. The number, location, and size of all mobile home dwelling unit
spaces, with each space designated as "mobile home" and showing
the location of the individual storage building, fencing, outdoor
livability area, and service space.
d . The location and width of all internal roadways and sidewalk.&.
e . The location and size of automobile parking lots and layout of
parking spaces and maneuvering areas .
f . The location of the service buildings and any other existing or
propoaed structures, including the outline of the structures and
overall dimensions .
g.
h .
i .
j .
k .
The location and intended development of recreation facilities and
other open areas, excluchng parking and maneuvering areas .
The size and location of exiating and propoaed water and sewer
connections, location of fire hydrants, and methods to be used for
trash and garbage disposal.
Designated fire lanea.
Adjacent atffets, 1bowing rights-of-way and roadway widtha.
Adjacent buildings, s howing outlines of the buildinp and the
number of Ooora .
-I I -
"' -
•
..
•· •
0
r ~" ., I
•
• t•
•
'·
---------~------~-
I. Plans and specifications for all buildings, utilities and other
improvements constructed or to be constructed within the park.
m . Any additional information which will aid in the consideration of
the proposed Mobile Home Park Development Plan.
3. Minimum area of Mobile Home Park.
a. Mobile Home Park 8 acres.
4. Maximum density.
a. Mobile Home Park 8 mobile home dwelling
unit spaces per acre .
5 . Maximum Jot coverage. The maximum coverage of the mobile home lot
shall be thirty-five percent (35%) except as provided herein:
a. Where a roof area, such as a carport or outdoor recreation shelters,
is open for fifty percent (50%) or more of its perimeter, its lot
coverage shall be computed as one-half (1/2) the area covered by the
roof.
b. Where the lot is adjacent, and has acceBB to improved common
open space, other than vehicular areas, and not less than twenty
feet (20') in width, an additional five percent (5%) of the lot may be
occupied.
6 . Minimum lot dimenaiona and shapes. Minimum lot widtha and areu
shall be u required to meet lot coverage and yard, mobile home and
building IIJ>IICUll, and other requirements u set forth herein. So long u
theae requirementa are met, and the reaulting layout of the Iota ui
functional and providee for efficient provwon of utilities and for
convenient pedeatrian and vehicular acce1111, lot lines •hall not be
required to be perpendicular to atneta or radial to curves, and lot ahapea
may take any form, provided, however, that in no case shall any area on
the lot more than fifty feet (5()') from the mobile home, nor any portion of
the lot le1111 than ten feet (10') in minimum dimenaion between opposing
lot lines, be included in required lot or open apace area.
7 . Perimeter yarda.
a .
b .
Adjoining public atreeta . Where one or more boundaries of the
Mobile Home Park Planned Development adjom public atreeta, a
yard of at leaat twenty five feet (25') in depth ahall be provided
adjacent to auch boundary.
Adjoirung alleya. Where the boundary of a Mobile Home Park
Planned Development adjoina an alley, a yard of at leut ten feet
(10') in depth ahall be provided adjacent to •uch boundary.
-12-
__ ------..--•wihl;. '
'I
..
• •
0
l
-
8 .
•
•
. ' •
..
c . Adjoining a residential district. Where a Mobile Home Park
Planned Development adjoins a residential district (R-1 , R-2 ,
R-2-C , R-2-C/S.P.S., R-3 or R-4) without an intervening street or
alley, a yard of at least twenty feet (20') in depth shall be provided
adjacent to such boundary.
d. Adjoining a business or industrial district. Where a Mobile Home
Park Planned Development adjoins a business or industrial
district (B-1, B-2, 1-1, 1-2) without an intervening street or alley, a
yard of at least twenty feet (20') in depth shall be provided
adjacent to such boundary.
e. Exceptions. If determined necessary in order to provide protection
to residents within a Mobile Home Park Development from
excessive traffic noise , lights or other adverse influences from
outside of the development, a greater depth and/or approved screen
planting, walls or fences may be required in a yard. Such
determination shall be made by the City Planning and Zoning
Commiesion in conjunction with the consideration of the Mobile
Home Park Planned Development Plan.
f. Inclusion as part of individual lots and yards . Except as otherwise
may be specifically provided, the yard may be included in
individual lots and used to meet yard or area requirements for the
mobile home thereon, if the yard is appropriately located and
improved .
g . Limitations on use of yards adjoining residential districts. No
group parking facilities and no active recreation facilities for
common use shall be located in any required yard adjoining lots in
a residential district.
Livable open apace on Iota . Livable open space shall be provided on lots
for mobile home, in an amount equal to not le11 than ten percent (10%)
of the lot area, provided that in no caae s hall the required livable apace
be leas than three hundred (300) aquare feet . Such required livable space
shall have a least dimenaion of not le11 than fifteen feet (15'). Such space
eball be located for privacy , convenience and optimum uae and shall be
walled , fenced or planted to uaure reuonable privacy. Within such area ,
an area suitably surfaced for the placement of garden or lawn furniture
s hall be provided, which 1urfaced area ahall be not le11 than one
hundred (100) aquare feet in area with a least dimension of ten feet (10').
The e urfaced area may be a movable element in order to permit
maumum flenbility in provufinc for a vanety of mobile home width&,
floor plans and locations on the lot. Thia area may be covered with a roof,
creatinc a recreational ahelter, s ub,ect to limitations on maximum lot
coverace . Parlunc area• and dnvewaya ahall not be included in required
livable open apace.
-13-
• •
0
, I
]-
]
•
•
r"
• ,~
•
a . Yards, open space adjacent to mobile home units and spacing of
units.
(1) Intent. Yards and other open spaces required herein in
relation to the mobile home dwelling units are intended to
perform a variety of functions. Among these are to assure
adequate privacy, and to provide usable outdoor living space,
a desirable outlook from the principal living room exposure,
natural light and ventilation, access to and around the units,
off-street parking and spacing between the mobile home
dwellings and between the dwelling unit and other buildings
for reducing potential adverse effects of noise , odor, glare or
hazards from fire .
It is intended in these regulations to relate
requirements to performance of these functions,
allowing maximum fiexibility in detailed site planning
and use in so long as performance standards are met.
(2) Dwelling unit exposure and outlook. For purposes of relating
requirements to function , yards and other open spaces
around the mobile home dwelling units, distances between
dwelling units and other buildings shall be determined by
exposures and outloob from the portions of the dwelling
units involved . Exposures of portions of dwelling units and
the minimum open space depth are defined and claSBified as
follows :
(A) Cius A -portions of walla oontsinin& principal livinc
room eq,oeure t.o outdoor living area throuch major
windows and/or sla.-d doon. Prime conaideration
here ia direct view of, and convenient acceaa to, outdoor
livable apace .
In cuea where two (2) w.U. of the dwe11ing unit
provide this type al eq,oeure from the living room ,
either may be selected u the ClaN A eq,oeure,
and the other shall be OODBidered Cius C.
Claae A expoeure1. Minimum open space depth
for Claae A Hpo1ure1 lhall be fifteen feet (1 5').
The ClaN A eq,oeure ,ball be to livable space ,
required or other, on the lot, and not to parkinc
area or driveway area.
-14 -
----~-.~ '
,, _
• .
..
•
0
l
]-
•
,..
• •
. '
(B) Class 8 . Portions of walls containing the only windows
for bedrooms, or principal windows and/or glaBBed
doors for bedrooms, where privacy, moderate outlook
and light and air are principal considerations.
ClaBB 8 exposures. Minimum open space depth
for ClaBB 8 exposures shall be ten feet (10'). This
may include livable open space, and parking and
driveway areas on the lot.
(C) ClaBB C . Portions of walls containing secondary
windows for bedrooms, windows for kitchens,
bathrooms, utility rooms, and the like, secondary
windows for living rooms, or exterior doors other than
entries with ClaBB A orientation, where windows
involved do not involve privacy or are 80 located,
shielded, or are of such a nature that neceBBary privacy
is aBBured, and where light, air, and fire protection are
principal considerations.
Class C exposures. Minimum open space depth
for Claas C expoaures shall be eight feet (8'). This
may include the same types of open space as for
8.
(D) Clue D. Portiona of walls containing no windows,
doors , or other openinp, but not 80 constructed or
ufesuarded u to be suitable for attachment to other
d-llinc units or principal buildinp. Principal conoem
in aucb cues is with tire protection.
Clua D e1EpOBures . Minimum open space depth
for Clua D e:q,osures shall be five feet (5'). This
may include the -e type• of open apace 88 for
8 .
(E) Clua E. Portiona of walls containinc no windows, doors
or other openinp, and so conetructed or safeguarded 88
to provide at leut one-hour fire protection if it were
attached to another mobile home dwelling unit or to a
permitted buildiq.
Claas E exposures. No minimum open apace
depth requirements.
-15-
. '
•
• •
0
]-
]
•
• •
9. Distance to common areas. Except as provided above, distance from any
exposure to a street pavement or to the edge of a common driveway, a
common parking area, a common walk, or other common area shall be at
least eight feet (8'). For Class A exposure this distance shall be at least
fifteen feet (15'). Carports open in a manner which assures compliance
with the provisions of Subsection 0(5), Maximum Lot Coverage, may
extend to within four feet (4') of a common sidewalk adjacent to a street
or common parking area, or to within four feet ( 4') of the street pavement
or common parking area if no such sidewalk is involved; but the carport
may not be in the required livable space or in any portion of the open
space which constitutes a Class A exposure.
10. Carports, individual recreational shelters, storage facilities in required
open space .
a . Carport. A carport enclosed for fifty percent (50%) or less of its
perimeter, and with enclosure of ten percent (10%) or less of the
portion of its perimeter opposite any Class B or C exposure, may be
located in any portion of the open space on the lot which is not
required livable space and does not constitute Class A exposure.
b . Individual recreational shelter. An individual recreational shelter
as described in Subsection 0(8), enclosed for fifty percent (50%) or
less of its perimeter in a manner which does not constitute
undesirable impediment to view or fire hazard may be located in
any livable apace on the lot.
c. Storage facilitie1 . Storage facilitie1 may be included as part of the
encloaure for carportl and recreational structures subject to the
limitatiom eet forth above . Independent atorage structures
containing not more than one hundred (100) cubic feet of storage
space may be located in any portion of required open apace on the
lot, provided that u located and conatructed auch structures do not
constitute undesirable impediments to view or fire hazards.
11 . Spacing of mobile home dwellinc units on adjacent lots. Minim um
required distances between mobile home dwellinc units, or additions
thereto enclosed for more than fifty percent (50%) of their perimeters,
shall be the sum of the required distances for the exposures involved .
12. Equivalent spacing alternative. Ali an alternative to providing required
open space between units or portions of units as the 1um of adjoining
open space• on individual Iota, where equivalent apacing can be uaured
in a form appropriate to the expoaurea involved by decnuing clearance
from the lot line on one lot and increaaing clearance from the lot line on
the other, this arrangement may be permitted, provided that acceaa for
servicing and maintenance of units involved can be aNured, and further.
provided that minimum open apace depth for Clan A exposures shall be
located on the same lot aa the unit. Thua, for example , in a row of lots on
which Class A expoaurea faced eta .. C exposures, callinc for minunum
open space depth of fifteen feet ( 1 5') on the lots with Clau A expoaure
and eight feet (8') on the lots with eta .. C , the units could all be moved
-16-
"' -.
• .
•· •
0
I
]-
•
•
•
• -
to the lot line on the Class C exposure side if the minimum depth on the
Clase A exposure side was increased to twenty-three feet (23').
13 . Occupancy of mobile homes .
a . No mobile home shall hereafter be occupied unless it is parked in
an approved Mobile Home Park.
b . No mobile home shall be occupied in a Mobile Home Park unless
the mobile home is situated within a designated space and on a
HUD approved foundation or on a concrete slab of not leBB than
four inches (4") in thickneBB and no smaller than the outside
dimensions of the mobile home to be accommodated.
c. Jacks, or stabilizers, or precast concrete block with a base not lees
than sixteen inches by sixteen inches by four inches (16" x 16" x 4"),
must be placed under the frame of the mobile home to prevent
movement on the springs while the home is parked for occupancy .
14 . Skirting. All mobile homes shall be permanently sited according to HUD
standards or shall be completely enclosed from the floor to the ground
with a noncombustible material. Enclosures shall be vented by the
installation of two (2) openings not leBB than one square foot each,
located at diagonal comers from each other and covered with a corrosion-
resistant screen or grill having openings not leBB than one-quarter inch
('/,) nor more than one-half inch (1/z ") in any dimension. One acceBB door ,
a minimum of eighteen inches by twenty four inches (18" x 24"), shall be
installed in the skirting ahead of the front axle and one behind the rear
axle of the mobile home.
15. Mobile home wind security . Each mobile home in a Mobile Home Park
shall be protected against wind forces by the installation of overhead ties
and frame ties anchoring the home securely to the ground, as follows :
a . Required number and types of ties.
b .
(1 ) Mobile homes 30' -50' --3 frame ties per aide .
(2) Mobile homes 50' -70' --4 frame ties per aide .
(3) Mobile homes over 70' --5 frame ties per aide .
(4) Over-the-home ties as cloae to e ach end as possible with
straps at stud end and rafter location .
(5) Posts for cabanas and awnings must be securely anchored to
a concrete patio or equivalent footing .
Anchoring apecificationa .
(1) Auger or deadman type anchors, 6" in diameter. Arrowhead
type anchors. 8" in diameter.
-1 7-
..-...,_,___ --.
. ,
•
..
•· •
0
'--I •
-
]-
•
• •
(2) Auger or arrow head anchors should be sunk to depth of four
feet (4'). "Deadman" type anchors should be sunk to depth of
five feet (5').
(3) Anchor rod, 5/8" diameter with ends welded closed to form an
eye . Must be hooked into concrete where used in deadman
anchors.
c. Tie and connector specifications.
(1) Ties shall be galvanized steel straps l'/, x .035 or woven
wire, galvanized or stainless steel cable 3/o" diameter or 1/,'
aircraft cable.
(2) Connectors shall be turnbuckles 5/o" diameter of drop forged
steel with ends welded or forged closed to form an eye or
other tensioning devices of similar strength.
16. Standards for street system.
a. The street system within the park shall be so designed that access
to all lots used for parking mobile homes shall be from within the
park. No lot shall be so laid out or improved as to permit direct
access to any public street or highway.
b . Streets leading into the park from public streets and highways
shall be paved to a width of at least forty feet (40') for a distance of
at least one hundred feet (100') from the public street or highway ,
and no parking shall be permitted on such streets within twenty-
five feet (25') of the public street or highway.
c. Other streets in the park shall be paved to a minimum width (curb
to curb) of twenty-eight feet (28') for one-way street.a, thirty-ei(ht
feet (38') for two-way streets, where parking is permitted. For each
side of such street.a on which parking is prohibited, minimum width
may be reduced by eight feet (8').
d . Curves on all access roads shall have a minimum inside radius of
not less than twenty feet (20').
e . Dead-end streets may be used, provided that no auch atreet shall
exceed four hundred feet (400') m len,th. and that auch atreets
shall be provided at the closed end with a turn around of at least
forty-five foot (45') radius at the out.aide edce of the pavinc.
f. All streets within the park ahall be built to City of Enclewood
construction specifications, and 1hall include curb and cutter.
g . Signs shall be placed at street interaect1on1 within the park
desi1natin1 the mobile home apace numben located alone each
street. The letters on such licna ,hall be a minimum of three
inches (3") in hei1ht and ,hall be refiectorized.
-18-
•
..
• •
I I
-
-
•
•
•
·, •
17. Parking. In Mobile Home Parks, not Jess than two (2) parking spaces
shall be provided for each mobile home space . Parking spaces shall be
conveniently located with respect to normal anticipated use by tenants
and visitors and in relation to service facilities. Such parking spaces shall
be not Jess than nine feet by twenty feet (9' x 20').
18. Walkways. Concrete walkways not Jess than twenty-four inches (24")
wide shall be provided from mobile home spaces to streets, and all other
concrete walkways shall be at least thirty inches (30") wide.
19. Screening. Adequate protection shall be provided the residents of the
park from any undesirable off-site views or any adverse influence from
adjoining streets and properties. To this end, the park shall be
surrounded by a fence , wall, or planting screen on all sides abuttinc or
adjacent to other private property, or an arterial street or highway. If a
fence or wall is used, it shall be at least six feet (6') in heicht and of aolid
construction. If vegetation is uaed in place of a fence or wall, it shall be of
a nature which provides equivalent protection to the property and to
neighboring property. Notwithstanding other requirements of this
provision, no fence , wall or vegetative screeninc shall be permitted to
extend into any required exterior yard at a height or in a ma.mer which
materially impedes the visibility of a motorist exitinc from the park onto
a public street.
20. Recreational area. For children's play and adult recreation, not leBB than
eicht percent (8%) of the groBB area shall be aet u1de and appropriately
improved, and this area shall not be uaed for any othrr purpoee. The
children's play area shall be ao located and protected u to minimize
dancer from traffic. Recreation areu may include space for a community
bwldins and community uae facility 1uch u indoor reaoeation area,
IWimminc pool or hobby workshop .
a . Street and yard lichta ,hall be provided m 1uch number and
intenaity u to inaure safe movement of vehidea and pedestriana at
nicht.
b . Each aervice buildinc ahall be adequately lichted inaide, and ,hall
have out11de lichtl large enough to illummate the immediate area ,
which lichta 1hall be placed in 1uch a manner that idenbfyuac •icna
are readable at nicht .
22 . Clothes dry1111 area required. Adequate ma1de dryull faahue, ac\,acent
to the w aahinc facilitie1 in the aervice butldmc ,hall be pl"OVlded .
Umbrella-type dryull facilitie1 may be mstalled in the indmdual mobile
home space u a part of the ba1ic facilitiea .
-19-
. '
..
• •
0
l I
•
• •
<.
23. Fire protection requirements.
a. All portions of any park shall be within five hundred feet (500')
of.fire hydrant of size and design conforming to the City of
Engl~wood Fire Code.
b. Every park shall be equipped at all times with supplementary fire
extinguishing equipment in accordance with the City of Englewood
Fire Code. Fire extinguishers which are provided shall have a
minimum rating of 2A-10 BC lJ/L.
c . Each park shall have designated fire lanes, the location,
dimensions and construction of which shall conform to the City of
Englewood Fire Code .
24. Service building requirements.
a. Service building requirements for mobile home parks. Every mobile
home park shall provide adequate sanitary facilities for emergency
use in a service building or buildings. These facilities shall consist
of at least one tlushtype toilet and one lavatory for each sex. Such
facilities shall be maintained in a clean and sanitary condition and
in working order at all time.
b . Additional service building requirements. Service buildings:
(1) Shall be located at least fifteen feet (15') from any mobile
home apace.
(2) Shall be of moisture-resistant material on the inside, to
permit frequent waahinc and cleaning and shall be
adequately lighted.
(3) Shall be of permanent conatruction of one-hour fire rating,
complying with City of Englewood Building Codes.
(4) Shall have adequate heating facilities to maintain a
temperature of sixty eight degrees (68') Fahrenheit during
cold weather, and to supply adequate hot water during peak
hour demands .
(5) Shall have all room& well ventilated with all openinp
effectively acreened .
(6) Shall provide separate compartments for each water cloeet,
adequately acreeninJ other compartment.a from view. The
toilet and other sanitation facilitie1 for maln and female,
shall be either in aeparate buildinp or shall be aeparated, if
in the same building, by a aoundproof wall . The unitation
facilities for male, and females aball be diatinctly marked to
denote the aex for which they are intended.
-20-
..
• •
0
1 .... -. I
-•
• •
..
23 . Fire protection requirements.
a. All portions of any park shall be within five hundred feet (500')
of.fire hydrant of size and design conforming to the City of
Englewood Fire Code .
b . Every park shall be equipped at all times with supplementary fire
extinguishing equipment in accordance with the City of Englewood
Fire Code. Fire extinguishers which are provided shall have a
minimum rating of 2A-10 BC U/L.
c . Each park shall have designated fire lanes, the location,
dimensions and construction of which shall conform to the City of
Englewood Fire Code.
24 . Service building requirements.
a . Service building requirements for mobile home parks. Every mobile
home park shall provide adequate sanitary facilities for emergency
use in a service building or buildings. These facilities shall consist
of at least one fluabtype toilet and one lavatory for each sex. Such
facilities shall be maintained in a clean and sanitary condition and
in working order at all time.
b . Additional service building requirements. Service buildings:
(1) Shall be located at least fifteen feet (15') from any mobile
home apace.
(2) Shall be of moiature-reaiatant material on the inaide , to
permit frequent waahinc and cleaning and shall be
adequately lighted .
(3) Shall be of permanent oonatruction of one-hour fire rating,
complying with City of Englewood Building Codes.
(4) Shall have adequate heating facilities to maintain a
temperature of sixty eicht degrees (68') Fahrenheit during
cold weather, and to supply adequate hot water during peak
hour demand•.
(5) Shall have all room• well ventilated with all openings
effectively acreened .
(6) Shall provide separate compartmenta for each water closet,
adequately ecreening other compartmenta from view. The
toilet and other sanitation facilitiea for malea and female•
shall be either in aeparate buildinp or ahall be separated, if
in the same building, by a aoundproof wall . The sanitation
facilitie1 for malea and female• ahall be diatinctly marked to
denote the aex for which they are intended.
-20-
•
..
• •
0
I ? I
-•
• •
25 . Water and sanitary sewer service and plumbing regulations .
a . Water supply .
(1) An accessible, safe, and potable supply of water, with a
res idual pressure of not less than twenty (20) PSI at each
mobile home site under normal operating conditions, shall be
provided in each mobile home park. Where a public supply of
water is available, connection shall be made thereto and its
supply shall be used exclusively except a private water
supply may be used for irrigation purposes .
(2) The development of an independent water supply to serve the
park shall be made only after express approval has been
granted by the City and plans and specifications for the
water system have been approved by the City and State
Department of Health.
b. Public sewer system connection required . Parks shall be connected
to the public sewer system , and such connection shall be approved
by the City . All sewage disposal apparatus, including
appurtenances thereto, shall be provided, maintained and
operated so as not to create a nuisance or health hazard . The
usage of the sewer shall conform to all City ordinances.
c. Plumbing regulations. All plumbing in the mobile home park shall
comply with State and City of Englewood Plumbing Codes and
Regulations.
26. Electrical requirements.
a . Services.
(1) Electrical services in mobile home parka shall comply with
the requirements of the National Electrical Code, the
Electrical Code of the State of Colorado, and the Municipal
Code of the City of Englewood .
(2) Electrical distribution system, in mobile home parks shall be
installed underground. Such installation s hall be in
conformance with the National Electncal Code .
(3) Mobile home s paces shall be provided with an approved
raintight power outlet panel with pedestal co ntaminc one
hundred (100) amp . main disconnect. one l lOV 20A GFI
receptacle, and one receptacle rated at fifty (50) ampa.
protected by a fifty (50) amp . circwt breake r . Each pedeatal
shall be installed within eichteen inches (18") of the mobile
home . The pedestal shall be permanently uutalled on a
poured concrete poat or approved metal frame leCW'ed in
concrete set thirty inches (30") below crade. Bottom of
pedeatal houainc ahall have a minimum heacbt of eisbteen
inches (18") above crade.
• 2 1-
"' -
..
• •
0
, I
]-
•
•
•
• •
(4) Lighting shall be in accordance with Subsection 0(21),
Lighting.
b . Branch circuits. Extension cords shall terminate in a panel inside
the mobile home . Said panel shall be supplied by an approved cord
fifty (50) amp. 4-wire single phase.
27. Fuel storage and connections.
a . Mobile homes using liquefied petroleum gas for cooking and heating
units are subject to inspection for compliance with the State of
Colorado law in liquefied petroleum gasses. These units may be
converted to use natural gas. For the safety of occupants, it shall
be the responsibility of the park owner or operator to ensure that
no natural gas units in a mobile home are connected or used until
such gas units are inspected and approved by a gas utility
company supplying the service. All rules and regulations of the Gas
Utility Company as filed with the Public Utilities Commission shall
be adhered to prior to gas service being provided.
b . All piping from outside fuel storage tanks or cylinders to heating
units in mobile homes shall conform to applicable state law and
applicable Englewood City ordinances. All fuel storage tanks or
cylinders shall be securely fastened in place and shall not be
located inside or beneath the mobile home.
c. Oil storage shall conform to applicable state law and applicable
City of Englewood ordinances.
28 . Refuse disposal . The storase , collection and diapoeal of refuse in the
mobile home park shall be 110 manqed as not to create health hazards,
rodent harborap, imect-breedinc areas, accident buarda, or air
pollution. All l'f!fuae shall be atored in fly-tight, water-tight, rodent-proof
containers, which shall be provided in sufficient number and capacity to
accommodate all l'f!fuae from the park. Sabafactory container racks or
holden ahall be provided at permanent locataona, convenient to the
mobile home spaces, in areas appropriately ICl'eened from view , and
s hall comply with all health rqulatiom . Methoda of etorase, collection
and diapoaal are s ubject to approval of tbe Neishborhood Services
Division .
29 . Addiuona to mobile homes.
a . No addibona ,hall be bwlt onto or become a pan of a ny mobile
home except :
(1) Skirunc of mobile home, u ae t torth in Subaection 0(14).
(2) Caba na,, pa u oa or porchea .
(3) An a ttached 1arap will be perm1tt.ed if it doea not dam ap
tbe m tesnty of tbe mobile home .
-2 2 -
• I
..
•· •
0
l
•
• •
<.
b . A building permit shall be required for any addition permitted in
Subsections a(2) or a(3) above .
30. Storage space required .
a . Each mobile home space shall be provided with not less than one
hundred (100) cubic feet of storage spaoe. Such storage spaoe may
be provided within individual units located on each mobile home
space or in a central building no more than one hundred feet (100')
from the mobile home space for which the storage is provided. All
such storage units and buildings shall be of weather resistant
materials and one-hour fire resistant construction.
b . No storage shall be permitted underneath any mobile home .
31. Parking of mobile homes .
a . No mobile home shall be parked or pe.rmitted to stand upon any
public street, highway, road, alley or other such right-of-way for
more than twenty-four (24) hours unless a special permit is
obtained from the Department of Safety Services of the City.
b . No mobile home shall be maintained upon any private or public
property in the City when the same is used for living purposes
unless the property is registered as a mobile home park. No mobile
home shall be stored within any required front, side or rear yard as
specified by the Comprehensive Zoning Ordinance.
c . Where an existing individual mobile home is parked on a private
lot and occupied as a dwelling on the eft'ective date of this Section,
it shall be registered with the •lelcheerheell Semeea 9i, iaien
CITY within ninety (90) days after the effective date of this
~SECTION.
32 . Building permit required.
a . No penon 1ball amimence the development of land for a mobile
home park, or alter, inltall or remove any structural
improvement in any mobile home park without first securing a
building permit from the Division of Building and Safety
authorizing such alterationa, inatallation or removal.
b . An application for a permit authorizing any structural
installation, alteration or removal within an existing park or for
the development of land for a mobile home park shall set forth
the following information, inaofar aa the aame is applicable and
is known or can be ucertained by the applicant through the
exercise of due dilipnce . The application for a permit to develop
land for a mobile home park •hall be accompanied by the
approved Development Plan.
(1 ) A aurvey by a resiatered land aurvayor lhowinc the location,
boundariea, dimenaiona and area of the propc>Nd mobile
home park.
-23 -
,, -
• .
..
I· •
0
-
I ' ~ I ' r ~"' I
]-
•
• •
(2) The number, location and size of all mobile home spaces.
(3) Names and right-of-way and roadway widths of adjacent
streets.
( 4} Zoning and land use of surrounding property.
(5) Proposed routes of access to and egress from the mobile
home park.
(6) The location and width of roadways and walkways,
recreational areas, and off-street parking areas within the
park.
(7) The location of service buildings and any other proposed
structure, and the location, dimensions and plan for
development of the required recreation area.
(8) The location, size and type of water and sewer lines, traps,
vents and risers for water and sewer.
(9) Plans and specifications of all buildings and other
improvements constructed or to be constructed within the
mobile home park .
(10) Such other information as may reasonably be required .
c . The permit shall be valid only for the plan submitted with the
application and shall not be transferable to any peraon other than
the permittee, nor to any other lot. tract, or parcel of land within
the corporate limits of the City of Englewood .
d. The permit shall expire aix (6) months after the date of iuuance if
construction has not begun and is not diligently pursued.
e . All buildings and utilities to be constructed, altered or repaired in a
park shall comply with all applicable codes and engineering
specifications of the City of Englewood and State of Colorado, and
all applicable permits shall be obtained.
33 . Certificates of occupancy .
a .
b .
It shall be unlawful to permit any person to occupy, maintain or
operate a mobile home park within the corporate limits of the City
of Englewood unlesa and until a valid certificate of occupancy has
been obtained.
111 eenneeliaft wilh-, p•lt e ... hliehetl af!lier • e•aetiae Hie af
ehia 9reinenee, No certificate of occupancy ahall be iaaued unleM
and until all of the roadways are conatructed within the park and
not less than fif\y percent (~} of the park hu been completed
and is in compliance with the term, of thil Q1mm,w TITLE.
-24-
. '
..
•· •
0
-•
• •
<.
34 . Existing parks; certificate of occupancy.
a. Within thirt, (39) 1111, 8 after the effeeti, e !late efthi.8 Orliinanee er
.. ithi.11 tmrt, (39) 1111, 11 aft.er a1111eHtie11 es the Cit, ef Englew 6611
1111h11e1111ent es the effeett,e !late efthi11 OrMttanee, The owner or
operator of each exieting mobile home park shall be mailed forms
on which to apply to the Division of Building and Safety for a
certificate of occupancy. Application shall be, in writing, and shall
contain such information as the division may require to determine
wherein the park does not conform to all requirements of this
OrMtlllnee TITLE .
b . The Bi,illien efB'lliltling anli Safet, CHIEF BUILDING OFFICIAL
shall issue a certificate of occupancy to the owner or operator of
legally existing parks. The certificate shall list the requirements of
thi11 Orllil'lllnee THE ENGLEWOOD MUNICIPAL CODE with
which the park does not conform. Nonconformance with health and
safety requirements ef thiB Ortliftanee shall be listed separately
from nonconformance with other requirements.
c. It shall be unlawful to permit any person to occupy any mobile
home in any mobile home park within the corporate limits of the
City of Englewood until all facilities therefor have been inspected
and approved by the Division of Building and Safety and a permit
to occupy the unit has been issued.
35. Existing parks; alteration, extensions. Ne ANY existing park which does
not CURRENTLY meet the requirements of this Section shall NOT be
remodeled, reconstructed, redeveloped, altered, extended or reduced in
size, except in a manner which increases the degree of compliance with
this Section.
36 . Compliance with regulations. The person to whom a mobile home park
occupancy permit is issued shall at all times operate the park in
compliance with this Section and regulations isaued hereunder, and ahall
provide adequate superviaion to maintain the park, its facilities and
equipment in good repair and in a clean and aanitary condition at all
times.
37 . Annual inspections required.
a . The tlei1hl,erhaeli Se~• Biuieien CITY is hereby authorized
and directed to inspect each mobile home park located within the
City of Englewood annually in order to determine the degree of
compliance or noncompliance with the terms of this Section and to
enforce compliance with the provisions of this Section. The inspector
shall have the power to enter at a reasonable time , upon
reasonable notice , any private or public property for the purpoee of
inspecting and investigating conditions related to the enforcement
of this Section or any reculation which may be promulgated
hereunder. The i11.1pector shall make s uch additional inapectiona as
may be neceaaary to auure compliance with this Section.
-25-
. ,
• .
•· •
0
,
-
] c;;;cmll!I
•
•
"
• •
b . It shall be unlawful for any person to refuse the inspector access to
a mobile home park for the purposes of inspection.
Sectjop 2. The City Council of the City of Englewood , Colorado hereby amends Title
16, Chapter 4, Section 14 , entitled 1-2 General Industrial District, of the Englewood
Municipal Code 1985, to read as follows :
16-4-14: 1-2 GENERAL INDUSTRIAL DISTRICT:
The 1-2 Industrial District is composed of certain general industrial areas of the City
plus certain open areas where similar industrial development appears likely to
occur. The 1-2 General Industrial District should be located near major roadways,
truck routes, and railways to provide adequate facilities for importation and
exportation of goods to and from the District and to Jessen traffic congestion on
neighborhood streets caused by industrial transportation. The regulations of this
District are designed to stabilize and protect the eBSential characteristics of the
District; and, because of the more intense nature of the development within this
District, it is not intended that it abut upon, adjoin or be adjacent to a residential
zone district. The development consists of general industrial uses, plus certain uses
providing services to the area, and regulations are established to govern the extemal
effects of uses in the District.
A. General Regulations. The provisions found in this Zone District shall be
subject to the requirements and standards found in Chapter -I&-5, "General
Regulations", of this Title, unleB& otherwise provided for in this Qrliinaaee
SECTION or an amendment hereto.
B. Permitted Principal Uses. No land shall be used or occupied and no structure
shall be designed, erected, altered, used or occupied except for one or more of
the following uses :
1. Any use permitted in the 1-1 Industrial Zone District e:ii:cept mobile home
parks and other residential uaes which shall be prohibited. Each
permitted use from the 1-1 Zone District must alao comply with all the
restrictions and requirements eet forth in the eection establiahinc or
allowing the permitted use unlesa epecifically modified by this Section.
2 . Manufacturing, processing and/or fabrication. The manufacturina,
processing and/or fabrication of any commodity, except the basic
manufacture and processinc of animal by-products or any orsamc type
fertilizer , and any metal shredding or auto shredding operation. or
similar use .
3 . Sale at wholesale or storap. The aale at wholeaale , the warehousing
and/or storage of any commodity .
4 . Sale at retail. The sale at retail of the following :
a . An y co mmodity manufactured , proceNed or f'.abricated or
warehoused on the premiaea.
-26 -
..
• •
0
f " .. I
•
•
•,
b. Equipment, supplies and materials (except commercial explosives)
designed for use in agriculture, mining, industry, business,
transportation, building and other construction.
5 . Repair, rental and servicing. The repair, rental and servicing of any
commodity.
6 . Commercial incinerator.
7 . Natural production uses. The excavation of sand, clay, gravel, or other
natural mineral deposits or the quarrying of any kind of rock formation ,
except top soil ; the land shall be reclaimed for uses permitted within the
Zone District.
8 . Sewage disposal plant.
9 . Recycling operations, including but not limited to the processing of
batteries, construction waste, food waste , glass, metals and/or alloys,
papers, plastics and tires which complies with condition a , as listed
below. Buy back centers that do not process recycled materials and store
their materials within an encloaed structure or a roll.off container, semi-
trailer, or similarly self-contained apparatus shall be exempt from this
Subsection 8(9):
a . The manufacturing snd storage of all materials shall occur within an
enclosed structure. The storage of materials may occur outside of the
structure providing said storage is in a roll-off container, semi-trailer
or similarly self-contained apparatus. For operations not conducted
within an enclosed structure, see Subsection 1(3) of this Section.
10. Automobile wrecking or junk yard. Any automobile wrecking or junk yard
approved under the provisiona of this 9rd · 11 ~ TITLE shall have a
minimum area of one and one-half (1 1/z) acres, and shall comply with the
provisions of Chapter 10, Title 5 of the Englewood Municipal Code, as
amended, and any other applicable codes or ordinances.
11. Any similar lawful use, which, in the opinion of the PLANNING AND
ZONING Commission is not objectionable to nearby property by reason of
odor, dust, smoke, fume,, gae , heat, glare, radiation or vibration, or is not
hazardous to the health and property of the surrounding area through
danger of fire or exploeion.
C. Prolub1ted Uses:
l. No sales or service activity shall be allowed from any temporary structure
or vehicle when a buildinr permit application has not been submitted for
a permanent building or atructure to replace the temporary structure.
2 . The height of matenala or equipment bemg stored shall not exceed the
height of the acreerung, fence or wall .
D. Maximum Gf'OIII Floor Area In Structure,: The sum total of the (l'Ol8 floor area
in all 1tructure1 on a lot. excluding the l1'0N floor area of off-atreet parlunr
-27-
,, -. '
r •
..
•· •
0
-
-
•
•
•
• I •
. -'
garages, shall be not greater than two (2) times the area of the lot on which
the structures are located.
E. Minimum Setbacks: Where an I-2 building site abuts upon, adjoins or is
adjacent to a residential zone district, a setback of fifty feet (50') is required .
F. Minimum Private Off-Street Parking: (See Chapter 5 of this Title, General
Regulations.)
G . Minimum Private Off-Street Loading: (See Chapter 5 of this Title, General
Regulations.)
H. Accessory Buildings And Permitted Accessory Uses: Any accessory building or
use incidental only to a permitted principal use, which accessory building or
use complies with all of the following conditions:
I.
l. It is clearly incidental and customary to and commonly associated with
the operation of the permitted principal use .
2 . Is operated and maintained under the same ownership or by lessees or
concessionaires thereof and on the same Jot as the permitted principal
use .
3 . Does not include structures or structural features inconsistent with the
permitted principal use.
4 . Does not include residential occupancy except by caretakers or
watchmen .
5 . If operated partially or entirely in detached structures, such detached
structures shall be limited to a l1'08II floor area of not more than ten
percent (10%) of the area of the lot on which the permitted principal use
is located.
6 . If operated partially or entirely within the structure containing the
permitted pnncipal use, the l1'08II floor area within such structure
utilized by acceuory uses (except garages, loading docks and company
dining rooms) shall be not greater than ten percent (10%) of the l1'08II
floor area of the structure containing the permitted principal use .
ConditLOnal Uses: Provided the public interest is fully protected and the
following use is approved by the Commiaaion:
l. Dump. (See Chapter~ 5 of this Title, General Regulauons .)
2 .
3 .
Amusement establishments including, but not limited to, billiard haU.,
bowling alleys, coin-operated games , dance halls, electronic or video
games , night clubs, outdoor commercial recreational facilities . pool halls,
or skating rinks .
Recycling operations, including, but not limited, to the proceHing of
batteries, construction waste , glasa , metals and/or alloys, paper,
plastics, and tires shall meet the conditions in Subaection 1(3)(•) throush
(e ) of this Section, as listed below . Food waate , automobile wreckin&
-28-
;-
•
• •
0
,
-
•
•
• •
yards and junk yards as cited in Subsection 16-4-13(J)(l)(a) of this
Chapter are excluded. Buyback centers that do not process recycled
materials and store their materials within an enclosed structure or a roll-
off container, semi-trailer, or similarly self-contained apparatus shall be
exempt from this Subsection 1(3):
a . Any recycled material manufacturing opened after the effective date
of this Subsection 1(3) shall be located on one or more contiguous
parcel(s) which total area shall not be less than one acre .
b . The manufacturing and storage of all processed and unprocessed
materials shall be enclosed with a solid, nontransparent vertical
wall or fence with a maximum height of eight feet (8') on the
parcel(s) frontage and twelve feet (12') on the parcel(s) side and
back boundaries. Fences of woven plastic, wire or chainlink shall
be prohibited.
c. The stockpiling of all processed and unprocessed materials shall
not exceed the height of the wall or fence.
d . No more than seventy-five percent (75%) of the parcel(s) total size
may be utilized for the storage of processed or unprocessed
materials.
e . All recycled material manufacturing businesses operating under a
conditional use provision shall be subject to yearly administrative
compliance review of the adopted conditions .
4 . Temporary employment businesses as defined by and which are required
to be licensed under Title 5 of this Code, shall comply with the following
requirements in addition to the provisions of E .M.C . 16-5-21 :
a . Shall be located no closer than one thousand feet (1 ,000') from any
residential :r.one district.
b . Shall be located no closer than one thousand feet (1,000') from any
establishment sellinc alcohol by the package or drink.
c. Shall be located no cloaer than one thousand feet (1 ,000') from any
public gathering facility .
d . With respect to the distancing requirements in this aubeection
between a busineu premises for which a temporary employment
service ia propoeed and another use , the distance ahall be
measured by following a straight line from the neare1t point of the
property line of the busineu premises of the proposed temporary
employment service to the nearest point of a re1identially :r.oned
district or the property line of the specific use listed .
-29-
..
•· •
0
' -: ...... , , I ,," I
•
• •
5 . HAZARDOUS WASTE . INCLUDING BUT NOT LIMITED TO THE
STORAGE, PROCESSING, COLLECTION, OR WAREHOUSING OF
HAZARDOUS WASTE SHALL MEET ALL OF THE CONDITIONS AS
LISTED BELOW.
A. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL
APPLlCABLE STATE AND FEDERAL REQUIREMENTS
NECESSARY FOR THE OPERATION OF A HAZARDOUS WASTE
FACILITY .
B. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL
APPLICABLE CITY REGULATIONS.
C. PROCESSING OF HAZARDOUS WASTE SHALL BE
CONDUCTED ENTIRELY WITHIN AN ENCLOSED
STRUCTURE . STORAGE OF HAZARDOUS WASTE SHALL BE
CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE
OR WITHIN AN APPROVED ABOVE-GROUND STORAGE
TANK.
D. HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A
MINIMUM OF FIVE HU~RED FEET (500') FROM THE
BOUNDARY LINE OF A.\JY RESIDENTIAL ZONE DISTRICT OR
RESIDENTIAL USE .
E. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL
CONDITIONS OF SUBSECTION (J): LIMITATIONS OF
EXTERNAL EFFECTS OF USES .
J . Limitations On External Effecta Of Uses : Every uae established or placed into
operation after the effective date of tlua 9rlHlletlee SECTION ahall comply
forthwith with the following limitations: All uaea established and in operation
on the effective date ofthia 8rlBftM'lee SECTION shall be made to comply with
the following limitations:
I . Volume Of Sound Generated : E,·ery use shall be 80 operated that the
volume of sound inherently and recurrently generated does not exceed
seventy-five (75) decibels at any point of any boundary line of the lot
upon which the use is located .
2. Vibration Generated : Every uae shall be 80 operated that the cround
vibration inherently and recurrently generated ia not perceptible without
mstrument.e at any point of any boundary line of the lot on which the use
is located .
3. Em1&sion Of Heat, Glare , Radiation. Duet And Fumes: Every uae 1hall
be so operated that it does not emit a dangerous decree of heat, 1lare,
radiation . duet or fumes beyond any boundary line of the lot on which the
use is located .
4 . Outdoor Storage And Waate D1 1poaal :
-30-
• .
,
..
• •
0
,
-
•
•
• -
'·
a . No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural
causes or forces .
b . All materials or wastes which might cause fumes or dust or which
constitute a fi.re hazard or which may be edible by or otherwise be
attractive to rodents or insects shall be stored outdoors only in
closed containers.
c. Liquefied petroleum gas installations shall conform to current Fire
Code requirements.
d . Explosives shall be stored, used and maintained in accordance
with current Fire Code requirements .
K. Screening: In an effort to lessen the incompatibility between a residential
district and an industrial district where those districts abut, adjoin or are
adjac.-ent , one to the other, it is deemed necessary that the owner of the use in
the industrial wne take certain measures to protect those persons in the
residential district. Persons in the residential district shall be protected from
the possible adverse effects of the noise and lights from cars, the passage of
materials or wastes from parking lots, loading areas and storage yards and to
discourage juveniles from trespassing in hazardous areas where the storage of
equipment and supplies may create an attractive nuisance . One of the
following provisions shall be applied:
L.
1. Setback/Screening In Addition To The Landscaping Requirements: There
shall be no less than a ten foot (10') setback from the property line where
it abuts, adjoins or is adjacent to a residential district. The setback area
shall be landscaped with lawn , trees, and shrubs of both a deciduous
and evergreen variety. Such landscaping plan shall be filed with the
building permit application.
2. Fences : As an alternative to Subeection K(l ) of this Section, the portion
of the property which abuta upon, adjoins or is adjacent to the
residential wne district shall be encloeed by a decorative , cloeed-face or
solid concrete , block, wood or brick fence not less than six feet (6') high,
which fence need not be set back from the property line .
3. Restrictions: No building or portion thereof s hall qualify ass wall,
screen, or fence under the provisions of this Section.
An exception to this provision shall be made a s ne cessary at an
intersection or at an entrance to an alley or driveway in order not to
obs truct the view of a motorist; this can be done by reducing the
height of the fence or wall or the plantings for s uch distance and to
s uch extent as required by the Code Enforcement Division .
Landscaping: Landscaping s hall be in accordance with Sedien 16 • 18 ef
this Title .
-3 1-
•
...
• • •
0
\' •it
I • t ~ I
•
• t• -
Section 3 . The Englewood City Council hereby amends Title 16 , Chapter 8 ,
Section 1, of the Englewood Municipal Code , 1985 with the addition of the following
definitions, in alphabetical, order to the definitions as follows :
16-8-1 : DEFINITIONS :
AUTOMOBILE SHREDDING:
AUTOMOBILE WRECKING
AND DISMANTLING :
HAZARDOUS WASTE:
HAZARDO US WASTE
OPERATION:
INCLUDES BUT IS NOT LIMITED TO THE
SHREDDING, CRUSHING , BALING ,
COMPACTING OR SIMILAR PROCESS THAT
REDUCES MOTOR VEHICLES , TRAILERS ,
OR PARTS THEREOF TO THEIR
CONSTITUENT PARTS ORTO A FORM
SUITABLE FOR FURTHER PROCESSING .
The dismantling or wrecking of motor
vehicles , trailers, or parts thereof.
AUTOMOBILE WRECKING; DISMANTLING
SHALL INCLUDE AUTO PARTING ,
SALVAGE, RECYCLING AND SIMILAR
OPERATIONS . AUTOMOBILE WRECKING :
DISMANTLING SHALL NOT INCLUDE
AUTOMOBILE SHREDDING , CRUSHING ,
BALING OR COMPACTING .
ANY SOLID, LIQUID , OR CONTAINERIZED
GASEOUS MATERIAL THAT IS NO LONGER
USED OR THAT NO LONGER SERVES THE
PURPOSE FOR WHICH IT WAS PRODUCED .
AND HAS ONE OR MORE OF THE
FOLLOWING PROPERTIES : IGNITABLE
(COMBUSTIBLE OR FLAMMABLE).
CORROSIVE , REACTIVE (EXPLOSIVE). OR
TOXIC AND REQUIRES SPECIAL HANDLI~G
TO AVOID ILLNESS OR INJURY TO
PERSONS OR DAMAGE TO PROPERTY OR
ENVIRONMENT .
ANY FACILITY THAT COLLECTS ,
STORES OR PROCESSES HAZARDOUS
WASTE MATERIAL AS ITS PRINCIPLE USE .
Sectjon 4 . Safety Clauae1 The City Council , hereby finds , determines , and
decl a r es that this Ordinance is promulgated under the general police power of the
City of Englewood , that it is promulgated for the health, safety, and welfare of the
public, a nd that this Ordinance is nece88ary for the preservation of health and safety
a nd for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
obJ ect sought to be obtained .
-32-
,, -
·-
•
•· •
0
' 7 I
-
-
•
• •
Sectjon 5. Seyerability If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 6 Inconsjst,ent On!jnang:a Nothing herein contained shall be deemed a
waiver of the provisions of any other Code section or regulation applicable to fences .
If there is a conflict between the regulations in this Section and any other Code
section or regulations, the more stringent regulations shall apply.
Section 7. Effect of repeal or mqjjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Sectjon 8 . &J:ialty. The Penalty Provision of E .M .C . Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Section 9. Eristjng Uaes. Any use in existence prior to the effective date of this
Ordinance, which is not otherwise addresaed by conditional uee limitations, which
does not conform to the limitations establiahed by this Ordinance, shall be
nonconforming. A nonconforming uee , allowed pursuant to this Section, may remain
at its location as a legal nonconforming use subject to the termination requirement.a
of nonconforming uses as described in this Title. Because it is a purpoee of this
Ordinance to eliminate nonconforming ueee, a nonconforminc uee shall not reaume if
it has been discontinued for a continuous period of at least one hundred and eighty
day1 or would terminate as provided for in the pneral nonconforming use provisione
of this Title.
Introduced, read i n full, and paaaed on first readinc on the 6th day of April , 1998.
Publis h e d a s a Bill for an Ordinance on the 10th day of April, 1998.
Read by t itle a nd pa1111ed on final reading on the 18th day of May , 1998.
Publis h e d by title as Ordinance No . _, Seriea of 1998, on the 22nd day of May ,
1998 .
Thomas J . Burns, Mayor
ATTEST :
Lo uc n tua A. El m , City Clerk
-33 -
.,, -
•
..
• •
0
I
]-
] a::-
• " -
•
·-.. •
(.
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 1998.
Loucrishia A. Ellis
-34-
. ' '
• .
• •
0
I
•
•
•, •
,.
•
BY AUTHORITY
ORDINANCE NO ._
SERIES OF 1998 COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ADOPTING THE "CITY OF ENGLEWOOD FIREFIGHTERS
PENSION PLAN (AS RESTATED JANUARY 1, 1996)" BY THE CITY OF
ENGLEWOOD. COLORADO.
WHEREAS , the City Council of the City of Englewood, Colorado authorizes the
adoption of the "City of Englewood Firefighters Pension Plan (As Restated January l, 1996)" by the City ; and
WHEREAS , the active members of the Firefighters' Pension Plan voted for the
implementation of the "City of Englewood Firefighters Pension Plan (As Restated
January 1, 1996)" by an election on January 15 , 1998;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO . AS FOLLOWS :
Sectjon J. The City Council of the City of Englewood , Colorado hereby authorizes
the adoption of "City of Englewood Firefighters Pension Plan (As Restated January
1, 1996)," attached hereto as Exhibit A.
Sectjon 2. The Mayo.r and the City Clerk are hereby authorized to sign and attest
the "City of Englewood Firefighters Pension Plan (As Restated January I, 1996)" for the City of Englewood. Colorado.
Introduced, read in full, and passed on first reading on the 4th day of May, 1998.
Published as a Bill for an Ordinance on the 8th day of May , 1998.
Read by title and puaed on final reading on the 18th day of :\ilay, 1998.
Published by title as Ordinance No.-· Series of 1998, on the 22nd day of May , 1998 .
A'M'EST: Thomas J . Burns, Mayor
Loucnshia A. Ellis , City Clerk
---~--
. '
•,
10bili
• •
0
f ___ I
•
..
• " • "
. '
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of the Ordinance pueed on final reading
and publiahed by title aa Ordinance No. _ Series of 1998.
Loucriahia A. Ellis
-2-
--------~---
. ', '
• .
..
• •
0
l _ I
-
•
•
•
..
CITY OF ENGLEWOOD
FIREFIGHTERS PENSION PLAN
CA$ JtESIAIED JANUARY 1, 1996}
---------__ ..___ -
: ...
I • +
/4
...
• .
• •
0
f ___ . I
]-
PREAMBLE
ARTICLE I
ARTICLEll
ARTICLE ID
ARTICLE IV
ARTICLEV
ARTICLE VI
•
• t~
•
. .
City of Englewood
Firefighters Pension Pim
<As Ramrsf IIPYID' L \996}
TABLE OF CONTENTS
Purpose and Definitions
1. Purpose
2. Definitions
3. Construction
Service Credit
1. Service
2. Break in Service
3. Military Service
4. Fractional Years
Participation Requirements
1. Participation Originating Under The Previous Plan
2. Cessation of Participation and Reentry
3. Effect of Disability or Death Benefits
Payable From Another Plan
Con1noutions
1. Conuibutions by Employer and tbe Stare ~f
Colorado
2. Contnoutions by Panicipmm
Pmsioo BcDefits
1. Normal Pension Coam¥n emem
2. Normal hmion Amouat
3. Deferred V eSlled Pension Commeae aMm
4. Deferred VeSlled Pemion Amount
S. No Dec:reue in BcDefiu
6. Increues in 8eDefiu
7. Required Oimibulion of R.ememem BcDefiu
Form of Payment
1. Normal Form of Pemioa -Sia&le Life
2. Optional Forms ofBcDefit
3. Qualified Joint mil Survivor Bendit Option
(i)
"' -
_PaaeNo,
1-1
1-1
1-1
1-4
II-1
II-1
II-1
II-1
II-1
ill-I
m-1
ill-1
ill-1
IV-1
IV-I
IV-I
V-I
V-I
V-I
V-2
V-2
V-3
V-3
V-3
'\l-1
vl-1
VI-I
VI-1
..
•· •
0
. -; ., ' , ? I
-
•
•
•
• t~
•
City of Englewood
Firefightas Pension Plan
CN Rcmn1 Jaguary 1, 1996}
TABLE Of CONTENTS <Cqpt'~
ARTICLE VI (CODL)
4. s.
6.
7.
One Hundred Percem Joint and Survi,,or 8eDdit Option
Fifty Percent Joint and Survi,,or 8eDml Option
Five Year Certain and Life Benefit Optiam
~ciacy
ARTICLE VU
ARTICLE VIlI
ARTICLE IX
ARTICLEX
Death~ts
1. Death Benefit for Surviving Spouse or
Dependent Parent
2. Death Benefit for Dependent Children
3. Death Benefit after Eligibility for a
Deferred Vested Pension
4. Proof of Death
S. Additional Death Benefit
Contribution Accumulation Refunds
1. Conttibution Accumulation Refund to Participant
Administration By Board of Trustees
1. Establishment and General Duties
2. Members
3. Terms
4. Meetinas
S. Quorum
6. Majority Vo~
7. Compensation
8. Rules and Rqulmons
9. Powen
10. Decisions
11. Report of Board
Trust Fund
1. Establisbrncnt ofTnast Fund
2. Payment ofComn'bulions to Trust Fund
(ii)
Page No.
Vl-2
VI-2
VI-2
VI-3
VII-1
VII-1
VII-1
VII-1
VII-2
VIl-2
Vlll-1
VIIl-1
IX-1
IX-1
IX-1
IX-1
IX-2
IX-2
IX-2
IX-2
IX-2
IX-2
IX-3
IX-4
X-1
X-1
X-1
• i
•· •
0
l -
ARTICLE XI
ARTICLE XII
ARTICLEXIIl
ARTICLE XIV
ARTICLE XV
•
.
'
•
• •
..
....
City ofEDpewood
Firefiplas Pemiml Pim
t•
<As Bcsrrd .Jpppy J. 1996}
TABLE OF CONTENT$ (Cqgt'd)
II ~
hG!:io,
Special Gowmmemai R.equinmmls Xl-1
1. Maximum Amma1 Bmcfit Under Code Section 41S X!-1
2. Rallidinns OD Twmty-Fiw (2S)
Highest Paid Employees X!-2
3. Rcsuictions on DisalDutioas X!-2
4. Employees Whose Benefits Are Resaic:md (Hiab-25 Employees) X!-3
s. "Benefit" Defined X:-3
6. Value of Assels and Current Liabilities :;c-3
Guarantees and Liabilities XJ-1
1. Nongumntee ofEmploymcnt D-1
2. Rights to Trust Assets :c:r-1
3. Nonalienation ofBcncfits D-1
AJncndmcnts XD-1
1. Right to Amend XD-1
Withdrawal and Termimlion xr:-1
1. Plan Termination xr-:-1
2. Allocalion of Assets Upon Pim Tmninerioa xr-.-·-1
3. Manner ofDisal"bmion xr-:-1
4. AmoUDIS Returnable to the Employer :,cr-;.z
S. Applicable Law x:-:-2
Direct Rollovers
l. General
2. Definitions
{ill)
x-o1·-1
X-i-1
x-:-1
' ' ' '
•
• •
0
, __ I
]-
•
• t•
•
City of Enpewood
Firefighlas Pension Plan
W Pnmrd Inm t, J996l
PREAMBLE
II ~
WHEREAS, the Employer bad previously asabfisbed a pemioa plan under Staae smma for its
f:befisb1m (bezei..afta" refened to a the "Previous Planj; aad
WHEREAS, said orpamlion now desires to amend aad cominue the Previous Plan by a
separate res11rrment in its entirety and the right to so amend is reserved to said orpnmtion under the
provisions of the Previous Plan;
NOW, TiiEREFORE, the Previous Plan, which wu rnaimaincd by the Employer under Tide
31, Article 30, Part 4 of the Colorado Revised Statutes, is hereby restated, and amended in its entirety,
superseded and replaced by this separate restated Plan.
There will be no termination and DO gap or lapse in time or effect between such Plans, and the
cxistencc of the Plan shall be continuous and uninterrupted.
This rallled Pension Plan is coaditioacd upoo its q,wlific:arion under Section 401(&) of the
lnrrmal Revenue Code of 1916, a ~ from time to time.
The terms md conditions of this restated Plan are as follows:
• .
..
• •
0
, .,!) VI
•
0
•
ARTICLE I
Purpose and Oefinitions
"' -
, .
... Sec.,.....n.,.·0 .... 0 .... 1 ..... _ _.Purpo ............. se-: The purpose of this Plan is to provide retirement and incide::xw
benefits for all Employees ( as hereinafter defined), their surviving spouses. dependem children aDd
dependent parents. who complete a period of faithful service and otherwise become eligible ~-
The benefits provided by this Plan will be paid from a Trust Fund established in connection with this
Pim.
This Plan and the separate related Pension Trust forming a pan hereof are established and shall
be m•imaincd for the exclusive benefit of the eligible Employees and their Beneficiaries. Exc:;,t lS
bereimfter provided, no put oi the Trust Fund can ever reven to the Employer, or be used for or
divened to purposes other than the exclusive benefit of the Employees and their Beneficiaries .
.111CSecti-·011&1n,..2 ... , _ _.Pefini--·n1111·0,...gs,...: Where the following words and phrases appear in this Plan. they
shall have the respective meanings set forth below, unless their conteXt clearly indicues to the
contrary:
L Accngd P;psiog: The Pension determined under the Plan expressed in the :crm
of a monthly benefit c:ommencina at Normal Retirement Dare (or date of actUal retircne:n :f
later), which m Employee bas accrued at my time under the provisions of the Plan. reprdless
of his vested swus, derennined as ifbe bad then tmnia•red employment.
b. Actuarial <or Actuariallv} Egyivalmt: Equality in velue of the aggrepre
amounts expected to be received under different manners of payment bucd on interest raie and
morulity assumptions, in effect on the date as of which the benefit is to commence. as SUc:l
assumptions are defined below unless otherwise specifically provided in the Plan.
lnJCRSt @IC assumption • The interest raie assumption used for purposes of comput:Ili
optiomJ forms of benefit payments shall be seven and one-half percent (7 L2o/e).
Monaljty assumption • The morulity assumpcion used for purposes of computin.a
optiomJ forms of benefit paytnents shall be UP-1984 Morulity Table.
1-1
•.
•· •
0
,
-
•
•
• " -
0
•
..
~c.'--___ B,..,o,.,ar:.cd=: The Board of Trustees established under Article IX hereof .
.,.d . ....__ ... C.._od=e.._: The Internal Revenue Code of 1986, as amended from time to time.
e. Compensation: All base pay received by the Participant for his Covered
Employment, including longevity pay, holiday pay, sick pay, vacation pay taken in the normal
course of employment, shift differential. but Compensation shall exclude compensation for
overtime ( or compensation in lieu of overtime required under the Fair Labor Standards Act,
except Compensation shall include compensation only for those premium hours required to be
paid, based on the current seventy-two (72) hour, nine day reoccurring work cycle), clothing
allowance, lump-sum amounts paid in lieu of accumulated vacation, holidays and sick leave,
acting pay, and compensation imputed as a result of the Participant's use of the Employer's
automobile. A Participant's Compensation shall include any amounts deferred as to such
Participant under Code Section 125, Code Section 457 or under Code Section 414(h), except to
the extent such amounts would be excluded under the immediately preceding sentence.
Compensation taken into account under the Plan shall not exceed S200 ,000, adjusted for
changes in the cost-of-living as provided in Code Section 415( d), for the purpose of calculating
a Participant's Accrued Pension (including the right to any optional benefit provided under the
Plan J for any Plan Year commencing after December 31 , 1988 .
In addition to other applicable limitations set fonh in the Plan. and notwithstanding any
other provision of the Plan to the contrary , for Plan Years beginning on or after January 1,
1996, the annual compensation of each "Noneligible Participant" taken into account under the
Plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual
compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of
living in accordance with Code Section 401 (aX l 7XB). The cost-of-living adjustment in effect
for a calendar year applies to any period, not exceeding 12 months. over wluch compensation is
determined (determination period) beginning in such calendar year. If a determination period
consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied
by a fraction. the numcralOr of which is the number of months in the dctc:mination period. and
the denominalor of which is 12. A "Noneligible Puticipant~ is any Participant who first
became a Participant in the Plan during a Plan Year beginnina on or after January 1, 1996 .
Effective January I , 1989, through December 31 , 1996, in determining the
Compensation of a Participant for purposes of this limitation, the Nies of Code Section
414(q)(6) shall apply , except in applying such Nies, the term 'family ' shall include only the
spouse of the Participant and any Lineal descendants of the Participant who have not attained
age 19 before the close of the year . Effective January 1, 1989 , throup December 31 , 1996 , if,
as a result of the application of such Nies the adjusted annual Compensation limitation is
exceeded then the limitation shall be proraied aznona the affected individuals in proportion to
each such individual's Compensation as determined under this Section prior to the application
of this limitation.
N 1~11DOC
I-2
•· •
0
,
2 I
• ,,,_
. , .
•
f. Copttibution Accumnj&jon : The Participant's aggregate contributions. ;,Ius five
percent (5%) simple interest on the total amount.
g, Covered EmploymSJt: The cnploymeni caiegory for which the Plan :s
maintained, which is full-time, salaried employment with the Employer as a paid mcii,e of~
Employer's Fire Division. servina at least one thousand six hundred (1,600) hours in my
calendar year, and which includes all firefighters within the Fire Division hired prior to April 8,
1978. Excluded are leased employees within the meaning of Code Section 4 l 4(n)(2).
h, Djsabiljty or DjsablC(i: A physical or mental condition which, in the judgment
of the board oftbc Fire and Police Pension Association, totally and presumably perm.m=idy
prevents an Employee from performing the duties of any occupation for which the fire:ighter,
by n:uon of his education, training and experience, would be capable of performing, but for the
injury or illness involved. In determining whether any firefighter is so permanently disabied,
any disability, and any known injury or illness, which pre-exisred the firefighter's e:npioyment
with the City of Englewood, shall be disregarded.
j. Effective Oatc : Januar:· 1. 1996.
j, Emplovee: Any person whose Covered Employment with the Employe:-
commenced prior to April 8, 1978, and who. on and after the Effective Date, is receivmg
mnuneration for Covered Employment or would be receiving such remuneration except for a
duly authorized absence. Included are leased employees within the meanina of Code Secion
414(n)(2). Notwitb.stmdioa the forqoina, ii such leased employees constitute less than :wenty
percent (20%) of the Employer's oonhiahly compensared work force within the meanini of
Code Section 414(o)(5)(C)(ii), the term ·Employee• shall oot include those leased e:nployees
covered by a plan described in Code Section ~14(n)(5).
k. Emplover; City of Englewood, Colorado.
1, Fjnal Mopthlv COPJPCDHJion : The Compensation earned by a Participant
duriq his last full mond1 of Covered Employment; except Final Monthly Compensation cannot
be less than the averqe monthly compensation earned by the Participant duriq the last twelve
(12) full months of Covered EmploymenL
m, Limiwion Year; The year used in applyina the limitations of Code Secion 415 ,
which year shall be the calendar year.
Notwithstandina the Effective Dace hereof. such limitations, u set forth in Artic le XI,
Section I hereof, apply bqinnina with the fim limimion Year bepmina after 1912.
1-3
..
I. •
0
,
• ,,,, ~
,..
• t•
. • '
..
n, Normal Retirement Dare; The date when a Paniciplllt bas attained his fiftieth
(SOdl) birthday and bas completed twenty (20) years of Service.
o. Participant An Employee who meelS the eligibility requin:mems for
partic:iplllion in the Plan as described in Article m bercot:
p. Pepsiop; A series of moadlly amounts which arc payable to a person who is
entitled to receive benefits under the Plan.
q, PJap: City ofEnpewood Firetigblers Pension Plan (As Restated
Janumy l, l 996), as amended &om time to time.
r, PJap Year; The twelve (12) momb period begirnriag on January 1 and ending on
December 31.
s. PJ:eyjoys PJap; Firemen's Pension Plan of the City ofEnalcwood or City of
Enpwood Firemal's Pension Plan, in force and effect (under Tide 31, Article 30.S (and prior
to May 23, 1996, under Tide 31, Article 30, Part 4) of the Colorado Revised SWUICS) for the
period prior to the Effective Date, the Plan hereby being amended and restated. Any reference
herein to the Previous Plan as of a certain date or for a ccnain period shall be deemed a
refawce to the Previous Plan as then in effecL
t, Seryice; A person's period or periods of employment as an Employee used in
determining eli11"bility, or the amount of benefits, and descn"bed in Article ll hereof.
u, Trust or Trust Fypd· The fund maintained to provide the benefits called for
under dm Plan, as descn"bed in Anic:lc X baeot:
Sq;tiop 3. Copstructiog: The masculine pndcr, wiwft appe:mina in the Plan, shall be deemed
to include the feminine gender; the singular may include the p!ural; 111d vice versa, unless the c:omcxt
clelrly indicates to the conmry.
[-4
•
~
<
..
• •
0
I
]-
. ,
•
• •
ARTICLED
Sgyjce Credit
"'~
t•
.,Secti.....,._on ....... 1, __ sern ....... ·-cc,..: Service is the period of employment used in detcnnining ::igibility for
benefits. An ·Employee's total Service credit shall be:
a. His tow period of Covered Employment with the Employer, subje:::. ~wever,
to Article n, Section 3 below; and
b. Any prior period of employment, before April 9, 1978, with anothc:-=re
department which maintains a metiprc:rs pension fund under the laws of the State :,f Colorado ,
such prior period of employment to be aeditcd in the same manner and to the sm::e ~t as
Service with the Employer, subject. however, to Article II, Section 3 below; and
c.
Section 2,
Any credit called for UDder federal law for an absence due to militr: duty .
Brgk jn Sgvice: An Employee shall have a Break in Service if his C:,vercci
Employment with the Employer is terminated. An Employee's authorized leave of absenc:. or a leave
due to disability as defined at Article I, Section 2h, shall not result in a Break in Service; x-a.~er. the
Employee will not receive any Service credit durina such an absence .
E!fective as of August 5, 1993 , a leave of absence punuam to the Family and Mec::!l Leave
AJ;t of 1993 shall not be considered a Break in Service; ~. the Employee will not r=::::ive any
Service credit during such an absence .
$cctigq 3. Military Sgvice; NotWitbsrandina any provision of the Pim to the .:onmry,
CODln"butions, benefits and Service credit with n:spcct to qualified military service will be ~vidcd in
accordaoce with Code Section 414(u).
Section 4 . Fractional Yem : In dererminiDa Service credit, Service for bctioai years
shall be allowed on the basis of one-three hundred sixty-fifth (1 1365th) of one year for eac: :ull day of
such Service. -~
0-1
. -
I ',iii t f
•
..
I· •
I
-•
• •
<.
MlJCLEW
ew,; i.rm Boe · em,
Sssim I, MdmdonOrirrinlinsUDdcr:Dc'4ct· pPllp; E :r ,-•~
Sssim2,
Employment, be will Celle bis partic:ipatioa in this Pim, and will not apiD become a Padcipaut.
(Recommenccmem of Cowred Employment results in covemae under a ll*Wide pmsioa sySlem
UDderTlde 31, Aniclc 31 of1bc Colorado Revised Smures (and prior to May 23, 1996, under Tide 31,
Aniclc 30, Part 10 oftbc Colorado Revised SWU1a)).
Scstiml, EOiS gf Diphility or Dprh 8cncfig Pmblc fmm Appdlcr Pie If a
disability or death benefit is payable to or wi1b rapect to a Partic:ipaat in accardancc wi1b
Sedian 31-31-803 or Section 31-31-807, Colorado Reviled SlallaS (IDII prior to May 23, 1996,
SeCliom 31-3~1007 or 31-3~1008, Colorado R.eviled Scalma), lbenno bmeftuball be payable from
dlis Pim to or wi1ll rapect to such Participlnt.
--NC
m-1
•
..
• •
0
-•
• t•
•
ARTICLE IV
Comnlyipgs
Copqibytiogs by EmrJgyer pi the State of Colorado: The City oi Ellglcwood
shall make comributions to the Trust Fund adcquarc to finance the benefits provided by :he Plan on a
sound actuarial basis. The required comributioas to tbc Plan shall be determined by a couipcr..cnt
actuary. The amount of comribution shall never be less than tbc amount required by Coiomdo swc
swurc or Fire and Police Pension Assoc:ialion 1Ulcs and regulations. Comributioas may also be
n:ccivcd bcrcuadcr from the Stare of Colorado in accordance with applicable state law, or from any
person. Comributioas may be received by gift. pant, devise or bequest, in the form of :oacy,
personal property, real estate or any interest tbcreia and may include all moneys. fees, ~-arcs and
emoluments. except firefighters salaries, of cveey nature and description that may be paic or given to
the Fire Division or any of its members. AJJ.y amounts given to the Employer's Fire Di .. ision or to an
Employee in bis capacity as a tircfi&htcr, except as his salary, may be received as a conrfoution
bcrcuadcr. All such comributioas shall be used to pay benefits under the Plan or to pay :xpc:iscs of the
Plan and Trust and shall be irrevocable, except for my amounts remaiaina after satisfyina all liabilities
of the Plaa. Forfeitures arising because of scveraacc of employment before the Panicipam becomes
elisible for a Pension or for any other reason shall be applied to reduce the costs oftbe Plan. not to
increase tbc benefits otbawisc payable :o the Participams.
Section 2, Copgjbmiogs by Pptjtjpppg· Each Plan Participant shall comribure toward the
cost ofprovidin& benefits under this Plan by payroll deductions at the rare of five percent(~''-) oftbc
Participant's Compensation each month.
IV-I
•
'
..
I· •
0
I
• "' -
• I•
•
ARTICLE V
Pensiog Bmefits
Sectiog 1, Normal Pension C2'WDSJ5SDmt A Participant hereunder shall be entided to
his Accrued Pension if his Covered Employment with the Employer is terminated on or after his
Normal Retirement Date.
Any Participant who desires to retire from Covered Employment and receive a Pension from
this Plan shall submit a written application to the Board. which application shall set forth the facts
entitling such Participant to a Pension hereunder. The application shall specify the time, neither less
than thiny (30) nor more than one hundred eighty ( 180) days subsequent to the filing of the
application, when the Participant desires to be retired. The Board shall act upon such application if the
Participant is entitled to retire, and shall notify the Employer of such action. The action of the Board
shall be completed at the oext scbcduled Board meeting following the filing of the application.
Payment of a Normal Pension will commence the last day of the month coincident with or next
following the Partidpant's actual Retirement, or as soon thereafter u administratively practicable. If a
Participant retires prior to the last day of the month, his first payment hereunder shall include a partial
payment prorated from his date of retimnent to the end of the month.
Scctiog 2, Normal Pension Amougt: A Puticipant who meets the requiremems for his
Acc:rued Pension sball receive an annual pension (payable monthly) which is equal to:
Two and oae-halfperc:ent (2 1/2%) of the Participant's Final Monthly Compensation multiplied
by the Puticipant's first twmy (20) years of Service, plus one percent ( 1 % ) for each additional
year of Service, to a maximum of sixty-five pcrcem (65%) ofFinal Momhly Compensation.
V-1
..
• • •
0
,
•
•
-•
• •
...
Section 3,
eJiai"ble for a Deferred Vested Pension ifhis Covered Employment wilh the Employe: is :rnnioared
prior to his eliJibility for a Nonnal Pension but after be becomes wsred in a Pension~ under tbe
Vgtipg SstrtuJe
A Participllll's wsced iDlerest is detamioed, acc:ordiua to the Participant's years ~f Service. as
follows:
Partic:ipllll's Years
o(Service
Less thaoS
Sor more
Vested Percemqe of
Pptjtjpept's Accrucd Pe;isic;.
0-/o
100%
Service as used in Article V, Sections 3 ml 4 shall include only tbe Participllll's pcrioc: ~f employment
wi1h the City ofEqlewood.
Payment of a Deferred Vested Pension shall com~ as of tbe first day of tbe ::omb oc:xt
followioa the Partic:qall's 1R1inmer,r ofaae fifty (50) ifbe is livin&; however, iflhe Pa.-:C:.pam
~ a refimd ofhis Coaaibulion Moannlltioa uader Anide vm, Section lb he:ec:: be shall
bfeit u:b Defared Vested Pension. If a Panicipam miles puauam to Ibis Section pr.er to tbe last
day oftbe moalb. his first paymcm bereunder shall include a pania1 paymcat prorated fr=m his date of
retircmml to the end of the moolh.
$cstioq4.
for a Defared Vesred Pension shall receive a IDODtbly amount equal to:
Two ml one-bllfpercem (2 112%) ofhis Fiml Moalbly Compeaarion :ultiplied by
his firs twaty (20) years of Service wilh the Employer. plus oae pccem (1%) for each
additioaal year of Service, to a maximum of silay-fiw percent (65%) of F:ml Mombly
CompenseriorL
lt'C.al'l'-•••a.w
V-2
...
0
• •
0
,
-•
•
·, -
,,
•
Sectiog 5. No Prs:mrr jn Bm;fjg: This restated Plan shall not result in the decrease of
bcoefits accrued by any Participant under the Previous Plan irnrncdiue\y prior to the Effective Date of
this resrared Plan.
Sectiog 6. 'ncrer1 jn Beach: Provided that the Trust Fund is property funded u
provided in Anicle IV bereo( and upon r:ecommm:llrion of the Board, the City COUDcil of the City of
Eaalewood may 1DDually vote upon and approve an increase in the Ac:c:rued Pension being paid to any
Pmticipmu receivin& bendits under this Plan in m amount not to exceed five perccDt (5%) per year.
Sectiog 7, Bcgyired Qianlzyliop of Rs;tjm,psn Bepcfits: Effective January I, 1992,
notwidmaudina my provision oftbe Plan to the comrary, pursuant to Code Section 40l(a)(9), payment
ofbcoefits shall cornrne:nc:e not larcr than the later of April I of the calendar year following the
calendar year in which the Participant anaim aae seventy and one-half (70-1/2), or tfflllinares
employment.
V-3
. '
•
..
• •
0
I
Section 1.
•
•
. • '
...
ARTICLEYJ
Form of Payment
I •
NonnaI Form of Pension -Sjggle Life: Unless otherwise elected uncer this
Article VI, any Pension accrued under Article V hereof will be paid as a Sinale Life Pemion. t:ndcr
this form of Pension, monthly payments arc made to the Participant duriq the rernaiaiaa '.m oftbe
Participant.
Section 2, Optiogal Forms ofBenefit: Effective January I, 1998, subject to s.x::i uniform
rules and rqulalions as the Board may prescribe, and the restrictions contained in this A:::c:!e VI, a
Participant may, in lieu of the Normal Form of Pension above, elect one oftbe following :ccis of
benefit which shall be the Actuarial Equivalent of the Normal Form of Pension to which=: -would
otherwise be entitled. The Participant must make any election ofan Optional Form ofB~t in
writin&, and such election must be filed with the Board at least tbilty (30) days prior to d:e :uc date of
the first payment of benefits under the Plan. The election of an option may be cbanaed a: ~-time
prior to tbilty (30) days preceding the due date of the first paymcm of benefits under the ?~
However, an optional form of payment may not be el.:c:ted unless the value of the payme::::a :x:pec:ted
to be paid to the Participant exceeds fifty perccm (50%) of the value oftbe total benefits :o be paid
under such optional form.
Segion3 , Oyalific;d Joim and Syryiypr Bmcfit Optigg; The Qualified Joint mi Survivor
Bcncfit option provides an adjusted monthly benefit payment duriaa the Participant's life : and the
spouse (to whom the Participant was married when his benefit c:ommcaa:d), if survivina :1t :he
~IUIIIC
VI-I
,,,_
• -
D
..
• •
I
]-
•
. , .
•
Participant's death, shall receive thereafter for life a monthly benefit of fifty percent (50-/e) of the
adjusted monthly amoum paid to the ParticiplDL
Widiin a reasonable time before the Participant's benefit commencement date bcn:under, the
Board shall provide to the Participant a written explanaiion of the terms and conditions of the Qualified
Joint and Survivor Benefit set forth herein and the effect of refusing iL If the Employee wishes to elect
a form of payment other than the Qualified Joint and Survivor Benefit, such election will not become
effective unless bis spouse (ifbc has a spouse who can be loc:ared) consents in writing to such election,
aclcnowlecfaes the effect of such election and bas such consent and acknowledgment witnessed by a
Plan representative or a notary public. A properly completed benefit election form (furnished by the
Board) must be returned to the Board within thirty (30) days prior to the Participant's benefit
commencement date. If the Participant files another election form after the earlier form and prior to his
benefit cornmcncrment date, the earlier form shall be annulled.
Sectioq 4, One Hundred Pm;egt Joipt and Survivor Benefit Option; The one buadred
percent ( ! 00%) Joint and Survivor Benefit option provides reduced monthly benefit paymems durin&
the Participant's life, and upon his death after retirement, continues payments in the same reduced
amount to a desiipmcd Beneficiary durina the life of such Beneficiary .
Sections, fifty Pez:cwt Joipt and Syryjvor Bcpgfit Option: The fifty percent (50%) Joint
and Survivor Benefit option provides reduced monlhly benefit payments durina the Puticipant's life,
and, upon bis death after retirement, continues payment in an amcunt equal to fifty percent (500/o) of
the amount of such reduced payments to a desipred Beneficiary durina the life of such Beneficiary .
VI-2
,,,_
•,
...
• • •
0
I
-
•
• ,,_
•
. • '
...
Seqiop 6, Fjye Ya Cm,ip pd Llfe Bmcfft Opqgps; The five (S) Year Cerain and Life
Benefit option provides adjUSled moadlly benefit paymea11 durins 1be Participant's life, and upon bis
dalb aftm' teti.euw widlin 1be sixty (60) moadl period. pay1D1111S shall be comiDued to tbe
daill'*d Beneficiary for tbe balance oftbe sixty (60) moadl period.
Seqiop 7. Bgficjpy: Efrectiw January 1. 1991. tbe Plnic:ipmt must dcsiamre bis
Beneficiary m writina. If a married Plnicipat wishes to desiamre smneone omer mm bis spouse to
be a primary Beneficiary, sucbdaiparion will not become (or continue to be) etfective unless bis
spouse (d'bis spouse can be localed) comena, iD wri1iDI, to such desipmion (or form ofbenefits)
which may not be chanpd without spousal coascnt ( or 1be consem of the spouse expressly pennits
daiperioas by tbe Particip111t without any requirement of further consent by the spouse).
acknowledps 1be effect of such desiperion and bas such consem md acknowledp,em wi1Dmed by a
Plan represemerive or a noay public. Such desiperioa shall be made iD writina upon a form provided
by 1be Board and sbaU be filed wi1b 1be Bon. 1be last such desiparion filed witb 1be Board shall
c:calrOI.
ltC.alf-··IUIIC
Vl-3
. .
• .
..
• •
0
Section 1.
• . ,~
•
ARTICLE YD
Death Benefig
•
Pnrb Benefit for Swyjying Spoyg or QmmdsJt Parent: If a retired Participant
who is ~ivina a Pension benefit bereundcr shall die. leaving a surviving spouse or dependent parent
or parents. such surviving spouse or dependent parent or parcms shall be awarded a monthly annuity
equal to the greater of: (a) one-third (l/3) of the monthly salary of a first-grade firefighter at the time of
his death or retirement or (b) fifty percent (500/e) oftbc monthly amount being received by the
Participant at his death, so long as the surviving spouse or dependent paii=it remains unmarried. If
such payment is to be made to two dependent parents, it shall be divided equally between them. No
dissolution of a subsequent marriage shall have the effect of reinstating said spouse or dependent
parent on the Pension roll or authorizing the granting of a Pension. A Pension shall be paid to the
surviving parent or parents of a dcccascd retired Participant only if there is no surviving spouse or
children.
Section 2, Pearb Benefit for DependsJt Children: The Board shall direct a Death Benefit
be paid to the survivina spouse or parent, or the legally appointed guardian, of each dependent child of
a deceased mired Participant who was, at the time of his death. receiving a Pension benefit bercundcr.
Such Death Benefit shall be a monthly annuity equal to thirty dollars ($30) per month for each
dependent child, to continue until such child reaches the aae of ciabtcen ( 18) years or dies. if earlier.
Section 3. Darb Benefit after Eligibiljty for a Deferred Vested Pensjog: If any Participant
should die after be is clisible for a Defcrted V csted Pension bcmmdcr but before Pension benefits have
commenced. his spouse, if livina, or his cswc, if no spouse or if his spouse is not livina, shall be
VII-I
•.
...
•· •
0
,
-
J-
•
..
•
(.
cmitled to receive the Participanl's COllln"butioo Accumulalion in a single sum. In lieu of this single
sum. a surYMJII spome may elect the moadlly dearb bendit set fonh in Section 1 of this Article VII to
bepn oa the last day of the moadl followin& the ct. die Plnicipat would have lllained aae fifty (SO).
Scmm4, Prpof ofQndr For die purpoae oflbis Plan. the prodm:tion of a cenified copy
of die dada cenific:ate applicable to die dee c 11 ~ sball be sufficient evidence of death. and die Board
sball be tblly i*ulliaCIEd in relyiq tbereoa. In the ablence of such jX'OO( die Board may rely upoa such
odm evidence of dada a it deans nee ry or advisable.
ScmmS, Additioml PnSb Bmcfit The Board shall direct an Additional Dadl Beadit of
one hundred dollars ($ l 00) be paid to the survivina spouae or family of the dee c 11< d active or reared
Panicipat, or such other person a die Board shall desi!PI*.
VII-2
--.......
. '
,
..
,
,./
• •
0
I
]-
•
• •
~-
ARTICLEym
Coggjbyriog tV£UPJ]Jlf'ion Bsfinh
Segioq l Cgpgjbyriog :'rrwrndl'im Bcfupd to PptjtjQIPt
L Prior to f;lifribility for Pmsigp Bmsftu: If any Participlm's employmcm with
the Employer is tmninalcd before be qualifies for a benefit under the provisions of Article V
hereof: be shall be cntided to receive his COlllribulion Accumulation in the form of a single
sum payment; however, in order to receive such single sum payment, be must apply in writing.
b, After Eligibility for Pefmed Vestgd Pension Benefits; If any Participant's
employmeat wi1b the Employer is 1amiuated em:itlin& him to a Deferred V estcd Pension
bcrcundcr, be may elect in writiq to receive his Conaibution Accumulation payable in a sinale
mm a anytime prior to the comlllffll:emcnt of his retirement benefit; provided, however, that
such election shall not be effective unless his spouse (ifbe bas a spouse who can be located)
c:omems in writina to such election, admowlcdacs the effect of such election and bas such
comcnt and acknowledgment witnessed by a Plan representative or a notary public. If a
Participant docs not elect to receive such payment, it shall remain in the Plan and he shall
receive bis regular Deferred Vested Pension in accordance with the provisions hereof.
In the event the Participam elects to take his Comnbution Accumulation as set forth above, his
Deferred V csred Pension otbc:rwise payable hcrcundcr shall be forfeited.
c. Forfeiture op Dgth: If benefits arc payable from the Fire and Police Pension
Association upon the Participant's death, then the Participant shall forfeit his Conaibution
Accumulation.
4 Forfeiture op Diphiliryi If benefits arc payable from the Fire and Police
Pension Association upon the Participant's Disability under Section 31-31-803, Colorado
Reviled SlmUleS (md prior to May 23, 1996, under Scion 31-30-1007, Colorado R.evued
SlalUteS), then the Participant shall forfeit his Conaibution Accumulation.
lteaff-••1z.w
VID-1
. ,
•,
• •
0
, I
]-
•
• t•
. • '
'·
ARTICLE IX
A4rnirnlDJtion Bv Board Qf Jruses
Section J, Establj,bment and Geperal Duties: There is bceby created a Board of Trustees
("Board") wbo shall manaae, use. and disburse the Trust Fund in conformity with its rules. by-laws and
this Plan. The Board shall take all necessary steps and pursue all necessary remedies for the
praervation of the Tnist Fund.
IICSecJ:i-·on-...2.._, _....,Mem-.. bers.....,.: The Board shall consist of(a) the Mayor oftbe Employer, (b) the
Director ofFimncial Services of the Employer, who shall be treasurer of the Trust Fund. (c) one
citizen Member appointed by the City Council, and (d) three (3) Members wbo are active Participants,
unless there are not three (3) active Participants remaining, in which case u many active Participants
as there are remaining, and the remainder of the three (3) shall consist of mired or defe:':'ed vested
Participants. Such Participant members shall be elcc:tcd by a majority vorc of the Participams
bcmmder. The President wt Seaetaay shall be elcc:tcd by the Board.
.111:SectilllYl·¥1ogiL,;J"-.--T,1,1erms1&.11111a.: The Board shall serve terms of office as follows: the Mayor for tenure
in office; the Director of Fimmcial Services for tenure in office; the City Council appointed citizen
Member for a three (3) year Imm of office; the three (3) Members wbo are aclive. lWRCi or deferred
vested Participants for a three (3) year term of office; and the term of office for the Presidcm shall be
for one ( 1) year. Initial election of the Participams shall be conducted to elect one ( 1) Member for
three (3) years, one (1) Member for two (2) years and one (1) Member for one (1) year, and their tenure
of office shall nm from January 1 to December 31 of each year. The Board shall amn,e for elections
of such Board members and shall establish the rules and procedures to be followed in such elections.
IX-1
,, -
• '
..
•· •
0
,
-
•
•
• Ill -
0 t•
•
..i:$ecti-·:1i1.19DIL4~·--..i:.Mll<een-·o .. sso1a.: The Board shall hold a minimum of four (4) general meetings each
year. Special meetings of the Board shall be held at any time at the call of the President or any three
(3) members of the Board.
,c;Secn.....,·.,..og.....,..5. ___ __.,0u.,....orwn,...._.: A majority of the members of the Board shall constitute a quorum.
Section 6. Majoritv V otc: All actions taken by the Board shall be by a vote of a majority of
those imscnt at such meetings, except that no member of the Board shall vote on any matter which
pertains solely to himself or to his rights or benefits under the Plan.
Sc;ction 1. COJJJPS]wjop: No member of the Board shall receive compensation for his
service on the Board but a member may be reimbursed for reasonable expenses incurred in connection
with his duties as a member of the Board.
Segiog 8, Bvls pi Brsulflions : Subject to the limitations of the provisions of this Plan,
the Board shall from time to time esublisb rules and rqulations for the performance of its functions
md the edmini ai.m of dm Plan.
1111Scstim-·-.""'9' ___ ...... PR!Pla.:::::-= TIie ao.d ...U baw all powers nee ery to supervise the
adminisumion ofdlis Pia 111d lbc Tl'llll Fuad and to CODIIOl its opemion in accordaace with its terms,
L To make. amend, imerpret, 111d enforce all appropriarc rules and repw:ions for
the admioisll'atioa of lbc Plan and to decide cw raolve any and all questions, includma
inrcrpremioas of the Plan, u may arile in cwion with the Plan;
b. To determine the amounts and time of payment of benefits and the rip of
Participants and Beneficiaries to Plan benefiu; to take any actions nec:esmy to mure timely
payment of benefits to any Panicipem or Bcneficimy elipble to receive benefits under the Plan;
and to assure a full and fair review for any Participant who is denied a claim to any benefit
under the Plan;
N-IUIDC
IX-2
• .
•· •
0
I
•
•
c. To determine all considerations affecting the eligibility of any Employee to be or
who becomes a Participant of the Plan;
d. To determine the Service credit of any Participant and to compUIC the amount of
any sum payable under the Plan to any person;
e. To authorize and direct all disbursements under the Plan;
f. To employ any person or organization to obtain such clerical. medical. legal and
actuarial services as it may deem necessa,y or appropriate in carrying out the provisions of this
Plan;
g. To make or arrange for valuations and appraisals of the assets held under this
Plan and with the advice of an actuary, to determine the liabilities of the Plan;
h. To create reserves for such assets for any purpose;
i. With the advice of an acnwy, from time to time to adopt for the pur;,oses of this
Plan. such mortality and other tables as it may deem necessary or appropriate for :::e operation
of the Plan;
j. To authorize the Chairman of the Board to sign all legal docume:its and reports
on behalf of the Board;
k. To bold the assets of the Plan in a Trust account entitled "Fireti&hte:s Pension
Fund for the City ofEqlewood," and invest and reinvest the same and to make sue
withdrawals therdrom as may be autboriz.ed by this Plan for tl.e payment ofbe:lefus mi
expenses of the Boud and the Members thereof. The Board may select a Corporaie Tnistee.
Custodian or Investment Advisor to assist in the~ oftbe Trust Fund. •
l. To rn•iatain such records and accounts and to render such financial SlllfllkirtS
and reports as may be required from time to time.
Section 10. Detjsiogs; Any decisions of the Board and my action taken by it 'Q,ith respect to
this Plan. shall be conclusive and binding upon any and all Participants, retired Participants. their
beneficiaries, heirs, distributces. executors, adminislrators, md assilPIS, md upon all othe: ;,e:sons
whalsoever. All decisions made by the Board sball be made in a nondiscriminatory mamie:.
IX-3
..
•· •
0
,
-
-
•
•
•
• •
.,
Se5;tima l l. BCPPn of Board: The Board shall make m amwal report to the Employer on the
condition oftbe Trust Fund.
.,
• •
0
,_
-
•
•
·,
•
•
<.
ARTICLEX
TrystFugd
Sectjon I, fS1b!i1brnem of Trust Fupd; A Tnm Fund has been established :or the purpose
ofreccivia&.coa1n"butions and payina benefits under this Plan. The Board shall adminis-.er the Trust
Fund in accordaace with the terms of this Plan. The Board, in its discretion. may with City Council
approval. appoint a Trustee. insurance company or invesanent manapr to invest all or a ;,ortioa of the
ftmds.
Section 2. Payment ofComn}utiom to Trust Fugd; All contributions under :ms Plan shall
be paid to the Trust Fund to be held, invested and reinvested therein. All property and ft=ds of the
Tnm Fund, including income from invesancms and from all other sources. shall be retai:ed for :he
exclusive benefit of Employees. IS provided in the Plan, and shall be used to pay bcaefit.s _:.o
Employees or their beneficiaries. or to pay expenses of admirristtllioa of the Plan and T:-.=st Fund to the
mmt not paid by the Employer, except IS provided in Article XIV, Section 4 hereof. Ii:..-esane:n of
the Trust Fund shall be subject to Tide 31, Article 30.S, Part S, 111d Section 31-30.S-103 .:,ftbc
Colorado Revised Statutes (mi prior to May 23, 1996, Sections 31-30-701, 31-Jo-702 az:c 31-30-1012
of the Colorado Revised Scamtcs) .
11C.a11"1a u aw
X-1
•
..
• •
0
I
]-
•
•
0
•
..
ARTICLE XI
Special Governmental Requirements
Section 1. Maximwn t\noual Benefit Under Code Section 415 : Notwithstanding any other
provision contained herein to the contrary, the benefits payable to a Participant from this Plan. shall be
subject to the limitations of Code Section 415 in accordance with subparagraph a below:
a. Defined Benefit Plan<s} Onlv: Any annual Pension payable to a
Participant hereunder (including any annual Pension paid to such Participant from another
defined benefit plan of the Employer) shall not exceed Ninety Thousand Dollars ($90,000)
adjusted for increases in the cost ofliving, as prescribed by the Secretary of the Treasury or his
delegate, effective January 1 of each calendar year and applicable to the Limitation Y car ending
with or within such calendar year.
Except as provided in the following , which imposes additional limitations on the
amounts payable to Participants with less than ten ( 10) years of Service. :he foregoing
limitation shall not be applicable with respect to any Participant whose annual Pension under
this Plan and any other defined benefit plan maintained by the Employer. is less than Ten
Thousand Dollars (Sl0.000) and such Participant has not at any time partici pated in any defined
conaibution plan (within the meaning of Section 415(k) of the Code) maintained by the
Employer. In the event that a participant has been credited with less than te:i (I 0) years of
Service, the maximum annual Pension allowable under this Section shall be reduced by
multiplying such maximum annual Pension by a fraction, the numerator of which is the number
of such Participant's years of Service ( or pan thereof), but never less than one (1 ), and the
denominator of which is ten (I 0 ).
The limitations of this Section apply to a straight life annuity .. i th no ancillary benefits
and to an annuity that constituleS a qualified joint and survivor annuity. provided payment
begins between ages sixty-two (62) and sixty-five (65 ). lfpayment is in a different form, the
amount thereof shall be adjusted to be the Actuarial Equivalent of a single life annuity and the
limitations shall be applied to such adjusted amount. If payment begins :,efore the Participaot's
attainment of age sixty-two (62), the limitation in (1) above shall be reduced on an Actuarial
Equivalent basis; provided however, if such payment begins after the Participant artains age
fifty-five (55 ), the reduced limit shall not be less than seventy-five Thousand Dollars ($75,000)
and, if payment begins prior to the Participant attaining age fifty-five (5 5), the reduced limit
shall not be less than the Actuarial Equivalent of the seventy-five Thousand Dollar ($75 ,000)
limit for age fifty-five (55); (provided, further , however, as to police or fircfighten who are
Participants in this Plan, in no event shall such amount be reduced below Fift y Thousand
Dollars ($50,000), adjusted for increases in the cost of living, as prescribed by the Secretary of
Treasury or his other delegate). If payment begins after the Participant's attainment of age sixty-
"~'~
XI -I
•
I· •
0
'
-
-
•
•
0 !• -
'·
five (65), the limitation in (1) above shall be the Actuarial Equivalent of such amount otherwise
applicable at the Participant's attainment of aae sixty-five (65). The interest rate to be used in
determining Actuarial Equivalence shall be the r111e specified in Section l .2(b) hereof, however,
the interest rare used in determining an Actuarially Equivalent single life amount or an
Actuarially Equivalent pre-qe sixty-two (62) amount shall not be less than five percent (5%)
and the interest rate used in determining an Actuarially Equivalent post-age sixty-five (65)
amount shall not be greater than five percent (5%).
In no event shall a Participant's maximum annual Pension allowable under this Section
be less than the annual Pension (including early Pension and qualified joint and survivor
annuity amounts) duly accrued by such Participant (under Code Section 415 limitations then in
effect) as ofDecember 31, 1982, or as of December 31, 1986, whichever is grearer
( disregarding any Plan changes or cost-of-living adjustments occurring after July 1, 1982, as to
the 1982 accrued amount, and May S, 1986, u to the 1986 accrued amount).
b. Emplovee Conaibutions: For purposes of this Section the Defined Benefit Plan
limits shall not apply to a Participant's Accrued Pension providable by Participant
connibutions.
Section 2. Restrictions on Twenty-five Highest Paid Emplove;s: In the event of Plan
tcnnination. the benefit hereunder of any highly compensarcd Employee and any highly compensated
former Employee ( as defined in Code Section 414( q)) is limited to a benefit that is nondiscriminatory
under Code Section 40l(a)(4).
Section 3. Restrictions on Disgjbutions: The annual payments to any "bip-25~ Employee
(defined below) are restricted to an amount equal to the payments that would be made on behalf of the
Employee under (a) a single life annuity that is the Actuarial Equivalent oftbe sum oftbe Employee·s
Accrued Pension and the Employee's other benefits under the Plan (other than a social security
supplement), and (b) any payments the Employee is entitled to receive under a 90cial security
supplement. The resaictions do not apply, however if:
a. after payment to such Employee of all such benefits, the value of Plan
assets equal or exceeds one hundred ten percent ( 110-/,) of the value of current
liabilities (as defined in Code Section 412(1)(7)), or
b. the value of such benefits for such an Employee is less than one percent
( 1 % ) of the value of such current liabilities.
XI-2
'
•· •
-
•
•
•
• ,.
• .
' '
Section 4. Employees Whose Bepcfits Are Rggjcted OJigh-25 Employees}: The
Employees for any given Plan Year whose benefits are restric:ted under Section 3 above ("higb-
25 Employees") include the twenty-five (2S) bipest paid, for such Plan Year, of all bigbly
compensated Employees and highly compennrrd former Employees(• dcfiDed under Code
Section 414(q)).
Sectigg S. "BmEflt" Qdjm;d· For purpmes ofSedioD 3 above, "bmmt" includes,
amo111 other benefits. loans in excess oftbe IIIIOUIIIS • fordl in Code Section 72(p)(2)(A), any
periodic income, any witbdrawal values ~yable to a liviDa employee. md any death benefit not
provided for by insurance on the Employee's life.
Section 6, Val,uc ofAsgts and Cym:m Ljabilities: For pmposes of Section 3 above,
the value of assets md current liabilities must be as of the same date and determination of
current liabilities must be in accordance with Treasury Replation Section 1.40l(a)(4)-5(b) .
XI-3
II ~
• .
...
<
..
• •
0
f ~" , I
-
Section J.
•
•
'·
ARTICLE XII
Quaramees and Liabilities
Nonguarantee of Employment; Nothing contained in this Plan shall be
;-
construed as a contract of employment between the Employer and any Employee, or as a right of any
Employee to be continued in the employment of the Employer, or as a limitation of the :ight of the
Employer to discharge any of its Employees, with or without cause.
Section 2. Rights to Tryst Assets: No Employee shall have any right to, or imerest in, any
asseu of the Trust Fund upon termination of his employment or otherwise, except as provided from
time to time under this Plan, and then only to the extent of the benefits payable to such E.::lployee out
of the assets of the Trust Fund. Neither the Employer, the Trustee, nor any member oftt.e Board shall
be liable to any Employee or Beneficiary for benefits from this Plan, except for those pa~:able from the
Trust Fund to a Participant in accordance with the terms of the Plan and the Trust.
Section 3. Nopaliepation of Benefits: Benefits payable under this Plan shall ~t be subject
in any manner to anticipation, alienation, sale, lrlmfer, usiamnent. pledge, encumlnnc:. cha!Je,
pmisbmertt, execution, or levy of any kind, either volunwy of involuntary, either prior :o or
subsequent to, bein& received by the person entitled to the benefit under the terms of the !)Ian. AIJ.y
mempt to anticipate, alienate, sell, aansfer, assip. plecfae, encumber, c:harac or ~ise dispose of
any ri&ht to benefits payable hereunder shall be void. The Trust Fund shall not in any maimer be liable
for , or subject to, the debts, contrlCtS, liabilities. mpaemcnts, or tons of any person entitled to
benefits bemmdcr. None of the unpaid Plan benefits or Trust aam shall be considered an asset oftbe
Participant in the event of bis insolvency or banlauplcy.
XD-1
•· •
f
•
• •
•
Notwitbslanding the foregoing. in acc:ordm:e with Section 31-30.5-208, Colorado Revised
Statutes (and prior to May 23, 1996, Section 31-30-412, Colorado Revised Sratures), 1be Board may
approve: (1) payment to an altmmre payee baed upon an usipn,em for child support purposes as
provided for under Sections 14-10-118(1) 11111 14-14-107, Colorado Revised Sratures, a diose sraattes
existed prior to July 1, 1996; (2) income ISSipmentJ for child support purposes u provided for under
Section 14-14-111.S, Colorado Reviled Stmura, e1fective July 1, 1996; (3) wriu ofpmisbmem that
are lbe result of a judpem tatm filr aneaaps for child support or for child support debt; and ( 4)
e1fective Jammy l, 1997, paymm11 made iD compliance with a properly cxecnred court order
approviq a wnam ...-f'lllllred info pursuam to Section 14-10-113( 6), Colorado Revised
Stmu1a. Such paymems shall not be deemed a prohibited alienation of benefits.
XII-2
-------
•,
• •
0
f ___ I
-
•
•
,.
•, •
(.
A&JJCLEXIII
SectiogJ. Bim 1P Asre!d· The Employer (or otber body duly autborized by the
Employer) raena the ript to mate. fiom time to time, my am,nhnent or wre,,dmcnm to this Plan
wbich do not permit reversion of any part of the Trust FUDd ID the Employer except as provided in
Article XIV, Section 4, mi which do not ca111e my part of the Trust Fund to be med for, or diwrll::d
to, my purpose other tba the exclusive benefit of PanicipllllS included in tbis Plan and wbich does
not, duec:dy or indirectly, reduce any Paniciplnl's Accrued Pension unless such amenclmem is requimi
in order to maintain the Plan's qualified swus under Code Section 40l(a); provided, however, dm no
such arncndment may be made without the consent ofat least sixty-five percent (65%) of the tolal
votes cast by all the aft'ec:ted active Panicipams and all the atfected retired and deferred vested
Participants entitled to, or receiviua, a Pension benefit hereunder, a the time the Plan is so amended. as
provided in Section 31-30.5-801 of the Colorado Revised Staues (mi prior to May 23, 1996, under
Section 31-30-417 of the Colorado Reviled SlalUICS) .
xm-1
..
.,
• •
0
-•
• t• -
..
ARTICLE XIV
Withdrawal and ImiPll:ion
Section J. Plag Tmjgatjon: If permitted by Colorado swutcs and approved by the
Colorado Fire and Police Pension Association. the Employer may at any time, by adoption of a
resolution. terminate this Plan.
A partial taminalion of this Plan will occur if required under the qualification requirements of
Section 40l(a) of the Code.
Section 2. Allocation of Assets Upon Plan Jmnjgatjon: Upon termination or partial
termination of the Plan, the benefits accrued up to the date of termination by the affected Participants
and their beneficiaries, respectively, shall be nonforfeitable; however, actual payment of such benefits
shall only be to the extent permitted from the Plan assets. The assets of the Trust Fund shall be
allocated to provide such nonforfeitable benefiu, to the extent possible, in the order of precedence
determined by the Board at such time.
Sztion 3. Magner ofDisgjbution: Any disaibution after termination of the Plan may be
made at any time, and from time to time, in whole or in pan. to the extent that no discrimination in
value results, in cash. in securities, or other assets in kind (at fair market value), in the form of a
Pension or a continued Pension. in nontransferable annuity contracts, or in installments. as the Board,
in its discretion. shall dctcrminc.
In making such disaibution. any and all determinations, appraisals, apportionments and
allotments shall be made by the Board acting under the information supplied by the actuary and shall
be final and conclusive and not subject to question by any person.
XIV-I
..
•· •
0
-
]
•
• •
<.
Section 4. AmoypJs RGNQWble tp the EDJPkm:r In no event shall the Employer receive
any amounts from the Trust, except sucb IIDCMP111, if my, a set forth below:
L Upon lfflniMMD of the Pim the Employersball receive such amoums, if any,
as may remain after the sarisfaction of all liabilities of the Pim to its Participants and their
beneficiaries, and arisiq out of any 'Ylrilliom between aclUal .equitemeuts and expected
actuarial requirements.
b. In the event of a contribution made by the Employer by a mi.stake of fact. such
contribution may be retumed to sucb Employer widun one (1) year after payment thereof.
c. If the Employer's dcr.erminalion letter issued by the Oislric:t Director of IDlaDal
Revenue as to the Employer's adoption of this Pim is an initial determination letter and is to the
eft'ect 11m the Pbm and Tnllt baeiD set fm1h or u l'!'eN«'d prior 10 the receipt of sucb lcaer do
not meet the requirements of Sections 40I(a) md SOl(a) of the Code. the Employer shall be
emided to widldraw, widlin one (1) yearoftbc da ofissulncc of such letter, all of its
comn"butioos made on and after the Effective Date, as tbouah it had never adopted this Plan and
Trust.
Sections. Applicable Law: All questions arisiq with respect to the provisions of this Plan
shall be determined by tbc applicalion of the laws of tbc Staie of Colorado, except to the extat such
law is preempted by Federal stature.
XIV-2
..
• •
-•
0 -
ARTICLE XV
Djrect Rollovers
Section 1. Genqal: This Article applies to distributions made on or after January I, 1993.
Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributec's
election under this Article, a Distributee may elect, at the time and in the manner prescribed by the
Board. to have any portion of an Eligible Rollover Distribution which exceeds $200 paid directly to an
Eligible Retirement Plan specified by the Distributee in a Direct Rollover. If a Distributec's Direct
Rollover Disttibution is less than $500, the Distributee may only elect to Direct Rollover 100% of the
Eligible Rollover Distribution.
Section 2. Definitions:
a. Eligible Rollover Disttjburion: An Eligible Rollover Distribution is any
distribution of all or any portion of the balance to the credit of the Distributec, except that an
Eligible Rollover Distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life (or
life expectancy) of the Disttibutce or the joint lives (or joint life expectanc:ies) of the Distributee
and the Distributee's designated Beneficiary, or for a specified period often years or more; any
distribution to the extent such distribution is required under Code Section 40l(a)(9); and the
portion of any distribution that is not includable in gross income (determined without regard to
the exclusion for net umealizi:d appreciation with respect to Employer securities).
b. Eligible Retirement Plan: An Eligible Retirement Plan is an individual
retirement account described in Code Section 408(a), an individual retirement annuity
described in Code Section 408(b), an annuity plan described in Code Section 403(a}, or a
qualified trust described in Code Section 40l(a), that accepts the Disttibutee's Eligible Rollover
Disuibution. However. in the case of an Elipble Rollover Distribution to the surviving spouse.
an Eligible Retirement Plan is an individual retirement account or individual retirement
annuity .
c. Djsaibutce : A Disttibutee includes an Employee or former Employee. In
addition, the Employee's or former Employee's survivina spouse and the Employee's or former
Employee 's spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Code Section 414(p), are Disuiburees with reprd to the interest of
the spouse or former spouse .
XV-I
•
..
•· •
0
f
-•
• C.
•
..
d. Direct Rglloyer: A Direct Rollover is a paymcm by the Pim to one Elip"ble
Rdiremml Pim specified by the Dislribulee.
e. W,mr gf 30 Day Nglice fpr Crbovn gf $3,SOO gr I m: If a dislnDUDOll is one
to wbicb Code Seclions 401(a)(l 1) 111d 417 do not apply, such dislribulioD may commeAi:e less
dllll cbirty (30) days after the DOCice requinld under Tzasury RqulatioD Section 1.41 l(a)-l l(c)
is aiwa. pn,vided tbal:
(1) the Bead clealy idlllm die Panicipmt tbll the Parlicipat bu a riabt to a
period" of at lall tbirty (30) days a6er receiviq tbe D01icc to coasider the decision of
wbelba' or not to elect a cbr"'burion (ad, if applicable. a particular disln"bution
opliaa). aad
aua::ma11 ~
XV-2
. ,
..
• •
0
I ~'))( I
]-
• "' -
I'
• I•
• .
(.
IN WITNESS WHEREOF, and as conclusive evidence oftbe adoption oftbe forqoiag
instrument c:omptising City of Englewood Firefighters Pension Pim (As Restated January 1, 1996), the
Employer bas caused its seal to be affixed bemo and these presents to be duly execured in its name and
behalf by its proper officers 1bereumo autbori2led this_ day of ____ _, 19 _.
ATI'EST: CITY OF ENGLEWOOD, COLORADO
By
City Clerk Mayor
------~ --J--
•
' .
..
• •
ORDINANCE NO._
SERIES OF 1998
•
0
•
BY AUTHORITY
, .
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 3, CHAPTER 7,
SECTION 2 AND ENACTING A NEW TITLE 3, CHAPTER 7, SECTION 2 ,
ENTITLED SUPPLEMENTAL DISABILITY BENEFITS WHICH PERTAINS TO
DISABILITY BENEFITS FOR POLICE OFFICERS'.
WHEREAS , the City Council of the City of Englewood , Colorado authorized the
passage of Ordinance No . 42, Series of 1993 and Ordinance No . 38, Series of 1997
implementing the current E.M.C. 3-7-2 · Permanent Disability Benefits ; and
WHEREAS , the supplemental disability benefit for police officers has been in place
for over 20 years and has been the subject of numerous Pension Board discussions :
and
WHEREAS , the Englewood Police Officer's Pension Board voted to approve these
changes on April 9 , 1998; and
WHEREAS , the passage of this ordinance will authorize the formation of a new
board to administer this benefit based on clearly defined criteria ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood , Colorado hereby repeals Title
3 , Chapter 7, Section 2 . entitled "Permanent Diaability Benefita," of the Englewood
Municipal Code 1985, and enacta a new Chapter 3 , Chapter 7, Section 2, entitled
"Supplemental Disability Benefita" which shall read as follows :
3-7-2: SUPPLEMENTAL DISABILITY BENEFITS:
A. IN ORDER TO St.;PPLEMENT THE INCOME OF ANY POLI CE OFFICER,
WHO , AS A RES ULT OF INJ RY OR ILLNESS , RECEIVES AN
OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE
PENSION ASSOCIATION SHALL RECEIVE A MONTHLY BENEFIT PAID
FROM THE "SELF-INSURANCE FUND ," DEFINED IN TITLE 4, CHAPTER 3 .
SECTION 7 OF THIS CODE , AS DETERMINED IN THIS SECTION.
B . ANY POLICE OFFICER HIRED PRIOR TO APRIL 8 , 1978 RECEIVING AN
OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE
PENSION ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20%) OF
THE BASE SALARY PLUS LONGEVITY THE POLICE OFFICER WAS
EARNING WHEN THE DISABILITY WAS AWARDED . THE BENEFIT
PAYMENT SHALL BE IN ADDITION TO ANY BENEFITS PAYABLE TO THE
POLICE OFFICER FROM THE STATUTORY POLICE OFFICERS' PENSION
FUND.
10 b iv
•· •
C
,
•
0 I •
•
C . ANY POLICE OFFICER HIRED ON OR AFTER APRIL 8, 1978 RECEMNG
AN OCCUPATIONAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TEN PERCENT (10%) OF THE BASE
SALARY PLUS LONGEVITY THE POLICE OFFICER WAS EARNING WHEN
THE DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE POLICE OFFICER FROM
THE STATUTORY POLICE OFFICERS' PENSION FUND.
D. ANY POLICE OFFICER HIRED ON OR AFTER APRIL 8 , 1978 RECEMNG A
TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20%) OF THE BASE
SALARY PLUS LONGEVITY THE POLICE OFFICER WAS EARNING WHEN
THE DISABILITY WAS AWARDED . THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE POLICE OFFICER FROM
THE STATUTORY POLICE OFFICERS' PENSION FUND.
E . BENEFITS FROM THIS SECTION SHALL BE REDUCED IF A POLICE
OFFICER HAS EARNED ANY INCOME OTHER THAN THAT PROVIDED BY
A DISABILITY BENEFIT. AND IF APPLICABLE. A WORKERS'
COMPENSATION AWARD THAT PROVIDES A TOTAL INCOME GREATER
THAN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%) OF THE
BASE SALARY PROVIDED TO AN ACTIVE POLICE OFFICER OF THE SAME
RANK AT WHICH THE POLICE OFFICER RETIRED, THE DISABILITY
BENEFIT SHALL BE REDUCED BY TWENTY-FIVE PERCENT (25%) OF THE
ADDITIONAL EARNED INCOME.
F . ALL BENEFITS FROM THIS SECTION SHALL CEASE IF THE POLICE
OFFICER CEASES TO QUALIFY FOR AN OCCUPATIONAL OR TOTAL
DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION .
G . ALL BENEFITS FROM THIS SECTION SHALL BE SUSPENDED OR CEASE
IF THE POLICE OFFICER FAILS TO PROVIDE ANY INFORMATION
REQUESTED BY THE SAFETY SERVICES SUPPLEMENTAL DISABILITY
BOARD BY THE DATE INDICATED ON THE REQUEST.
H . ALL BENEFITS FROM THIS SECTION SHALL CEASE ON THE POLICE
OFFICER'S NORMAL RETIREMENT DATE .
I. A SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE
CREATED AND COMPOSED OF TWO ELECTED MEMBERS FROM THE
FIREFIGHTER RANKS CHOSEN BY A MAJORITY OF THE FIRE DMSION
FOR A THREE (3) YEAR TERM : TWO ELECTED MEMBERS FROM THE
POLICE RANKS CHOSEN BY A MAJORITY OF THE POLICE DMSION FOR
A THREE (3) YEAR TERM ; ONE CITIZEN BOARD MEMBER FROM THE
POLICE PENSION BOARD ; ONE CITIZEN BOARD MEMBER FROM THE
FIREFIGHTERS PENSION BOARD ; THE FINANCIAL SERVICES DIRECTOR
OF THE CITY OF ENGLEWOOD. AND THE MAYOR OF THE CITY OF
ENGLEWOOD . FIVE MEMBERS SHALL CONSTITUTE A QUORUM FOR
COND CTING ANY BOARD BUSINESS . THE SAFETY SERVICES
S PPLEMENTAL DISABILITY BOARD IS GRANTED THE AUTHORITY TO
ISSUE REGULATIONS NOT INCONSISTENT WITH THE TERMS OF THIS
SECTION . DESIGNED TO CARRY OUT THE PURPOSE OF THIS SECTION.
AND TO HOLD HEARINGS. TAKE EVIDENCE . RECEIVE INFORMATION,
2
......
,, -
•.
•· •
0
' .,
•
•
0 t•
•, •
AND TO MAKE FINAL AND BINDING DECISIONS, AWARDS AND
RESOLUTIONS RESPECTING THE ELIGIBILITY OF APPLICANTS FOR
INITIAL AND CONTINUED PAYMENT OF SUPPLEMENTAL BENEFITS.
J . THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL
ELECT A CHAIRPERSON FROM ITS MEMBERS TO PRESIDE OVER
MEETINGS AND CONDUCT OTHER BOARD BUSINESS NOT
INCONSISTENT WITH THE TERMS OF THIS SECTION.
K. THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE
REQUIRED TO MEET ONLY WHEN APPLICATION FOR BENEFITS ARE
MADE OR AS DETERMINED BY THE CHAIRPERSON OF THE BOARD .
Section 2. This Section shall govern employees receiving a disability determination
from F .P.P .A. on or after January l , 1998 .
Section 3 . Safety Clauses The City Council . hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood , that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 4 . Seyerability If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5 Inconsi1tent Ordinam:z:!I Nothing herein contained shall be deemed a
waiver of the provisions of any other Code section or regulation applicable to
landscaping. If there is a conflict between the recu}ations in this Section and any
other Code section or regulations, the more stringent regulations s hall apply .
Section 6 . Effect of repeal or wodific,tipn The repeal or modification of any
provis ion of the Code of the City of Englewood by tb1& Ordinance shall not release ,
e xti nguis h , alter, modify , or change in whole or in part any penalty, forfeiture , or
li a bility , either civil or criminal , which s hall have been mcurred under such provision,
a nd each provision shall be treated and held a s still remaming in force for the
purposes of s ustaining any and all proper actions, suits, proceedings, and
p rosecutions for the enforcement of the penalty, forfeiture , or liability. as well as for
the purpose of sustaining any judgment, decree , or order which can or may be
re nde red , entered, or made in such actions, suits, proceedings , or prosecutions .
Section 7. fe.naJJ.l'.. The Penalty Provision of E .M.C. Section 1-4-1 shall apply to
each a nd every violation of this Ordinance .
Introduce d , read in full . a nd paseed on first reading on the 4th day of May . 1998.
3
"' -
•.
•
•· •
0
]-
•
•
•
' "'
• ,~
. • '
<.
Published as a Bill for an Ordinance on the 8th day of May , 1998.
Read by title and passed on final reading on the 18th day of May, 1998.
Published by title as Ordinance No .~ Series of 1998, on the 22nd day of May ,
1998 .
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 the Ordinance paased on final reading
and published by title as Ordinance No . ~ Series of 1998.
Loucrishia A. Ellis
4
,. -
..
• •
0
r "" .. I
-
•
ORDINANCE NO.
SERIES OF 1998
.
'
<.
•
• t~
•
BY AUTHORITY
,,_
COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 , SECTION 1, SUBSECTION 2
OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 3,
CHAPTER 8, SECTION l, SUBSECTION 2, AND ENACTING A NEW TITLE 3,
CHAPTER 8, SECTION l, SUBSECTION 2, ENTITLED SUPPLEMENTAL
DISABILITY BENEFITS WHICH PERTAINS TO DISABILITY BENEFITS FOR
FIREFIGHTERS.
WHEREAS, the City Council of the City of Englewood , Colorado authorized the
passage of Ordinance No . 66, Series of 1994 implementing the current E.M .C. 3-8-1-2 -
Permanent Disability Benefits; and
WHEREAS , the supplemental disability benefit for firefighters has been in place for
over 20 years and has been the subject of numerous Pension Board discussions ; and
WHEREAS , the Englewood Firefighters' Pension Board voted to approve these
changes on January 21, 1998 ; and
WHEREAS, the passage of this ordinance will authorize the formation of a new
board to administer this benefit based on clearly defined criteria;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby repeals Title
3, Chapter 8, Section 1, Subsection 2, entitled "Permanent Disability Benefits," of the
Englewood Municipal Code 1985 , and enacts a new Chapter 3, Chapter 8, Section 1,
Subsection 2, entitled "Supplemental Diaability Benefits" wluch ,hall read ae follows :
3-8-1-2: SUPPLEMENTAL DISABILITY BENEFITS:
A. IN ORDER TO SUPPLEMENT THE INCOME OF ANY FIREFIGHTER. WHO ,
AS A RESULT OF INJURY OR ILLNESS, RECEIVES AN OCCUPATIONAL OR
TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE A MONTHLY BENEFIT PAID FROM THE
"SELF-INSURANCE FUND," DEFINED IN TITLE 4, CHAPTER 3, SECTION 7
OF THIS CODE , AS DETERMINED IN THIS SECTION .
8 . ANY FIREFIGHTER HIRED PRIOR TO APRIL 8, 1978 RECElVING AN
OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLI CE
PENSION ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20%) OF
THE BASE SALARY PLUS LONGEVITY THE FIREFIGHTER WAS EARNING
WHEN THE DISABILITY WAS AWARDED . THE BENEFIT PAYMENT
SHALL BE IN ADDITION TO ANY BENEFlTS PAYABLE TO THE
FIREFIGHTER FROM THE STATUTORY FIREFIGHTERS' PENSION FUND .
10bv
..
• •
0
I
• ,, _ . ,
]-•.
0
•
]
C . ANY FIREFIGHTER HIRED ON OR AFTER APRIL 8 , 1978 RECEIVING AN
OCCUPATIONAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TEN PERCENT (10%) OF THE BASE
SALARY PLUS LONGEVITY THE FIREFIGHTER WAS EARNING WHEN THE
DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE FIREFIGHTER FROM
THE STATUTORY FIREFIGHTERS' PENSION FUND.
D . ANY FIREFIGHTER HIRED ON OR AFTER APRIL 8, 1978 RECEIVING A
TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20%) OF THE BASE
SALARY PLUS LONGEVITY THE FIREFIGHTER WAS EARNING WHEN THE ..
DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE FIREFIGHTER FROM
THE STATUTORY FIREFIGHTERS' PENSION FUND.
E . BENEFITS FROM THIS SECTION SHALL BE REDUCED IF A FIREFIGHTER
HAS EARNED ANY INCOME OTHER THAN THAT PROVIDED BY A
DISABILITY BENEFIT, AND IF APPLICABLE , A WORKERS'
COMPENSATION AWARD THAT PROVIDES A TOTAL INCOME GREATER
THAN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%} OF THE
BASE SALARY PROVIDED TO AN ACTIVE FIREFIGHTER RETIRED, THE
DISABILITY BENEFIT SHALL BE REDUCED BY TWENTY-FIVE PERCENT
(25%) OF THE ADDITIONAL EARNED INCOME .
F . ALL BENEFITS FROM THIS SECTION SHALL CEASE IF THE
FIREFIGHTER CEASES TO QUALIFY FOR AN OCCUPATIONAL OR TOTAL
DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION.
G . ALL BENEFITS FROM THIS SECTION SHALL BE SUSPENDED OR CEASE
IF THE FIREFIGHTER FAILS TO PROVIDE ANY INFORMATION
REQUESTED BY THE SAFETY SERVICES SUPPLEMENTAL DISABILITY
BOARD BY THE DATE INDICATED ON THE REQUEST .
H . ALL BENEFITS FROM THIS SECTION SHALL CEASE ON THE
FIREFIGHTER'S NORMAL RETIREMENT DATE .
I. A SAFETY SERVICES SUPPLEMENTAL DISABlLITY BOARD SHALL BE
CREATED AND COMPOSED OF TWO ELECTED MEMBERS FROM THE
FIREFIGHTER RANKS CHOSEN BY A MAJORITY OF THE FIRE DIVISION
FOR A THREE (3) YEAR TERM : TWO ELECTED MEMBERS FROM THE
POLICE RANKS CHOSEN BY A MAJORITY OF THE POLICE DMSION FOR
A THREE (3) YEAR TER.\1 : ONE CITIZEN BOARD MEMBER FROM THE
POLICE PENSION BOARD; ONE CITIZEN BOARD MEMBER FROM THE
FIREFIGHTERS PENSION BOARD ; THE FINANCIAL SERVICES DIRECTOR
OF THE CITY OF ENGLEWOOD. AND THE MAYOR OF THE CITY OF
ENGLEWOOD. FIVE MEMBERS SHALL CONSTITUTE A QUORUM FOR • CONDUCTING ANY BOARD BUSINESS. THE SAFETY SERVICES • • S PPLEMENTAL DISABILITY BOARD IS GRANTED THE AUTHORITY TO
ISSUE REGULATIONS NOT INCONSISTENT WITH THE TERMS OF THIS
SECTION, DESIGNED TO CARRY OUT THE PURPOSE OF THIS SECTION,
AND TO HOLD HEARINGS, TAKE EVIDENCE, RECEIVE INFORMATION,
AND TO MAKE FINAL AND BINDING DECISIONS, AWARDS AND 0
2
• [·,;, .
I it\
,
]-
•
•
• ,. -
• •
'·
C. ANY FIREFIGHTER HIRED ON OR AFTER APRIL 8, 1978 RECEIVING AN
OCCUPATIONAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TEN PERCENT (10%) OF THE BASE
SALARY PLUS LONGEVITY THE FIREFIGHTER WAS EARNING WHEN THE
DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE FIREFIGHTER FROM
THE STATUTORY FIREFIGHTERS' PENSION FUND.
D. ANY FIREFIGHTER HIRED ON OR AFTER APRIL 8 , 1978 RECEIVING A
TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION
ASSOCIATION SHALL RECEIVE TWENTY PERCENT (20%) OF THE BASE
SALARY PLUS LONGEVITY THE FIREFIGHTER WAS EARNING WHEN THE
DISABILITY WAS AWARDED. THE BENEFIT PAYMENT SHALL BE IN
ADDITION TO ANY BENEFITS PAYABLE TO THE FIREFIGHTER FROM
THE STATUTORY FIREFIGHTERS' PENSION FUND.
E. BENEFITS FROM THIS SECTION SHALL BE REDUCED IF A FIREFIGHTER
HAS EARNED ANY INCOME OTHER THAN THAT PROVIDED BY A
DISABILITY BENEFIT, AND IF APPLICABLE, A WORKERS'
COMPENSATION AWARD THAT PROVIDES A TOTAL INCOME GREATER
THAN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (1Cl0%) OF THE
BASE SALARY PROVIDED TO AN ACTIVE FIREFIGHTER RETIRED, THE
DISABILITY BENEFIT SHALL BE REDUCED BY TWENTY-FIVE PERCENT
(25%) OF THE ADDITIONAL EARNED INCOME .
F. ALL BENEFITS FROM THIS SECTION SHALL CEASE IF THE
FIREFIGHTER CEASES TO QUALIFY FOR AN OCCUPATIONAL OR TOTAL
DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION.
G. ALL BENEFITS FROM THIS SECTION SHALL BE SUSPENDED OR CEASE
IF THE FIREFIGHTER FAII..s TO PROVIDE ANY INFORMATION
REQUESTED BY THE SAFETY SERVICES SUPPLEMENTAL DISABILITY
BOARD BY THE DATE INDICATED ON THE REQUEST.
H . ALL BENEFITS FROM THIS SECTION SHALL CEASE ON THE
FIREFIGHTER'S NORMAL RETIREMENT DATE .
I. A SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE
CREATED AND COMPOSED OF TWO ELECTED MEMBERS FROM THE
FIREFIGHTER RANKS CHOSEN BY A MAJORITY OF THE FIRE DIVISION
FOR A THREE (3) YEAR TERM ; TWO ELECTED MEMBERS FROM THE
POLICE RANKS CHOSEN BY A MAJORITY OF THE POLICE DIVISION FOR
A THREE (3) YEAR TERM; ONE CITIZEN BOARD MEMBER FROM THE
POLICE PENSION BOARD ; ONE CITIZEN BOARD MEMBER FROM THE
FIREFIGHTERS PENSION BOARD ; THE FINANCIAL SERVICES DIRECTOR
OF THE CITY OF ENGLEWOOD, AND THE MAYOR OF THE CITY OF
ENGLEWOOD . FIVE MEMBERS SHALL CONSTITUTE A QUORUM FOR
CONDUCTING ANY BOARD BUSINESS. THE SAFETY SERVICES
S PPLEMENTAL DISABILITY BOARD IS GRANTED THE AUTHORITY TO
ISSU E REGULATIONS NOT INCONSISTENT WITH THE TERMS OF THIS
SECTION, DESIGNED TO CARRY OUT THE PURPOSE OF THIS SECTION ,
AND TO HOLD HEARINGS, TAKE EVIDENCE, RECEIVE INFORMATION,
AND TO MAKE FINAL AND BINDING DECISIONS, AWARDS AND
2
• .
,r
•· •
0
,
;
•
•
• , .
•
(,
RESOLUTIONS RESPECTING THE ELIGIBILITY OF APPLICANTS FOR
INITIAL AND CONTINUED PAYMENT OF SUPPLEMENTAL BENEFITS.
J . THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL
ELECT A CHAIRPERSON FROM ITS MEMBERS TO PRESIDE OVER
MEETINGS AND CONDUCT OTHER BOARD BUSINESS NOT
INCONSISTENT WITH THE TERMS OF THIS SECTION.
K. THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD SHALL BE
REQUIRED TO MEET ONLY WHEN APPLICATION FOR BENEFITS ARE
MADE OR AS DETERMINED BY THE CHAIRPERSON OF THE BOARD .
Sectjon 2. This Section shall govern employees receiving a disability determination
from F .P.P.A. on or after January 1, 1998.
Section 3 . Safety Clauses The City Council, hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood , that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 4. Seyerabjljty If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5 Inconsistent Ordjnances Nothing herein contained shall be deemed a
waiver of the provisions of any other Code section or regulation applicable to
landscaping. If there is a conflict between the regulations in this Section and any
othe r Code section or regulations , the more stringent regulations shall apply.
Section 6 . Effect of repeal or modiftcatjon The repeal or modification of any
prov1 s1on of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision.
a nd eac h provision shall be treated and held as still remaining in force for the
purposes of s us tairung any and all proper actions, s uits , proceedings, and
prosecutions for the enforcement m the penalty, forfeiture , or liability, as well as for
the purpose of s u s taining any judgment, decree , or order which can or may be
re ndered , e nte re d , or made in s uch actions, suits, proceedings, or prosecutions .
Sertj on 7. &nally_. The Penalty Provision ofE.M.C. Section 1-4-1 shall a pply to
each a nd e very v10lation of this Ordinance .
Introd uce d . re a d m full , and passed on first reading on the 4th day of M11 y , 1998 .
3
. '
•,
..
•· •
C
,
•
• •
Published as a Bill for an Ordinance on the 8th day of May , 1998.
Read by title and paased on final reading on the 18th day of May, 1998.
Published by title as Ordinance No . _, Series of 1998, on the 22nd day of May,
1998.
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 the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 1998.
Loucriahia A. Ellis
·~
• \
..
• •
0
r ,,,,, I
-
•
•
• C•
•
(,
COUNCIL COMMUNICATION
Date Agenda Item Subfect A resolution
transferring funds for
supplemental benefits for
Englewood's Police Officers
May 18, 1998 10 Ci and Firefighters
Initiated By
Department of Financial Services
I Staff Source
Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council gave staff direction to proceed with bills for ordinances changing the supplemental benefits for
police officers and firefighters at the study session held April 20, 1998. City Council approved changes to the
supplemental disability benefit on May 4 , 1998.
RECOMMENDED ACTION
Staff recommends the City Council approved the attached resolution .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The supplemental disability benefit for police officers and firefighters has been in place for over 20
years. The benefit has been the subject of numerous Pension Board discussions. The Police Officers
and Firefighters Pension Boards worked with Financial Services staff, the City Attorney , and the City's
actuary to draft this ordinance. Both Boards voted in the affirmative to present the draft ordinance to
City Council for approval.
The actuarial study done by the William M . Mercer Company estimated the annual cost of this benefit
at $27,000 per year. City staff would like to fund this benefit for the next 25 years. This wil eliminate
concems current and future beneficiaries may have regarding the financial soundness of this plan.
The City of Englewood is currently financially healthy, and can afford to fund this program from General
Fund reserves .
The sources and uses of funds are:
GENERAL FUND:
Source of Funds :
Unreserved/Undesignated Fund Balance $363,000
use of Funds :
Transfer to Health Se"·lnsurance Fund $363,000
HEAL TH SELF-INSURANCE FUND:
Source of funds :
Transfer In From General Fund $363,000
use of funds :
Police/Firefighter Supplemental Olsabillty Beneftta $363,000
. ,
..
• •
0
I .. I
]-
•
•
• II ~
• ~
. • '
Other alternatives City Council may consider partial funding or funding this on a "pay-as-you-go" basis.
FINANCIAL IMPACT
The current actuarially determined estimated cost of the benefit is $27,000 per year for both police and
firefighters . This resolution transfers the funds to adequately fund the estimated cost of this benefit for
25 years . The present value of $27,000 per year for 25 years at 5.5 percent interest is approximately
$363,000. These funds will be transferred to the Self Insurance Fund and reserved (along with any
earnings) for the payment of this benefit.
UST OF ATIACHMENTS
Proposed bill for an ordinance
-----------...... '
. ',, ..
•
..
• •
0
l I
-
•
RESOLUTION NO .
SERIES OF 1998
•
• •
..
A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO
THE HEALTH SELF-INSURANCE FUND .
WHEREAS , the City Council of the City of Englewood, Colorado, desires to make certain
additions to the 1998 Annual Budget which were not included in the original 1998 Budget
as adopted on October 23, 1997, such funds are to be used for supplemental benefits for
police officers and firefighters; and
WHEREAS , the Englewood City Council authorized the passage of C.B . 23 and C.B. 24,
Series of 1998 authorizing the changes in E.M .C. 3-7-2 and 3-8-1-2 implementing a new
board to administer the "Supplement Disability Benefits" for Police Officers and Firefighters
the passage of this resolution will allow for the transfer and appropriation of funds;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Sectjon l. The City of Englewood 1998 Budget is hereby amended as follows :
GENERAL FUND:
Source of Funds:
Unreserved/Undesignated Fund Balance $363,000
Uses of Funds ·
Transfer to Health Self-Insurance Fund $363,000
HEALTH SELF-INSURANCE FUND:
Source of Fuode :
Transfer ln From General Fund $363 ,000
Uee of Fuode :
Police/Firefighter Supplemental Disability Benefits $363 ,000
Sectjon 2 . The City Manager and the Director of Financial Services are hereby authorized to
make the above changes to the 1998 Budget of the City of Englewood .
ADOPTED AND APPROVED this 18th of May , 1998.
ATTEST : Thomu J . 8W'D8, Mayor
Loucriahia A. Ellia. City Clerk
. ,
..
•· •
0
, I
]-
-
•
•
• •
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 1998.
Loucrishia A. Ellis
. (
•,
\
• •
0
l' --I
]-
]-
•
· ... •
COUNCIL CQMMUNICADQN
Date Agenda Item Subject
' I'
•
May 18, 1998 u C ii
Boy Scout Troop 92 Centennial
Lake License Aareement
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL AC110N
Each year from 1988 through 1994, Council has approved, by motion, the use of
Centennial Park Lake by Boy Scout Troop No. 92 for the purpose of canoe handling
education.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFE>
In 1988, representatives of Boy Scout Troop No,. 92 requested pennlssion to use the
lake at Centennial Park for the purpose of training their Scouts in canoe handling.
Since boating of any kind is not permitted in Englewood lakes and ponds, a
nonexclusive Private License was created by the City Attorney's office to allow use of
Centennial Park Lake by Boy Scout Troop No. 92 for a period of three months. Proper
supervision of the activity and public liablllty insurance are required terms of the License.
FINANCIAL IMPACT
None
UST OF ATTACHMENTS
Agreement
Certification of Insurance
Copy of $10.00 License Fee
. '
..
.,
• •
0
I
]-
'·
•
• •
PRIVATE LICENSE
(Nonexclusive)
THIS GRANT of a nonexclusive private license to BOY SCOUTS OF AMERICA TROOP
NO. 92 (Grantee) by the CITY OF ENGLEWOOD. COLORADO to occupy and utilize
certain public property known as Centennial Park Lake , within the limits hereinafter more
fully descnbed. for the purpose of Boy Scouts of America Troop No . 92 canoe hand.ling
education ; providing for the terms and conditions of this License: and providing for the
compensation to be paid to the City of Englewood.
1 . A private License is hereby granted to Boy Scouts of America Troop No. 92. to occupy ,
maintam and utilize public property known as Centennial Park Lake .
2. This license is granted for a term of three months and those additional days necessary
for lake clean-up purposes unless sooner terminated according to other terms and
provisions herein contained.
3 . Boy Scouts of America Troop :,./o . 92 shall pay the City of Englewood the sum of Ten
Dollars (Sl0.00) for the license herein granted. Such consideration shall be in addition
to , and exclusive of, any other taxes or special assessments required by law to be paid
by Boy Scouts of America Troop No. 92 . All sums payable to the City of Englewood
hereunder shall be paid to the Director of Finance of the City .
4. The above descnbed property shall be used by Boy Scouts of America Troop No . 92 for
the following purposes subject to the direction of Englewood Director of Public Works .
5 . The above described area is granted subject to the following conditions. terms, and
reservations :
A. Qualified adults ove r the age of 30 shall supel"Vlse the canoe education at all
times . The adult superv1sor shall be a properly qualified person with skill and
expenence m such tra1JUDg . Care shall always be exercised to insure aafety of
all persons parucipatmg and VJewmg the exel'Clses .
8 . Grantee shall not use the park other than in conformance with the rules and
regulations of the City of Enclewood . Vehicles shall be m the parkinc area
only . Canoes s hall be launched from North shore only . Grantee shall deliver
to the City of Englewood the dates and times of use .
C. :,./o items may be s tored at the Lake. At all tunes, the adult supervisor shall
have a copy of tlus License . All Boy Scouts shall be advised that they may not
use the Lake without adult supervision. and they shall be reminded of thia on
a regular ba s is .
D This License 1s made iubordinate to the richt of the City to said area for a
public purpose . and in addition to any other reservations made herein. it ia
unders tood and agreed that 1hould the City deem it m the public interest to
use the above area . or any portion thereof for a pubhc purpose, then wntten
notice of ,ts mtenuon to cancel tlu1 License will be provided to the Grantee.
. '
..
• •
0
, I
E .
•
•
·, •
Grantee shall likewise have the same right of cancellation upon giving the City
one (1) day written notice of its intention to cancel. In either event, upon the
termination or cancellation by City or Grantee, as the case may be , this
License shall become null and void . The City's determination as to the public
necessity of the use of said area for public use shall be final.
It is understood and agreed. and a condition hereof, that Grantee shall at all
times during the term hereof, carry public liability insurance against personal
injury and property damage with a company authorized to do business in the
State of Colorado and satisfactory to the City of Englewood. protecting the City
against any and all clauns for damages to persons or property as a result of or
arising out of the use and maintenance by Grantee of the herein above
descnbed area and Grantee's improvements and equipment in connection
therewith and located therein . Said insurance shall be in amounts of not less
than:
$600,000
$600,000
$600.000
5600.000
bodily injury or death each person;
bodily injury or death each accident;
property damage each individual claim ;
property damage each accident.
Grantee s hall carry said insurance at its expense and shall furnish to the City
a certificate of such coverage. Said policy shall bear an endorsement to the
effect that no cancellat1on will be effective without first giving ten (10) days
written notice to the City. In the event Grantee shall allow said insurance
coverage to lapse dunng the term hereof. then said License shall automatically
be canceled and terminated.
F . This License 1s subject to all federal and state laws, the provisions of the
Englewood Home Rule Charter. as it now exists or as may hereafter be
adopted or amended. and the ordinances of the City of Englewood now in effect
or those which may hereafter be passed and adopted.
G . The governing body of the City reserves the nght at any time . for good and
s ufficient reason . to terminate and cancel this License . in accordance with the
terms and co nditions hereof. by resolution duly passed by said goverrung body ,
and all nght.s granted hereunder shall thereupon be considered fully
terminated a nd ca nceled , and the City shall not be held liable for reason
thereof. Said resolution shall be final and shall not be subiect to review by the
co urts .
H . As a condmon hereof. Grantee agrees and 1s bound to hold the City harmless
aga inst a ny a nd all claims for damages . costs and expenses to perso ns or
property that may arise out of. or be occasioned by the use . occupancy and
mainten a nc e of the above descnbed public property by Grantee . or from any
act or om1 ss1on of any representative . agent. customer and/or employee of
Grantee . It 1s the intention of this indemnity agreement on the part of the
Gra ntee . and a co ndition of this License . that it shall be full and total
md e mnaty aga ins t any kind or character of claim whataoever that may be
asse rted against t he City of Englewood by reason or as a consequence of
having granted permission to Grantee to use and maintain the above
described public property.
-2-
" -
...
• • •
0
,
•
•
·, •
6 . This License Agreement shall take effect immediately from and after its approval in
accordance with the provisions of the Englewood Home Rule Charter and ordinances.
IN WITNESS WHEREOF , the parties hereto have signed this License Agreement as of
the __ day of 1998 .
CITY OF ENGLEWOOD , COLORADO
a municipal corporation
BY _________ _
Thomas J. Burns, Mayor
ATTEST :
Loucrishia A. Ellis , City Clerk
BOY SCOUTS OF AMERICA TROOP 92
BY
-3-
' .
..
• •
0
, ~'\VI
• ' ,
• , .
•
-
I ...
::. i .. i 0
n.,
0
0
0
0 ..,
a, ..
n.,
n.,
a,
0
Cl
Cl
I "' 0
I 0 ..,
'I
filt
' ~ ! a, El .... :: c» ; i f? ,, I ...,. I {I! ,~ ~ I! . :
• •
C
---· l -. I
•
•
•, •
..
I CEltTIFICA TE 1'10· I CERTIFICATE OF INSURANCE ISSUE OA TE: I
I
-.,,._~!~··---··-·_!~Olf ' :._'Ill! ___ Clllm'CA .. __ -----"\'~'!""
LIBERTY MUnJAl. ~.:r----... ·--.. _ P.O. BOX 152067
IRVlNG . n:xAS 7.501.5•2067 COIIPANIES ~ COVERAGE
t:"'A UBEJtTY MUnJAL -=-• & QCN ISM CQVNA& NODE & ADDRESS
DEIIVD ilZ& COOlfCIL, 161 ="'c
2901 VEST 19TB .&nllOB flU"D
DIIIIVD, CO 80204 i=t"E ..
,,.. • TO t.anWT ,_,. .... ao.,~,r5~~::L.o.~'::..Tm-:=.:=:;g Mff:IIICII L I ...... _ .. "" .. -
-· ~... a, _ _.. -·-----co. T'r"-0/F _..uca ,oucv------uaTI .,. -·-----i--s 1.000.000.00 x ---i--,c--·· A 1~-[!tx-Dt-191.-,51-121 03..,1191 OllOl/99 -·--s -.... ~-UCMOC=--c:t s , .000.000.00 ------s
IIIICIIICA6.IJIIIINl5,__ ..... s ..._._
~-s ----... --.a,; s -----· ---~ s --------~ -s ---,_. f.lCJo -"' ace_. ------s s
_...WU zu.w IT&--I I --· --S I ·-..-,
I I
v-
------
IBIS CERTIFICATE IS INTENDED TO BE USED AS "PROOF OF INSUR..a.NCE"' ONLY . _ .. __
-.u.---~---... TMI ~ ==~n:·;,i:r=n :,r.=..,~,Q"~ .. ~~~ •· •
~---.
0 --TOT~ P .02
I
-
•
•
• •
RESOLUTION NO$ . ti~
SERIES OF 1998 ~~
A RESOLUTION SUPPORTIN H .R. 206, A BILL TO AMEND THE FAIR HOUSING
ACT .
WHEREAS, H .R. 3206 would allow local governments to regulate the proximity of one
group home to another by adopting reasonable legislation containing dispersal requirements
to prevent the concentration of such homes in a particular neighborhood; and
WHEREAS, H .R. 3206 wo_µld enable local governments to place a cap on the number of
unrelated recovering substance abusers allowed to reside in a group home located in an area
zoned for single-family dwellings; and
WHEREAS, H .R. 3206 would allow local governments to place restrictions on the
occupancy of group homes serving persons with disabilities by anyone convicted of a crime
punishable by at least a one year prison term or juveniles adjudicated delinquents on the
basis of conduct that would constitute a crime if committed by an adult; and
WHEREAS, H .R. 3206 protects local citizens from being the target of libel lawsuits or
other sanctions for petitioning their locally elected officials in an effort to make known their
opposition to a propoeed group home in their neighborhood ; and
WHEREAS , local officials would also be protected when they make policy decisions in
response to constituent complaints about the siting of group homes under H .R . 3206, which
is sicnificant because under cUrTent law , local officials can be investigated and prosecuted for
diacrimination by the United States Department of Justice for respondiq to constituents
complaints that DOJ conaiden diacriminatory acainat group homes that either house or
plan to house persons with disabilities; and
WHEREAS, H .R. 3206 require, that fair housinc complaints be filed in sufficient detail
to enable the defendant to prepare an informed response and defense; and
WHEREAS , H .R. 3206 clarifies the meaninc of "family" by makinc protection from
diacrimmation on the buis of familial status available only to groups of persona related by
blood. marriqe, or adoption, and to foster children under 18 who ,hare a household with
persona related by blood, marriace. or adoption; and
WHEREAS , H .R. 3206 requires that an anneved party aeekin& to eatablish a group
home in a particular area exhaust any available administrative remedies at the atate or
local level before filinc a fair houainc complaint in federal courtl;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
..
• •
0
-•
• ..
• •
<.
$e<;tjgp l . The City Council of the City of Englewood, Colorado unanimously adopts this
Reaolution supporting H.R. 3206, a bill to amend the Fair Housing Act.
ADOPTED AND APPROVED thia 18th day of May, 1998.
Thomae J . Burm, Mayor Beverly Bradshaw
Alexandra Habenicht, Mayor Pro Tem Lauri Clapp
Douclaa Garrett
Ann Nabholz
KeU. Wagsoner
' '
t .
,
• •
0
-
•
•
• ,. -
City of Englewood
CllY COUNCIL
n.om.s 1. Bums
~
Dtstrict II
Aleundr& H&benicht
~PtoTem
"'-1.M!e
llewrty 1. llr&dsh&w
Council Member
"'-1.M!e
L.luti Ci.pp
Council Member
District ill
Dougl&s G&nen
Council Member
District IV
Ann N&bholz
Council Member
District I
.woo South ti.ti Street
lnpwood. Colof&do
IIOI I0-2304
Phone (lOl) 762 -Zl 10
FAX (l03) 762 · 2408
May 7, 1998
Metro Mayors Caucus
2300 15th Street
Lower Level
Denver, Colorado 80202
REGARDING: Group Homes .
Attached is a Resolution adopted unanimously by the
Englewood City Council supporting H.R. 3206. After dealing
with this sensitive issue we would urge you to adopt a
similar resolution in your jurisdiction.
Sincerely,
Thomas J. Bums
Mayor
Attachments:
Resolution
Fair Housing Article
H .R. 3206
,
'
..
•
. ,
•
0
f ,.. .. I
]-
•
•
RESOLUTION NO._
SERIES OF 1998
•
• •
I•
A RESOLUTION SUPPORTING H.R. 3206 , A BILL TO AMEND THE FAIR HOUSING
ACT.
WHEREAS. H .R. 3206 would allow local governments to regulate the proximity of one
group home to another by adopting reasonable legislation containing dispersal requirements
to prevent the concentration of such homes in a particular neighborhood; and
WHEREAS, H .R . 3206 would enable local governments to place a cap on the number of
unrelated recoverin( substance abuaers allowed to reside in a group home located in an area
zoned for single-family dwellinp; and
WHEREAS, H .R. 3206 would allow local governments to place restrictiona on the
occupancy of group homes serving persons with disabilities by anyone convicted of a crime
puniahable by at least a one year prison term or juveniles adjudicated delinquents on the
buis of conduct that would conatitute a crime if committed by an adult; and
WHEREAS. H .R. 3206 protects local citizens from being the tarpt of libel lawsuits or
other sanctions for petitioning their locally elected officials in an effort to make known their
opposition to a proposed group home in their neighborhood ; and
WHEREAS. local officials would also be protected when they make policy decisions in
reapome to conatituent complaints about the 1iting of group homes under H .R. 3206, which
ii 11CD,ificant becauae under current law, local ofliciala C11J1 be inveatipted and prosecuted for
diacrimination by the United State, Department of Juatice for reapondiq to constituents
complaints that DOJ conaiden diacriminatory apinat group homes that either houae or
plan to houae persona with disabilities; and
WHEREAS, H .R. 3206 requires that fair hoUIUI( complaints be filed in suflicient detail
to enable the defendant to prepare an informed reapome and defeme; and
WHEREAS . H .R. 3206 clarifies the meanin( of "family" by makinc protection from
discrimination on the buia of familial 1tatua available only to groups of penona related by
blood . marriqe, or adoption. and to foster cb.ildren under 18 who ,hare a houaehold with
persons related by blood , marriace, or sdoptlOD ; and
WHEREAS , H .R. 3206 require, that an anrieved party aeekins to establish a group
home in a particular area exhauat any available adminiatrative remedies at the state or
local level before filinc a fair houaing complaint in federal courts;
NOW . THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLOR..\00, THAT:
,,_ . ,
.. •· •
0
,
•
• •
SectiOP l. The City Council of the City al Eqlewood, Colorado unanimoualy adopta tbia
Rnolution aupportiq H.R. 3206, a bill t.o amend the Fair Houaiq Act.
ADOPTED AND APPROVED tbia 18th day of May, 1998.
Thoma• J . Burns, Mayor Beverly Bradshaw
Aleundra Habenicht, Mayor Pro Tem Lauri Clapp
Douclu Garrett
Ann Nabbolz
Keila Wqaoner
·.
• .
• •
0
, --I
-
•
-
•
• •
Fair Housing Bill Would
Return Group Home Zoning
Controls to Local Governments
&, ll'alrr. E. Wilson
Scuor .~soc:au Cowue!
T he House Judiciarv C.mm-
tunon Subcommtttee has
approved legislarton rhac
would amend che federal Fatr Houstng
Ace and its 1988 amendments by
rerurntng ,ome :ontng and land use
controls co local governments when the
Sltltli oi il'OUP homes in areas restricted
co single-famtly .iwelling5 is ac issue.
Known as the F3ir Housing :\mend-
ments :'.ct 0i 1998. H.R. 3206 would
make ,c caste! for local governments co
kee;: group homes for rccovcnng .irug
addicts. alc oholics and .:onvicts 0uc 0i
sanile -f.imih· ne,ghborho.>ds . .mJ ac the
same nmc. make ,t more du'iiculr for
plaannffs co wtn dis.:nmmauon la"''Suits
aptruc loc:il il'OUP home opponents .
The btll 15 now unde! consaderanon bv
the House Judiciary Commtttcc. ,a final
hurdle beiore gomg co the full House
for a voce .
The prop osed legislanon would
essentially guarantee local govern-
ments the riiihc co use n0ndiscnmtna·
ror, !"CiUlauoru chat further che obi cc ·
t1vcs oi public safety ;md prcservmg
s,niile-famtlv ne ig hborhoods . In addi -
tion co the rcsmcnoru alrc:ldy men -
tioned , cmcs and counnes would be
able co rqulace the pro:umtrv and Jcn -
strv oi sroup rcstdtdennal tacihnes and
the occupancv oi such fac1lit1es not j111r
by adults who have comm1cted scnous
cnmes but .ilso 1uven1le offcnJcrs wrv-
1111 their sentences .
The specific provisions contained
in H.R. 3206 . whose chief sponsors Jre
R~rcscncanvcs Bratn Bilbray (R-C.1-
lif. ), Charles Cmadv (R-Aa.). and Jane
Harman (R-Calii.). arc aimed .ic JC ·
complish,n~ che followmg ob1cct1v~.
• Procecrtng local dci:ens from
being chc cargec 0i libel lawsuits ,,r
ocher sancnons for pctmon1n11 the ir
locally elected 0iftcials tn an eifort co
make known their opposition co a pro-
posed group home in their neighbor-
hood. Local 0iftetals would also be pro-
tected when rhe y make policy .iec :-
sions in rcsporue co cONCltuent com-
plamts about the smog of group hom~.
This is siiintiicanc because under cur-
rent law. local offte ials can be tnvesu-
pred and .-roscc:ure.J tor Jiscnmina-
uon by rhe L' nited Scates Department
ofJumce (COJ ) for responding co con-
smuenr .:omplamts chat OOJ coNid-
crs .iiscnmmarorv ap,nsc group homes
th.lt etcher hous.e or plan co ho.'5C per-
SON with .iisab,lmes .
• Requmng char fair howin!il
complaints be tiled ,n sufficient Jcra,l
to enal: le rhe deiendanr co prepare an
informed response and Jcieruc :
• Clarifyi ng the meaning oi
"familv" bv makina protci::1on from
discnminar,on on che bas1S .:,f famthal
srat111 ava,lal:le only co groups of per·
sons related by blood . mamaac. or
adoption. and co foster children under
18 who share J household wlth pcnons
related by blooJ. marnacc , or adoption:
• R~umna chat an agneved
pany seelc1ng co establish a aroa4> home
in a pan1cular area e:d\aust any .avail-
able 3dminisrrative remedies ai: the state
or loc:il level before filing a fair hous-
ing complain in fedcnl court.
• :l..llowing local !IOvemments co
regulate the proximirv of one group
home co another-at least chose that
house ,ndividuals with physical Jisab1li-
ae-by adopting reasonable legislation
concwung dispersal ~iremena ro pre·
vent the conccnaation of such homes
in a pan:1cular nei,hborhood.
• Enabling lOC1l aovemmena to
place a cap on the number of unrelated
rccovcnng subsrance abwen allowed co
reside :n a ~up home l~-atcd in an area
:oncd for ;ingle-fanulv dwellngs: and
• :l..llowtng lOC1l i'Overnmena co
place ~csrncuons on che occupanc y of
group homes serving persons with .iis-
abilincs by anvone convicted of a cnmc
punLSh.1b le by at le:isr Jone year prison
term 0r iu,·emles adjudicated Jclin·
~ue:m 0n the bam 0f conduce char
woui.i :;:i rur,rutc .1 cnme ,f comm,rred
b,· an .1.:ulc.
Senate Panel Approves
Takings Legislation
.-'. .:onrroversial "takings· bill th.le was
pas.cd lase vear by the C .5 . House of
R,r.rcse!ltam·es and would enable prop-
em· owners to rake their land-we dis-
putes ·.vtrh local authonaes dirccdv into
federal court moved one step dowr co
gamin~ che support oi both houses of
C0n~re;s when chc Senate Judiciary
Commmcc gave tts endorsement co .l
sul:smure version ,:,f H.R. 1534 on .in
eight :o ren pam· line vote taken on
Fcl:ruar: :6. 1998 . Despite ,a favorable
Judic :ar: Committee rc;,on:. however.
the !q1Slanon mil taces several hurdles
on its wa,· co becoming the law of the
land . Judiciar,, Commmcc Ocmocms .
and some Republican lawmakers. ex-
pressed serious rcscrvar1ons about ;up-
porttng a bill char would preempt local
IIO"crnment land use and :oning au-
thonry and expand liuprion apinst
cmcs and .:ounues m federal court. Ar
lease chree of chose Scn.itors-Oiane
Feinstetn (0-C.llif.). R.>bcrr Tomcelli
(0-J,;.J.). ffld Pmick Lc:ihy (D-Vc.)-
have :innoonced plam co filibuster the
b,ll if ir rc:iches the Scnacc Floor. The
Ointon .aJmmlSffauon II allO on rwcord
11 ~posmc the lqlllaaon :ind. t..d on
COllllftl..d °" 111111 2J
....
• • •
0
,. ,,
]-
]-
FEDERAL aJlllinl.t from /J/lfl 22
a 19Cem: lpllKil by Vice PlaidmEOore
ro the National l.eque o( Cities
CNLC>. ha (llOlllilad m -., me bill
ii it reaches ha dmk. Boch me Whice
Home and Conpeaional deaacron
-joined in their nppmition by local
el.ecmd c&iall from aaoa me nation. me Attameys Oenenl o( all but a
handful o( ates. and orpnizations
u:h II IMLA. !111.C and che U.S. UXI·
'-nee o( Mayors.
•
• •
...
Opponaia tepid me leplarioa
a Ill mpt: ID dllpOle a ONMize•
fia-all federal limitation on local
land-111e dec:iaion-maltins autboriry.
Under ailmlc law. de,clopen are re-
quired ID D mire advanap ai my
local remedies dw are available ID
iaolwe cbeir diaputa and men pur-
-a are coun: awai before cakmt
meir complaim ID faieral court. The
li&nifiance of H.R. 1534 stems from
me fact mat it would enable develop•
ffl ID short-circuit mat process by no
laaaer havint ID MpWe wim local
IOIIUII bouds and other officials co
reach solutions to IOC3l land use
conaovenia. lnscad. !hey wou1d be
able ID haul city and county officials
inm federal alUl't ID chailence .1 loo!
land use or :onin1 Jetenninat1on
wimout nnt havin& ID exhaust !oc:ai
admirusaacive remedies or 3t=pealing
in scate court.
The cue of H.R . IS34 u Jvailaiil.i
fflNjt :itc ·~ Onl," l«:ilno;IML ~·s
Web sia: :a lutp-J/www.imla..i11 M. -MarcNApril. 1998 Vol. 39. ~o. 2 Z3
..
' I
• .
• •
0
I .... .,.. > I
•
•
0 I •
•
~rtp :.,th~mas .l oc.gowc ... c I 05 :.,temp/~ I 05x5rAR I http ://thomas.loc .gov/cgi-bin/query/C?c 105:./temp/~ I 05~5rAR I
HR.3206 IH
105th CONGRESS
2d Session
H. R. 3206
To amend the Fair Housing Act.
IN THE HOUSE OF REPRESENTATIVES
February 12, 1998
Mr. BILBRA Y (for himself, Mr. CANADY of Florida, and Ms. HARMAN) introduced the following
bill; which was referred to the Committee on the Judiciary
ABILL
To amend the Fair Housing Act.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION I. SHORT TITLE.
This Act may be cited as the "Fair Housing Amendments Act of 1998'.
SEC. 2. FIRST AMENDMENT PROTECTIONS.
The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by adding at the end the following :
'PROTECTION OF FIRST AMENDMENT RIGHTS
'SEC. 821 . (a) Nothing in this Act shall be construed to make the expression of an opinion or the
seeking of redress from public authority a violation of this Act.
· (b) A party shall not be held liable or otherwise sanctioned under this Act for engaging in
litigation or administrative proceedings unless--
. ( ! ) the party does so for an improper purpose, such as to harass or cause unnecessary delay
or needlessly to increase the cost of the litigation or proceedings; and
"(2)(A) the claims, defenses. and other legal contentions of the party in the litiaation or
proceedings are not warranted by existing law or by a nonfrivolous argument for the
extension. modification, or reversal of existing law or the establishment of new law; or
· (8) the allegations and other factual contentions, for which the party in the litiption or
proceedings has the burden of going forward with the evidence, have no evidentiary
suppon.'.
SEC. 3. SPECIFICITY OF COMPLAINT.
•.
•· •
,
-• "'~
• C•
• '
~
~ttp ://!homas.loc.gov/c ... c I 05 :./temp/-c I 05x5rAR l http ://thomas.loc.gov/cgi-bin/query/C ?c l 05 : ./temp/-c l 05x5rAR I
2 of:?
Section 810(a)(l)(B)(ii) of the Fair Housing Act (42 U .S .C . 3610(a)(l)(B)(ii)) is amended by
inserting · in sufficient detail to allow the respondent to prepare a response and make any available
defenses' after ·practice'.
SEC. 4. EXHAUSTION OF STA TE REMEDIES.
Section 815 of the Fair Housing Act (42 U.S.C. 3615) is amended-
(1) by inserting '(a)' before 'Nothing in'; and
(2) by adding at the end the following :
· (b) A provision of a State or local law shall not be construed to violate this title if the party
alleging such violation has not first sought appropriate relief through available administrative
procedures provided by the State or local government n:garding the application of that provision
oflaw.'.
SEC. 5. CLARIFICATION OF F ;OfiLIAL STATUS PROTECTION.
Section 802(k) of the Fair Housing Act (42 U.S .C. 3602(k)) is amended-
(!) in paragraph (1), by striking 'person' and inserting 'individual'; and
(2) by adding at the end the following : 'With respect to a State or local law, the protections
afforded against discrimination on the basis of familial status apply only with respect to
groups of persons related by blood, marriage, or adoption, an ~ with respect to a child under
the age of 18 years living in a foster care urangement with persons who are so related.'.
SEC. 6. LOCAL CONTROL OF RESIDENTIAL USES.
END
Section 807 of the Fair Housing Act (42 U.S.C . 3607) is amended by adding at the end the
following :
· ( c) Nothing in this title prevents-
' (I ) State or local government regulation of facilities for residential services for persons
with handicaps , if such regulation reasonably requires the dispersal of such facilities;
'(2) State or local government restriction on the maximum number of unrelated persons
permitted to occupy a dwelling, in ID area restricted to single family dwellings, as applied to
a recovering drug addict or alcoholic ; or
'(3) State or local government restriction on the occupancy of facilities for residential
services for persons with handicaps, by persons convicted of a crime, for which a term of
imprisonment grealCt' than one year may be imposed. or juveniles adjudicaled delinquents
on the basis of conduct that would constitute such a crime if committed by ID adult.'.
•
~
..
• •
0
-• ,,,_
..
• ~
• '
(.
City of Englewood
CITY COUNCIL
Thomu ,. Bums
Mayor
Dmrict II
l..&uri ci.w
Council Member
Dtsmct Ill
/vm~
Council Member
Dismc:t I
3400 Sour!, £J.ri 5cTftt
~.Coiof..xi
80 1 10 -2~
Phone (lOl) 762 -23 10
fAX (lOl) 762 -2408
May 7 , 1998
Representative Dan Schaefer, District 6
2160 Rayburn House Office Building
Washington, D.C. 20515
Senator Wayne Allard
716 Hart Senate Office Building
Washington, D.C. 20510
Brian Bilbray . District CA 49
1530 Longworth House Office Building
Washington , D.C. 20515-0549
REGARDING : Group Homes
Senator Ben Nighthorse Campbell
380 Russell Senate Office Bldg .
Washington. D.C . 20510
Charles Canady, FL District 12
2432 Rayburn House Office Bldg .
Washington, D.C . 20515-0549
Jan Harman , FL District 36
325 Cannon H.O.B.
Washington , D.C . 20515-0536
The City of Englewood, Colorado, is very concerned with group home
legislation, specifically, H.R. 3206 . Attached is a resolution adopted by
unanimous vote of the City Council of the City of Englewood . We cannot
stress enough how important it is to our constituents that the local
government be allowed to participate in legislating on this sensitive topic.
------
•
• •
0
l -•
1-
•
,.
• •
~-
Page2
May 11, 1998
H you would like additional infonnation or have any questions concerning
group homes, please feel &ee to contact any member on City Council or on
staff.
Sincerely,
Thomas J. Bums
Mayor
Beverly Bradshaw
Council Member
Douglas Garrett
Council Member
I<ells Waggoner
Council Member
Attachment
Alexandra Habenicht
Mayor Pro T em
LauriOapp
Council Member
AnnNabholz
Council Member
,,,_
..
• •
0
-
~SOLUTION ~O. _
SERIES OF 1998
'
•
• , .
•
A RESOLUTION SUPPORTING H.R. 3206, A BILL TO AMEND THE FAIR HOUSING
ACT.
WHEREAS, H.R. 3206 would allow local governments t.o regulate the proximity of one
IJ'OUP home t.o another by adopting reasonable legislation containing diapenal requirements
to prevent the concentration of such homes in a particular neighborhood; and
WHEREAS, H.R. 3206 would enable local governments to place a cap on the number of
unrelated recovering substance abusers allowed t.o reside in a group home located in an area
zoned for single-family dwellinp; and
WHEREAS, H .R. 3206 would allow local governments to place restrictions on the
occupancy of group homes serving persons with disabilities by anyone convicted of a crime
punishable by at least a one year prison term or juveniles adjudicated delinquents on the
basis of conduct that would constitute a crime if committed by an adult; and
WHEREAS, H .R. 3206 protects local citizens from being the target of libel lawsuits or
other sanctions for petitioning their locally elected ofliciala in an effort t.o make known their
opposition to a proposed group home in their neighborhood: and
WHEREAS , local ofliciala would also be protected when they make policy decisions in
response t.o constituent complaints about the siting of group homes under H.R. 3206, which
ia sicnificant because under current law, local officials can be inve1tipted and proaecuted for
discrimination by the United States Department of Juat:ice for re1pondiq to constituents
complaints that DOJ conaiden discriminatory apinat IJ'Oup home, that either house or
plan t.o house persona with disabilities ; and
WHEREAS, H .R. 3206 requires that fair houaing complaints be filed in sufficient detail
to enable the defendant to prepare an informed reapome and defense ; and
WHEREAS, H.R. 3206 clarifies the meaning of "family" by making protection from
discrimination on the basis of familial status available only t.o group, of persona related by
blood, marriage . or adoption, and t.o foater children under 18 who share a household with
persons related by blood , marriage, or adoption; and
WHEREAS , H .R. 3206 require, that an aflrieved party aeekin( t.o eatabliah a group
home in a particular area exhaust any available adminiltrative remediea at the 1tate or
local level before filing a fair housing complaint in federal court1:
NOW , THEREFORE . BE IT RESOLVED BY THE CITY COL~CIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
"' -
• .
..
..,
• •
0
I
]-
•
• •
<,
$estipn 1. The City Council of the City ofEqlewood, Colorado unanimoualy adopta this
Re9olution supporting H.R. 3206, a bill to amend the Fair Houaing Act.
ADOPTED AND APPROVED this 18th day of May , 1998.
Thomas J . Burm. Mayor Beverly Bradshaw
Alexandra Habenicht, Mayor Pro Tem Lauri Clapp
Douclu Garrett
Ann Nabbolz
Keila Wqgoner
. '
•,
..
• •
0
r ~? I
-
•
•
•
•
. • '
'·
City of Englewood
CITY COUNCIL
Thomas I. Bums
M.yo<
District 11
AleundfaH.t>enicht
M.yo< l'ro Tern
,,. LMgr
kverty I. 8r.c!st..w
Council Member
,,. LMgr
uun C!.pp
Co uncil -
District 111
~s GAmm
Council Member
District IV
Ann N.bholz
Counc ,I Member
Distnct I
Kell s Wa!IJOMf
Council Member
,,. LMgr
3400 South lia111 S<rttt
lngJewood. Color.ado
80110-2304
l'hone 303) 762-2310
fA)I. 1303) 762-2'08
May 7 , 1998
Senator Tom Blickensderfer. District 26
District 26
Colorado State Capitol
200 East Colfax
Denver, Colorado 80203
Representative Martha Kreutz
District 37
Colorado State Capitol
200 East Colfax -Room 271
Denver, Colorado 80203
REGARDING : Group Homes
Representative Jennifer Veiga
District 3
Colorado State Capitol
200 East Colfax -Room 271
Denver , Colorado 80203
Group homes have recently come to the forefront in the City of Englewood .
The City is working through this issue on a local level as well as pursuing
legislative efforts on a federal level by supporting H .R. 3206. At the State
level there is a current statute C.R.S . 31-23-303 , that addresses spacing of
group homes and contains a local preemption. Our request for an opinion as
to the enforceability of that Section was denied by the Attorney General , as
can be seen in the letter of July 26, 1996. Council as a whole would request
that you have the Attorney General look at the enforceability of this specific
Secti on and would encourage you to lend whatever support you can to H.R.
3 2 06 in the Federal House of Representatives .
"' -
•
0
•· •
0
,
?
]-
•
• •
-
Page2
May ll, 1998
If you would like additional information or have any questions concerning
group homes, please feel free to contact any member on City Council or on
staff.
Sincerely,
ThomasJ. Bums
Mayor
Beverly Bradshaw
Council Member
Douglas Garrett
Council Member
Kells Waggoner
Council Member
Attachment
Alexandra Habenicht
Mayor Pro T em
Lauri Clapp
Council Member
AnnNabholz
Council Member
. .
..
• •
0
f ~n I
TO:
TIIRU:
FROM:
DATE:
RE:
•
•
·. •
(.
}( E H ti R .\ \ D l H
Mayor Bums and City COUDFil Members
, IL'~(/
Gary Sears. City Manager, -{ ~\
Robert Simpson. Director of Neighborhood and Business Development
Harold J . Stitt. Planning Community Coordinator
May 14, 1998
Residential developer selection criteria
Proposed PUD timelines
-
Residential developer selection criteria
Attached are the draft selection criteria for the Cinderella City residential developer Request For
Qualifications . These criteria were created to insure that the selected developer is capable of
producing a residential product that is consistent with the overall tnnsit oriented development
principles and the unique character and opponunities that the Cinderella City site offers. The
selection process timeframe is also provided. I will be available to discuss these wilh Council on
Monday evening.
Proposed PUP time!ines
Attached is a comparison of two timelines for the PUD process. a typical schedule and an
accelerated schedule. In the typical schedule the PUD process takes approxima1ely four mondts
from the initial neighborhood meeting to the PUD becoming effective. The accelerared schedule
reduces the total time by almost one month, but requires commitment from the Planning and
Zoning Commission and Council to hold special meeting. Both schedules assume that the
process stays on track wilh no slippage.
..
• •
0
I ,.,.,.,. , I
]-
-
•
0 I•
·, •
Request for Residential Developer Qualifications
Cinderella City Redevelopment
May 1998
Project
The residential portion of the redevelopment will comprise approximately seven acres
as depicted on the attached site plan. Its scale and character should reflect the urban
nature of the overall project and meet the following objectives:
• Minimum density of 40 units per acre .
• Maximum building height of 100 feet.
• First floor commercial uses with no more that one third of the first floor space
devoted to residential-related uses (sales/marketing office , recreation facilities ,
etc.)
• First floor commercial to include retail , office, and service uses, -with
neighborhood related uses such as day care encouraged .
• All parking requirements to be met on site .
• Design to be compatible with the overall site design and reflect an urban
character.
• Set backs utilizing a street "build to " line approach .
• Land cost range of $6-8/square foot.
• Construction completion by July 2000
Selection Criteria
The selection of a developer will be based on an evaluation of the following factors :
1. Developer profile and relevant project history . The names and responsibilities
of the key members of the developer's team . Examples of similar successful
projects.
2 . Financial capacity . Developer must demonstrate that they have the
necessary financial capability to deliver a mixed use project within the
timeframe of the entire redevelopment.
3 . Design concepts . Design must demonstrate compatibility with transit oriented
development principles and an undemanding of the unique character of the
redevelopment project.
4 . Property management philosophy. How will the property be managed? What
role will the developer play after the project is constructed. For sale vs . for
lease? Typical tenant profile?
5 . Quality of product . Developer must demonstrate that the product is high
quality and sensitive to the overall development philosophy and the intended
market.
Schedule
Letters of Invitation sent May 22 , 1998
..
•· •
,
-
-
•
• •
(.
Planned Unit Development Timellnes
Cinderella City Redevelopment
May 1998
ACTION
21
October25
,. -. ,
..
• •
0
• ,, ,
0
•
··---=-. r WJ -6r rN»t--\'2 .-:sf-
-:z_. ~i:ljh 12~--
--:5:~~~---------
. _ 1, A,u. wr~ ~"4-~-__
----
•
----. v---------v--
v--~~v--
~
-~~~=~--v---~---
---
•••
. .
I· •
0
f
-
•
•
• . ....
•
0 :. -
• •
C
,
,, -•
0
•
-~-
---·----------
---
-----
. .
-I· •
-0 -
,
•
• ,,, .
. .
0 (•
• • . . . '
. .
•
. --•
f '
• -
0 I •
' -. .
A • ' A I
•
...
•,
. . .
., I. .
0
f
]-
]-
•
•
• • '
AGENDA FOR THE
REGULAR MEETING OF
C•
~ / THE ENGLEWOOD CITY COUNCIL ~~ MONDAY, MAY 18, 1998 , r~ 7:30P.M.
1. Calltoorder. /).~~
2. Invocation . ~
3. Pledge of Allegiance .
a .· Boy Scout Twop #92 will present the flags and lead the Pledge of Allegiance .
4 . RollCall. f)~
"'~
5 . Minutes. !lJI.. . I~ j ~ / ~ ?-o. Minutes from the Regular City Council meeting of May 4, 1998. /J!)~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a . Boy Scout Troop #92 will be present to request the use of Centennial Park Lake for
·~~~!-Pflti~t~~ 7 .
8 . C ~p . and Appoi ommumcat1ons , roclamations, ntments.
a . Letter from Tim Stoner i~ting.his J88918tion from the Englewood Clean, Green df/i ?-0 and Proud Commission.~
b . A proclamation 71~ Allen as Englewood's Citizens of the
~'J--Oear for 1998. •'""" __ {tf
9 . Public Hearing. (None scheduled)
iY
PINN nota: n you have a dlNblllty and IINcl 8IUdlary aide or wvloN, plew noaty a. City of lnglawood
(712-2405) Ill leUt 48 hours In edvance of wlwl _,,... .. IINdecl.. Thmk ,au.
'
. ,
•
•
• •
0
-
•
• "' -.
• •
(.
Engl-ood City Council Agenda
May 18, 1998
Page2
10. Consent Agenda. ~~ /OA-/
a . Approval of Ordinances on First Reading .
Council Bill No. 25 -Recommendation from the Department of Par1<s and
Recreation to adopt a bill for an ordinance approving an Intergovernmental
Agreement with Englewood Schools to develop Athletic Fields at Clayton .?'7!1
Elementary. STAFF SOURCES: Jerrell Black, Dlrecto~,lP~rlja ~. D r q
Recreation and Gary Hultberg, Recreation Manager./ ,I~
ii. Council Bill No. 26 -Recommendation from the Department of Neighborhood
and Business Development to adopt a bill for an ordinance accepting a State
'7 D and Urban Planning Grant from the U.S. Economic Development
-AdministratiOJ~TAfF 5»URCE:,.I, Darren Holllnpwor1h, Business
b.
07//l 3/_
(!)J :I-3.2.
m1-1t-33
{Jt 1./1-]!f_
Analyst. fl)~
Aporo,al of O.,lnances on Sr.and Readn~ ,,b 6--I ' -/,, i/
i. Council Bill No . 13, approving changes to the Landscape Ordinance .
ii . Council Bill No. 18, approving Industrial Zoning Amendments.
iii . Council Bill No. 22, adopting the Firefighters Pension Plan Document.
iv. Council Bill No. 23, implementing changes to supplemental benefits for
Englewood's Police Officers.
()J#--~ v . Council Bill No . 24, implementing changes to supplemental benefits for
Englewood's Firefighters .
c .
~#~
~
Resolutiz'5~~r-~ IO(_ j i-1i
i. R'"Zt'~ from nt of Financial Services to adopt a
resolution transferring for supplemental benefits for the City of
Englewood's Police Officers and Firefighters. STAFF SOURCE: Frank
Gryglewlcz, DINctor of Flnancial Services.
ii . Recommendation from the Department of Parks and Recreation to approve, by
motion , a License Agreement with Boy Scout Troop #92 for the use of
Centennial Lake . STAFF SOURCE: Jerrell Black, Dlrectar of Parka and
Recl'Ntlon.
•
11 . Regular Agenda .
a .
b .
c .
App,of Ordinances on First Reading .
Approval of Ord inances on Second Read ing .
Re~ons and Motions . .a--
PINN noee: If ,a., haw• dlublllty and IINd auxlllary .._ or wvlcN, plaaN ncdy the City ol 1!111gllaood
(782-2405) at 1N8t 41 lloura In advance of ...... NrvtcN .. .....s_ 1'1lalk you.
' . •.
•· •
0
I ~? I
-
-
Englewood City Council Agenda
May 18, 1998
Page3
12. General Discussion .
'
a . Mayor's Choice .
..
• 11 -
,.,
• ,~
•
---•
b . Council Members' Choice. ~ ~ i. A resolution supporting House Resolution 3206, regarding Group Homes. ~
I ~-{)
13. l{y Ma~ager's Report.
a. Englewood Center Update.
14. City Attorney's Report.
-~~~
The following minutes were transmitted to City Council between 5/1/98-5/14198 :
• Englewood Cultural Arts Commission meeting of April 1, 1998
• Englewood Parks and Recreation Commission meeting of April 9, 1998
• Englewood Clean, Green, and Proud Commission meeting of April 14, 1998
• Englewood Public Library Board meeting of April 14, 1998
• Englewood Planning and Zoning Commission meeting of April 21, 1998
PIIWnola: .,_,.._. a11,!llrllld,..__,alllaorwill111, ....... ..., .. CIIJfllll ... mood
(112-2411)• ................. ., ..... _... ........ '-* ,_
' ,
• '
..
• •
0
• -
•
. ' •
..
•
•
Regular City Council Meeting
•
0
' '
•.
..