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Home My WebLink About1998-05-04 (Regular) Meeting Agenda- ]~ • • <• . . • (, .. • MAY 4, 1998 REGULAR CITY COUNCIL M£ETING ORDINANCE NO.~ ~~31, 32, 33, 34, 35, 36 RESOLUTION NO. ~54, 55, 56, 57, SB, 59, 60, 61 ------- •. • .. 0 • • • 0 f ___ . I ]- ] • • • 0 , . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO May4, 19'1 I. Call to Order The regular meeting of the Englewood City Council wucallcd to order by Mayor Bums at 7:35 p.m 2. ........ The inwc:alion WU giwo by Council Member Nabbo1z. 3. l'WFel APqlaece The Plcd,c of Allegiance WU led by Mayor Bums. 4 .... c. Present : Council Members Nabbolz, Clapp, 0am:a. Bradshaw, Habenicht, Waggoner, Bums Absent: None A quorum WU praml. 5. MiNtel (a) COUNCIL NV1BP aaA.DSIIAW MOVU,AND ITWAS SECONDED, TO APPROVE TD MDll1'nS OF 111& a&G1JIA& IIIDTINC 0, AnlL •• 1"'- Motion carried. A)'CI: c-il Mallllcn ~ Gama, Bladlllnr, lllbeniclll, w...--. Clapp. ... Nays: Nae (a) Mayor Buras IIOICld lbll Midlad Cookc Ila 11 oall)' come llack, after our little tccbnical problem a few weeks qo. He ad¥ilDd .... Midlld Cookc is a Douglas County Commillioner and Demer Regional Council of Ga.en--Board Manller. He welcomed Ms. Cooke . "' - Michael Cooke thanked Council for the opportunity to ...,car berorc diem Ibis ewning. She lllaled lhat, for the pllll SCYenleCD ycan, the Rcgioaal Council Im '-al local .-,-.CS lhrougb their lnnowlioas Award Program . Through this prc,pml, lhc explained, Ibey RlllOpize juriadiclioas and people in !bole jurisdictions for their creativity in llllving complex pniblans lhrougb illnovllM pn,palDI !bat ICn'C the COIDIDWlity in lllOIC efticien( ways. This,-., lhc said, die ltcgioaal c-il wal joiDed by their...,.., TCI , as weU as CIOlllribulors, MK C:s nil! Engiacaillg. Gccqc K. Bllm llld Compmy, Inc., Nllic: Service Company of Colorado 111d United Power lncolponllod. in paealing die 1nnova1io111 Awards. • • 0 f I ]--- Ea&tewood City Council May 4, 1991 Pacel • 0 - Their program judges reviewed approximately 25 projects that wen: submiaed from 18 local governments, as well as a nwnber of other jurisdictions and selected winners from that group . Englewood, Ms. Cooke advised, took second place in the program's Public/Privale Panncrship caacgory for the Safe Summer Youth Outreach Prog,am, that offers youth a safe, positive rec:realional allemative . At the Regional Council's Annual Awards Banquet, held at the end of March, she noted, they recognized the Director of Parks and Recreation Jendl Black and Universal Concats ViCle Pn:sidc:nt and General Manager Gene Felling for their work on the Safe Summer Project. Tonight, she advised. she was here to present Council with an Innovations Award plaque for their suppor1 and participation in the Safe Summer Program. Ms . Cooke stated thal they, at DRCOG, a,ngratulate Council on the program. She presented the plaque to Mayor Bums. Mayor Bums tbankcd Ms. Cooke and he congntulalcd Dinaor Jenell Black and the Parks and Recreation Department. He said that Mr. Black and TCI are to be congntulated and he asked for another round of applause for them . Director Black said that he 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 rccognizcd the Safety Services Division, who work closely with PIia and Recralion on this program. Also, he said, the Recreation Services Manager Gary Hultberg and his llldr, as they are the ones that really make this program work . Director Black Slated they really do appreciate it and he wanted to acknowledge them. Council Member Habenichl asked Mayor Burns if they a111ld have those people liland so they could acknowlcdgc and thank them. Mayor Burns said sure and noted that Gary Hultberg was present and asked that he stand up . Mayor Burns thanked Michael Coollc for coming again. (b) Mayor Burns advised that Joa. Meeker, Chief Executive Officer of Developmental Pathways, was present to share infonnation on their West Chawlgo facility. He noted a lot of people turned out last week during Council's Open Fonun. Mr. Meeker stated he is the Director of Pathways and that he wanted to begin with a fonnal statement and then turn to a response to some of the issues that have been raised in the RICCllt .-spapcr article and then open up for qucstions...He asked if that was.agn:cable "ith Council. Mayor Bums said that was fine . Mr. Meeker lilaled that he has been asked by the Council to apptar tonighl to rapond to allcplioos made, and actions taken. by perm in the neighborhood surroundiag the ..._ OWllcd by Developmental Pathways on West Cllcnango. This home is oa:upicd by one disabled individual. and is llldred 24 hours per day. He advised that this individual has been living IIICCCafully i• lillllc ra.ily imdaltial ncighborlloods for more than 10 ycan. Our RlpOIIBC. he aid, is bell~ by comparing our experience at this home with that of bis previous rcsidcncc, whic::11 -in a lilllilar acighborhood jusl a few miles south. also an R-1, rcsidClllial neighborhood . Tllal home is being rmovacd to ICfVC pc,op1c with physical dillbilit.ics. Mr. Medler advilcd that in bis previous n:sidmcc there wm: no inciclcllls where neighbors were clist11111cd or placed at ri* and in this n:sidmcc there have been no inciclenls. In bis former neighborhood ncigtibors greeted him and staff with a wave or hello, and they helped each other dig their cars out of the snow. In this neighborhood. he said, neipbon have subjected him to hollilc glares and their staff to racial slurs. In his former neighborhood, if ncigli,ors had qucaiom or concerns, they a,ntacted Pathways management and asked for a raponse. In this neighborhood no one ca1lcd Pathways management. Instead, neighborhood lcadcrs circulalcd a Oyer containing defamatory and lmUJlilalllialc allegations designed to promote fear and hysteria. and rallied residcab to appear at the City Council meeting to demand some kind of action . Mr. Mcckcr stated thll this individual has prCICllled no tbrcal to anyone in this neighborhood . He explained he was born with IIIClllal R:faldllioll and witb dcvclopmcatal needs that require support and supervision and he likes to kcq, IO llinllelf. He is proud of llis llollle and helps care for it.. Neighborhood children have played in bis fNlal yard cm acwnl oa:asiw witboul • ..... I· • C .• 1 ~h f Ea&lewood City Couacil May 4, 1991 Pqe3 • 0 I • • incident sinc::c he moved in. He and Slaff like to take walks in the neighborhood. He wants nolhing more than to have a quiet and peaceful home in a nice neighborhood . Instead he has been falsely portrayed as some sort of violent thrcal to neighborhood children. Mr. Meeker stated that his address has been published in a slanderous Oyer thal was distributed to 200 households throughout the neighborhood and beyond. He maintained he has been made a target of fear and dislike, that he has done absolutely nolhing to deserve this, cxcep( to be a pcnon with disabilities who looks a little bit different. He asked Council to imagine how his ..,-cnts must fccl knowing he has been sing)cd out and branded as some kind of community threal How would anyone here feel if this was done to their liOll or daughter? Mr. Meeker stated that he wamcd to be very clear that Pathways does no1 blame neighbors for having concerns, especially lhosc who reactal aft« ICICing such an inflallnMoly Oyer. It is common for neighbors to be curious, he noled, and IIOIIICtimcs ClOIICCfflCd about their new neighbors with disabilities, and they welcome the opportunity to talk with them by pbooc or in ncighboltlood medinp. Our objection here, he advised, is to the -in which the authors af the Oyer choac to .,._ their concerns. 1bcy did nol contact Pathways management to discuss their conccms. 1bcy did not COlllact Pathways 10 check or verify the information that they published in their Oyer . They did no1 alt any mlutions short aC invading this individual's privacy and trying to hound him from this home. In more than 20 years of dealing with neighborhood concerns about integrating people with disabilities inkl residential neighborhoods, he said, he has never cncounfCled a .defamatory attack of this kind on any individual with disabilities . Mr. Meeker stated that Pathwayncquests that lhosc responsible for publishing and distributing the Oyer publish a • signed retraction anit-distributc it, along with this or a similar 11a1cmcn1 from Pathways, to the same persons receiving the rust Oyer. He commented thal they were hopeful thal City Council will encourage lhosc responsible to take this corrective action. They desire that this situatioo be remedied in a fair and civil manner, he said, but if nccessa,y their organi1J1tion will alt lcpI rcdn:ss from lhosc who originated the Oyer for the clear violation of this person's right to live privately and pcaccfully in his home . Mr. Meeker stated that they appreciate the effons of the City of Englewood to resolve this situation, and to do so without further injury to this individual. Mr. Meeker nolcd this is thc end of his formal llatcmcnl and he would like to COIIIIIIClll on a couple of things that were rcpoded in thc anic:lc. He said he talked to Mr. Munds and he was very fair and, with one minor tiling. he quoted him absolutely corra:tly. But, Mr. Meeker said, he would like to clarify IOIIIC ofthc --... Finl, there is a statement in the article to the cft'cct that when Carolyn Fulton allcgcd lhll llhc CIOllladed Pathways, llhc was told that Pathways bought the lll>usc in November and one of thc repreacnlabWI told III neighbors that it would be used to lrlin handicapped individuals to live on their own . TIiey also said the people could be violent or have criminal rcconls. SIie aid wc • neighbors don't likc thll al all and the raidcnl there now is being kepc in his room and rcpodedly can be violent. Mr. Meeker IIIICd that he called Ms. Fultoa this~ and allu:d ha who she hid ll)OUII to and llhc informed bim lhll a had made a .-,ic caU to Padaways and allu:d who wc IICIVed and was told that wc train pcoplc to live in...,, en....,..ly in dle-iey. She alto specifically med if M ICn'C people with criminal n,corm or widl violcnl beuvior. Mr. Medler cxplaincd thal anybody in their orpniDlion would have wm yes, becauac dley ICn'C over a lhoawl iadividuais and families and. over die coune af thc years. dley have acrved pcoplc lillc lbat. She did noc .. 1h11 qllCllion aboul the iDdividual ill dlis homc and. be IIRIIOd. Ibey hid no idea llhc was calliag widl reference to the home on Wal 0-...,. 1bc IDCOlld poilll. be aid, is the rdercncc dill dlis ii a half-way bouac, whic:b •uaas -..i a( crimillal Ktivity or 11111 maebody ii in lnnlition from • inllitulion a( w kind whcR they -incarClcnled. He noced 11111 dlil illdividual. • be said, hal been 1ivinc aia:cafully in the conununity for 10 years . He llalCd this is • illlividual that does require IUpCIVision. but he is an individual thal they have leamcd how to ICn'C wry MIi and to bclp bim have a rich life in lbc community. Mr. Meeker cmplwized that be ii IIOC a thral ud be hal IIOl been I bodler to ncipbors. Finally, in terms of what -to him tobe IOIIICWhal afa pancm afrwnon, which, be opined. inevitably occurs when people don't take the time to check with -a( infonnllion. He said be "'8lltcd to rclale to thc conversation that -to be al the aux af thc-. llcR. whic:b waa a -.ioa ~ one of their llafl" mcmben and the womaa who lives IIICXl door. lt llad IO do widl die c:llia.. IIICXl door playing in their tiont yard. Thal llalcnlall from their llafl" wal to tllil a&cl. 11111 M did IIOI My keep your kidl in the boulc, we did no1 ay do no1 IICnd your kids ... dlcy can ·1 play ill -yard ... we rllqllCIIOd 111111 if Ibey I· • C , Ea&lewood City CCN1ndl May4, 1991 .... • 0 • ... were. that we be infonncd so that the individual living in this home aJUld be informed. Mr. Meeker staled that he likes to keep to himself and he feels the house is his and it is for all practical purposes. The staff simply asked to be informed. so that if there were children there it aJUld be cxplaincd to the resident of the home. that the kids were playing in the front yard. Which. he noted. they have done on a nwnbcr of occasions without incident. Mr. Meeker pointed out that that stalement has somehow been translalcd. as it goes down the rumor miU , to staff saying that local residents should keep their children inside and not have them outside playing because of this individual. Nothing aJUld be further from the wlh. he said. Mr. Meeker stalcd that there has never been any incidcd in his entire life, that he is aware of and he has known him for the ... 13 or 14 ycan. that involved anything. Ill)' kind of dual to any child ~er. So the allcgation that aliehow this individual is a threat to c:bildrm is limply not Ullc. He said he would draw the analogy to IOIIICbody wbo may have• aolchcty granddad wbo lives al home and doesn't like the kids on the lawn ... and they say to the ncigl1bor ... well, aJUld you let III know or maybe keep the kids off the lawn. Mr. Meder said he doulltl that this is• neighborhood where cvaybody has totally free access to everybody's private propcny . He stated that was all that wu requclled. wu that they be informed. He insilled that this individual is not a tlual to children in any way . With that. he said. he would stop and sec if Council has any questions. Mayor Bums..._.. that normally in these cin:umstanccs we have statements made and there is no dialogue with the Coullcil. Bui. he said, he inquired of Council earlier in Study Session. if they would like to ask questions and lw\'C IOIIIC dialogue and they said yes . Mayor Bums asked if any Council members had questions or aJIIIIIICIIIS al this point Council Member Bradshaw asked how many Developmental Pathways Incorporated homes there arc in Englewood. Mr. Mcckcr said he docsn 't know, because he thinks in terms of Arapahoe Counly and AUIOl1I. He noted he aJUld tell c.ouncil they have about 12 to 14 in that area. but he docsn 't know how many others there arc in Englewood. He said he was sony. c.ouncil Member Nabbolz asked if he could get Council that information. Mr. Mcckcr said ho.certainly ca Mr. Mcckcr advilcd that probably al most one. They have homes in Litdcton. unincorporaled Arapahoe County and AIIIOlll. He said he thought that was pretty much it. that he did not tho* there were any in Englewood. but advised that he would get Council that information. So. Council Member Garrett said, he thoughl this WIii the only one in Englewood. Mr. Mcckcr said it is the only one he can recall at the ..-ii. because. he noted. he is not c:xactly sure of the boundaries for Emglcwood. Mayor Bums asked if thcs w-.y ,.nic:ular aitcria they .. wbea loakiag lar a localion fOI" a home for their people. Mr. Meeker said ya. there arc . He DOied dllll thcy alMamly look for a home with a nice CIIVU'OIIIIICII for the people they IICIW. 111ey allo by to &ad• ----dllll is ping to matda the .-as of the illdividuals dllll livc dleft. Ill lDOII -. he DOied. it ll8lly is jllll a ..atcr of finding a boulc that is physically suitable. Mr. Moeller aw mt d dull dleft arc • lal of lliclc ·pt llftllllds in Anipaboc Counly and our arm. Whcll they look. be poillled out.. they do 80l -.. • ~-They have a reahor 11111 ,-aruuad Md loaks for a home 11111 IIIOCll cw crileria. He · Ceilled dllll the aaly CIOlllidcnliCln they would ever live to• acipborllood 1l'Ollkl be if thcy "--of the iaidalls in 11111 home had jobl. Say they had jobl in Littleton. we will pniblllly look for a llomc wwhcrc clown in this area. be said. as oppmal to over in Aurora. just so they can get to their jobl. 111--. in this cue ... which is onc of the -they arc so surprised by tllis. they dloapl this bomc -ideal. It is oo a dead cad llrcct tuically, theft is jllll one neighbor and it is very quid. 'That is DIICthing this individual likes. is just a quiet place. Mr. Mcckcr advised that they thoupc. • they havc been sua:asful time and again. that they would simply be unobtJUsivc, new people in the acipborllood. Somehow . he noted. that has not worked OUl in this CUC. Council Member Habcnichl a>mmcntcd that maybe she mi*-. bul Ille dloupl be said they have been aerviag this paniadar individual for say 12 lo 14 ycus. Ye&. Mr. Mems said. Ms. Habcaic::bl IIUd w1112 criteria 111111a them c:llalF «-home to another. oacc they have ...._ placed ill I llloae or devclaped a home. or 1WUCCYcr. She q111C11ioncd Mat incipilllCI • chaec ad do they dlaaee iaidalls in thclC homes •· • 0 , ]- Ea&tewood City Couacil May 4, 1998 Pqe5 • 0 • ,, - , . often, or from the way be memioncd it ... do they own the home. She said she would guess she does not quite Wldcrslalld. Mr. Meeker advised thal gcncrally they do try to keep people in a situation where there is continuity, but there arc times when they will make changes. Usually it is for somebody that maybe got a job on the other side of town and were able to wort it out to where they were able to move to a group home or an apartmm oo thal side of town. In this casc, he noted, they have two other group homes, be thought one was in Littleton and one in unincorpontcd Arapahoe County, that they received some funding to rcnovalC and expand. The reason for that is that they have a number of individuals who arc becoming elderly and their ability to get around isn't very good and we nccdcd a oouple of facilities that were on one level, very aa:c:ssible. So, they had two homes thal were very well suited to being remodeled and expanded in that fashion and one of the homes was the home in which Ibis individual was living. Otherwise, Mr. Meeker adviml. be would ltill be there . Council Mcmllcr Glrrca lllbd, before they purclasc I home and move illlo I neigbborbood. if they try to mac COlllacl wilb the neighbors to let them "-' what is pg on, 111 they can undcntand the litullion. Mr. Meclicr advised that it all depends 00 the circummnccl. If it is I tpOUp home, he llid, abaolutdy, IS that is a home thal ~uircs licensing, it is I big change for the ncigbborbood. because they will have anywberc from four to eight individuals. it is I home 1h11 has to be liccmcd. For imlancc. be said, when they initialed the llallOdcling of these other two homes. be band delivered letters to Ill of the adjacmt neighbors explaining what they were doing ..S inviting them to contac:I him if they bad questions. In fact. be noted, they did and they had I very p,ochnecling. lhey go( their qDCllioas wwm,d ..S Ibey arc very pleased. In a situation like this, where ii is simply OIIC individual moving into a small home in I quiet neigbborllood. generally they would not . He explained thal they try to keep a low profile. Gcamlly, be llid, if neighbors hive questions they will come and ask us. So, be noted, in this cue we would not. Mr. Mcdicr lilllcd that they walk a difficult line oo this. thal tbcac arc individuals with full lcpl rights of all cilimis. He pointed out that whca IOIIICbody else moves Ullo I neigbborbood. there is never any sugcslioa that neighbors would be notified of who they arc ..S why they arc moving in, or maybc wbctla they have a aimiml record or aything like dal. He ldvilCld dley fDd their obliption is to ensure thal the individuals arc well cared for, thal they arc placed approprialely. 111 that they do not PCJIC a risk to the neigbbomood and they have been cxtraordinarily successful al that. Council Mcmllcr Glrrca noted dial it ICICIIIS likc in this CUC. for wmtcffl" ,-, tbcrc WIS ... what be c:baracterizlDd problbly • a ~ bclwccn one of bis ca.,io,-and IOll1C of the neigbbon. Whic:b obviously, be oom:ncnnrd, by Ille tun1 out. is no loll,er a low key, quiet dair. Mr. Gam:u asked if be was willillg to ... _.die_,...-. jUll to., dllOugh -of lbcac--. or munc. Mr. Mcdicr llaled. they arc always willillg to meet with the neigM,on ..S they obviously would have prdcm,d to do dlll bcfcft I ftyer weal Gal IO 200 peaplc. IOIIIC of dlea tine or fl*r aila away from Ibis i.-... --.10 • ..._ .......... BIii ya, be_..., abaolutdy, Ibey have never rclumd • -=---with ay IICipbor of any bomc that they operate. Council Mclllbcr Glrrca askcd if lie would be taking the initialM to ICI up IUCb I meeling -or if be c,qlCICIOd to be Cllllllacled or lllow tllil pnaa sllould wm. Mr. Meeker adviad dial wbal -ity lilappells is ~ from the ncigbbomood COlllaCII them and ays they ~ like to have a IIIOClmg a Ibey IUgell a place and they come and they lit down and d . Mr. Meeker cxplaiDcd thal tllcy don't fed they can have the meeling ia the home, it is his home and 1h11 ~ be very invasive. Council Mcmllcr Clapp said she Ilka it Ibey just hi~ the OIIC individual currcndy living ll INl address. Mr. Meclicr aid that is axm:t. Ms. Clapp asked if they have pi.. for addilionlll iadividuala to move in . No. Mr. Meclicr adviml. their illlml WIS thal this would be a long term fClidcalial pil!ICCmelll for Ibis individual . Mayor Bums asked if tbcR was a particular rcaon why this individllll was alone. He Dlllal Mr. Medler aid be likcl to kcr:p to .._.,. in a home, but Mayor Buru aaked, is thal mGll of it or • dlcR ay odier fCIIOIIS why they ~ have this individual just by himself. Mr. Meeker cxplaincd dial it ii becauac be • . •· • 0 , - • Ea&lewood City Couacll May4, 19'1 .. , • 0 t• • ... likes to be alone, he docsn 't do well with roommates ... it is very important IO him to have his own space . Mr. Meeker llaled he bas an extremely rare syndrome, it is something that only a fairly small nwnber of people in the oounlry have. It is a condition he was born with, Mr. Meeker explained, he bas no oontrol over it, but they have learned exactly bow to work with this individual and he Im a very happy home life . Mr. Mcckcr no4ed that he talked to his father this afternoon, just to let him know what was bappcning His comment was that his son is the happiest and bas been doing the best he bas done in his cmirc life, in the last three or four years. Mr. Medler rcileraled that they have really figuml out how to wort with this individual and provide him a good life and make him be a good neighbor. He said he bas been a good neighbor. Council Member Nabbolz asbd if their supervision were to break down wilh this illdividual, if there was a g....-ec or•-. to this acipbodlood. dllll there would not be ay problems with cilher the chilclrm or neighbors. Mr. Medler llltal dllll llc caa 't pc dllll ....-,c. aymorc than the neighborhood can gnoe him a ...-.,c llllll nobody in the neipborliood would CYCI' act out. Mr. Meeker advised they have .-ilOring of this incividull, they have 24 hour 111ft' in the home ad if be leaves the home on his own thcrc is an alarm 1h11 --. so the ltaff would be alerted. He noted ii has not been for many years, but the few limes be Im left on his own. be has almclll always COIIIC back wilhoul incident Nobody bas ever been injun,cl. Mr. Meeker lllled ii is Ulllllly bec:aUlc be WIIIICd to Ft out and do somclhing else or he was frulln&ed. Apia, be poiated OUI, lie is acll lalking about anything 1h11 Im bappc:ncd in the last lhrce or four years. He llaulll lllinnclnidaal lmbla doing extrancly wcll;thcrc have simply been no incidcnls of ay kind. Bui no, be aid, be caa'I mallc a gull'IIIICC ... wbll be can say is 1h11 they have been IJCIVing this individllal for a long lime ad they haven't had !bole kinds ofblakdownl ad there is no raai to lbink they will. Mr. Meeker SlalCld they have III cxtn:mely good ltaffin this home, mo&l oflhcm wortcd with this individual for a nwnbcr of yean. Council Member Nabholz said, as they an: trying to clear up mi1C0111m•micalions within the Englewood Herald, 1h11 it is her Wldenlanding dill if lllil illdMdual -IO Fl OUI, wilhoul supervision, there is no nccd for the neighbors to call 911 . Or, she lllked. should they call the police. Ms. Nabbolz asked wllll is the prolOCOI . Mr. Meeker said there arc a a,uple of lhinp. If be left • his own. they would 11111 want him off on his own, for his own prolCCtion. So, be advilcd.. wbll they would appn,cille is, if the neighbor would come O\'CI' and knock on the door ad lei the ltaff~ linow, if for--be hadn't come out with him. Or, be aid, iflhal was the caKllld the neighborhaday QOIICCIII al all ... ycs, call 911. JUII as you would if you have a ClOIICClll lboul ayllody in your IICigllbodlood. Bui apin, be DOied, the prublbilily of lhl&bcillg die c::aK ii -.-iy ua&My. Council Member a...... ..... ilr the niconl. if Mr. Meeker would live tile people in the llldimcc the phone number wbcft lie could be ladled. Mr. Meeker said yes, .. 36CM600 . Council Manbcr Wagoner said lhll lie !Dalliolled ltaff people ia tllc lloac. He asbd lllow may .. people arc there • ay oae pm1iculs lime. Mr. Mcckcr advised ii is oae to oae. 10 tllcy always ~ oae pcram in the bomc. Mr. Wagoner asked if 11111 is ll all limes. Mr. Mcckcr llid ii is al all tilllel, _._ they go OUI ... -be is OUI of the home a lot . They go imo the c:oaumaity, tllc llafl' • the home frequeady involve him in family activilics with their OWD families . Thal, Mr. Mcckcr aid, is the kind of 10 c:allcd lhrcal be is. So be is out of lhc home a lot, but Slaff is with him when lie is OUl of tllc home ad 111ft' is with him when be is in the home . Council Member Habenicht said she bad a qUCllion just lo throw OUI. She asked wbal -the next SICp. Council Member Bradshaw said Iha! she lhim lhc neighbors meet wilh Mr. Medler. Mayor Bums commented Iha! be would lbink III and hope IO, 1h11 Ille IICipban wuuld meet with Mr. Meeker and have that communic::alion . He noted Council Im a IIICIIIO 6GIII the City Altorney about IDIIIC of !he legalities involved here . But, be aid, be thoughl the immediltc C1111CC111 is with the neighbors IDd .. ., •· • 0 , • Enckwood City Council May 4, 1998 Pace7 • 0 • this particular individual and if they can get those lines of communicalion going. that would be the most constructive step at this point. Council Member Habenicht asked if one of the community rooms would be an appropriate location for such a meeting. Mayor Bums said he clidn 't know why no(. Cily Manager Scars Slated we could host that. ,. - Mayor Bums asked Mr. Meeker ifhe would be intcrcslcd in that. Absolutely, Mr. Meeker said. He noted that his chief regret is the convenation that apparently aroused people 's concerns, happened five , six or seven weeks ago. And, he said, the fust they knew of anything was when he got a call about the City Council meeting last Monday niglw . Mr. Meeker llalcd he would hive deeply appreciated the call and they remain deeply coocerncd about the effect of this Oyer and lhll this home has now been identified and this individual has been targeted as IIOIIICbocly who is dangerous to the community . Mr. Meeker opined that it is extremely impo,tant that that damage be undone to the extent that it can be. Council Member Bradshaw asked how he would see that being undone . Mr. Meeker said he thinks a Oyer should go out, from the same amhors, retracting the allcgalions, with the same distribution. to the 200 households that they sent it to . He no(cd that there is no way they can now control the word of mouth that has been gcncratallrom that. But, he said. he docs think it is very imponant ... imagine any of us without having any opportunity 10 respond. having a Oyer distributed to 200 families in your neighborhood and being told. falsely, that you were a danger tCJ the neighborhood and a violent person. Mayor Bums commented that that will, obviously, be part of his discussion with the citiz.cns, thal he plans to have . Mayor Bums asked if there were any other comments or suggestions from the Council members. Council Member Nllbholz asked if tllCl'e arc• requiremcntl. do they take under the age of 18 or 21 or do they have to be a certain age . Mr. Meeker advised that they hive • huge variety of programs and they serve birth to dcadl. In a home like this it would be an adult, they actually hive two cbilclrcn ' s homes, but most of those individuals have now aged into adulthood . But , usually they would DOI pla::e uncbody in this setting until they were 16 to 18 yan old. Mayor Bums asked if lllcre were any other comments or questions. As there were none, Mayor Burns thanked Mr. Meeker for oomi.-,ipe., (c) Safety Services EMS Coordinator Jim Ulricb advilcd 1h11 he aerws as a member of the Air Life Memorial Park plaaniDg CIOlllllliucc . He noted that, • ewryone ii -. dlen: was a bdialpler cruh last December lhll afl'ccted the whole EMS commllllily. He said lie was ~ ID i8lnlducz Midlael GRlCDC . He noted Mr. Grmic has been with Air Life for 10 ycan lBd Im Ilea tllc pn,pam dinaor ror the past S years. Mr. Ulrich stud that those living in the Dmver area aijoy pnibebly the bell EMS ddivay sysacm in the ClOWltry, spccif1a1lly in the 11111them metro-· And IO, he aid, ,.......,MIi like lllil aftcal us rlllhcr clccply . Mr. Michael Greene thanked Council for allowing him to address the Mayor and Council members. He said he would keep his comments brief. He stated that on December 14, 1997 tine mcmben of his Air Life team dic:d tragically down on South Santa Fe, jusl a few miles from bcR. They wen: oa I mislioa of mercy and were transporting a critically injured paticnl who Ibo, tngically, had urtcd the ICIQUCIICC of events thal changed many lives tbal nighL In lllC days and weeks that follcnwcd. be noted, be fouDd himlclf deeply saddened and fcuful thal his friends and co-worken tbal pve their lives would be fcqoaea. He said he found thal he -not alone. 11vough the IOffllW be found Olbcn like bimldf tbal -eeardling for I way to honor and rcn-.bcr Leslie Fclclnaul, Pelc Abplanalp and Bedl Buller and tbul bcpi I grass roots effort thal is today some1hing a little less formal than the Air ure Memorial P..t Commiuce. He said they really wanted to create a place that would .-y honor to Leslie Feldmann, Pete Abplamlp and Beth ..... ., •· • C , ]- • • Ea&lewood City C1111acil May4, 1991 ••• (. • 0 • Barber and wilh it began a healing process that really goes beyond description tonight. He said he was here tonight to 1lllk to Council about the put. to explain it and ask for their support to make that put a reality . Most imponantly, he noted, he is graldul for lhc community support Ibey, all lhc members oflhc Air Life team ... the pilots, nurses, physicians, have m:eivccl. The outpouring of support from lhc community has been trancndous, he said, and it bu helped them an awful lot. He said he thought that all of Council receivccl the brochure in their packcu tonight thal details the memorial park and he pointed out lhc artist's rendering of lhc put. which he had displayccl on a tripod . He said he wantccl to point out some of the features. He askccl Mr. Ulrich to pus out brochures, to lhc members of the community in the audience . Mr. Greene explained that the Memorial Pait will be on the WCll llidc of Santa Fe along the Mary Caner Grccmniy, jull to the cast of Caltmnial Golf Counc. The pllk will femn a very larF public area that will be a llll1nl rock wilh rock bcncbcs. it will femn a Mier dclip that will have bubblcn lplalbing Mier up Olllo a rock thal will be Clcbed wilh geese takiDg alf ia flipl Oft' 6am the maill public ma will be a rock padi dlll lcadl .t to a more CIOlllcqllluvc lflCII that they have dcliped wilh thc help of the families aad -artilll 11111 BR WOIUII on thc pat widl them. '1111l lflCII will lcabft a c:irallar of rock, widlia 11111 rock will be etched the saying: "When you awaken in thc morning's hush. I -die swift upliftillg nllh. of quid buds in c:irded flight. I am lhc soft ._ thal shines II niglll Do nol Slalld at my pave and ay. I -not there; I did nol die." Mr. Greene IUlcd thal is the pat and he would be glad to _.., ........ Council Member Rabcnidll"llbd him to r4,eat lhc location. Mr.Greene explained thal thc location is jUll IOIO of Prince Slrect on thc west llidc of the South l'llllc River along the Mary Caner Greenway . Council Member Bradshaw notccl it is son of behind that ICUlpeu,e, Mil of the ICUlphR. Mr. Grecnc said ya. that ICUlpture sits • lhc cast llidc of the Plaae River and thal is the site of the accidcnL He notccl lhc hclicopler came to ra1 jull on thc fairway of the pf QIIWIC. Mayor Bums COIIIIIICl1led that it looks like a lcMly memorial. He asked how much time thcy !him it will lake to ClOllltruct tllis. Mr. Grecnc advilccl dllll thcy plan on eight to ten weeks of COllllnlCtion. They would like to break ground this swmncr to have the pat finished before winter ICII next yar. He notccl that right now, as far as funding for thc pat p,cs. thc City of Littleton IIIOII graciously has funded $20,000 out of a $100,000 alimatc for the park. Swedish Medical Cenlcr has also funded $20,000 and thc community, in a very grass roocs effort hasCIOIIIC fonwanl with about $15,000. Mr. Ulrich, in his clraun, dramt of an C\'CIII to coincide with EMS MCk. the proca,ds of which will ID to the pat. And. be noted, they have a .,af tOUIIIIIDClll that Hcaldl One pull on for tbem and the proceeds will also ID for the plllt. So, he said, thcy-..... that will bc.a lipific:al -ill thc direction o( paillg it clone . Council Member Hlbeaiclll ulled if be had appn,ached the Alaplboc Gi-.y Foundatioll and die Saudi Sullulllul Palb. Mr. Grecnc adriaed .... be ... .,aim with die South SubUllla Palb and Reclellioa Dillricl, that this is actullly i..t 11111 thcy-. ad III lllnlup the appn,va1..-be Im bcell before diem aevenl times. So. yes be i. .,aim with tbem and they bnJupl -qualioDI about the dclign and PIie Olbcr i-. but .... has beca it. So, Mr . Grecnc adv-. their ..... out lbcrc would allO be very much appreciated wbea thcy apeak IO ..-.bcrl of the ltecralioa Dillrict ... jull tllcir 111p11111t of tbc project. He said be "-s ii is ia the City of Littlaoa, but catainly -,. of the citimls from Eaglcwood. clown into llllincorporllc Anlpllhoc Counly, will bcncftl ~ the pat. Mayor Bums ulled thal he read thc r.dl mmcs of the thrcc people. Mr. Greene ldvilCd 11111 Pete Abplamlp was tbc pilot. piloting lhc ainnft thal niglll. and the flighl aura .,_ Beth 8a1t1cr and Leslie Feldman. Mayor Bums thankccl him for coming toniglll and COIIIIIICllted that ii looks like I wonda1lal tribute to them. Mr. Ulrich advised that tbc cvcat thcy were talking aboul is the Air Ufc Memorial SK na'walk whidl will be held May 17*' at Hudloa Gardens in Littleton and he had applicalicml if aiyoac -intcrcllcd. He nolccl lhcrc will be an EMS m1111er and a lot of lire trucks and lfflboalll!C"A'I from tlllOugboul the metro area on display. •. •· • C , - • • Ea&tewoocl City Council May 4, 1991 Pa,:e9 7 . NOll-ldled•led Vlliton ,. -• 0 • Mayor Bums noted that lhcrc arc several people signed up to speak that he notiad were II last week's open forum that were concerned about the West Chenango matter. He said he would suggest that since they had a dialogue with the rcpraclUlive of the company that Council might fccl free to do the same with the people who want to speak on the same subject. (a) Carol Belt, 4871 South Lipan Stn,ct, llllled lhc -quite IIUlprised and a little shocked due to the aaacks and the threals nadc by Mr. Medler. She aid lhc tbougbt he -coming here to infonn the Council regarding the holllc. She~ thal Ille and her hull,and were responsible for the Oyer . It -called~ and inOaanmllory and aim ...cdling -said about lcpl redress. She staled dill 111c didn't ralize lhal poaibly they would have to have a lawyer here . Ms. Belt advised dill they found OUl recently lhal Dcvelopmealal Pathways is a SIO million a year business ... non-profit corporalion. So, she said, she would IUppolC they could do a lot of lcpl damage to them . But, she Slalcd, it was not their inlcntioa at all to defame this man. She said lhcrc was IOllldhing said about racial slurs, lhal she thougbt that was mentioned at the oommlUlity forum also. Ms . Bell advised that she has not heard iacial slurs from a,y of their neighbors. lhal the neighbors next door arc Hispanic and lhcrc is a Jewish neigllbor on the other comer . She poiad out that they have never had any problems like this in their neigllborhood . She said lhc woald guess that she would have liked to have a COIIYCl'Sllion with Developmental Palhways about this partiaals pcnon moving into their neighborhood, dill this is their community . She noted she has lived lhcrc 34 years and their neighbors have lived lhcrc the same amount of lime and this is their cx,mmunity. Even though it wasn 'I a group home it would have been very nice and polite of them to inform them. Ms. Belt opined 1h11 this is very unfortunate that all of this is coming about right now and cspccially the way Mr. Mcckcr lalked. She said lhc knows it diShutJcd 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 oa the O)'CI' ... one was ~half-way house" and one was "violent person." She stated that the police told their neighbor tllat this part.icular gcntlcman was violent Ms . Belt said that she thought Ms. Fulton called their rcpraclUlive Doug Garren and she also called Dcvclopmcntal Pathways and apparcnlly the assumpcioa was lhal lhcrc coulcl, very well be a violcnl person lhcrc. She said she docs not think this was an W1lnllh, that it was maybe an unfortunate word lo be used. but this Oyer did not just address that. She advised lhal ii addrclScd another CXIIICCffl rcprding their padt, IO ii wasn 'I targeting this one indiviclul II all. Ms . Bell cmphasiud that she would like to lllllu: thal very clear. She said she wrocc down IOaall)' DDICl.from wbalhc was saying and he aid something about bccausc: he looks different . She llated dill many of them do not even know wll8I be looks like, if he were to get out of the house they would not know who he -. lnlddidly. She llid he..., menlioaed IO!Ddbing about they thought it -an ideal loc8lioa oa a dead-end IIRd. But. she pointed OUl, the dead-end 11rect happens 10 be right next to the Belleview Put a-.tgo parking lol. Ms. Belt aid ---if they !om baclt in the police records they will find tla that particular area bu bcca called on-,, nay. may limes, bccaulc of the panics late II niglll. so this poor Fllllcawl is ially piag to be disblltled living there. She said, as she said before, they have lived lhcrc a long lime and lhcrc is a lol of traffic , a lol of noilc, a lol of l1IIISic being played. a lol of people oa:upying lhll part and 11111 paticular area. She said she would ~ 1h11 is all she had to say ... tbll, like lhc aid, she was just very shocked. She noted he IIICllbOlled something about a rcuactioo ... she said the only thing she could think of, right off the lop of her head, is nmybc a letter lo the editor. that would probably reach as many people . She said she docs not feel any rcuaction. really , is in order ... unless. like they said. they bring some lcpl rcdrea 10 them. She said lhc docs not know whal to say, because it is a shock . He said that they have rights. well, lhc noted, it seems 10 her thal apparently they have more rights than we do at this point . She aid lhc doan't know whal to say about that She aid she always thought lhal they had. as Americans, as citacns of Englewood, just as many rights as any oac cllc, especially as long as they have lived in their neighborhood . She .....S lhc just feels very ad about this silllllioa . . .. ,:. ' . ~ . l: ii •· • 0 , - - • • • En&lewood City Council May 4, 1991 Paie 10 • 0 • (b) Carolyn Fulton, 49SS South Lipan Drive, Slated that IIIOll of the things that she did want to say would have to be addraaed to him. if they are going to have a meeting. The one thing she did do, she said, and she did do a little calculllion, is that she does DOI believe that wben the Federal government puacd the American Disabilities Act that it was intended for such a thing as this. If they pay a person $8.00 an hour to manage this man, limes 30 days for the month, she came up with about SS,760 in ,. - salary ... let alone food and the COil of buying the home . She said she does DOI Wldcrsland where all that money comes from. To spend that much moncy ... taxpaycr's moncy ... on one individual, she doesn't undenland ... just to place them in a neighborhood. She said the other thing that she doesn't quite understand wllal he is having to say, is 1h11 he says the man -'ll• to be alone and then he turns around and says that the c:ounsclors take him to some of their family tbinp. Which, she said, sounds like he goes out 111d henizes (JI' ~ with other people and yet he -ts to be alone. She said she doesn't undenland tholC two, they aeem to QOlltradict each other. Tbal is all, she said, except the other things will have to be~ to him in the meeting. (c) David Velasquez, 1201 West Cllenlngo, said that al this time he really doesn't have that much to say, but from wllal he heard from the man speaking here and from what he heard from his wife ... and his wife isa very ll)Od woman ... she would DOI lie ... Mr. Velasquez lllaled be is just disgwllCcl, 1h11 he is 11> coar..d right now that be is just piaed off', 1h11 be can't Cffll think stnipt. He said 1h11 wben nnebody CIOIIICI up to bis wife, wben she is going just bonlcrlioe to the yard, to say I (P'Cd you into the neighborhood and 1h11 guy FIi kind offflCU with her, he doesn't raped thll al all. Mr. Vctasqucz noted 1h11 at this time he is DOI going to say anything. bcallllc he is 11> mad that he is afraid of what he would say. (d) Lori Vclasquez. 120 I West Cllenlngo, said lhlll linl of all she wanted to say to Mr. Meeker 1h11 when his~ -up to lier ... 11111 actually she-l'llllllingand she was coming home and her daughter's bicycle was pulled in the dri\lCMy, 11> sbc MIil into the dri'YCWlly to pick it up and he walked out and he aacd if 1h11 -a. billc.. She said Ille tald him yes, thal it belonged to her clauptcr. Ms. Veluqucz said he told her, al 1h11 time. 1h11 he would appreciate it if she wouldn't let her kids C10111C into his yard, bcallllc he said he bas "one of thole uh, you"-· one of those kind of kids." She said she just stood there, she didn't say much. Actually, she advilcd, when he fust came out she said "oh, bi, arc you the new neighbor?" that he did DOI cvcn say "yes, I am the new neighbor" or let me welcome him into the new neighborhood. Ml. Vctasqucz Slated she is piaed off too, because he went and told Mr. Mcc:kcr something else. And, she noted. he tald her tllll if her kids -pg to play in his yard to let him know . Wdt, she said, tlllR i,s a am ripl dlerc aal she lllouldn 't have to let him know when her kids arc pg to play in the ma, the am is not his. She rcilaated she sllouldn 'l have to let him know and yes her kids do drive in bis driveway and IO around in !heir billcl and C10111C badl an>und, they do do that. But. Ille lbllCd. he told her 1h11 yes, he CIOUld IC( violent with her kids and that is very worrisome to her. Bccaulc, she said. lier kids *-kl • feel lilc dlcy arc in daFr, wllal they arc just playing with their bikes or doing IIJIDdhing around her neigllborbood. She IIIICid it macs her very pillCd off that he went and told Mr. Mcc:kcr IOIIIClhillg IGlllly diffcrmt. She c:mplwized thal she wiU cmf'ronl him and yes, she will talk to him if Mr. Meeker brinp ltim to the meeting and she wiU ay exactly what he said. Bcc:ausc, she advised, she bas live childRn at her home, rupig from IS to 4 ycan old. Ms . Vduqucz said yes it makes her mad to know that her kids cannot fed safe. She said she has had to tell her kids DOI to play over there and her kids do DOI undcntand 1h11, bcallllc for the put thn:ic ycan that they have lived there they have played in thal yard and they IO around. And yes. she said, she thinks that Ibey do have open neighbors in her neighborhood, because wben she moved into that neighborhood Mrs. Belt and the Babcloc:ks, and a lot of other neighbors 1h11 are here, rcc,eivcd them into the neighborhood and gave them a big party to welcome them into the neighborhood, along with one of the other neighbors that had moved in . So, she oommcntcd, ye s Ibey arc an open neighborhood, because her kids drive into the Babcloc:ks, her kids have gone into the Belt 's garage area. They play around and nobody has ever, ever told her DOI to let her kids play in their yard ... ncver. On the contnry, sbc said, Ibey all agra: and they all live happy, tlllli.l Mr. Mcc:kcr's guy came in and told her thal yes he could IC( violent with her kids. And, she ltalcd, • she said before, that does make her very. very worried and very. very conccmcd. • ..... •. •· • , ]- ] E•&lewood City Couacll May 4, 1991 Pqell '· • • • .. (c) Tim Walker, 4198 South Lipan Slnlct, said that rust of all be would like 10 QlllgnllUlale "' - him on buying in such a good ncigbborbood. bec:aulc tbc propcny values are cxa:llcnl. He said he just saw where his property went up SI l,OOOfrom ... year. Secondly, he notcd,justas lbc said, he tried 10 wavc 10 their counselors ... he didn't C\'ell know anybody lived there Wllil the beginning of April. Just befOR they talked lO them, be saw one guy and tried lO wave. He said he cloesn 't nen know when they moved in, because his house looks rigbl down the street. down Cllcnango, that he lives rigbl on the comer. Mr. Walker advised he is like everybody else. he wants lO get with them ll their meeting 111d ICC what they say and then they will get back with Council and ICC what they say. (f) Rick Gillit, 4985 South u.-Drive, stated that he is kind of surprim1 ll the gcntlcaw:t 's COIIIIIICIIII, that be too W c,q,cctiJll to be informed tonight He meiaeained dial dial W OIIC of die 1111111 evuivc and defcnlive CDmmeNI be thaugbl be bad lard in .... time . Mr. GiUit opined dlll be coulcl ba\oc doae mudl -,e, if lie llad-10 infonn. He said lie llill dlm't llllow wllll dlis gcntlc I 's problem is. He lmn 't said whedler or not be Is a violent perua. All lie lial lleanl Is diem aaac:kiDg our community, yd be Im 10 lllldcnland lllll is when: they liWI, tllll he ... c::IIMm md bis IICipbon 111\'C kids and he thought they bad a right to be informed. He stated be appn,ciaes dial IOIIICbody ia our c:ommunity bad ee,plS ta inf-them that there was an iauc. Mr. Gillit said be dlallb God lhll wc still bMc the amcodment that says fnedom of speech and we can say wbat we fed and wc 111\'C fnedoms to write lhings. He said he dlought dlll the gralCSl cnor is 1h11 they, as a compmy ... and they arc a company whether they arc -.profit or prufit ... did not inform OIU' COIIUIIUllity bcfOR they bnJupl this illdividual in. It would haw been a great 1111d to them and to us to be informed. He said lie hopes this p«lcmm takes a lesson about this 10 the next ClOIIIBlllity that they try 10 illll*t, that a little bit of infonmlioo sure helps a lot. Mr. Gillit &tiled tllll be just c:hallcngcs them and their staff' 10 really understand when: we come from as a QOIIUllllllity and when: we c:oac from• IICighbon. tllll ... M'C we arc IDUII IO be clcfi:aliw. bec:aulc WC ha~ I right lO be. ffc pointed OUl tbll it is a lo( diffcreal wbcn it is in your backyard, aDd it is in llis backyant. in his aaglillorllood. -Head be i...-Mr. Medier w off 11111 ., defcnlive . Mr. Gillit lilaled that, lO him, tbc letter Mr. Mcdicr wrutc -llladaous to tllcm. He rally ~ to qraup and rcdlink what be said. bec:aulc be thought prabllbly 90% of them hlrlllllklff right nay. just bearing bow be came: across. ffc said that be hopes the next time they approach Ill, as I COllllllllllity, dlll they approach US with infonllllion, not dd'wiw:aca. (g) Ju ICcrzic, 4790 South U..., aid lhll there is one tlling we haw misled hen: 111d lhll is dlll this is an infrillaem eat Oil ,W ripls • Cily Council, 11 our lqll'CIClllllMI of the Oty. Sbc poinlCld out lhll they didn't let Council know what bappcacd. they didn't a,mc 10 Council md let them know what was ll)ing on in the ncigllborlload 111d Ille lhoupl thcy hnc lhll rigbt. (a) A letter from Mm Dilatulh indiclling his raignation from tbc Clean, GnlCll and Proud CnmmilPOD WIS c:onsidcnd . COUNCIL MEMaER NAallOLZ MOVED, AND IT WAS SECONDED, TO ACCU'T WITB UGUT THE RESIGNATION 01' MIKE DILATIJSB PROM THE CLEAN, GOEN AND PROUD COMMISSION. Ayes : Nays: Motion carried. Council Members Nabholz, Gam:lt, Bradshaw, Habenicht, Waggoner, Clapp, Bwns None (b) A proclamation declaring the week of May 17 lhnlugll 23, 1991 as F.mqmcy Medical Services Week WU considered . •· • 0 , E•&kwood City COIIDCil May 4, 1991 Paset2 • 0 - COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF MAY 17 THROUGH 23, 19'1 AS EMERGENCY MEDICAL SERVICES WEEK. Motion carried. Ayes: Council Members Nabholz. Oamtt, Biadsbaw, HabenicN., Waggoner, Clapp, Bums Nays: None Mayor Bums praented the proclamllion to Safety Services EMS Coordinator Jim Ulrich. Mr. Ulrich commented that probably one of the IIIOII under recognmd aspcctS of public ICIVice is the EMS a>mmunity . He noted you don't -them oa TV very much, becauc by the time the TV aew gets there, the ambulances have already left. We are prclty much unrecogni7.cd. he noted. The only people who really know about us, he said, are the people who need us or who have IIICd us in the past This week, the 1,6 through the 23..i is Nalional Recognition Week and they are ~ to be promoting EMS awumess. Mr. Ulridt sugcud that when you -a paamcdic, an EMT, a firdiglur or police officer, or aybody that gets involved with emergency medicine, you might just want to thank them on that puticular week. He commented if they find time to go out to Hudson Ganlens on the 1,6 that would be nice too . Mr. Ulrich thanked Council for !heir suppon and noted they are just really happy that they have been allowed to provide oae of die 11atc of the art IICfVices in the City or the State or the a,wuy. Council offfflld !heir thanks. Council Member Bradshaw said she needed to say something oa behalf of that Sbe Slated that if it wasn 'I for Mr. Ulrich and his cn:w, one of her neighbors would not be here. Ms. Bradshaw advised that they have saved thal man IWice in the last IWO years and she thanked them. Mayor Bums COIIIIIICdcd tbal he bad oa:uicNI to be down Ill the fire Slation on Aooma Saturday and he was talking to one of the fudighlers and bad a tour of the place and so forth. k is very obvious, he said, bow proud they are of that ICIVice and ,-keel abOllt how IMII)' people they have saved rcciemly in that program and whlll a hip state of n:adincss they are in with thlll program. Mayor Bums llalcd it is really rcmarllable how well they do. 9 ......... (a) COUNCO.. MEMIIER BRADSHAW MOVED,AND IT WAS SECONDED, TO OPEN THE PUBUC HEARING TO GATHER CITIZEN INPUT ON A PROPOSED BILL FOR AN ORDINANCE "AMENDING INDUSTRIAL ZONE DISTRICl'S. Ayes : Council Members Nabholz. Oamlll, Bradlbaw, Habc:nicN, Wagoner, Clapp. Bums Nays: None Motion carried and the Public Hearing opened. Ncigllbolllood and Enviroamenl Tecllnician ....... llalcd thlll bd'OR Coucil toaighl is Council Bill No. 11, the pn,polcd amcndmalll to the 1-1 Ughl lllduslrial and 1-2 Gcncral ladullrial Zollc Dillricts of the Compn:hmli~ Zoning Onliwlce. Sbe lllbmillcd Proof of Publication of Notice of Public Hearin& which was published in the Englewood Herald April 10, 1991. The pn,polcd amendmcnll, she advised, rauJt from • n,quesl of City Council to review IWO specific land -and thole IIICS are c:ar ausbing openliom and huanloul waste lllOrage and processing operlllions. The purpoec of the pn,poacd •-d!nenc• is to mitigate potential impacts of thelc IWO heavy iadullrial IIICS on acijaclclll raidedial acipbcnoods. She staled that the amcndmenu are zone district rqulations thlll address and affect 1-1 and 1-2 Zollc Dillricls city wide . They are short tam rdiel, M specific to lwO land -and IOI mcmc to addras all of the indllllrial zone district regulations or all the revlUC1111 that are .-,y for thole climictl. TIie reviliom, she noted, are also Sland alone revisions which can be inc:orponled um a more ~Ye ievilioa of I· • 0 f • • Ea&tewood City Couacll May 4, 19911 Paae 13 • 0 • "' - , . the induslrial zone diSlricts which is plannc:d for later this year. Ms . Langon explained tluil that R:Yision process has already begun with 10111C preliminary discussions with IOIIIC industrial land users and the purpoae is to bring the ordinance up to dac, both technically and from the aspect of community quality of life . She rd"ened Council to the Council Communication on page 2, the lllllrix, and said she would go over the main eras of the ordinance. Under the fiRt area, amomobile shredding, that use is cwremly prohibited in 1-1 and 1-2, as auto lhredding and similar operations and it has been prohibited since 1978. The intent, back in 1978, was also the IIIIIC, she said, to mitigMe impacts to adjacent oeighbomoods. In the proposed amendment those uses would remain prohibited uses . The only change to the amendment is an automobile shredding definition and tluil includes auto crushing, baling. (lC)lllpacting or similar processes, which reduce vehicles or parts to a form suitable for further processing. Ms. Langon adviled that dae is one existing or known auto crusher in the 1-2 area and it will remain the non-conforming use, as it has been since 1978. The ICIClDlld section is aulOIDObile wnx:king or dismantling, C111TC11tly it is a conditional use in 1-1 and pennilted in 1-2 . That, she s1ated, would remain the same Wider the proposed amendment She said she wanted to explain that. She aid tluil 11*1 WIiding or dismamling is a leis i1*nlC dilllWllling. ac:1ually dismadling of vehicles inlo their a,mponent parts for sale or possible recycling . The change here in the amendmem is an expansion and clariflClllion of the defmition to include the term auto WIiding dismanding as paning, salvaging, recycling or similar proc:csses. It does IIOI, she pointed out, include auto shredding, a--.. baling. as in the rn area . Then: would be no clwtgc to existing opemions in either the 1-1 or 1-2, undeuhe auk) WIiding or dismanding section . The third area is ha7.ardous Wllllc: processing and •onge. She •ted thcy have added a definition for both ha7.ardous Wll5IC and hazardous wasle operations. She explained that this means bazanlous Wlllle. where it's the principle U1C of the businesses ... it does not affect busineaes that happen to U1C huanlous IIIIRrials as .-, of their process . Because, she noted, most any business has some type of haDnlous nmaial. So it is only tboae bo!SillCSICS thal the principal operation is storage or processing of lw.ardous waste:. Cum:ndy. she s1ated, ha7.ardous was1e processing and stonge is pcnnitted in 1-1 and 1-2 and the proposed amendmaU would make tboae uses conditional uses in both zone districts due to the proximity of resicleals a the polClltial for bealth or safety impacts to those residalls. Existing uses will be able to remain as aJllditioaal uses with proof cl compliance. The other clwtgcs in the onliauce are in definition clwtgcs, as lhe said, they have crealed new definitions for auto shn:dding, huanlous waste and huanlous Mlle openlioll and then they have R:Yiled or clarif"ICd the IUlo WIiding and dillnanlling definition. She llated they have allO added, to the prohibited -. biological Mlle processing. Thal could poaibly fall under the umbrdla cl ha7.ardous waste:, but they felt 11111 it -ncceaary to actually state that as biological waste . And then, lhe said, tJae are a number of n:fermoe terminology changes to just try and brilll the Ol'diDMK:C into Ullifonnity with other ordinances. wheR • --• ~ ~ -have tad the term section or onlinmce, now they an: all trying to be thew wording. Basically, she said, tboae an: all cl the _,....,.., and as they can see they an: fairly llnighl forward. they have miw or no affoc:t on exillillg bulir mes aad they do 51ar1 the process of the R:Yilion cl the I-I and the 1-2 . She noted tlial ~ theae -nts Ml forwanl would meet Council'• requested linlefl.-. She lllbd if Council had any qllCllions. Council Member Bllldlhaw asked, on automobile wrecking, if 1-2 is the -ilMCIIIC dillrict. Ml. Lmp said thal is right . And. Ms. Bradshaw noecd, we have a number clwnding yank up ia lllll1bal Englewood . Ms. Langon said that is right, and lhe thought dae Mre three liceucd in 1-1 and six liceucd in 1-2 . Ms. Bradshaw commented that dae are quite a few and she-going to ay she thought it was nine or ten. Anyway, she askcd, ... and ~ that she doesn 't"-that this ball anything to do with this one, but in the future is dae a different kind of zoning 1h11 we could have for uo wnx:king or for 1h11 type of occupaliOII. Ml. Langon adviled thal she lhinks thal is going to be an area that is looked al quile closely, because there are aito wrecking yards and then there are auto salvage and then there is ralonllion yank or small companies 1h11 do res&oration WCKt. tluil do not follow any ofthcae regulations. She opined thal what we need to do is look at all of these categories of busineaes and buically see if-can level the playing field . Council Member Wagoner lllbd how this affects a station 11111 mighl have a Waite oil 11Cn,e dnm type thing undemailh the ground. where they drain the oil and then pump it out when it ,ell lull He said lie • •· • 0 , • En&lewood City Council May4, 1991 Pqel4 • 0 • I • ... would guess that is a haz.ardous material. Right, Ms . Langon said, but that is not their principal operalion, as a stolllgC of that waste. So, Mr. Waggoner said, she is talking about the principal operation. Ms. Langon said right "' - Mayor Bums asked if that is handled Wider the Waste Waer Tn::atmctll PlaN and Utilities regulations. Ms . Langon said that is right and that is another area where we need to update in the ordinlnce. Because, she advilcd, right DOW the ordinance c:alls for undcrgrounding ofstolllge lallks, but EPA does not want thal . So that is a much outdated section of the ordinance that needs to be addressed . Mayor Bums ukcd if, in the put, IIIIOIIIObile wrecking and that IIOrt of Ktivity his been rqulalcd under acneraI nuisances ordinances. He IIOled that maybe City Attorney Bromnan QOUJd answer that Mr. Bl'OCZ.llal l&IICd it -more in zoning ordinances. Council Member Habenicbl said this doan 't address any issues of buffers~ Z11DC1 or anytbiDg like that . She asked if that -true. Ms. Langon advised that no it does not, that they fell that-• much larger topic and, to fall within Council's limeframc, it was not IOllldhing that QOUJd be addralcd. Council Member lllbeniclll CIOIDIIIClllcd that the Olhcr thing she notiad was with biological waste proc:elling that wc arc exempting, or it doesn't aJWll, scwa,c plants or anything like thal. Llkc our -.gc clispcml planL She 8*ed if 1h11 is camidered biological waste processing. Ms. Langon staled that biological waste is generally medical waste. Oh, Ms. Habcnlclll said, you are talking about medical waste . She asked if there was a definition in there and wberc ii was . Ms. Langon said that no they did not include that as a definition. Mayor Bums asked if they plan to . Ms. Langon said it is probably something that they need to address in the future . Mayor Bums staled that if they are going to ,cpanle ii from haDnlous waste they should pn,blbly define it. Council Member Habenicbl a,reed ad noted 1h11 the fint dlillg 1h11 aoacd her mind· --looking at ii thislimc ... andlbeclidn'I sally notice it bdOR ... is portapaaiesad lllillp like Mad .... iii.- biological waste, im 't it? Ms. l..ampn IIOled they wen: origillllly looking II medical waste buic:ally. Mayor Bums said tbal be undenlood 11111 lbe -saying they lie ping to cwlve into the buffer islue in the future . Ms. 1.a11p1 explaalcd • 111M ii oae -thll they 11e pg to have to led at Apia, 1be IIOled, the real concern is the land or lack of land ad wllcR can wc ClOIIIC up with the buffer, ., 11111 is one llldbocl. 1bcR will be a lot ofthinp to led II on 11111 ... is a 10 foot buffer really-. to keep a blz.ardous wastc a-, or does it have to be a 50 foot buffer. In IIIOll ~ lbe pointed OUl, the land is not tbeR, 10 thcy need to led al a lUllber of medlods. Or, Council Member Bradsbaw commented, maybe gnndfalllering things in that arc already in exillmCe and then when they cbmF lands ID that is DO loa,er a pennitlod UK. '11111, lbe said, is aodler way to cbl with it. Ms. t.an,on qreed. Council Member Habenicbl asked if this addresses, in any way, the iaues of noilc ad the iqacal of noi1e . Ms. Langon advilcd that any of the URS that are either c:onditional or --.forming have noilC lbltement aiteria that they have to follow . And light abatement as well , Council Member Habenicht asked. Ms. Langon said yes. Council had no further questions or amunents. Mayor Bums noted that no one sipcd up to speak It the public laring. bul be asked if ayonc wanted to come fOIWU'd and addral Council. •· • 0 - Ea&lewood City Couacll May4, 1991 Paee1s • • , . • Caiy Strauss, owner of ABZ Truck Parts. a salvage yard or wrecking yard in Englewood, staled that the auto wrecking license that the City of Englewood has issued to wrecking yards in Englewood is probably the most .... (Clerk's note : At Ibis point Mr. S&nwss paused to lake a drink of waler.) Cooncil Member Bradshaw asked Mr. Strauss were ABZ Truck Parts was loc:atcd. Mr. Strauss advised it is an auto wrecking yard, lhll llCIUlllly be only does trucks, at 1922 West Wanat Avenue . Mr. S&nwss aid be would Ult over. He llalecl lbat the auto wrccking lic:aa that the City of Englewood has issued to wrccking yards ii die 1111111 ialricffie on1inaacc the City has. He explained that what Ibey would like to ICC flam the City ii a lair compliance from ocher businalel that do not have wrecking liceales, but llilR ad ldl ----a aulOmollilcs or parts. Mr. SU-llaled that the City is in the recyding busi-. 1k ii or IMll. He commmcd lhat the City has onlinlncel in mning dealing with -- lic:ell9ed, -ruming aulllaabilcs, 111,u.,.., and mi•cellw tnllL We have to keep in mind, be said, tbal people have to dilpole of tbcle aulOmobilcs and metal products with llOlllll ra:ycling outlet. Mr. ~ advised lhll as a long time busi-in the City of Englewood be. and odler people in the wrccking business, would appa:ialc being put in the loop with the -zoning and onliMIIClll clmlp lhlt the City plans. HeillalClll lhat auto wndting n,cycling ll!llVCS a vital role in preserving llllurll reaJUnleS and n,ducing demad "*'l!l ladfill llplC!l. For example. be lllid, the indullJy n,cydes over 10 million motor vebic1cs in the United S1a1es. dlenby aving u cstillllled 15 million..,.. of oil that would CJdlerwi,e be used in the mMuf'ac:lure of rq,lacemelll pans. Additional energy and reaJUnleS is realized by recycling rdluilclable a,re pans to the automobile pans indullJy and the automobile wrecking induslry also supplies """°ximltdy 37% of all ferrous metal scrap to the aap proc:asing induslry. Mr. Strauss said he would like to make it clear to the City Council that the wrecking yards in the City of Englewood do not have a problem wilh ramillg or c:b8IIFs in Ille ordinance, a long• they can have -input into what is being put folwanl. He DOied Ibey have always wOlbd with the City for -, years, IDllll of 11-1 have been in.-for over 20 yan. Ho said they don't expect ID Fl dleir way or be ialOla.-to what the City 1"0Uld like to c:lmlF. He aated they allady have a lot of EPA rules ad odler ,q,•lllions flam the Federal pa11111"111 lhlt he doelll 'I lllillk die City CWD needl ID WWI)' about. Belie\ie me. he lllid, they are very ......... coming down ftam ll!e Fedelal P"'fDlll"Dl ad-,body lie"-ol in die City of EDpwood 11111 lal a wrectillg liceal!l already has applied for ad naiYCld all of ll!eir EPA pe,mils. He asked if Couac:il bad ay qucstioa Tbere were .-. Mr. SUauss 11-.t he bad -badouls from the Nalional Recyclers lbat he -... to law: for Council if they would like to led .. them. Mayor Bums asked if anyone die WUled to come forward to speak on Ibis 111111a. There was no one d,e praen1 to address the iauc. COUNCO, MEMBER aRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSI 11R Puauc BURJNG. Ayes : Council Memben Nabholz, Gamat, Bradlbaw, Habenic:1!1. Wagoner, Clapp. Bums Nays : None Motion carried and the Public Hearing clClllld . 10. c-•Asna (a) Approval ofOnlinanca on Finl Reading COUNCIL MEMBER CLAPP REMOYID 10 (a) (II) ud (iii) ROM THE CONSINT AGENDA. COUNCIL MEMaER aRADSHAW MOVED, AND IT WAS SICONDID, TO Al'PROVI CONSENT AGENDA ITEM 10 (a) (I) ON nRST READING. • • •. .. •· • 0 , - • • • • • • Ea&lewood City Couacil May4, 1991 Pqt16 (i) COUNCIL BILL NO. 22, INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE ADOPTING 11IE "CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS RESTATED JANUARY I, 1996)" BY 11IE CITY OF ENGLEWOOD, COLORAOO. Motion carried . Ayes: Council Members Nabbolz, Gama, Bradlbaw, Habenicht, Wagoner, Clapp, Bums Nays : None • •••• Mayor Bums advilCd tbal 10 (a) (ii) is• recommcndlltion from the Department offinancial Services to adopt• biU for u ordinance implcmming changes to supplemental benefits for Englewood's Firefighlcrs. Director or Financial Services Otyglcwicz staled that he is also a member or the Old Hire Police and Yu-c Pension Boards. He adviled thal A,enda Items IO (a) (ii) and (iii) min-or each odlcr so they c:an discuss them al the IIIIIC time. Council Member Capp noted that it shows u inacasc here and she was just wondering if there is uy savings by doing it this way. Director Gryglewicz said he thinks there is a potential, substantial savings in the fact tbal undcrQIIICIII ordinance there is actually no specific guidelines u to who gets this bcodit. So, either one or the pension boards could award a full 20% to u occupational disability. So it could actually double the COit to the Oty. So, lie said. he thinks with this ordinance there will be PJbst•mial COit savings to the Oty. But. he noted, he also thinks there arc subslalml benefits to the polioc and fircfigbtcn because if they C10111C to the newly formed baud they will know what dlcir benefit wiU be . Currently they arc not quite -. beclUlc, he noted, it is IOIIICWhal subject.ivc and the boards cm look al it either way, Ibey can either llwad it or DOI, il ii not black or white. Mr. Gryglewicz rcilCralcd that he thinks there arc aJbstllllill savings and thll it ii a l,cncfit to our Safety Services pcl'DIMI. COUNCIL MDOall WAGGONEaMO\IED, AND IT WAS SI.CONDll:D, TO APPROVE CONSENT AGENDA ITEM 10 <•> (II) utll (II) ON naST HADING. (ii) COUNCIL Bill. NO . 24, INmODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TITLE J, CHAPTER I, SECTION I, SUBSECTION 2 OF 1llE ENGLEWOOD MUNICIPAL CODE 191S BY REPEAUNG TTl1..E J, CHAPTER I , SEC'JlON I, SUBSECTION 2, AND ENACJ1NG A NEW TTl1..E J, CHAPTER I , Sl!CllON I, SUBSECTION 2, EN'lTl'LED SUPPLEMENTAL DISABILITY BENEFJTS WHICH PERTAINS TO DISABll.ITY BENEFJTS FOR FIREFIGHTERS . (iii) COUNCIL Bill. NO. 23, INmODUCED BY COUNCll. MEMBER WAGOONER A Bill. FOR AN ORDINANCE AMENDING TTl1..E J, CHAPTER 7, SECTION 2, OF 1llE ENGLEWOOD MUNICIPAL CODE 191S BY REPEALING TITLE J , CHAPTER 7, SEC110N 2, AND ENACTING A NEW TITLE J, CHAPTER 7, SECTION 2, ENTl11.ED SUPPLEMENTAL DISABWTY BENEFITS WHICH PERTAINS TO DISABILITY BENEFITS FOR POLICE OFFICERS . ' •. .. • • 0 , ·-----------------.• ---------.,,.-·------------- Ea&lewood City Council May4, 1991 Pqe17 Voteraaltl: • I • • " Ayes : Council Members Nabholz. Gamtt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Motion carried. (b) ApproyaJ of Onlinanccs on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (I). (II) u4 (Iii) ON SECOND READING. (i) ORDINANCE NO. 28, SERIES OF 1998 (COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AlTllfORIZING A PIPELINE CROSSING AGREEMENT ENTTILED "PIPELINE CROSSING AGREEMENT -MILE POST: 6.45" AT YALE A VENUE wrrH 11IE UNION PACIFIC RAILROAD COMPANY . (ii) ORDINANCE NO. 29. SERIES OF 1998 (COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AlTllfORIZING A PIPELINE CROSSING AGREEMENT ENTTILED "PIPELINE CROSSING AGREEMENT -Mil£ POST : 7.76" AT KENYON A VENUE wrrH 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. 1371011IE sounlGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR 11IE INCLUSION OF LAND wrrHIN 111E DISTRICT BOUNDARIES. A,-: ... • C--=il Members Nallholz. 0am:tt. Bradshaw.~ Waggoncr, Clapp, Bums Nays : None Motion carried. (C) Resolulioas 111d Motions COUNCIL MEMBER NAIIHOLZ REMOVED It (c) (I) FROM THI CONSENT AGENDA. COUNCIL MEMBER aRADSHAW MOVED, AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEMS It (c) (II), (Iii) u4 (Iv). (ii) CONTRACT wrrH TEAGUE EQUIPMENT COMPANY IN 111E AMOUNT OF $94.546 .00, FOR 11IE PURCHASE OF TWO BUCKET TRUCKS. (iii) CONTRACT wrrH TRANSWEST TRUCKS, INC . IN 111E AMOUNT OF $40,314 .00 FOR 11IE PURCHASE OF A DUMP TRUCK . (iv) CONTRACT wrrn TRANSWEST TRUCKS, INC . IN 11IE AMOUNT OF $40 ,314 .00 FOR 11IE PURCHASE OF A DUMP TRUCK . .. •· , • 0 • 0 • Eapwood City Council May4, 1998 Pase 11 Vote raaltl: Motion carried. Ayes : Council Members Nabholz, Gam:tt, Bradshaw, Habcnichl, Waggoner, Clapp, Bums Nays : None (i) Council Member Nabholz said she jUSI had a couple of questions, to clear things in her mind. She noccd that OD Amendments 2 wl l in this it showed the employee voce was, by a large majority, against. Mr. Gryglewicz said yes. She asked if they an: puling this with all the AmcndmelU as they are. Director Gryglewicz explained they an: minoring the voce. COUNCD, MEMBER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (e) (i). RESOUTTION NO . ,1, SERIES OF 1998 A RESOLlITION IN WHICH 1HE CITY COUNCIL OF mE CITY OF ENGLEWOOD, COLORADO HEREBY CASTS rrs EMPLOYER'S VOTE IN FAVOR OF F.P.P.A. ·s PROPOSED AMENDMENTS NO. I, NO. 4 AND ·NO. ,. AND AGAINST F.P.P .A. 'S PROPOSED AMENDMENTS NO. 2 AND NO. 3. Vote reaaltl: Motion carried. Ayes : Council Members Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None II . 11.eplarAplla (a) Approval of Ordinances OD Finl Reading There were no additioall ilcms ......_. for approval on first reading. (See Agenda Item 10 -Consenl Agenda.) • I (b) Approval ofOnlinances OIi Second Reading (i) Mayor Bums uked if Council had any qualiolll or COIIIIIICllls reprding this Agenda Item . 1beR were none . COUNCIL BILL NO. 13, ltmtODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING Tm.E 16, BY REPEALING mu: 16, CHAPTER 4, SECTION II, EJlnTll.EO LANDSCAPE ORDINANCE ; ENACTING A NEW 'JTll.E 16, CHAPTER ,. SECTION 26. EJlnTll.EO LANDSCAPING STANDARDS ; AND AMENDING Tm.E 16, CHAPTER I , SECTION I, BY 1HE ADDmON OF SEVERAL DEFlNmONS, OF 1HE ENGLEWOOD MUNICIPAL CODE 19U COUNCD, MEMBER N.UHOLZ MOVED TO APPROVE COUNCD, alLL NO. ll. COUNCD, MIMHR aRADSBAW MOVED, AND IT WAS SECONDED. TO AMEND COUNCD, IILL NO. u. THE LANDSCAPING STANDARDS ORDINANCE av MAKING THE FOLLOWING CHANGES: •. .. •· • 0 , • h&lewood City COIIIICII May 4, 1991 Pqe19 • • • ... 1. A-.. 16-5-2'-D (1) (e). Laa C ,.,.., Ara .... .._...• l'all: PUD4111tridlaa1 c Jl•1n .. lr 11 ... •«eu ulu«•acwllfcwMIIL C1allte,.._. .... •pa• tN t,,efl• 1l1J I mt w AND ADJACENT USU. PUD IMC llfl/ ftlllll.-11 ........ ., .. ,II C C 11¢ Cf• I 7 1l11IIJE I Sllad II _...._TBE DISTIUC'rS PIIEDOMINANT DKVELOl'IRNT USE AND ZY IIEQIJlltEMENTS 11:STAaLISRD IOa SDIIIAll DEVU.OPIIONTS IN SIMILAa ZONE DISTIUCTS. 2. A-.. 16-5-26-D (1) (I). I H1 .,.., Ara .... n e tr .... tN....,... fl a - •• 1 rtlM • l'all: WATD. WASTEWA'na Tll&A'l1DNT AND O'l1IU SDID.Aa IAltCZ-SCAU PIJ9UC FACIUrlU; WIim COlll'UANCE 10 9IS'nlCT ZONE UQ(JlaDIENTS MAY NOT SE FL\SISU oa nAC'l1CAL, AN ALTUNATIVE COMPLIANCE PIAN MAY - SUSMl'ITED. 1 Aanead 16-5-26 r CS>. Caeral .._._.. .. ra,: AZlarapedOFF-STREll'l'PAIIXING-4J .... Ill I __ .... ,..._._,,.. ftlllallar traffic IIIJ-'*anlas• .._..._ •• 5 IIMt II tN City wllicll ....... wlnladar _ .... _._...,...__ 4. A-.. 16-5-2' L (6). ....... Clttlrta • l'all: ................. ....,.. ............................. hlll ....... ,ennltW w1111111•1eetc1••>t1..._ .... ,,.,1, a atma-. v• re.nntll• ••e•« eall: - A,es: c-iS Mcmben Nallllalz, 0... Bradntlaw, HalaidJl, w.....-.Cllpp.Bins Nays: NNc MayOI' Bwm 1111911d *5 INlie~olA,,e .. readiag. ..._ vlM SMill AUomey Broe-...-11111 explained is will come bldl so Couacil . dmcns . City MA YOa SUJUIIS MOVED, AND IT WAS SECONDED, 10 Al'l'llOVE COUNCll. SILL NO. 13 AS AMENDED. A,es: Nays: Council Members Nabbolz. Gama. Bradntlaw, HabeaidJl. Waggoacr, Clapp. Bums None (c) Resolutions and Motions Tberc MR no additioul l'Cllllutions or motions 111bmilled for lppl'CIYII . (Sec A,-11 IICIII 10 • a.. Apela.) 12 . Caeral ......... (a) Mayor's Cboklc . ' • •· • 0 • • 0 • Ea&lewood City Council May4, 1998 Pace20 (i) Mayor Bums said he has no6ccd the g,'C8I ~ change • the El Tepcbuan buildings on Broadway and he opined that is by far the best we have bad. Council agreed. Mayor Bums noted that is really a spectacular change and he would like IO see an awful lot more or that out there . Council Member Nabholz adviaed that they painled Wagner's SWlday. Council Member Habenic:lll ubd if that is part of the EDDA f~ program. Council advised her that it is. (ii) Mayor Bums n:minded everyone that next Monday night is their big pop-up meeting oo CindcRlla City. He noted they have apprecialCld Gary Sears' updates on thal as they have gone along and that they are looking forwanl to it He said he was really hoping they will have something they can get their teeth in and move ahead oa that project. (b) Council Member's Choice -ll(i) ,Council Member Nabholz: I . She Slated she has some lhank you 's tonight. Finl of all, she said. she wanled to !hank Wayne Oakley. She noted they bad a dilficult lime getting a couch picked up, it was not a code enfon:cment issue. II was not a police issue and this business was really having a hard time. Ms . Nabholz said she called Mr. Oakley and ii was not a problem, he bad it picked up . She said she would like to thank Lany Medina for a quick follow-up on some code violations and Mary Ryan-07.burn for having the lots cleaned up by the depot and Jenell Black . Ms . Nabbolz ... led that Mr. Black has worked with her since she was elected about a year ago and Denver Council Member Bill Himmelmann. She advised that she received a letter from Mr. Himmelmann and noted they Md tried to get loUay money for lllcir trail that connects to our lnlil down here on the Plane. She RM the letter: ~Dear Ann, We were succasful, as is evident in the article enclO&ed. Great Outdoors Colorado awarded $41,000 for COlllpletion or the West Harvard Gulch Trail. Thanks so much for your help with the applicatioo." So. she pointed out. c:ooperalive efforts do pay off. It took them a year to work back and forth. bul she applauded Mr. Black. SIie aid she would also like to thank Leigh Ann HoDines for• illvilalion IO the Mdro Mayor's Banquet. • wbicb. she was very proud lo say, three of our kids f'nllll Englewood were bonoftd . .,. 2. She advised that she lltCnded the DRCOG Commillioa with the Aging. One oCthe things they are looking at right -is the lack o( money for Meals OIi Wlleels. SIie advilml llley are pollibly looking at Lottery money. She Aid she 111d • Ulla'Clling officer theR 111111 ..ta GIiiy wilb Ille IIClliors and worts ript out o(the IIClliorc:eater. Ms. Nabbolz llllted •-rally illlpnaad willl dlis guy. be isa big guy and all the IIClliors ~ him . 3. She noted she also n,oeivcd an applicalioa for a ..--e-60II for a amior • --. wllidl a just n,c:eived on the a•. If they need their tu. painted• llley are iaalllc or liave ao faaiiy ...i.s, several o( the employees from Finl Fcdenal Saviap will do dill. 4. ShelllltedshewillbelllcndingtheFOUl1b AWIII ........... Cc 11-..e• Aaw campus oa May I~. II is pul on through DRCOG and Ille C . i e oa -.C Ap1c. (ii) Couacil Mealer Olmllt: I . He ubd what is.-. ill wllere ..... Kills-~ ....... anocberBurJSKillg. In rapoas IO Ma,,or .... ~ ...... a.a ..... • and Saudi Bnedway and ii is.-. .. • ]- Eactewood City Council May4, 1998 Pqell • 0 • 2 . He ukcd if there is any word on the building where Melody Music used to be, downtown. He said he wonderal if there was any word on some leasing activity . City Manager Sears advised they will follow up on that 3 . He stated he had a personal observation, that the rctrcal they had a little over a week ago, for him, was a disappointment Council Member Gama advised that he came in with certain expectations for what he was thinking that forum was to be, which was ... here arc IIOIIIC brief goals from the different depanmms and then the Council sort of saying well we may want to reallocate things coming into the next year's budget. because it is sort of a budget goals mcding. Apin, Mr. Gama aid, this is a pcnonal imprasion. .. bu1 they prclCllled kMlo lists and ..... rq10111. He staled thal when he tbinb or goa1s, be thinks, thelc arc the three things I want to fOQII on next year or bow I want to do things a little bit differmly, 10 Council could bear that and they could make budget dec:isiool thal they think it is a worthwbile goal or not. For example, he llid, a lot or citi1.C111 arc wry cooccmcd with Belleview Park and a lot or our pallt sy11e1111 may be ll)ing down and maybe now that we have 101DC extra funds that arc coming back from 10111C or your rcsto1ation ideas ... is that we think about ickas on bow to gel our pa,ts system back up. But, he noted, they did not have time to discuss those sorts of things and that was what he was expecting. He said that maybe his expcdations were wrong. which is fair, but when he thinks of Council budget pis be was thinking they were going to have input inlo that proc:as. So that, he said, was bis personal observation, is thal if they were having a session like that be would like it to be called "give you a status from the deplrtmenll." He notCllt that when he !hims about goals and what he is Rquircd to do in bis job, is that he thinks about the two or three things he really wants to focus on to improve ... tbal he still has to do his job everyday ... but what he wants to do next year. That, he said, was his impRssion of the retreat City Manager Sears advised thal be apprcciacd the feedback . Mayor Bums QOIIIIIICnled that al die Clld of may of tllulc plllClllllioos dlcy were the goals from last year and those were in the form of goals. So, he aid, he could ICC why there would be some sort of confusion about that . Council Member Bradlhaw llaled thal llhc allO lhougbt they would be formulating goals. (iii) Council Member Bnldlbaw asked bow Good Neighbor Days went. She said llhc would like an ...-O-Oood Neigbbor Day&. Mayor Bums said be would like to COllllllClll on that He said he docsn 't know whether Gary Sears has invellipled the ~ or the Ind ordumlcc on the change on Union, but he did gel another call from Mr. Dmlic:lo. He IIOled he talied to him and he said they were looking al l'CIIOring the funds that they rcmcMld from Good Neigbbor Days and he didn't ay that they would .-rily do it all. but he did inquire as to bow the enforcement is being conducted on West Union . Whclbcr the vehicles thal may be in violalion. initially. were being cited inuncdiately, or jull warned for awhile to inform them or what the new rcgulalioo is . City Maager Scan advised that he bas asked Ovis Ol11>11 to give him m updated letler so that they could tmd 11111 off to Mr. Dmlico. but be hasn 't nx:cived thal yd. Mayor Bums adviacd that he told him that he couldn't do any quick quid pro quo obviously on -.elbiDg like 11111. Bui the illlpl'Cllion be.,. from him -thal there -• Oasll or ..... inilially, from the QOIIIPUY. ad Mayor Bums thought it migbl have bocn his, thal resulted in the IClioa thal was liken. And, lie ...S. Mr. Cunico also COIIUIICIIICldon the rauiclion or7 ,000 pouadlemply wciglll ... and reminded WIMClf tlllt it -emp1y wciglll ... and diey AR clclcnniniDg 1h11 dlis is aal thal big ora problem for them after all . So, be CXIIIUIICIUd. it is IIOl III OIICIOUS rauiclion. So he said, lie lllillks thal ODOler beads pm'811cid and they have thought it all over and said well I s-a it is DOI aU 11111 bad after all . So, Mayor ..... .. •· • 0 ' E•&lewood City Council May 4, 1998 Pace 22 • • • Bums aid, they arc coming around and he did call in rcspcllllC to his Idler 111d he !bought they were going to wort this out. Council Member Bradshaw asked bow the Good Neigbbor days wmt. Neigllborhoocl and Enviroamcnt Technician Langoo advised they bad 142 participanll, some extmnely full loads, -that came in the back of can. Sheacknowledged that 142-low, but it ilagerieral first number and the first week is the ligbtclt. She said she was sure it will pick up the next two weeks, if the Mather holds, the Commission will rally get busy . Ms. Langon c:ommcntcd that she bas to say thal Waste Maagement was extremely cordial to the Commission and more than helpful and mpplied a lot of the mpplies and were most helpful and they rally kept things moving. With the additioa thal weat tbnlup ... year, they bad more bays and things wen& "¥CfY IIIIOO(b)y . She noted they Mrc a liale bit backed up two times, about 11 :30 and about I :30, wm it was ptting clolc to the aid. But oa the whole it went cxtrcmely wdl and she anticipates we will ltill c:omc dole to the 600. (iv) Council Member Wagoner: I . He said that in the Englewood newspaper he read the article on pa,b and he was kind of surprised to ICC that the ~ 's Part theme was bugs. Council Member Bradshaw CIOIIIIIIClllcd that she thought it was mushrooms. No, Council Member Wagoner aid, it wasn't either oae, it wu nawrc theme . He stated that pan of it had to do with bugs, pa1t or it bad to do with llllkcs. smt of it bad to do with mushrooms, palt or it bad to do with aecd pods. l*l or it bad to do with turtles ... but it waal't bugs, it was a nature theme. And, he advised. there was not a devclopcr inwlvcd in the Hoanu Part or Hosanna complex at all. It was bdween the IChools and the City and a lot or IICIIJlillUOIIS went on . He noted we may have had a devdopcr build it by bid, but it WIS not a devdopcr thal lad IO pia thal in. Not the part complex ... it was the City in IICIIJlillioa with the IChools, 111d IClllg ae,atialion. 10 get it appnMld. And with Uttian Dllli-,c ad Flood Coalnll, Cowx:il Member Bl'alllllaw lllid. Coaac:il Melllber Wagoner agreed. He aid .. all tllM dill -to clo w lO me die pal alf tlle ..,.... ... ., .. the overflow c:ould go OIi down the ditdl ... tllc CM:lflow would go into lbua Part ail WC c:ould drain it away . Ms . Biadlbaw said tbat was riglll. 2. He opillcd tbat dley do lleell lO ta1lc a look al -R-1-A lmiJll ..a decide MIii is Finl to bappm with pOllp homm ..a -of this OIiier llldl'. Council Member W.,..cr IIIICd wc do .-S to get an __. from -Atlomcy Gcllcral, • ftlPOIIIC that ays why tlley alloMd a poup home to go ., clolc to another...,--. IWlwa they 1-tllc cldinition in the State SUlutes thal says it bas to be so much distance 11*1 from another home . 3. He said since wc arc aearing up on code cnfon::cmcnt. that they noticed a home the otla clay al the IOUlhwc:ll COl'IICI' of Pamylvuia and Floyd. He llalcd ii looks jull lib they just walk out the back door and throw their trash bags right out OIi the yard. There is all kinds or lluff piled up there . (v) Council Member Habcnichl : I . She asked if they should have IDll1Clhing u IUODg u a motion for Council Member Wagoner's suggestion thal WC get a rcspcllllC from the Attorney Gcncral . She advised she would lib to ICC thal U not jull one Council member 's choic:c. but a full Council ~ and she~ ., move . City Anomcy Brotzman advised they will actually be .... thal or·-....... ---• the Atlomcy Ocncral 's offia: informed us ... timc ... they do DOC wort for 111, they work for tllc legillllors..a dley won 't respond to us . Well then we write to all of them, Council Member Bradaw said. • . .. .., •· • C , Ea&tewood City Couacll May4, 1991 Pqell • 0 • City Attorney Brotzmu advised that Tom Blickensderfcr actually said aa. lime that he would try and get us an IIIIS'WCI' oo this. Council Member Habenichl llated she would like IO sugest dill we pursue this as a Council. Through all of our repl'CIClltatives, Council Member Nabholz said. Mayor Bums said that he lhougbt that was certainly Council's CODICDP!I, IO do that and that was the mswcr we ID( the ... lime. So, Council Member Habenicht said, we don't nccd a molion, we jusl i.ve a strong oonsensus . 2. She adviml that the Cultural Arts Commillioa is meeting toaNTOW night, tllll they ..oy meet on Wednealay nigta. Sbc ltaled they are hiving a special .,._...._ by Alic:c Lee Main, who -the per.-who c:amc to the Pam and Recrealion Commiaion and talbd a litde bit lboul Culbnl Arts and how it MIits within a community. Council Member Habeaic:111 explaiDed dial it -thnlup her ... If ion dial the ..... and ReaalioD C..miaian ,..,........., • Cultunl Arts OJnunjgic,p in the City of~-So it llhoulcl be a fun meeting and she aid she was looking forward IO ii. 3. She Slalcd that she waMCd lo take this opponunity IO CODgnllullle Lauri Oapp for gdting on the balkll for Slllc npaentativc. She noted that is IIOl m easy thing IO do. 4 . She aid she Wllnled to say how much ii ~ her 1-1 IO lltmd the MMCV A Mmo Banquet. She noccd she was aware Mayor Bums had wanted to lltmd. Ms. Hallmicbt noted it was bcanwarming and wonderful and exciting to sec the three ranaibblc young people that WCR there n:praiCllling Arapahoe County, who were from Englewood schools and Englewood ~-She said she would like IO ask Council IO support her a little bil, just lo say she is on the righl Ila ... bul she would like IO find out. maybe from An Scibclli, one or two b11si in die comamity dial miglll be wiUing IO provide 101DC son of llllall scbolanbip awud to dlCle y-, people. Ms. Habeaiclll DOied dill dlCle are pniblbly the people ~who molt ncod -kind of a:llollnllip or fillacill aaillace ad -.lly they are not the type of kids that pt inlO the loop. Sbc aid a would like to punue dill a lialc: bit Qiuacil Mcmller Bllldaw med if c-:il Member Habclliclll _. a lCbolanliip for colleF . Ms. Habenicbl aid ya. Ms. BlaMaw poilllCld OUI tllal there are billioM of dollan tllllt are DOI claillled and dull is awi1ablc on die ...._. ad if we CClllld facili&IIIC dial ... aa)ile Haak Long Clllllld lilcililalc dial for them or IOllledling like dial. Bui. sllc ...._dlcrc are-,,.-,,. -r ICbolanhips dull IO •!Dc:laimed . Ms . Habcnichl agrccd •aayt,e we can ..... What happens, Council Mcmller Habenicht said, is that IO many limes tbelc kids just don't have the opportunity or the mppon or the meatonbip IO III in and pt thae things. Anyway, she ltaled, she: thinks they desen'c some extra special auCMlon. Council Member Nabbolz staled 1h11 she: mppons that idea, that maybe we nccd IO inform our IM!lintSR:S through the media or lllllldhing ebe. tbat we mve tbelc kids and if they are willing IO suppon them. Sbc agreed tllll. for molt of them, the only accea they would mve IO the lntcrnd is here at cu-own Public Library. Council Member Habenichl a,nunenled that their stories -rcmakable. Mayor Bums Slated he would join in with that. As ii lllnll OUI, he said, he -out of town, bul he -at the two prmous meetinp. the one the~ c-i...-liad, too , and this really is a ll'Ollderful propml. He Slated the kids and the .... they talllod with bid -really illlpiring IIOrics ad lie really , full y supported Qiuncil Manbcr Habenic:111 iD dill repnl ,. Council Member Habcnichl said ii Im ClOIIIC IO her aacmion dill there is this t.lallic ma1k projca that bas bcen 9dlilll a lot of lltmlion in the mdro area. k Im alto ClOIIIC to her lllallion lbat one of •. •· • 0 Ea&lewood City Couacll May4, 1991 Pqe24 • 0 • the people who bas a ma* in that pl'C!jcct. which she undcnlands is raising funds for Holpic,c of Colorado, is our own Mayor Bums. She said she undcrli1allds thal 1hese are for purcllllle. COUNCIL MEMBER RAIII.NICBT MOVED, AND IT WAS SECONDED, THAT TRI. CITY OF ENGLEWOOD PllllCBASE TRI. MASK THAT WAS DONE SY MAYOR TOM BURNS AND THAT WE DISPLAY rr IN COUNCIL CHAMBERS JOR AWHILE AND THEN DONATE IT TO OUR HISTORICAL MUSI.UM AND TO AU11101UZE UP TO S180 TO PURCHASE TBA T MASK. Mayor Bums noced he doesn't know whether it ri1e1 to that leYel or not. He Slated tba'e are lOIIIC wonderful -*5 that bftc been dolle by cdcbritics and all kinds of people and his probably doesn't rise to that leYel, but this is a aioe FDR- Council Member Habenicht IIIICd they appreciate that he did that -she dlougbt this would be • nice thing todo. Motion carried. Ayes : Council McmbcB Nabholz, Gam:tt. Bnidshaw, Habcnicbl, Waggoner, Clapp, Bums Nays: None Mayor Bums thanked Council Member Habenicht. ••••• Mayor Bums said he thougbt they had mentioned before that he was going to be giving a praentalion on Wednesday moming to the Soulh Mdlo Cliambcr Economic Dcvdopment group on transporUlion issues, cspecially the IOUlbwest corridor. He noced that this morning he spoke to a group out • the Tech Ccata • the rcqUCII of an llltOnlcy friend of bis. One of the members there is a --,er of a Rotaly Club that IIIClds in that ara and asked him to come by and speak. She said they had 1-.1 die other side of the question about the IOUlhMsl corridor and slle would like for him to come and talk about our version of wbal blppaled thcR acl why we ba\'C been successful . So, he aid, we arc SCUing a lol of attc:otion, people arc very, very inlereslcd in nil we arc doing willl Cinderella City and the southwest corridor. He noced he spoke seoerally ca Cindadla a..llul aim 6e ligllt rail is a big issue with 1hese folks . He said he is happy to be getting die word out as to what we ba\'C gone through to ~ this sua:ess and be is hoping they will a,ntinue to do that. If any of Council has the opportunity to do that, he would encowagc them to speak to groups and whMcver about our experience here. 13 . City M ...... 1 llqlert (a) Rcprding Air Life, City Manager Scars said he didn't know if Council would like us to come together with IOfflC lltcmllivcs, in rcprd to participation in the Memorial Par\, or how Council would like to ~ that issue. Council Member Habcnicbl said thank you, that since it is her undcrmndiag that it is propcny owned by South Subwban ... and she didn't hear that South Suburban hid supported it in any way ... that it ICIC8IS to her that water refunds arc availlblc to South Subwtlan. as well as they uc to us . And. she lllid, she knows the City of Englewood. for die memorial for die airplane pat, where we bn,ught iu the people from Lockheed Martin and all of the work they did. thM thM was a ...,aacui. acl wonderful event. And thal was very meaningful to diem, the commcmoralion dlcR. But she lhoupl that pcrllapl they should encourage South Suburbul to utililic their oplion to go to lhc water lduads ad to gc1 10111C money to suppon that program . Pcrtlap5, she aid. we could IClld them a lcacr of support of that. --~-· • • 0 ]- - • Eqleweod Chy C•acll May4,1"8 Paae25 ·, <. • • • ... Aho, Mayor Bumi said, he tbougbt it would be IOoci IO have DIIC oplioas IO be praeated IO Council . He mled dlll it -a llagic inc:idcnl and even dloup it -'t in -City, it -wry cloae. This lelVice, he noted, obviously services Eaglewood on almllll a daily basis and it is wry imponanl IO -COIIIIIUlity. City Ma-,er Sean iadic:aled tbey can pull lhll lOIC(her. 14. City Atfaney'• ..... (a) City Atlonlcy BratzmlD requared ar:alcmeal llllbority for the Gesin c:aae, whicb would ealail paing a lieenle, and camiag blct to Council with• onlinMce for a piece~ property 1h11 is about two foot lqllll'C for a poll for the Gesin'1 boUlc. 1M, Mayar a.-said, then: will be DO CIICftlKluDeat OIi the ripl4-way by the ~. Qty Atlonlcy 81W llid dlll-comct. Mayar Bani me C 1 dlll Ibis cw ......... die W*6 and Sc.a- 8-d Clfiaially 111d lie.._... it w a+P+iale dill dlae be -ar:at a oe dais w al Ibis -like I plOd CXllllpl'Olllil. c-il Meallel' .... _ .... if dlae will be • --. amide ~tlle pcllll. City Atsoraey ~ llid DO ad aplliaad dill tlle poll is OIi die wry odF 1011111 will tac CMi ~ everytbiDg OIi .... COUJIICO. MDIRlt allADSIIAW MOVED, AND IT WAS SECONDED. TO ACCEPT TIO Srrn.DBNT ON THE GESIN CASE. A)'CI : Council Members Nabholz, o.rca, B11111111aw, Habenic:111, .w...--. Clapp, Burm Nays: None 15 . ~ DaNS 110\IED 10 AIUOUaN. Tlle--. ...... s 9:21 p.a. • I .. • • 0 ]- .. • -. ,, • • • .. . . ' •. ,; • • 0 • • - - • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7 :30 P .M . 1. Call to order. fl :Jf; ~ 2. Invocation . f}J.)}i.~ Pledge of Allegiance. ~ 3. 4 . 5. 6 . 7 . 8 . RollCall. r/~ Minutes . a. Minutes from the Regular City Council meeting of April 20, 1998. ~ Scheduled Visitors. (Please limit your.presentation to ten minutes.~ a. Michael Cooke, Douglas County Commissioner and Denver Regional Council of Govemments Board Member, will present the City of Englewood with the 1998 Local Govemment Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways, will be present to share information on their West C1!9nango facility. c . Michael Greene and other representatives of the Airlife Memorial Park Committee will be present to address Council regarding plans for the Airlife Memorial Park in Littleton . Nnn-Sr.heduled Visitors . (Ple'ase limit vour oresentation to five minutes.) •> Carol Belt d) Lon Velaaquez g) Jan Kerzlc b) Carolyn fullon e) Tin W... IMol ... _ ec11111111e111 v1e11ars ......_ ..... 11am 111.J c) David Velaaquez f) Rick Ga Communications, Proclamations, and Appointments. ~o Letter from Mike Dilatush indicating his resignation from the Clean , Green and Proud Commission .I)~ b . ~'1-0 A proclamation declaring the week of May 17-23, 1998 as Emergency Medical Services Week .~ •. .. ,, • • 0 , ,, Englewood City Council Agenda May 4, 1998 Page2 9 . Public Hearing. a. ' • ,, _ 0 t• • ,( A public hearing to gather citizen input on a proposed bill for an ordinance_'"1ending Industrial Zone Districts -e.,,+/.._y sr;?..,t;tJ,SS U-M-1'/!/J~ f)IJl?lS,) ~'11:';. ~L- ~ 1-0 l)JW_JiJ.,ij)~~~j ~ 10. Consent Agenda. . fl --- Ct.A-f, l..fiMOOE-tJ IO tL ,.,-,y-1 i/ ftNa tfle... {!,,1',J~, ~A a . Approval of Ordinances on First Reading. 1111 j._ ,., ., i. Recommendation from the Department of Financial Services to approve a bill ~ ~ t1b£Jli'J. O for an ordinance adopting the Firefighters Pension Plan Docume~lST~~ _ vTr"' -SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. I!/~ ii. Recommendation from the Department of Financial Services to adopt a bill for (}, [5/ J.i> an ordinance implementing changes to supplemental benefits for Englewood's Firefighters. STAFF SOURCE: Frank Gryglewlcz, Director of Financial I) n d,?, ~1?=-ondation from !he Oepartmeat of Fm~ SeNioes lo adopt a bi~ C-l)'P ,"):J an ordinance implementing changes to supplemental benefits for Englewood's Police Officers. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. appJ'l-o b . . ~,~ n.J.#-;z,9 ii . fr'u1 i 2o iii. Council Bill 21 , approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad . Council Bill 20, approving Southgate Supplement #137. c. Resolutions and Motions. lJ/fbl()LZ. ~OO!E-IJ /O!t fflA rt{/!. et)~ lrl,~A II, . ,,JL i. Recommendation from the Department of Financial Services to adopt a ~<53 resolution casting the City of Englewood's vote as employer regarding Fire & (J>olice Pension Association (FPPA) proposed amendm9J!tS . ,STAFF SOURCE: Frank Gryglewlcz,~I of Flnanc~l ~Ices. @IHAw.J/' 11MJJ'l-O ~ ~ IOfl _;i . .111 ,riv 7 r v · 11 . Recommendation the artmem of.f'ublic Works to approve , by motion , the purchase of two bucket trucks. Staff recommends awarding the bid to Teague Equipment Company , the lowest bidder through the State of Colorado bid process, for a total amount of $94,546 .00. STAFF SOURCE: Charles Esterly, Director of Public Works. iii. Recommendation from the Department of Public Works to approve , by motion , the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder. Transwest Trucks, Inc ., in the amount of $40,314.00. STAFF SOURCE: Charles Esterly, DINCtor of Public Works. P ..... nota: If you haw a dlNblllly and !INCi auxlllary aids or wvlcN, plaeN nodfy the City ol !liglawood (782-2405) at INat 41 hour9 In advance ol when NMCN .. IINdad. Thanll you. • . .. •· t • • 0 - .Englewood City Council Agenda May 4, 1998 Page 3 iv . Recommendation from the Utilities Department to approve , by motion , the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks , Inc., in the amount of $40 ,314 .00. STAFF SOURCE: Stewart Fonda, Director of Utllltles. 11 . Regular Agenda . 12 . 13 . 14 . a . b. Appr~f Ordinances on First Reading . Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards.~ C. Reso% and Motions . General Discussion . a . Mayor's Choice . b . Council Members' Choice . >'5#-~a) City Manager's Report . a . Englewood Center Update . City Attorney's Report . a . Gesin Court Settlement. 7 $E.£6Wt.U COUNCL MEMaER NA8HOLZ MOVED TO APPROVE COUNCL al. NO. u. APP'D 7-4 COUNCL .._. alAIIUtAW MOVED, AND IT WU IECCINDeD, TO .__,COUNCL al. NO. U, THE LANDICAPING OlalNANCE IIY llllmlG THE FOU.OWING CHAWS: 1. ._.. ~1111et-un&l1 ... AINR .. I a:-IDreal: P'UDta*ldl&t•• c .. , .. ~--Ila 111111 lie .......... a~- _ ....... CDIIB&I ................... tolll8t,paofcleullop11&ilUN AND ADJACENT USP. P'UD IMdacape ...._...._ 111111 lie gilldN by ,, .... 1111 11 OF t1ll ... 1llllll1r~1 1ll11a1Rlslll.....,_, ........ THE INSTRICn l'REDOIMANT DeVELOPMaT USE AND IIY ~ UTMUSNl!D FOR MILAR DeVELOPMENTS IN MILAR ZONE IIISTIIICTS. I. AIMIIII ~111 Cfl. ~ ........... l&Ul,wttlltlle ...._ol•-••11ct._lD .... : WA181, WASTeWATBI TIIU,-_,. AND OTHER MILAR LAIIGE- ICALI! ...UC FACIUTIU; -co.LIANCE TO INSTRICT ZONE MQl!l'melTS IIAYNOT •~OR PIIACTICAL, AN AL1BNA'IM CCJalll lAM:E PLAN IIAY • WTTED. I. .._..11411FIIJ.._..P I I 1 ID.....a: Mlanlluc ... OFF.aTRIETPANm!G-4 IID 1lll1 ll1r-• ...... ,....._..._.......,.nae..,_..._..._ • ...., ....__...... ..... Cllywlllctl,,....wlllc1llar-lD&ld -H:clllllllPOII .... _ 4. ....... 11411 L Cl). ...... Crlllria to INII: Adjo~;,2./~ .......................................... ._.,...._ .... ........... -................ _ .... 111, ................... I 1 Sl&n ... L The following minutes were transmitted to City Council between 4/17/98-4/30/98 : • Englewood Planning and Zoning Commission meeting of March 17, 1998 • Englewood Firefighters Pension Board Special Meeting of January 21 , 1998 • Englewood Firef ighters Pension Board meeting of January 8 , 1998 • Englewood Clean , Green and Proud Commission meeting of March 10, 1998 • Englewood Police Pension Board meeting of January 8 , 1998 • Englewood Pol ice Pension Board Informational Meeting of January 15 , 1998 • Englewood Non -Emergency Pension Board meeting of January 13, 1998 • Englewood Public Library Board meeting of March 10, 1998 /;_{(y) APP'D 7-4 HMENICNT MOVED ntAT THE CITY OF IENGLeWOOD PUIICNUe THE 11A1K ntAT WU DONE IY WAND DIIPLAY IT IN COUNCL C'H,S IS FOR AWHLE AND THEN DONATE IT TO OUR •TOIIICAL .._Ult, TO AUTHORIZE ... TO a1N TO PUPCtlME ntAT IIIIMK. (TIie_. _...._.by ..... ..._ IDrtlie ...,ID ,.. ............. olColar&lol APP'D 7-4 aADaHAW MOVED TO AiCCD'T THE leTTL.EIBIT ON THE GUIN CASE PleaN note: If you have • dlublllly and nNd auxiliary aide or wvlcN. pluN notify Iha City of Englawood (762-2405) at INst 41 hours In advance of when aervlcn .. IINdad. Thank you . ...... - • • 0 - \ • • • • <. PUBLIC COMMENT ROSTER AGENDA ITEII 7 NON-SCHEDULED VISITORS DATE: MAY 4, 1111 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUaJC COMMENT ROSTER, STATING NAME. ADDRESS, AND TOPIC OF COMMENT. ' ' . ~:; f.-h\··*rx-, ... :::· .., ~ ·t ...., ,~, < :'(.',, , , »~ "'1" , , ... , .:; ....,...... x-,..:"1tm· ·,~ ~t~ , ,, , ,. ' {b, "" . . ' . PLEASE PRINT NAME • I .. • • 0 • "' - • I t •. • ·, • '· NAME AQPRESS TOPIC .. • • 0 - - • • • • '· CITY OF ENGLEWOOD FUil.iC HEARING ROSTER IIAY4, 1111 AGENDA ITEM NO. 9 a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT NAIIE ADDRESS • . , .. ., • • 0 I • . ' - .. &N~OOD crrY COUNCIL l:NGUWOOD. MAPAIIO& COUNTY, COLOllADO ......... Anll.. .. 1'. I . Cal•Or*r ne sepllr imdiDI adle Eapewood City ec-:ii -called.., an1er by Mayor Burm at 7:47 p.m. All Coa:il memben wen: pmemt. Mayor .... explaiDed to die alienm dlll diae Wal ........ widl die .... sylfaD, wbicb ~ '* _.. mimlla to rqiair. COUNCIL IIDDD N.u&OLZ IIOVD. AND ff WAS acoNHD. TO MDT IN l:DCDTIY& SUSION TO DISCUSS A RIISOIIIJIISL IL\fl'D AND A IIL\L ISTATE MATID. ••••• Mayor e.m ,CCXIIMDCIII die mmiag at 1: 10 p.m. 2. Ilic er ne iMclaDaa,.. .-by Caacil ..... NIIIIIDlz. 3. fWae 4 Alepw:e 'l1le PledF a AJleaiamle WM led by Mayor a... , 4. ...Cal Pn:leDt: Couacil Meillllal Nlllllalz. Clapp. Garnill, lkadlllaw, lllbeiliclll. w....-..... Allleal: None A ..... -..-. 5. AIID..-: City ....... S.. City,..,..., an.- Dlpaly City Clerk Cade HJel t rbonf ad i!avi.-Tcaaiicia Lapa "' - •· • 0 , - • • Englewood City Council April 20, 1998 Pagc2 • 0 - (a) COUNCU.. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TIii: MINUTES or THE REGULAR MEETING o, APRIL 6, 1998. Ayes: Council Members Nabbolz, Garrett. Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays : None The motion carried. 6 . Sdleduled Viliton (a) Sludents and advisors from the Sbcridln A VS Building Trades program discussed a project they are undertaking in Englewood. SUM: Kinchfathcr, the Comprehensive Building Trades llllbuctor for the Ara Vocatioaal School and Anlplboe Communi1y College. encourapd Council's aJlllinued support of Project BUll.D. As an UllllUCIOr in the building trades. Mr. Kinchfathcr said he tries to aee wbal SIUdents can do with their hands. Everyone bas a home that nmls some kind of repair. or MDII to mow: inlO I new home that is built with caR and craftsmanship. he said. We aee this happening less and less. he said. but we would like to aee it happening more and more. and that is why we encourage SIUdents to go through formal cducalion and take pride in their wort and then go out and fill the work fon:c with the skills they have learned through this program . In the past. he SlalCd. we have built a home in a aJllllllWlily, which the SIUdents can be proud of and see a,mpleted from stan to finish. performing about ninely perc:cot of the trades themselves. The only alll is the tool belt. which the students are issued . This year. the venture was taken on by Englewood and Project BUll.D. he advised, al m West. Oxford Avenue . Mr. Kindsfatber told Council that he hopes they can attend the open house when it is completed. He acknowledged that this year's house is a very expensive one and the Ci1y bas gone above and beyond in doing land improvements, burying some overhead powel" lines. imWling retaining walls and other extra improwements that would not normally oa:ur. He expressed bis apprccialion for Council's suppon of this project. adding that it is I win-win sibllllioa. In doling, he llkcd again for Council 's continued support of Project BUll.D and the Ara Vocalioaal School . FOl'l'ell Davis. l.llllnlctor of Industrial Technology at Sberidan High School. distributed plans to Counc:il so they could 111C whll tbe lllldr:nts at Sbcridan arc doiag. He aid they arc examples of boUlle plans tbal the group IUbmiaed 10 tbe Ci1y, including oac fiml Gilla1 Hook. wbo -p1aea1 this evening. Mr . Davis aid lie -W like 10 lllare what is going OIi at Slleridllll High School . The Sberidan lndultrial Tcdllloiogy desmtw w die fim to QOIIIC up witb paapons. be advilcd. wbicb is almOlt like having a degree in bigb ICbool . The lllldr:nts are no lonacr p,iac 10 rca:ive jail I diploma. but will be able to IIIClt I ~ ... witll dial to iadicatc an emphasis in I palicular -of illla'Ca For eumple. be coatiaued in Uldllllrial leelulology, 11-an: three-tbeytu ID inlo. lpCICifically drafting. for civil ~ ea:ltenical lllld arcllitectural design. woodwomllg. wbicb aim ps inlo Clbindry wort. 111d pR<Dgi~ag. be aid. In explaining how this rdales to the A VS wiatioe with the Ci1y , Mr. Davis IIIICd dial lie lllld Mr. Kiedsfathcr are two of the few tcacbers wtlmc llalldalds really do not macr. The ,-for this II dial dicir IIUdeaU have to meet the Cily 's requireaellls Md oodr:s.111 it doaa't maaa whll llis ...... arc. baa. the SlUdents ullimlldy have 10 IIICICI tbe framing code. 111d they have to -die ........ aides when drawing up the hoUle plaa For the lall -. yan. be aid. the arcllilllClllnl dClip lbldellll have been desiping '-11111 pving p1 atims in the lllfflll. They have 10 .. oa a lllit ud tie ud make their pl MMims 10 I pud 11111 ldl their desip IO dial cily. For the ... lWO years. be advilcd. it has been in Lialelaa 11111 they have naiwd aalional ra:opition for their -. COIIIINCUOD. AIIII, for tbe ... two years. Mr. Davis aid bis advanced llUdeals in Clbindry have been making Clbillcu. 11111 this ~ the Clbincll will be for the bola dial i1 being built -· We have railed our llllllllnll. be oommenfed III thae kids cu meet the cballenp of whll will be expected of them. Not only do they kaow wllll the cballenp are, be wrted. but allo tlley have been liviq it lilr the lall nine moathl. The boaom line. be said. is that this program i1 difl"ermt tban aay Olber in the 1111e, becaUle ii is the llUdenCI who design the ~ plan. the IIUdenll who build the hoUle 11111 the lllldr:nts • I· • 0 - • • Englewood City Council April 20, 1998 Page3 • .,, - 0 • who are building the cabinets, so it is student owned. If you don't think there is pride built into that house, be challenged. you should come and cbeck it out oa May 20• at the open house. Mr. Davis asked Council to continue with this partnership, which is a win-win situation, because some of these students may be getting jobs here in Englewood or may even be establishing their own businesses here. Mayor Bums recalled the first A VS hoUles that were_. built, under the auspices of the Housing Authority, yean ago. He said there were two of'tbem right next to each other, and they were very -11 done. He felt this has been a very good program and tbal they should be very proud of themselves for what they have accomplished. 'The program has goUal beaa and bc:Uer, with all the student involvement, be said, and asked for a round of applaule for the great jab they are doing. Council Member Nabbolz commented tbal they toured tbal bouse in March through the Leadership Englewood class, and tbat sbc wu very i.mprcued. She added that sbc wu very saddened to see how much vandalism had taken place. Mr. IGndsfaaber said that was another cost the City has incumd. which be does DOI feel will be typical . We have a lot picked out and a house designed for next year's project, he said. 'The amount the City is imesling in the students tricldes down. where parents see the students come home and start fixing things around the house, and so the trickle down dl'ect is why -are here. he said. These students are here this evening because it is a program they have leamed from and they believe in. Council Member Habenicht asked the students to inllOducc themselves. Gilben Hook stated he had been in the program twice. having panicipared in his sophomore year and now this year. He said be will work on the bouse being built next year. also. Rnbert Ricardo said that he has been in the architecture class for two yean and in the building trades class for two years. Josh Swindle said this is his second year. having been enrolled la5l year as -11. (b) Mayor Bums advised tbat Arapahoe County Commissioner, and DRCOO Board Member. PoUy Page was originally scbeduled to praem the City with the 1998 lnnovational Award for its Summer Youth Outreach Program. Since Ms . Page w busy , Douglas County Commissioner Michad Cooke was praent eulier this IMDing to mike the pn:IClllalion. but she could DOI Slay . She will rffilm on a lalcr dale to llllkc the praeatalion. (c) RcpraenulMs from the Department of' Administrative Seivices disc:usscd their award- winning Career Devdopmenl Plan and Living Wdl Program . Administtative Services was ra:ently 1-ed with the 1991 If..-R-.n:a Bat Pnctica Awafd by the Mountain Stales Employers Council. Direclor Kcnbisaik said it WU a plcalure to be able to share with Council the two awards that were rcceady rcceiwd by the City of' Englewood. Annually. for about the last three or four years. MoualaiD Slala ha& ipllllll)ftld a H-~ Bal Practices coatal. Tbeir goal, be aid, is 10 solicit, share and n,copize dl'ectM hUlun raoun::a pn,jec:11 and ~ -S their 1.IOO members. Included in the mcmbenbip are public and private c:alilia of' all siza. be advilcd. AdminilUalive Servm lllbmined applicalicm for two of' its prograa. with a mm-,, of' the ~-For each propam. the ~ prablcm or oppo,1Wlity w iclealifted. the bwmD raaurma program Cl'Clled to addras the prablcm or oppo,1Wlity was llalal. and. laldy, proof' oe--lllllmiaed Mr. Kcnbisaik said this included bath qualitalive and quaatitalive dala in term1 of' clelcrillul& bow the prablcm w IOlwd. 1-the finucial performance of' the orpniZIDM! w impnMd. ..a bow aw 1CMC1C, bath inlcmal and external. was increued. 'The applicaliom were judpd by eight humaD raaurma pt+ f 1 ·-is. be coali nued. wbo-lele+:led fnlm tllc membusbipof'the arpniDCion . He said be w YC1Y pl-1 to inform Council that the Living Well Program. wbicll is an illlegl'lled Ml'-program. took ftnt place in this aJIMll. and tllc Career Dffl:1' J I I Plan took ealftd place. In addition to the awuds thamdves. and the recognition at the Bea Practices Conference, bdd on April 2 ... the City • .. I · • C ' - • Englewood City Council April 20, 1998 Page4 • 0 - l'CCl:Mld S 1,500.00 towards the Mountain Stales tnini.ng and seminars. One of the baa forms of rec:opitioo came when the third place winner, from privalc induslly, tblnlled the City for DOI submiaing three program1. be Slid. As~ of'the City, Adminisualiw: Services acccpled lbele awards. but the real Cftldit goes to our employees. be alloMd, bec:allle the only way wc cu realize success is through their aa:epwice of the programs, and WC have excq,lional pmticipalioll in both. He then introduced Manager of Risk Caudill, who spoke about the Living Well Program. and Human Rcaxin:es Adminislnlor Meadows, who spoke about the Career Dewlopmeot Program. ,,. - Ms. Caudill told Council tbal Living Well is a bcalth promotion propam for the employees of'the City of Englcwood. and it allo integrates wellness and safety. One of the -wc think our program is so sua:eaful, she said, is bec:aus WC look ll the big piclun: wbcn WC desip our programs. M ~ to looking ll only 011C piece of the puzzle. We idmif'y ~ prublcms and opponunities. she said. such as reducing abacntceism and CODlaining bcalth care IDd Worker's ~ COIIS. We also wanted to become attractM to the fully insured mubt for our PPO and HMO bcallh umuuce programs. By 1992, wc began fine tuning our illlegraled approach to health and safely programs. she explained. Living Well is the umbrella for all of our programs, IDd wc bave enjoyed high utilmlion by all of our employees. Our employees are now DIOR aware of the poli~ conaqueaa:s of the healthy and safe lifestyle choices they make, she Slid. Ms. Caudill told Council lhlll the brocbun: Director Kersbisnik pallCld out to them contains the CORI program for Living Well. which is CODllalllly changing to meet current demands. In Slating the poli~ raults of the program. Ms. Caudill said that. in the area of .,.....,,.;PD between 1992 and 1996, there has been a 25% reduction in sick leave uagc for non-Commit To Be Fit participants, and during tbal same period of time, there -a 32% reduction in sick leave for the Commit To Be Fit panicipmdS. Commit To Be Fit is one of the Living Well programs. she e,cpl•ined and in general, WC have fOUDd tbal Commit To Be Fit participmdS are awnging approxinlllely 47% lell sick leave usage than tbOle who are not in the program . In the aJQ of health insurance. she continued, WC have been able IO awid approxinlllely $3,955,000.00. Between 1989 and 1996, the -,age Dllionll bcalth c:are tJald -running ll about 16 .8%, while the same tJald for the City of Englewood -5.48"e. By being so far below the nationll bmds for health c:are <XlllS. wc were able to avoid S2 .8 million in expenses. she swecL We allo became wry atUactiw to the fully insured market, she said. and in 1997, wc became lially imwed. and were able to 111\'e $207,000.00 tbal year. We were allo able to miid $950,000.00 in future expeaaes for our aarrent retina. In the aJQ of Worker's Ompawtion wc bave been able to avoid or sa\'C $3,090,000.00, IDd WC were able to awid approximlldy $490,000.00 betMlea 1994 and 1998 by being partially self.funded for our Worker's Compemalion, she said. Bc:twn 19811 ud 1996, we were able to awid S2 .6 million by, once lpin. being far below Colorado Worbr's CNnpeosMioo trends. In the area of CUltolDCr lllisfaction. Ms. Caudill adviaat lhll anployea expr-i unpnMld morale. We have been wry Cl'CllM and UIIIOVllM in raurning ~ $220,000.00 IO employees and clqm1meDU in recopition for their dl'orts, S 100,000.00 of wbicb -n:l1lllled to employees through ~ programs. $26,500.00 to departments for their incenlM: programs. IDd $94,000.00 to the general fiaad. she said. Our employees bave told Ill tbal WC baft been able to improve morale becaUlc WC bave IMCD I .-,al Ulleral in their well being. They Uft been recognizllld and rcwuded for their politiw dl'olu, IDd the programs bave encounged teunWOl1t and friendly competition, she said. and siacc die programs are desiped on an individual basis. wc bave been Ible to help improve employu IClf. c:lleem. Ms. Mcldows gave Council an OYel\licw oCthe City's C-Dcvelopmcnl Ply Plan. beginning with two eumpla lhll bave occurred Wider die Plan. All ~ of die Deputmcnl of Admmisualive Savica, with raponlibililia in the -of peyrqll and recnailW, lllc ldvial, allo ICrWI • die l'Cllident gnpbic desipcr for may dcplnmeall within die City of Eaglcwood. This employee bas cleliped lop. brocbura. Oien IDd other produm filr ICYCl'al dcplrtmcnl IDd Citywide pn11r11111. This employee rec:cMI CODIF C • •ion Wider the plu '1 bigber lewl Cllepria of exmlencc for her gnpbic dmign degree. abe said, and bis allo received I clilcRlionlry reward for O!lfRlnctiDg wort in the gnpbic design • I· • f 2 - • • Englewood City Council April 20, 1998 Pages • "' - 0 • of the City of Englewood's wdl site. "The alll to hire an outside graphic designer is cstimared at SS0.00 to $7S.OO an hour, she added. This pamo mo designed the logo and brochures for the Living Well Program. she said. Citing another example, Ms. Meadows said that., through team cooperation. employees in the Streets Division of thc Public Works Dq,utment doubled the output of asphalt from 4SO tons to CJYCr 900 tons. Tbele employees recciwd a cmcrctioaary reward for the accomplishment of this team goal. Prior to thc Career Dc\ldopment Pay Plan, she said, thc City of Englewood's compensation system. like most organizations, resembled a tnditioaal 11q, prngrasion pay plan. Under this four 11q, progression pay plan, employees hiRd in at thc A llq, of thc I 5% pay line. Each llq, progression, based upon Sllimaory performance aad wunh a S% pay illCl'CIIIC, she advised. occurred in integrals of six months with maximum avnpcnlMion aaained within an Ill-month period. This rapid attainment ofthc maximum ~ lm:I, she CODlinued. made it difficult for the City to retain talented employees and difficult to motivalc thc employees who 5lllyc,d beyond a period of eighteen months. Ms. Meadows explained that., in 1989, thc City of Englewood began re-as&CSSing its curmit culture and mission. One area given focus was the City's existing compensation plan. "The City of Englewood's Administrative Services staff enlisted thc cffons of its benefits and compensation teams in the design of a pay plan to addras thc areas the existing pay plan failed to address. she said. The new pay plan, known as the Career Dcvclopmcnt Pay Plan, bas created opportunities for employees to excel. This plan provides rewards and incentives to cmplo)'eCS for valuwddcd advanced knowledge, skills. abilities. individual and team goals and objectives. she said, • wi:11 as personal and professional accomplishments, and duties. tasks and responsibilities above the normal scope of the position. Employees may also be rewarded for contributions made to the impnMIIIClll al City opcratioas and services. Customi7.cd to the dcpanmcnt. division and cmploycc. the Career DcYdopmcnt Pay Plan replaces the original IS% pay line with a 40% pay line. The new pay line is divided imo tbra: components, she advised. including bw catcgOrics of cxcellcncc, higher-level calcgOries al cxcelJcncc and discretionary cafeteria style rewards and incentives. Base caacgorics of cxcellcncc, cxtnctcd from the position description rcpracnt thc minimum qtlllificatioas and requiJancnts of the position. Ms. Meadows stated that higher level c:atcgorics of cxcellcncc include difficult knowledF, skills. abilities, goals and Slretcb objcctiYCS that ., beyond the hue calCFl1CS al CXClCllcncc . Tbele on-going an:as may require an employee top, OUllide his or her comfort l.ODe in sach aras as cd11cation.. creativity and innovation, expanded jab duties. incn:alcd raponsibilitics and aw training. she said. Discrelionary cafeteria style rcwuds and iDCCDliYCS may be either -, or -- moncwy, she stated. and arc baled upon 011Ulanding acbicYcmads. acmmplishmenu and cbuFI or ~emeau that posilMly impact City opcnlions or ICIVices. Basc and higllcr-lcvd Clleplics of cxcellcncc arc assigned pcn:cntagcS baled upon difficulty, froqucncy and importance. An employee 's pay is adjusted if be or she pins a new calCll)IY of cxcellcncc or IOles an exilling one. she cxpl•incd Employees arc COlllp'DIMf d according to their own self-initiative in aaaining and Wing the caacgorics al cxcellcncc. As I rault al the Career Dcvdopmdil Pay Plan, thc City al Englewood bas experienced decrcwd hlnllJYCr, ~ productivity and morale. cfficicncy in opcnliom and services, inlCrdcputmcnlal coopcrllion. and the diuolution of a tnditioaal lonpity-..cd COHIii !!lalion plan. Ms . Meadows llated funller lhll. by lllilizing the special skills and talcnls al employees through the Career Dadopmcnt Pay Plan, the City bas wn a return on its ilMIIIDClll. For example. a SleCI burier fcace II the City's goH c:aane would have alll thc City SS00.000.00. As• rault of its design coacept. the Public Works~ was able to reduce this COIi to $130,000.00. Allo. two employees ia the Muaicipll Coun arc awenlcd higher lcYcl Cllcgorics al cxcellcncc for tbeir Spanish language skills. The alll to hire interprdCn ranacs from $25.00 to SS0.00 per hour. For employees. the benefits al the Career Dadopmcnt Pay Plan ue visible through CIICICI' ldvarmt. jab cnricluncnt and cnbanmnent a 1CUC al cmpowenDClll. and the oppor111Dity for ftnancill rcwuds and inclealiwa. sllc -1ed. Politive W. she said, scna as tcai.-y to the IIUCICal ofthe C-~ Pay Plan. Employees have lllarcd such <XIIIIIDCIIH as "the bat thing abou& the plan is it giWI City employees the illCICllliYe to lclnl mon:. ams tJain. Ind work banlcr becaUlc you arc rcwanlnd. • and ~CWl,t,ody worked topthcr, camullilld with maMpmcnt Ind looked al wbal would bcndlt cmployea aad the City ll thc 11111C time." A third comment that Ms. Meadows quoled was ~111c old plan would keep plod employees. but after • ...... I· • 0 f - • • • Englewood City Council April 20, 1998 Page6 • 0 • "' - I• reaching the top IC\'Cl they're out of here. I would be out oCbcrc too ifit wam't for this plan." For the City oCEnglcwood, she said. implementing the Career~ Pay Plan required extensive research to ddcrmine if, and bow, a non-traditional pay plan would fit the orpniDtioa 's culture, as well as strong commitmenl and buy-in ftom the entire organization. a well laid fl'l1mMi'lli1, an dfective mctbod of aJIIIIDWlicating the amccpt of the non-traditional pay plan to City employecs. an UM:llDICDl of time to train rmployees in the mechanics of the plan. and a williagma to tab a risk. This risk for the City of Englewood bas resulted in a more skilled, knowledplblc and better oducMed wort force . Mayor Bums lbankcd C\'el)'OIIC for their prelC!llaliom and CDllgnlUlaled them for receiving the awards . Tbac are really quite an acbicwmcnt. he said, and we should be very proud oC the Administrative Services Deputmcnt 7. N--a.led Villton (a) Mart Klaess. President of the Orchard Place Raidcnt Council, reassund Council that, since the changes occurred at Orchard Place, things have gone extremely well and people are starting to talk to each other. He reminded Council that some people came to the last meeting who were unhappy about benches in the lobby. ffc pointed out that the number or signatweS OD the document he bad just puml out to them indicates that the Vllll majority is pleased with the benches . They are also pleased with Cheryl St Clair, Jo Hamil and Linda Conway-Obie. who are doing an excdlcntjob and listening to the people in the building. Lall year, he said. we fought tooth. nail and claw trying to get things done, and we got it clooe through the help of some or the people here. He lbankcd Council for finding one heck or a good dinx:tor. (b) Susan Van Dyke, 3390 South Emawn StRd, told Council that she would like to provide her perDl&I viewpoint on the isu: oC the surcbargc with Wastc MtMlffl!"D' She said that, abJlou&b Ille is an ~ oC the compuy, Ille is DOI repRICllling them this 4Mlling in an afficial Cll*ity, but .-her as a citmn and a prapona!I o(the City oCEqlcwoncl. CM:l' the ia. ten or so years, the City bas~ a good panac:nbip with Ww Ma,..,...,.. slle opined. and in -ways it was long in comiltg. SIie said it did her '-1 good to llllllr CClllaCil 11Y tonipl lhM they are ,aing to look at ways to uy to mend the rift ~ WW Mrs, C snd die City. Couacil Member Bl'llllbaw maMioned 1h11. ...-a,dy, iD 1915, we paaed die u.ar tax. Ille said. iec:alliag lhM the,-for the tax was lhll die City was iD cliR Ned oC exua rew:aac . TIie a6n -down. die._ ftmd was bcillg dq,leted. snd they weft clitlia!lt yan for the entire IIPIC. Ms . Vu Dyke aid Ille sped with the tax and -,ted lhll it was an tppnJprislc tax. Sina: tima have been fDOd. dlll lnlllfer tax bas incn:aled the reYCDUC1 to the City, with the ia. CIOlllll II lbnurS240,000.00 dlll camc iD lat year because oC this surcbargc. It may leelD like a deep well to -Council ...-rs. Ille cautioned, but it bas been comiltg iD for thinllcn years and slle questioned wllclher any oC it bas been redirecred t.dt to Union A-for any oCthe iDfl'lllructure down lberc. lfit bsa't. perups lhM is ..,..bina to look at, slle PbJ t became this IIIUll smount to I pmly good amnunl o(-CMl' lllillllal years . Also, in rdcralce to die fuluR oC lhM area, businesl and residential Ma. Vaa Dyb said Ille llqlel we come aft)' with new ways to addrCll the conc:cms of'both cntitia and, Illa. look II Olkr '-'z on Union A-. l1lae are quite s few odler busiJICllel Chere. Ille said. 71111 illlplCl ,--roadl as well, and they should be CICMmdered iD that quolicnt slong with WW MEMI M SIie said ber ftal ablervaaioa about die PBdlarF was lhll. • ~ to just l'llldomly iai1iJ11 it. pallapl Couacil mi ... look II a pcrceo1qe of what they are paying per yard al Wate MampnwM on what Ww ~ is dlsrpag CllllOIDal. M the alllolller cbarp:s ~ pallapl dlll is aa oppnll1lllity to *'-* midlarJe , if Council feds it is llfllll'OPl1IIC . Tbal way is 11ay1 ClDMillcnt with die pen:aca,e oC die wllole pic:lurc. On bebalf oC WW M,...,...,.., sbe said. they are a pod ~; they llaw pnMded s lac oC dolllliom in kind and cash ower the laa eigbl years, 17 lellll, if DOI lonpr. AduaUy, they camc up widl die .-y lhll IIIIUld die Clean, Green and Proud orpnizacion aad it WGllld DOI cxill today if WIICc M I a .. did . -• • I· • ' • • Englewood City Council April 20, 1998 Pagc7 • ,. - 0 • not provide that donaUon at its ina:plion, sbe ..ned. Just in the Good Neighbor Days alone, they have given the City clCJIC to SI00,000.00 in donllioal and support, sbe said, adding that sbe could not tbink of another a,mpany in the City that bas lleppllll forward and done that. It is a donalioa, sbe added, not cxpectalioos. She allowed that sbe -ctiappoillltd when the president of the company withdrew the funding for the Good Ncigbl,or Days. The timing -inappropriafe, sbe opined. and it -unfonunaae that be felt be needed to do that. He obviously felt that the IIIOlion Council pa.al regarding truc:k traffic was harmful to Wasle Management, sbe said, adding that sbe is not pmy to that information as be does not contact her. As a matter of fact. sbe said, sbe Uled to be the aJIIIIIIUllity relations person at Waste Maupmeot, but they rmlCMld her 6-tbat polition in January when be took over. She said sbe was truly appearing on her own merit. It bas been a wondcr1W partna'lbip over the years and a model for thinp that can continue with bollin sbe said, and asked for Council's common sense and open mindedness to do the belt they can in this situation and uy to retrieve some of partna'lbips they have dcvelopcd over the years. (c) Carolyn Fulton, 4955 S. Lipan Drive, told Council that she and Mr. Velasquez were present this ~g to make Council aware ofa house at 1211 West Chenango Avenue . It is five houses from where sbe lives and Mr. Velasquez lives next door, sbe said. and it -sold to Dndopmc:utal Pathways in NoYember. She said the Zoning Division told her that it was federal and 111a1e money and it was suppoaed to be for training of handicapped people. so the City did not have any jurisdictioa over it. She said sbe then called l>eYelopmental Pathways, and they thought sbe was an interested customer. She asked if the people living there aJUld be violent and was told that they could be and that they aJUld have a criminal record. They told her they n::femd two handicapped people, who would be taught to go out OD their own when there is no one else to take care of them. Ms. Fulton said she was told they might have cerc:bral palsy or autism, and sometimes they become violent. She said sbe then spoke with Council Member Gamtt and be bad the police cbock out the rcsidencc and they allo spoke with Mr. Veluquez. She said she would lib Mr. Vclalqucz to tdl Council whit kind of a per-. lives in that house. adding thal, • neighbors. they do not lib whit they 1ee. SIie said they are amtoriag it and they want Council to be aware of whit is Mll(lffling tberc. (d) Dmd Velaap:z. 1201 Wat a-u,c, Awaae. told ec-:il tbal he lives right next door to the ~dop .... ..,., Padnways lllw. Wbca be -. tberc. there -IIIOldy n:liRd people -1 it -real friendly . He said be bas me cllildnm in bis lloac. two of w11om are tour and me years old. He said be was told tbal. while be was • WOlt, c.e of the Clllllwlors -Olll and his wife .-over to greet bim. The aJU-6or w:ry llnlllgly told his wife tbal bis kids sbould not play by tllc Croat uee 111111 should stay out of his yard beclulc the raidalt ClOuld become violent. Mr. Velaqaez said lie fads 1ilr.e his family is not safe in their own '-· He said be does not ~ anyone: who lives in a resideDbal area should have to go through this. He said be worb w:ry bard to 1i11pp01t bis family and he fan ,r:lting a phone call at wort saying tbat IOllledling is wroag. 11lis bolae is rigbt next door to a Cleek and the put Cllll'aDCe, and kids play in the Cleek. Tberc is DO bauadary for the cra:t, be said, and they are always there crawdad filbing. and be WOlldcnd bow you tdl time cllildnm they cannot be there aDylDOR. He fan that bis kids ClOuld be bun playing in their own froat yard. Mayor Bumi med if be -ayiq tbal one of the IXIUlllelon said tbal be could become violent. Mr. Velaluez clarified tbal the kid living there ClOuld become violeal. addia& tbal tllc police officen MIil in the bolls and said the kid does not look --a. He is l"Cllricled to bis -. wbicb is ..-itond, be said, ID tbal if be exits die....._, they .-Id kmw. Mr. Vdaauez said be -told, if he -the boy outlick. tbal be sbould call 911 immelle,ety beclulc .._.bi•1 .-Id dclnilely be 1fflllll. He said be does DOC think U,-in the -would want to have this kind of a neipllor, lln8iq tbal be does not ~ anydlilla apinll ..,...,. lib tllil, bul if be is -,erous. be sbould be localed where they can take can:ofbun. -• I· • C , • Englewood City Council April 20, 1998 Pqe8 • 0 • City Aaonicy BRIIZlmll llatal that this is an Oll-fllUII ilm:stiplioa, and tbcy haw been DOtified that tbcy ue not alloMd to haw a halfway bolls iD this raidalce. As .,.. • tbe officlen finish their iaveltiplioa, tbcy will be geaing bad( with tbe residents and Council will also receiw: a rq,ort, he said. Mayor Bumi said -will await tbe raultl oftbe iaveltiptioa. and thaDkcd Ms. Fulton and Mr. Velaaplez for coming. Ml. Fulton alked why _.,,biog c:aooot be done on tbe basis that tbcy talcl her it was suppoaed to be for rdulbililalion and dial is IIOl what is bappcoiog jn this bouK. Mayor Bumi said tbe on-going iaveltiplion will be imewing thole types af thiop. (a) A proclamalion declaring tbe week of April 19-25, 1998 as Always Buckle Childmi ia tbe Back Seat Week was COlllidered. COUNCU. M&MBU llilll:NICBT MOVED, AND IT WAS Sll:CONDll:D, TO APPROVE A PROCLAMATION DltCLAIUNG TIIJt Wll:11:K OF APRIL 19-25, 1'91 AS ALWAYS BUCKLE CIIILDUN IN TIIJt BACK SliT WUK. Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenic:bt, Wagoner. Clapp, Bums Nays: None The llllllion carried. 9 .......... (a) COUNCU. IIIUIBD WAGGOND MOVll:D, AND IT WAS RCONDll:D, TO OPEN A PIJBUC IIEAIUNG TO GATllll:ll C'JTl7.EN INP1JT UGAIIDING A PaOPOSll:D BW. ,oa AN OUINANCII: AMENDING LANDSCAPING STANDAJIDS. A,-: Coacil Members Nabllolz, Gama, Bndlbaw. Habmic:llt. Wagoner. Clapp, Bumi Nays: Noa The ..... c:arriad .... die Public: Hearing opened. Ncipbortlood ad EovinJnmcnl Tecllllic:iao LaDp talcl Council dial tbe maaer bein tban iowlwd lffllicm to die Muaicipal Code. She lllllmittal Proof of Publicalion for this Public: Haring. which ........ ill die Eapwood Henld on Marc:b 6, 1991. She 1111111c-aeoera1 poila ~ tbe ...... --ftrll. llllioa lbll die onlirm -wrilllD for die aajc,ril.y of-. witb die recopidoa 11111 Ullique litulliw do cxill iD die City. The onlirm clDa not ,._ delip. and tbal -it cm not rqulate lUCb thiop • rua w e.c.11...-. and it docs not fflqUirc everyone to in stilldy F GIil and illllalJ new lawhcapi11g. It would be reqlliNd oaly wllco applicability .,-arc ac:dYaled. WIIII die onlirm docs ii repllllC die qaulity, die bow alCb and die tpaCina of planlina. Ille aid, .... it ..... die qualily of die planla. die size. and pnMdel plantiag ....... wt wi • me requinWI. It allo repl.-wbere die leedecapiq will be. 111 dial it brings die l•whcapi• ftllwd so wllll'e it ii ~ visible and will a.-a ..-iapacl. wllile llill being fair wt equitable to peaple. Ille llid. The llllic inlCIII al die ontialla. Ille IIMIIII. ii ID eobeme EnpMOCl'I aeallllic .......-Z, l1lllilm die CIMl'Olllllelll'I rmlap::el bllw&, provide ldminisanllivc clarity, CISlblllll qality .... ......., ....... wt provide ....... _.., FIil thole ........ Rcviewioa die..-, ML ....... llllrd dull die rmlions -bnJupl forwlrd ll die Nquell of die • •· • 0 f • Englewood City Council April 20, 1998 Page9 • ,, - 0 • Planning and z.oaing Commislion, who's pl -to provide SIIDdenls al quality and quantity in anticipaaion of redevelopment in the City. To dull dl'ort. stall' reviewed the cunmt onlinence and identified ddicicDcies in the ordinance, reviewed other l•nde:3piag onliDw:a ICIOII the nelion and loc:elly, ~ oplioal, aenenaed lffl!l'II clndb end -diem OUI for nwiew and OO!DDa!ll sbe said, to City depenmenls, lllllllcepe IN "1:iii,aals, ~ awnen ud to the Cbember al Commerc:ie. Ms. Leqoa pointed out three key-in die onliauce. 11le .. w applicebility, whic:11 sbe aid n,quira mekiDg ID adjUlbDelll in the critcrie alwben die llllldenll en: .-,Y. There is the polmliel, with the new ordinance, al mnre pn,peniel being affec:led, sllc lllviNd, but the onlinenc:e ~ dull poaible iDcnae by extending credits for eximllg 1n1e1, public rigbt al wey ud iDIC:rior puking lot leadscepiDg. tbet w not previously COUllled. but will -be ClDUlllllld towerd the tolll requiremenL 11le t.ic effect is the ecti\lllion nw:beniPD would be 1-'. bul the owrell pn,peniel hew: mnre ~ ud mnre allowaaces with whic:11 to wort. 11le .... key en:, is IIIIDdenls. sllc Slid. Tbe onlinancc sell minimum SIIDdenls and requirements, sbe edviscd. specifying tbc deteils ud providing clerity and dinlction. Tbe llll key are, is equity ud f'ei,-, sbe Slid. We hew: to look et Englewood as a built environment. which bes dift'emll c:beracteriltic then ID aree like Highlands Rench with so much open si-e. To tbet end, sbe said, we left delign to the individual, ellowed credits for existing plenlings. provided WIMI' options. included rigbl-u-way ud puking lot Rqllirements, allefflllive compliance options, and tbcre is cwliden1tion for the downtown enviromnent We also olfer a fee in lieu, for those properties tbet are pbysicelly uneble to meet those SllDdenls. sbe added, and fair and equilable options for unique silUetions en: eveillble. Tbe onlinancc also addrases quelity of life, sbe said, and balences the needs of the COllllllllllity and practicality al the urban environment. We need lendscaping because it provides an ecoaomic benefit for the City by meking it more holpileblc, sllc said, and it adds cbenctcr by creating unity, while crating diversity. It offers veriety ud enbences property values. it improves air quality, sbe IIMNd, moderela tcmpenture by providing shede. reduces glen: end rdlec:lion. reducles noilc, and offers I bu&riDg --edjermt Ulel. I ,1ndec3ping is quelity al life, end thet is wbel this onlinence brings to Eapwood. a opined. 11le itans dilc:l-s et the Study Seaioa end those IUgested rmsiom are found oa PIF two al die Couaci1 Communication, sbe aid. Mayor Banis 8*ed wbedier Ms. l...enpn w ll)ing to eddras the three effll!lldmeiws end the two itans at die baaDa. or if aw weiting for Couacil to CICIIIIIIIClll. Ms .......... rapoaded thet sllc w weiting for a..:il's ~ 11le .. three ---Couacil's clinaioal II die Sllldy Seaioa, 111d tbose -cbeepl dley wutecl llllde. end tbc llll two itrms -dia:uaion iW. sbe aid. Mayor Banis 11111111 thet DO oae bed signed up to spcek II this beeriag, bul be illVillld i......i parties to do Ill -· There W DO rapoase. Mayor Banis aid die llll two items oa lbe ICCOGd P1F were clilcuam. Tbe .. beiDg thet PUD l•oder,eping requiremcnU sbell be decermined OD I CW by CW basis ud CDaideretioa lhelJ be gi\<m to tbc type al cle\elopmeal UIC. PUD lllllllcepe requirmlaa will be pided by reqllirW Mlblisbed for similer dcYeloF m r•1 llld simi1er 111111C clilUicls. Comlcil Member Hebellicllt llid Ille wwld like to w this .. ilelll for Cllllllalll included. Me,or Bums qreed. Oty AllOnley Brammll llid diet the two dilCUaion iW en: IClllllly included. la the di__. II die Study Scleiae, be ISllled, there W I qaatioa • ID wbelber Council wented to llffllgdlea the leaaueF or not. It w DOI clear II thet point wbelber dley wutecl modiflcetion to diet puagnpla. Ms. Hebenicbt aid sbe would like the puagnpla """"IPcned Mayor Burm 8*ed Ms. Langon to~ OIi why the provisioD is drafted the wey it -end wbet the dloqllll al.,...__ Ms. Leap rapoadDd thet it W IO c6r lcxibility. Since we doe 't ~ ftom oae PUD to die next wbet the lend UIC would apecilcally be, it Ml wriam thet wey to cdrr flexibility . 11le ~ would be much the aac • limillr -dillric:u, • diet. if the PUD "' mllllly -. ~ , trr, • •· • 0 , ~ • • 1 .-t I •. ,~ r ·1 . 1.. ..,.. , ! 11 , 1(1 j(n-11~r •1;•• I r "fill 1:~ll ;~1·1~ n·, t!f1. !11 ,,hi ·11,! I ! •di~ ·IHI lihl H! I l!•r l!fJ!!fJ !1•1! ! I fl!'li 1f}f tir~J {!I j· it:11·~l'J'I• t .. f (I l ; 1hr lh· Uh 11! l~i! 1tl{~tff Ifill i I ilifi t!!I liiiJ f!! i !1111J,tJ1!11. :1111 I I 1·l~if ltJI ,~1,!l 11 I ,a I J!1, f1 i: II' • ''1·i 1'r (~ ·1' ·1 ; II l1 u :( ,if I ;Jif ! ~tj !I ~i·' 1·1 1• i i, I ifJ~ tr!J 1 (1 J1f ! ,(~~1: 11el 1111 ~~ I : •. ' i.. lt ~ ' l · I @ i Ir l ~ • 0 • r I . • • ~ • ' h • Englewood City Council April 20, 1998 Page 11 • 0 • ,, - I • 11i111111111 mllle sun: that the pn,peny IIICldS their: llaDdanls. Siace Ibis would be a -pn,peny, the temlll lllUII ill wuulcl actually be having Ibis ~ be added. You me DOI ping ID place their: ..._. oa a balllC that 1111 ahady been built, bat the applic:lbiliey on their: is for ndel el,.--nt or new dewlupalll. be said. Council Member Bradlllaw said the owner would ramin Pelp(MlliYc Mr. a-comured. Mayor Bums lllked if badl the owner and die 1e11a111 would be on natice m this on1inuce befole they occupied the pn,peny . Mr. Brotzman said 11111 is CXJffllCl. Mayor Bums 8*ed if tbeR -a QOlllelllUI on Council on this pnwision. Council Member Bradshaw said she feels it lbould be owner and tenul, becaa 11111 is the &llell way IO implement cbaqe. and, if .. _ _.... it. obvioully they haw bad-cxpaience widl il Mayor Bums CXIIICUITed. He said be tlwm die._.. is IO lcaft it a ii. City Atramey Brotzman said Council will receM a sheet similar to this, because, tnditionally, motions area 't llllde to chuF this, so we will do aDOlber li• when it cama up for IIIClOlld reading for Council to do IDOliOIII all m.. be said. Mayor Bums llked if we can do this oa mDIII reading. Mr. Brotzman said this will actually n,quire aDOlber reading after tbal if they make cbuges. There -no oae clle p,aent to address the issue . COUNCB. MDIBll:R WAGGONER MOVll:D, AND IT WAS Sll:CONDll:D, TO CLOSE TIii: PDLIC IIUIUNG. Ayes : Council Members Nabbolz, Ganea, Bradshaw, Habenicbt, Waggoner. Clapp. Bums Nays : None The maciOII canied and the Public Hearing cloml. 10. C--A..- COUNCB. MDIBD WAGGONER MOYD, AND ITWAS SECONDD, TO APPllOVII: CONSENT AGENDA ITUIS It (a) (I) TllaODGB (II) ON nllST ltll:ADING. <•> AppnMl «~ on Finl Rmdiaa (i) COUNCn. BD..l.. NO .IO, DmlODUCED BY COUNCn. MEMBER WAGGONER A BD..l.. POil AN ORDINANCE Al1l1fOIUZING A PIPELINE CROSSING AORl!EMl!Jff ENITll.ED "PIPELINE CROSSING AGREEMENJ' -MILE POST : 6.45• AT YALE A VENUE Wl'I11111E UNION PACIFIC RAJUlOAD COMPANY. (ii) COUNCn. BllJ. NO . 21 , INTRODUCED BY COUNCU.. MEMBER WAGGONER A BD..l.. POil AN ORDINANCE AtmlORIZING A PIPELINE CROSSING AGREEMENT ENITll.ED "PIPELINE CROSSING AGREEMENJ'-MILE POST: 7.76• AT KENYON A VENUE Wl'I11111E UNION PACIFIC RAILROAD COMPANY. (iii) COUNCn. BllJ. NO. 20 , INl1IODUCP.D BY COUNCn. MEMBER WAGGONER •. ., •· • 0 f Eaglnood City Council April 20, 1998 P1F 12 '· • • • .. A BILL l'OR AN ORDINANCE APPROVING SUPPLEMmff NO . 137 TO 11fE SOU'JHGATE SANITATION DIS11UCT CONNECTOR'S AGREEMENI' l'OR nm INCLUSION OF LAND Wl'I1IIN 11E DIS11UCT BOUNDARIES . A:,ca: COUNCU. MDIIID BllADSIIAW MOVED, AND ff WAS SltCONDD, TO Al'PllOVI: AGENDA ITDIS II (II) (I) AND (II) ON SltCOND DADING. (i) ORDINANCE NO. 26, SERIES OF 1991 (COUNCU. BILL NO . 7, INl'RODUCED BY COUNCB. MEMBER WAGGONl!R) AN ORDINANCE AU'l1IOIUZING AN OOBlGOVERNMan'AL AGREEMENT BETWEEN nm COi OR.ADO WA11!1l CONSERVATION BOARD Of 11E STATE OF COLORADO AND 11fE CITY OF ENOLEWOOD. COi Ol4DO AU11IORIZING AN EASEMENI' l'OR 11E CONSTRUCTION OF A CONCRE11! B1CYCBPEDBS11UAN PA111 ALONG 11E SOU1ll PLATra RIVER CHANNELIZATION PROJECT. (ii) OIU>INANCE NO. 27. SERIES OF 1991 (COUNCIL BILL NO . 19, INTilODUCED BY COUNCB. MEI mER mtADSIIAW) AN ORDINANCE ASSIGNING AND 11lANSPl!IWNG TO 11E CITY AND COUNrY OF DENVER. COLORADO, 11E 1999 CITY Of ENGLEWOOD. COI.ORADO ALLOCATION PROM 11fE STATE CEILING FOil PRIVATE ACTIVITY BONDS 10 PINANCE Rl!SIDEHl1AL HOUSING PACUJTll!S FOil LOW· AND MIDDLB-INCOME PERSONS AND FAMILIES Wl11IIN 11fE CITY AND CERTAIN 011IEll CfflES AND COUNTll!S IN 11E STATE OF COLORADO; AU11IORIZING 11E Dl!U!GA110N 1011fE CITY AND COUNrY Of DIINVl!R. COi Ol4DO OF 11E AUTHORITY OF 11E CITY OF ENGLEWOOD. COi OR400WfflllU!SP2CT1011E ISSUANCE OF S1NOLE FAMILY HOME MORTGAGE REVENUE BONDS (11E "IIONDS") TO PINANCE RESIDBN'l1AL HOUSING FACILITIES FOil LOW• AND MIDDLS-INCOME PERSONS AND FAMIUBS wrrH1N 11E CITY OF ENGLEWOOD AND APPllOVINO SUCH BONDS AND S1NOL1! PAMIL Y MORTGAGE LOAN PROGRAM; AND Al111tORIZIND 11E EXECU110N AND Dl!LIVl!RY OF A Dl!LEGA 110N AGREEMENT AND 011ll!ll DCX'UMl!Hl'S IN CONNl!Cl10N 1'Hl!ltEWffll A:,ca: Nays: ne maaoa c:arrild. Ccwil Mellllllla ~ Glmll. ........._, Uni: · N w._..,c:::i.,p_.,. Ii'- COUNCIL Mrma WAGGONU IIOVKD, AND rr WAS S&CONND, 10 Afl'IIOVI: CONS&NT AGENDA rnMS It (c) (I) TBIIOUGII «.). • . •· • 0 , - Englewood City Council April 20, 1991 Pap 13 • • I• • (i) RESOUl'I10N NO. '2, SERIES OF 1991 A RESOLU110N FOR REAPPOIN1MENT OF 11lACEY M. DAWSON, AS ASSOCIA'IE MUNICIPAL JUDOE FOR 11IE CITY OF ENGLEWOOD, COLORADO. " - {ii) CONSTRUC110N CONTRACT FOR CON<ltE11! PROGRAM 1991 IN 11IE AMOUNT OF SlOl,363 .50 Wfl'H 11IOUJT Bll011IERS CONCRE11! CONTRACTORS, INCORPORATED . {iii) PURCIASE OF TWO JACOBSEN 11U-KINO MOWERS IN 11IE AMOUNT OF $30,160.00 PllOM MILE IDGH ruRF BQUIPMENl', INOORPORATED; A TORO Rl!l!LMASTER 5200-D IN 11IE AMOUNT OF $25,752.00 PROM LL JOHNSON D1STR1Bl111NG, INCORPORA'IED; AND A CUSHMAN GMO IN 11IE AMOUNT OF $23 ,105.00 PROM L.L. JOHNSON DISTRIBtrl'ING, INCORPORATED. {iv) LEASEIPURCHASE AGREEMENT FOR l1IE PBX EXPANSION PROJECT FOR 11IE AU.EN FILTER PLANT 'JHROUGH 11IE STA'IE OF COLORADO BID PROCESS IN 11IE AMOUNT OF $24,334.47 PROM LUCENT TEOINOLOGIES. {v) LEASl!IPUllCllA AGREEMENT FOR 11IE PBX EXPANSION PROJECT FOR 11IE DEPAR1MENT OF SAFETY SERVICES COMMUNrrY RESOURCE cmm!R 'JHROUGH 11IE STA'IE OF COLORADO BID PROCESS IN 11IE AMOUlff OF $25,299.72 PROM LUCENT 'Jl!CHNOLOOIES . Aym: 11 ........ ~ (a) AppnMlaf~oaP'im....._ 'l1lere weft DO additiaMI items llllllllillllll far appnwal Ga ftl1( ieadiJta, (See A,-la 1-t 10 -C.omeat A,-la.) (b) AppnMI af<>nlmaclel aa Secmd lteldia& 111ere-ao lddidoNI *-........ .,, appnwal oa _... ieadiJta, (See A,-la .._ 10 - C...A,lada.) (c) R-+eeicw wl Maliw '111ere-_, E Hft',wl MPM!iw or_.._ ...... lir appnwal. (See .\,-la .... 10 -CW Apdl.) 12. Gwnl Dl11 nln (a) • . .. •· • 0 . - t ·~ J '. , - • l • • Eap:wood City Council April 20, 1998 Pap 14 (i) Mayor Bums remillded ~ 111111._ will be a meeaaa mCouucil anc1 llall OIi Sablnlay • tbe W--.rcr Treaament PlaM to dima die ..... and goals. He encourqed ~ IO be there. (ii) Mayor Bums stated 111111 tbe 5*y Semc:a c-ity Raoun:e Ccuter open ._ will be radw+led (Iii) Mayor Bums advi.t 111111 die Men ...,... C-will bold a pn11 wafaeacc OIi Friday with n,pnl to tbe privalc aclivily baadl ..._izmoa 111111 w lPllftMIII a few wee1m •· ne Haaiaa Coaldlcdt will a11o be clilc:aaed, 11e llid. ..., 111111 be will be c:bairiDg that. Toay llaaadez, die HUD 'IIW Mi..e, will be 111n. • will Nmdlpa Mayor Doll Panom, who a,- cllailed tbe n l!W Oii adllldlblc llaaliaa a die Cw.• well• Mayor Wcti,. 1be loc:aeion bas aat beea Ill ye&, la we duk 111111 will llllp to kick a8'dlll ,...._ m 111d -addieional publicity for it, be aid, adding 111111 Eapewood ii wry well lilalllell eo pu1ic:iplle iii tbal. (b) ec-cil Member's Cboice (i) CouDcil Member Nlllllolz 1. COUNCO. MDDU NASBOLZ MOYD. AND IT WAS SECONDED. TO MOVE l'ONDS OIJT or TIU URRVE IN TIU AMOUNT or s1,.-.• TO JUND TIU CUAN, GUEN AND PIIOUD GOOD NDGBaOR DAYS. Ayes : COUllcil Mmben Nallbolz, Gamet, Bndlllaw, lflbeaicbl, w......-. Clapp. Bums Nays: ~ TIie lllllliaa c:anild. ••••• Mayor Barns ad¥illd 111111 Cwi.l niceiwd a com •k:Mion repnliDa die Clean. Gleen ud Proud Golf T-, S He llid 111111 Cwi.l ...aly ..... im fudipg far a Clllllple 11....__ COUNCIL IOIIUR NAaBOLZ MOVED. AND IT WAS Sl:CONDI.D, TO JUND TWO JOURSOMD IIOll TIU CUAN. GllDN AND PllOUD GOU' TOURNAMENT THAT WILL H DLD IUNE I, 19'1. ' Mayor e.n..,.. 111111 die....._, will be beld • Eapwoad Golf Coune Ibis,_.• a C101C m $396.00 per--. COUPCil Member w.....-llid £1111. liace is ii i.::t iii ~ be will wee for is Ibis,--. v .. l'IIIPIII: Ayes : 2. Ms. Nlllllolz ad¥illd 111111 Ille niceiwd a, ...-.ii Ila E.-iw Mlillul ID die Ciay ........ Bndlbaw iii n:pnl ID Daeea Rad• die Alnla Sllliar C-IPd a .... fllnllip DRa>Ci ca die elderly. SIie llid Ille will be IIIIPdillc 111111 OP Maailly, April 2'76. . , .. •· • 0 ' l • . ,,/) • 9 ~1 ilf(lli 9lli :1,1 ~11~1iJ~~ J~ 11 i~ I~ 1!11~ 111 ,~1 !.~, t ·lr ,~~!t~ .~ ~, 1ir~ J.ii =il:ilt lilf i~Ji !i 1 ~lii~j ii iiii :i ;;ii i tf If I il i1•1 hJ1: • <h~1 · [ Ji f .. ~ t 1!r [tr tfiJu i,J! 1r1il1~ 11,l·itfEJ f [[ iH[ ! ffi 115 . uiH f; ! r I ( ~ tlp'tii ! . i Jtlif i If ii r.l iJiJ!f l!I ti,tf lirlli!flr I Ii ill ~ !~ii I ~(ftx.s 1f~ f I llfJ I & g}I. § li1·1 • r J i ~-.,: I J f I J . . I t . i ! n· 1 ( I r t =-a· 8 0 ;.I 1~1JI . 1 ·t II · 1&0 S:a. 1= ,Ja J 1li ~ 1 ~·, , ir11 1 .,iJ -1 I ~ r1 fi iftiif 1!1 f;I 1;11!j: 1i !!1 j iti! r I O . • .. 11 J . [ i f 1 ;;· 1 r r . , ~ I I-1 I r ~ J · · r d h, I 11 I twf t nt· -.1. f I It ,-,- ' ',. ~ • . • L...l I \ I ;.; i ;: 'f I ;:; 1111 1 'I 1ir;~ !if I I a.a-1 I I I· °'~ t i I I f ~ i (~Ir·' 11 !l·i i9 I 11 H 19 ( ;iJUj jh Iii i I : t il 1J i !fliii Iii 11 11 I I ,, 11 1 1 11 il •!I l l a I iJ it ltlitti lti ftf a s J l cl t' la.I t~I j J ( ! f1tl jJt ,-,~ I I •· i' l''f1··f 11t ir ·' t i I I! ii 1 t l I· · I I I I i gir aifa. let Qil. J a. I J '11 ~ f I fa. t j f !1111; fl) iJi ~ ~ i 11.1,f f, 111 ~ t J a.~r'r ,, • s Ja 1 1i 111 !' r I . . . ~ , ~ , • ~ ... • -• . ,~ •, • .. City of Englewood OFFICE OF THE CITY MANAGER 3400 Soudl Dad Screet £nslewo0d. Colorado IOI 10-2304 l'hone (303) 762-2311 April 28, 1998 Mr. John Meeker Developmental Pathways Inc. 11111 East Mississippi Avenue Aurora, Colorado 80012 Dear Mr . Meeker: fN( (303) 762,2408 [.,,....: Wa4tcl . ....-od·CO .IA Thank you for your immediate response to my call today . The City Council would like to invite you to attend the City Council meeting on Monday , May 4111 at 7:30 p.m. to discuSS the house at 1211 West. Chenango. The residents in the area are concerned and expressed their opinion at City Council's open forum last night. If you have any questions, please feel free to contact me at 762-2311 . Sincerely, A~ Gary Se City Ma ger . ' •, .. • • • 0 l -..... , I ----------------------.~-------------,..,-------------........,, - - • • • - ... MEMORANDUM TO : FROM : DATE: REGARDING: Mayor Bums Englewood Council Members D= Broum,n, City A""":.'i'. :12, Gary Sears, City Manager 7'j,f'J April 28, 1998 1211 West Chenango/Group Home . I• Current Compliance with the Enclewppd Municipal Cpclc: Currently the investigation by Safety Services and Neighborhood and Business Development shows that Developmental Pathways is not a prohibited halfway house and is in compliance with the Comprehensive Zoning Ordinance . The City of Englewood is preempted from prohibiting a group home at this location under the Fair Housing Act . HUD and the U.S. Attorney enforce the Fair Housing Act so the City is coordinating its effort8 to avoid the governmental entities suing each other at the taxpayers expense . The City will continue monitoring this 1ituation to make aure this facility remains in compliance with municipal requirements. Licen1inc : Developmental Pathways appeara to be in compliance with the State licensing requirements. Anticipated Munic:iMI LttPeletion : The Department of Buainess Development is planninc to bring a new Group Home Ordinance to the Planning & Zoninc Co-ieaion in Aucuat and to the City Council in September. Even when this is updated the City will be preempted from enforcinc qainet this group home and would have been if the change, were in place prior to this group home moving to Englewood . ProPOH4 Federal Legi•lation : Currently the National League of Citiee {NLC) Economic Development Policy Committee is reviewing the Fair Housing Act and H UD Reculationa in order to modify the current pree mption . The NLC is working with bipartiaan leaden in the House of Repreaentatives to move legislation that would amend this Fair Houaing Act to regain eome local authority, especially with regard to reculating the proximity of group homee in neighborhoodll , particularly those bouaing potentially danproua individual,. ... •· • 0 - - ' • • • •, Federal Legislators your constituents may contact to support local control of this issue are: Representative Dan Schaefer, District 6 2160 Rayburn House Office Building Washington, D .C. 20515 (202) 225-7882 FAX (202) 225-7885 Senator Wayne Allard 716 Hart Senate Office Building Washington, D .C . 20510 (202) 224-5941 FAX (202) 224-64 71 Senator Ben Nighthone Campbell 380 Rusaell Senate Office Bldg. Washington, D.C . 20510 (202) 224-5852 FAX (202) 224-1933 Fundin1 Source,: Developmental Pathways is a nonprofit organization and receives funding &om the State. The Division of Developmental Services (DDS) is a subdivision of the Department of Institutions. The Division contracts with "Community Centered Boards" which are private non-profit organizations designated to deliver community-based services to persons with developmental disabilities per State Statute. The "CCB" determines the eligibility of individuals with developmental diaabilities and mat.ches state funds with those needs. The "Community Centered Board" for our area is Developmental Pathways. People interested in this iasue may contact the State Director of Developmental Servic:ee - Charlie Allinson at (303) 866-7450-3824 West Princeton Circle, Denver, Colorado 80236, http://www.caccb.org/; or the CEO of Developmental Pathways -John Meeker at (303) 360- 6600 -11111 East Miuiaaippi Avenue , Aurora, Colorado 80012-3136, E -MAIL: Dpathwaya@GNN.com. Interested parties may a1ao contact their local State Reprewntative or Senator to diacu88 the funding of group bomea in the City of Enc)ewood: DB/nf Senator Tom Blickenaderfer, District 26 Colorado State Capitol Denver, Colorado 80202 (303) 866-2587 FAX (303) 866-2150 Reprewntative Martha Hill Kreutz, District 37 District 37 Colorado State Capitol 200 Eaat Colfax -Room 271 Denver, Colorado 80203 (303) 866-5510 FAX (303) 866-2150 • 2 Repreeentatift Jeander Veip Diatnct 3 Colorado State Capitol 200 Eaat Colfax -Room 271 Denwr, Colorado 80Z03 (303) 866-2921 FAX (303) 866-2150 . . •. ' .. • • 0 • • - - 1 • • • • 0 • Statement from Developmental Pathways to Englewood City Council May 4, 1998 I have been asked by the Council to appear tonight to respond to allegations made and actions taken by persons in the neighborhood surrounding the home owned by Developmental Pathways on West Chenango . This home is occupied by one disabled individual, and is staffed 24 hours per day . This individual has been living successfully in single family residential neighborhoods for more than IO years . Our response is best summarized by comparing our experience at this home with that of his previous residence, which was in a similar neighborhood just a few miles south . (It is being renovated to serve people with physical disabilities). • In his previous residence there were no incidents where neighbors were disturbed or placed at risk . • In this residence there have been no incidents . • In his former neighborhood, neighbors greeted him and staff with a wave or hello, and we helped each other dig our cars out of the snow . • In this neighborhood, neighbors have subjected him to hostile glares and staff to racial slurs. • In his former neighborhood, if neighbors had questions or concerns, they contacted Pathways management and asked for a response . • In this neighborhood no one called Pathways management. Instead, neighborhood leaders circulated a flyer containing defamatory and unsubstantiated allegations designed to promote fear and hysteria, and rallied residents to appear at the City Council meeting to demand some kind of action . This individual has presented no threat to anyone in the neighborhood . He was born with mental retardation and with developmental needs that require support and supervision . He likes to keep to himself. He is proud of his house and helps care for it. Neighborhood children have played in his front yard on several occasions without incident since he moved in . He and staff like to take wallts in the neighborhood . He wants nothing more than to have a quiet and peaceful home in a nice neighborhood . Instead he has been falsely portrayed as some sort of violent threat to neighborhood children . His address has been published in a slanderous Oyer that was distributed to 200 households throughout the neighborhood and beyond . He has been made a target of fear and dislike . He has done absolutely .ll2lbi.n& to deserve this, except to be a person with disabilities who looks a little different. I ask you to imagine how his parents nwst feel knowing he has been singled out and branded as some kind of community threat . How would anyone here feel if this were done to their son or daughter? •. •· • 0 - - 1 I • • • • Statement from Developmental Pathways to Englewood City Council May 4, 1998 I have been asked by the Council to appear tonight to respond to allegations made and actions taken by persons in the neighborhood surrounding the home owned by Developmental Pathways on West Chenango . This home is occupied by one disabled individual, and is staffed 24 hours per day . This individual has been living successfully in single family residential neighborhoods for more than IO years . Our response is best summarized by comparing our experience at this home with that of his previous residence, which was in a similar neighborhood just a few miles south . (It is being renovated to serve people with physical disabilities). • In his previous residence there were no incidents where neighbors were disturbed or placed at risk . • In this residence there have been no incidents . • In his former neighborhood, neighbors greeted him and staff with a wave or hello, and we helped each other dig our cars out of the snow . • In this neighborhood, neighbors have subjected him to hostile glares and staff to racial slurs . • In his former neighborhood, if neighbors bad questions or concerns, they contacted Pathways management and asked for a response . • In this neighborhood no one called Pathways management. Instead, neighborhood leaders circulated a flyer containing defamatory and unsubstantiated allegations designed to promote fear and hysteria, and rallied residents to appear at the City Council meeting to demand some kind of action . This individual bas presented no threat to anyone in the neighborhood . He was born with mental retardation and with developmental needs that require support and supervision . He likes to keep to himself He is proud of his house and helps care for it. Neighborhood children have played in his front yard on several occasions without 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 neighborhood . Instead he bas been falsely portrayed u some sort of violent threat to neighborhood children . His address bas been published in a slanderous flyer that was distributed to 200 households throughout the neighborhood and beyond . He bas been made a target offear and dislike . He bas done absolutely DQtbina to deserve this, except to be a penon with diubilities who looks a little different. I ask you to imagine how his parents must feel knowing he bas been singled out and branded u some kind of community threat . How would anyone here feel if this were done to their son or daughter? ' . ' .. •· • 0 , . ]- I • \ ,. • . • ' I want to be very clear that Pathways does not blame neighbors for having concerns. especially those who reacted after seeing such an inflammatory flyer . It is common for neighbors t.o be curious and sometimes concerned about their new neighbors with disabilities, and we welcome the opportunity to talk with them by phone or in neighborhood meetings . Our objection here is to the mamer in which the authors of the flyer chose to pursue their concems. They did not contact Pathways management to discuss their concerns. They did not contact Pathways to check or verify the information published in the flyer . They did not seek solutions short of invading this individual's privacy and trying to hound him from his home . In more than 20 years of dealing with neighborhood concerns about integrating people with disabilities into residential neighborhoods, I have never encountered a defamatory attack of this kind on an individual with disabilities. Pathways requests that those responsible for publishing and distributing the flyer publish a signed retraction and distribute it, along with this or a similar statement from Pathways, to the same persons receiving the first flyer . We hope that the City Council will encourage those responsa"ble to take this corrective action . We desire that this situation be remedied in a fair and civil manner, but if necessary our organization will seek legal redress from those who originated the flyer for the clear violation of this person's right to live privately and peacefully in his home. We appreciate the efforts of the City of Englewood to resolve this situation, and to do so without further injury to this individual. 6' ~ ' .. 'I • .. • • 0 ~ The AIR LIFE Memorial Park ~ The Air Life Memorial Park is dedicated to Julie Olmstead, and AIR LIFE crew members Pete Abplanalp, Leslie Feldmann, and Beth Barber who lost their lives in a tragic accident and related helicopter crash December 14, 1997 on Sante Fe Blvd in Littleton . The Memorial Park is being built as a permanent remembrance _of thos~ who dedicated their lives to saving the hves of others. Designed by Andrew Dufford and Christen Muller of Artscapes LLC. the Memorial Park is planned for the Mary Carter Greenway on the Platte River Bike Path, along Sante Fe Drive, the site of the helicopter crash. Th e Memorial Park will feature : •A large public rest stop •A chiseled rock water feature of duc ks ascending in flight •Special landscaping will also be adde d to soften the traffic sounds and beaut i( the park •A stone face with birds circled in fligh t and a carved bench for quiet reflection When you awaken in the morning s hush I am th e swift uplifting rush Of quiet birds in circled flight . I am the soft star that shines at night. Do not stand at my grave and cry. I am not there ; I did not di e. The verse etched into the stone face . . ' • • • '· Your Support Your generosity will help us construct this beautiful memorial honoring the contribution made by these everyday heroes. For further information Contact AIR LIFE Administration (303) 360-3251 Donations can be directed to: Air Life Memorial Park c/o HealthONE 600 S Cherry Street, Suite 217 Deaver, CO 80246 6 r. The AIR LIFE Platte River ~ Memorial Park ~ Mary Carter Greenway Littleton, Colorado . ' 700 F\,tomac Street Auroro , CO 80011 Adminiotralion (303) 360-3251 FAX (303) 360-3227 800-247-0257 • • • ]- - • «tu~ -~'"ldu~,tw.,11. ,-.wu,,r~~·--" )f-i<,tfnn/4ut,.ur.,..Mtfuitt 1 _f"'.~rt1.rdu.J,11uW:1u~ hfl..'"l'~,U'°"f'M'41 .. U!A1,,. l h'f..lt.llt~/,w{ut 4t • • ·-• <' 'll MEMORIAL R..EST STOP ,•, •.-\ .... . , j •• •• •• '. ce't). 'l i· -'· p/7 ,,. \ l ' o~~:~:-~ ,·:~~; ~ ~-V '•~ .... ·-' . 1 - ......... ., • I/ • • -• I' / () " \ .. . . 'W . ·t"'~)~~~ ~ ) ~: ... ~ l ~ .... ._.. ·. ........ . .. .,.. w• • I • 0 - ]- - • Mr Stan Lange Clean, Green & Proud Commission Englewood, CO April 17, 1998 • • • RECE'1VfJJ CITY MANAGERS OFF !C E ENGLEWOOD . COLORADO Dear Stan , I knOw that this letter confirming our phone conversation is late, but recent hap- penings have left me with little time for personal matters . Ptease forgive my tardiness. Due to two recent deaths in my family and a change in employment I cannot continue as a productive member of the CGP . I have thorOUghly enjoyed the time I could spend with you and the rest of the Committee and wish I could continue to sup- port your good works, but I cannot give my fair share to the effort, so in fairness to the rest, I must resign . Thank you all for your patients and forbearance . s-.;7Ld/:L Mike Dilatush .. • . • • 0 • • • • • 0 I • • ... PROCLAMATION WHEREAS . emergency medical services are a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day , seven days a week; and WHEREAS, access to quality emergency care dramatically improves the s urvival and recovery rate of those who experience sudden illness or injury; and WHEREAS, only a third of Americans rate their households as being "very well prepared" for a medical emergency ; and WHEREAS, emergency medical service providers have traditionally served as the safety net of America's health care system ; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS . approximately two-thirds of all emergency medical service providers are volunteers; and WHEREAS , the members of emergency medical services teams, whether career or volunteer engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS . Americans benefit daily from the knowledge and skills of thes e highly trained individuals; and WHEREAS , it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and appropriate use of the EMS sy stem will help reduce national health care costs ; and WHEREAS, the City of Englewood is especially proud of its Emergency Medical Services ; NOW THEREFORE. I , Thomas J . Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of May 17 through May 2S, 1998 as : EMERGENCY MEDICAL SERVICES WEEK in t h e C aty of Englewood , Colorado and encourage all citizens to observe Emergency Medical Se rvices during this week with appropriate programs , ceremonies and activities. GIVEN under my hand and seal this 4th day of May , 1998 . ' I • • 0 ' - • • 0 • PROCLAMATION WHEREAS , emergency medical services are a vital public service ; and WHEREAS , the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS , access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS , only a third of Americans rate their households as being "very well prepared" for a medical emergency; and WHEREAS, emergency medical service providers have traditionally served as the safety net of America's health care system; and WHEREAS , emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians. paramedics, firefighters, educators, administrators. and others; and WHEREAS , approximately two-thirds of all emergency medical service providers are volunteers ; and WHEREAS, the members of emergency medical services teams. whether career or volunteer engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS , Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS . it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week: and WHEREAS . injury prevention and appropriate use of the EMS system will help reduce national health care costs ; and WHEREAS . the City of Englewood is especially proud of its Emergency Medical Services: NOW THEREFORE. I , Thomas J . Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of May 17 through May Z3, 1998 as: EMERGENCY MEDICAL SERVICES WEEK in the Cit y of Englewood , Colorado and encourage all citizens to observe Emergency Medical Services during this week with appropriate programs , ceremonies and activities. GI VEN unde r my hand and seal this 4th day of May, 1998 . Thomas J . Burns, Mayor ,- "' Printed on Recyc led olCI.,, ,:;,.'!?, ' I • • f 2 -• 0 - .... L COMMUNICATION 9a Staff Source Subject Case OR-98-02 Comprehensive Zoning Ordinance Amendment-1-1 and 1-2 Industrial Zone Districts Tricia Langon, Neighborhood and Environmental Technician to the 1-1 and 1-2 Industrial Zone Districts of the on first reading on April 6 , 1998. Council set the public ny during the Public Hearing on proposed to 1-1 Light Industrial and 1-2 General Industrial zone ial zone districts throughout the city . This proximity evelopment impacts might affect adjacent residential , City Council directed Neighborhood and Business sections of the Englewood Municipal Code . Council azardous waste storage uses in the industrial districts the proposed amendments to 1-1 , Light Industrial . and ublic Hearing on March 3 , 1998. The Commission regulations addressing automobile shredding and ns in the 1-1 and 1-2 zone districts. The proposed -wide . An Industrial Zone District Moratorium for the Delaware , initiated to address industrial impacts on . Th is Ordinance . if moved steadily forward , wou ld Not ice of Public Hear ing was published in the Englewood Herald on April 10 , 1998. I· • ' ? - • • • • • effons with the major automobile manufacturers uti- lizing the expenise of professional auto recyclers. BMW of Nonh America initiated a pilot program with ARA which established three ARA members as offi- cial recycling centers for BMW automobiles. ARA is also an official collaborator with the Vehicle Recy- cling Pannership (VRP) fo ed by Ford, General Motors and Chrysler to study the enhancement of au- tomotive recycling. ARA advocates the participation of the automotive recycling industry in all public or private studies and projects dealing with the disassem- bly and recycling process in automotive design. Today's automotive recycling industry-an ex- isting recycling system-continues to be a leader in the environmental push toward a "greener" tomorrow. ARA has provided s uppon to these efforts for over half a century and will continue to assist auto recy- clers in providing a high quality, low cost alternative for the automotive consumer . -~ 3975 Fair Ridge Drive Suite 20 -North Fairfax. VA 22033-2924 U.S.A. Phone: (703) 385-1001 • Fax: (703) 385-1494 0 Pnnltdonro;,1..kd~ --- -. .. J • • 0 . . f ,I - - • • • 0 • .... .., ........ The automotive recycling industry-with $5 billion in (U .S .) sales annually-plays a necessary and crucial role in the efficient. ecological disposal of in- operable motor vehicles. Although sometimes known as auto salvage dealers. automotive recyclers deal strictly in the recycling of motor vehicles-i.e .. do- mestic and foreign automobiles, light and heavy -duty truck s, buses and motorcycles. From the earliest days of motorized travel. au- tomotive recyclers have been leaders. These entrepre- neurs deve loped a di sasse mbly process for salvaged automobiles in order to reclaim reusable ,~ I~ In addition to conserving natural resources, au- tomotive recyclers play an important role in reduc ing air and water pollution, and solid waste generation. Automotive recyclers must abide by stringent local and national regulations on dealing with waste generated by salvaged automobiles. Many individual automotive recyclers have also instituted their own unique pro- grams to further reduce the potential effects of harm - ful materials to their businesses and communities. TIie .......... ..., ............. .. Since 1943 , the Automotive Recyclers Assoc ia - parts and components. and. thus. establi shed an efficient auto· ~ d.'-'-"· motive recycl ing system . ~ WRECKED AUTO tion (ARA) has represented an indu s- try dedicated to the efficient re- c:>, '~(), moval and reuse of automo- For over 75 years auto-TESTING & motive rec yclers have CLEANING "£ live parts. and the safe di s- VI~~ Je posal of ~noperable mo- tor vehicles. ARA ser- ,10 <¥ been providing local e mpl oy ment. con- sumer service. and en- vironmental conserva- ti o n. worldwide . .,~ vice s approximate ly 2.000 member com- panies through di - rect member s hip and 3.500 other companies through 54 Affiliate Chapters worldwide . ARA is the 0 Automotive recy- clers serve a vital role in preserving natural re - l>Ollrce~ and reducing the demand for scarce landfill ~pace . For example , the in - dustry recycles over I 0 million motor vehicles (i n the U.S . a lone), thereby A111<>111oril'e Recyc/erl practice th e most effi ient a,1d pure st /om, of recycling · reuse (as this diagram shm,·s/. only trade association serving the automotive re- cycli ng industry in 13 countries internationally. ARA aim s to further saving an estimated 85 million barrels of oil that would otherwise be u~ in the manufacture of new replace- ment pan,. Additional energy and resource conserva- tion is realized by recycling rebuildablc "core" pans to the automotive parts rebuilding industry. The auto- motive recycling industry also s upplies approximarely 37 percent of all ferrous scrap 10 the scrap proces ing industry . the automoti ve recycl in g industry and it s benefits to the environment and soci - ety by assisting members through various services and programs. ARA encourages aggressive e nvironmental management programs to assist member facilitie~ in maintaining proper management techniques for fluid and solid waste materials generated from the disposal of motor ve hicles. ARA continues to pioneer ve hicle recycling ' • . . •· • 0 , ]- • • ,,,_ • - COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-98-02 Comprehensive Zoning Ordinance Amendment -1-1 May 4, 1998 •• and 1-2 Industrial Zone Districts Initiated By Staff Source Tricia Langon, Neighborhood and Business Development Neighborhood and Environmental Technician COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed amendments to the 1-1 and 1-2 Industrial Zone Districts of the Englewood Comprehensive Zoning Ordinance on first reading on April 6, 1998. Council set the public hearing for May 4, 1998. RECOMMENDED ACTION Staff recommends that Council consider testimony during the Public Hearing on proposed Comprehensive Zoning Ordinance amendments to 1-1 Light Industrial and 1-2 General Industrial zone districts. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED Industrial zone districts adjoin or abut residential zone districts throughout the city. This proximity generated citizen concern that heavy industrial development impacts might affect adjacent residential neighborhoods. Responding to those concerns, City Council directed Neighborhood and Business Development staff to review the industrial district sections of the Englewood Municipal Code. Council specifically requested review of car crushing and hazardous waste storage uses in the industrial districts across the City. The Planning and Zoning Commission considered the proposed amendments to 1-1, Light Industrial, and 1-2 , General Industrial, zone districts during a Public Hearing on March 3, 1998. The Commission recommended approval of the amendments. The proposed amendments are to zone district regulations addressing automobile shredding and hazardous waste storage and processing operations in the 1-1 and 1-2 zone districts. The proposed amendments affect all 1-1 and 1-2 zone districts city-wide . An Industrial Zone District Moratorium for the area bounded by Yale to Dartmouth, Santa Fe to Delaware, initiated to address industrial impacts on residential neighborhoods, ends on July 13, 1998. This Ordinance , if moved steadily forward , would become effective by that date. Notice of Public Hearing was published in the Englewood Herald on April 10, 1998. ., •· • 0 • • · .. • A summary of industrial zone district revisions follows: Use 1-1 current Automobile prohibited shredding Automobile conditional wrecking use Hazardous pennitted waste storage or orocessina Biological (not waste previously processing listed) FINANCIAL IMPACT No financial impact to the City. UST OF ATIACHMENTS Proposed Bill for Ordinance 1-1 1-2 . current - prohibited prohibited condlllonal pennitted UN condltlonal pennitted 1188 prohibited (not previously listed) ,,,_ . ' \ r • ' ' ~ 1-2 Note . -prohibited automobile shredding defined; use remains prohibited permitted definition clarified and expanded; no change in use status .. COINlltlonal new definition; UN use becomes conditional prohibited adds this use to prohibited list • • 0 I I ' , ]- • ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR ,~ COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER.~~~~~~~ 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 diatricta adjoin or abut residential zone districta 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 diatricta in the City of Englewood, Colorado; and WHEREAS, the Englewood Planning and Zoning Commission 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<;tjon 1. The City Council of the City of Englewood , Colorado hereby amends Title 16, Chapter 4, Section 13, entitled 1-1 Light Industrial Diatrict, of the Englewood Municipal Code 1986, to read as follows: 16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT: The 1-1 Industrial Diatrict is compoeed of certain induatrial areu of the City plua certain open areas where similar induatrial development appean likely to occur. The 1-1 Industrial District should be lccated near major roadway, and truck routes ao that traffic generated from the Industrial Diatrict will not flood the residential streets in the area. The regulationa for thia Diatnct are deaigned to stabilize and protect the e1111ent1Al characteriltics of the Diatrict u well a, the areas sWTOunding the District. To these ends, development ia limited to licht induatrial use s plus ce rtain uses proVlding aervioes to the area . and regulationa are eatabliahed to proV1de for adequate screenmg and to govern the Diatnct. Both to protect residences from an undesirable environment &n.d to enaure the reaervatioo of adequate areas for industrial development , new re1idenllal development ia excluded from this Di s trict. except for caretaker facilities and for mobile home parka for which a Development Plan ha, been approved . In recognition of the P"OWtnC importance of manufactured bouamg m the national housing supply and the necessity for upgrading exiating mobile home parks within -I - • . .. • • 0 ]- ] • • I• • ,. 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 Chapter *5. General Regulations, of this Title, unless otherwise provided for in this Qriliz ee 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 Section 16-4-15 of this Chapter for development procedure . C. 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: l. Any use permitted in the B-2 Business District excluding residential use except as permitted in Subeection C(2), mobile home parks. Each permitted use from the 8-2 Zone District must also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unlesa specifically modified by this Section. 2. Mobile Home Park Development. see Development Procedure and Standards, Subeections N and O of this Section. 3. Manufacturing, Proceuinc And/Or Fabrication: The manufacturing, procesaing and/or fabrication, as enumerated and limited herein, of any commodity except the followin& which are prohibited : Abruive1, ba1ic manufacture. Alcoholic diatillation. Animal by-productl, balic manufacture and proceuin&. Alphalt, manufacture and proceuiq. AUTOMOBILE SHREDDING, CRUSHING , BALING , COMPACTING AND SIMILAR OPERATIONS . BIOLOGICAL WASTE, PROCESSING . Bone black, buic manufacture. Carbon black or lamp black , buic manufacture . Chan:oal, buic manufacture. Cbemicall, heavy or indUltrial, buic manufacture or proce•in&- Cinder and etnder blocke, buic manufacture or proceuin&. Coal or coke , manufacture or proceuin&. Concrete and concrete productl, manufacture or fabncation. Detersent1, eoap1 and by-producta, IUIDI ammal fat, baaic manufacture . Fermented frwtl and veptable product1 , manufacture. Fertilizen, manufacture or Procauull· Funsicidea, manufacture . Gaue1, other than nitropn and ~pn, manufacture. -2- • .. • • 0 - Glass manufacture. Glue and size, manufacture. Grain milling. • • I• • Graphite, manufacture. Gypsum and other forms of plaster base, manufacture. Insecticides, manufacture. Insulations, flammable types, manufacture or fabrication . Matches, manufacture. Meat slaughtering. Metal sbreddin«, ame ahtelititllc and similar operations. Metals. extraction or smelting. Metals, ingots, pigs, sheets, or bars, manufacture . Oils and fats, 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 mills. Serums, toxins, viruses, manufacture. Sugars and starches, manufacture. Tannery. Turpentine, manufacture. Wax and wax products, manufacture . Wood preserving by creosoting or other preaaure impregnation of wood by preservatives. 4 . Sale At Wholesale Or Storage: The sale at wholesale. the warehousing and/or storage of any commodity except the following which are prohibited: a. Live farm animals. b . Commercial expl011ivea . c . Aboveground bulk atorace of flammable liquids or cuee•. unleu and only to the extent that the storage of such liquida or cuae• ia directly connected with enercY or beating devicea on the premise• or to service railroad locomotivea . 5. Sale At Retail: The sale at retail of the following: a . Hardware. b . c . Any commodity manufactured , proceSHd, fabricated or warehoused on the premises. Eqwpment, auppliea and materiala (except commercial explOllivea) deaicned especially for use in acnculture, mining. induatry , buaineaa , transportation , buildinc and other conatruetion - -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 . ls 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 . ls 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. ls provided with entrances and exits so located as to minimiz.e traffic congestion. d . ls provided with barriers of such type and so located that no parked vehicles will extend beyond the yard space 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 . Greenhollllt!. 9 . Newspaper distribution station. JO . Parlung and/or commercial storage of operable vehicles . I I. Railroad facilities , but not includins abopa. 12 . School for training in occupati onal akilla , enrollment may be open to the public or limited , may include dormitoriea for atudenta and inatructon. I 3 . Terminal for intracity or intercity vehicle• for movement of persons or freight. 14 . Wa rehousing a nd/or s torage . 15 . Recycli ng operations, including, but not limited to, the proceuing of ba tteries, cons truction waate , food waate , paaa , metala and/or alloys, p aper s, plaatice a nd t1tt1 which compliea with Subaection C(J5)(a ) ofthia Section . as bated below . Buyback centers that do not prooeaa recycled ma tenala and ,tore theu materiala withm an encloeed atructure or a roll- off con tamer, ae mi -tratler, or amularly ae lf-oontained apparatua aball be exempt from t.lua Subaection C(J5). -4- •· • C , ]- • • • - 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 encloeed structure, see Subsection J(l)C 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, dust, 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: l. 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 gross 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 1-1 building site abuts upon, adjoins or is adjacent to a residential zone diatrict, aetback of tA!n feet (10') is required except as provided in Subeection L of tbia Section. Thia does not apply to mobile home parks. G . Minimum PrivatA! Off-Street Parking: (See Chapter-H-5 of tbia Title . General Regulations.) H . Minimum Private Off-Street Loadinc: (See Chapter-H-5 of this Title, General Regulations .) I. Acce880ry Buildinp And Permitted AcceMOrY Uaes : Any acce880ry building or use incidental only to permitted principal uae , which accesaory building or use complies with all of the followinc c:oodibona : 1. Mobile Home Park Planned Development: a . Service building. b . Park office a nd manqer'1 livina umt. c. Recreational faalitiea , both indoor and outdoor. provided for the uae of occupantl of the park and their pe1t1. d . Stora1e umtl a nd bwldinp. -S - ---------~-- ' ' • • l • 0 - - • • I• • ' e . Private off-street parking, may be enclosed. f. Vending machines for the convenience of the occupants of the park, i .e ., aoft drink, candy or ice-dispensing machines. g. Day care center. 2 . All Other Permitted Principal Uses: The acceBBOry use shall: a . Be clearly incidental and cuatomary to and commonly 8880ciated with the operation of the permitted principal use. b. Be operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot aa the permitted principal use. c. Not include structures or structural features inconsistent with the permitted principal use. d. Not include residential occupancy other than by caretakera or watchmen. e . Be limited to a gross tloor area of not more than ten percent (10%) of the area of the lot on which the permitted principal use is located, if the a<XletlllOrY use is operated partially or entirely in detached structures. f. Not be greater than ten percent (10%) of the grou tloor area of the structure containing the permitted principal UN if operated partially or entirely within the 1truc:ture containing the permitted principal uae (except garage,, loadina docks and company dining rooms). J . Conditional U1e1: Provided the public intereet ie fully protected and the following UNI are approved by the City Planning and 7.oninc Commiaaion and City Council: 1. Uaea : a . Automobile wreckinc yarda and junk yarda. (1 ) Any automobile wreckinc yard or junk yard opened after the effective date oftbia Qrd " e SECTION ,hall be on a parcel or adjomins parcel.a of not le11 than one acre but not to exceed one and one-half (l 1/1) acre,. (2) Any automobile wreclunc yard or junk yard approved plll'luant to the proviaiona of tbia 9rd" 1 SECTION or any eJtiatinc automobile wreckinc yard or junk yard expanud under the provialODI ohhie 9rdiM.w SECTION, ,hall be aet back no leea than one hlllldred 6Ay feet (150') &om the boundary line of any reaadential -diltnct. (3) Any automobile wreckins yard or Junk yard appl"Oftd punuant to the pl"OVWOIII ol tJue 9: # 11 SECTION ahall be encbed -6- -------- ;- . ' • .. • • 0 , __ • • • • on ita perimeter with a aolid, nontranaparent vertical wall or fence with a minimum height of six feet (6') and a maximum of twelve feet (12') meuured from pound level. Fences of woven wire or chainlink materials shall be prohibited. (4) Any automobile wrecking yard or junk yard appH s e~ , •• -... • le Ille prari1i111 ellhia 9rd · ..tall J•• ellialilll ae lhe e• li:c llate elehia 9,d · e •hall COITTply with Title 5, Chapter 10 of the Enclewood Municipal Code, aa amended, elltlitle• 1'.tllle Wre J · 1 aatl 4'11111111 \teaiwt, and all other applicable codn or ordinances. (5) Any automobile wrecking yard or junk yard which ia liceneed by the City on the effective date ofthia 9r4· ee SECTION ahall 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 abuttinc property, provided that such expanded yard conforms to the requircmenta of thia and any other applicable codes or ordinances. b . Amusement Ntablishmenta including, but not limited to, billiard halls, bowline alleys, coin-operated pmea, dance balla, electronic or video pmea, night clubs, outdoor a.nmercial recreational facilities, pool balla, or skatinc rinlu. c. Recycling operations, including, but not limited to, the proceaainc of batteries, c:onstruction wute, pau, metals and/or alloys, paper, plastic:a and tirea, excluding b,d wut.e, automobile wrecking yards and junk yards u cited in Subeectiaa J(l)(a) of dlia Section. Buyback cent.en that do not proceN NCyded matllriala and atore their matllriala within an endoaed lltrUctm9 er a roll-a« container, semi- trailer, er aimilarly self-coataiw apparatua aball be esempt from this Subeectiaa J(l)(c). (l) NflY NC,ded material maaur.cturint opened aft.er the e&cti~ date of dlia Subsectioa J(l)(c) shall be located on one or more c:oatipoua parcel(s) which total area shall not be Ina than one acre. (2) Tbe manufac:turinc and st.orap of all pl'CICHNd and unp~ materiala shall be enclaNd with a solid. aomnnaparent vertical wall• --with. mamnum beipt of eipt fNt (8') on the parosl(a) ftoamaae and twelve feet (12') OD the paroel(s) me and beck boundariae. ,_ of woven plMtac. win -clwn link shall be pralul,ited. 3) Tbe stockpilinc of all p~ and~ materiala shall not.~ the beipt of the wall•--· (4) No -than -nty-&w pal'CIDt (75'6) of tbe parcel(•) total -may be utilized for the__.... of prac1111d er unp-«i materiala. .,. . ' .. • • 0 , -• • • (5) All recycled material manufacturing businesses operating under a conditional uae provision shall be subject to yearly administrative compliance review of the adopted conditions. d . Temporary employment buaineases 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 cloaer than one thousand feet (1 ,000') from any residential zone district. (2) Shall be located no cloaer than one thousand feet (1 ,000') from any establishment selling alcohol by the package or drink. (3) Shall be located no cloaer than one thousand feet (1,000') from any public gathering facility . (4) With respect to the distancing requirements in this subsection between a buaine88 premiaes for which a temporary employment service ia propoaed and another uae, the distance shall be measured by following a straight line from the nearest point of the property line of the buaineu premises of the propoaed temporary employment service to the nearest point of a residentially zoned district or the property line of the specific uae listed . E . HAZARDOUS WASTE , INCLUDING BUT NOT LIMITED TO THE STORAGE , PROCESSING, COLLECTION, OR WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL OF THE CONDfflONS LISTED BELOW. (1 ) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO AU. 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 WITHIS AN ENCLOSED STRUC'IURE. STORAGE OF HAZARDOUS WASTE SHALL BE CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE OR wrnllN AN APPROVED ABOVE- GROUND STORAGE TANK. (4) HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A MINIMUM OF FIVE HU NDRED FEET (5()()') FROM THE BOUNDARY LI NE OF ANY RESIDENTIAL ZONE DISTRICT OR PARK. -8 - ' < .. .. • • 0 , I -• • • (5 ) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL CONDITIONS OF SUBSECTION K : LIMITATIONS ON EXTERNAL EFFECTS OF USES. K. Limitations On External Effecta Of Uses: Every uee estabhahed or placed into operation after the effective date ofthia 9:aiaaw SECTION shall comply forthwith with the following limitabona. All uaea etltabliahed and in operation on the effective date ofthis Qr~im:nee SECTION shall be made to comply with the following limitations: 1. Volume Of Sound Generated: Every use, unless expressly exempted by M1i11 9rmnsnee THE CITY COUNCIL, ahall be so operated that the volume of sound inherently and recurrently generated does not exceed seventy (70) decibels at any point of any boundary line of the lot on which the use is located. 2 . Vibration Generated: Every use shall be so 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 flammable or explosive liquids, solids or gasses shall be stored in built above ground. Tanks or drums of fuel or railroad locomotive fueling or directly connecting with enel'IY devices, heating devices, or appliances located on the same lot as the tanks of drums of fuel are excluded &om thia prvviaion . b . All outdoor atonse facilitiee for fuel raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities , fuel, raw materials and products &om adjacent residential districta; provided, however. that such fence or wall need not exceed eight feet (8') in height. c. No materials or wast.ea shall be deposited upon a lot in such form or manner that they may be transferred off' the lot by natural causes. 5. Liquefied petroleum gaa inatallabOna ahall conform to current Fire Code requirements. 6 . No use shall be undertaken in a manner that creates a common nuisance . L. Screening: In an effort to leuen the lDOOmpatlbility between a residential distnct and an mduatnal district where thc.e distncta abut. adjoin or are adjacent. one to the other, 1t 18 deemed neceaaary that the owner of the uae in -9- • 1' . ' • . .. ., • • 0 I - - • • . • ' 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: l. 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 1lllleeetia11111 16 t 171!:5 , 16 t 18Clg aali E.M.C. 16·S-14. M. Landscaping: ~ Landscaping SHALL BE IN ACCORDANCE WITH Qrllinaaee 16 t 18 ef this Title. N . Procedure for Development of Mobile Home Parka . l. Mobile Home Park Development Plan required. At the time the application is submitted for the Mobile Home Park Planned Development, either for the expansion of an existing park or for a new park, the applicant shall submit twenty-five (25) copie1 of a Development Plan for the proposed park. Thia plan ,hall comply with all applicable City code1 and with the provisiom of thie Chapter and ,hall include all of the information in Subeection N(2) bereol. 2 . The procedure for proceuanc the Development Plan ,hall be in accordance w,th eee11ee E..M .C . 16-4-15 ahhe c-puheaaiue J1 I Qr4tnaw. however, where adcbtaonal mformataon or apecific procedun ta reqwred berem, thoee provwona ,hall pnmul. • . • • • • ·, • .. • 0 . Standards for Development of Mobile Home Parks. I. 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 &om 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 apace shall not exceed five percent (5%) and an adequate crown or C1"08ll-gradient for surface drainage shall be provided. 2 . Information to accompany the Mobile Home Park Development Plan. A complete Development Plan for the purpoee of obtaining a Mobile Home Park permit shall be drawn to scale (not smaller than 1 • equals 20') and •hall show or state: a. The area and dimenaiona of the tract of land. b . Contoun when topography ia a design factor and required by the City Engimer. c. The number, location, and aile of all mobile home dwellinc unit spac:ee, with each apace cleaipated u "mobile home" and •bowinc the location al the individual lt.Orqe building, fencinc, outdoor livability area, and 1emce .,_. d . The location and width al all internal roadway• and aiclewalka. e . The location and me al aut.omol,ile parkinc Iota and layout of parkinc ..,_ and manellYWinc areaa . f. The location al the leffice buildinp and any other uiatinc or propoeed atruc:turN, indudinc the outline of the atnlCturN and overall dimenaiona. g . The location and intended cle'Vlllopment of recreation facilitiea and other open areu, excludmJ parkinc and maneu'Vllrinc areu. b . The me and location of •natinc and proposed water and 1ewer connectiona, location of fire bydranta, and methoda to be uaed for trub and garbage diapoaal i. j . Ad.,acent atneta, abowinl ripta-af-way and roadway widtha. k . Adjacent buildinp, abow1J11 outlinn of the bwldinp and the number al floon . • I 1- ... • • 0 , • • • 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 propoaed 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 lot 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 ofita perimeter, its lot coverage shall be computed as one-half (1/z) the area covered by the roof. b . Where the lot is adjacent, and has acceu to improved common open space , other than vehicular areaa, and not leu 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 widths and areas ahall be as required to meet lot coverap and yard, mobile home and buildinc apac:inc , and other requirements aa eet forth herein .. So lone aa theee requirements are met, and the reeultinc layout oC the Iota is functional and provides for efficient proviaion of utilities and for convenient pedestrian and vehicular acceu, lot linH shall not be required to be perpendicular to atreeta or radial to c:urvea , and lot ahapea may take any form , provided, however. that in no cue shall any area on the lot more than fifty feet (50') &om the mobile home , nor any portion of the lot leu than ten feet (10') in minimum dimemion between oppoeinc lot lines , be included in required lot or open apace area. 7. Penmeter yarda. a . Adjominc public streets . Where one or more boundarie1 of the Mobtle Home Park Planned Development adjoin public streets, a yard of at leaat twenty five feet (25') in depth shall be provided adjacent to auch boundary. b . Adjoininc alley•. Where the boundary of a Mobile Home Park Planned Development adJome an alley , a yard of at leaat ten feet (10') in depth ahall be provided adjacent to 1uch boundary. -12 - -----. ., • • - 8 . • • • I • • 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 twe.nty feet (20') in depth shall be provided adjacent to such boundary. e . Exceptions. If determined necessary in order to provide protection to residents witbin a Mobile Home Park Development from excessive traffic noise , lights or other adveree 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 Commission 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 apecifically provided, the yard may be included in individual Iota and used to meet yard or area requirements for the mobile home thereon, if the yard is appropriately located and improved. g . Limitationa on use of yarda adjoininc reaidential districts. No group parkinc facilities and no active recreation facilitiea for common use lhall be located in any required yard adjoininc Iota in a residential district. Livable open apace on lots. Livable open apace shall be provided on Iota for mobile homea in an amount equal to not lesa than ten percent (10%) of the lot area, provided that in no cue lhall the required livable apace be leu than three hundred (300) ,quare feet. Such required livable space shall have a leut dimenaion of not lesa than fifteen feet (15'). Such apace shall be located for privacy, convenience and optimum use and ahall be walled, fenced or planted to aaure reuoaable privacy. Witbin auch area , an area suitably surfaced for the placement al prden or lawn furniture ahall be provided, which aurfaoed area ahall be not less tban one hundred (100) ,quare feet in area with a leut dimena1on of ten feet (10'). The aurfaoed area may be a movable element m order to permit maximum Oeubility m providinc for a variety of mobile home widtba, fl oor plana and locatiom on the lot. Thia area may be covered with a roof, creating a recreational •helter, aubject to limitations on maximum lot coverap. Parking areu and driveway• •hall not be mcluded in required liva ble open apace . -13- ,. - • . .. .; • • , -• • • . . 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 the8e 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 noiae , odor, glare or hazards from fire . It is intended in these regulations to relate requirements to performance of theae functions, allowing maximum Oe:ribility in detailed site planning and use in so long aa performance standarda are met. (2) Dwelling unit exposure and outlook. For purpoeea of relating requirements to function, yards and other open spaces around the mobile home dwelling units, distancea between dwelling unita and other buildings shall be determined by exposures and outlooks from the portions of the dwelling units involved. Exposures of portions of dwell.ing unita and the minimum open apace depth are defined and cluaified as follows: (A) Clua A -portions of walls containint principal livinl room ~ to outdoor livinc area throucb ..;or windows and/or paNed doon. Prime muideration here is direct view al.. and convenient ac:ceea to, outdoor livable apace . 1n cues where two (2) walls of the dwell.ing unit provide this type of expoaure from the livinl room , either may be selected aa the Clua A exposure, and the other shall be considered C1aaa C . Clau A exposures . Minimum open apace depth for Clua A expoaures aball be fiftiaen feet (1 5'). The Clau A exposure aball be to livable apace . required or other. on the lot. and not to parkmc area or driveway area. -14 - . ' • • 0 I ,.," I • ,.. • • (B) Class 8 . Portions of walls containing the only windows for bedrooms, or principal windows and/or glassed doors for bedrooms, where privacy, moderate outlook and light and air are principal considerations. Class 8 expoaures. Minimum open space depth for Class B exposures shall be ten feet (10'). This may include livable open space, and parking and driveway areas on the lot. (C) Class 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 Class A orientation, where windows involved do not involve privacy or are 80 located, shielded, or are of such a nature that necessary privacy ia auured, and where licht, air, and fire protection are principal conaideratiODII . Clua C expoauree. Minimum open apace depth for C1au C upoaures shall be eight feet (8'). This may include the aame types of open apace as for 8 . (D) Class D. POl'tiom of walla containinc no windows, doon, or other opeainp, but not 80 conatruc:ted or aafecuarcled u to be ellitabJe far auacbment to other dwellins uui&a or priDcipal bmMinp . Principal concern in auch cues ia with fire prot.ectiaD. C1au D elqlC)9Ul'N. Minimum open 1pace depth for C1au D upoauree shall be 6fl feet (5 '). Thia may include the -e types of open apace u for 8 . (E) Class E . Portiooa of walla containinc no window&, doon or other openinp, and 80 mnatructecl or aafecuarded u to provide at leut one-hour fire prot.ectioo if it were attacbed to another mobile home dwellinc unit or to a permitt.ed buildins . C1au E expoauree. No minimum open s pace 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 ifno 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 e.xpoeure . b . Individual recreational shelter. An individual recreational shelter as described in Subsection 0(8), enclosed for fifty perce.nt (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 space on the lot. c. Storage facilities . Storage facilities may be included aa part of the enclosure for carports and recreational ltrUCt\u'ea 1ubject to the limitations aet forth above . Independent storap structw'ell containing not more than one hundred (100) cubic feet of storage apace may be located in any portion of required open apace on the lot, provided that aa located and constructed such structures do not conatitute undesirable impedimenta to view or fire hazards. 11 . Spacing of mobile home dwelling units on adjacent Iota . Minimum required clistances between mobile home dwelling units, or additions thereto enclosed for more than fifty percent (50%) of their perimeters, shall be the sum of the required diatancea for the expoeurea involved. 12 . Equivalent spacing alternative . Al. an alternative to providing required open space between units or portions of umta aa the sum of adjoining open spaces on individual Iota, where equivalent apacinc can be ueured in a form appropriate to the exposures involved by decreaain& clearance from the lot line on one lot and increaain& clearance from the lot line on the other. this arrangement may be permitted. provided that acceu for servicin& and mamtenance of unit.II involved can be aaaured , and further, proVJded that mirumum open apace depth for Clue A exposure, lhall be located on the aame lot aa the unit. Thua, for example, m a row of Iota on which Claaa A exposures faced Claaa C exposure,. call.inc for minimum open space depth of fifteen feet (l 5') on the Iota with Claaa A eltJ)Oeure and eight feet (8') on the Iota with Claaa C, the UNt.11 could all be moved -16- • • 0 I - • • • . ' • .. to the lot line on the Class C exposure side if the minimum depth on the Class 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 less 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 precut ooncrete block with a base not less 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 etandards or shall be completely encloaed from the floor to the ground with a noncombustible material. Encloeures shall be vented by the installation of two (2) openinp not leu than one square foot each, located at diagonal corners from each other and covered with a corrosion- resistant screen or grill having openinp not less than one-quarter inch (1/,) nor more than one-half inch (1/1") in any dimenaion. One acceaa door, a minimum of eighteen inches by twenty four inches (18" x 24"), shall be inatalled in the akirting 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 ehall be protected again.at wind force, by the inatallation of overhead ties and frame ties ancborinc 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 tie, per 1ide . (4 ) Over-the-home ties u cloee to each end u pou1ble with straps at etud end and rafter location. (5) Posts for cabanas and a•DlllJ• must be securely anchored to a concrete patio or equivalent footing. Anchoring epecificationa. (1 ) Aucer or deadman type anchon , 6 " in diameter. Arrowhead type anchon, 8" m diameter. ... •· • 0 I " .. I -----------------------.-=-----------==-------c-,~·~--------------- • • (2) Auger or arrowhead 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 , 'le" diameter with ends welded closed to form an eye. Must be hooked into concrete where used in deadman anchors. c. Tie and connector specifications. (l) Ties shall be galvanized steel straps l'/, 1 .035 or woven wire, galvanized or stainless steel cable 1/8" diameter or 1/, aircraft cable. (2) Connectors shall be turnbuckles 1/1" diameter of drop forged steel with ends welded or forced cloeed to form an eye or other tensioning devices of llimilar strencth. 16. Standards for street system. a . The street system within the park aball be eo cle8icned that access to all lots uaed for parking mobile bomee aba1l be from w1thm the park. No lot shall be ao laid out or improved as to permit direct aoceBS to any public street or hichway. b . Streets leading into the park from public atreeta and hichwaya shall be paved to a width of at least forty feet (40') for a diatance of at least one hundred feet (100') &om the public atreet or hichway , and no parking shall be permitted on aucb atneta withm 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) oftwenty~ipt feet (28') for one-way atreeta, thirty-eisht feet (38') for two-way streets, where parking ia permitted. For each aide of such streets on which parking ia prohibited, minimum width may be reduced by eisht feet (8'). d . Curves on all aoceBB roads shall have a minimum inaide radius of not less than twenty feet (20'). e . Dead-end streets may be used, provided that no s uch street ahall exceed four hundred feet (400') in iencth, and that such aueets 1hall be provided at the cloaed end with a turn around of at leut forty -five foot (45 ') radius at the outaide edp of the pavmc. {. All s treets within the park shall be built to City of Encle wood construcbon speoficationa, and ahall include curb and cutter. g . Signs s hall be placed at street interaectiona within the park des icnat.mc the mobile home apace numben located alone each atreet. The letten on 1ucb llicm ahall he a mmimum of three mcbe1 (3") in heisht and s hall be reflectorued. -18- . ' ' .. • • 0 I -• • • 17. Parking. In Mobile Home Parks, not le88 than two (2) parking spaces shall be provided for each mobile home apace . Parking spaces shall be conveniently located with respect to normal anticipated use by tenants and visitors and in relation to service facilities . Such parking spa.ce s shall be not less than nine feet by twenty feet (9' x 20'). 18. Walkways . Concrete walkways not less 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 abutting 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 height and of solid construction. If vegetation is used 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 screening shall be permitted to extend into any required exterior yard at a height or in a manner which materially impedes the visibility of a motorist exiting fi:om the park onto a public street. 20. Recreational area. For children's play and adult recreation, not leBB than eight percent (8%) of the gross area shall be set aside and appropriately improved, and this area shall not be used for any other purpose. The children's play area shall be so located and protected as to minimu.e danger from traffic. Recreation areas may include space for a community building and community use facility such aa indoor recreation area, swimming pool or hobby workshop . 21. Lighting. a . Street and yard lichts shall be provided in such number and intenaity as to inaure safe movement of vehicles and pedestrians at rucht. b . Each service building 1hall be adequately lichted inaide, and shall have outside lichts larce enouch to illuminate the immediate area , which lights 1hall be placed in auch a manner that identifymg aicns a re readable at rucht. 22 . Clothes drymg area required . Adequate inaide drying faahuea adJacent to the washing faciliues in the service building ahall be pl'OVlded . Umbrella-type drying facilities may be inatalled in the indivulual mobile hom e apace as a part of the basic facilities . -19 - •· • 0 , - - • • • • (. 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 of2A-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 parka . Every mobile home park shall provide adequate sanitary facilities for emergency wie in a service building or buildings. These facilities shall conaiat of at least one fluehtype toilet and one lavatory for each sex. Such facilities shall be maintained in a clean and aanitary condition and in working order at all time . b . Additional service building requirements. Service buildinp: (1) Shall be located at leut fifteen feet (15') from any mobile home apace . (2) Shall be of moiature-re1iatant material OD the imide, to permit frequent wuhing and cleaninc and ahall be adequately lichted. (3) Shall be al permanent conatruction of one-hour fire ratmc, complying with City of Enclewood Buildins Codel. (4) Shall have adequate heatiDJ facilitie1 to maintain a temperature of lixty ei(ht depees (68') Fahrenheit durinc cold weather, and to 1upply adequate hot water durinc peak hour demanda . (5) Shall have all room• well ventilated with all openinc• effectively acreened . (6) Shall provide aeparate compartmentl for each water cloeet, adequately acreeninc other compartmentl from yjew . The toilet and other aanitation facilities for malee and femalea ,hall be either in aeparate bwldinp or aball be aeparated, if in the 1&me buildiq, by a aoundproof wall . The aanitation facilitie1 for malee and female, ,hall be diatinctly marked to denote the aex for which they are intended. -20- ' I • • 0 , -I - • • • • t• . • ' '· 25. Water and sanitary sewer service and plumbing regulations. a. Water supply. (1) An acce88ible, safe, and potable supply of water, with a residual preesure of not lees 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 exprees approval has been granted by the City and plans and specifications for the water eyatem have been approved by the City and State Department of Health. b . Public -er aystem connection required. Parke shall be connected to the public -er eyatem , and auch connection shall be approved by the City. All aewqe diapoaai apparatus, including appurtenance, thereto, lhali be provided, maintained and operated eo u not to create a nuiaance or health hazard. The uaqe of the -er lhali conform to all City ordinancea. c. Plumbinc reculatiooa. All plumbinc in the mobile home park ahall comply with State and City of Enciewood Plumbinc Codea and Reculatioaa. J6. Electrical requirement.a . a . Servaa. (I ) Electrical aemma in mobue ~ parb aball comply with the requirementa of the Natiaaal Electrical C.ode, the Electrical C.ode aC the State of Colorado , and the Municipal C.ode of the City of Enclewood. (2) Electrical di8tribution eyatema in mobile home parka ahall be imtalled undersround. Such inatallation aball be in conformance with the National Electrical Code . (3) Mobile home apacea •hall be provided with an approved raintight power outlet panel with pedeataJ containJ.Dc one hundred (100) amp . main diaconnect, one l lOV 20A GFI receptacle, and one receptacle rated at fifty (50) ampa . protected by a fifty (50) amp. circuit breaker. Each pede1tal ,hall be imtalled within eichteen inchea (18"') of the mobile home. The pedestal ,hall be permanently inatalJed on a poured concrete poat or approved metal frame NCUred in concrete aet thirty inchea (30") below ,rade. Bouom of pedeatal bouainc •hall have a minimum beisht of •ichteen mche, (18") above srade . -21- 11 - • .. • • 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 pa for cooking and heating units are subject to inspection for compliance with the State of Colorado law in liquefied petroleum gaaees. These units may be converted to use natural pa. For the aafety 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 Commiaaion shall be adhered to prior to gas service being provided. b. All piping &om outside fuel storage tsnb or cylinders to heating units in mobile homes shall conform to applicable state law and applicable Englewood City ordinances. All fuel storage tanb 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 ate law and applicable City of Englewood ordinances. 28 . Refuse diapoaal. The storqe, collection and diapoaal of refuse in the mobile home park shall be ao managed u not to create health hazards, rodent harborage, inaect-breedinc area, accident hazards, or air pollution. All. refuse shall be atored in Oy-ticht. water-ticht, rodent-proof containers, which shall be prcmded in aufficient number and capacity to accommodate all refuse &om the park. Satiafactory container rack.a or holden ahall be prcmded at permanent locatioaa, convenient to the mobile home spaces, in area appropriately ac:reened &om view , and shall comply with all health regulatioaa. Metboda of storage, collection and diapoaal are subject to approval of the Neichborhood Services Division. 29. Additions to mobile homes. a . No additiona ahall be built onto or become a part of any mobile home except: (1) Skirtinc of mobile homes u set forth in Subsection 0(14). (2) Cabanas, patioa or porches. (3) An attached 1arage will be permitted if it does not damage the intecrity of the mobile home . -22- .. •· • 0 , I • • • 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 leBB than one hundred (100) cubic feet of storage space. Such storage space 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 uobile homes. a . No mobile home shall be parked or permitted 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 &om 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 purpoaes unieBB the property is registered as a mobile home park. No mobile home shall be stored within any required front, aide or rear yard as specified by the Comprehensive Zoning Ordinance. c . Where an existing individual mobile home ia parked on a private lot and occupied as a dwelling on the effective date of this Section, it shall be regiatered with the Jt1ei1Wiarhu• 8eP1ieea 9i.iaiea CITY within ninety (90) days after the effective date of this ~SECTION. 32. Building permit required. a . No penon shall commence the development of land for a mobile home park, or alter, inatall or remove any ltructural improvement in any mobile home park without fint leCUrinc a building permit &om the Division of Buildins and Safety authorizinr such alterations , installation or removal. b . An application for a permit authorizin1 any structural installation, alteration or removal within an emting park or for the development of land for a mobile home park s hall set forth the following information, insofar as the same ia applicable and is known or can be ascertained by the applicant throush the exercise of due dilipnce. The application for a permit to develop land for a mobile home park s hall be accompanied by the approved Development Plan. (1) A survey by a repatered land SW"V9)'or abowinc the location, boundaries, dimensions a nd area of the propmed mobile hom e park. -23 - . . .. .. • • 0 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 a.rea. (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 tranaferable to any person 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 six (6) months after the date of iaeuance if conatruction baa not begun and is not dilisently pursued. e . All buildinp and utilities to be conatnlded , altered or repaired in a park shall comply with all applicable codes and encmeerinc apecificationa of the City of Enclewood and State of Colorado, and all applicable permits ahall be obtamed . 33 . Certificates of occupancy . a . It shall be unlawful to permit any pe~ to occupy , mamtaa.n or operate a mobile home park within the oorporat.e lanuts of the Caty of Englewood unleu and untal a vahd ceruficat.e of occupancy baa been obtained . b . In eewetiea wilh .. , ,-la a tall L • ... , • ••• t so .... af Mlie 9r~iaaaee, M NO ceruficate of occupanc:y ahall be aNuacl unlesa and until all of the roaclwaya are CDIIIU'Ul:ted within the park and not leN than fifty percent(~) alt.he pan bu been completed and II m oompbaace With the ..._. of tlua ~Qilou llif'-- TITLE . -24- , ., • • 0 , I ]- - r • • • • • (2) The number, location and size of all mobile home spaces. (3) Names and r,ight-of-way and roadway widths of adjacent streets. (4) Zoning and land use ofsurrounding 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, venta and risers for water and sewer. (9) Plans and specifications of all buildings and other improvementa 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 person 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 six (6) montha aft.er the date of iaauance if construction has not begun and ia not dilicently pursued. e . All bwldings and utilities to be ronatructed, altered or repaired in a park shall comply with all applicable codee and engineering specifications of the City of Englewood and State of Colorado, and all applicable permits shall be obtained. 33. Certificates of occupancy . a . It shall be unlawful to permit any penon to occupy, maintain or operate a mobile home park within the corporate limits of the City of Englewood unless and until a valid certificate of occupancy has been obtained. b . h, cenneetiiea rwi•h an, p•lt ea1altliehed after .a. efleeMue dale ef ~-9rliinenee, -NO certificate of occupancy shall be iaaued unless and until all of the roadway, are conatructed within the park and not less than fifty percent (50%) of the park baa been completed and is in compliance with the terma of this 9.-d · ee TITLE . -24- ,. - .. , •· • 0 -• • • 34. Existing parks; certificate of occupancy . a . WiYtltl ..., (39) da, 11 after the efreeti, e dak 11f ehte Ordiftanee er •it.Mil~ (39) t1a,a al!er awxaeien Mt.he Cit, afBncleocaOS attlsee'(llCRt: tie the efleetioe Sate efihie Grmfttlnee, t:hc THE owner or operator of each existing 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 OrMftllnee TITLE. b . The Eh ri11i11n 11f B tlil.dinc -• Safee, CHIEF BUILDING OFFICIAL shall issue a certificate of occupancy to the owner or operator of legally existing parks. The certificate shall Ii.at the requirements of ehte 9Mtnanee THE ENGLEWOOD MUNICIPAL CODE with which the park does not conform. Nonconformance with health and safety requirementa sf Ylie OrlhBattee shall be listed separately &om 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 parka; alteration, extensions. Ne ANY existing park which does not CURRENTLY meet the requirementa of this Section shall NOT e remodeled, reconstructed, redeveloped, altered, extended or reduced in size, except in a manner which increuea the degree of compliance with this Section. 36 . Compliance with regulations. The penon to whom a mobile home park occupancy permit ie iuued aball at all timee operate the park in compliance with thie Section and reculationa iuued hereunder, and shall provide adequate supel"Vl8ion to maintain the park, its facilities and equipment in eood rep811' and in a clean and eanitary condition at all times . 37 . Annual inspections required. a . The l'Jeighl,11rheed 8el'¥iee11 Biuiaien CITY ia 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 thia Section and to enforce compliance with the provisions of thia 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 inapecting and inveau,atiq conditiona related to the enforcement of this Section or any regulation which may be promulcated hereunder. The inapector shall malr.e auch additional inapectiona u may be necesaary to aaaure compliance with thia Section. -25- "' - .. •· • 0 I ,,,.. I -• • t• - b . It shall be unlawful for any person to refuse the inspector access to a mobile home park for the purposes of inspection. Sectjon 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 lessen traffic congestion on neighborhood streets caused by industrial transportation. The regulations of this District are designed to stabilize and protect the essential 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 external 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~ 5, "General Regulations", of this Title, unlesa otherwise provided for in this 8rlii.M111ee SECTION or an amendment hereto. B . Permitted Principal Uees . 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: l. Any use permitted in the 1-1 Industrial Zone District except mobile home parks and other residential uses which shall be prohibited. Each permitted use from the 1-1 Zone District must alao comply with all the restrictions and requirementa set forth in the eection eetabliahing or allowing the permitted use unless specifically modified by thia Section. 2 . Manufacturing, procesaing and/or fabrication . The manufacturing, processing and/or fabrication of any commodity, except the baaic manufacture and proceaemc of animal by-producta or any orpnic type fertilizer. a nd any metal shredding or auto 1hredding operation. or s imilar use. 3. Sale at wholesale or s torage. The sale at wholesale, the warehousing and/or storage of any commodity . 4 . Sale at retail. The sale at retail of the following : a . Any commodity manufactured, processed or fabricated or warehoused on the premises. -26 - ,. - • . , • • 0 , ]- ]- • • • .. 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 enclosed structure or a roll-off container, semi- trailer, or similarly self-contained apparatus shall be exempt from this Subsection 8(9): a . The manufacturing and st.orage of all materials shall occur within an encloaed structure. The st.orage of materials may occur outside of the structure providing said storage ia in a roll-off container, semi-trailer or similarly self-contained apparatus. For operations not conducted within an enclosed structure, aee Subeection 1(3) of this Section. 10. Automobile wreclrinc or junk yard. Any automobile wrecking or junk yard approved under the proviaiona of tbia 9,e_ TITLE shall have a minimum area of one and one-half (l '/1) acres, and ,hall 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 aimilar lawful me, which, in the opinion of the PLANNING A:,JO ZONING Commiuion ia not objectionable to nearby property by reaaon of odor, duat, 1moke, fumea, caa. heat, 1lare, radiation or vibration . or lB not hazardoua to the health and property of the •urroundinc area throu1h dancer of fire or esploeion. C . Prolubited Uaea: ,,_ 1. No aales or aervioe acuvity s hall be allowed from any temporary atructure or vehicle when a building permit application hu not been s ubmitted for a permanent buildinc or 1tructure to replace the temporaey structure. 2. The hei,sht of matenala or eqwpment beinc etored ahall not e xceed the he11ht of the ecreeninc, fence or wall . D. MUUDum Grau Flocw Ana In StructW"H: Tbe ,um tocal of the poee Ooor area m all etructure, on a lot, escludinc the croea floor area of oft'-,treet parlunc -27 - .. • • 0 , ]- ] • • • 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 1-2 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: l. It is clearly incidental and customary to and commonly aBBociated 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 lot 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 grose 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 principal use , the gross floor area within such structure utilized by accessory uses (except garages, loading docks and company dining rooms) shall be not greater than ten percent (10%) of the gross floor area of the structure containing the permitted principal use. I. Conditional Uses: Provided the public interest is fully protected and the following use is approved by the Commission: l . Dump. (See Chapter -K-5 of this Title, General Regulat101111 .) 2 . 3 . Amusement establis hments including, but not limited to, billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video ga mes, night clubs, outdoor commercial recreational facilitiea, pool halls , or skati ng rinks . Recycling operatio1111 , includmg, but not limited. to the proceu ing of batteriea, conatrucuon wute, 1lua, metala and/or alloys, paper, plastics, and tires shall meet the conditiooa in Subeection 1(3)(a) throuch (e) ofthis Section, a s hated below . Food wute , a utomobile wrec:kins -28- •· • 0 , I ]- - • • - '· 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. F1mces 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 busineues operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions. 4 . Temporary employment busineues aa defined by and which are required to be licen.aed under Title 5 of this Code, shall comply with the following requirements in addition to the provisions of 16-5-21 E.M.C . : a . Shall be located no closer than one thousand feet (1,000') from any reaidential zone diatrict. b . Shall be located no closer than one thousand feet (1,000') from any establishment selling alcohol by the package or drink. c. Shall be located no closer than one thousand feet (1,000') from any public gathering facility . d . With respect to the diatancinc requirements in this subeection between a busineu premise, for which a temporary employment service is proposed and another uae , the dilltance ahall be measured by following a atraight line from the neareat point of the property line of the bus1neB1 premises of the propoeed temporary employment service to the nearest point of a residentially zoned district or the property line of the apecuic use listed. -29 - ,, - .. •· • 0 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 APPLICABLE 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 HUNDRED FEET (500') FROM THE BOUNDARY LINE OF ANY 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 . Lunitationa On External Effects Of Uses: Every use established or placed into operation after the effective date of this 9d " ee SECTION shall comply forthwith with the following limitations: All uses establiahed and in operation on the effective date of this 8raine11ee SECTION 1hall be made to comply with the following limitationa: l. Volume Of Sound Generated: Every use ,hall be BO operated that the volume of BOund 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 ia located . 2 . Vibration Generated: Every use ahall be BO operated that the ground vibration inherently and recurrently generated ii not perceptible without inltrumenta at any point of any boundary line of the lot on which the use is located. 3 . Emi11ion Of Heat, Glare , Radiation, Duat And Fumee: Every use ,hall be BO operated that it doe, not emit a danproua decree of heat, glare , radiation, duat or fume , beyond any boundary line of the lot on which the use i1 located . 4 . Outdoor Storage And Waite D11poeal : -30- ' • • 0 - '. I ~ l , I - • • • • 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 fire 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 adjacent, one to the other, it is deemed necessary that the owner of the use in the industrial zone 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 care, 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 . l. 2 . 3 . 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. Fences: As an alternative to Subsection K(l) of thia Section, the portion of the property which abuts upon, adjoins or is adjacent to the residential zone district shall be enclosed by a decorative, closed-face or solid concrete, block, wood or brick fenoe not lesa than six feet (6') hich, which fence need not be aet back from the property line. Restrictions: No building or portion thereof ahall qualify as a wall, screen, or fenoe under the provisions of this Section . An exception to this provision ,hall be made as necesaary at an interaecuon or at an entrance to an alley or driveway in order not to obstruct the view of a moton.1t ; thia can be done by reducing the height of the fence or wall or the plantings for such diatance and to auch extent aa required by the Code Enforcement Division . Landacapinc: Landacapinc 1hall be 1n accordance with 8eelian I& t 18 ef tlus Title . -31- . , •. .. .. • • 0 :, ,-, ', , -• 0 (• ·, • Sectjon 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 : HAZARDOUS 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 OR TO 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 (C OMBUSTIBLE OR FLAMMABLE), CORROSIVE, REACTIVE (EXPLOSIVE), OR TOXIC AND REQUIRES SPECIAL HANDLING 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 . $ect1on 4 . Safety Cl1uac1 The City Council, hereby finda . determine&, and declares that this Ordinance ia promul1ated under the pneral police power of the City of Englewood , that it ia promulpted for the health, aafety, and welfare of the public, and that thia Ordinance ia nece..ary for the preaervauon of health and aafety and for the protection of public converuence and welfare . The City Council further determine& that the Ordinance bean a rational relauon to the proper legialatave ob,ect sought to be obtained. -32- •· • 0 -• • • '· Sectjon 5. 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 judgmen\ shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Sectjon 6 Inronajatent Qrdjnengea Nothing herein contained shall be deemed a waiver of the provieione of any other Code section or regulation applicable to fences . If there is a conflict between the regulatione in this Section and any other Code section or regulations, the more stringent regulatione shall apply. Sectjon 7. Effect of reveel or modificetion 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, suite, 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 actione, suite, proceedings, or prosecutions. Seg.jon 8. &Dalty. The Penalty Provision ofE.M.C . Section 1·4·1 shall apply to each and every violation of this Ordinance . Sectjon 9. Egjating \JNM-Any use in existence prior to the effective date of this Ordinance, which is not otherwise addressed by conditional use limitations, which does not conform to the limitations establiahed by this Ordinance, shall be nonconforming. A nonconforming use , allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirementa of nonconforming usea u deecribed in this Title. Because it is a purpoae of this Ordinance to eliminate nonconforming uaes , a nonconforminc use ahall not reaume if it has been discontinued for a c:ontinuoua period of at least one hundred and ei,lbty days or would terminate u provided for in the pneral nonconforming use proviaiom of this Title. Introduced, read in full, and paued on fint reading on the 6th day of April, 1998. Published as a Bill for an Ordinance on the 10th day of April, 1998 . Thomas J . Burna, Mayor ATTEST : Loucriahia A . Ellis, City Clerk -33- . ' .. • • 0 - - • • • (, I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paned on first reading on the 6th day of April, 1998. Loucrishia A. Ellis -34- • • 0 I - PRDOI' OP IIUILIC,mQN na ENGL.eWOOD ttmlALD STATE OF COLORADO COUNTY OP ARAPAHOE • ' • • I • • ;_, CITY OP 1NGU1WOoD .......... _ _ .. ...., ..... __ _ ~---.. ....-. ,.~--.,_ ................. c:..... ....... ..,4-•r:a-. ... ca, Olalll a.a... .. '. ____ ..... Ma ... .. ............ au. .. . IIIIIIIYIIICa -mu 11. G11P1a1 " -=-ta .._ "' ... mu ti, CIW'IWI I. CIP 'Ila ...... ....,_ cam ~ PmrT •• ,. n, .. , uaff ...,._ ... 1-Z-. ....-~ tce...a ...... , .. . -................. __ ......... ,... ... ..... .................... . -i., .. ca,a..i., .. -. •• Y -.................... . . _ .. .._ ....... _, __ _ Clllln .... .,._. _... .. . ....... ... . , ................ . LaolllllllltA. ... cacaM ca,a.. _ .. ......... _ ..... ... ......-c.....•• • • . .. • • 0 ---------------------=.:--------------,-,.,----------~-- ]- • • Date May 4, 1998 Initiated By • • '· COUNCIL COMMUNICATION Agendaltem 10 a i Staff Source I'. Subject A bill for an ordinance adopting the City of Englewood Firefighters Pension Plan Document (the Plan) Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed this issue at a study session held on April 20, 1998. Council gave staff direction to proceed with this bill for an ordinance. RECOMMENDED ACTION Staff recommends that City Council approv the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the "old hire• firefighters . The Plan document mirrors the current benefits as defined in Colorado State StaMes. There is one change in the proposed plan that is different from StaMes. The Plan offers a number of optional forms of benefit payout. The Plan allows options based upon the need to provide for the named beneficiary. This is particularly beneficial to unmarried retirees who can, if the Plan is adopted, name someone other than a spouse as beneficiary to the basic benefit. The spousal benefit remains separate from the basic retirement benefit. Active old-hire firefighters voted affirmatively to accept the proposed Plan document. No other alternatives were considered. This action does not increase City of Englewood expenditures as the proposed Plan mirrors what is in Colorado State StaMes . UST OF ATTACHMENTS Proposed bill for an ordinance . ' .. • • 0 ORDINANCE NO ._ SERIES OF 1998 • • • . . BY AUTHORITY A.BILL FOR ,. COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 1, 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 : $ectjon 1. 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. $ectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the "City of Englewood Firefighters Pension Plan (As Restated January l, 1996)" for the City of Englewood , Colorado . Introduced, read in full, and pa88ed on first reading on the 4th day of May, 1998. Published as a Bill for an Ordinance on the 8th day of May, 1998. Thomas J . Duma, Mayor A'M'EST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 4th day of May , 1998. Loucriahia A. Ellia • 1- . ,o,,t .. • • 0 • • h 111111 . ' .. CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS R§TATED JANUAilY J, 1996) ,.. ' . • I • . < • • 0 • • ]- . • • • ' <. City of Englewood Firefighters Pension Plan t• <As PreSrd January J. 199§) TABLE OF CONTENTS <Cont'd} \ .. ARTICLE VI (coat.) 4. s. 6. 7. One Hundred Perc:cm Joint and Survivor Benefit Option Fifty Percent Joim and Survivor Benefit Option Five Year CenaiD and Life 8cDdit Opciom Beneficiary Dalb Benefits 1. Death Benefit for Surviviq Spouse or ARTICLEW Dependent Parent 2. Death Benefit for Dependent Children 3. Death Benefit after Elipbility for a Deferred Vested Pension 4 . Proof ofDeadl 5. Additional Deadl Benefit ARTICLEVIll Contribution Accumulation Refunds 1. Contribution Accumulation Refund to Participant Administtation By Board of Trustees 1. Establishment and General Duties ARTICLE IX 2. Members 3. Terms 4. Mectinas 5. Quorum 6. Majority Vote 7. Compensation 8. Rules and Rqulalions 9. Powers 10. Decisions 11. Report of Board TnJSt Fund l. Establishment ofTnist Fund ARTICLEX 2. Payment of Contributions to Tnast Fund (ii) . ' • Page No. VI-2 VI-2 VI-2 VI-3 .. VII-1 VIl-1 VII-1 VII-1 VIl-2 VIl-2 VIll-1 VIll-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 • • 0 , j 0 - CORRECTION TH E PF.E CED ING C CCUME:VT OR BLANK Fn.4 ,WE 1-f,J,S EEE:V F.E'vTICF.O Fi L.HED TO ASSURE LEGiE!LJTY ,J,,VD ITS //W.4 GE A.=PS4RS !MMED/.4 Tc!.. Y HERE.4FTE.:::. • -• • t• • •, CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN <AS RESTATED JANUARY t. J996l ;- I H I • ,I. A .. • I • ' • • 0 r .,I\ :v I ]- - • PREAMBLE ARTICLE I ARTICLE II ARTICLE ill ARTICLE IV ARTICLEV ARTICLE VI • • • City of Englewood Firefighters Pension Plan (As Restated Japuary t, 1996) TABLE OF CONTENTS Purpose and Definitions 1. Purpose 2. Definitions 3. Construetion Service Credit I. 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 Contributions I. Contributions by Employer and the Stare ~f Colorado 2 . Contributions by Participants i ension Bcncfits 1. Normal Pension Commencement 2. Normal Pension Amount 3. Deferred Vested Pension Commew:emmt 4. Deferred Vested Pension Amount 5. No Decrease in Benefits 6. Increases in Benefits 7 . Required Distribution ofR.ctircmcnt Benefits Form of Payment I. Normal Form of Pension -Sin&le Life 2 . Optional Forms of Bendit 3. Qualified Joint and Survivor Benefit Oplion (i) _Pm"P· [-1 I:-1 C-1 C-1 r:-: C-1 C-1 C-1 C-1 C-1 r:-1 r-·-1 r:-1 \"-1 '\"-1 '\"-1 V-: \·.: \"-': \"-3 '\"-': \:-1 '\ :-1 v:-1 '\ :-1 . ' • • 0 f "'" , I ]- ] • ARTICLE VI (cont.) • • t• • City ofEnglewood Firefigbten Pension Plan <As Bmrrd Jagupy J. 1996} TABLE OF CONTENTS <COQ(d} 4. One Hundffd Percent Joint and Survivor 8cDetit Option s. Fifty Percent Join! and Survivor BeDdit Option 6. Five Y car Cenain and Life 8cDetit Options 7. Beneficiary ARTICLEVIl Deadi Benefits 1. Death Benefit for Surviving Spouse or Dependent Parent 2. Death Benefit for Dependent Children 3. Death Benefit after Eligibility for a Deferted Vested Pension 4. Proof of Death s. Additional Death Benefit ARTICLE VIII Contribution Accumulation Refunds 1. Contribution Accumulation Rdund to Participant ARTICLE IX Administration By Boud ofTnmees 1. Establishment and Gcneml Duties 2. Members 3. Terms 4. Meer:inas s. Quorum 6. Majority V Ole 7. Compensation 8. Rules and Rqulations 9 . Powers 10. Decisions 11. Report ofBoud ARTICLEX Trust Fund 1. Establisbrnent ofTNSt Fund 2. Payment of Contributions to Trust Fund (ii) 11 - • ' ' ' Page No. VI-2 VI-2 VI-2 VI-3 VIl-1 VIl-1 VIl-1 VIl-1 VII-2 VIl-2 VIII-1 VIII-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 • • 0 I --~ I ARTICLE XI ARTICLE XII ARTICLEXID ARTICLE XIV ARTICLE XV • • '· City ofEDpewood Firefiprcrs PemioD Pim <As Remttcd IIP1WY J, 1996} TABLE OF CONTENTS lCopt'dl Special Govcmmental R.equiremads 1. Maximum Amlual Beactit Under Code Section 41 S 2. Restrictions OD Twea1y-Five (25) Highest Paid Employees 3. Restrictions OD Dism"butions 4. Employees Whose Benefi1S Azc Reslrided (Hip-25 Employees) s. "Benefit" Defined 6. Value of Assets and Cunent Llabilities Quarmtees and Liabilities 1. Nonguanntee of Employmeat 2. Rip to TNSt Assets 3. Nonalicnation of Benefi1S Wilbdrawal aad Tcnnmerioa 1. Plan T crmilllDoa 2. Al1oalioD of Alam Upoa Pim Termmerion 3. MIIIDlr ofI>ilaillalioD 4. A1DOUIIIS Realmlbie 1D die Employer s. Applic:abie Law Direct Rollovers 1. GcDcnl 2. Definitions (iii) . , . ' em-so, :'C-1 X:-1 .. :'C-2 :'C-2 X:-3 :'C-3 :C-3 :'C-1 X::-1 X::-1 X::-1 x::J-1 ~-1 x:-:-1 x:-:-1 x:-.·.1 x:-:-1 x:-:-2 x:-:-2 x-:-1 x-~·-1 x-;.1 .; • • 0 , ~.7 XI ]- ] • • I• •, • (, City of'Enalewood Firetigbters Pension Pim <N RnWrd Imm 1. 1996') PREAMBLE WHEREAS, the Employer bad pMViously escablisbcd a pension plan under State stalUla for its firefiibtm (hereinafter referred to as the "Previous Pim"); ml WHEREAS, said orpniDtion DOW desires to IIDClld ml continue the Previous Plan by a separate restatement in its entirety and the right to so amend is reserved to said organmtion under the provisions of the Previous Plan; NOW , TIIEREFORE. the Previous Plan, which was maintained by the Employer under Title 31, Article 30, Put 4 of the Colorado Revised Statutes, is hereby restated, and amended in its entirety , superseded and replaced by this scparatc reswed Plan. Tbcrc will be no termination and DO gap or lapse in time or effect bctwccn such Plans, and the exisrmcc of the Pim shall be continuous and uninterrupted. This restaed Pension Plan is conditioned upon its qu•lifiorion under Section 40l(a) oftbe bllrmal Rcveauc Code of 1916, as amcn:tM from time to mac. The tams and conditions of this rcsmed P18ll are as follows: .. • • 0 , -:>'IV I • • ARTICLE I Purpose and Definitions .s .... ecn ... · ... o .... n_.l.._. _ _,Pyrpo.__ ....... sc,...: The purpose of this Plan is to provide retirement and inc:c.::::al benefits for all Employees (as hereinafter defined), their surviving spouses. dependent clril.::=i and dcpcndcnt parents, who complete a period of faithful service and otherwise become eligii:ie :JC'eUDder. The benefits provided by this Plan will be paid from a Trust Fund established in conncc:ic:: .rith this Plan. This Plan and the separate related Pension Trust forming a part hereof arc cstab~ md shall be maintained for the exclusive benefit of the eligible Employees and their Beneficiaries. ~-pt as bercioafter provided, no part oi the Trust Fund can ever revert to the Employer, or be use: :=-:: .Jr diverted to purposes other than the exclusive benefit of the Employees and their Benefic:a::~ .111Secti-...·111110:111n_.2._. _ _.De ....... fioi-·n..,·o.,.gs_: Where the following words and phrases appear in this?~ they sball have the rcspcctive meanings set forth below, unless their conteXt clearly indicates :c =:= contrary: L Acc;rved Pensjog: The Pension determined under the Pim expressc:i :::. :he form of a monthly benefit commencing at Normal Retirement Date ( or date of actual ,-e:.:..---::_cm if later), which an Employee has accrued at any time under tbe provisions of tbe Plan. :-:prdless of his valed SlaD.IS, dctcrmincd as ifbc had then terminated employment. b, Actuarial <or Actuariallv) Eguivale;it: Equality in value oftbc ~ IIDOUDIS cxpec:tcd to be received under different manners of payment bucd on i.nte-es: rare and mortality assumptions, in effect on the date as of which the benefit is to commcnc:. :!S such assumptions arc defined below unless otherwise specifically provided in the Plan. lnu;rm rare assumption -The inierest rare assumption used for purposes of ~mputing optional forms of benefit payments shall be seven and one-half pcn:cnt (i l. :~·o ). Monality mggptjgp • The mortality assumption used for purposes of compm::ina optional forms of benefit payments shall be UP-1984 Mortality Table. 1-l • . • • 0 , - • • 0 I• • ;::.:c. _ ___,B'""o,..ard=: 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 cmrcnt seventy-two (72) hour, nine day reoccurring work cycle), clothing allowance, lump-sum amounts paid in lieu of accumulaled 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 $200 ,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 PlanJ for any Plan Year commencing after December 31 , 1988. In addition to other applicable limitations set forth in the Plan, and notwithstanding an y 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 40l(a)(l 7)(8). The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months , over which 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 numerator of which is the number of months in the determination period, and the denominalor of which is 12 . A "Noneligible Participant" is any Participant who first became a Participant in the Plan during a Plan Year beginnina on or after January l, 1996 . Effective January 1, 1989 , through December 31 , 1996 , in determining the Compensation of a Participant for purposes of this limitation, the rules of Code Section 414(q)(6) shall apply, except in applying such rules , 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 , through December 31 , 1996, if. as a result of the application of such rules the adjusted annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's Compensation as determined under this Section prior to the application of this limitation. ., - 1-2 • ..... H~IUIOC . , . . ; ~-r, . , .. •· • C • • 0 • '· f. Cogqjbution Accumulation: The Participant's aggregate conttibutior..s. plus five percent (5%) simple interest on the total amounL g, Covered Employment: The employment category for which the Plan :s maiotained, which is full-time , salaried employment with the Employer as a paid me:nber of1le Employer's Fire Division. serving at least one thousand six hundred (1,600) hours :n any calendar year, and which includes all firefightm within the Fire Division hired prior :o April 8. 1978. Excluded are leased employees within the meaning of Code Section 414(nX:). h, Djsabjlity or Djsabled : A physical or mental condition which, in the :udiment of the board of the Fire and Police Pension Association. totally and presumably pe::nanently prevents an Employee from performing the duties of any occupation for which the :'lr::ighter, by reason of his education. training and experience, would be capable of performiq. ~ut for the injury or illness involved. In determining whether any firefighter is so permanent!~: disabled. any disability, and any known injury or illness, which pre-existed the firetighter's e:::2Fioyment with the City of Em;lewood, shall be disregarded. j . Effective Date : January I , 1996 . j, Emplovee : Any person whose Covered Employment with the Emp loye: commenced prior to April 8, 1978, and who , on and after the Effective Date, is rcc:i.,ing remuneration for Covered Employment or would be receiving such remuneration exc:;,t for a duly authorized absence . Included are leased employees within the meaning of Cocie Section 414(n)(2). Notwithstanding the foregoin&, if such leased employees constitute less than twenty percent (20-/e) of the Employer's nonhighly compenwcd work force within the me:,ning of Code Section 414(n)(5)(C)(ii), the tcnn "Employee " shall not include those leased e:nployees covered by a plan described in Code Section 414(0)(5). k, Emplover: City of Englewood, Colorado . L Final Monthlv C9DJP!!Dptjon ; The Compensation eamed by a Parti~.pant during his last full month of Covered Employment; except Fioal Monthly Compensation cannot be less than the averaae monthly compensation earned by the Participant during the '.ut twelve (12) full months of Covered Employment . m, Limitation Year: The year used in applyina the limitations of Code Section 415 , which year shall be the calendar year . Notwithstanding the Effective Daie hereof. such limitations, u set fonb in Article XI, Section I hereof, apply beginnin& with the first Limitation Year beginning after 198:. 1-3 ' •· • 0 ' ]- .i--------.------------.--- • \, n. Normal Retirement Dag;: The date when a Participant has aaained his fiftieth (50th) birthday and bas completed twany (20) years of Service. o. Particjpant: An Employee who meets the eligibility requirements for participation in the Plan as described in Article m hereof. p, Pension: A series of monthly amounts which are payable to a person who is entitled to receive benefits under the Plan. g. Plan; City of Englewood Firefighlen Pension Plan (As Restated January 1, 1996), as amended from time to time. r, Plan Year: The twt:lve (12) momh period beginning on January l and endina on December 31. s, Preyjoys Plan: Firemen's Pension Plan of the City ofEnalewood or City of Enalewood Firemen's Pension Plan, in force and effect (under Tide 31, Article 30.5 (and prior to May 23, 1996, under Tide 31, Article 30, Part 4) of the Colorado Revised Swures) 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 cenain date or for a cenain period shall be deemed a reference to the Previous Plan as then in etfecL L Service: A person's period or periods of employment as an Employee used in delennining eligibility, or the amount of benefits, and described in Article II hereof. u, Trust or Tryst Fund: The fund maimained to provide the benefits called for under this Plan, as descn'bed in Article X hereof: Ses;tigp 3, Cggsquction: The muculiDc aeader, wbere apparin& in the Plan. shall be deemed to include the feminine pndcr; the siJlau(ar may include the plural; and vice wrsa. IIDlas the comma cJemty indk:alrs to the CODlmy. 1-4 . , • . .. • • 0 I I - • • . ,~ - ARTICLE II Sgvjce Credit .,.Secti ....... ·..,on.._..l, _ __..sern ...... ·-ce_: Service is the period of employment used in determining eligibility for benefits. An ·Employee's total Service credit shall be: a. His tow period of Covered Employment with the Employer, subject, however, to Article ll. Section 3 below; and b. Any prior period of cmploymcm. before April 9, 1978, with another fire depanment which mainraim a firefiibters pension fund under the laws of the Sw.e of Colorado , such prior period of employment to be credited in the same manner and to the same extent as Service with the Employer, subject, however, to Article II, Section 3 below; and c. Sec;tion 2, Any credit called for under federal law for an absence due to military duty . Break jn Sgvjce: An Employee shall have a Break in Service if his Covered Employment with the Employer is terminated. An Employee's authorized leave of absence, or a leave due to disability as defined at Article I, Section 2h. shall not result in a Break in Service; however, the Employee will not receive any Service credit during such an absence. E!fective as of Aqust 5, 1993 , a leave of absence pursuant to the Family and Medical Leave Act of 1993 shall not be considered a Bn:ak in Service; however, the Employee will not receive any Service credit durina such ID absence. Section 3 . Military Sqyice: NotwithswJdina any provision of the Plan to the coanry, coottibutions, benefits and Service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). Section 4 . Fractional Years: In detenoioiog Service credit, Service for fractional yem shall be allowed on the buis of one-three hundred sixty-fifth (1 1365th) of one year for each full day of such Service . II-1 • .. •· • 0 ]- ]- • • ,- • ·, • ~. ARTICLEm Sectiop 1, ParticiP1A9P Origjpripg Updcr The Preyioys Plag: Employees in Coverm Employment who were Participlnts in the Previous Plan immediarely prior to the Etrective Dale shall auromatically become Participmm in dm raared Plan a of the Etrective Dale. Sec;tiqg 2, Cm,tiqg of Partitjppgiqg and Rrmr,v; If a Participmt laves ~ Employment. be will cease bis participation in this Pim, 111d will not apiD become a Participam. (Recommencement of Covered Employment results in coverqe under a SIMeWidc pension sySlem under Tide 31, Article 31 of the Colorado Revised Statutes (and prior to May 23, 1996, under Tide 31 , Article 30, Part 10 oftbe Colorado Revised Statutes)). SecJ:iog 3, Effect of Disability or Peath 8epcfits Pmble from AQOthcr PJan: If• disability or death benefit is payable to or with respect to a Participant in accordance with Section 31-31-803 or Section 31-31-807, Colorado Revised Stames (and prior to May 23, 1996, Sections 31-30-1007 or 31-30-1008, Colorado Revised Stamres), 1ben no benefit sbaU be payable from this Plan to or with respect to such ParticiplaL m-1 ' , .. •· • 0 I ]- Section I, ., • 0 - ... ARJJCLE IY Cogq,"bytions "'~ t• Copqibutions by Employer and the swe of Colorado: The City of =-:•ewood shall make contributions to the Trust Fund adcqua1e to tinancc the benefits provided by the ?:mi on a sound actuarial basis. The required contributions to the Plan shall be determined by a com;e::::n actuary. The amount of coauibulion shall never be less than the amount required by Colora:.: swc smuse or Fire and Police Pension Association rules and rcgulalions. Contributions may ~ :,c received hereunder from the State of Colorado in accordance with applicable state law, or.: ___ .my person. Conttibutions may be received by gift. grant, devise or bequest. in the form ofmoc.e:··. personal property, real estate or any intereSt therein and may include all moneys, fees, rc\1,z:--'_s md emoluments, except fircfiprers salaries, of every nature and description that may be paid or ~ .·e:i to the Fire Division or any of its members. ArJy amoUDtS given to the Employer's Fire Divisioc ::r :o an Employee in his capacity as a fircfi&hter, except as his salary, may be received as a conttibu.::.:r: hereunder. All such conttibutions shall be used to pay benefits under the Plan or to pay e:q:c:ses of the Plan and Trust and shall be irrevocable, except for any amoUDtS rcrnainina aft.er satisfyina ail ~ilitics of the Plan. F orfcitures arisina because of severance of employment before the Participant be=mes eligible for a Pension or for any other reason shall be applied to reduce the costs of the Plan. ::ct to inc:rcase the benefits otbcrwisc payable :o the Participants. Section 2, Contributions by Participapg: Each Plan Participant shall comribute to~-ard the cost of providing benefits under this Plan by payroll deductions at the rate of five percent (~%·, of the Participant's Compensation each month. IV-I ..... • . I· • 0 ' - • • • ,,,_ 0 I• • '· ARTICLE V Section t. Nonna! Pension Corn'1'S¥rSPSJt A Panicipant hereunder shall be entided to bis Accrued Pension if bis Covered Employment with the Employer is tenninated on or after bis Normal Retirement Date. Any Panicipant wbo 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 thirty (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 entided to retire, and shall notify the Employer of such action. The action of the Board shall be completed at the next scheduled 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 Participant's actual Retirement, or as soon thereafter as administratively practicable. If a Participant retires prior to the last day of the month, bis first payment hereunder shall include a partial payment pronred from bis dale of retirement to the end of the month. Sectiop 2, Normal Pemiop Amount: A Panicipant wbo meets the requiremcnlS for bis Accrued Pension shall receive an annual pension (payable monthly) which is equal to : Two and one-half percent (2 l /2'10) of the Participant's Final Monthly Compensation multiplied by the Participant's first twatty (20) years of Service, plus one percent O "•) for each additional year of Service, to a maximum of sixty-five percent ( 65%) of Final Monthly Compensation. V-1 ..... • . . •· • 0 , -• 0 I • • Section 3. Deferred V esJed Pension ComrnsJremept: A Participant hereunder shall be eligible for a Deferred Vested Pension if bis Covered Employment with the Employer is terminated prior to his eligibility for a Normal Pension but after be becomes vested in a Pension benefit under the following vesting schedule: V estjng Ssbc$1e A Participant's vested interest is determined, accordina to tbc Participant's years of Service, as follows: Participant's Y cars ofSqvicc Less than 5 5 or more Vcsted Percc:nage of Patticimmt's Accrued Pension 0% 100%, Service as used in Article V, Sections 3 and 4 shall include only tbc Participant's period of employment with the City of Englewood Payment of a Deferred V csted Pension shall commence as of the first day of the month next following the Participant's aaainment of age fifty (50) ifbe is livina; however, iftbe Participant requesu a refund of his Contribution Accumulation under Article VIII. Sec:tion 1 b bcrcof. he shall forfeit such Defmed V csted Pension. If a Participant retires pursuam to this Section prior to the last day of the month, his first payment hereunder shall include a pmial payment prorated from his date of retiraDcm to the c:nd of tbc moath. Section 4. Deferred v estcd Pension Amoypt: A Participant who mceu tbc requirements for a Deferred Vested Pension shall receive a monthly amount equal to: Two and onc-balfpcn:cnt (2 1/2%) of bis Final Monthly Compensation multiplied by bis first twenty (20) years of Service with the Employer, plus one percent (1%) for each additional year of Service, to a maximum of sixty-five percent (65%) of Final Monthly Compensation. V-2 • .. •· • 0 , - - • • '· ~$ectioga·as~,-....l!N!QoJ;Deglsm•.11ipUB:1S.8111'Elllfiiill1i. lbis n:maed Plan sba11 not result in tbe decrease of benefits accrued by any Partic:ipmt undc:r tbe Previous Plan irnmedimely prior to tbe Effective Dale of this n:maed Pim. Sectiop 6. lpcn n, • ip Bgfjg: Provided elm the Trust Fuad is property funded a provided in Article IV bereot and upon reooneaien:l#ion oftbe Board, tbe City Couacil oftbe City of EDalewood may amwally vote upon and approve an iacreue in tbe Accrued Pension beina paid to my Panicipmls receivina be:ncfits under this Plan in an amount DDt to exceed five percent (5%) per year. Sssim 7. Required Disgjbygop gfBsiJmasm Bmsfip; Effective January l, 1992, DOtWidlRaoctina any provision oftbe Plan to tbe contrary, pursuant 10 Code Section 40l(a)(9), payment ofbencfits shall commence not later than tbe later of April l oftbe calendar year followiq the calendar year in which the Puticipmt attains aae seventy and one-half (70-1/2), or termina!es employment. V-3 . , • . .. • • 0 I -• • . . ARTICLE VI FormofPIYJJJGm Section J. Normal Form of Pension· Sjngle Lifi;; Unless otherwise elected under this Article VI, any Pension accrued under Article V hereof will be paid u a Single Life Pension. Under this form of Pension, moatbly paymcms arc made to the Participant during the remaining life of the Partic:iplm. Section 2, Optional Forms of Benefit; Effective Jammy l, 1998, subject to such uniform rules and regulations as the Board may prescribe, and the restrictions comained in this Article VI, a Participant may, in lieu of the Normal Form of Pension above, elect om: of the following :orms of benefit which shall be the Actuarial Equivalent of the Normal Form of Pension to which he would otbcrwi.sc be entitled. The Participant must make any election of an Optional Form of 3ccfit in writing, and such election must be tiled with the Board at least thirty (30) days prior to the due dare of the first payment of bem:fits under the Plan. The election of an option may be changed at any time prior to thirty (30) days preceding the due dare of the first payment of benefits under the P!an. However, an optional form of payment may not be el.:c:ted unless the value of the paymcu expected to be paid to the Participant e:xcced:s fifty percent (500/o) of the value of the total benefits to be paid under such optional form. Section 3. Oualifieci Joint agd Suryivw Benefit Opriog: The Qualified Joint and Survivor Benefit option provides an adjusted monthly bem:fit payment durin& the Participant's life ; and the spouse (to whom the Participant was married when his benefit commenced), if surviving at the VI-I . ' • . .. I· • 0 - - • • • . , . • Panicipant's dealb, shall receive thereafter for life a monthly benefit of fifty percent (50-/e) of the adjusred montbly amount paid to the Participant. Within a reasonable time before the Participant's benefit commencement date hereunder, the Board shall provide to the Participant a written explanation 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 Conn of payment other than the Qualified Joint and Survivor Bendit. such election will not become effective unless bis spouse (ifbe bas a spouse who can be locared) c:onsems in writin& to such election. acknowledges the effect of such election and bas such consent and acknowledgment witnessed by a Pl.an represenwive 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 anomer election form after the earlier form and prior to his benefit commencement date. the earlier form shall be annulled. Segioq4. One H•mdmf Pen;sm Joipt apd Syryivor Benefit Option: The one hundred percent ( ! 00%) Joint and Survivor Benefit option provides reduced monthly benefit payments during the Participant's life, and upon his death after retirement. continues payments in the same reduced amount to a designered Beneficiary during the life of such Beneficiary. Section 5. Fifty Percept Jojnt agd Suryjvor Benefit Optiog: The fifty percent (50%) Joint and Survivor Benefit option provides reduced monthly benefit paymc:ms during the Participant's life, and. upon his death after retirement, continues payment in an amcum equal to fifty percent (SO%) of the amount of such reduced payments to a designated Beneficiary during the life of such Beneficiary. Vl-2 • l •. ... •· • 0 , - - • II - ,.. • • <. Scctiop 6. Five Ya: Cergip apd Life 8epcfit Optiops: The fiw (S) Yee CenlliD md Life Benefit option provides adjusred mondily benefit paymmas duriq tbe Partic:ipml's life. and upon his death after retirement witbm tbe sixty (60) maadl period. paymems shall be COD1inucd 10 the desipated Beneficiary for the balance of the sixty (60) moadl period. Scctiog 7, Bgfic;iary: Effecti,ye Jaaumy 1, 1998, tbe Puticipmt must desipaM bis Beneficiary ill wri1iq. If a married Partic:ipmt wishes 10 desipaM rmae other tlrm his spome 10 be a primary Beneficiary, such clesiparion will not become (or c:oalinue to be) effective unless his spouse (d'his spouse can be IOCllled) comems. ill writins, 10 such desipation (or form ofbenems) which may not be cbanpd without spousal consent ( or the consent of the spouse c:xpressly permits desiparions by the Participmt without any requirancnt of further consent by the spouse), acknowledps the effect of such desiparion and bas such consent and acknowledlPDffl' wvm· -!!d Pim 1qamatati"Ye or a norary public. Sucb clesiparioa shall be made ill writina llpOll a fixm provided by the Board and shall be filed with the Boa. The last mcb clesip!IMll filed with tbe Board shall comrol. Vl-3 .. • • 0 , - Scctiop 1, • • • ARTICLE YU Death Qenefits "' - t• Dqth Bendit for Syryivjng Spouse or PmnkDI Parmt: If a retired Participant who is receivin& a Pension benefit bcreunder shall die. leaving a surviving spouse or dependent parent or paraus. such surviviq spouse or dependent parent or parents shall be awarded a monthly annuity equal to the parer of: (a) one-third ( 1/3) of the momhly salary of a first-snide firefighter at the time of bis dam or retirement or (b) fifty percent (SO-le) oftbe mombly amount bein& received by the Participant at bis dam. so long as the surviving spouse or dependent parent rrmains unmamed. 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 rcinstatm& 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 deceased retired Participant only if there is no surviving spouse or children. Section 2. Death Benefit for Dependent Children: The Board shall direct a Death Benefit be paid to the surviving spouse or parent, or the leplly appointed auardian. of each dependent child of a deceased retired Participant who was. at the time of his dealh. receivina a Pension benefit bereuadcr. Such Death Benefit shall be a moolbly amuity equal to thirty dollars ($30) per month for each dependent child, to continue until such child reaches the ace of ciptcen (18) years or dies, if earlier . Section 3, Qrath Bendit after Eligibility for a Deferred v estcd Ps;nsion: If any Participant should die after be is clisible for a Deferred V csted Pension hereunder but before Pension benefits have commenced, bis spouse, iflivina, or his cswe, ifno spoux or if bis spouse is not livina, shall be VII-I ' • . .. •· • 0 ' • • • Clllided to receive die Partic:ipant's Comn"bution Arnnnnlerioo iD a siD&le sum. ID lieu oftbis siqlc sam. a survmaa spous may elect die IIIOlllbly dadl bmdit • far1h iD Section 1 of this Ar1ide vn to beliD on die lllt day ofdle moadl followiq die ct. die~ would have ldlliDed aae fifty (SO). SC!Cligp 4, Prpof of Qndp· For die purpoa of tbis Pim. die procluclion of a c:enified copy of die dadl c:er1ific:ale applicable to die dece 1so:d sball be s.dlicimr cvidcnce of dadl. and die Board sball be ftdly prc,ll;C1led iD relyma tbcreon. ID die lblence of such plOO( die Board may rely upon such odm mdm:e of dealb a it deems nee y or advisable. SC!Cligp S, MctitimJe1 Onrb 8smfit The Board sball cmect an Additional Deadl Benefit of oae hundred dollars ($100) be paid to die survivina spome or family of die deceased active or retired Participant, or such other person as die Board shall desipte. WWWI-11.DDC VU-2 ' ' ..: • • 0 ]- • • - ARTICLEym Cogrribypgp Accumuialiop Bstim:s Sec;tigp I, Coptribyrion k&wru•letion Bcfupd to Participant; L Prior to Eligibility for Pepsiqp Benefits; If any Participant's employmc:m wi1h the Employer is t.enninarcd before be qualifies for a benefit under the provisions of Anicle V hereof, be shall be entided to receive his Comribution Accumulation in the form of a sinale sum payment; bo,w:ver, in order to receive such single sum payment, be must apply in writing. b, Aftq Eligibility for Deferred Vgtpl Pension Benefits: If any Participant's employment wi1h lbe Employer is taminared emitlina him to a Defared Vested Pension hereunder, be may elect in writin& to receive his CODlribution Accumulation payable in a single sum at anytime prior to the commencement of his ,cti.ement benefit; provided, bo~. that such election shall not be effective unless his spouse (ifbe bas a spouse who can be loc:ared) consents in writing to such election. acknowledges the effect of such election and has such consent and acknowledgment witnessed by a Plan representative or a notary public. If a Participant does not elect to receive such payment, it shall remain in the Plan and he shall receive his regular Deferred Vested Pension in accordance with the provisions hereof. In the event the Participant elects to take his Conmbution Accumulation as set forth above, his Deferred Vested Pension odlerwisc payable hereunder sbaU be forfeited. c. Forfeiture og Dgrh; If benefits are payable &om the Fire and Police Pension Association upon the PanicipaDI's dc:uh. then the PanicipaDI shall forfeit his Conaibution Accumulation. 4 Forfeiture on pjpbility; Ifbenefi11 are payable fiom the Fire and Police Pension Association upon the Participant's Disability under Section 31-31-803, Colorado Revised Statutes (and prior to May 23, 1996, under Section 31-30-1007, Colorado Revised SWUtes), then the Participant shall forfeit his ContnDUlion Accumulation. VID-1 • . .. • • 0 I -• • ARTICLE IX ,AmpjgjS!tier By Board Qf Inmecs Section J. ("Board") who sball mamae, use, and disbune the Trust Fund in conformity with ill rules. ~-laws and this Plan. The Board sball take all neccsmy SlepS and pursue all neccssmy remedies for the prescrvmion of the Trust Fund. Segigg 2, Mggbers: The Board sball consist of(a) the Mayor of the Employe:-. (b) the Director ofFimncial Services of the Employer, who sball be treasurer of the Trust Fund, (c) one citizm Member appointed by the City Council, and (d) three (3) Members who are active ?micipams, unless there are not three (3) active Participants rernaioio1, in which cue as many active Pr.icipants as there are remaiuiog, and the remainder of the three (3) sba1l consist of retired or deferrec ·.·ested Participants. Such Participant members shall be elected by a majority VOie of the Participm:is .o,;Ses;ti ... · o .. g..,3.., .. __ T...,erms .... _: The Board sba1l serve terms of office u follows: the Mayor :or tc:Dure in office; the Director ofFiDlocial Services for tenure in office; the City Council appointed citizen Member for a three (3) year tam of office; the three (3) Members who ae active, remed or deferred vested Participams for a three (3) year term of office; and the tenn of office for the Praidc:n shall be for one (1) year. Initial election of the Participants shall be conducted to elect one (1) Membc: for three (3) years, one (1) Member for two (2) years and one (1) Member for one (1) year, anc :heir tenure of office shall nm from Janmry 1 to December 31 of each year. The Board shall uraqe for :iectioas of such Board members and shall establish the rules and procedures to be followed in such elections. IX-I .. •· • 0 I --------------------~----::.'."""'""--------------,.~-------------- 0 ,~ • '· ~Secti-·~og~4 . ...._.....ilM~eet1-·0111s-: The Board shall bold 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. ..,Secti....,..·o,..n...,5.._. --'0uorum_..___: A majority of the members of the Board shall constitute a quorum. Section 6. Majoritv Vote: All actions taken by the Board shall be by a vote of a majority of those present at such meetings, except that no member of the Board shall vote on any matter which penains solely to himself or to his rights or benefits under the Plan. Section 7. Comp;pytjon: 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. Sections . Rules and Regulations: Subject to the limitations of the provisions of this Plan, the Board shall from time to time establish rules and regulations for the performance of its functions and the adrnioisttation of this Plan. ""Secti.....,·,...on.......,9._.-P.,.,owm~.-.: The Board shall have all powers necessary to supervise the administration of this Plan and the Trust Fuod and to control its operation in accordance with its terms, including, but not by way of limitation, the followin&: L To make, amend, imcrpret. and eafon:c all appropriate rules and rquwiom for the administration of the Plan and to decide or resolw my and all questions, includiq interpretations of the Plan, as may arise in c:oaaection with the Pim; b. To determine the amounts and time of payment of benefits and the rislm of Participants and Beneficiaries to Plan benefits; to lake my actions oec:esa y to assure timely payment of benefits to my Participam or Beneficiary 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; IX-2 . 1,-,1- •· • 0 l 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 compute 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. lepl and actuarial services as it may deem necessary or appropriate in c:arrying 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 actuary, from time to time to adopt for the purposes of this Plan, such mortality and other tables as it may deem necessary or appropriate for the operation of the Plan; j. To authorize the Chainmn of the Board to sign all Jepl documents and reports OD behalf of the Board; k. To bold the asseu of the Plan in a Trust account entitled "Fimiabtcn Pension Fund for the City ofE.nalewood." and invest and reinvest tbe same and to make such withdrawals tbaefiom as may be audmmd b:,· Ibis Plan (or u payment ofbenefiu IDd expenses of the Board and the Members thereof. The Board may select a Corporate Trusaee, CusrodiVJ or lnVCSUDCDt Advisor to assist in the management of the Trust Fund. • l. To maintain such records and accounlS IDd to render such financial s111 ;em and repor1S IS may be required from time to time. Sec;tion 10 1 Decisiops: AzJ.y decisions of tbe Board IDd any action taken by it with respect to this Plan, shall be conclusive and bindin& upon any 11111 all Participants. retired Participams, their beneficiaries, heirs, distributces, executors, adminisnton, 11111 usip, and upon all othe: persons wbalsoever. All decisions made by the Board shall be made in a nondiscrimimlor manner. IX-3 ..... •· • 0 I - • .-------------------------- • • '· Wm 11, Bmmt of Board: The 8oad shall make an ammal report to the Employer on the coadi1ion of the Trust Fuad. l_. ----- .. .. • . • • 0 I ~ft ,. I - <. . , . • A&IlQEX TnmFupd r Segioq J, Eeblilhrnsm ofTnpt Fugd; A Trust Fund bas been establ..ished for the purpose of rec:eivina.comributioas and payina benefits under tbis Pim. The Board shall administer the Trust Fund in accordaace with the terms oftbis Pim. The Board, in i1s discmioa. may wirh City Council approval. appoilll a Tn1112e, iDsuraace campay or inves1ment maaaaer to invest all or a ;,onion oftbe mads. Segioq 2. emmm of comn1giogs to Ima Fugd: All comnDUlions unc:e: :his Plan shall be paid to the Trust Fund to be held, invested and reinvcsred therein. All property anc :imds oftbc Trust Fund, includiq income tiom investments and from all other sources, shall be :-e:ained for the exclusive benefit of Employees, u provided in the Plan, and shall be used to pay bene:its ~ Employees ortbeir bendic:iarics. orto pay expenses ofadmmislnrion of the Plan and 7:ust Fund to the meat not paid by the Employer, cxccpc a provided in AnicJc XIV, Section 4 hereof. Inves1ma1t of the Trust Fund shall be subject to TIiie 31, Article 30 . .S, Part 5, and Section 31-30.S-803 of the Colorado Revised Stamtes (llld prior to May 23, 1996, Sections 31-30-701, 31-30-iO: and 31-30-1012 of the Colondo Reviled Stamtes). a,a,a.a ____ _ X-1 • < .. • • 0 • • • • 0 ... • ARTICLE XI Special Governmental Requirements Section t. Maximum Annual 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 li.miw:ions of Code Section 415 in accordance with subparagraph a below: a. Defipc;d Benefit PJan(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 (S90,000) adjusted for incrcascs in the cost ofliving, as prescribed by the Secretary of the Tl'C3SUey or his delegate, effective January I of each calendar year and applicable to the Limiw:ion Year 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. the 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 (SI0.000) and such Participant has not at any time participated in any defined contribution 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 ten (10) 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 part thereof), but never less than one ( 1 ), and the denominator of which is ten (10). The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages sixty-two (62) and sixty-five (65). If payment 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 before the Participant'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 attains 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 aaainma age fifty-five (55), 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 firefighters who arc Participants in this Plan, in no event shall such amount be reduced below Fifty Thousand Dollars ($50,000), adjusted for increases in the cost of living, as prescribed by the Secretary of Treasury or his other delcaatc). If payment bepis after the Participant's attainment of aac sixty- "~'UIIIC Xl-1 - ·- I· • , - - • • • • t• • five ( 65), the limiwion in ( 1) above shall be the Actuarial Equivalent of such amocnt otherwise applicable at the Participant's attainment of aae sixty-five (65). The intcn:st ntte to :,c used in determining Actuarial Equivalence sbaU be the me specified in Section 1.2(b) hc=e however, the interest rare used in determining an Actuarially Equivalent single life amount ~ an Actuarially Equivalent pre-qe sixty-two (62) amount sbaU not be less than five~ (5%) and the interest rate used in determining an Actuarially Equivalent post-age sixty-!:','C (65) amount sbaU not be gram than five pcrcmt (5%). In oo event shall a Participant's maximum annual Pension allowable ~ :his Section be less than the annual Pension (including early Pension and qualified joint and sur--'ivor amwity amoums) duly accrued by such Participlllt (under Code Section 415 limiw:om then in cff'ect) u ofl>ecemba 31, 1982, or u of December 31, 1986, wbicbever is arar,e:- ( disregarding any Plan changes or cost-of-living adjumnems oc:curriq after July 1. 1982. as to the 1982 accrued amount, and May 5, 1986, u to the 1986 accrued amoum). b. Emplovee Copgjbutiogs : For purposes of this Section the Definea 3c:iefit Plan limits shall not apply to a Participant's Accrued Pension providable by Participant contributions. Section 2. ResvictionS on Twenty-five Highest Paid Emplovees: In the event of ?!an termination, the benefit hereunder of any hi&hly compensated Employee and any highly ccmpensated former Employee (as defined in Code Section 414(q)) is limited to a benefit tlw is noodis-__;miouory under Code Section 401 ( a)( 4 ). Section 3. Resvictiops on pjsgjbutiops: The annual paymcms to any "hiah-25 .. E:::ployec (defined below) arc restricted to an amount equal to the paymentS that would be made on be:lalf oftbc Employee under (a ) a single life annuity that is the Actuarial Equivalent oftbe sum oftbc :.:nploycc·s Accrued Pension and the Employee's other benefits under the Plan ( other than a social ~:.:rity supplement), and (b) any paymcms the Employee is cmided to receive under a social SCC'Jrity supplement. The rcstrictiom do oot apply, however if a. after payment to such Employee of all such benefits. the value of Plan assets equal or exceeds one hundred t.cn pcrcmt ( 110%) of the value of current liabilities (as defined in Code Section 412(1X7)), or b. the value of such benefits for such an Employee is less than one pe:-cct ( l % ) of the value of such curreot liabilities. XI-2 •. .. •· • 0 ' - - • • • ... • • .. - 5f:sim 4, fppplqms Wbpg BnftM An; BcsiSFd Ofish-25 F,mplgvs;es}: 1be Employees for any pm Plan Year whole bmam are resaiClr:d under Section 3 above ("bip- 25 Employees") iaclude the tMilll)'-&ve (25) bipest smd, for such Plan Year, of all biply c.ompeanred Employees and biply QlJdlli"i t1 bmer Employees(• defiaed under Code Sediao 4 l 4(q)). Sedigp S, '1kmftJ: PctiPcd· For pmpo111 of Sediao 3 abcM:, "benefit" iacludcs, ma ocher benefits. loam in arm of the IIIIOUIIII • fiJrdl in Code Section 72(pX2XA), any periodic iDcome, any witbdaawal values ~le ID a livias cmployec, and any dealh benefit DOC provided for by imwmce oa the Employee's file. Segigp 6, Vahg pf Arr, pd Cpmm I ieiziJiJia: For purpo1CS of Section 3 above, the value of assets and c:um:nt liabilities must be • of the same d8 and dctamimrion of c:um:nt liabilities must be in accordmce wi1b Treasury Replmon Sectioa I.40l(aX4)-S(b) . ac.ac1-BK UIOC XI-3 . ' • . .. • • 0 I I -• "' - • I• • '. ARncr,EXII Gvmmm pl Liabilities $egiog J N2DSUfPP1SS gf fgppfgygpcpt· Noching contained in this Plan shall be c:onsttued as a comract of employmem between the Employer and any Employee, or as a right of any Employee to be comimaed in the employment of the Employer, or as a limitation of the ri&ht of the Employer to discharp any of i1s Employees, with or without cause. Ses;tigp 2, BisbP IP Trust Apm: No Employee shall have any right to, or interest in, any assets of the Trust Fund upon caminalion of bis employment or otherwise, except as provided from time to time under tbis Plan, and then only to the extent of the benefits payable to such Employee out oftbe asseu of the Trust Fund. Neither the Employer, the Trustee, nor any member of the Board shall be liable to any Employee or Beneficiary for benefits from tbis Plan, except for those payable from the Trust Fund to a Panic:ipml in accordance with the tams of the Pim and the Trust. $egiog 3. Ngpliffllrigp gf BcPcfits· Bendiu payable under tbis Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assipmer,,, pledae, encumbrance, cbarae, pmishmem, execution, or levy of any kind. either vohmrary of involumary, either prior to or subsequent to, beina received by the person entitled to the benefit under the terms of the Plan. AIJy aaempt to anticipate, ali~ sell. transfer, assip, pledae, encumber, charie or otherwise dispose of any right to bencfiu payable bcreunder shall be void. The Trust Fund shall not in any manner be liable for, or subject to, the debts, contnlCtS, liabilities. enpaements, or tons of any person entitled to benefits hereunder. None of the unpaid Plan benefits or Trust assets shall be considered an asset of the Participant in the evem of bis insolvency or banlaupccy . XII-I •· • 0 , - • • • • • ~. Notwitbslandina tbe foreaoina, iD. KCDrdm with Section 31-30.S-208, Colorado Revised Statures (and prior to May 23, 1996, Sectioa 31-30-412, Colorado Rt:vi-1 Scanas), tbe Board may approve: (1) p&ymml to at a1tmJlle payee baled upon ml NRpma,f for cbiJd support purpoees IS provided for mlder SeCliam 14-10-111(1) aad 14-14-107, Colorado R.evmd Scanas, u thole scmas exisled prior to July 1, 1996; (2) iD.c:ome aaipmeats for child support purposes • provided for under Secaoa 14-14-111.S, Colorado llmllll StalUlla, eft'ec:tiw July 1, 1996; (3) wri1s ofpmidvnertt dm are tbe rau1t of a jnclpwat 111km mr 111.-.ps filr cbild support or filr cbild support debt; 111d (4) effecliw Jmy 1, 1997, paylDIIIII made in c:ampliance with a properly aec:Uled coun order approvma a wriam 41eemllll ealll!l'ed in1o pursuant to Section 14-10-113(6}, Colorado llmllll Slamla. Such paymmlS sball not be deemed a prohibited alicnalion ofbenefus . XII-2 . ' .. I . • 0 f -. I • · ... • . . AR,ncI,Exm Asrnrtsrna Secrigg l, Right lP 1'PJCPSI· 1be Employer (ar C1Cber body duly ubariad by tbe wbic:h do not permit rcw:rsioa of my part of die Trust Fuad ID die Employer except as provided in Al1icle XIV, Sedion 4, and which do not c:aua my part ofdle Tnat Fuad ID be u.d for, or diwmd ID. my pmpoa CICber drm die adusiw benefit of Paniciplall included in tbis Pl.a and wbicb does in order ID ..,.;awn tbe Pia's qualified rmus under Code Section 401(a); provided, bowewr. dial no such uwmdment may be made without die CODNm of a !eat sixty-five pezcem (65%) of tbe tow votes cast by all die affected active Participams and all tbe a1fec:ted retired and defmed vested Pll'bc:ipmD emided to, or receivin&, a Pension benefit bcrcunder, • die time tbe Plan is so ammc;led, u provided in Section 31-30.5-801 ofdle Colorado Revised StllUtes (and prior to May 23, 1996, under Section 31-30-417 oftbe Colorado Revised Stamres). XIII-I .. .. . . ' • • 0 - • • • • I~ - ARTICLE XIV Vnbdmyal IP4 Imuiw,gjog Section I, Plan Tmgjgatjon; If permitted by Colorado statutes and approved by the Colorado Fire and Police Pension Association, the Employer may at any time, by adoption of a resolution, taminate this Plan. A panial tmnimlioo of this Piao will occur if required under the qualification requirements of Section 40l(a) of the Code. Section 2, Alloqrjog of Asgg Upgg Plan Iranimtiog; Upon tcrmination or partial tcrmination of the Pim. 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 Piao assets. The assets of the Trust Fund shall be alloc:arcd to provide such nonforfeimble bendhs, to the ext.em possible, in the order of precedence determined by the Board at such time . Sztion 3. MIPns: ofDisujbution; Any distribution after termination of the Plan may be made at any time, and from time to time, in whole or in part, 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 comracts, or in installments, u the Board, in its discretion, shall determine. In making such distribution, any and all determinations, ai,praisals, 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 I I ]- • • • (. Sectigp 4, Ampypg R,ctyrpable tp the Emnkzm: ID no evem shall tbe Employer receive Ill)' 11110UD1S &om tbe Trust, except such emoann. if my. • • fanb below: a. Upon tenniua1ioD of tbe Pim tbe Employer sball receive such NDCJ1mn, if Ill)', • may l'IIDIUl after tbe wisfw:rion of all liabilities of tbe Plan to iu Panicipma aad their bendic:iaries. 111d lrisiq out of Ill)' vlrialioas betwem acnal aeqailemalll md GF6 leil actuarial requircmmls. b. ID tbe ewat of a coaaibulioa made by tbe Employer by a mimke of fact. such COllll'IDldioa may be Nlllmld to such Employs wi1bin oae (1) ,_. after paymem thereof. c. Iftbe Employer's del&111iDl'i.o11 Idler issued by tbe Dillricl Dincllarofi.n.l R.cvawe a to tbe Employer's adopciOD oftbis Plan ism mitial ....,..;...,... kmer aad is to tbe etfect dlll tbe Pim 111d Trust 1meiD ICt fbrlh or• ammcletl prior to tbe receipt of IIICb leuer do not meet tbe requircmenls ofSec:tioas 40l(a) md SOl(a) oftbe Code. tbe Employer shall be entitled to wi1bdraw, wi1bin oae (1) yaroftbe elm ofi1111enc:e ofsucb leaer, all ofiu comnDUtions made on md after tbe Effective Date, as tbouah it bad DCYer' adopted this Plan md Trust. Segiop S, Appljeble Law; All questions lrisina with respect to tbe provisions oftbis Plan shall be dcfermined by tbe applic:moa of tbe laws of tbe Stme of Colorado, except to tbe exrem such law is precmpled by Federal saanae. XIV-2 __ _...._,, •, .. • • 0 I -• . , . • ARTICLE XV Direct Rollovers Section), Qener:al: 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 Distributee'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 Eli&ible Rollover Distribution which exceeds $200 paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. If a Distnl,utee's Direct Rollover Distribution is less than SSOO, the Distributee may only elect to Direct Rollover I OOo/e of the Eligible Rollover Distribution. Section 2. Definitions: a. Eligible Rollover Distribution: An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Disttibution 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 Distributee or the joint lives ( or joint life expec:tancies) of the Disttibutee 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 disttibution that is not includable in poss income ( determined without rcprd to the exclusion for net unrealized appreciation with respect to Employer securities). b. Eligible R;tirement Plap; An Eli&ible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section .WS(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 40l(a), that accepu the Distributee's Eli&ible Rollover Distribution. However. in the case of an Eli&ible Rollover Disttibution to the survivina spouse. an Eli&ible Retirement Plan is an individual retirement account or individual retirement annuity . c. Distributee: A Distributee 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 aJtenwe payee under a qualified domestic relations order, as defined in Code Section 414(p), are Distributees with rcprd to the interest of the spouse or former spouse. XV-I . ' •. .. ,; •· • 0 , -• • • d. pin;ct Rglloyer: A Direct Rollowr is a payment by the Pim to one Eliaible R.ctilemml Plan specified by the Dism"bulcc. e. WfivF gf30 Day Nqrice fpr CnboPs1 gf $3,500 9C I -m: If a disrnDUDOD is one to wbicb Code Scclions 40l(a)(l l) aad417 do aotapply, suchdisrn"bulicmmay ofdlMl•:C less dim 1birly (30) days after the DOcice required under Treasury Replation Scclion 1.41 l(a)-l l(c) is pm. provided cbal: (1) the Board c1arty inmrms 1be Panicipat that 1be Partic:ipllat bas a ript to a period of II leat 1birly (30) days after receivina 1be aotic:e to coasidcr 1be decision of wbdbl=r or not to elect a disln"bulion (and. if applicable. a par1icular disln"bulion oplion). and (2) 1be Participant, after receivina the notice. affinnatively electS a dism"bulion. 11:C&ltt!C-•IUOC ' . ' ' .. I. . 0 l __ -. I • , ·, • (. IN WITNESS WHEREOF, and as coaclusive evidence oftbe adoption oftbe foregoing UlllrUIDeDt c:omprisiq City ofEDglewood Firefiprers Pension Plan (As Restated January l, 1996), the Employer bas c:aUled i1s seal to be affixed hereto and these presents to be duly executed in its name and behalf by i1s proper officers 1bemmto aulhorizled tbis _ day of 19 _. ATI'EST: CITY OF ENGLEWOOD, COLORADO By City Clerk Mayor . , .. I. . 0 l -. I ]- • 0 - '· COUNCIL COMMUNICATION Date Agenda Item Subject A bill for an ordinance implementing changes to supplemental benefits for the May 4, 1998 10 a ii City of Englewood's Firefighters Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has studied this issue at numerous study sessions, including a study session held on April 20, 1998 where Council gave staff direction to proceed with this bill for an ordinance . RECOMMENDED ACTION Staff recommends that City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The supplemental disability benefit for firefighters has been in place for over 20 years. The benefit has been the subject of numerous Pension Board discussions. The original ordinance was not clear in its definition to objectively award this benefit. This ordinance forms a new board to administer this benefit based on clearly defined criteria. 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. Other alternatives City Council may consider are to take no action or draft another ordinance. FINANCIAL IMPACT This action increases the actuarially determined estimated cost to the City by an estimated $1,000 per year. The current actuarially determined estimate of the benefit is $26,000 per year for both police and firefighters . The proposed changes will cost the City $27,000 per year for both police and firefighters. A separate resolution will transfer 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 $363,000. These funds will be transferred to the SeH Insurance Fund and reserved (along with any earnings) for the payment of this benefit. LIST OF ATTACHMENTS Proposed bill for an ordinance ' .. ., •· • 0 , ]- ORDINANCE NO ._ SERIES OF 1998 • 0 • BY AUTHORITY A BILL FOR , . COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 1, SUBSECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 3, CHAPTER 8, SECTION 1, SUBSECTION 2, AND ENACTING A NEW TITLE 3, CHAPTER 8, SECTION 1, 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 Disability Benefits'' which shall read as 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 . B. ANY FIREFIGHTER HIRED PRIOR TO APRIL 8 , 1978 RECEIVING AN OCCUPATIONAL OR TOTAL DISABILITY FROM THE FIRE AND POLICE PENSION ASSOCIATION SHALL RECEIVE 'IWENTY 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 . ..... •. •· • 0 ' • ]-•. 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 AW ARD ED . 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 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 ClTIZEN 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 • • SUPPLEMENTAL 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 • • ,. - 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 1, 1998. Section 3. Safety C)auaes 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 thia 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. Section 4 . Sey,:rabiljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or cin:umstances shall for any reason be adjudged by a court of competent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circwDatancff. Section 5 lnq>paia,cnt Qnljppwze Nothinc herein contained shall be deemed a waiver of the proviaiona of any other Code aection or recuJ.ation applicable to landscaping. If there ia a oont1ict between the recuJ.atiom in thia Section and any other Code section or recuJ.ationa , the more mnpnt recuJ.atiom llhall apply . Section 6 . Efl'es;t of repeal gr mqjjfigptipp The repeal or modification of any provision of the Code of the City of Enclewood by thia Ordinance shall not release, extinguish, alter, modify, or chance in whole or in part any penalty, forfeiture, ar liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held aa still remaining in force for the purposes of auataining any and all proper actions, suits, proceedings, and prosecutiona for the enforcement of the penalty, forfeiture , or liability, as well as for the purpoee of suataininc any judcment, decree , or order which can or may be rendered , entered, or made in such actiona, euita, proceedincs , or prosecutions. Section 7. ftnllty. The Penalty Provision of E.M .C . Section 1-4-1 shall apply to each and every violation of thia Ordinance . Introduced, read in full, and passed on fint readinc on the 4th day of May, 1998. 3 ,- • . •· • 0 ]- - • • • • .. Published aa a Bill for an Ordinance on the 8th day of May, 1998. Thomae J . Bums, Mayor ATTEST: Loucriahia A. Ellia , City Clerk I, Loucrishia 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 paaaed on first reading on the 4th day of May, 1998. Loucrishia A. Ellis 4 ------ • .. • • 0 f --I - • • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject A bill for an ordinance implementing changes to supplemental benefits for the City of Englewood's Police May 4, 1998 10 a iii Officers Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has studied this issue at numerous study sessions, including a study session held on April 20, 1998 where Council gave staff direction to proceed with this bill for an ordinance. The Council adopted changes to this benefit in 1997 when they approved Ordinance 38, Series of 1997 on final reading May 19, 1997. RECOMMENDED ACTION Staff recommends that City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The supplemental disability benefit for police officers has been in place for over 20 years. The benefit has been the subject of numerous Pension Board discussions. The original ordinance was not clear in its definition to objectively award this benefit. This ordinance forms a new board to administer this benefit based on dearly defined criteria . 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. Other alternatives City Council may consider are to take no action or draft another ordinance. FINANCIAL IMPACT This action increases the total actuarially determined estimated cost to the City by an estimated $1,000 per year. The current actuarially determined estimate of the benefit is $26,000 per year for both police and firefighters . The proposed changes will cost the City $27,000 per year for both police and firefighters . A separate resolution will transfer 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 $363,000 . These funds will be transferred to the Self Insurance Fund and reserved (along with any earnings) for the payment of this benefit. LIST OF AlTACHMENTS Proposed bill for an ordinance ., ...... W' .. ., •· • 0 1 32 x l ORDINANCE NO._ SERIES OF 1998 • 0 - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 Oflicer·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 baaed on clearly defined criteria; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $tcti<!P I . The City Council of the City of Englewood, Colorado hereby repeals Title 3, Chapter 7, Section 2 , entitled "Permanent Diaability Benefits," of the Englewood Municipal Code 1985, and enacts a new Chapter 3, Chapter 7, Section 2 , entitled .. Supplemental Diaability Benefits" which shall read aa follows : 3-7-2: SUPPLEMENTAL DISABILITY BENEFITS: A. IN ORDER TO SUPPLEMENT THE INCOME OF ANY POLICE OFFICER, 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. 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 . •. ... •· • 0 , - - • • • 0 I • • C . ANY POLICE OFFICER 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 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 AW ARD ED. 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 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 SUPPLEMENTAL 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 r ]- • • • 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 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 . $ectjon 4. Sey,:rabjljty 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 ita application to other persons or circumstances. Section 5 Inmnajat,cnt Qnfjnanms Nothing herein contained shall be deemed a waiver of the provisions of any other Code eection or regulation applicable to landscaping. If there ia a conflict between the rerulations in thia Section and any other Code section or rerulationa, the more atrinpnt rerulationa shall apply . Section §. Effect of repeal or wodi§etjpn The repeal or modification of any provision of the Code of the City of Englewood by thia 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 , suita, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, aa well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions , auita. proceeding&, or prosecutions . Sectjon 7. fen&lty. The Penalty Provision of E.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced , read in full , and passed on firat reading on the 4th day of May , 1998. 3 ,, - •· • 0 ' -• ,. • • Publiahed aa a Bill for an Ordinance on the 8th day of May, 1998. Thomaa 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 ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on firat reading on the 4th day of May, 1998 . Loucriahia A . Ellia ,, _ . . ' .,• • • 0 J - J • • OltDINANCB NO. _ SERIES OF 1998 . ' '· • • • BY AUTHORITY I • COUNCIL BILL NO . 10 INTRODUCED BY COUNCIL MEMBER WAGGONER A."l ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENTITLED PIPELINE CROSSING AGREEMENT -MILE POST: 6.45" AT YALE AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, in 1953 the Englewood City Council authorized a "Water-Way License No . 20801 Agreement" between The Denver And Rio Grande Western Railroad Company and the City allowing the City to install an 18" cast iron sanitary sewer pipe line across the existing railroad Right-Of-Way at West Yale Avenue and a 6" cast iron water pipe line ac:rou the existing railroad Right-Of-Way at West Bates Avenue; and WHEREAS, the Englewood City Council approved a "Utility Protection Agreement" pertaining to modifications for the Southwest Corridor Light Rail Project, between RTD and the City with the passage of Ordinance No. 43, Series of 1997;and WHEREAS, due to the Southwest Corridor Light Rail Project, the 1953/1954 Agreements need to be modified became the location of the heavy rail railroad tracks have been changed requiring additional encuement of the existing pipes; and WHEREAS, at the time of c:onatruction the Union Pacific Railroad Company (UPRR) formerly the Denver and Rio Grande Western Railroad Company, entered into "Right Of Entry Agreement." with the contractor and RTD; and WHEREAS, the Union Pacific Railroad now wiahes to revise their Agreements with the utility line owners to reftect thoae modifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5ec;t,ioo 1. The City Council of the City of Englewood, Colorado hereby authorizes the Pipeline Crouin& Agreement between Union Pacific Railroad Company and the City, a copy of which i1 marked as E:diibit 1 -"Pipeline Crouin& A,reement - Mile Poet: 6 .45" -Yale Avenue, attached hereto. 5ec;t,ioo 2. The Mayor and City Clerk are hereby authorized to lip and attest 1aid Pipeline Cro11inr Agreement on behalf of the City of En,lewood . • I - ,~ . ' • 10bi .; • • 0 l • ]- • • t• . • ' .. Introduced, read in full, and p8888d on first reading on the 20th day of April, 1998. Published u a Bill for an Ordinance on the 24th day of April, 1998. Read by title and p8888d on final reading on the 4th day of May, 1998. Publiahed by title u Ordinance No._, Series of 1998, on the 8th day of May, 1998. 'lbomu J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forelOinl ia a true copy of the Ordinance puaed on final reading and publiahed by title u Ordinance No. _, Seri• of 1998. -2- ,, -. , • . • • • 0 , I l • • ,,,J • ( . I -,,~ ~ 1·111 ~ I § 18''1 II ~ IA.f J i 1· t r ~ I ! . ~ ~ : r e j ! I . • s-l ~ ~ ~ i m .. . ~ 1 i ~ ~ r r ~ I ':' 11 ~i fl.g 111 s-~ ~ · :-i:: t1 f ~ 2. C") t a. f I r •,I if I m iiJ-~-li ~. i11· i f Hii H f ·1· i I J;::;1-~i f fl 1t !• -a. , I = 1 , .. :.1 """" a ~ m · 1 I irJ. ·1·h1 I 1i E ,1li1 H ~l ii i ,j~l i i 1. 2. ~ a. 1• 1 t 1 • r i I i t h ! • 11 ij § 1 ~ t ! l SI I t r I I . ! 8 = , ... a ;. f ~ I } ~ f I m ~ r i a. ~ 11•. f ll 11 1 i~ ! i! ! !lH . jJ ! · @ !~' I . ~ ! l·J [ I I ' I t f J· t 4 ~ i o I § i i t ( I 1 · •r I ..., =t a. 11 • f ~ : H a m I .. 1 i r . ;i 1 1 8 I, I! l'.l1 -1ti ~ 1f 1 ,( ~i I; II'. 111 It I. it I ' i, < g i ' 1 · · 1 ~. 1· 1 I !. l I. l i I . 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E1!ill:lift upaa dll ,-u,;-aldll Plpliim ad afdll-dam( dacmaila i+ Amlil No. S21171. dad S p m1N1 20, 19~ • ._ Ila 0... ad Rio a-di W.an llailraail 0..-, ad da Ci&p of~ aJ/ar dim I* I a a...W,i....-ar (if......._), _,...dlllllbja:rP!plliaada-laclliaa.llllilba .. lli'-d; PICVIDED,.--11.a..ia .. sillll-aSacr-,atdariplar +#15 . alda.,._ellill a-.L ....,. ar lilllpJ I I (if w'l ti ), wllicla-, :.W ICIDld. ar l1llli1ilill. a:nm ar..,..., wllicla-,,.,,. aillll pair 1D ..ia-iaallil:-. Dir WliNDS Wlll:DOI', dapmill i... :.Wc-a 11ii1 "'"•»--111 i.-...aa aldll da Sarlillllia W1i11111. ATTEST: x,_ _____________ _ Loucrishia A. Ellis, City Clerk 11111 Thomes ,I Burne N11rnr ,,.,, .. ,-:at: ......... -~ ------ • • 0 • • 0 I• - APPLICATION FUK ~-...L .. ~.c.J.J NON-FLAMM.ABLE PIPELINE CROSSING N0'1E: ALL AVAlL\BI.BDIMBNSIDNS MUST BE FILLED IN TO PIOC!SS 'lJIIS APPLICA'llON SIIE DRAWINGS A'lTACBED BEIETO -II""---·--~----.--.--- ::, ---·--·------n ----~-•111111 .. -----------~----• -._-......... __ -It___ IAIIIUI.......W~ . -----------· ·---------" -----~·------------·----------- A) la ..... C&aaills .,...0-11-: s..f j)_ Ya; _(X)_ Na; l"'-afS..: _{lllnlll • Y• A-»_ B) DIM 7 . Lilll: _(X)_ 1l . . Lilll: JL C) C illrJ, • be C-,.1: _~ S-.-,,j 0,.-.~ _(1),j D) Cmilr Pipe WIil 'l1lidlaa: _(UUl"),j 0....: _(Jr),j Maaill: JCII')_ E) c--. Pipe WIil 'l1lidlaa: _(UGS"),j Dilalal: _(Jl"),j Mllaial: _{91111)_ F} MlllbDd afllallas c.._ Pipe Umllr n.t: _(X)_Dry a-ad.Ja:t(WcS-ilNOT~ G) W1D C d be i., aGllllilll ? _(X)_ Ya; j)_ No S) o....a..c.atTmra• .._,_at._. ....... ... .___ • ._MP'. n-c _(Jlll'),j .. ...... OAppMaa•C---«J ~ afUllilaPaalcC d D; a&•D .• ,._ 0pac c--_<X>_ o-. _c Lo... Nos 11111 • v..., anrca • be P C I 1"lalllr No.: f l cxa,wrr "A-t" tJNID(lf PM:DIC HRW>AD COMPANY COI.OaADO UlilllGI SIJW\IIIION IIIU !Oft Ml&s.-~II Uwkz , ...... c.....••- INIGUWOOD. MAPAIIDS CO.. CO. lir DGIDlfAL DAl90m'A110N DIST. ,...No. dll-J6 0.: 0..W 17, lffl JOIIPKi •ALLCITtPPSU. TI I\IICr\lDll.......,.- tamaCIIIIDIICm • AIIIW.U.SOI ,.,,,,'am& 'IO -~.MaLGCA1DIOl,_CPTIC CMI& ,_,_.._ I· • C , ]- \ I I i (, • . , . • I rl'rr •••• 1,,,, Ism Inn -.- t • i • .__ .. i ! I a I . i ~ i I! 11 ;j i I i i i I I I ' - Ii ' -·--------========~~ . ' .. ., • • 0 , - (. • • • :•fn --J G),:. ,, • ''!I''• ' ' .,in,-' /•' I : ,1 ,~ / : ~ -. ' --. ' ;,1;J· .. -'· ~ ~ ... :' ' ' , /,. , 0, I .. , f ,, . I 1' 'I' I 'I , ,. II · 111111 • ' ; II ;s I '+-i--;==tf . l· ,I -~-c //h ~-i -~ ·r,· n+r i--: :~ i t t H-,. ~; g i '!/1 I ; II I : ! , /1 I I il 11 I . . :, ... !: :;1:;' /I i I I .. 1; ,,, .;.. I 11! i ! I !1 /1.'' 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Jil l · .lft ! lit t !ID' f It !IJf ft flt~i I 1J·i1frfr1 t! i;J,,l it flit •h t t , hh [!tf• t . h all • ;Jtt a· u.s !ff f ll!J iJf lll l · ~-r ,.tf · If ! rl 1·1 I r,,1,11 . !~ 1111 l_ ;', ar,r,, ., ii i1Jl JI I ii ,,11 t l;Jlitlll 11 11·1il 1{ •iii 11 l•ri l re 1 !rt11 1 , ! r,l 11 r11 1 f 11 i!h i t! it'1[iil ! ft! I~; U 11d t I A.,! & 1 I 0-1 ° , , 8 Q.~ ~ e l Q A , 1 f tj IUJ , II 1lr1r1 it: ·1· U [il Ir hi ( • a.ft Jlfif f ~f g.f l~ gJllrt a.ll f~ia • ~ • 0 • !~ II s - ir r fl 1 0 ~ 0 -. ' I I f r I O . • ' -' ~ - • • • • 0 • Sac!!cn 5. REjNF'ORQ'ldENI RELOCATION QB RDdQVAL OF PJPWNE. al Tha License harem grameci ia subject to the ll8alS and requnmems ai the Licamcr in the oparallcn af its railroad ami iD the~ and UN ai its prcpaty, aDd the UC811R9 shall. at tm sale empmN ai the~. remicrce the P!peiiDa. OI' -ail ar any partial ai the Plpaltm to such -1oca11cn as the ucamar' may d-gnare. ~. in the iunhan:mce ai its re • able needs and~ the lJcamar shall flZld such ac!lcn ,aaa.tll.Df mt:eaar'j ar ~- bl All the terms. conditlcm and ,npdanms ha'lin &&+JI 111 i:i With 1---=• to the P!peiine on prcpeny ai :ha Ucemcr m the locallcn ~ dNcnbeci shall. x, far as !be P!peia remama on the propa,y, apply to the ?!peiiDa as =caifiaci. cbangel or rwoc:al8d within the• I Mffll II ai Im w::!on. Sac:icn6. NO IN Witi®f.NCE WO'H I lCEWiOB'S Oe;RATION. The P!peiine and ail pans thseoi within and allSlde a Iha limlta ai Iha propaty a the Ucensor silail be c=muc:ed =a. ai ail=-. :naa 111 iil-i :-.paired. r-.-.d arid oparcaad in such mas :o came no uwierwlce tfflCIS09'99f intb the conaz=. cmrtrn,c:ua c:rid u.mnam.ipled use al the tracb. pn,peny and fa:::lillea a tbe ucemor. and IIClbmg shail be acne or suifered to be daDlt by the LicenNe ai any ume thar wculd in any mczmar lmpall' tbe safely thanloi. S«::icn 7. PBOJ'tCDON Of FJBER QPllC CWrE SXSTD,fS . al ribar optic c:able systems may be buried on the l..icemor's propeny. P!otec::ion af the fiber optic c::cie systems is of azrwma unJ:X)ltance since any brealc could disrupt sen,ce to ~ t9Slliting m ousmesa lllterruplion and loss ai ~ ar.ci praiits. Uc-shall telephone the Ucensor ai 1-0-336-9193 (a 2-4-hcur ::iummrl to de!enmne if fiber optic c::cie is !=leci anywnere on the ucensor's .,.--to be UMd by the ~-!f ct :s. UCemN will telephone the teiec=umccticr.s ccm;xmy(ies) mvoiveci am:mge for a c::cie loccior. make am:ngemmis for ntic=iion er otl.-praec::ion ci the fiber optic =i:ie. ail ai Uc-·s expense. and will ccmmence no work :JC the nght af 7ff:/ ·.miil ail such protedon er :eicc::!1on hes :>Nil ~ ~-to the full Gl9llt penmtteci by law. and WltlDJI wamnq the prmieglt. 1mm,1nmes and w::cn= ai liai:ili!y in the Coiorcco ~ Immumty Act. 24-10-101 ec.seq .. as amended snail indammfy ami hclci the Ucemcr :=mieu ir= and agamat ail costs. liability and apeme ~ <izx::udmi;. Wltbcllt limltcman. Cltcmays' 1-. coun c::sts enc npemesl ansmg OUI af or caused inany"rra"( by Uc-·s failunt to crmplywith the provimcns af this jJCACJYlaph. bl In addition to othar indammty ;:rovtmcna in this~ the Uc-. to the full -em penmtteci by i.aw. ami intbcut wamng the pmuage. immnrntiN and limltmim• al 1mllty m the Calarcdc Govammamai Immumty flc .. 24-10-101 ec.seq .. as cmwxied shall indemmfy and held the ucemc:r bmmlaa from and a;amsi ail costs. liacillly and GPallN ~ (inch1rimg WltlDJI !izmtazim. aitan.ys' f-. CQll't com and..-> caused by the~ al Iha~-its cc:amcc:.u . cr;eru c:rid/or 9Dl1'10l-· ~ in ( 11 ar.y damcr;1e to er dNauclim a any teleccmzmmic::: syam on ucemcrs prcpeny, c:rid/r::r (2) any izlluiY to or daaih al any pmxm employei:i by er on i:leiialf a any talacamm mic:::tims compcmy, and/or :ta ===· cr;;eru and/U' em;ilayees. on Ucensor's propeny. acepr to the 911ml tbm such com. llccility ar 9Jll)9l1SN are c:auseci by the direc:: CIC'l1'N m¢geDce al the !Jcerwor. ~ hlnhar ar;en that it shell not haww or seelt :'9COIIIW a;aimi I.icemcr !er any c!clm or=- QI ac:lan for alleged Joa al prciita ar-. er lea QI aa'lice er Ciba-c:awequanllcl damage to a t~ e::mp:my usmg I..cemcrs propeny or a cuau:imar ar uam-QI -al the fiber oplic c:bla on l.Jcensar's propany. Sec:icn 8. CWMS ANP LIENS FPB YBQR ANP MA'IEBll,l,; TAXES . al The Ucw shail fully pay fer ail maranals jcawd er afllad to ami labor ;:iariamed up::n prcpany of the !..;.cemcr :n conmc!IOll With the c:anmuctlcn. a-m l+uv:e. IW!)all'. :...ai. m rilll cm! 1 er ~ QI the ?.paiim. arxi shcil = penmt or suffer ar.y mec:harnc:'s er mar.naiman'• lien QI anr lmxi ar amure to be mia'l::ea a;ama the prcpany fer arr, 1'ak dam ar wais furmsbed thar9Cl1 at the imumce er requaa er en behalf oi the ~-The uc+1W sball uxiammfy ami bold barmlNa the Ucenscr a;ams and from anr arxi all lilm. daam. d+nands com and aq,-w QI ~ :iarure m =, way connac:ted With er growmg OUI OI such WCB dom. labor p+:!unwd. er W1ais funulm. bl Tha ~ shall prcmpdy pay er diac:hal,;e ail t-. chargN and ::r , -i...t upon. :n 191pec: tc. U' Ul =ount af the P!peline. to pr-,i the smm from becolmng a c:har;e er li+1 upon property a the Ucenecr. arxi ,o m the tams. c.liarga ami asaeam.ru !-.a upon er lll rapect to u:h prcpeny shall not be JllC'emed be:auN QI the kx:aacn. ~ er mamtenance af the ?!peiine or any impl'O'IWffl8nt appliance ar !mur'9 cam-=:ed ~ placed upon IUC."l prcpeny, or on accoum al the i..ar-s -u..n. Whae u:h im. diarge er em may no1 be wpaaa11iiy made er aDN9ld to the Ucw but aball be includaci 111 the C7UNSl'IWII QI the property QI the u.cenaar. :bm the ~ lhail pay to the I.J.cemcr an equdee1a propa,lOn af such tams dMamineci by the 'GUe ci the i..ar-1 ;:rcperTy upoa properTy QI the ucenecr :S c ompaseci 2 • . -~ '[f'r, • • 0 , • • ~ ... l, • • J) f [l J If 11111 r'J. i I J.J~f! ij ff !I fa f ~f f Jff i 'I! J J 1~ di' ~ J laB ! f ,Jh = t ~ ~ ~1': lfuH ~ p I JIJ1rtl 'r ~ I ,I · 11 i rraJfnr~ I " F ~ J itt• ·! J111JIJt1 J •t rf iflliti'rr!i i 1 111 iii itil(i I I1 1 1ljtt·!i t ti if I .Jp 1HUR i l 1! 1u hhrf iqRf R·tlit I i }[ iiiilJff'i 8f1 1 i ll •ll fJl1fJ Jff~tJIJl!r h ... I il 1 ~ h I~ J rt .t. L u. r 1i:1f llUr ;111~1 11RHR i sf[ JI •f!titl1l1~fi it' iif f!falil liili't1·•l P I 'f llRJlj f H1 l I i •Ulu f Jtll 1 ! ti tlillfitl! 11 il! lrill1 lllilttitl · • , • ~ • I I O . •: , .. ' :: -• • · ... • (. ff,X -(la 190-36) Na P 2 ••~A'VP-us a> 11t.Ucawcbaaat .... 111adglltballil~.ac111aPllalllaiar-ru,-r. aclflllal.-.-r wmda:mlt • • s-• ca cmr=---acaar a ballil iarczpmadcatl*lr CID da,a ~-11111afmD 1t. r· IID1t.Ucaw: 11,11a;-=ildmal.1t.u-.rmar,cs1aqi1aa.btlmlll1 tr Mlt• + •tbaAuzw br-aatim. b> mCDdlli:ll1at11aµu r r cs ,, ••atcmc-.tba.Auz smari»• r •·br-ldmgilm.br._. pmtr_.,IDlllaadllraacqoc*-lll-=bldm..._ aat-. i-_ dim tl*lrc:ID da,a I z a• ID tbad&a9upm wbichlUChnallm .. begllaL cl Ifallc9ca daaall aadnr:iace ca IN 1 • n-,, beaawd pw D2 upm lllaU.:.-« .brmmllniJ1D tba lalt imwn cmmwcatbaUcaw. '11 catba.Auz ••cmr-.. •a11Ctcmrca1t.agblaac t4J •h aflllapanm _.,wbich-,,1--accnai. at ....... CIC!Clmdacadwaw• 1111*hmar1---pa:r~ Sacllal 14. JGM-ffriril Jl'tlQ E ftSSl?fP n.Ucaw .. aat~tbaA.,. • m ... aclDpart. arcm,nglaballilGfllll*d, willmutllla_...ccmmt ca llla Ucaaar. and• hi (9wal tla cmr1rmaar ac M; w• ac ll'mlfill-ac -+.: w• ca tba Auz s ac cm, al llla dglltt i.-granlad. ---~. a,apaallmcalmr. acadwa-.. wllall lUCh caaml Ill wn11111J _.I» amciuliliy ,iiiadcmd. atlllaaptiaDailllaUcamcr ........... tba__.. Sacllal 15. Subjecr to the pralili:xll d Sa:lkla 14 i..ct. tba }9 m mal I» bad:!; upm aad mmw 11D 111a bmlllt d Iba panla _.,, !hair min.-.... ca:lmmiaeac&wa. .....--n aad ......_ ..... . ( • . .. • • 0 ~• ]- • OaDINANCB NO. _ SERIF.s OF 1998 • • - BY AUTHORITY COUNCIL BILL NO . 21 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENTITLED "PIPELINE CROSSING AGREEMENT -MILE POST: 7 .76" AT KENYON AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, in 1954 the Englewood City Coun.cil authorized a "Pipe Line Cl'Olllling License No . 21178 Agreement" between The Denver And Rio Grande Western Railroad Company and the City which allowed the City to install a 16" ca.st iron sanitary sewer pipeline at West Kenyon Avenue a ross the existing railroad Right- Of-Way; and WHEREAS, the Englewood City Council approved a "Utility Protection Agreementw pertaining to modifications for the Southwest Corridor Light Rail Project, between RTD and the City with the pas11age of Ordinance No. 43 , Series of 1997; and WHEREAS, due to the Southwest Corridor Light Rail Project, the 195311954 Agreements need to be modified because the location of the heavy rail railroad tracks have been changed requiring additional encasement of the e:r:isting sanitary sewer pipes; and WHEREAS, at the time of construdion the Union Pacific Railroad Company (UPRR) formerly the Denver and Rio Grande Western Railroad Company, entered into "Right Of Entry Agreements" with the contractor and RTD ; and WHEREAS, the Union Pacific Railroad now wiahes to revise their Agreement. with the utility line owners to reflect thoee modificatiOD11 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby authorizes the Pipeline Crouing Agreement between Union Pacific Railroad Company and the City, a copy of which is marked u "Eshibit 1 -Pipeline Crosaing A,reement - Mile POllt : 7 .76" -Kenyon Avenue, attached hereto . Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest aaid Pipeline Crossing Agreement on behalf of the City of Englewood . Introduced, read in full, and paaaed on first reading on the 20th day of April, 1998. -I - ,, - 10b ii t ·~ t' '.t .. .. •· • 0 f 32 x l - • • oaDINANCB NO. _' SERIES OF 1998 • • - BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENTITLED ·PIPELINE CROSSING AGREEMENT -MILE POST: 7.76" AT KENYON AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, in 1954 the Englewood City Council authorized a "Pipe Line Crossing License No. 21178 Agreement" between The Denver And Rio Grande Western Railroad Company and the City which allowed the City to install a 16" cast iron sanitary sewer pipeline at West Kenyon Avenue s l"08II the existing railroad Right- Of-Way; and WHEREAS, the Englewood City Council approved a "Utility Protection Agreement" pertaining to modifications for the Southwest Corridor Light Rail Project, between RTD and the City with the passage of Ordinance No . 43, Series of 1997;and WHEREAS, due to the Southwest Corridor Light Rail Project, the 1953/1954 Agreements need to be modified because the location of the heavy rail railroad traclts have been changed requiring additional encasement of the existing sanitary sewer pipes; and WHEREAS, at the time of construction the Union Pacific Railroad Company (UPRR) formerly the Denver and Rio Grande Western Railroad Company, entered into "Right Of Entry Agreements" with the contractor and RTD ; and WHEREAS, the Union Pacific Railroad now wiahes to revise their Agreementa with the utility line ownera to reflect tholle modifications; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ,''l OF ENGLEWOOD, COLORADO , AS FOLLOWS : Se!;tigp 1. The City Council of the City of Englewood, Colorado hereby authorizee the Pipeline Croaaing Agreement between Union Pacific Railroad Company and the City, a copy of which is marked as "Ellhibit l -Pipeline Crouing Agreement - Mile Post: 7 .76" -Kenyon Avenue, attached hereto. Se!;tiop 2 . The Mayor and City Clerk are hereby authorized to lip and attest said Pipeline Crouing Agreement on behalf of the City of Englewood . Introduced, read in full , and pa88ed on first reading on the 20th day of April, 1998 . -I - • . 10b ii .. • • 0 '~') I -• • • • ·, • .. Published u a Bill for an Ordinance OD the 24th day of April, 1998. Read by title and pueed OD final reading on the 4th day of May, 1998. Publiabecl by title u Ordinance No. _, Series of 1998, oo the 8th day of May, 1998. Thomas J. Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewoocl, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and publiabed by title u Ordinance No . ~ Series of 1998. -2- ,. -. . . . ·- • • 0 , ';).') I • • -! i ,e ~ ''Ii I ~ I ~ 1 s B 'I If ~ I A.f f ic IU ~ H·J/ ~ 1f ~ ,!JI, l~~t ~ ~ ;i~ {i ti 1!! I !i 1 (ll i Ii I f11il! I 1!~ I I !ill :' ! I 1 ii ! () cl ·I! Fil !l r a I; l !I It t t I I ~ ~1 ~ ,a J I a. a J j J.g i!-~ sl , , • ~ t I . . ~ ' • r ! . ui d ~ ! ~ I "l i i t 1 In · 1 • 1 1 I 1, i 1111 t i , 1 i ~ , i h I r .. : i I a.f '1· a. 1• 11 I if a H II~ I !1 ~ h U h 15 ~ ! (: '. '1tri; ~ "'I i 1:1IJ· J ,r ~ i~! .r R~ ,, I J 11 I It l I r O It tl :i-. 8 1 ~ a.~ rf . ~ : ,· !, a· , .. 1· 1 f ! I i f b J ~ = i I . i Ii j ·,· I! I 1 l I 1. l tJ ~ i f h CI j-1: ffl ij . ~ : C'> 1, .,, ir, . ... · . . , a , 1 (t ti Jtllt i t1;f11 !r ; r1~ r I O . • ~ . , ~. •. ii ! ir 1 • n P • 1 • il 1 i H Ir Hrr!I t uf f !t lt1 ! " I-' l-3HlllHtI:Xt, • • ..... • . (,J I\) X <') • i t •'J'1 ~ I ~ · ti~' i ; i rf ;f ~ f ~ • l ~ i: ~ I ~ i f i l ~ ~ I !f 11 11 I rl i I j!1f f 11 > I ,~1 111 If f t·l, I:! • 1 tJJ< . i t h I ¥ f I r [ , r j ~ i • l J !1 ! I i ! if 1ilf i Jilli i Iii I l ~M I I ! t1lfl1 r !(rl! i'I; .. .. ... l i I hlf h l B ff i!t I r g s ~ ! • Ji.Ii r t~t I : 1 , ,u11r i u1 , s ~ li.tJf I r ,11 j I f! I I t· l l t•J i , 1 r ytrJ t llr i ii i ~ r t!lii. , 1~r ~i, , .... • 0 -. ,. •. r I .. ~ • ~: ~ . . • ~ I • • • ! i ; I I .. ~ I I i ' I ~ I .. i . • ~ F I . i ~ I = :: ~'IUI t, IU ~~1:rl II ..... ~ ": i l1r;·1 e1 ,,m 'I ,-) ; I l ~* "111: I ,. f ' ~ ii I 1 = = !f: ; I ••• tilli ~ I j I •I• • ~j 0 I -- \. ;,..-- y+ I i I ! I I !i I I I • I !\ II -~ ,--.,, ' I • . -., • I • 0 0 • C - ------. ... \ ____ _ •· • i ! -> .., • , ]- • • "' - 0 I• • . PUC 9llll06 (S. 1590-37) Ma Sa J cl ID ba A!llll'fflll. A VP-Law EXHIBl'1' B s.:ucn 1. LIMITATION ,ym SQBORPJNA'IlPN Of fflGH'l'S GBNfflD. a) Toa fcregcaaJ gram af ngilt is subjact am subardizlala to Iba pnar am a:rntmunq ngbt am obiipnn ai Iba ucamar' to uae am mcimam its mare prcpany mcludinq the n;m and pawa-ai :be ~ to c:cmiruc:. :na=am. repair. -· use. apaate. c:irmQ9. modify or l1IICCCl8 railroad tracl:s. su;n.al. c:ormmmx:crtnn flbar opllcs. or otbar ~ ;:apeiima am otbar ladlltla upcm. aicmg or acoa any or ail pans a! its pr,:ipany, ail or t:r oi ,mich may be lzwaly dcDe at any time er 1ima J:,y tbe Ucamar. b) Toa faragcing gram is aiac sui:,jad to ail ausrnnriing supericl' =igms <mc:udlrJq those in .i= oi ~ and 1-a! tba ucemcn ~. am Olhas) end the ngm oi tbe Ll.canscr to r9D9W and al8D:i the scme. end is mace wnhou! C:ffll!!lClllt oi title or !or qwM ~- a) The ?!peiiz» shall be ~ cparcmd. :nCWlll"IIZl9Ci rwpanc. t-.-.ci. :ncdlfiad an,;j/or ~ J:,y :he ~ m stt1c: cccionmty With Umcn Pac1ic Ramcali Ci C=nn Slt:zlacrd Spedcc!lcn 1029 ccci,ted Novwmcer 1949 .. c:r,..ci ail mmn:tm-a th8reoi azxi suppiamems tharalc, "fflC ='f 1his l'IBllrmlC9 IS hm-,, made C: ;:an ha9oi, 9llCe,::t CS mcy :,a mcdifiec and~ J:,y the !..icmscrs Vice P!wmaam-E::;:mamq s.mc.. In :he -suci Spac:fil:= c:::m1ic:s :n any :wpec: inti:. the rwqwramenis oi any fecisai. -er :mmic:;,ai lc:w er :1lgUiaccn. suc.'l l'9qlm'mlm!S sncil i;cvan en =il ;::i::uns oi c:om1ic:. ::ui in ail other :wpec:s the Sped=ncn shall appiy. b) All 11Ctt pericrmeci en propeny oi the ~ :n <=mee"'..cn 'lfflh :he c:msa-=cn. =en=.ce. :-epc::r. renewci. mcdific::licn or~ ci the ?!peline shc:il .be clcne to the scmici:"'..cn ai :he l..camcr. c ) ?:-.er to the c.JIIIUWllCilmalll oi any 'lftX'lr: :n coamdal With :ha c::mlNCicn :n :m •. ~. :'wwal. modificcllcr~ reioc:crtm ~ or :-amcvcl oi the ?.palim wila'9 it ;:,as..· n ,,....!Mlh Iba rca:ibad c:nc =it or =ks af tm Ll.camcr. Iba~ mail uzm :c Iba~ p1cm IMliDI; oui ma mabcc cmc _. ci !admr; me wax. ~-lbcrDJ =ti C".ban;. i1 :my. :wquna to prc19e the Ll.camars oparaz1rm.. am mail :xx Jll'CICINC ..ti me wcrk :.mzi1 -=i p1rma im.. bNrl ~ :,r :be V"x:e ~~ S.-ci Iba Ll.caa::r and :Mc :he wait sbcil be aa. to Iba tlii h al the V"u:e P!-w:am~m; s.n.c.. or !us c:urhcnZ9ci litjJIWJIC4N. The I.rm mail :KIN the ngm_ :J :t 80 elac::s. :C prania aK::l mppcn al It :nay aaam ia:aaary fer :he sc!ay ci ils tracE er :rcz:b mmq ---oi CCIIIINc::icl1. ,, -"" •. !'IIP=', rmawc. madlfic=. :wcc::mcn ~ or :wmavci ai :he ?.;,ailm . :ed. ;zi :he -:he ~ ?f011CN such suppcrt. the ~ shall ;:,ar :c the ucmaar. whm fiftNn ns1 dc?s aila' :a11s shai1 !x:N cem :Wl09Nd tbawcr. ail a;ianN mcimwci :::r the I..c..ar ;zi c:. a «:tion ~ wbicii apalN lix:il mc:m ail ,wag :ri:+, c::ms . d) Toa ~ lhail ~ and :ncamcm :he ICai oww :he ?!;,aiiz» tbcrou¢iy c::mpac»ci am the ;ram -With the ai::ijacam suriaca al :ha ;z-am Sednn3. l! ac _..,.._1 sbculd ama :wqimm; 1mmeriic!• aDmllcrl. :he ~ lhail ;irtl'flda as :mlCl :icace as prar::lc:::bie to uca:mcr =-b'9 , 11 1«1 c:::,q any wat. In ail eds ntucmms the ~ lhail :icafy :he ~ ar !.s tao (1 0) days (er IUc!1 ocher :ime as the Ll.c9mcr :nay ailcwl 111 ~ al :be c::ammen -r:-ai al1T -wat upaa ~ ai the LJ.camcr :n :cnrwr:xn With the camzuc:lm. ., M a: • :wpm. r...ai. llC!aifk:m r, :wa:mauc:xn :'9icx:mlca er~ ai the P!palim. All -=i 'IR:n shall be prc-=".nc! dill;amlT tc , ileaon. The~ shall !)ear-:ha --coa am~ mc:,m9Ci m canaaclcD With the~ ::namrenance raper aria :-.-.::! arid r::rry and ail modific:mcc. ~ rwicc::mcu. :-amcvcl er l'9CCIISll'UI:: oi the ~. lllC:uding arr, cad c:il ap9lla wr.x:.'l ::cay be Jnc'.m.ci by the uamor :n c:camdm tla'WWllh fer supammca. !Dspec::lnn ~ er Clbawme. - • . • • 0 , • I • I IJll 1 ~: lflfl: I 1!fllltlt: fl 1lilf!I: I !fir I Ji: (Ji: I f: ~ 1 ·1r q. qll··1]1 l . a _ o·l .. f 1 ! to. t · 1,1 ~ 1 . • .. i: ,1 h~1 1i . 1 ir,. ur 11l ll1ihh~i . HH t'h if Ji i . r•w hh. It ;Ph·Uli 11~1Uifil htt !15]1! !1 6 l !Jf fli .. 11 "s1 ieftff · fj ~1 ~8-B ff M.~-1 !. -Oli O ~-" B 1 'i ilit1i& ''!l~t 11111 .. 1jft !~:11t~tii . 11!1 :~r 'JfJ ~hh,I Jfe•l, .. uiu10, 1Jh~1-~ar Jihll J.!'I r r1 1•iffl .r~!t! 1 filf 111, ~~luf!l~iii ~ 1iflr ~ Ii Iii~ i l Jri g ~ Q Ii tB .J~ij~ffJJ -faa BJ • I O . • .. flfl 1~l 1!f[ffJI f,IIIJf(jl llf !f ifJf ~f! J !ll]l ·Ii. ~[M•~!ieJ flt t) 1:a·1.1 ij t 1 , ~-1 I r.~· e a r ft·~ Ila 1. ii i ·J J · r ~ uf Uf ii !!hf fiHi f i 1UH !h Hl uf Iii I 191:.II ~rfl. 11;1111~1 l,1r1.11: ~11 I. 1., ~ ' . ~ • ~ ..... • 0 • • (. • I ...... w f\.) l, • • JJ 111 1 ( 11111111 1,, r 1 _ 'Ir iJtnr r Hu1u 1 11! 1 , ·1. f ~ ~ ~1,u,af12.f if ~ i ~ · itl! ! ·JM It P Bftf11·J J'r · f !(I t H!Hnr1: I 'i r ; .~ rl~LJ . J 111,11 I· : r -~ ; t Hi: B Q .• I i 1 It < It ·1 11 ~ : ~ 1· :u I· w· J.I: f I 11.1 f 1 • 8. J ~ Q. 1 .~ 'i[&tf~ a'I f Q ! }I l ~ If n el 141Q~f l ' f[ flf~!frttf1 [ I '! ~111 l1ill1 . i~tf.lt!it I ' ir t 0 u!1 -!1lsf " q In Jl 'tjlf a: 1ff •ib1•r ! ,;r, I a f ! . ·•i t ~ t f~ t~1!J . I• ir11~l 1f11 1-t' If !11 l111!t fr111,,rll. ~ d HdfllhL , f h !J! thdf dJhrln• · ~Mi( I B ,. fl . . g k. lr !lJ ~10Jf f1 -,.u~ -.. !l •ff![~llg,·r(i ii irr (.j1fl .1tlj~l1lt 1 i I 'f ll hj Jf Hr l ' ; •Hlu t' UI ~ ii t!iitfii!! ii ill lrtili illi!tltti • ' • 0 • r I I O . • ',. ' -;; \ ' - - • • • PU -(la ~J7) -·· iaa~A~ al · ltlaU.:-.dDanat1aetladgill-*ga..-dt:1tlaPlpalmir-<ll,-s. arlltlaU.:-. illdli:ml atla GI cmr=--t arc+ -* far~pmad«-.am-.~--faatla i.--ta .. u.:-......,lai, mcbc:ilall. tmU.:.--mar. cs11ap1ma. ...._. t11a.A1'9.--• ........ lat 111..._atlap:c I I GI IL C 51 at.,_tlla,"3 aa,la br ____ .._ ........... adm'cacarc*-illmcllmll:9-.i.lllllJaa.---. ... -.ca-. ..... -... c*-i.- ........... 1-gllaL d -oidlmlllaDdaallcaoi mar•--: T: i.-.. U.-.arbr_.,.111 .. ia.1ma1,n addl.-GltlaI.11:aw. 'II a oitllaA,,. farClllt'-.. lllllclllctClllt'Gltla_,.ar ·nu r Gltlapanllla ----=mart...accrmd. Cll' ......_ ca:nadCll' • ---=imari...amm plicrtlmwm. NiBt?Hf111'JIQl'.TQ. •ssrae:n n.u.:-. .... m~t11alv t a.._arapmt. Cll'Clllt'DPI-*~ 111biutm11111mccma1t dtbeU&:aar,aDd1t111...-clt11mcmr1nma1rt:1 Mfliw rtCll' tmlmrar MJI mGl111211.Ar,,,t ctarcmrci .. _..._.~ .....,____,,Jlrapm8:DGllaw. ar ....... wllaam:hc:ammtlll~ lbalbeat:aciulaly 1Cidcmd. art1aap11m ct tbe u-.r. lbl:dl talllilla tbiaA;sw Sec:lca 15. ~ ID tbe puwlli&W GI Sadim 14 i..ui. lblaA;srm allbe l:mdlc;up:n aadilu91ICI tla bmli2l ct tbepanm --,, tbair bin. -=ua:n. ca:lmiuillllcaaa. -=-:n am aaa;ca. 4 ..... ·~ .. D • • 0 , ]- «.DW'fCB NO . _ SmF.8 OF 1998 . ' • • • .. BY AUTHORITY COUNCIL BILL NO . 20 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING SUPPLEMENT NO . 137 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITlilN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of approllimately one acre into the District; and WHEREAS, said inclusion is located in Greenwood Village between East Orchard and Quebec at 5670 South Newport Street; and WHEREAS, the zoning of this property is single family residence Residential R-1 ; and WHEREAS, said annexation of tbia additional parcel of land will not increase the tap allocation to the SoutJipte Sanitation Diatric:t; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 137 to the Soutbpte Sanitation District at the March 10, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sedioo 1. The A,reement W-the City al Eqlewood and Southpte Sanitation Di strict entitled "Supplement No. 137 , to C'.oanec:tor'1 Acr-eot•, which includel approllimately one acre located in Greenwood Villqe between Eut Orchard and Quebec at 5670 South Newpirt &net, ii bseby accel)ted and approved by the Englewood City Council. A copy al uid Acr-t ii attacbed hereto u "Emibit 1 • and incorporated herein by reference. Sedioo 2. The Mayor and City Clerk are hereby autboriwl to lip and atteat, respectively, the uid A,reement for and on behalf al the City Council and the City al Englewood, Colorado . Introduced, read in full , and puaed OIi first readinc OD the 20th day of April, 1998. -1- • . 1011• • • 0 I ~-1 ]- • • •, • Published as a Bill for an Ordinance on the 24th day of April, 1998 . Read by title and pasaed on final reading on the 4th day of May 1998. Puhliabed by title as Ordinance No . __, Seriell of 1998, on the 8th day of May, 1998. Thomas J . Burns, Mayor ATTEST : Louc:rishia A. Ellia, City Clerk I , Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and fonlUml ia a true copy of the <>rmn-puNd on final reading and publi.abed by title u Ordinance No . __, Seriea of 1998. -2- . ' .. • • 0 l ..• • • • SUPPLEIIENT NO • .L.l.L TO CONNECTOR'S AGREEMENT THIS AGREEIENT, .,_. and ...-ad irm by and~ the CITY OF ENGLEWOOD, adil!I by and ttwaqi a duly UhariZlld Mayor and City Cllrtc . haei .... Clllld the "City,• and 90UTHGA1E UNITA110N DISiRICT, ...... and Douglal Counties. Colorado . haei l8flar called the "Dtatrtct. - WHEREAS. on the 20lh day of June . 1991. the City and the o.rict .-r9d irm an Ay.w1e• in whicn .. Cily ag.am ID trNt .-g9 u1igi-.ig lrom the Dillricrs ....., -sy-.n wilhin the -9"9d by the Dillrid. whicn "9w1••-1111J11 r....ity ,_... by Colw-.u·s Agiwna,t ~ Nu.a1i06i 18, 1918: and WI L !EAi, said ConneclDr'I Agiw.e• prollidla flal the diln:t ma, not enlll'ge ils .-'<lice .. wilhout the wrillln COilWlt ol the City; NOW, THEREFORE. in coi,;ide,llioi, of the mu1ua1 covenants and underUlkingl i.llin NI forth . the pa1iN agrae • tollows: 1. The Cily henlby a,r,-a ID the inclulion of canain additional -IDl=-ci in Dauglal Ccllny, Coklrado. awned by Jlrlat L Hai'IW1 and mant fuly delcribed on Exhibit A lltached ,_., and illCUljiuiaad har9in by rwflll9nce . irm ~ San.talion Oistnct. The City ... ltlal aid additional .. may be 9119d will .. -faalitill of .. Dillrid. and ttlal the Cily will trNt the ..-ge cisa•v-d ir*> the City's tNnk line from said additional ... all in acconlal a wilt. the ConnKtar's "9w,e.t daad Nowembel 18. 1918. "-Culdi,gly. Exhibit A ~ to in flwai,auh 1 of the Connedui'I A9,W1•• ~ Nowmtlll 18, 1918. is hereby~ to indude such additionll ... 2. Each and .-y OC1W provilion of the uid Connector's "9-• ~ No..emoer HI. 1918, st181 rwnain u.icha,ged. • lllrTNlll •LCCCF, lhe pa1IN ,__ti.air l-.dl and ..... .. _dayof_. 111_ ATTEST ly. ________ _ -'fOR IOUTMGATE UNiTA110N DISTRICT, ...,.._,DOIIGLMCOUN11B. COIOUDO Br: /u.,. 7'»,d ... &T' E X H I B I T 1 .. • • . . • 0 ,, -. ; -,. • • (. ]- Ell:flllIA .. • • 0 - 11-... ·A ' . ' ;:.•· --- ~~ ~~ . ; ~'":::: . "'"':----·-,. -::i£.: q 106-A! / • 0 • --.:..r ,, - •. ._ J . 'i. I aE.!Z ·IIE'.V ,r::=~A C~ - ·• SEWE~ .NE RE::~- --, BURSE!-.iE~T Ai.~ •• I .. 3.-0 • • • C I • 0 • COUNCIL COMMUNICATION Date Agendaltem Subject A resolution casting the City of Englewood's vote as employer regarding Fire and Police Pension Association May 4, 1998 10 Ci (FPPA) proposed amendments Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has not acted on this particular feature in the past, but has studied the issue of a deferred retirement option plan (DROP) for the City's non-emergency, old-hire police and old-hire fire employees. RECOMMENDED ACTION Staff recommends the City Council cast its vote regarding proposed amendments to the Statewide Defined Benefit Plan as outlined below. The vote must be certlfled to FPPA by May 18, 1998. BACKGROUND, ANALYSIS, AND AL TERNA11VES IDENTIFIED The FPPA has submitted to its active plan members five proposed amendments to the Statewide Defined Benefit Plan. An election has been held to determine whether any or all of the proposed amendments will be adopted. In order for any amendment to be adopted, an amendment must be approved by an affirmative vote of 65% of the active plan members, and more than 50% of their employers. Each proposal was voted on separately. The amendments and results of the employee vote on each is as follows: Amendment 1: "Pop Up" Provision -Cost as a per percentage of payroll: 0%. This amendment would add options which would allow the retired member who has selected the joint & survivor option reduced benefits to "pop up" or revert to an unreduced benefit if the beneficiary dies before the member dies. Employee vote: In favor: 39 Against: 3 Amendment 2: Five v ... Vnttng -Cost as a per percentage of payroll: 0 .04%. This amendment reduces the current 10 year vesting requirement to five years . Employee vote : In favor: 15 Against: 27 •. ... .. • • 0 I I • • • (, Amendment 3: Additional Years for 2% Per Year Benaftt Accrual • Cost as a per percentage of payroll : 1.81 %. The current maximum retirement benefit that can be accrued prior to age 55 is 50% of the average of the member's three highest years' base salary. After reaching age 55 and having 25 years of service, the current plan provides an additional 2"/o per year of service, up to a maximum benefit of 70%. This amendment would give a 2"/o benefit for each year of service, up to a maximum retirement benefit of 74%. Employee vote: In favor: 15 Against : 27 Amendment 4: Choice of Joint & Survivor Option Upon SubNquent Marriage · Cost as a per percentage of payroll: 0%. This amendment would extend the joint and survivor option choice to a member who marries after retiring . Employee vote : In favor: 37 Against: 5 Amendment 5: DefarNd Aetlrenwnt Option Plan (DROP) · Cost as a per percentage of payroll: 0%. This amendment would add a new optional benefit to the current retirement plan. Employee vote : In favor: 37 Against: 5 The City Council has the option of voting as the employees have or voting in favor or against any of the proposed amendments. FINANCIAL IMPACT This action does not directly impact the City's financial condition because the cost is absorbed by each plan member's Separate Retirement Account (SRA). Currently, both the employee and the City contribute 8% toward the Statewide Defined Benefit Plan. Contributions not required to fund the actuarially determined cost of the Stateside Defined Benefit Plan are place in the members' SRAs. In 1997, the amount of employer contributions place in each member's SRA was 6.5%, and in the past has ranged from 4.5% to 6.5%. Future amounts will be reduced to pay for any costs associated with the proposed amendments that pass. UST OF ATTACHMENTS Proposed resolution r . • • . • 0 I ]- • • RE SOLUTION NO ._ SERIE OF 199 • 0 - A RESOL TION IN WHICH THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO HEREBY CASTS ITS EMPLOYER'S VOTE IN FAVOR OF F .P .P .A.'S PROPOSED AMENDMENTS NO . l , NO . 4 AND NO . 5 , AND AGAINST F .P .P .A.'S PROPOSED AMENDMENTS NO . 2 AND NO . 3 . WHEREAS, pursuant to C.R.S . 31-31-408 and F .P .P .A. Rule 704 the Board of Directors of the Fire and Police Pension Aaaociation ("Board") have proposed certain modifications to the pension benefits and age a nd service requirements for pension benefits set forth in Part 4, Article 31 , Title 31 C .R.S ., as amended . with respect to the members of the Statewide Defined Benefit Plan ("the Plan''); and WHEREAS , the proposed modifications to the Plan are set forth in the Board's Resolution No . 98-2 , adopted by the Board on February 25 , 1998; and WHEREAS , F.P.P .A. Rule 704 .02(b) requires that, prior to an election by employers and members on any proposed modification to the Plan, the Board shall provide employers with a certification that the proposed modifications comply with the requirements set forth in Section 31-31-408, Colorado Revised Statutes, as amended; and WHEREAS, the Englewood members of F .P .P .A . held an election and have voted in favor of F .P.P.A.'s proposed Amendments No . l , No . 4 and No . 5, and against F .P .P .A.'s proposed Amendments No . 2 and No. 3; and WHEREAS , F .P.P.A.'s proposed Amendment l -"Pop Up Provision," with a cost as percentage of payroll of 0%, would add options which would allow the retired member who has selected the joint & survivor option with reduced benefits, to "pop up" or revert to an unreduced benefit if the beneficiary dies before the member dies ; and WHEREAS , F .P .P .A.'s proposed Amendment 2 · "Five Year Vesting," with a cost as percentage of payroll of 0.04%, would reduce the current 10 year vesting requirement to 5 years; and WHEREAS, F .P .P .A.'s proposed Amendment 3 -"Additional Years for 2% Per Year Benefit Accrual," with a cost 88 percentage of payroll of 1.81 %, would change the accrual of benefits in the following manner. The current maximum retirement benefit that can be accrued prior to age 55 is 50% of the average of the member's three highest years' base s alary . After reaching age 55 and having 25 years of service , the current plan provides an a dditional 2% per year of service , up to a maximum benefit of 70%. This amendment would give a be nefit of 2% for each ye ar of service . up to a maximum retirement benefit of 7 4%; and WHEREAS , F .P .P .A .'s proposed Amendment 4 · "Choice of Joint & Survivor Option Upo n Subsequent Mamage," with a cost 88 percentage of payroll of 0%, would extend the Joint and s urvivor option choice to a member who becomes married after retiring; and WHEREAS , F .P .P .A.'s proposed Amendment 5 -Deferred Retirement Option Plan (DROP). with a cost as percentage of payroll of 0%, would add a new , optional benefit to the current retirement plan; " - •. •· • 0 f - • • • . • ' NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: $ectipn 1. The City Council of the City of Englewood, Colorado hereby casts its employer's vote in favor of F .P .P .A.'s propoeed Amendments No. 1, No. 4 and No . 5, and against F .P .P .A.'s proposed Amendments No . 2 and No . 3 . ADOPTED AND APPROVED this 4~ day of May, 1998. Thomas J . Burns, Mayor A'M'EST : Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellis -~---... ,, ~ ' . ' ' • .. • • 0 r ,,.~ ,. I • • • •. COUNCIL COMMUNICATION Date Agenda Item Subfect Purchase of Two Bucket May 4, 1998 1Qal Trucks Initiated By Department of Public Worits I Staff Source Charles Esterly. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Staff recommends Council approv ......, h,..._ ol two (2) MIiii .._ Trudal flal'I .. •ICCNeful SI* , ..... T .... Equipmlnt CcJnlpalW. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Aerial Bucket Truck numbers 3040 and 3043 are scheduled for replacement this year through the Capital Equipment Replacement Fund (CERF) program. These units are available through the State bid program, which has proven the most economical method of acquiring this type of equipment. FINANCIAL IMPACT The successful bidder through the State bidding program for this type of equipment was Teague Equipment Company. Their bid price for the Aerial Bucket Trucks was $47,273.00 per unit, or a total of $94,546.00 for two units . Funds are available in the CERF to cover purchue of the trucks in the amount of $47,273.00 per unit from Teague Equipment Company. UST OF ATTACHMENTS Memo of recommendation to purchase Teague Equipment Company bid • I .. • • 0 , ]- TO : FROM : • • • . . MEMORANDUM BETTY GOOSMAN , BUYER III (. JIM KA VINSKY , OPERATIONS MANAG~ DATE : APRIL 22, 1998 SUBJECT : AERIAL BUCKET TRUCK Teague Equipment is the successful state bidder on this type of truck . State Award #PCHAA9HQ0000169 and Bid #7046C . l recommend we purchase from Teague Equipment. If you need funher clarification or assistance, please feel to call. "' -. . , •, . . .. • • 0 , ~• - • City of Englewood 3400 So. Elati Street Englewood, Colorado 10110 ' ,. • • -,. February 25, 1991 Quote #91-111 Denver,CO "' - 383 WEST 56TH AVENUE DENVER, COLORADO 80216 (303) 295-0782 FAX (303) 292·2820 Est. Del.: 120-150 Days ARO Attn: Mr. Pat White Mr. Gary Tyson QUOTATION Aerial De,·ice Venalift Tel-29 NE Non-Insulated, Telescopic, Positive Leveled Aerial Platform Lift with end mount platform including the following features : -End mounted platform with 300# basket capacity -29 '-S'' bottom of basket height -34'-S " working height · 22 ' -7" sidereach from centerline of vehicle to basket edge at horizontal elevation · Positive leveling system . Toggle S\\citch function controls at platform and pedestal . Engine start/stop switch at basket control station . Integral hydraulic reservoir in lift pedestal . Safety harness and deceleration lanyard . Safety decals and placards -Two sets of operators and service manuals -Primed and painted Bell White enamel . Installed and tested per ANSI A92 .2 1990 specifications .\erial Platform ~M rnouft-t Positi, c leveled 24" x 30" x 42" fiberglass , 9Hle111e1&11ted platform with walk-in entry cutout . 300 po unds maximum capacity . \erial Device Accessories • 12 \'DC emergency pump unit system . 1 SPECIALIZING IN SERVICE TO THE UTILITY INDUSTRY ------------.. -' . ' • • • 0 l ,,.,.. , I -• • • • 120 VAC GFI receptacle at platform control station with pigtail plugs at pedestal for Honda generator mounted on streetside compartment top . • Vinyl platform cover 24" x 30". • Two speed system . • Positive hydraulic cylinder platform leveling. • Hinged platform control cover. Power Source Engine belt driven clutch pump system for aerial lift hydraulic power requirements . Utility Body Stahl Challenger Utility Body for 60" CA Chassis, Model 108VVD-41.5 including the following features : -108" overall body length . -90 .5" overall body width . -485" load bed space width . -21" compartment depth . -39" overall compartment height. -14 and 16 ~ge galvaMeal steel body shell construction. -10" high, double 16 gauge panel galvanneal steel tailgate . -20 gauge galvanneal steel double door panels with hat section internal reinforcement . -Automotive type rubber door seals. -3 point "T' handle door latches keyed alike . -12 gauge treadplate load bed floor. -Vertical doors equipped with spring loaded door stays. -Horizontal doors equipped with coated aircraft cable door stays. -Protective loom on all body wiring. -Pho s phate coated and primed in high-grade automotive primer. Compartmentation Street side I " Vertical -Three (3) adjustable shelves with dividers . Hori zo ntal -One (I) adjustable shelf with dividers . Rear Vertical -Three (3) adjustable shelves with dividers . 2 . ' •, •· • 0 • • - <, Curbside I" Venical -Three (3) adjustable shelves with dividers . Horizontal -One ( 1) adjustable shelf with dividers . Rear Venical -Three (3) adjustable shelves with dividers . Accessories • Treadplate rear tail shelf extension with reinforcement for towing. • Combination 2" ball and pintle hitch. • Honda EM 1800 generator mounted on top of the strcetside compartment including the following : 5 .5 HP engine . 120 v/1800 W/ 15 .0 AMP . 2.9 gallon fuel tank (9 hour capacity). 20.0 " X 16.5" X 16 .5" 92 lbs . Canvas weather cover. • Two (2) 5/8 0-rings for towing. • 6-pin trailer connector. • Aerial lift boom rest with tic-down strap . • Gripstrut wall...·way on compartment tops each side. • Two rubber wheel chocks. • Dual chock block storage box. • 12 voe back-up alarm . • Rear body mudflaps • Complete FMVSS-108 compliant lighting and reflector package flush mounted. • Paint bo d y e xterior single color white to match chassis. Total Pri ce for Above Installed, Painted and Tested : 3 S 27,933 .00 . ' • • 0 , 2 I - • • • ,, - • I • • ' Chassis 1998 GMC CJ 500 4x2 conventional chassis including the following features : 60"CA 7.4 L VS gasoline engine . 11,000 lb GVWR. 4 speed automatic transmission . 4,100 lb front axle . 8,250 lb rear axle . AM/FM radio . Air conditioning. 140 amp alternator. White paint (See attached Dealer Specification, Transwest GMC). Total Price for Chassis: Total Price with Chassis Tndt'-ln Allowance Unit 304•) S 19,340.00 S 47,273 .00 1989 Walden Telescopic Boom, 28' bottom ofbasket height . 60 CA/108 Standard utility body . Mounted en a Chevy. Mileage : 10994 . Unit 3043 1983 Versalift Tel 29 BN aerial lift, 29ft to the bottom of basket height. Mounted on a 1990 GMC 3500 gas, automatic cab, chassis . Mileage 18,333 . Trade-In Allowance: Total Price Less Trade-Ins : State and Local Taxes Not Included Terms · Net 10 Day Quote Validity 30 Days 4 S To Be Determined S To Be Determined . ' • .. •· • 0 -,.. • • .. On behalf of everyone at Teague Equipment Company, thank you for the opportunity to submit this revised quotation. Should you have any questions regarding our proposal, please do no hesitate to contact me at your earliest convenience . :µJt)_._ Jhn T . Orr Sales Representative Teague Equipment Company 5 ,, -. . ' • . .. • • 0 f ........ I • ,, - • • COUNCIL COMMUNICATION Date Agenda Item Subfect May 4, 1998 :•c• f P'Uld.au of DI.mp Truck Initiated By I Staff Source Department of Public Works Charles Esterly, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Staff recommends Council approve,., ....... the~ of one dump tNc* f,om the low bidder, T,...... Irucks, Inc. ~ditionally, because of the 12 to 15 montti derivery date, staff recommends ordering, at this time, the two additional dump trucks that are due for replacement through the CERF program in 1999. See additional information below. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Vehicle number 3173 is scheduled for replacement this year through the Capital Equipment Replacement Fund (CERF) program . Staff has been advised to expect a 12 to 15 month delivery date. As stated in the attached memorandum from Fleet Administrator, Pat White, two additional dump trucks are due for replacement in 1999. Placing the order at this time for the two 1999 dump trucks would insure replacement on schedule. Funds for the two 1999 trucks would be encumbered from the CERF account this year, but would not be expended until 1999. Only funds for the 1998 dump truck would be expended this year. Therefore, staff recommend& ordering three (3) dump trucks at this time. FINANCIAL IMPACT Two bids were received for replacement of unit 3173: Burt Chevrolet Transwest Trucks, Inc. $41,871.03 $40,314.00 Funds are available in the CERF to cover purchase of the dump truck in the amount of tll.314.00 from Transwest Trucks , Inc. UST OF ATTACHMENTS Memorandum from Fleet Administrator, Pat White Memorandum of recommendation to purchase Bid Tabulation Sheet .. .. •· • 0 , ]- To: From: Date: Subject: • • • MEMORANDUM Wayne Oakley, Streets Operations Manager Pat White, f1cet AdmiJtisttator ~(µ April 16, 1998 Dump truck rq,larernen«s .. We have m:eived the bids for the 4 yard dump truck, unit 3173, dial is due for replacement The lowest tcclmically ac:cepl8ble bid was from TllllllMll Tndl for $1(),314.00. I would recommend that we aa:ept their bid • they have met all of our .pecificaliom. In TlllllSWCSl's bid, • well as the Olbcr bidl, they ued Iba we would aot ~ cldMry on Ibis truck for 12 to 15 months. This is due to prablems wilb plling die IIIIOlmlic ll'aDPDiRicJos Iba we ave specified. There are two DIOR 4 yard dump ttucb llliped IO your divisioD dial are due to be repl-1 in 1999. I would recommend Iba we place die Older for dlelC two addilicmal ttucb It Ibis time to inmn: tbll lhey will be n:placed oa tebedule. The funds would be CDCliillbaed flam die CERF IIXXIUlll Ibis year, bat aot expensed until the normal buqet time. If you need any fwtber information, please feel free to comact me . ' ' . , .. • • 0 f ,,.,,. I - ] • • ·~ • .. MEMORANDUM TO: FROM : DATE: BETTY GOOSMAN, BUYER III ~ JIMKAVINSKY,OPERATIONS MANAG _,x, , APRIL 22, 1998 U SUBJECT: MEDIUM DUTY AND DUMP TRUCK I would recommend that we award the bid to Transwcst Trucks . They arc the lowest bidder and meet all the stated specifications . If ou need any funhcr clarification or assistance , please feel free to call. ------~-· ' .. • • 0 l -• ..,. llJ IJ - City of Englewood Bid Tabulation Sheet Bid Opening Date: MARCH 31,199810:00 a.m. Bid Item: 1998 Medium Duty Truck (2) Shop Service Vendor UNIT PRICE BID PRICE Parts Manual Manual Total Burt Chevrolet I $ 83,862 .06 5200 S Broadway $ 41 ,871 .03 $ 83,742 .06 $ 120.00 FOR SET, Eng,.woad,Co.80110 PARTS AND SHOP, SERVICE Burt Chevrolet I $ aa.,16.00 (AL TERNA TE BID) $ 44,398 .00 $ 88,796.00 $ 120.00 FOR SET, PARTS AND SHOP, SERVICE T,.,...., Trucks 712f 8rlghton Blvd. $ 40,314.00 $ 80,628.00 $ 40.00 $ 80.00 $80,748.00 Commen:e City, Co. 80022 Page 1 CJ • • 0 • Exceptions: YES, SEE DELIVERY AS REQUESTED YES, SEE DELIVERY ~ r r I . ~ MEO DUTY.TRUCKS .TAB . . • -• • • <. COUNCIL COMMUNICATION Date Agenda Item Subject May 4, 1998 •clv ~ of Dump Truck Initiated By Utilities Department I Staff Source Stewart H . Fonda, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION Council approval, Trucks, Inc . in the a BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ' The proposed ten yard tandem dump truck is used for hauling dirt and fill material for water main repairs, main construction and sludge hauling. It is also necessary for installing and repairing sections of the City Ditch. The new truck is a replacement for the existing four-yard truck, #1326, according to CERF replacement schedule. Requests for Bid were sent to three vendors; three responded : Transwest Trucks, Inc. Burt Chevrolet Burt Chevrolet (Alternate Bid) FINANCIAL IMPACT $40,314.00 $41 ,871.04 $44,398.00 Transwest Trucks, Inc. is the recommended bidder at $40,314.00 It has been approved in the 1998 Budget for CERF replacement. UST OF ATTACHMENTS Bid Proposal Tabulation . , • . •· • 0 , ,, I • r' ~ • . I j •' I ~ City of Englewood Bid Tabulation Sheet Bid Opening Date: MARCH 31,199810:00 a.m. Bid Item: 1998 Medium Duty Truck (2) Shop Service Vendor UNIT PRICE BID PRICE Parts Manual Manual Total Burt Chevrolet I $13,H2.0I 5200 S Broadway $ 41,171.03 $ 13.742.0I s 120.00 FOR SET, Englewood, Co. 10110 PARTS AND SHOP, SERVICE Burt Chevrolet I su.111.00 (AL TERNA TE BIO) $ 44,391.00 $ 11,796.00 s 120.00 FOR SET. PARTS AND SHOP, SERVICE Transwest Truclcs 7626 Brighton Blvd. S 40,314.00 $ I0.621.00 s 40.00 s I0.00 $ I0.741.00 Commerce City, Co. 80022 J Pege1 ") Exceptions: YES, SEE DELIVERY AS REQUESTED YES, SEE DELIVERY • • MED DUTY TRUCKS TAB -(I (" '- - - • • • • • '· COUNCIL COMMUNICATION Date Agenda Item May 4, 1998 11 bi Initiated By Staff Source Sublect Case OR-98-01 Comprehensive Zoning Ordinance Amendment - Landscaping Standards Tricia Langon ,,_ Neighborhood and Business Development Neighborhood and Environmental Technician COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed amendments to the Landscaping Standards of the Englewood Comprehensive Zoning Ordinance on first reading on March 2, 1998. Council conducted a study session on March 30, 1998 to review the proposed amendments. Council requested language clarification in two sections and the addition of landscape requirements for public facilities. Council held a Public Hearing on April 20, 1998, and directed staff to clarify language regarding PUC district landscaping requirements. RECOMMENDED ACTION Staff recommends that Council approve motions to amend Landscaping Standards Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood Planning and Zoning Commission requested review of the current ordinance and preparation of revisions focused on improving quality of life standards in the City. The ordinance is intended to provide minimum landscaping quality and quantity standards, fair and equitable administration of requirements and enhance the quality of life in the City. The proposed ordinance is applicable to all properties in the City of Englewood and was approved by the Planning Commission on February 3, 1998. FINANCIAL IMPACT No financial impact to the City. UST OF ATTACHMENTS Landscaping Standards Ordinance Motions to Amend Bill for Ordinance .. .. •· • 0 , I ]- • • , . • ' Lapdacaping Stapdard1 Qrdjpapce -Motion• to Amend Motion: Move to amend Council Bill No. 13, the Landscaping Standards Ordinance, by making any or all ofthe changes as listed below. 1. Move to amend 16-6-26-D(l)(e). Landacaped Area Requirements to read: PUD district landscaping requirements shall be determined on a case-by-cue basis. Consideration shall be given to the type of development use AND ADJACENT USES. PUD landscape requirements shall be guided by ,e.-,emeMII ea•hlieheel far eimiler ae,elepmen .. ill · ·1 •• tliall!iele THE DISTRICTS PREDOMINANT DEVELOPMENT USE AND BY REQIBREMENTS ESTABLISHED FOR SIMILAR DEVELOPMENTS IN SIMILAR ZONE DISTRICTS. 2. Move to amend 11-6-26-D(l)(f). Landacaped Area Requirements with the addition of a new subeection to read: WATER, WASTEWATER TREATMENT AND OTHER SIMILAR LARGE-SCALE PUBLIC FACILITIES; WHERE COMPLIANCE TO DISTRICT ZONE REQIBREMENTS MAY NOT BE FEASIBLE OR PRACTICAL, AN ALTERNATIVE COMPLIANCE PLAN MAY BE SUBMITTED. 3 . Move to amend 11-6-16-F(I). General Requirements to read: All landscaped OFF-STREET PARKING areaa ali;wm • wihieW8l' lll'eaa shall be protected from vebicular traffic by concrete curbing or other devicea acceptable to the City which prohibit vehicular acceu to and encroachment upon theae areas; 4 . Move to amend 16-5-M-L(t). Plantiq Criteria to read: Shrubs and other plant materiala with thoma, apinea, Ned pocb or larp fruit& shall not be permitted within ten feet (10') of aidewalb • eth• •••••• -· ,-. . • . ' .. - • • ORDINANCE NO . SERIES OF 1998 • • • BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER HABENICHT 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 AMENDING TITLE 16, CHAPTER 8, SECTION 1. BY THE ADDITION OF SEVERAL DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL 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 landscaping standards that would focus on "greening" the City and provide minimum standarda of quality and quantity consistent with similar communities within the metropolitan area ; and WHEREAS , the Planning and Zoning Commission reviewed the propoeed modifications to the Landscape Standards and recommenda the pa888ge of this Ordinance ; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on February 3 , 1998; 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 approves amending Title 16, of the Englewood Municipal Code 1985 , by repealing Title 16 , Chapter 4 , Section 18, entitled Landscape Ordinance and enacting a new Title 16 , Chapter 5, Section 26 , entitled Landscaping Standards, which ahall read aa followa : -1- "' - •· • , .... • . ,~ • <. 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 : 1. 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 . 8 . 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 PARKING AREA BY FIFTEEN PERCENT (15%) OR MORE , OR A TOTAL OF FIVE HUNDRED SQUARE FEET (500 SQ.') GROSS FLOOR AREA. WHICHEVER IS GREATER; 3 . A SITE PLAN : OR 4 . A REZONING OF PROPERTY . -2- "' - "' • • • 0 , I - • • • • t• • 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. 16-5-26-8 APPLICABILITY . THE LANDSCAPE PLAN SHALL MEET THE INTENT OF THIS SECTION BY EXHIBITING A COMPREHENSIVE DESIGN PROGRAM IN TERMS OF MATE~. 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 (1 ") 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 SQUARE FOOTAGE OF ALL LANDSCAPED AREAS ; 8 . TYPES OF LANDSCAPE MATE~ (I.E . GRASS , SHRUBS. GROUNDCOVER . TREES. ETC .); C . THE SPECIES. NUMBER . CALIPER AND LOCATIONS OF ALL REQ UIRED PLANTINGS ; -3- .. •· • 0 -• . , . •, • ,. D. THE SPECIES, LOCATION AND CALIPER OF ANY EXISTING PLANT MATERIAf.S 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 TOT AL LANDSCAPE REQUIRED , THE CITY MAY WAIVE THE LANDSCAPE PLAN SUBMISSION REQUIREMENT. D . LANDSCAPED AREA 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). 1 . ZONE DISTRICT REQUIREMENTS : A. ALL ZONE DISTRICTS: 1) SINGLE-FAMILY DETACHED , SINGLE-FAMILY ATTACHED AND TWO-FAMILY USES: ONE HUNDRED PERCENT (100%) OF THE FRONT SETBACK AREA AND NO LESS THAN FORTY PERCENT (40%) OF THE LOT AREA , EXCLUSIVE OF DRIVEWAY . SHALL BE LANDSCAPED ; 2) MULTI-FAMILY USES: AT LEAST TWENTY-FIVE PERCENT (25%) OF THE TOTAL SITE SHALL BE LANDSCAPED . B. RESIDENTIAL DISTRICTS : l) NON -RESIDENTIAL USES; A MINIMUM OF TWENTY-FIVE PERCENT (25%) OF THE TOTAL SITE SHALL BE LANDSCAPED . C. BUS INESS DISTRICTS; A MINIMUM OF FIFTEEN PERCENT (15%) OF THE TOTAL SITE SHALL BE LANDSCAPED . D. IND USTRIAL DISTRICTS ; A MINIMUM OF FIFTEEN PERCENT (15%) OF THE TOTAL SITE SHALL BE LANDSCAPED. -4- . , .. 0 •· • 0 , ]- • 0 t• . • ' E . PUD DISTRICT LANDSCAPING REQUIREMENTS SHALL BE DETERMINED ON A CASE.BY.CASE BASIS . CONSIDERATION SHALL BE GIVEN TO THE TYPE OF DEVELOPMENT USE . PUD LANDSCAPE REQUIREMENTS SHALL BE GUIDED BY REQUIREMENTS ESTABLISHED FOR SIMILAR DEVELOPMENTS IN SIMILAR ZONE DISTRICTS . 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 DEVELOPMENT. 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 INCLUDING THE 3200 TO 3600 BLOCKS OF SOUTH BROADWAY ARE ENCOURAGED TO DEVELOP WITH TRADITIONAL, COMMERCIAL PATTERNS ESTABLISHED WITHIN THOSE BLOCKS . 3 . MULTIPLE·ZONED PROPERTIES : WHERE ONE 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 ALTERNATIVE COMPLIANCE LANDSCAPE PLAN. ALTERNATIVE COMPLIANCE IS A PROCESS THAT ALLOWS MODIFICATIONS TO EXISTING REGULATIONS DUE TO UNIQUE SITE CONDITIONS . THE PROPOSED PLAN MUST EQUAL OR EXCEED EXISTING REQUIREMENTS . l. ALTERNATIVE COMPLIANCE LANDSCAPE PLAN CRITERIA: UNDER THE SPECIFIC CONDITIONS LISTED BELOW, THE CITY MAY REVIEW AND APPROVE AN ALTERNATIVE COMPLIANCE LANDSCAPE PLAN UPON DETERMINING THAT SUCH PLAN MEETS THE GENERAL INTENT AND PURPOSE OF THIS SECTION: A. THE PROPERTY HAS UNIQUE NATURAL FEATURES SUCH AS TOPOGRAPHY, GEOLOGICAL CHARACTERISTICS , WATER FEATURES . OR SIGNIFICANT EXISTING LANDSCAPING; B. THE PROPERTY CONSISTS OF PECULIAR·SHAPED LOTS : OR C . THE PROPERTY HAS SPACE LIMITATIONS WHICH EXIST AS A RES ULT OF THE LOCATION OF EXISTING STRUCTURES, PAVED AREAS AND OTHER BUILT FEATURES . -5- ,, - • . . •· • 0 r ~,, I • . , . • 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: B-1, B-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, AND/OR 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 SURF ACES, EXCLUDING ASPHALT OR NON-PATTERNED CONCRETE, MAY ALSO BE USED IN LANDSCAPED AREAS ; 2 . PERVIOUS, 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 NOT 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 HA VE AN APPROVED IRRIGATION SYSTEM ; 5 . ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR AREAS SHALL BE PROTECTED FROM VEHICULAR TRAFFIC BY CONCRETE CURBING OR OTHER DEVICES ACCEPTABLE TO THE CITY WHICH PROHIBIT VEHICULAR ACCESS TO AND ENCROACHMENT UPON THESE AREAS ; 6 . A LANDSCAPED AREA SHALL HA VE A MINIMUM DIMENSION OF THREE FEET (3) ON ANY SIDE ; -6- •. •· • 0 , - ]-- • • • • . . 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. 0. 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; -1- ,,._ • I .. • • 0 -• • • .. 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: 1. LANDSCAPE AREAS SHALL HAVE 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 : HIO%, 5 GALLON GROUNDCOVER : WO%, 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 318 INCHES IN SIZE , AND INSTAUED TO A MINIMUM DEPTH OF TWO INCHES (2") OR AS NECESSARY TO ADEQUATELY COVER THE AREA. -8- . , • . .. • • 0 , ]- • • • • 0 • 4. MINIMUM MULCH DEPTH SHALL BE FOUR INCHES (4 "). 5. THE FOLLOWING SPECIES SHALL BE PROHIBITED : BOX ELDER (ACER NEGUNDO), COTTONWOOD (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 MATTER (COMPOST) PER ONE THOUSAND SQUARE FEET (1 ,000') OF AREA . ORGANIC MATTER 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 TREE CREDIT 1 TREE , 2" TO 6" CALIPER 1 TREE, >6" TO 12" CALIPER 1 TREE, >12" TO 15" CALIPER 1 TREE , GREATER THAN 15" CALIPER 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 U NLESS 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 C ITY . 4 . SHO LO ANY TREE FOR WHICH CREDIT IS RECEIVED UNDER THE PROVISIONS OF THIS SUBSECTION DIE AT ANY TIME , THE -9 - • ., • • , • • ,. - ,. OWNER SHALL, WITHIN NINETY (90) DAYS, REPLACE THE TREE WITH THE EQUIVALENT 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: 1. 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 (l) 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 (l/2) OF THE REQUIRED LANDSCAPED AREA OF THE SITE. 2. RESTRICTIONS: A. SHRUBS AND OTHER SIMILAR LOW -GROWING LANDSCAPE MATERIALS WHICH MAY EXCEED 'IWO 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 . C. 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 DAMAGES TO OR RELOCATION COSTS OF THE SPRINKLER SYSTEM RESULTING FROM FUTURE PUBLIC 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- "' - • • 0 : ''It, , I • . /~ ·~ • 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 VISUAIJ..Y SHIELD ADJACENT LAND USES THAT ARE NOT FUU.Y COMPATIBLE . 1. 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; 8 . 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 - . , • .. • • 0 -• • :~ . -' , . 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: 1 . 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 - • . .. • • , -• • • 6 . SHRUBS AND OTHER PLANT MATERIALS WITH THORNS , SPINES, SEED PODS OR LARGE FRUITS SHALL NOT BE PERMITTED WITHIN TEN FEET (10') OF SIDEWALKS OR OTHER PEDESTRIAN AREAS. 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 !>SOT 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 CIRCUMSTANCES, SUCH AS ADVERSE WEATHER, WHERE OCCUPANCY IS REQUESTED PRIOR TO COMPLETION OF LANDSCAPING, THE OWNER SHALL ENTER INTO AN AGREEMENT WITH THE CITY GUARA. .... "TEEING THAT THE REQUIRED LANDSCAPING WILL BE COMPLETED WITHIN ONE HUNDRED 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 : I . A FULLY AUTOMATIC OR MANUAL UNDERGROUND IRRIGATION SYSTEM ;OR 2 . A HOSE ATTACHMENT WITHIN 01'.'E HUNDRED FEET (100') OF ALL LANDSCAPED MATERIALS . -13- ,,, _ ;,,;' l - .. • • 0 I ~, I • . ' • .. R . MAINTENANCE: 1. MAINTENANCE OF APPROVED LANDSCAPING SHAIL 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 SHAIL 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 SHAIL FILE A MAINTENANCE AGREEMENT. THE AGREEMENT SHALL ENSURE THAT IF THE LANDOWNER. OR SUBSEQUENT OWNERS, F~ 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. Section 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 aa follows : 16-8-1: DEFINITIONS: ANNUAL CALIPER DRIP LINE EVERGREEN MULC H 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 MATERIAI..S CUSTOMARILY USED IN LANDSCAPE DESIGN TO RETARD EROSION AND RETAIN MOISTURE. -14 - ' ' • • 0 I ]- ,. NEW DEVELOPMENT OUTDOOR DISPLAY AREA PERENNIAL REDEVELOPMENT ROOT BARRIER SYSTEM SHRUB TREE XERISCAPE • • • DEVELOPMENT OF A SITE WHERE LESS THAN FIFTY PERCENT (50%) OF THE EXISTING STRUCTURE(S) IS RETAINED AND INCORPORATED INTO THE NEW STRUCTURE . AN OUTDOOR , UNROOFED AREA WHERE MERCHANDISE OR VEHICLES ARE DISPLAYED FOR MORE THAN TWENTY- FOUR (24) HOURS . A PLANT THAT REGROWS FROM THE SAME ROOT STOCK YEAR AFTER YEAR. DEVELOPMENT OF A SITE WHERE FIFTY PERCENT (50%) OR MORE OF THE EXISTING STRUCTURE(S) IS RETAINED AND INCORPORATED INTO THE NEW STRUCTURE . A PHYSICAL OR CHEMICAL BARRIER THAT PROHIBITS OR DISCOURAGES LATERAL ROOT GROWTH UNDER SIDEWALKS AND OTHER HARDSCAPE AREAS . 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 . 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 . LANDSCAPE METHODS WHICH CONSERVE WATER THROUGH THE USE OF DROUGHT-TOLERANT PLANTS AND PLANTING TECHNIQUES . Ses;tipp 3 . Safety CJ1Y1C1 The City Council. hereby tinda , determine•. and declare, that thia Ordinance ia promulpted under the pneral police power of the City of Englewood , that it ia promulpted for the health, eafety, and welfare of the public, and that thia Ordinance ia neceuary for the preeervation of health and aafety and for the protection of public convenience and welfare . The City Council further de termi.nee that the Ordinance bean a rational relation to the proper lesia)ative object IOU,ht to be obtained. -15- ----~~. \ .. • • Q • ,... ,, • · ... • .. Se<;t,ipp 4. 5cDrabjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reaaon 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 circumatanoea. 5cs;tipp § IWPPaietcot Onhueoszn Nothing herein oontained shall be deemed a waiver of the proviaions of any other Code section or regulation applicable to landacaping. If there ia a conflict between the regulations in this Section and any other Code section or regulationa, the more stringent regulations shall apply. Se<;t,ipp 6. Efert of "IPMI or mqdjfiqtjpp The repeal or modification of any proviaion of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or chanp in whole or in part any penalty, forfeiture, er liability, either civil or criminal, which •hall have been incurred under such provision, and each provision 1hall be treated and held aa still remaining in force for the purposes of auataining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well aa 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. $ed;ipp 7. ~-The Penalty Provision of E .M. C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and paued on fint reading on the 2nd day of March, 1998. Publiahed u a Bill for an Ordinance on the 6th day of March, 1998. A Public Hearing wu held on April 20, 1998. -16- "'~ ' . ' • .. • • 0 , I - .. • • •, • Read by title and paaaed on final reading on the 4th day of May , 1998. Published by title as Ordinance No .~ Series of 1998, on the 8th day of May, 1998. ATTEST: Thomas J . Bums, Mayor Loucriahia A. Ellis, City Clerk I , Loucriahia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forelOinc ia a true copy of the Ordinance paaaed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A. Ellis -17 - . , .. • • 0 • • ·, • '· MEMORANDUM TO: Mayor8W'D8 ~ Englewood Council Members Dan Brotzman, City A Stu Fonda, Dinct.or of Utili . FROM : DATE: April 28, 1998 REGARDING: Settlement Propoaal -Gelin Quiet Title Action for Property located at 3605 South Bannock. Thia matter an.e when Mr. and Mn. Gelin wiabed to enlarp their home. The Geaina' obtained a buildinc permit, which wu eubeequently revoked. The Geline' property bacb up to the City Ditch and a q-iion UMe u to property ownenbip. On April 14, 1998 the putiee -t with a eettlement .Judp which reeulted in the followinc propoeal: The City would srant ite etaDdard e:a:cluaive Licenee Agreement allowing the Geaine' to ua the City'• Ript-Of-Way for pmpoeee eet forth in the Licenee. The licenee would not include buildinc a etructure over the City Ript-Of-Way. The City would alao eell a aaall portion oftbe City'• Ript-Of-Way to the Geaina' for the foundation of a current etructural beam (tbia ie apprmimately a 2' aquan area). Each party eball bear ite own coete and attorney fen. If Council approve• tbia eettlement by motion, the City will move forward with iuuing a licenee and brinsin& an ordinance back to Council for the aeJe of the property. DB/nf • • • • 0 -• - ·' ~·.,- • • ., _ • • '· OVERVIEW ~ .-\rJ'-(J~ > )'/ ,~1"'. ~ -¥ .""-'\..t,, ~-' ,, .. ..-·1,.v ko .;r ,..,.. ('\ ..,.y ~,,'I-' ,~I( .,.. ,;fl )-' )' Jv1>' .oJ'".o\.-:.._.,. yY ~c -~'Q.,..-J Matrix -please refer to matrix l. Automobile Shredding: --; r 0--,1,,~ j"~: r,,-. ~',-• current prohibited in 1-1 and 1-2 ___. v , proposed remain prohibited ,t 't>" amendment ...ae" •fruition MP automobile shredding d, ,· -~ er~ to include auto crushing, baling, compacting or similar process t;I-" ._,;-- which reduces vehicles or parts to a form suitable for further . '":' ~ · . ~LI~ processing . .. ""'~'' .1' ... "Jo" .,; 2. Automobile Wrecking: dismantling: I ~ ~~'\,. ~.....,_....NJ\. ..-' v' ~ 1 ' current conditional use in 1-1 permitted in 1-2 proposed remain as current. This is a less intense process of dismantling vehicles into component parts for recycling or sale of the parts. amendment ~ IIIIIAMIMII p,ape111l lllwe. Expansion & clarification of definition to include parting, salvage, recycling, or similar processes. It does not include automobile shredding. 3. Haz,ardous Waste Storage and Processing : '--· defined facility as storage or processing as their principle use . Does not include facilities that use hazardous materials in manufacture or processing of a commodity current permitted in 1-1 and 1-2 ~C&SHI@ wl wwehe11Siug-ofany. eeRURedisy Mt prehibitat) proposed conditional use in both zone districts due to potential health and safety impacts when operated in proximity to residential districts. -New uses _mall. bc..subjcct te-p.opostd eenditianal me regulatic,ns Existing uses shall comply with proposed conditions. Granted conditional use status upon proof of compliance. If not in compliance, 12 months to come into compliance. 4 . Definitions : New Revised c_,....._~t.,... ~ Automobile shredding Haz.ardous Waste Haz.ardous Waste Operation Automobile wrecking; dismantling 5. Other Amendments : Added to prohibited uses in 1-1 -+ l::-L Biological wute processing <1'adiooari11e Ww pr111111iag 8 8 •. .. • • 0 r I - - • • I• • Opening: Council Bill 18 proposed amendments to 1-1, Light Industrial and 1-2 General Industrial zone districts of the Comprehensive Zoning Ordinance Submit for the record: Notice ofthis public hearing published in Englewood Herald on April I 0, 1998 Proposed amendments result from request of City Council to: • review 2 specific land uses -car crushing operations and haz.ardous waste storage and processing • proposed amendments that would mitigate potential impacts of these 2 heavy industrial uses on adjacent residential neighborhood Amendments are • to zone district replatiou that address and affect 1-1 and 1-2 zone districts city wide. AF I • at z J eific. • sbort-tena relief -specific to die two lud UHS, not meant to address all necessary revisions. • staad aloH misioas which can be incorporated into a more comprehensive revision of industrial zone districts. Revision process is already underway -including preliminary discussions with industrial land users to bring the ordinance up to date -both technically and from the aspect of community quality of life ~ -~ Co.........:...1. __ ~~---·--:.....-__ -r_·---~-1-r-"L---------------- Pl"OpGled aaead-ts fairly straightforward have minor or no effect on existing businesses start the process of revision ofl-1 and 1-2 zone districts Qaestiou !? -..----~----- . , •. • • 0 • • • • I~ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7 :30 P .M. 1 . can to order. f'l :j~ ~ 2 . Invocation . f)JJ;i.t/J;.._ 3. 4 . 5. 6. 7 . 8 . "''1-0 . Pledge of Allegiance.~ RollCall. fJ~ Minutes. a . Minutes from the Regular City Council meeting of April 20, 1998. ~ Scheduled Visitors. (Please · limit your.presentation to ten minutes.~ a . Michael Cooke, Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways, will be present to share information on their West C~nango facility. c . Michael Greene and other representatives of the Airlife Memorial Park Committee will be present to address Council regarding plans for the Airlife Memorial Park in Littleton. Non-Scheduled Visitors . (Please limit vour oresentation to five minutes.) •IC.. lal d) Lat v....,. 11 Jan Kala II) c.ai,n fulan a) 'nl!Wllllar ......... I CC , ........................ ... c10.....v....-11111moa Communications, Proclamations, and Appointments. Letter from Mike Dilatush indicating his resignation from the Clean , Green and Proud Commission .I)~ A proclamation declaring the week of May 17-23, 1998 u Emergency Medical Services Week.~ PINN nole: • you lww • dleabllly and,...-, aide or• u1111, ....... nallfr .. ca, flf .... Nd (712-24CII) ......... hcu9 In adwmae., .................. "** ,OU. ~• ~--~- .. .; I· • 0 • 0 • Engl-ood City Council Agenda May 4, 1998 Page2 9 . Public Hearing. 10 . a. A public hearing to gather citizen input on a proposed bill for an ordinance_~ending '"""""" Zooe D~tricis -UM sr~as::, (A-At-~ l'N;'S,). ~ Consent Agenda. ~ Q-O /)f'W.,.4~ ~~~ Cu1, lfiMOrJf.fJ IO 11..,·, ..,-111 f/!IA 11/E.. ~N~ ~ a. Approval of Ordinances on First Reading . IJ Ill.....,., i. Recommendation from the Department of Financial Services to approve a bill ~""' /11:>Dtl'l O for an ordinance adopting the Firefighters Pension Plan Docume~1 ST~F~ _ rTr"' -SOURCE: Frank Gryglewlcz, Director of Financial Services.,?/~ ii. Recommendation from the Department of Financial Services to adopt a bill for (} &,f-;{-> an ordinance implementing changes to supplemental benefits for Englewood's Firefighters. STAFF SOURCE: Frank Gryglewlcz, Director of Financial 11 n d,? 1 ~?-=ndat~o from ~e Departmeot of Flrn,n,;~1 Seo,;,e, to adopt a o;~ L-D~ ,'i.::J an ordinance implementing changes to supplemental benefits for Englewood's Police Officers . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. Ppµ'l-o b . /PJ.d.l ).f nJ.#-J,'! ii. ~Jio iii . proval of ~s ~ eco d Readim Ir i i l -+-Iii° Council Bill 10, approv a Pipeline Crossi,<g Agreement at Yale Avenue with Union Pacific Railroad . Council Bill 21 , approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. Council Bill 20, approving Southgate Supplement #137 . c . Resolutions and Motions. AJ/r&ll()LZ. /aDOE,f) / O t,; ffM r,,/ I! (!,/)~ /.1,!WIA i. Recommendation from the Department of Financial Services to adopt a Rt.,,.dt;;~ resolution casting the City of Englewood's vote as employer regarding Fire & ~olice Pension Association (FPPA) proposed amend11J8J!t5 · .STAFF SOURCE: Frank Gryg";~Flnanclal ~-t;JI.H.,,4A.UJ,,/ AMJA'l-0 ~ /Ot1ii . .111 -riv TT"' 11 . Recommendation the artmeiif of.Public Works to approve , by motion , • the purchase of two bucket trucks . Staff recommends awarding the bid to Teague Equipment Company, the lowest bidder through the State of Colorado bid process , for a total amount of $94 .546 .00 . STAFF SOURCE: ChartN Esterly, Dl1'9Ctor of Public Works . iii . Recommendation from the Department of Public Works to approve , by motion , the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks , Inc., in the amount of $40 ,314 .00 . STAFF SOURCE : Charin Eeterty, Director of Public Works. PINN nae.: I you hew• dlublllty and need auxiliary akla or NRtcN, plNN nolNy Ille Clly of E11glewood (762-240I) at INet 41 hours In actvanc:e of when Nrvlc:M .. IINdad. Tlwllc you. •· • 0 f -• ,. - 0 I• ·, • .. E,ngl-ood City Council Agenda May4, 1998 Page 3 iv . Recommendation from the Utilities Department to approve , by motion, the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc ., in the amount of $40,314 .00. STAFF SOURCE: Stewart Fonda, Director of Utilities. 11 . Regular Agenda. a. Appr~f Ordinances on First Reading. b . Approval of Ordinances on Second Reading. (jJJM Ii>-. '1-0 i. Council Bill 13, approving amendments to the Landscaping Standards. !J,;uu.__ {IJ{fiJ1I. COUNCIL IE-NAIIHOI.Z MOVED TO APPR0V£ COUNCIL 8LL NO. 12 . 13. 14. C. Resolu~ and Motions . ti. ,,{7 APP'D 7-4 COUNCL MeMaa aRADSHAW MOVED, AND IT WAS General Discussion . a . Mayor's Choice. b . Council Members' Choice . >'5#-~(,U City Manager's Report. a . Englewood Center Update . City Attorney's Report. a . Gesin Court Settlement. 7 SU:6El.o<J IKONDeD. TO A11!ND COUNCL 8LL NO. ts, THE LANDSCAPING ORIINJNCE IIY WING THE FOLLOWING CHANGES: 1. ......... ~(11 (el. Llnd111pod ................... , l'UD 11a111ct._•c1111,. ,....._. lllal •--:u•wd OIi a CUHIJ· ca•llala. c......, ....... a11a1111e.-1olllatypaofde ..... ••- AND ADJACENT USES. l'UD tanclacapa ,..._.. ..... lie gllidad by ... 1.1111 1111~11111 .... llllllllr N tlJ,n H1111111Rdlar-.lilliilll THI! DISTRICT'S l'REDOlalANT DEVELOPMENT UIE AND IIY MGUIReMeNTS UTAaJaHED FOR IIIIILM DEVELOPMENTS IN IIIIILM ZONE DISTRICTS. 2. ......... ~ (11 (It. L.and9Capod Ana....--·· wltll lhe adllltloll of•-•••• ctlcNI IO rNd: WAT!II. WMTEWATBl TMATMeNT AND OTHER IIIIILM LAIIGl!- ICALE l'U8UC FACLITIU; WNEIIE COMPLIANCE TO DIITRICT ZONE MGUIMMeNTS MAY NOT• RAlaLI! OIi PRACTICAL, AN ALTERNATM! COMPUANCe PLAN MAY• ..-nB. S. .._...~F(II-ca-.1111, I I IOINIII: All landKapod OFF.aTMET PARKING-~ I la rt' 1 -11 ................ w111cu1artr.acby----. ...... tlfttces ICC ...... to Illa City wlllctl pratllllt wllicular -IO ad -wd ............ _ t. .._... ~ L(II-......... C....tolNII: Adjo~;)./~ ....................................................... ............ II01 ................. -.... (11'1of ................ ,,,1sm ...... The following minutes were transmitted to City Council between 4/17/98-4/30/98 : • Englewood Planning and Zoning Commission meeting of March 17, 1998 • Englewood Firefighters Pension Board Special Meeting of January 21 • 1998 • Englewood Firefighters Pension Board meeting of January 8 , 1998 • Englewood Clean , Green and Proud Commission meeting of March 10, 1998 • Englewood Police Pension Board meeting of January 8, 1998 • Englewood Police Pension Board Informational Meeting of January 15 , 1998 • Englewood Non-Emergency Pension Board meeting of January 13, 1998 • Englewood Public Library Board meeting of March 10, 1998 APP'O 7 ~ NMelEHT 111011Ba THAT TNI CITY fl* IP1IIUWOOO PUIICHAle TNI lllAIK THAT WAS DONE IIY W AND DIIPLAY IT .. COW1C1L CNft m fOII W AND 1Hl!N DONATI! IT TO OUII taTCJM:AI. IIUleUM, TOA&ffllCaD W'TOIW TO..--TNAT IIAlll. (Tlla__. _ ...... by...,.,..._ llrtte ~ID ................... calarNel PINN note : If you haw• dlubillty and nNcl auxlllary aids or NrVlcN, pleae notify the Clly of Inglewood (762-2405) at lust 48 hours In advance of when NfVlcea .. nNded. Thank you. •. • • 0 , - • • •. • • ,~ -' AGENDA FOR THE ... · REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 . \ .. 1. 2. Call to order . fl:;3(; ~ Invocation . f)J)}/.~ 3. Pledge of Allegiance . ~ 4. RollCall. '7~ 5 . Minutes. 7:30 P.M . d-f /J'-'l-0 a . Minutes from the Regular City Council meeting of April 20, 1998. ~ 6. Scheduled Visitors. (Please . limit your.presentation to ten minutes.~ 7 . 8 . Ciff''l-0 a. Michael Cooke, Douglas County Commissioner and Denver Regional Council of Govemments Board Member. will present the City of Englewood with the 1998 Local Govemment Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer • Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways. will be present to share information on their West C~enango facility . c . Michael Greene and other representatives of the Airlife Memorial Parl< Committee will be present to address Council regarding plans for the Airlife Memorial Parl< in Littleton . Nnn-Sc:heduled Visitors. (Please limit vour oresentation to five minutes.) •> Canil BIi d) Lon V....-111 Jan Karlla b)Clrolynfulon 1)1'1111Wlllllr 1M•H11w 11•1hlllllvlllllln...,.....,.... ... ,11.1 C) Dlvld v......-I) 1111* Ola Communications, Proclamations, and Appointments . Letter from Mike Dilatush indicating his resignation from the Clean , Green and Proud Commission.I)~ A proclamation declaring the week of May 17-23, 1998 as Emergency Medical Services Week .~ PINN nola: II you have. dlublllty and need auxlllary ... or -fiDII, ..... nallly .. City of Inglewood (782•2405) at INat 41 hours In advance of when NrvlcN .. ......._ Tlwlk you. _ ____,_ .. • . .. •· • 0 , • ,,, - 0 • Engl-ood City Council Agenda May 4, 1998 Page2 9. Public Hearing. 10. A public hearing to gather citizen input on a proposed bill for an ordinance -~ending '"""""'"' Zooe Dist""' -U,Af snt.lttSS (,tM-ff/JQ,_ f'IIRS ,)_ ~ ConsentAgenda. art''l-O ~UJ.;)~~~ tt.A-11 ~MO{}e.lJ IOa,,·,· Y-11/ff.l; "f1/E..~~~~ a. Approval of Ordinances on First Reading . a. 11 /11'_ .,,., i. Recommendation from the Department of Financial Services to approve a bill ~ ,.,-. t1JHv/7. O for an ordinance adopting the Firefighters Pension Plan Docume~lST~ _ 7rv--SOURCE: Frank Gryglewlcz, Director of Financial Services. t?J'~ ii. Recommendation from the Department of Financial Services to adopt a bill for (}, &f ;.t/-) an ordinance implementing changes to supplemental benefits for Englewood's Firefighters . STAFF SOURCE: Frank Gryglewlcz, Dtrector of Financial 11 n d,0 , ~?~::odatioo -the Oepartmeot of F;nan,~ SeM08• to -ab;~ L..l'11J"' ,....,.:J an ordinance implementing changes to supplemental benefits for Englewood's Police Officers . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. fJ-o b . lA-1 ~v:~ o~ ~s~ fJpfJi,.,... ~ ;~ ":tf'"'co~cil Bill 10, appro ,r I,,(). Y ).f Union Pacific Railroad. nJ.! ;i,9 ii. ~,~iii. Council Bill 21, approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad . Council Bill 20, approving Southgate Supplement #137. c . Resolutions and Motions. AJ/r811()LZ laOdE./J /(}t..1 ffb11. Tl(/!. et)AM)r 1,1,E)/b i. Recommendation from the Department of Financial Services to adopt a R~~!:, resolution casting the City of Englewood's vote as employer regarding Fire & ~l)>olice Pension Association (FPPA) proposed amendr!WC.ts . _STAFF SOURCE: F~nk G~~Flnanclal ~. l?JW,4J-4()/ 11~'7-() ~-~ !Ot1ii .. 111-rill TT"' 11 . Recommendation the rtmenf of.Public Works to approve . by motion , the purchase of two bucket trucks . Staff recommends awarding the bid to Teague Equipment Company , the lowest bidder through the State of Colorado bid process , for a total amount of $94,546.00. STAFF SOURCE: Charin Esterly, Dtl'Ktor of Public Worka. iii. Recommendation from th e Department of Public Works to approve , by motion, the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks , Inc ., in the amount of $40,314.00. STAFF SOURCE: Charin Esterly, Dl1'9Ctor of Public Wortca. PINN nala: If you have• dlublllty and Mecl audary aide or....., plaw nollfy ... Clly ol 11 ... •ood (712-2405) at INet 41 hours In actnnce ol wtlM ..,._ .. nNdecl. T-* you. • l • .. I· • 0 ' I • • • • ,. - 0 • J:nglewood City Council Agenda May 4, 1998 Page3 iv. Recommendation from the Utilities Department to approve, by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder. Transwest Trucks, Inc ., in the amount of $40,314.00 . STAFF SOURCE: Stewart Fonda, Director of Utilities. 11. Regular Agenda. 12. 13 . 14 . a. b . Appr~f Ordinances on First Reading. Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards.~ c. Raso% and Motions. General Discussion . a. Mayor's Choice . b . Council Members' Choice . ~~a) City Manager's Report. a. Englewood Center Update. City Attorney's Report. a . Gesin Court Settlement. 7 Sl£6ilDtv COUNCIL ME1118ER NA8HOLZ MOVED TO APPROVE COUNCL BILL NO. 13. APP'D 7-0 COUNCL MEMaER MADIHAW MOVED, AND IT WAI leCONDl!D, TO---, COUNCL ILL NO. 13, THe LANDICAPING OllllalANCE SY IIIAIONG THe FOLLOWING CHANGES: 1. ---~C11fel. 1.a11111 .,...,...,.,_atol'Nd: PUDdltlllldl•d1c"I ...... _ ... IMI .............. •~- -IIHIL Cmi .............. llefllwatolMlypeofdau .......... UN AND ADJACENT USU. PUD ...._... ,......_.., 111111 be gilldad lly N .. I tllllvt blth llta,1-•111 tip I llill ..... l•1e11e~allle ntE •nacn PMDOlalMT DEVELOPMENT USE AND SY ReQUIREMBITS l!STMUSHED FOii llMLM DEVELOPMENTS NII IIMLM ZONE •nacta. I. AIMIIII ~111 Cit-Lalod1c.,.. .,...,.._llawlllllM allllllOllala-aall1 rtlNIDNad: WATER, WASTEWATER TMAn.NT AND OTHER IIMLM LAIIQE. SCALE "*.IC FACIU11U; -COlll'l.lANCE TO IIIITIIICT ZONE ~MENTS MAY NOT• RASaU Oil l'IIACTICAL, AN AL TEIUIATM Ca.l.JANCE PLAN MAY• SueMITTm. I. .__ ~FIi). a-allll-.1 auwatoNN: All landecapal OFF..aTREET PARKING-• 41•1111 • 1lll•ll1r -• ............... "-Nlllcularlraftlc 11y-.. curlllil9 ..... ...... _...... ..... Clly wlllcll prollillll lMlllcular -• LIii WIIICII ............. .... 4. ...... ~ L Cl). Pllllliclg Crtllriato NN: Adjo=._?:J./ ~ ......................................................... ................................... ,., ................ , c n•• ..... The following minutes were transmitted to City Council between 4/17/98-4/30/98 : Englewood Planning and Zoning Commission meeting of March 17 , 1998 • Englewood Firefighters Pension Board Special Meeting of January 21, 1998 • Englewood Firefighters Pension Board meeting of January 8, 1998 • Englewood Clean , Green and Proud Commission meeting of March 10 , 1998 Englewood Police Pension Board meeting of January 8, 1998 • Englewood Police Pension Board Informational Meeting of January 15 , 1998 Englewood Non-Emergency Pension Board meeting of January 13, 1998 • Englewood Public Library Board meeting of March 10 , 1998 /;.{(y) APP'D 7-0 HMRMCHT 111011U THAT ntE crrY OF ENCILIWOOO PUIICMAIE THe lllASK THAT WAI DONE SY M111NS AND DIU'LAY IT .. COUNCL CNMmllS FOil AWHL! AND 'IMEN DONAff IT TO OUll taTOM:AL IIIUIEUII, TO AUTMOIIIID UP TO 11N TO PUIICHAle ntAT lllASK. ITlla lMall -...._. lly ...,_ ..._ .. 1M pniiect ID ,.. ............ ,,,Colar .... PINN nole: If you heV9 • dlHb*y Md nNd auxlllary alda or MrYices, pleaM nollfy Ille Cly of Inglewood (712-2405) at ..... 41 hours In advance of wtwn Nl'Vlce9 .. needed. Thank you. • •. •· • 0 , - • • • 0 • AGENDA FOR THE REGULAR r,AEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7:30 P .M. 1. Call to order. f"/ :;3~ ~ 2. Invocation. f)JJ;/.'-'?- 3. Pledge of Allegiance . ~ 4. RollCall. fJ~ 5 . Minutes . df fJ' '1-0 a. Minutes from the Regular City Council meeting of April 20, 1998. ~ 6 . Scheduled Visitors. (Please. limit your.presentation to ten minutes.~ 7 . 8 . ~'1-0 a. Michael Cooke, Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award . Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways, will be present to share information on their West Ct'!9nango facility . c. Michael Greene and other representatives of the Airlife Memorial Park Committee will be present to address Council regarding plans for the AirUfe Memorial Park in Littleton . Non-Scheduled Visitors . (Please limit vour oresentation to five minutes.) •> Canll lel di Lon v....... g) Jan Kazlc bJcanii,nFtMon e)TlmWllllar IMaf ... _ 1t11t ,...,......_.,......_.,11.J C) Dmd V....-z f) lticll Ga Communications , Proclamations , and Appointments . Letter from Mike Dilatush indicating his resignation from the Clean, Green and Proud Commission/)~ A proclamation declaring the week of May 17-23, 1998 as Emergency Medical Services Week.~ PINN nole: If you hew • dlubllly and need auxllsy .._ or wvloN,,.... nollly ._ City ol 11 ... •ood (712·24CII) at 1Nat 41 hours In lldvllnce of when MrvlcN .. IINdad. Tlwlk you. ...... . , • •· • 0 , xi Engl-ood City Council Agenda May4, 1998 Page2 9 . Public Hearing . •, • • • ,,. a. A public hearing to gather citizen input on a proposed bill for an ordinance -~ending '""""""' Zone D;omcis _ U,t_,f STie.tas3 (AU--11!/IIJ!-l\w.s /. ~ Consent Agenda. tff4 '7-0 /J!UuU,lj) ~t11u--~ 10. tut, ~MOOl:.IJ !Oa./,· "'f"ti{~ f11E_{!,,.6~~~ a. Approval of Ordinances on First Reading . /11/.l.. ...,., i. Recommendation from the Department of Financial Services to approve a bill vprr ,.,._ t1bD/17-O for an ordinance adopting the Firefighters Pension Plan DocumerJaST~~ _ 7r"' -SOURCE: Frank Gryglewlcz, Director of Financial Services.~~ ii. Recommendation from the Department of Financial Services to adopt a bill for {l &,f ;'i,) an ordinance implementing changes to supplemental benefits for Englewood's Firefighters . STAFF SOURCE: Frank Gryglewlcz, Director of Financial /lo d,?, ,,,1?-0:.::~,dation from lhe ee,,_e,t of Fi""""~' Se,v<es to._ ab~ LAJ~ ;.,::;J an ordinance implementing changes to supplemental benefits for Englewood's Police Officers. STAFF SOURCE: Frank Gryglewlcz, Director of Financial ServlCH. Dpµ'l-o b . . IPJ.d.-ln proval of ~s..j6 eco d Readi~ Ir j i / Y-/// Council Bill 10, appro a Pipeline Crossi,<g Agreement at Yale Avenue with Union Pacific Railroad . nJ. /1:-;i, <t ii. ~/;lo iii. Council Bill 21, approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad . Council Bill 20, approving Southgate Supplement #137. c . Resolutions and Motions. AJMl/()LZ. laor/E.D /Ol / HM n(f!. et)~ 1,6,EA)JA () •• ,JJ.. i. Recommendation from the Department of Financial Services to adopt a ~~6 resolution casting the City of Englewood's vote as employer regarding Fire & ~olice Pension Association (FPPA) proposed amendm.8J!tS .• S!AFF SOURCE: F~nk G~~lnanciaJ Servk:N. !;J~U(µ 11bd'l-O ~-~ 10 i·. ·;·'f'·v TT"" 11 . Recommendation the partme~ o,Jutlic iort<s to approve , by motion , the purchase of two bucket trucks. Staff recommends awarding the bid to Teague Equipment Company, the lowest bidder through the State of Colorado bid process, for a total amount of $94,546.00 . STAFF SOURCE: Charles Esterly, Dll'Ktor of Public Works. iii. Recommendation from the Department of Public Works to approve , by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc ., in the amount of $40,314.00. STAFF SOURCE: Charles Eatarly, Dl1'9Ctor of Publlc Works. PINN nole: If you have a cleablllly Md Med 8Uldllary aids or wvtc:N, plew noa,y Ille City of 1!11glawoocl (712-2405) al INat 41 hcus In advance al when aervloN .. needed. ThMk yau. • ' •· • 0 ] • ,- 0 l• -' ~Englewood City Council Agenda May4, 1998 Page3 iv . Recommendation from the Utilities Department to approve, by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc., in the amount of $40,314.00. STAFF SOURCE: Stewart Fonda, Director of Utilities. 11 . Regular Agenda. 12 . 13 . 14. a . b . Appr~f Ordinances on First Reading . Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards .~ C. Raso% and Motions . General Discussion . a . Mayor's Choice . b. Council Members' Choice . ~~a) City Manager's Report . a. Englewood Center Update . City Attorney's Report. a . Gesin Court Settlement. 7 SU:61L.Dtv COUNCIL MEMBER NA8HOLZ MOVED TO APPROVE COUNCIL BILL NO. 1S. APP'D 7~ COUNCL MellBEI BRADSHAW MOVED, AND IT WAS RCONDED, TO...., COUNCL BILL NO. 1S, THE LANDSCAPING OIUlalliNCe IIY IIIMING THI! FOU.OWING CHANGES: 1. ...., ~ (11 (el. Lanclllc1ped Alu R..-ir-nts to read: PUD dl*lct Ir 1 ,,111e ,...._. 11181 be...,..._ on I al9MIJ· _...._ CDRrlt alluiialllllle.-.totlletypeofda~ ............ - ANDADJACl!NT USU. PUD llllllacape ,..._. lllal be guided by Fl.Iii£ I RII ltll1t1d ... 1llllll1r ll1 111,alRII Ill 1IRl11 -........ THI! mnacn ,.DOlalANT mvELOl'IIENT use AND IIY lleQIINNefTI UTA8UIIIED FOR w.M DeVB.Ol'IIENTS IN --ZONE mTIIICTI. z. ..._..1141M>l11 ~ Laid• .., Ara,....1,-uw1tt1111e ......... •-•hr Sll+IDreelll: WATa, WAIT!WATl!ll TMATaNT AND OT1tBt --LNIGe· ICAU PUaJC Facsunu: -COMPLIANCE TO mnac:T ZONE lleQIINNefTI tsAY NOT• FEMaU OIi PIUICTSCM.. AN ALTl!IINATM Ca.u&NCE PUN tsAY • ....nED. S. ,.._. ~ F II). ca-as ,....1,araato read: M IIRIIU ... OFF~TMET l'WING -Ill IRS le 1tl dlF -•• ..... be,,...... hM wlllcuSlr lrallc by_. c:urlllllg or a?ller .... ICC l,S ... to ... City w?licll pn$IISllt v.llicular accna to ... Wllltlu1•• ..... -..... 4. ,.._. ~ L (I). ...... CrSSerlato read: ______ ,....._.. ......................... ., ..... trub ... _ ... ...,.... ............ 111, .......... ........ '1 ....... .. Adjo~:,)./ ~ The following minutes were transmitted to City Council between 4/17/98-4/30 /98 : • Englewood Planning and Zoning Commission meeting of March 17 , 1998 • Englewood Firefighters Pension Board Special Meeting of January 21 , 1998 • Englewood Firefighters Pension Board meeting of January 8 , 1998 • Englewood Clean, Green and Proud Commission meeting of March 10, 1998 • Englewood Police Pension Board meeting of January 8 , 1998 • Englewood Police Pension Board Informational Meeting of January 15 , 1998 • Englewood Non-Emergency Pension Board meeting of January 13 , 1998 • Englewood Public Library Board meeting of March 10 , 1998 APP'D 7 ~ NUeNICNT MOIIB) THAT THI! CITY Off ENCILeWOOD l'UIICHAR TNE tsAIK THAT WAI DONE IY WAND DSll'UY IT .. COWICL CH,eaens FOIi AIMIL! AND TNEN DONAff IT TO OUR HSITOIIICAL WUM, TO AUT1tOlllm UI' TO 11N TO l'UIICHAIE TtsAT tsAIK. (TIie ..at•• ......... by lllayar ...... for Ille project ID ,... .................. ~ /'-/Ct1....) APP'D 7~ 111A11aHAW stCMD TO ACCU'1' TNE RTTI.Dmff ON THI! GUIN CAU PINN note: If you hllve • dlublllty and need awilllary •Ida or NrYlcH, plNM notify the City of Englawood (762-2405) at least 41 houn In advance of when NrVlcea .. IINded. Thank you. I . I • • ' - - • •\ I ' 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7:30 P.M . Call to order. rJ · ·,3~ ~ JI - 2. .Invocation. f}J))/.1-1!;.._ . 3. Pledge of Allegiance. ~ 4 . RollCall . r;~ 5. Minutes. dffd 'l-0 a . Minutes from the Regular City Council meeting of April 20, 1998. ~ 6. Scheduled Visitors. (Please.limit your.presentation to ten minutes.~ 7 . 8 . ~'7-0 a. Michael Cooke, Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer • Youth Outreach" program . b. John Meeker, Chief Executive Officer of Developmental Pathways, will be present to share information on their West C~enango facility . c. Michael Greene and other representatives of the Airlife Memorial Park Committee will be present to address Council regarding plans for the Airlife Memorial Park in Littleton . Non-Scheduled Visitors. (Please limit vour oresentation to five minutes.) •> CWol ... d) loll v....-ti) Jan KaZlc ll)Caralyn ''*"' a)TnW... &Maflla-ad••,.,.....,......_.. ......... ,11.J C) David V...... I) Rid! Ola Communications , Proclamations, and Appointments . Letter from Mike Dilatush indicating his resignation from the Clean , Green and Proud Commission./)~ A proclamation declaring the week of May 17 ·23, 1998 as Emergency Medical Services Week.~ ,..... nale: I you haw a dla1lllltJ and need audlary _..or• rta 11, ....-na11fr .. Cly of 11 ... wood (7U•l4GI) al INet 41 holn In_,.,. of when NrvloN .. IINClecl. Tlwlk you. ' --1 ..... l .. ., •· • I ]- Engl-ood City Council Agenda May 4, 19118 Page2 9. Public Hearing. (, • 0 , . • ,., a . A public hearing to gather citizen input on a proposed bill for an ordinance -~ending lnd,'1rial Zone "'1rids -Ur/(:/ ST.e.tl,l!;S {l,f,L. ff/HJ!. t'NiS /. ~' Consent Agenda . "ffJ-'7-0 /)/u,J..,4~ ~~~ 10 . Ct.A-II l.PMO{)ElJ /Oa,/,· Y-li/~ f11E-{!,,.6~~~ a . Approval of Ordinances on First Reading . /'I tJj.,_ ,.,., i. Recommendation from the Department of Financial Services to approve a bill i.:,,prr-,.-,.. llbD/1? O for an ordinance adopting the Firefighters Pension Plan DocumerY; l ST~ _ ~Tr"" -SOURCE: Frank Gryglewlcz, Director of Financial Services. I!/~ ii. Recommendation from the Department of Financial Services to adopt a bill for (} [t! ;c/-> an ordinance implementing changes to supplemental benefits for Englewood's Firefighters. STAFF SOURCE: Frank Gryglewlcz, Director of Financial I) oJ.?, ~?~ndatioo Imm""' Departmeot of F;~ See,<es to adopt ab~ L-D' ;,.:J an ordinance implementing changes to supplemental benefits for Englewood's Police Officers. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. nJ ! ;i, 'I ii . ~,io iii. Council Bill 21, approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. Council Bill 20 , approving Southgate Supplement #137 . c. Resolutions and Motions. AJMI/OLZ. laO(/E./) /Oli HM Tl(/! et)~ /rl,~ () •• ,JL i . Recommendation from the Department of Financial Services to adopt a ~<53 resolution casting the City of Englewood's vote cs employer regarding Fire & ?{}>olice Pension Association (FPPA) proposed amendmjJ!.ts· .ff!AFF SOURCE: n_/1 F~nk G,~lnancial ~-!;JWAJ.J,,(J/ A~r-v ~-~ /Oflii .. 111-rill TT"' 11 . Recommenda on the artmei'il of,Public Works to approve , by motion , the purchase of two bucket trucks. Staff recommends awarding the bid to Teague Equipment Company , the lowest bidder through the State of Colorado bid process, for a total amount of $94,546.00. STAFF SOURCE: Charles Esterly, Director of Public Works. iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc ., in the amount of $40,314.00 . STAFF SOURCE: Charles Esterly, Director of Public Works. PINN nole: If you haw a dlublllty and need ama.y aids or ..,,,.., plew nallfr Ille City of Inglewood (712•2405) al INst 41 houra In advance of when NmON ......... Tlwlk yau. ' . i!",,\, •· • 0 , I • • 0 • !ngl-ood City Councll Agenda May 4, 1998 Pagel iv. Recommendation from the Utilities Department to approve , by motion , the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc., in the amount of $40 ,314 .00. STAFF SOURCE: Stewart Fonda, Director of Utllltles. 11 . Regular Agenda . 12 . 13 . 14. a . b . Appr~f Ordinances on First Reading . Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards .~ c . Reso% and Motions . General Discussion . a . Mayor's Choice . b . Council Members' Choice. ~~a) City Manager's Report . a . Englewood Center Update. City Attorney's Report . a . Gesin Court Settlement. 7 $1£6lf..,Cu.} COUNCIL MEMaER NAIIHOLZ MOVED TO APPROVE COUNCIL IIIU. NO. 13. APP'D 7-4 COUNCL MEINEll aRADIIHAW MOftD, AND rr WAS leCONDeD, TO.__, COUNCL IILL NO. 13, THE LANDSCAPING ORD914NCe rt W 1N1! FOU.OWING CHAWS: 1. ..... ~c11ce,. t.an•• •prt ..................... ,...: PUD dl*kl • Ca;111' I,...._ ... allall be .. ...._. on• caeH,J· _ ......_ Cmnldnation allall 11e.-totlle type of cle,.,._11 u• AND ADJACENT UIU. l'UD ~ .................. be gulcled by .... 11 ........................ , ........................ ... 1N1! mTIIICT'I ~ Dl!Vl!LOPMENT USE AND IY ~ UTAaJSHl!D FOR IIMLAR DEVl!LOPMl!NTS IN -. ZONE DlaTIIICTI. I. .._.. ~ (11 Cl}. Ulldacapell Alu ........... wlllltlle ....__,•-••• t._+IOINII: WATl!II, WAITl!WATB TMATaNT AND cmtl!R uaM UIIIGI!· 1CAL1! PUaJC FACIUTID: -COW'UANCI! TO m11IICT ZONE MG! ....... IIAY NOT• Fl!MaLI! Oii l'IUCTICAL. AN AL TBINATM COIIPUANCI! PLAN IIAY • SuaMrrTm S. .._..~FIi). .._..,..., t to,._: Al lallda; ... OFF.aTlll!l!T l'WING -4 I le ltll llH -•• ............................ alllclly ______ __ ...... _..,. ........ Clly wtllctl pralllllll velllcular -lo .... wrwtJM1111..,...._ ...... 4. A1M1111 ~ L (I). ......... Crllarla to IMIII: Adjo~;)./~ ....................................................... fNlla allall llOtbe ......... wtlllilt ....... 1111 ........... ......, '1 , ........ The following minutes were transmitted to City Council between 4/17/98-4/30/98: Englewood Planning and Zoning Commission meeting of March 17 , 1998 • Englewood Firefighters Pension Board Special Meeting of January 21 , 1998 • Englewood Firefighters Pension Board meeting of January 8 . 1998 • Englewood Clean , Green and Proud Commission meeting of March 10, 1998 • Englewood Police Pension Board meeting of January 8 , 1998 • Englewood Police Pension Board Informational Meeting of January 15, 1998 • Englewood Non-Emergency Pension Board meeting of January 13 , 1998 • Englewood Public Library Board meeting of March 10 , 1998 /;_{(y) APP'D 7-4 HMl!NICHT IIOVeD THAT 1N1! CITY OF l!NCILl!WOOD l'UIICHAII! THI! MASK TltAT WAS DONE aY w AND Dlll'I.AY rr .. COUNCIL CHts nrna FOIi AMtL.I! AND ntl!N DONATI! rr TO OUR HISTONCAL lllUll!UM, TO AUTHORIZI! UI' TO 11N TO l'UIICHAII! THAT MASK. (Tlla _. -......_ by Mayor._. .. Illa pnatecl lo ralM funds,_ ltNfice-, Colorado! ; '-f c1.....) APP'D 7-4 ....... w IICMD TO ACCEPT THI! um.PmlT ON THI! .... CAN , ..... note : If you haV9 a dlurblllty and need auxiliary alda or MIVlcea, plNN notify the City of Englewood (712-2405) at leut 41 houn In advance of when NrVicea an needed. Thank you. -• ' .. • • • C , ]- • .. • .. : ·~ 1 . • • , . • AGENDA FOR THE · REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7 :30 P.M. Call to order. r/ :J~ ~ ,,, ~ 2. Invocation. f}tJ;I.~ 3 . Pledge of Allegiance . ~ 4 . Roll Call. PJ~ 5 . Minutes. dffl '1-0 a . Minutes from the Regular City Council meeting of April 20, 1998. ~ 6 . Scheduled Visitors . (Please .limit your.presentation to ten minutes.~ a. Michael Cooke, Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award . Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways , will be present to share information on their West C~enango facility . c . Michael Greene and other representatives of the Airlife Memorial Part< Committee will be present to address Council regarding plans tor the AirUfe Memorial Park in Littleton . 7 . Non-Scheduled Visitors. (Please limit vour oresentation to five minutes.) •> Canil hi d) lolly.....,_ II) Jan -- 11) Caralyn FullOII •> T1nl Wllllf 1M ., ... -1111 • •1 • ...... ....._.,.._. ... I Ill.I c) David v......-I) !tide ca 8 . Communications, Proclamahons , and Appointments . ap,i'l-0 Letter from Mike Dilatush indicating his resignation from the Clean , Green and Proud Commission .I)~ A proclamation declaring the week of May 17-23, 1998 as Emergency Medical Services Week.~ PINN nola: If you haw• dlublllly and need auxllary alda or wvloN, ....... naafr 1w Clly al Inglewood (792•2405) at INat 41 hours In advance al whM NrvtcN .. MeCled. Tt.lk you. • . •· • 0 Engl-ood City Council Agenda May 4, 1998 Page2 9 . Public Hearing. <. • 0 ,. - ,, a. A public hearing to gather citizen input on a proposed bill for an ordinance !~rending Ind"'"'" Zone DWtncts -l!ltt.'f snt.tlls:! Ur!,z...1/f!Jltic l'NIS ,)_ ~' ConsentAgenda. ~IJ-O ~f.Lu)~~~ 10. CUI I l.PMOrJf:-fJ 10 a., /r. "f-!i/ !~ tHE.-{!,,d~~ ~ a. Approval of Ordinances on First Reading. /J Ill.. i'J"I i. Recommendation from the Department of Financial Services to approve a bill ~ ,,..,._ t1bD/17-O tor an ordinance adopting the Firefighters Pension Plan Docume~lST~~ _ ·rr"' -SOURCE: Frank Gryglewlcz, Director of Financial Services.~~ , I ii. Recommendation from the Department of Financial Services to adopt a bill for {] &,f J.,> an ordinance implementing changes to supplemental benefits for Englewood's Firefighters . STAFF SOURCE: Frank GrygleWlcz, Director of Financial n n d, 0 1 ~?-0:.:::ndation from the Department of F;nan,~ Sen,;oe, to adopt ab;~ L,D'P ,,..,:::; an ordinance implementing changes to supplemental benefits for Englewood's Police Officers . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servlcea. apfJlfJ-o b . . !Jf2d.l )J' nJ/1:-J,<t ii . Pu/. J 3o iii. Council Bill 21 , approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad . Council Bill 20, approving Southgate Supplement #137 . c . Resolutions and Motions . AJ/rbl()LZ. l,aorJE,/J /{)!.; ~ rt(/!. (!,/)AM)r 1,1,E))M () •. .Ji. i. Recommendation from the Department of Financial Services to adopt a ~(}5!) resolution casting the City of Englewood's vote as employer regarding Fire & lJ>olice Pension Association (FPPA) proposed amendmjfts· .S!AFF SOURCE: Frank Gryglew~DI or of Financial Services. 0 !H,,4J.J.u/ Ab61fJ-O ~ !Oflii .. iil-riv TT"' 11 . Recommendation the artmeiil of.f'ublic Works to approve , by motion , • the purchase of two bucket trucks . Staff recommends awarding the bid to Teague Equipment Company, the lowest bidder through the State of Colorado bid process. for a total amount of $94.546 .00 . STAFF SOURCE: Chartes Esterly, Director of Public Works. iii. Recommendation from the Department of Public Works to approve . by motion , the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks. Inc., in the amount of $40,314 .00. STAFF SOURCE: Charles Esterly, Director of Public Worb. Plew nole: • you haw a dle1bllly and nwl awdMery aide or wvloN, plew nodfy Iha City ol Inglewood (712-2405) el taeat 41 hours In adllwlce o1 .._...,,._. .. needed. 111Mk you. .. .. •· • , • "' - 0 • <. '.engl-ood City Council Agenda May 4, 1998 Pagel iv. Recommendation from the Utilities Department to approve, by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc ., in the amount of $40 ,314 .00 . STAFF SOURCE: Stewart Fonda, Director of Utllltles. 11 . Regular Agenda. 12. 13. 14. a . b . Appr~f Ordinances on First Reading . Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards. !Jvu,,L_ C. Reso% and Motions. General Discussion. a . Mayor's Choice . b . Council Members' Choice . '>S!S-!36LOa) City Manager's Report . a. Englewood Center Update . City Attorney's Report. a . Gesin Court Settlement. 7 SU:6Eu>tJ COUNCIL.._.. NMHOLZ IIOIIED TO APPROVE COUNCIL IIILL NO . u. APP'D 7~ COUNCL •..a IJRADSHAW MOVED, AND ITWAS SECONDED, TO AMBID COUNCL IIILL NO. 13, THE LANDICAPING ORDIUINC:e IIY MAKING THE FOLLOWING CHANGES: 1. Anwnd ~ (11 (el. L.andecapell Ana R....-,,ta to read: l'VD llalrlct 1Mdec1PI .. ,..._,.. 111811 lie ........... on a ca...a,y. ca• ....... Conllillenlion ........ .._ ..... .,...., •• 11opnw11 UN AND ADJACENT USU. l'VD ,__.,. ,..._. sllal lie guided by ...... ... ·-~·-·· ............••• , ...... ill .................. ... THE DISTRICn l'MDOMIIIANT DEWLOPMENT USE AND BY ~MDTS UTMUStteD FOR UIIL.AR DEVELOPMENTS IN --ZONe DISTRICTS. Z. Anwnd ~ (11 (I). Land.caped Ana .......... wllhU. lldlllllon of •-••11 CINII IO read: WATH, WMTNATa TNAnmff AND OTHER UIIL.AR LAROl!- ICALI! PUaJC FACIUTll!S; WHIRi! COW'UANCI! TO DISTRICT ZONE ~ IIAY NOT• Fl!-.e OIi PRACTICAL. AN ALTEINATM COM,I.IANCI! PUN IIAY • IUeMff'Tl!D. I. .__ ~ F (I). a-.i llaql I auauto read: M lalllecaped OFF.aTMET ,ARKING_ •lilHWII • otlu Illar-• .... lie,....._ .._........,tr.-c by_... curlllnt or aa.. dawlcN _.,...... to Ille City wNch p,111111111 velllcular accau to and _ ...................... .. 4. Ml8IIII ...._. L(t). PlalllngerllalatorHd: Adjo=-9:J,/ ~ ..._ ___ ,.... _.W.wllll lMrna, ..,.._, _ ,... __ ,.. .......... _ ... ,.,.... ... wllhlil ........ (111 .................... 'C INll .. aa. The following minutes were transmitted to City Council between 4/17/98-4/30/98 : Englewood Planning and Zoning Commission meeting of March 17, 1998 • Englewood Firefighters Pension Board Special Meeting of January 21, 1998 • Englewood Firefighters Pension Board meeting of January 8 , 1998 • Englewood Clean , Green and Proud Commission meeting of March 10 , 1998 • Englewood Police Pension Board meeting of January 8 , 1998 • Englewood Police Pension Board Informational Meeting of January 15 , 1998 • Englewood Non-Emergency Pension Board meeting of January 13, 1998 • Englewood Public Library Board meeting of March 10, 1998 /;{(y) APP'D 7 ~ HMe..:NT ...,.., THAT 1HE CITY OF DOU!WOOD "'91CNASI! THE MASK THAT WAS DOie BY WAND Dlll'I.AY IT .. COUNCIL CN• II POii WAND THEN DONATI! IT TO OUII .. TOIIICAL WUM, TO AUTltOIIID .. TO t111 TO PURCNUe THAT IIAIK. (Tlla lMall -......... llr ...,_..._tor U. p,aject lO .................... c.i. ..... PINN nota: H you haw I dlHbMlly and need IUJlllary Iida or wvlcff, plNM notify Ille City ol Englewood (712-2405) II .... , 41 houri In advanc:. ol when NfYlcea .. nNdad. Thank you. •. I· • 0 f ]- \ • 0 • '· AGENDA FOR THE Af:GULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 1. 2. Call to order. f"J:!J~ ~ Invocation. /) t/JI.~ 3. Pledge of Allegiance. ~ 4 . Roll Call. fJ~ 5 . Minutes. 7 :30 P .M. . \ ,,, - dff' '1-0 a. Minutes from the Regular City Council meeting of April 20, 1998. ~ 6 . Scheduled Visitors . (Please· limit your.presentation to ten minutes.~ 7 . 8 . ap,i'l-0 a . Michael Cooke, Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways, will be present to share information on their West C~enango facility . c. Michael Greene and other representatives of the Airlife Memorial Park Committee will be present to address Council regarding plans for the Airlife Memorial Park in Littleton . Nnn-~cheduled Visitors . (Ple'ase limit vour oresentation to five minutes.) a) C.-ol Bal d) Loll V......-11) Jan l<arzlc b)CllnllynFIMan a)TlmW... IM8f .. •• t1•111at,,.........._.._... ... ,1t.l C) David V....... I) ltimQa Communications, Proclamations, and Appointments. Letter from Mike Dilatush indicating his resignation from the Clean, Green and Proud Commission./)~ A proclamation declaring the week of May 17-23, 1998 as Emergency Medical Services Week.~ PINN noea: If you have• dlaablllty and nNcl auxlllary aide or wvloN. plew nollfy the Clly of l!nglHood (712•240I) al INst 41 houn In actvance of when Nrvlcee .. nNded. TIIMk you. ... •· • 0 ' I ]- Engl-ood City Council Agenda May 4, 1998 Page2 9. Public Hearing. a. • ,- 0 I • • t 10. A public hearing to gather citizen input on a proposed bill for an ordinance_\mending '""""""' ,,,.,. o'"""' -o~ sr.e.tascs CM,z--1J2/ltl!-l"NJS.) ~· Consent Agenda. 4ffd ?-O 1)/l,JJ..,4"4) ~~~ Ct.A-II ~MO{}E.fJ IOaJ,· "'1-ltifl!M 11'1e.-~~~~ a. Approval of Ordinances on First Reading . fl 11~ ~., i. Recommendation from the Department of Financial Services to approve a bill ~ ;,-.. /lbtJ/1 '7-O for an ordinance adopting the Firefighters Pension Plan Docume~ l ST~~ _ -Tr"' -SOURCE: Frank Gryglewlcz, Director of Financial Servicn. ~~ , I ii. Recommendation from the Department of Financial Services to adopt a bill for (}, &f ;.,) an ordinance implementing changes to supplemental benefits for Englewood's Firefighters. STAFF SOURCE: Frank Gryglewicz, Director of Financial 'a;fd??rvicn. , IIB' d,?, Hi . Recomm..,datio" 1,om lhe Oopartmem of '""""''"' SeMce, lo adOpt a bi~ C. ~ ,..,.:::> an ordinance implementing changes to supplemental benefits for Englewood's /J.pfJlfJ-o b. . Ind.I ;.r ~#-/l·/1 ii. ~,io iii. Police Officers. STAFF SOURCE: Frank Gryglewicz, Director of Financial Servicn. proval of ~s~_ eco d Readi;2, t,--j i / Y-/// Council Bill 10, approv a Pipeline Crossi6g Agreement at Yale Avenue with Union Pacific Railroad . Council Bill 21, approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. Council Bill 20, approving Southgate Supplement #137. c . Resolutions and Motions . J.J/tBH()LZ. laDOUJ /()! / ftbA THI!-et)~ 1,1,E)/JA () •• ,JL i. Recommendation from the Department of Financial Services to adopt a ~t_;!; resolution casting the City of Englewood's vote as employer regarding Fire & {:Police Pension Association (FPPA) proposed amendmjp_ts .• STAFF SOURCE: '7-Frank Gryglew~cz, Di or of Financial ~Ices. l?J /..l-l.,4AJ,u/ 11bd '-0 ~ !Ot1 ii . .1ti -rill TT"' 11 . Recommendation the epartmeiil of.Public Wor1<s to approve, by motion , • the purchase of two bucket trucks . Staff recommends awarding the bid to Teague Equipment Company. the lowest bidder through the State of Colorado bid process , for a total amount of $94,546 .00. STAFF SOURCE: Charles Esterly, DirKtor of Public Works. iii. Recommendation from the Department of Public Wor1<s to approve , by motion, the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks. Inc ., in the amount of $40 ,314.00. STAFF SOURCE: Charles Eaterty, DlrKtor of Public Works. , ..... nota: If you haw a dlaablllty and IINd audlary aids or Nl'W:N. plew nollfy the City of Inglewood (782-2405) at INat .. hours In advance ol whln ..,._ .. l'INded. Tilalk you. -• • . . J •· • 0 , - • • 0 • I" .Englewood City Council Agenda May 4, 1998 Page 3 iv . Recommendation from the Utilities Department to approve , by motion, the purchase of a dump truck. Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc., in the amount of $40 ,314 .00 . STAFF SOURCE: Stewart Fonda, Director of Utilities. 11 . Regular Agenda. 12 . 13. 14. a . b . Appr~f Ordinances on First Reading. Approval of Ordinances on Second Reading . Council Bill 13, approving amendments to the Landscaping Standards .~ c . Raso% and Motions . General Discussion . a . Mayor's Choice. b . Council Members' Choice . >=,#-awr.u City Manager's Report . a . Englewood Center Update . City Attomey's Report . a . Gesin Court Settlement. 7 SI.£ IEU)t.J COUNCIL MElaER NA8HOLZ MOIIED TO APPROVE COUNCL IIIU. NO. 13. APP'D 7~ COUNCL _..... MADSHAW IIIOVl!D, AND IT WAS leCONDeD, TO AlmllD COUNCL Ml. NO. 13, lite LANDICAPINO ~NCI! IY IIAlmlO lite FOLLOWING CHANGES: 1. ,.__~(11tel-L.Mdee.,..Ana•,.,r w.-loread: ,U01119111d _,••I ..... ,...__.. ..... lie ........ .ad an a CUHPJ• _ ..... ._ C.......,atlui, elllPII lleglWM toU.type ofdenlopmwil u• AND ADJACENT USU. P'UDlwidaeape .................. lie guided by ._..as 1111 sttlrt1~ .... -.....••• , ............... _._. ..... .. lite mTM:n l'IIEDOlalANT DeVELOl'MBff use AND av MQUIIIEa.NTS UTA&ISHED FOP IIMLM DEVE.OPMENTI IN ..... ZONE mTM:TI. Z. .._. ~ (11 (II. L.Mlllacapwl Ana .... _ ... wllli tlie ---,,,, • -0 ...... 19811: WATl!II, WAITNATa TMATaNT AND OTlteP IIMLM LAIIOe· ICAU Pia.IC FACSLITU; -~E TO DIITIIICT ZOSIE MGI....-.TI IIAY NOT. R-.a! OIi PIUC11CAL, AN M.TaNATIIIE COIIIPIJANCE PUN IIAY • ~ I. .._. ~F (II. ........ In• I SltonwS: All I• • ... Ol'F..aTMeT ,....., _... • .. ti ... -- ......................... alllc .., __ _..,._ .... dntcea _.....,... ..... cay wlilcli prolillPl3 wlilcular -to and wwwac11-11 .... ..._...._ 4. ...._. ~ L Cl). ll'3anSlng Cltlaria to INd: Adjo=---9 :)./ ;,,.-,' .......................................................... llul?alllalMllle ......... wlSlilnlHINS (11, ,,,,....._........_ ,csk:s ..... The following minutes were transmitted to City Council between 4/17/98-4/30/98 : • Englewood Planning and Zoning Commission meeting of March 17, 1998 • Englewood Firefighters Pension Board Special Meeting of January 21 , 1998 • Engle'Nood Firefighters Pension Board meeting of January 8 , 1998 • Englewood Clean, Green and Proud Commission meeting of March 10 , 1998 • Englewood Police Pension Board meeting of January 8, 1998 • Englewood Police Pension Board Informational Meeting of January 15, 1998 • Englewood Non-Emergency Pension Board meeting of January 13 , 1998 • Englewood Public Library Board meeting of March 10 , 1998 /;.{tr) APP'D 7~ NMmlCHT IIIOlftD 1NAT ne c:rn o, 1-..wooD ll'WICISAN ne 11A1K TMAT WAS DONe IY WAND DIIPLAY IT• COUNCL CNt • POil Mll&I AND THIN DOISAft IT lO OUII ... TOIIICAL WUII, TOAUTHOIIID UP TO IW lO l'UIICNAN 1NAT IIAIK. ITlleaallll _ ....... 11J ...,_ ..,_ ..... llfltee1 to ,.... .............. ,,,,c..raNI PINN nol9: It you have a dlenhllllJr and need audlary .._ o, NMON.,.... nollfy 11W City of Inglewood (712-2405) at .... 41 hour9 In advance of wt1en NmON .. naadad. T1wlk you. .... . r,tl • I l ~ •. .. • • • 0 , •. • • 0 I• • . - ..<Ah ~-Ml-~'" /\A,~/dm ~ {/YV~Yl '(/j~9~0R'n-lE' ~ ~l~ { ~ ~ ~~~~~t'F L ~ij~ THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 4, 1998 7 :30 P .M. 1. Call to order. '7-.,[;[; ~ 2 . Invocation. (}~ 3. Pledg~ of Allegiance . ~ 4. Roll Call. 5. Minutes. Ofti?-?J Minutes from the Regular City Council meeting of April 20 , 1998. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Michael Cooke , Douglas County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by ORCOG in the Public/Private Partnership category for the "Safe Summer • Youth Outreach" program . b . John Meeker, Chief Executive Officer of Developmental Pathways , will be present to ~~~~'\f~ their West Chenango facility . ~~ other representatives of the AirUfe Memorial Park Committee be present to address Council regarding plans for the AirUfe Memorial Park in Littleton . 7 . No~Sc-ed ~Ul( (Pleaseljimtt~Jf4w'rfri~~t~s.) ~ 7)# 11)/rlU:R_ tr: Y,iJ /;11 LmJ ,L.-4JJLJ_v ~/1/:.2., ,./. ~~-/4,JL1/T a. Commun s.'Procl(matfons , AppcSinlMents . ~ . V A-/.J 'CJ:.. ~/ n I ll:--f1'!Cetter fro~ Mike~p·1a indicating his resignation from the Clean , Green and Proud ~ . '--0 V r,.c,r Comm1ss1on . // ~ • · ~ ,4 &11 Hroclamation de<:lari ~pf May 17-23 ,.»J9es ~!9rpency Medical r ~,re,'rvicesWeek. ~Jal~ ~ Plew nola: • you twwe • dllt1llllly and naad....., aldl or •wta11, ....-nolly .. Clly ol 11 ... •ood (712•240I) ............. In ..... of .... ..--......... 1-* ,OU. , ,, .. I I .i. • • • , Englewood City Council Agenda May 4, 1998 Page 2 9 . a . 10 . • 0 • a . Approval of Ordinances on First Reading. ,. - I• {; ~-I-p i. Recommendation from the Department of Financial Services to approve a bill .P If IJdiJ?fJ.or an ordinance adopting the Firefighters Pension Plan Documen}i~}"Af~,,, 7,-v SOURCE:f~k 1 qryglewlcz, Director of Financial Services. /! ~ 1?/J...A:... '1 / ii. R ;~ti~m the Department of Financial Services to adopt a bill fo(i£J cpr cr-'f-1 rdinance implementing changes to supplemental benefits for Englewood' 3/t/ L " fighters . STAFF SOURCE: Frank Gryglewlcz, Director of Financial 7 1-t rvlces. 11 n ILJ._ ; iii Recommendation from the Department of Financial Services to adopt a bill for ~ an ordinance implementing changes to supplemental benefits for Englewood's Police Officers . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. /fDPJ rJ -0 Approval of Ordinances on Second Read~' I J1 lo~ I J-f-d b . mJJ:-2£_ <N_:# 23_ i. ii. Council Bill 10, approving a Pipeline Crossing Union Pacific Rattroal!-. -- Council Bill 21, approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad . {fl d It 61) _ iii . Council Bill 20 , approving Southgate Supplement #137 . c . Resolutions and Motions . ~/ ...--M-...!l!"r''-'r,-'-8-JL-h,.., , J. IL c_l).. i. Recommendation from the Department of Financial Services to adopt a /JUJfV1JU1. /Cf,41)-::11-':LJ~ resolution casting the City of Englewood's vote as employer regarding Fire & • · · ~ 7'{)Police Pension Association (FPPA) proposed amendm151~.: _STJFf;iS~U,CE: • ·.~- Frank Gryglewlcz, Director of Financial Services. fl)~ Recommendation from the Department of Public Works to approve ;by motion , the purchase of two bucket trucks . Staff recommends awarding the bid to Teague Equ ipment Company , me lowest bidder through the State of Colorado bid process , for a total amount of $94 ,546 .00 . STAFF SOURCE: Charles Esterly, Dlrwc:tor of Public Works. iii. Recommendation from the Department of Public Works to approve . by motion . the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks , Inc ., in the amount of $40 ,314 .00 . STAFF SOURCE: Chartes Estarly, Director of Public Works . P ..... noe.: II you have• dlublllty and need auxiliary a6ds or wvtces, plaae notify Iha Clly of lliglemood (712-2405) al INst 41 hours In advance of .... NrvlcN .. nNdacl. ThMk you. •. .. •· • 0 , - ,. -• 0 , . • Englewood City Council Agenda May 4, 1998 Page3 iv . Recommendation from the Utilities Department to approve, by motion, the purchase of a dump truck . Staff recommends awarding the bid to the lowest bidder, Transwest Trucks, Inc., in the amount of $40 ,314 .00 . STAFF SOURCE: Stewart Fonda, Director of Utllltles. 11 . Regular Agenda . a. Appro~Ordinances on First Reading. A'-,..../JJ b. Approval of Ordinances on Second Reading . /J1f"': 3!11~-Couno;1 Bin 13, ,.,..,;,g ameodmoot, ~rrJs/)JjJ/JfJ ~ c. Resol~sand Motions . 'ft'?-0 @fid,, ~/hA ~~ 12 . General Discussion. 7 // a. Mayor's Choice . ~~ b. Council Members' Choice . 13 . City Manager's Report. a . Englewood Center Update . 14. CltyAttomey,R-. ~ a. Gesin Court Settlement. 1'-0 Adjo"mmoot. ~~ The following minutes were transmitted to City Council between 4/17/98-4/30/98: • Englewood Planning and Zoning Commission meeting of March 17, 1998 • Englewood Firefighters Pension Board Special Meeting of January 21, 1998 • Englewood Firefighters Pension Board meeting of January 8 , 1998 • Englewood Clean , Green and Proud Commission meeting of March 10 , 1 • Englewood Police Pension Board meeting of January 8, 1998 • Englewood Police Pension Board Informational Meeting of January 15 , 1998 • Englewood Non-Emergency Pension Board meeting of January 13, 1998 • Englewood Public Library Board meeting of March 10, 1998 PINN nale: W you hne • ct1a1•1a., and IINd ... .., a6de or wvtcN, plaw nollly .. Clly ol lngla•ood (712-2405) al INat .. houra In adwanoe of ...... ..,,,._. .. IINdacl. n.lk yau. •. .. ., •· • 0 I -• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO May4, IMI I . CaHteONer Tbc rcguJar meeting of the Enlllewood City Council -called 10 order by Mayor Bums at 7:30 p.m. 2 . llmlcadoa 3. ~ fl Allepuce Tbc Pleqc of Allegiance -led by Mayor Bums. 4. ...Call Pracat: Ablenl : CounciJ Members Nallholz, Clapp. 0am:a. Biadlbaw, Habenicht, Wagoner.Burns Nolle A quorum -preamt. Abo praeat: S. City Ma-., Scan City AltOnlcy Brouman City Clerk Ellis ~~~1-p (a) COUNCIL MEMKll_ MO\'ED. AND ITWAS Sl:CONDED, TO APPROVE THE MINUTU OP THE llEGUIAII MUTING 0, AND. .. I,._ Motion carried. Ayes : CouciJ Members NabMlz, Gamllt, Bradlbaw, Habeaicbl, Wagoner, Clapp. Burm Nays : Nolle (a) Midad Cooke, Douglas Coualy OwmilPODCr al Dener Regional Council of Govemmcm Board Member, praenled the Cily o(Eaalcwood with die 1991 Local Gov~ lllllOYations Awanl. Eaglewood Im been boaonid by DRCOG in die PubliclPrivarc Panncnbip ca1qOry ror die ~s.re Swnmer ·Youth Oulreadl" ....,__ (b) John Meeter. Cliid Exec:ulive Officer of De,.eq al l'ldnways, ...,.. imonmlioa on their Well 0-,0 6icilily. (C) Micllael 0n:ae al_ of die AirLife Mca.iaJ Park Ccmmi1* ....... Council rqanlina ... for die AirLile Meaorial Park in Lildetaa. •. .. • • 0 , • • • <. EactewOOII City c-il May 4, 19'1 Pqe2 There were no ~visitors. 8 . (a) A leacr from Mike Dilamlb indicaling bis resignation from the Clean, Green and Proud Commiaion -Cllllllidered. COUNCIL MDDER MOVED, AND IT WAS SIECONDED, TO ACCEn TIO Rl:SIGNAnoN or MID DIIATIJSH PROM 1111: CLEAN, GREEN AND PROUD COMMISSION. Ayes : Nays: Mocioa carried. Council Mcmben Nabholz, Gamtt. Bradshaw. Habenichl. w...,.., Clapp. Bums ~ (b) A pmdanwion declariDg lbc: Mel of May 17 tbroup 23 , 1998 u Emqency Medical Services Weck w COlllidaed. COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO PROCLAiM NTIIE WEEK or MAY 17 THROUGH 23, ,,,. AS Dll:llGENCY MEDICAL SERVICES WEIK. Mocioa carried. Ayes : Council Mcmben Nabholz, 0amtt. Bradshaw, Habenichl. w...,.,, Clapp. Bums Nays: ~ Mayor Bums prcacnted 1bc: proc._.,ion to Safdy Semc:a EMS Coon1iaator Jim Ulrich. 9 . Plllllic .... (a) COUNCIL Ml:MUll __ MOVED, AND IT WAS SIECONDU, TO OPEN 11R PUaLIC IIEAIUNG TO GATll&R CITIZEN INPUT ON A PROPOSED a1LL FOR AN ORDINANCE AMENDING INDUSTalAL 1.DNI: DISTRICl'S. Ayes : c.c..:il Melllben Nabholz, 0amtt. Bradlbaw, Habeaic:bl. w...,.., Clapp. Bums Nays : Ncae Motion carried al Ille Nllic .......... All lCll..-y -pm --Clllla. Neigllborliood and Eavir-.. Tecliaiciaa ........ . . . . . .. SIie IUbmitted Proof of Publicalioll of Notice of Public Hcwiq. wllic:lt appcaed ia Ille Eapwoad Henld April 10, 1991. COUNCIL MDIKR __ MOVED, ANa IT WAS KCONHa. TO CLOSE 1111: PUaLIC Bl:AlllNG. Ayes : c.c..:il Melllben Nabholz, Cilmia, e..w.-. Habcniclll. w...,...aw.a... Nays: Ncae Motion carried al Ille Nllic ..... claled. • t • • • 0 ,_ - -- • • l.a&kwood City Coaacll May4, 1991 Pqel 10. C.-tA..- (. • • • (a) Appuval or Ordinances on Fin1 Reading COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 11 (a) (I), (Ii) aad (Ii) ON FIRST READING. (i) COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ADOP11NG 11IE "CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS RESTA'IBD JANUARY I, 1996)" BY 1lffi CITY OF ENGLEWOOD, COLORADO. (ii) COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER ,- A BILL FOR AN ORDINANCE AMENDING 1T1'LE 3, CHAPTER I, SECTION I. SUBSECTION 2 OF 1lffi ENGLEWOOD MUNICIPAL CODE ,91s BY REPEALING rrn..E 3, CHAPTER 8, SECTION I , SUBSEC110N 2, AND ENACTING A NEW Tl11.E 3, CHAPTER I , SECTION I, SUBSECTION 2, EN1Tl1.ED SUPPU!MENTAL DISABn.ITY BENEFITS WHIOf PERT AJNS TO DISABILITY BENEFITS FOR FIREFIGKl'ERS . (iii) COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTION 2, OF 111E ENGLEWOOD MUNICIPAL CODE 191S BY REPEALING TI11.E 3, CHAPTER 7, SECTION 2, AND ENACTING A NEW 11TLE 3, CHAPTER 7, SEC110N 2, EN'ITl1.ED SUPPLEMENT AL DISABILITY BENEFITS WHIOf PERTAJNS TO DISABILITY BENEFITS FOR POLICE OFFICERS. Motion carried. Ayes: Council Members Nabllolz. Garrdt, Bnidlbaw, Habenicht, w...,.., Clapp, a.. Nays : None (b) Appuval or~ oa Secoad k,diag COUNCIL MEMKll ___ MOVED, AND ITWAS SECONDED, TO APPROVE CONSENT AGINDA ITIMS 11 (II) (I), (i) IIN(III) ON SECOND READING. (i) ORDINANCE NO ._. SERIES OF 1991 (COUNCIL BILL NO . 10. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE Atn'HORJZJNG A PIPELINE CROSSING AGREEMEJIIT ENTI111ID PIPELINE CROSSING AGREEMENT -MILE POST : 6.4"° AT YALE A VENUE WITH 1lffi UNION PACIFIC RAILROAD COMPANY . (ii) ORDINANCE NO ._, SERIES OF 1991 (COUNCIL BILL NO. 21 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE Atn'HORJZJNG A PIPELINE CROSSING AGREEMENT ENTI111ID "PIPELINE CROSSING AGREEMENT -MILE POST : 7.76"' AT KENYON A VENUE wmt TIIE UNION PACIFIC RAILROAD COMPANY . ·- .. •· • 0 • • • (. Eaalew ... City C.-11 May 4, 19'1 ...... (iii) ORDINANCE NO._, SERIES OF 1998 (COUNCil. Blll.. NO. 20, INl1lODUCED BY COUNCil. MEMBER WAGGONER) AN ORDINANCE APPROVING SUPl'U!MEm NO. 137 T0111E SOU'IHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR 11IE INO..USION OF LAND Wl11IIN 11IE DISTRICT BOUNDARIES . Aya: Nays : Council Membcn Nallbolz, Gama, Biadlbaw, Habeoichl, w.....-. Clapp. Bwlll ~ (c) l-1lllioN ad Maliw COUNCIL IIDIRll IIOVD.AND ff WAS RCONKD, TO APl'llOVE CONSENT AGENDA ITDIS It (c) (I), (II). (II) IN(w). (i) RESOUmON NO. _, Sl!RIES OF 1991 A RESOLl1l10N IN WHKJI 11E arv OOUNCIL OF 11IE crrv OF ENOLEWOOD, <XlLORADO HEREBY CASTS rrs EMPLOYER'S VOTE IN FA VOil OF F.P.P.A. ·s PROPOSED AMENDMENTS NO. I, NO. 4 AND NO. 5, AND AGAINST F.P.P.A. 'S PROPOSED AMENDMENTS NO. 2 AND NO. l . (ii) OONl'RACT Wl11I TEAGUE EQUIPMENI'COMPANY IN ntE AMOUNT OF 194,546.00, FOR 11E PURCHASE OF TIUO BUCICET TRUCKS . (iii) OONl'RACT Wffll TilANSWEST TRUCKS, INC . IN 11IE AMOUNT OF $40,314.00 FOR 11E PURalASI! OF A DUMP TRUCK. (iv) CONl1lACT Wffll TRANSWEST TRffl: INC. IN 11tE AMOOl"1I' OF $40,314.00 FOR 11E PURalASI! OF A -TRUCK . Molioa carried. Ayes: C-=il .._._. NIIIMlz, Gama, Bladlllaw, Hallcaiclll. w...--. Clapp. a.- Nays: ~ II ........ A..- (a) Approval a( 0. .. Tllelc -all addilioml ._ IUNliacd for appnMII OD .. raidia&-(See A.-11cm 10 • C-- Apda.) (b) Approval a( 0.-OIi SIIClllad A--. (i) COUNCIL BILL NO . 13, DffRODUCED BY COUNCIL Ml!MBl!ll HABENJOfl' . ' •, .. • • 0 - • • • • <. A. BD.L POR A.N OllDINA.NCE A.MENDING Tm.E 16, BY REPEALING 1111.E 16, OIA.PTER 4, SECTION 11, ENITl1.ED LA.NDSCA.PE OllDINA.NCE; ENA.Cl1NG A. NEW Tm.E 16, OIA.P1ER 5, SECTION 26, ENITl1.ED LA.NDSCA.PING STA.NDA.JtDS; A.ND A.MENDING 1Tl'LE 16, OIA.P1ER I, SECTION I, BY nm A.DDlTION OF SEVERAL DEPINfflONS, OF nm ENGLEWOOD MUNKIPA.L CODE 1915. ....,.: c.-:il ....._ Nlllllalz, G1m111. BnlMlw, 11111 It ....... a.,,. ... Naae v ......... ..,....ar1c-a••u• trt· (C) A.,-: ~ ....._ Nlllllalz. <llnlll. BnlMlw, 111 ·ck , ....... a.... ... Nays: Naae I I I . ' .. • • 0 ]- - • ,.. • " - ,, 11lae were., lddilioMI l'CIIDllllioa or acllicllll lllllmiaed tor appn,val . (See Apela hem 10 -CW Apela.) 12. Gmslll Nee I (a) Mayor's Clloice Mayol' .... did• IIIIYe.., ..... .., llrilta ldole c-:il. (II) (i) 13. a., ......... .... (a) Cily ....... S-Sdia:wed E -DOIi C..-Updllt. 14. a.,~ ..... (a) Cily MDrae, ...._..._.lira--...-. die GelUI o-t SeaJenimt COUNCILNDIWU IIOVD.AN9ffWASIK'ON9ltlt.10 . Ayes: C.-:ill ....._. Nlllllalz. o.na, ......_, Hlllcaic*, w ...... aiw.a... Nays: Nae 15. . • I . • ' .. • • 0 '32xl 0 1• -' ·--------~~:; -- I M~t1!A-, 9-3~----- ;z . ~ -/}~-- .?,. -;J//1/h;~;,,, ~ -= = J. !Uiclf-Jr ~--- 4. ;Ju_ (!Jjj : ------- ~ ~-- -~ --- ----- v -----_//~-v --------~ v--__ -v- --~----- ~ ~ te_. /Jo/'!t /~ ------- ' ~ -!JlN/lL------ ~?-[) - . . I· • ' - • • • -----~,,,_ • 0 -. . -------"'--- .. --------- --~ k;,M ~ _-tJrd: ~_k--_ -_ - --~ IJJ;JtdJ_ ------ ~ ~~ ~~ ~E-- ~Mll1u-rz-; ~~ I ;I,~~ --~~~ = ••• . -. , • • - 0 -. . . - • • I. . ' • • • ' • 0 I • - -~ -------------------. --·---------------"--------1 --- -- --. • -~ --- -- • I • • - ' • . . 0 •• - " . . •· • ' • • • • f ,,, -• )- 0 I • - vf:FbV-:..__-=========-----· --~ ~w·Md*°~~-. . • --_____________ ; , • I. . C • . ... ' ]- • • • 0 , .. -' ' -------___ .. -·· ------------ ~ ~------------,,; ~--------__.; _________ _.. .· ' . • . . . I. . 0 • 0 • .. • • • 0 , • ,~----~ ' ' . . 0 t• - - -------- : I . . • ' . ' • - 0 • . . • • C • ,. - ]- 0 • ' . . ' .. I· • C • " - . ' O t • - -_,_. --/-,/-.-,,_ ________ _ - ' • • • I • . . . ' • - • • • -,- 0 . • l = --= --~ ---~ . . . I. . • ,-~~--- ' . -. . 0 I• • ~--------(J)~~?i-~ - I. . 0 ' - - • • • ·, • .. .. May 18, 1998 Regular City Council Meeting . ' •. t• • .. 0