HomeMy WebLinkAbout1987-07-20 (Regular) Meeting Agendar • -
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REGULAR CITY C~Clt MEETING
JULY 20, 1987
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
Jul 15 1987 Retire~~ent Plin
INITIATED BY
ACTION PROPOSED ________ ~A~pp~r~o~ve~a~mo~t~i~on~r~e~sc~i~n~d~in~g~En~g~l~ew_o~o~d_M_u~n_i~ci~p~a_l_C~o~de
Title 3, Chapters 6A through 6E in entirety ind the pas sa ge of an ordinance
the Non-Ret ire~nt Plan to be codified into the
Englewood Mun icipal Code.
ApproxiMately t.a years pist, the Englewood Pension Board began working on a
plan which would bring the current pension plan into compliance with IRS reg -
ulitions, to refona~t the pension plan docu~nt into a more logically con -
struc ted and ca.prehensible instru nt, and to Make other •inor iMProve~ents
to the plan without unduly increasing the plan 's actuariilly unfunded
liability .
an:GIIIOIJAT 101
P nsion Board rec nds th attach d r tir n
h foll ing prov sions nto th curr n re ir -
y i ng
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A IDU. fat
• (R)~ aDI!'ALDI; OMP1'D 6 aiAP'DIItS a 'DRXDI 6B) c. T1'1U! 3,
~aiXlD J111ICDW. CXIZ 1985, UX:iiimC ltt:tiJuaBrr 1WDtM fat IIOIBBOIICY
!M'IDIIIBS, _, -.."'!'DG A -CliM'ftR 6 C. 'lTft.B 3, MiL81X0 1111ICIML CXIZ
1915, llft'n'LD> "Cl'ft C. MZaiXO,~IBBBCY IM'IDDI!S ltt:i'W Pf.MI _,
ftUB'l' AS WIAiBI &IS::.TlW .-uy 1, 1917. •
....-.u, foe ~Y a.o YMra, tlw lbJ~ JIWwicn aa.rd hM
been ....ttinq an a plat ..tU.c:h tGild bd.IWJ the JX"MBll "r 9BICJ' -.,1~
,..ian P1m into CDp].ia1ce with DS lWJilhticrw, to 8X'e lorJica11y aarwtruct
the plm foe clarity, and to llllla ott.r llinoc illp:cu au to the plat without
un4aly increMi.IWJ the plm'• ctuarially ~ 1illb1lity;
-· 1ildCUtiCE, BE IT~ BY 'DIE CITY CDII"tJ. C. 'DIE CITY C.
MXaiXI), <UnRMlO, naT:
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Introcb:led, read in full, lnd pu...s an fint reading an the 20th day of
July, 1987.
1'\mlished u a Bill feE-m CkdiMnoe an the 22nd day of July, 1987.
Atte.t:: ibj;ne t. otii, JilliU=
Pat.rldi H. &oW, City C18dt
I, Patricia H. craw, City Cler'k of the City of lh)l8111D0d, ~.
henby CK't.ify that the .,.,_ lnd fDnl)oing u • true aq~~y of a Bill feE-m orcun.nce, int.roclaced, r-.d in full, lnd piMMd an fint rMdinq an the 20th
dlly of July' 1987.
PatriCia 8. &oW
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em or....,..
ry 1. 1N7
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City of lnclevoo4 ftone.ercency Eaployeea Retirewent Plan
TABU OF COmJITS
ARTICLE I Purpoae . . . . . . . . . . . . ........
ARTICLE II Definitiou
1. ·-I 2. Definitiou
3. Coutruetion
AITICLI III "--berabip •••...•••.• I ••
1. lllplO)'III Oil JID-l"J 1, 1970 . •
AITICLI IV
AITICLI V
UTICLI VI
UTICLI VII
2. lllplO)'Itl lired &fur JtDury 1, 1970
3. Ter.iuttoa ••••.•• I ••
Credited lerYice ••. I ••
1. Credited SerYiee •••
2. Llaitatioa oa Credited SerYiee
3. Ired: in lerYtee .••
4. lffect of Otber PliDI
5. IUacellaaeo•
Contributiou . • I • • I
1 I "--ber COGtrtbuttou
2. City Coatributiou •
l~ Application of Forfeiture•
lettr...at Datea I I I I
1. Jlonul letir~t
2~ larly latlre.ent I
l~ D1layed letlr..-et
4 . Diaabfltty le tr t
S. Llaitatton on Dtatrl uttoa of
lattr t I n ftta •• I •••
lettr
1.
2 •
3.
•• 5.
t len fita •• I ••
Jlonaal or D layld letir
l arly letlr nt •
Dte ablllty I tr
Delayed letlr t
nul For. of Pa
Ac crued Cr ldha tad v
Ubi r tb Pr •loua Pl
P11e ftol
I-1
11-1
II-1
11 -1
II-4
III-1
III-1
Ill-1
III-2
IV-1
IV-1
IV-1
IV-1
IV -]
IV-4
V-1
V-1
V-1
V-1
VI -1
VI-1
Vt -1
Vl -1
VI -Z
Vl -l
VU -1
Vlt-1
VU -1 I VU -1 • • VIl -1
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City of En&levood ftoncaeracncy laployees letire~ent Plan
TABLE oF comms
(Continued}
ARTICLE VIII Optional For.. of Benefits •.••.•.......
1. General •..••••..•...•••••.
2. Qualified Joint and SurYiYor Benefit
J. lOOS Joint and SurYi•or Benefit Option
4. 50S Joint and SurYiYor Benefit Option
5. Fi•e (5) Year Certain and Life
Benefit Option • • • . •
6. Lifett.e Benefit Option
7 . Beneficiary . . • • • •
1. Mint.u. Monthly Par-ente
AITICLI IX Death Benefita ••.•.•••..•••
UTICLI X
1. Death of a fton•ested Me.ber Prior
to larly letir..ent Date . • • • •
2. Death of a Veatecl or Diaabled "-ber
Prior to larly lettr .. ent Date • • •
J. Death of an Acti•e, Vested or Disabled
Me.ber Betveen larly and ftoraal
letire.ent Dates • . • • • . • • . .
4. Death of an Act he Ma.ber Between
IOraal ADd Delayed letira.ent Datea
5. Death of a letired llellber or lueflciary
6. Pa~t of Death leDefita
7. Untfona St.ultaneou. Death Act ••..•
Se•eraace leDefita •
1, Co•eraae •••
2. Le11 tbaa Fh
3. Fhe (5) o r
(5) !ears of Cr edited SerYlc
r tears of Cred ited SerYiee .
AITI CLI Xl A
A fCL XII
Puc fto.
VHI-1
VHI-1
VIII-1
VIII-2
VIII-2
VIII-2
VIII-J
VIII-J
VIII-J
IX-1
IX-1
IX-1
IX -1
llt-2
llt-2
llt-3
IX -J
X-1
X-1
X-1
X-1
lU -1
XI -1
XJ -2
Xl -J
X ti -l
Xll -1 I lUl -l • • llt-1
XU -2
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XII
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AITI CL1 XI II
AITICLI XIV
AITICLI IV
AITICLI lYl
Ani CLI lYl I
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City of ID&leyoo4 fton..,r&CQCY laployeee letir18CQt Plan
tABU OF comtn'S
(Continued)
letlr-..nt lenefita aad li&bta Inalienable • . • • •
1. Inalienability
2 • laltruptcy ..............
ltocllfication or terwination of Plan
1. lzpectatloa ••••••
2. AIMTtiDt ••.•••
3. lpproYal lllllder tJaa lataraal lnenae Code
4. Dlacoattaa.Dce
5. terataatloa
6. Dlatrlbutioa •
leaeflt leatrlctiODa OD larly terwiaatioa
1. leatrictlODa oa Tveaty-ll•e (25)
U ..... t Paid ... loyHa
2. hiD tat of Plan • • • . • • •
Lillltatl... • •••••••••••••
1. l...,l.,._t of roraer IOD•eated "-~»era
Z. l...,l.,._t of loraer "-~»era
J. LillltatlOD of .... flta .
•. C...Ollutl• or lleraer
Nlacell Pro•talODa • • •
1. ll ta of n z. Ll•ltatloe of Liability
Puc fto.
XIII-1
XIII-1
XIII-1
XIV-1
XIV-1
XIV-1
ZIY-Z
XIV-Z
XIY-Z
XIV-Z
IY-1
IY-1
IY-4
IYI-1
IYI-1
IYI-1
IYI -Z
IYI-4
lYII -1
IYII-1
lYII -1
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ARTICLE I
Pvrpoee
Effective aa of January 1, 1917, the City Council of the City adopted the
amended and restated Plan, as set forth herein, to continue and replace the
Plan previously in effect. The Plan and letir-.ent Fund are intended to •eet
the requir~ents of Sections 40l(a) and 50l(a) of the Internal Revenue Code of
1954, as .. ended. The Plan previou.ly knOVD as the "City of !nalevood letire-
~t Plan" shall hereinafter be knOVD aa the "City of Enalevood Ron ... raency
z.ployeea letiraaent Plan.•
The Plan and the separate related letira.ent Fua4 fonaina a part hereof,
vere established and shall be .. intained for the exclusive benefit of the
eliaible t.ployees of the City and their leneficiariea. Ro part of the
letir~ent Fund can ever revert to the City except aa hereinafter provided, or
be uaed for or diverted to purpose• other than the exclu.ive benefit of tbe
t.ployeea of the City and their Beneficiaries .
Tbls ~d.cnt and restata.«nt of the Plan shall not, in any vay, affect
the rlahts of fo~r z.ptoyeea Wbo partlctpa ed tn aaid Plan and o elt er
retlr or ot ervtae tenalnated their lo prior to J ry 1, 19 7.
Th ria ta, any, of suc ro~r t.ploy es and or t tr a ftctart s an4
un a o f lr tlo t o
provtatona of t Pl a It r 31 ,
U earlter, o t t tr r tlr unaleu or lo nt, • cUt -
cally provtd d tor ot ervl h r t
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ARTICLE II
Definition•
Section 1. ftlac. The retire.ent inco.e plan aa aet forth in this
document shall be known aa the City of Enalevood ftonemercency Employees
Retirement Plan and Truat and ia hereinafter referred to aa the MPlan.M
Section 2. Definition•. Unleaa the context otherviae requirea, the
definitions and aeneral proYiaiona contained in thia Section ao•ern the
conatruction of thia re.ta ted Plan.
a . MAccrued BenefitM aeana the benefit deterained in a ccordance vith
Article VII hereof.
b. MAccuaul ated Cont ribution•~ eana the aua of the " er 'a
cont ributi on• to thia Plan, credited vith intereat thereon at the rate of
3.511: per annua.
c. "Actuarial (o r Actuarial ly) Equl•alent" aeana equality in Yalue
of the aaareaate aaounta expected to be receiYed under different foraa of
payaent baaed on intereat rate and aortality aaauaptlona aa defined below
unleaa otherviae specifically proYided in the Plan:
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Effect he
each
1, 1 a , the
x rate that la
u ty Ta 1 ,
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e. ..Board .. or "Retirement Board" Ileana the Board appointed by the
City Council and charaed with the aeneral administration of the Plan as
set forth in Section 1 of Article XI hereof.
f. ''City" •eans the City of Enalewood, State of Colorado.
&· .. City Council" means t .he City Council of the City .
h. "Code" •eans the Internal Revenue Code of 1954, as -ended from
ti•e to time.
i. "C011penaation .. means the total cash remuneration paid to an
Employee for a calendar year by the City for personal services as reported
on the Employee's income tax withholdin& statement or statements
(Form W-2, or ita subsequent equivalent), includin& lonaevity pay and
excludin& bonuses, e~tra pay, compensation ti11e, ove rti•e, lump-sum pay-
•enta in lieu of ac crued vacation tills, sick leave, or personal leave,
worker's compensation and any contribution by the City under this Plan, or
the like, but includin& any compensation that the !aployee has elected to
have deferred under Section 457 of the Internal Revenue Code.
j. "C redited Service" aeana the period o f Service rendered by an
Employee as a "ember for which credit h allowed.
k. "Disability" •eana a physical or •ental condition which entitles
the "ember to receive a disability income under the lona-term disability
insurance contract ~~&intained by the City.
1. "E ffe c tive Date of this Plan" .. ana January 1, 1970. This
restated Plan is effective as of January 1, 1 87.
•· "tllployee" means any eraon loy d by the City on a penaanent,
rull-ti asia as defined in th City Personnel Policy and Procedures.
For the purposes of this retlr nt plan, police officers, paid
fir fl&htera and elected o ficlala shall not e considered to be Employ s.
" x pt ployee" ~~eana an loy e havl one of the follovlna
as de lned by City P raonn•l Pollclea and Procedurea: City
r, Assistant C!ty "anaaer , any H ad, ictpal Court
City A torn '1, and AISiatant Ct y.
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p. "Insurance Company" means any insurance c011pany or companies
appointed by the City Council for lona-tera disability co•eraae, or aa
provided in Section 3 of Article XII hereof.
q. "Lea•e of Absence" aeana any absence authorized by the Eaployer
under such laployer•a standard personnel practlcea, pro•lded that all
persona under alailar clrcuaatancea auat be treated alike ln the aranting
of such Leave of Absence, and provided further that the laployee returns
or retlrea vlthln the period apeclfled in the authorized Leave of Absence.
r. ~eaber" aeana any person included in the aeaberahip of this Plan
aa provided in Article III hereof.
a. "loraal Retirement Aae" aeana aae aizty-five (65).
t. "loraal letireaent Date" aeana the flrat day of the calendar aonth
eolneldent vith or nezt follovina the aizty-fifth (65th) birthday of the
"eaber.
u. "Plan" aeana City of ln&levood loneaeraency !aployeea letireaent
Plan, aa aaended fr011 tiu to tiae.
v. "Plan AdaJniatrator" aeana the letireaent Board of the City.
v . "Plan !ear• aeana the calendar year atartina January 1 and endln&
Deeeaber 31.
a. "'Prevloua Plan" aeaaa the City of laalawood letlraa&Dt Plan
(tncludin& any pradeceaaor plan(a) thereto) in force &Dd effect for the
period prlor to January 1, 1917, the Plan hereby betna ..aDded and
reatated. Any reference herein to the Prevtoua Plan ae of a certain date
or for a cert ain period shall be deaa.d a reference to tha Prevtoua Plan
aa than in affact.
y. "let l red bar" aaana a foraar er oaa loyw~«nt urainatad
by reaaon o f retir nt or Dlaabt ltty and Vbo Ia recatvtna or Ia entitled
to receive, or vboae Baneftctery or eata e ta entitled to ncetv ,
benefits under thia Plan.
z. " etlr t I
provtd d tor ln Artl cl
aa.
on ra
ti to
ploy
d aert
flt~ or "Pen.ton" a ana any ltttr
Vll h r ot .
•a p rtod or
lllty or t
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cc. "Truatee" ••ana any qualified and actina Truatee appointed by
the City Council aa Raaed Fiduciary for the inveat•ent and .anaae.ent of
Plan aaaeta, aa provided in Article XII hereof.
dd. "Veated Meaber" -ana a fo~Wer .._ber vboae Credited Se"ice baa
ter.inated b7 reaaon other tbaD retir...nt or Diaability and Who ia
entitled to receive, or wboae laDaficiary or eatate ia entitled to
receive, banefita uader thia Plan. 1 Veatad .._ber ahall beca.e a Retired
"•bar upon the actual c-c-t of benefit pa~ta • .
Section 3. Cogatructln. 'lha ... cullna &aDder, where appearina in the
Plan, ahall be de.-.4 to include the f .. inine aander and vorda uaed in the
ainaular ahall include the plural unleaa the context clearly indlcatea to the
contrary. Worda auch aa "hereof," "herein," and "hereunder," ahall refer to
the entire Plan, not to any particular provialon or aactlon. 'ftla Plan and
Truat aball each for. a part of the other b7 reference and te~ aball be uaed
therein interchaa&eably.
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ARTICLE III
Membenhip
Section 1. Eaployeea on January 1. 1970. Every peraon vho vaa an
Employee of the City on January 1, 1970 could becoae a Meaber in the Plan on
such date by properly filina vith the letireaen~ Board, on or before such
date, the fora of aeaberahip aareeaent furniahed for that purpoae. Any auch
peraon vho did not file the fora of acaberahip aareeaent on or before auch
date .. y thereafter file auc:h aeabenhip aaree~~ent and becoae a "CIIber on the
firat day of any aubaequent aonth; but in auch event, auch "caber ahall not be
aiven Credited Service for any period of e~~ployaent prior to the date he
bee ... a "CIIber of the Plan .
Section 2. laployee• Hired After January 1, 1970. For each Employee
hired after January 1, 1970, aeaber1hip in the Plan ahall be a condition of
caployaent and each Employee ahall becoae a "caber on the date of eaployaent.
Such Eaployee ahall be required to coaplete the fora of aeaberahip aareeaent
at the tiae of caployaent, election or appointaent, except aa follova:
a. Tbe City Council .. y, by ordinance, eatabliah optional penaion or
deferred coapenaatlon plana for IX.-pt laployeea . Upon eatabliahaent of
any auch optional plan(a), an a. .. pt laploycc .. Y at hla option elect to
coae wi thin the proviaiona of auch plan; provided, however, that an !x pt
ployce aay not concurrently be a "'-bar of aore than one (1) retircacnt
l an t o vbl ch th City ia aakina contribution• on hie behalf durin& hie
loyacnt by the City. In the event that any aald xeapt Employee of the
City , o la preaent ly a " .. bar of th Plan, clecta to c vithln th
rovlatona of any otb r rettr nt plan ata llabed y tb Ci y Council
nd t d d all o r in art by tb City, ba aball bava th op ton to co
a V a d " r or the Plan (reaardl 11 of vh th r or not h baa c plet 4
lv (5) ycara of Cr dited Service) or to vithdrav froa the Plan the
nt c alcul a dun r Sect ion 2 o Article X her of.
b. Ex t ploy • of tb City o are " ra of th Plan all,
itbln alx (6) aontha roa the lnatttutlon of any o ptloDil plan(a ) y th
City CouncU, lett tb r a • er o any optional
1 (a). Said el ctlon to tb n pl or to r in a
r of t Plan abtll
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c. Those Eaployees vbo aay becoae Exeapt Eaployees by pro•otion or
appoint.ent or otherwise, shall hsYe sixty (60) days froa the effective
date of their appoint•ent in said Exe.pt position in which to elect either
to reaain in or to becoae a •eaber of one or any ~ther optional plan. The
election to becoae a •eaber of another plan shall be irrevocable.
d. City Council has previously desianated the International City
"-naaeaent Association Retir .. ent Corporation Deferred Coapeneation Plan
("ICMA Plan") Which is established under Section 457 of the Internal
Revenue Code u an optional plan to which the City vould aake
contributions on behalf of lxa.pt J.ployees vbo elect this eption.
Section 3. temiytlQD. lla.berahip of any Ma.ber shall teminete if and
vben he shall ceaae to be an Z.,loyee for any reaaon, except as provided in
Section 3 of Article IV hereof •
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ARtiCLE IV
Credited Service
Section 1. Credited Seryice. Credited Service ahall be uaed to deter.ine
a Meaber'a Accrued Benefit and ell&ibility for benefit• under the Plan. A
Member'• Credited Service la the elapaed tt.e pe~iod froa hia date of
eaployaent vith the City, aa an laployee, to hia date of termination or auch
eaplo~t, ezcept •• provided below.
Section 2. Liaitation on Crlditld Seryice.
a. Ro period of Credited Service ahall be deeaed to be increaaed or
eztended by overtiae.
b. Credited Service ahall not include any period of tiae durina
which tha Meaber ia on an approved Leave of Abaence or interruption of
Servica aa provided in Section l of Articla IV hereof.
c . Perioda of eaplo~t vith the City prior to the date the
laployaa bee ... a Reaber aball not be included aa Credited Service unleaa
the laployee elected to beca.e a Reaber of the Plan on January 1, 1970
purauant to Section 1 of Article III hereof .
d . Credited Service aball not include any period on tbe bula of
which a letlreaeat leneflt ia payable UDder any other defined beaefit
retireaent or penaion p l an to Vbich the City aade contributiOD8, other
than benefit• payable UDder the Federal Social Se cu rity Act o r the
VolUDteer F l refi&btera• Peoaion Fund.
e. Credited Service aball not include any period o f ti .. for whi ch
the City contribute• on behalf of an 1% pt laployee to tbe lONl Plan or
any other optiona l deferred co.penaation plan In lieu of thia Plan, aa
provid d ln Section 2 of Article Ill hereof.
f. Credh ed I rvica •
cenala.tl a for lu.p-eu. pe
or p reonal laa v •
S teton 3.
11 not b eat
u in 11 u o
yond • b r • a dtt o
vte t tion, etek 1 av
A Rlaber ahall incur a lrea In s rvlc
11 Servtc •• tn loy t ralnat 1 and be do 1 not return o S rvlca 11
loy vithln tv lv (lJ) ntba of tba d t t eueh S rvtca teratnat d.
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The Retir .. ent Board ahall haYe the power to deter.ine when a Break in Service
ahall haYe occurred, an4 auch deter.ination &hall be .. de in a nondiacriai-
natory IU.IIIler.
The followina ahall not be conaidered a Break in SerYice:
a. A t~rary lay-off beeauae of an illneaa or for purpoaea of
econa.y, auapenaion, or di .. iaaal, followed by death, or relnatate.ent,
re .. ployaent or reappoint8ent within one (1) year.
b. A for.al LeaYe of Abaenee, duly approYed by the City "-na&er for
a apecifie period, followed by death or by reinatat .. ent, re .. ployaent or
reappointaent within thirty (30) daya after ter.ination of the LeaYe of
Abaence.
e. Any Zaployee or any Neaber Vbo ia on a LeaYe of Abaenee on
account of enterina into the ailitary aerYice of the United State&
(includina aerYica in the United State& "-rchant Karina in tiae of war )
ahall, in the abaenee of reaaonabla juatification for additional delay,
retun to the SerYiee of the City withia ninety (90) daya after the tiae
Vben a diaeharaa froa auch ailitary aarYiee waa firat aYailable to auch
lllployae. Ia the nent that a llaaber or lllployae doea not ratun to the
SerYica of the City withill the tlaa apacifled aboYe, each Lea•• of Abaenc e
&hall be eonaidared a Break in SerYice.
d . The period durina any LeaYe of Abaen ce or interruptioa of SerYice
ahall DOt hovner, be included in Credited SerYice.
After J anuary 1, 1917, if any foraer .._her (Yea ted or noa•eated ) retuma
to SerYice aa an laployee within fi•e (!) yeara after hie data of teraination,
or if a fo raer Veated "-aber return. to lerYice aa an lllployee after auch fi•
(S) yeara but v itboat reeeiYiDI .., alnale-aua payaeet her&UDder, th
app lica ble prior Cred ited SerYica aball reatored. Othervta auch prior
Cr 1tt4 I rtlee --.11
of thla S etloo l. If auch r lre4 o had r tum to S rtlce aa
loyee within fl•• (S) yea re after the d a te ot terainatloa, bad r eel•ed
• •• 11 -•-t ta 11 u of le lr t I flta, an a etuarlel r etlon
ell be ... ta htl lettr t afltt UDd r Seetloa 1 of Arttel XVI b r of
l •• h r r• t FuDd vltbla t ty-tour (21) tha of r Jre, • b
z ,,,
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single-sum amount, with interest at the rate deter.ined under Section 2(c)(2)
of Article II hereof (interest rate assuaption for sinale-sua pa,.ents) fro•
the date the M .. ber received the psyaent to the date of repsyaent.
Meabers of the Plan as of January 1, 1917, wbo vere previously covered by
the Plan but, due to a prior teraination of .. ployaent, received such a
sinale-sua payaent, and were then re .. ployed by the City reaardless of the
tiae that expired between their teraination date and re .. ployaent date, shall
have until July 1, 1919, in order to elect to repay such sinale-sua aaount and
thereby avoid such actuarial reduction. The aaount to be repaid shall be
calculated as set forth and aust be repaid by July 1, 1919.
Any foraer nonvested !aployee wbo returns to Service as an laployee aore
than five (5) years after hie date of tenaination and wbo is a Meaber of the
Plan as of January 1, 1917, shall have until Sept .. ber 30, 1917 to a&ke
written application to the letireaent Board to have his prior Credited
Service, if any, restored. The letireaent loerd shall revi-such application
and shall deteralne on a nondiscriainatory basis, whether such prior Credit d
Service shall be restored, and shall infora the Meaber of its deterainatlon by
Dec bar 31, 1917.
Section 4. ICftct o( Othe r Plapa. Credited Service shall not include any
period on the basis ot wbich a letireaeftt lent it is payable under any othtr
defin d fit r tir or p ion pl to ich the City .ad
contri uti s, otbtt ban n fits r 4 ral octal urlty
Ac or th Volunt er Flr fl&h rs• P Cr edit S rvtu lbaU ot
include any p rtod o tt ror lcb t City c ntrt ut s on alr or
ploy o th Plan or say o r op t nal d r rr d c
pl to U v o ta Pl , u provtd ta I .tt 2 or Arttcl Ill
IV ·
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Section 5. Miacellaneoua. Ro period of Credited Service ahall be de .. ed
to be increaaed by overti•e. A year of Credited Service aball be aiven for
each three hundred alKty-five (365) day period, beainnina with the firat day
of eaplo,aent, which elapaea while the z.p107ee ia eatitled to Service Credit
under the above proviaiona of Article IV hereof •
IV
Z50pall
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AitiCLE V
Contributiont
Section 1. ncabcr ContributiOQI. lffectiYe January 1, 1976, no neaber
vill be required or peraitted to contribute to the Plan.
Section 2. CitY Contributiont. The City will, fro. tiae to tiae and at
leaat annually, aake contribution& to the Truat Fund to the eztent neceaaary
to finance the benefit• proYided by the Plan on a aound actuarial baaia. The
City ezpecta to continue auch contribution& to the Plan, but aaau.ea no
reaponaibility to do ao and reaerYea the ri&ht to auapend or to reduce
contribution& at any tiac.
Section 3 . Application of Forfeiture•. Any aaount forfeited bacauae of
the teraination of c.ployaent of a ncabcr prior to hia haYin& acquired a fully
Yelted ri&ht to letireaent lenefita, beceuae of the death of any ncaber, or
for any other reaaon, ahall not be applied to increaae the benefit• Vbich
would othlrvhe be payable to any other lllabcr. The aaounu 10 forfctted
ahal l be applied •• a oon &I poaaible t o reduc e the con tributiODI required t o
be aade by the City .
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ARTICLI VI
letlrcacnt Datea
Section 1. RoCIIl letircacnt. All peraanent, full-tiae Z.ployeea of the
City ahall beco.e one hundred percent (lOOX) •eated upon attainaent of their
Rormal letir .. ent A&e and .. Y retire at any tiae'thereafter.
The effectiYe date of retireaent under the proYiaiona above aball be the
firat day of the firat aontb followinc tba aontb in which auch Employee
actually retirea froa the eaplo~t of the City.
Section 2. Early letlrla«Qt.
(a ) lecular larlx lttlriiCQt: A Meaber or Veated Me.ber wh o ha a
a ttelned the aa• of fifty-fi•• (55 ) y t ara and baa c oapleted at leaat five
(5) yeara of Credited ler.ica .. Y elect to retire UDder leaular larly
latir...at ADd have benefit pa~ta c~ce •• of the firat day of any
c aliDdar .aetb, which abell not be leaa than thirty (lO ) no r aora than
n inety (90) daya after the filiac of written notification with the
le t ire.ent Board .
(b ) Sptcial Early lttiriiCQt : A M .. ber abe l l be e li&ibl e f or
Spec ia l larly letir...at 11 of the firat day o f any caliDdar aonth if hta
eaplo~t ter.inatea after be bet attained the aae o f f i fty -fiYe (55) and
tbe aua o f hia aae plua hia Cr ed ited Se r.i c e a t te r.l na t l on equa la
et a bty-ei&ht (II ) o r ao re .
Such • "--bar .,Y ele ct Spec ia l l arl y l et tr--.nt upon the fllinc of
vrt t tea no t ifica t i on with tbe lettr .... t loer d not leaa than th i rty (lO)
nor aore than ntnetY (90) daya pr ior to t h e da te benefit pa y.enta a re to
C ce.
alxty-flftb (65th) birthday aball b fully • eted tn tb b n flta earned prior
o eucb date and ahall b elllibl o r tit under tbe Plan. Row • r, any
r llalbl for noraal retlr t .,Y elect to d lay hie retlr t da
ae p nat ted by th City Peraoae 1 Pollet • and Procadur •· Kle delay d
r tir t det ehlll b tb lret day of tb aonth, colncld t vttb or n x
oll t da ta of Ia act 1 retlr t , AI a condition t to
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continuance in employaent beyond the Ror.al Retirement Date, the Member shall
file with the Retireaent Board the written deaianation of a Beneficiary,
whether or not the Meaber elects an optional benefit in accordance with
Article VIII hereof.
Section 4 . Ditabilitv Retircacnt. Any Meaber vbo is disabled pursuant to
Section 2(k) of Article II hereof shall qualify for Ditability retireaent a1
provided herein. Payaent of a Disability Retire.ent Benefit shall co .. enee on
the first day of the aonth next followina his Roraal Retire.ent Date. The
last payaent shall be aade a1 of the first day of the •onth in which the death
o f the Retired Meaber occur• or hil Disability ceaae1, vhiche•er first
occu rs . If Ditability c ea••• on or after the M .. ber 'a Rorael letir .. ent Date
and he doe1 not return to full -tt.e e.ployaent with the City, hi1 Ditebility
Retir .. ent Benefit shall be continued in the , ... aanner a1 if hit Ditability
had con tinued .
lf the Retired Meaber 'a Disability cea1e1 prior to his lorael letira.ent
Da te and he is not re-.ployed by the City , and lf he had ••t the requlre.enta
for an early or deferred •eated letir-..nt Benefit on the date of his
retir...nt fro. Disability, he shall be entitled to recel•e, c~cina on the
fir•t day of the aonth nea t followtna his lorael letira.ent Date , a Retir .. ent
Benefit equal t o tbe ear l y or deferred •eated letlr nt Benefit to vhieb he
ould ha• been ntitled, •• of th dati or bla dlaabl t . Sueb latlr nt
B naflt to be calculated shall e onaldar the Cr dlt 4 S rYi c be would hue
r e al•ed 4urtna tb peri od o f hla Dlaab111ty.
e ne n of b1a arly or d Cerr 4 •••t 4 latlr
Ctra day ot tb nth n xt oll ina bla tfty-rtrt
o t Clra day or any au b ieh pr
no :t•
requ au tb
n B n Cit a e of tb
(5 5th) blrtbday, or aa
I btl or.al I Ur n I • •
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Date, his Retirement Benefit shall co .. ence aa of the beainnina of the month
so requested, but the amount thereof shall be reduced in accordance vith
Section 2 of Article VII hereof baaed on the nu.ber of years by which the
startina date of the Retire.ent Benefit pa~enta precede the Meaber•a lormal
Retireaent Date.
If Disability ceases before a Retired Me.ber attains his loraal Retirement
Date and the Meaber ia reeaployed by the City, the Retirement Benefit payable
upon hia subsequent retireaent shall be deterained in accordance vith the
provisions of Section 1 of Article VII hereof includina Credited SerYice for
the period that he vaa disabled.
lotvithatandin& any other provision of this Section, no M .. ber shall
qualify for a Disability Retir .. ent Benefit if the Board deterainea that his
disability reaulta !roe an addiction to narcotics or hallucinoaenic druaa, an
injury suffered while enaaaed in a felonious or criainal act or enterprise, or
aer.ice in the Araed Forces of the Oftited States which entitles the Meaber to
a v teran'a disability pension.
Dlaablllty under the Plan thell be considered total and penaanent if it ia
det rained by th Board that tht Neaber it ell&lble and recaivtna dltabllity
b n fltt fr oe h lona-tera dlaeblltty insurance contract .. tntatned by the
City.
ot .. bUhy
t lr t Oa
I tl
r t le Pl
t l
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11
co lid r d it, prior to ble nul
r le o 1 r lt a t 1 or n fltl froe th lona -
lntaln d y the City.
tbh Pl , dhtribu o flu
l tt r c A rtl 1 o e e l e r y r
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followina the later of the calendar year in which the Me.ber attaina aae
seventy and one-half (70 1/2) or the calendar year in which the Me.ber
retires, unleaa an exe.ption to Internal levenue Code Section 40l(a)(9) ia
aranted by Federal Statute or leaulationa for aovern.ent plana.
VI
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ARTICLE VII
letire.ent Benefita
Section 1. fton~al or Delayed letircaent. Upon retirement at or after hia
ftormal Retirement Date, each Retired Member ahall receive a •onthly Retirement
Benefit equal to one and one half percent (1 l/2X) of the Member's Final
Averaae Monthly Ca.penaation •ultiplied by the total nu.ber of yeara
(includin& fractional yeara) of the M .. ber'a Credited Service.
Section 2. larlx letir~~~pt.
(a) leaular larly letir~~ept: A MC8ber or Vetted Ma.ber, eliaible
for leaular larly letir...nt ADd retirina prior to hie Jor.al letirC8ent
Date, ahall be entitled to a reduced letir .. ent Benefit vbich ahall be hi a
Acc rued Benefit on hia leauler larly letir .. ent date, reduc ed by one
f ourth of one percent (.25X) for each .onth by vbich the pay.ent co.aencea
prior to the firat of the .onth follovina hia ftor.al letirC8ent Date.
(b ) Special larly letirlllpt: A " .. ber vbo •eeta the requir .. enta
f o r Special larly letir .. ent ahall receive a .onthly ~.aunt ca.puted aa
f o r a ftor.al letira.ent Benefit conaiderina hia Credited Service to the
date of hla actual letira.ent, payable without reduction for early
c -ca.ent.
Se c ti on 3 . Diaabilitx letirlllpt. A "-aber wh o .. eta the requirC8enta
f or a Dlaability letir..ant Benefit aa a reeu lt o f r ec et vtna pa,.ente fra. the
City'e lo na -te~ dieabil i ty inauranc e c oetrac t lhal l r eceiv a .onthly ~.aun t
co.. nc ina on the fire t day o f the .onth n .. t f ollov t na hla J o r.a l Re tirement
Date and co.puted •• for a nor.al r e t ir tnt und e r Section 1 of Article VII
h r of, conatdertna hie Fl~al Aver eae nthly C p naatl a th d a t of hie
nt froa Ole a blllty and Credit d S rvice for th rl h r ceh
lo -te~ dlaa billty b n ftta froa tb Clty'e 1 n -t ~ dleablllty tneuranc
con rae •
cttoa •· r r tlrl I'UD411CIIHtlt to hla
1 I tr Oa t aha ll r catv bly c
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under Section 1 of Article VII hereof conaiderina hia Final Averaae "onthly
Compenaatlon at the date of hia actual retireaent and the Credited SerYi c e he
accuaulated to the date of hia actual retireaent.
Section 5. ftoraal Fora of PaywiQt. Unleaa optional benefita have been
elected purauant to Article VIII hereof, the baalc .onthly letir..ent Benefit,
computed aa aat forth above, ahall be a ten year certain and life benefit.
Such benefit ahall be in equal .onthly payaenta co.aencina on the firat day of
the month next followina the retireaent date, and continuina at .onthly
intervale for a period of one hundred nineteen (119) additional .ontha and for
the letired Reaber'a llfetlae thereafter. The laat benefit payaent ahall be
aade on the firat day of the .onth of the letired Meaber'a death, unleaa
payaenu have been aade for fever than one hundred twenty (120) .ontha, in
vbich event payaenta ahall be continued to the naaed Beneficiary, ceaaina vben
an aaareaate of one hundred twenty (120) aonthly payaenta have been aade to
the letired Reaber and hia Beneficiary. If the letlred Meaber ia aarried at
tha tiaa benaflta ara to co.aence, the apouaal conaent requireaenta of
Section 1 of Arti cle VIII hereof auat be aat before payaanta under thia
Section coaaence.
In th event that no I neflclary la llvlna a t the death of auch latired
" r, tb Actuarial lqulvalant value of tha aonthly lnat a llaanta for the
of cera c rtaln will cOJPut d an4 patd ln one 1 to th altlt e
o f t r . 1f a U1 d ath of tb laa a\lrvlvl
d e th of th latlr ar, .onthly tn• all• nta • no yet
ra c rttln, t Actuarl•l lqutval n
In for t bel of t e t ra c rta ln Ill c put a paid ln
0 • to tt of la t lurvhlQ& fl try .
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Aa pro•ided by Section 2 of Article XVI hereof, Retir .. ent Benefita aay be
auapended for a Retired N .. ber durina • period of .. ployaent aubaequent to hie
actual retira.ent date durina which he ia rehired and recei•ina Ca.penaation
•• an &.ployee of the City, Monthly payaenta ahall c~ence and be deterained
purauant to auch Section 2 of Article XVI hereof.
Section 6. Accryld Credita an4 Ye•tt4 IIQefita UD4ar the Prtyloua Plan
Prcaeryld. The reatat .. ent of the Pre•ioue Plan by thia Plan ahall not
operate to exclude, diainiah, liait or reatrict the pe,aent or continuation of
pa,aent of benefiu accrued •• of Daclllbar 31, 1916. The -•t of each
Pre•ioua Plan beneflta, if &QJ, in the courae of peJaeDt by the Truatee under
aaid Pre•loua Plan, to any peraon on Dec .. ber ll, 1916, ahall be continued by
the Truatee UDder the Truat A&re .. ent foralna a pert of thla Plan, in the ....
aanner, undiainiahed, preae~ed, and fully •••ted under thia Plan.
The eliaibility for, and eaount of, IQJ benefit of any kind, payable
coaaencina after Deceabar ll, 1916 under thia Plan to or for 1QJ peraon vho
vaa a aeabar of the Pre•ioua Plea and vho bee ... a N-.ber of thia reatated
Plan aa of Jeauary 1, 1917, ahall be deterained under the pro•iaiona of thie
Plea.
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ARTICLE VIII
Optional Fora• of Benefit•
Section 1. General. Subject to aucb uniform rulea and reaulationa aa the
Retirement Board aay preacribe and the reatrictiona contained in thia Article
VIII hereof, a "caber or Veated "ember aay, in l~eu of the baaic Retirement
Benefit• provided in Article VII hereof, elect one of the follovina forae of
Retircaent Benefita which ahall be the Actuarial Equivalent of the benefit to
which he would otherviae be entitled. The "eaber or Veated "caber auat take
any election of en optional benefit in vritina, end auch election auat be
filed with tha letireaent Board at leaat thirty (JO) daya prior to the due
date of the firat peyaent of Retireaent Benefita under the Plan. The election
of an optt.on aey be chanaed at any tiae prior to thirty (JO) deya precedin&
the due date of the firat payaent of letireaent Benefita under the Plan.
However, en optional fora of payaent aey not be elected unleaa the value of
the ptyaenta expected to be paid to the Neaber e~ceeda fifty percent (501) of
the value of the total benefltl to be paid under auch optional fora.
Section 2. OualiCit4 Joint an4 Syryiyor IIQtfit Ootion. Tht Qualified
Joint and Survivor ltntCit option providtl an adjuated aonthly lttireaent
Bcnfit payacnt durin& the Retired Neabtr'a life; and the apouat (to whoa the
" btr VII rrt d vh n hit lttlreaent lrnefit coaaene d), tt eurvtvtna at the
r't d ltb, thtll r ctlv thtr tfter tor lttt a aonthly I tlr D 8 n (l
o f fl ft'1 p rc (SOl ) of ttl tdjuettd aonthl'1 unt pateS to th r .
Withln I r uontbl iae b tor th .. r't letlr nt 8 n rt
c ftC " date h r un4 r. h I tlr o ard lhlll provtd t o tbt .. r
I rHt n D of th ttru lAd coodltl nl of the Out lltt Jotnt end
J 0 I 0 VIJI-1
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Fifty Percent (SOX) Survivor Benefit aet forth herein and the effect of
refuaina it. If on or after January 1, 1987, the Employee wiahea to elect a
form of pay.ent other than the Qualified Joint and Survivor Benefit (described
in this Article), auch election will not becoae effective unless hia spouse
(if he has a spouse vbo can be located) consents in vritina to such election,
acknowledae• the effect of such election and has such consent and
acknovledaaent vitneaaed by a Plan representative or a notary public. A
properly coapleted benefit election fora (furnished by the Retir .. ent Board)
must be returned to the Retir .. ent Board within ninety (90) daya prior to the
"eaber'a benefit c~enceaent date. If the "eaber files another election fora
after the earlier fora and prior to hie benefit c~enceaent date, the earlier
form shall be annulled.
Section 3. 1001 Joint 1D4 Syryiyor lcDeflt OptlOQ. The lOOK Joint and
Survivor lanefit option provides adjusted 80ntbly letir...at Banefit pe~nta
durin& the Retired "--ber'a life, and upon hia death after retir...at,
c ontinues pa,.anta in the aaae ..aunt to a deeianated laneft c iary durtna the
l ife o f auch lenafl c iary .
Secti on a . 501 Jo int ag4 Syryiyor ltpafit Opti on . The 50& Jo int and
Surv ivor I ef tt opti on p r ovtdea reduc ed 80D t h l y le tireaent Bene fit pay.enta
durtna tb ettre4 . r'a li fe , and, upon hia de a th a fter retir tnt ,
conttnu a pa ,..nt tn t tua l to on •ha lt (1/2) or th un · or aucb
r uc d pa ta to a d al I fltl a ry duri t llfe of aucb
1 nettet a ry . Pa ahall eonttnu d to th dtal&ntt d Ben flclary for
ur
S eclo
f a r c r atn
a o 121
Ll fl optt n provtd
VUJ -Z
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nthly ttir nt
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Benefit payments durin& the Retired Member's life, and upon his death after
retirement within the sixty (60) month period, payments shall be continued to
the deaicnated Beneficiary for the balance of the sixty (60) month period.
Section 6. Lifetime Benefit OPtion. The Lifetime Benefit option provides
increased monthly Retirement Benefit pa~enta durina the Retired Member's life
vith no continuations of pa~ent after his death.
Section 7. Beneficiary. The Member or Vested Member may deaicnate in
vritin& as his Beneficiary, his spouse or any of his children, either natural
or adopted, parents, brothers or staters. If on or after January 1, 1987, a
aarried Member or Vested Member wishes to destanate aa.eone other than his
spouse to be a prtaary Beneficiary (or vtabea to continue, after January 1,
1987, such a deatanation aade prior to January 1, 1987), such desianation will
not beca.e (or continue) effective unless his spouse (if his spouse can be
located) consents in vritina to such destanstion, acknovledaea tbe effect of
such deaicnation and baa such consent and acknovled,aent vitneaaed by a Plan
representative or a notary public. Such deaianation shall be aade in vritina
upon a fora provided by the letir..aDt loard end shall be filed vith the
Retir .. ent loard. The last such deaianation filed vith the letira..nt loa rd
ahall control. If the desianated Beneficiary dies prior to the due dat of
the f rat paya nt of I tiremen len fita under the Plan end no nev I flelary
has b en 4 etanat 4, I tlr ent I tttu ahall b paid •• tho .h no o p a l
n fit had b en el c t , aa provl<t tn S ctlon S o r Ar t el ll I f
no en•fi c lary la d aianat d by th r 'a apou 1 al l
d d th 4 alene 4 nefl c tary .
Se c tion 1 .
M r, V~tt M r or
2 0 tU
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I nthly n fit t o
tltl und r t Pl
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ARTICLE IX
Death Benefita
Section 1. Death of 1 ftonyeated Melber Prior to Early letire.ent Date.
In the event a nonveated ft,.ber of the Plan diea prior to hia early retireaent
date, there ahall be paid to the Beneficiary deaianated by hi•, if aaid
Beneficiary ia livina, otherviae to the Meaber•a eatate, the .. ount of hia
Accuaulated Contributiona 11 of hia date of death plua two percent (2X) of the
Co.penaat ion received by hi• aubaequcnt to Dec .. ber 31, 1975 and prior to
January 1, 1913.
Section 2. Death of e Veatt4 or Diaablt4 Ml8ber Prior to Early letire•ent
DAlJ. If an active Veated M .. ber or diaabled Ke.ber diea after co.pletina
five (5) or .ore yeara of Service, the aurvivina apouae ahell receive fifty
percent (50S) of the M .. ber'a Ac crued Benefit for one hundred twenty (120) •
.onthl certain and life thereafter. If the M-.ber ia not aurvived by a
apouae, hia dealanated Beneficiary aball receive fifty percent (50X) of the
"'-ber'a .onthly Accrued Benefit for one hundred tventy {120) ~the certain,
or lf earlier, until the death of the lenefictery. Tbe pa~t to the
aurvtvtq apouaa or dealanated lcnefictary wi ll c-.nce on the firat dey of
the .onth follovlna th date of the ftlaber'a deeth, or if later, the date the
" er ould have attain aa• flfty-ftva (55 ).
I c i on
Ia t •• " r o r
dtea 1 b equ t to bh arty dat and
prior e Ill Dt Data, tb foll b at <I :
apo • fifty p re " ar prior • Uh lhlll to
• •• ly A C nl I • •
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the spouse for one hundred twenty (120) months certain and life there-
after. However, if the apouae is more than five (5) years younaer than
the Meaber, the monthly benefits will be reduced by one and one-half
percent (1.5X) for each year that their difference in aaea exceed five (5)
yean.
b. If the Meaber is not aurvivad by a apouae, a death benefit equal
to fifty percent (50X) of the aonthly Accrued Benefit of the Meaber at
death shall be paid to the Beneficiary deaianated by the Meaber for a
period of one hundred twenty (120) aontha. Jf the Meaber ia not survived
by a deaianated Beneficiary, the one hundred twenty (120) aonthly payaenta
shall be coaputed and paid in a ainale aua to the Meaber'a estate.
Section 4. Death of an Actiye Melber letyeen Boraal and Delayt4
Retire~cnt Datta, In the event a Meaber continues in City aaployaant after
hia Boraal letireaent Date and diea before actually retirina, than he shall be
dcaaed to have retired on the first day of the calendar aonth in Vblch he
diea. If no other fora of payacnt haa been elected, the Meaber'a aonthly
Accrued Benefit ahall be paid to hia Beneficiary for one hundred tventy (120)
aontha. If tha Neaber ia not survived by a Beneficiary, the one hundred
twenty (120) aoethly payaceu shall be coaputed and paid in a atnala aua to
the Neabar'a state. If an opttoeal fora of payaent haa been elected, the
death benefit, if any, shall ba deterained by the option elected.
Section 5. Qsath of a letirt4 ftlaher or Brpeficiary. In th event e
letlr d er or lanetlelary cliea vbtle recehina letir ... nt Bandit pay-
nta, bia cl eth anaflt, lf any, will be deteralned by the fora of letlr tnt
I n aiel , Upon the death of the laat to die of a I tlr d " er or
•• t o tal of paya nta d t o th
bla tfl c lai'J la •• th th unt o f th Actuaulat d C ntri utt n o f
ht • hta a ttr b palcl ln a
11 11 I 0 at o tb 111 t o ell of th " r or hie
I ttunol tlelai'J ta lhl at th cl a h o f a ch
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Retired Member, the Actuarial Equivalent value of the monthly inatallmenta for
the balance of the term certain will be coaputed and paid in one aua to the
eatate of the Retired Meaber. If at the death of the laat aurvivina Benefi-
ciary followina the death of the Retired Meaber, aonthly inatallaenta have not
yet been paid for the tara certain, the Actuarial Equivalent value of the
inatallaenta for the balance of the tera certain will be coaputed and paid in
one aua to the eatate of the laat aurvivina Beneficiary.
Section 6. Paywcpt of Death BIQefita. Payaent of death benefita under
thia Article ahall coaaence, or be aade, ae of the firat of the aonth next
follovina the death of the Meaber or Banefieiary.
Section 7 . Uoifor. Siwyltaneoga Death A~t. The proviaiona of any State
lev providina for the diatribution of eatatea UDder the Unifora Si~ltaneoua
Death Aet, vhan applicable, ahall aoverD the diatribution of death banefita
payable UDder thia Plan .
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ARTICLE X
Severance Benefita
Section 1. Coyerace. Benefita ahall be paid to a Member under Article X
hereof if hit employaent terainatea for reaaona other than retirement,
Diaability or death.
Section 2. Leta than Fiye (5) Yeara of Credited Seryice. Should a
"ember'a employaent vith the City terminate for reaaona other than retirement,
Diaability or death prior to hit ftormal Retirement Date and prior to hit
c~pletion of fiYe (5) yeara of Credited Service, the only benefit to vhich he
ahall be entitled under thia Plan ahall be:
a. The aaount or hit Accumulated Contributiona, If any, plua
b. Tvo percent (2X) or the C~penaation recei•ed by the Member
aubaequent to December 31, 1975 and prior to January l, 1913.
Section J. Fiye (5) or ftpre Xca ra or Credited Seryiee. Should a " .. ber'a
eaployaent vith the City terminate for reaaona other than retireaent,
Diaabil1ty or death prior to hia Roraal Retir .. ent Date vitb five (5) or .are
y era or Credit d Service, he aay elect either:
a. To leav hla Accuaulated Contrlbutlona on depoalt in the
letir .. ent Fund and becoaa a Veated M .. ber; or
receive, in lieu or all other b nefita, a refund or hit
Contribution• plua tvo perc nt (Zl) or the Co penaation
hf• au qu nt to Dec r ll, 1 75 and prior to January 1,
ft aueh a r falla to el ct lth r o h a v vl hln nln ty ( O)
daye aft r bSa d t o t rmtnation fro• th Plan, th n h hall be de d to
tO 1 av la Ace ulat d C trt utlone on d alt and • v • d r, 4 v nt t 1 to a d t rr d
h all dr d p rc n (100 ) 0 te Accna I n th
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the date of hia termination of memberahip in the Plan. Such deferred
Retirement Benefit ahall co .. ence on the firat day of the next month follovin&
the Veated "e.ber•a Woraal Retireaent Date.
In lieu of receiYiD& the deferred Retire.ent Benefit upon hie Wor.al
Retir .. ent Date, the Veated Neaber .. Y elect to receiYe a reduced Retire.ent
Benefit be&innina upon the firat of any aonth aubaequant to hia attainaent of
aae fifty-fiYe (55). The reduction ahall be one-fourth of one percent (.251)
for each month (three percent [31) per year) by which payaenta c~ence prior
to the firat of the aonth follovina hia lonaal Retireaent Date ,
A Veated N .. ber .. Y elect at any ti•e prior to hia lonaal letir .. ent Date
to receiYe, in lieu of all other benefit• under the Pl an and proYided benefit
pa~ta haYe not yet ca..enced, a r efund of hia Accu.ulated Contributiona, if
any, aa of the date of the refund plua two percent (2X) of hia Coapenaation
recaiYed aubaequent to Dec .. bar 31 , 1975 and prior to January 1, 1913 .
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ARTICLE XI
A4ainiatration of the Plan
Section 1. Retircaent Board. There ia hereby created a board to be known
as the "Retirement Board of the City of Enalewood," which shall be com posed of
seven (7) members. One (1) member shall be an elected member of the City
Co uncil who shall be selected by s majority of the members of City Council.
One (1) member shall be the Director of Finance appointed by the City
"anaaer . two (2) •embers shall be employeea of the City who are "embers of
the Plan, wbo shall be selected by a vote of all auch "embers in accordance
with auch procedures aa the Ci ty Manaaer .. y adopt , from tL•e to ti•e. Three
(3) members shall be taxpaylna electora of the City who ahall be aelected by a
majority of the ... bera of the City Council. In additi on , the City ~aaer,
or hie deaianee, ahall aerve in an advbory capa city, as an ex official,
nonvotina •ember.
"embera of the Retire ent Board ahall be appointed for four (4) year
ter.., provided the aaid •ember continuea to poaaeaa the qualification•
provided herein durina the ... bar'a tara and, further provided that:
a . The Council ... bar ahall aarve durina hia tera of office ae a
Council ... ber; and
b. The Director of Finance ahall aerve durin& hie tenure in office
aa auch Director of Finance.
Should a vacancy occur In th • rahip ot the R tlr n Board, th 1
ahall be filled for the duration o the unexpired term only, in th ... anner
aa provided herein. Prior o «nterlna upon the p rfonaance of the duti 1 of a
• er of th I tlr n Board, ach • b r ther of ahall tak and au ecrib an
oath that h accepu th o ll&atlona 1•poa d upon hl• by the provlalona of thla
Plan and that he ahall faith ully p rfora th du lea o auch o ttc •
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Five (5) members of the Retirement Board shall constitute a quorum. All
actions taken by the Board shall be approved by a majority vote of a quorum of
the Retirement Board members. All actions, decisions and determinations of
the Board shall be recorded in the minutes of the Retirement Board and, unle ss
inconsistent vith the provisions of the Plan, shall be bindina and conclusive
upon all interested parties.
No member of the Board shall receive compensation for his service on the
Board but a member may be reimbursed for reasonable expenaea incurred in
co nnection vith hi s duties aa a member of t he Board.
Section 2. nanaa cment of the Plan. In addition to the povera and
obl iaationa imposed upon the Board aa Trustee pursuant to Section 1 of
Article XII hereof, the Retirement Board &hall have all povera neceaaary to
effect the manaaement and administration of the Plan in accordance vith ita
tenaa, includina, but not limited to, the follovina:
a. To establish rulea and r eaulationa for the adainlatration of the
Plan, for aanaaina and diacharaina the dutiea of the Board, for the
Board's ovn aovernment and procedure in eo doina, and for the preservati on
and the protection o f the Fund .
b. To interpret the provisions o f the Plan and to determine any and
al l questions ariaina under the Plan or in connection v lth the adainiatra-
tlon thereof . A record of such action and all other aattera properly
coalna before the Board shall be kept and preserved.
c. To d termine all matters affectina the elialbtlity of any
Employee to be or become a " mber of the Plan.
d. To d t rmlne un of th " r 'a contrlbutlona to be
vlthheld by the City in accordanca vlth h Plan and o maintain auch
recorda or Accumulated Contributions aa are neceaaary under said Plan .
To d ermine the Cr dit d Service or any " b r and to compute
th unt o I tlreaent B n fit, or oth r sua, payabl under the Plan to
any p reon.
f. To authorize and direct all dla ura .. nta or letlr
and other au.. under th Plen.
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I· To employ auch counael and aaenta and to obtain auch clerical,
medical, leaal and actuarial aervicea aa it may deem neceaaary or
appropriate in carryina out the proviaiona of the Plan.
h. With the advice of ita actuary to adopt, from time to time for
purpoaea of the Plan, auch mortality and other tablea aa it .. Y deem
neceaaary or appropriate for the operation of the Plan.
i. To make or arranae for valuation• and appraiaala of Fund aaaets
held under the Plan, and, with the advice of the actuary, to determine the
liabilitiea of the Plan. ·
j. To hold eaaeta of the Plan in a apecial account entitled
"Retirement Plan Fund," and inveat and reinveat the a .. e and to make auch
vithdravala therefrom aa are authorized by the Plan for the payment of
Retir .. ent Benefit• and the expenaea of the Board and the m .. bera thereof.
k. To create reaervea from auch eaaeta for any purpoae.
1. To .. intain auch recorda and accounta and to render auch
financial atatemeata and reporta aa .. y be required by the City Council.
m. to autbori&e oae or more -..bare of tha letlr...at loard to alan
all leaal documeata and reporta on behalf of the letiramaat loard.
a. to perform auch other dutiea aa .. Y be required of a Plan
Admlnlatrato r wader t applicable lava and reaulationa.
Sectloe ). All proper axpenae incurred by the letlr
loard tn t e f t Plan, if not paid by the City, a all
a ort& by the Retirement Board.
n.e I tlr 11 v ao poWer to add to, aubtract fr or
modlty any of t ,_ of t Pl , nor to chanae or add to any •fS •
provided by t.h Plan, nor to a tv or fall to apply any requtr ante of
dt&tblllty for tlr t I uu er t Plan,
A Board hall not ¥0t on any •at r r letS
aolely to hi .. lf' or to hie rt te or b n tsu under the Plan. If a Board
.. b r la ao dtt ualtrs 4 to a ct and th r lntna • ra CaMo aar e, th
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City Council shall appoint a temporary substitute member to exercise all the
powers of the disqualified meaber concernina the matter in which he is
dlaqualified.
The decision of the Retireaent Board and any action taken by it in respect
to the manaaeaent of the Plan ahall be conclusive and bindina upon any and all
employees, officers, former .. ployees and officers, Members, Retired Members,
Vested Members, their Beneficiaries, heirs, diatributeea, executors,
administrators and aaaiana and upon all other persons whoaaoever, but the
Board at all tiaea shall act in a uniform and nondiscriainatory manner.
Reither the establishment of this Plan nor any modifications thereof or any
action taken thereunder or any omission to act, by the Board, the City Council
or any of their •-bera shall be construed as &iYin& to any M .. ber or other
person any leaal or equitable ri&ht aaainat the City or any officer or
employee thereof or aaainst tha Retirement Board, the Clty Council, or any of
their ••bera.
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AITICU XII
letireaent Plan trvat Fund
Section 1. Appointaent of truatee. the Retireaent Board of the City, and
ita aeabera, are hereby appointed and conatituted truatee of the Retirement
Plan Fund and ahall hold, aanaae and control th~ aaae in accordance vith the
proviaiona herein contained.
Section 2. the trvat Fund· All City and laployee contribution• and all
inveataenta thereof, toaether vith all accu.uletiona, accruala, eerninaa and
incoae vith reapect thereto, ahall be held by the truatee in truat hereunder
aa the Truat Fund for uae in providina the benefita under the Plan. Ro part
of the aaid corpua or incoae ahall be uaed for or diverted to purpoaea other
than the axcluaive benefit of the " .. bera, Retired " .. bera, Veated " .. bera,
their Beneficieriea or eatatea under the Plan, prior to the aetiefaction of
all liabilitiea hereunder vlth reapect to th .. , except auch fuada vbich, upon
teraination of the Plan, are in exceaa of the ..ount required to fully fund
tha Plan and are due aolely to erroneoua actuarial aaauaptiona. lo peraon
ahall have any intereat in or riaht to any part of the aaaeta of the Fund
except aa and to the extant axpreaaly provided in the Plan.
Sec.tlon 3. Pupoau and, Aythorltx of the Iruucc. It 1a the purpo .. and
intent of the City ln conatltutlna an4 appolntlna the Retlr .. ent Board aa
fruatee or tb Truat Tund to atve th letlr nt Board Cull pover to eatabllab
au lnveataent or purchaalna proar ... a th lettr .. nt Board .. Y dee. necea -
aary or appropriate to provide aaaurance that there ahall b an adequate
aource for tb paya n of all b neflta provtd d b rein. the Trua ee, bovev r,
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shall not be responsible for the collection of any City or Employee
contributions. In servina ss Trustee, the Retirement Board may determine to:
a. Uae the Trust Fund for the purchase of one or more &roup annuity,
or other, insurance policiea from one or more Inaurance Companies
authorized to do buaineaa within the State of Colorado, whereby said
Insurance Company aareea to pay all or a portion of the benefits herein
provided for; or
b. Contract with a ca.aercial bank, chartered under either the
statutes of the State of Colorado or the United States of Aaerica and
doina buaineaa within this State, with a trust company oraanized pursuant
to the statutes of the State of Colorado and doina buaineaa within this
State, or with a aeaber of the Rev York Stock !xchanae or the American
Stock !xchan&e, doina buaineaa within this State, to have any of such
parties invest funds on behalf of the Trustee; or
c. Directly invest the aaaeta of the Trust Fund; or
d. Establish an investment proaraa, partly funded by insurance and
partly funded by i nveataenta ; or
e . latain on a discretionary baaia an inveataent advisor licensed aa
such under the United States Investment Advisor 's Act of 1940, vhich
inveataent advisor ia also an inveataent c ounsel aa defined tn aald Act .
Section a . Inyeataenta . In aarvina aa Truatae, the Rattr .. ent Board
shall ba authorized and .. powered, in ita s o la disc retion, to invest and
reinvest the Trust Fund , without distinc t ion batvaen princ ipa l and incoaa, in
such co .. on atoc t., preferred stocks, bonds, notta, debentures , ao r t &a&ea,
c ertifica t es and other aecuri t lts, investments, rea l o r pe rsona l pro pe rty of
any k ind, Jncludln& pu r cha se and lta a e-ba ck tranaa ctJona , lnterea ta in o l l an d
other deplet a ble natura l resources, lnvtataent in autua l fUDda (open-sod o r
oth rvltt) •• lt aay dt train , vlt out r aa rd to th r euch inv etatnts aay
produc curr t inc provld d, how ver, tha t thould the ltttr t Bo ard
dttermln to ask inv et .. nts directly, without an lnveeta nt aan.a nt
contra c vlth a bank, trust c eny tnvea • nt count lor o stock xchana e
• b r, th n t toll ltaltattone thall applyl
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a. The aaareaate of moneys invested in corporate stock of all kinds,
toaether with moneys invested in corporate bonds convertible to corporate
stock, shall not exceed thirty percent (30%) of the book value of the
aaaeta of the Trust Fund beina directly invested; and
b. Wo invea~ent in the stock, or convertible bonds, of any ainale
corporation shall exceed five percent (5%) of the book value of the aaaeta
of the Trust Fund beina directly invested; and
c. At no tiae shall the Trust Fund hold aore than seven percent (7%)
of the outatandin& stocks or bonds of any corporation.
Section 5 . Trustee's Powers. Subject to the provisions of Sections 3 and
4 of Article XII hereof, in ita inveataent and adainiatration of the Trust
Fund, the Trustee is authorized and eapowered with respect to any securities
or other property held in the Trust Fund:
e. To sell, exchan&e, convey, transfer, lease for any period,
pledae, aortaaae, arant options, contract with respect to or otherwise
eneuaber or diepose thereof, at public or private sale, for cash or upon
credit or partly for both, and no person dealin& with the Trustee shall be
bound to see to the application of the purchase aoney or to inquire into
the validity, expediency or propriety of any such eale or other
dhpoaitlon.
b. To sue, defend, coaproatee, arbitrate, eoapound and settle any
debt, obll aatlon or cleia due it ea Trustee or any other suit or leaal
proeeedln& involvlna the Trust, and to reduce the rate of interest on, to
extend or otherwise aodify , o r to foreclose upon default o r othe rwise
enforce any such debt, obllaation or cl ala.
e. To alva aenera l or specific proxies or powers of attorney with or
without pover of substitution.
d. To vote in person or by proXY on any stocks, bonds or othar
s eurlti • for the conversion tb reof into other atoeks, bonds or
or to deposit tb .. ln any votlna trus or with any protective
it ea or vltb a truate or depositories deslans ted thereby, or
any riahta to au acrt or additi ona l atocks, onda or other
a curitl a and to aall a U c aaef7 paYIIeftU ther tore, and to
joln a d pertlcipat tn or o dl n troa d oppoae &Q1 reorasnlzetlon,
epic llzetlon, eoneolldett on, ll ul atlon, eel or .. raer of corpora -
ne or prop rtlea ln lc lt aay tnt r at d •• Truetee, upon auch
t nd condltlona •• l aay d via •
r any a curltt or oth r property tn lts ova n or
o Ita noaln , vtt or vltbou th sddl l of vorda
tha auch a curt t a ar b ld ln e flduclaf7 c epe ctty, or to
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hold any aecuritiea in bearer fora, but the booka and recorda of the
Truatee ahall at all tiaea ahow that all auch inveataenta are part of the
Truat Fund.
f. To retain, aanaae, operate, repair, iaprove, partition, dedicate
or otherviae deal with any real eatate held by it.
I· To retain uninveated auch caah aa it aay deea neceaaary , without
obliaation to pay intereat thereon.
h. In aeneral, to ezerciae all powera in the aanaaeaent of the Truat
Fund vbieb any individual could ezerciae in the aanaaeaent of property
owned in hie own ri&bt.
Receeaery partiea to any accountina, liti&ation, or other proceedinaa
aball include only the Truatee and the City Council, and the aettl..ant or
judaaent in any auch caae ln vbich the City ie duly eerved or cited ehall be
blndina upon all "-abera, Retired "eabera, Veated "eabera, or leneficlariee
under the Plan, and upon all peraona claiaina by, throuah or under th ...
Section 6. Ad8iniatration of the Iruat [Und. The Truatee ahall pay or
diatrlbute all Plan benefit• fro• the Truat Fund ln aucb fora, in auch
aaounta, at euch tiaea and to auch payeea ae .. Y be authorized by the
letir..ant Board.
The Truatee aay eaploy auitabla aaenta and counael. The expeneee incurred
by the Truatee in the perfona&Dce of lte dutlea hereunder and all proper
cbaraea aDd diebureeaenta of the Truatee, lncludlna all tazea lawfully
aeeeaeed upon or in reepec t o f the Truat Fund or lta lncoae, ahall be char&ed
and pald by the Trueue froa the Fuad . •o Naber of the letlr .. at loerd, ae
Truetee, eball retalve coapenaetion for hie eervl c • aa euch but 1 11 b
ntltled to be relabureed for any az~ • 1ncurr by bia on b~alf o f the
Truat Fua4 to the e.xunt that aueb up~•• are not pald by the City.
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The Truatee ahall keep detailed, accurate account• of all inveataenta,
receipta and diaburaeaenta and other tranaactiona hereunder. All accounts,
booka and recorda relatinc thereto ahall be open to inapection by any peraon
deaianated by the City at all reaaonable tiaea. The Truatee ahall aaintain
auch recorda, aake auch coaputationa and perfora auch ainiaterial acta aa the
City froa ti .. to ti .. aay requeat. On or before Auauat 1 and February 1 of
each year, the Truatee ahall file a report vith the City in auch fora aa the
City aay requeat. Thia report ahall ehov all purchaaea, aalea, receipta,
diaburaeaenta tad other tranaactiona effected by the Truatee durina the aix
(6) aonth period for Which the report ia filed. It ahall contain an ezact
deacription, tha coat value aa ahovn on the Truatee'a booka and the aarket
value aa of the end of auch period of every it .. then held in the Truat Fund.
The Truatee ahall be forever relieved froa all liability to the City, the
Fund, and any " .. bar or Beneficiary vith reapect to the propriety of any of
ita acta or tranaactiona ahovn in auch report unleaa vithin ninety (90) daye
after the receipt of auch report , the City aivea the Truatee written notice of
ita objection or objectiona to any aatter eet forth therein.
The Truatee ahall not be liable, either aa a body or lndlvldually, for the
aaklnc, retention, or aale of any inveataent or relnveau. nt de by lt or
o rialnally reeelv d by aa bereln provided nor for any expenae or lla blllty
her under, nor for any loti to or dlatnutlon of th Truat Fund unleaa du to
or arlalnc froa itt ovn rott n alta nee, altcon4uct, dlthon aty o r l a of
aood faith. Tb truat aay conault vlth counael and ahall b fully prot et d
tn eett upon th edvte of eo el. Unleee othervtee advlt d, th Truet
y ell that th Plan at ell tl 1 qualiflea under Int Code
Section 40l (e) tad the th trua r y eete 1lahed te a ell tt .. a
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tax-exe.pt under Internal ReYenue Code Section 50l(a), aa amended, or
aucceaaor proYiaiona. The Truatee ahall haYe no reaponaibility for the
accuracy of aDJ info~tion furniahed it by tha City.
Section 7. lcaoyal of Trgatea. Rothin& herein ahall be conatrued to
prohibit the City Council froa ra.o•ina the letir .. ent Board aa Truatee of the
letir .. ent Fund by appropriate ~t to thia aaree.ent. Upon r..oYal of
the Truatee, the City Council ahall appoint a aucceaaor Truatee or Fundina
qent. Upon dlliYery by the r-•ed Truat11 to ita aucceaaor of ell property
of the lund, leaa auch reaaonable a.ouat aa it ahall de .. neceaaary to pro•lde
for ita ezp~B&aa, and aDJ tazea or ad•aacea charaeable or payable out of the
Fund, the auceeaaor Truatee or Fundina A&&Dt &hall thereupon he•• the powera
and dutiea aa are conferred upoe lt by ~ Truat A&re...at or aroup aaaulty
contract . 1o aacceaaor Truatee or P'••Una A&&Dt &hall he•• aDJ obllaatlon or
llablllty vlth reapact to the acta or oalaalon of ita predeeeaaora.
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ARTICLE XIII
Retirc.ent Benefita •n4 Ri&hta Inalienable
Section 1. InalienabilitY. Meabera, Retired Meabera, Vetted Meabera and
their Beneficiariea under the Plan are hereby reatrained froa aellina,
tranaferrina, anticipatina, aaaianina, hypothecatina, or otherviae diapoaina
of their Retireaent Benefit, proapective Retireaent Benefit, or any other
riahta or intereat under the Plan, and any atteapt to anticipate, aaaian,
pledae, or otherviae diapoae of the aaae aball be xoid. Said Retireaent
Benefit, proapectixe Retireaent Benefit aDd riahta aDd intereata of aaid
Meabera, Retired Neabera, Vetted Neabera or Beneficlarlea ahall not at any
tiae be aubject to the claiaa of creditor• or othera for liabilitlea or tort•
of aaid Neabera, letired Neabera, Vetted Neabera or Beneficiariea, nor be
liable to atta~t, execution, or other leaal proc eaa . Wotvltbataadina the
foreaolna, the letireaeat Board aay appro•• payaent to an altaraatixa payee
baaed upon any "qualified doaeatic ra l ationa order " aa defined in lnteraal
a .. enue Code Se c tion 4 l 4(p ), IDd auch pa,.ent aha ll not be de..ad t o be a
proh i bited alienation o f benefita .
Section 2. ••••ryptcx . I f aay ~r. l etired ~r. Vetted ~r or
leneflcl a ry ahall bleoaa biAkrupt o r atteapt to antielpe te, •••liD or pled&•
any benefit• under the Plan, then aueh beneflta ehall, in the dlaeretlon of
tb letlr t a rd, c 11 , aad in that ax nt h I lr t Board 1 11 have
authority to caua th • , or lft1 part ther of, to b ld or applied to or
for the benefit of aueb r, hit epouae, hte thtldr , or oth r depend nta,
or 1ft1 of th , In auch r an4 ln auch proportion• at h Ia tr loard
'I d pro r .
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ARTICLE XIV
Bodification or Teraination of Plan
Section 1. Expectation. It ia the expectation of the City that it will
continue tbia Plan and the pa,.ent of ita contribution• hereunder
indefinitely, but continuance of the Plan ia not ,aaauaed aa a contractual
obliaation of the City.
Section 2. AaeDO.ent. The City reaarYaa the riaht to altar, .. and, or
te~inata the Plan or any part thereof in auch aannar aa it aay date~ina, and
auch alteration, ~ent or te~ination aball take effect upon notice
thereof fro. the City to the latir .. ant loard; provided that no auch altere-
tion or .. and8ant ahall provide that the Retirement Benefit payable to any
Retired n .. bar ahall be leaa than that provided by hie Accuaulated Contribu-
tiona or affect the ri&ht of ~ n .. bar to recahe a refund of hh Accuaulated
~ Contribution& and ahall not directly or indirectly reduce ~ B.aber'a Accrued
Penaion. ADd provided further, that no alteration or te~ination of the Plan
or any part thereof ahall pe~it any part of the Fund to revert to or be
recoverable by the City or be uaed for or diverted to purpoaea other than the
~clueive benefit of Beabare, Retired Reabera, Veated B.abera or leneficiarlea
under the Plan, e¥cept euch funda, if ~. aa aay r ... ln at te~ination of the
Plan after ,.tlafactlon of all Uabllttha with reapeet to " .. ben, Retired
" ra, V r• and I eficiarl • under the Plan and are due aolelY to
rron oua a ctuari al aaa~tl oDA. rtb r, no ... ndatn eball c aua tb
ellalD&tlon of an optional fo~ o tt nor the ellalnatlon or r ductlon or
an arly tlr nt flt t c thua • ar er retlr n •
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Section 3. Approval Under the Internal Revenue Code. The Plan is
intended to co•ply vith the requirements of the applicable provisions of
Internal Revenue Code Section 40l(a) aa nov in effect or hereafter .. ended,
and any modification or .. endaent of the Plan •ay be aade retroactive, as
necessary or appropriate, to establish and aaintain auch compliance.
Section 4. Diacontinuance. The City reaerves the riaht at any ti•e and
for any reason satisfactory to it to discontinue permanently all contri-
butiona under thia Plan. Such diacontinuance ahall be de .. ed to be a co•plete
teraination of the Plan.
Section 5. tarwination. In the event of a partial or co•plete
termination of the Plan, the Accrued Benefit• up to the date of termination by
tha affected Z.ployeaa and their Banaficiariea ahall be nonforfeitable and all
affected fuada ahall ba allocated to affected " .. bera, latired " .. bars, Vaated
" .. bera aDd lenaflciariea on the follovlna priority baals of:
a. An amount equal to the Acc~lated Contributiona, or balanca
thereof, vbich vould ba payable to the " .. bars, Retired " .. bars, Vaatad
" .. bar• or lanaflclarlaa should death occur on the data of the taralnatlon
of the Plan.
b. An amount of the r ... inina aaaata equal to a pro rata portion
dataralned on the baais of the ratio that the a ctuarial raaarva for hla
Accrued I nafit •inua the ..aunt ln a. above credited to hl• baara to the
total of auch a ctuarial raaarvaa •inua the aaaraaata of ..ounta alloc ated
under a . above.
Section 6 , Qiatrlbutloo. When the aaaata of the Truat Fun4 have ba n
allocat d aa lftdlreted above, th dlatrlbution aay be de ln th ona of c aeb
or nontranaf ra le aftnulty c ontraeta aa d aralned by tb latir t aoard,
provided that any affaet d fundi r ... tnina after the aatiafaetlon of all
liabllltl e o Iff c t d " b ra, latlrad " b ra, Vaac u and a " n -
ctarl a wdar t Plan aay b vl bdraw 'I th lettr the
and raflllld to t Clty .
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ARTICLE XV
Benefit Re1triction1 on Early teraination
Section 1. Reatrictiona on tventy-Fiye (25) Hi&beat Paid laployeea. thia
Section aeta forth the li•itationa required by the Internal Revenue Service on
the Z.ployer contributiona vbich .,Y be uaed for the benefita of certain
Z.ployeea. thia Section ahall apply to an Z.ployee only if hit anticipated
annual Penaion exceeda one thouaand five hundred dollara ($1,500) and the
Employee va1 a.ona the tventy-five (25) hi&heat paid individual• of hi1
Employer at the ti•e of auch Z.ployer'a initial eatablilhment of the Plan
("Plan" for purpoaea of thia Section, includea the Previoua Plan) or the date
of a aubaequent .. endment vbich aubatantially increeaed the poaaibilitiea of
dlacrt.lnation aa to Plan benefita. the ll•ttationa 1et forth in thia Section
ahall become applicable if:
a. the Plan ia terminated vithln ten (10 ) year• after ita initial
eatabliabaent, or
b. the Penaion of an Employ e e beco.ea payable vithin ten (10 ) yeara
after the tnlttal eatabltahment o f the Plan.
If aubparaaraph b . above ta appli c able, the reatriettona vtll r ... tn in
effect until the Plan haa been in effaet f o r ten (10) year1 fr om the tnltla l
e1tabllahment and , if a t tha t tt .. , the full curran eo1t1 h a ve been fund ed ,
the r e a t r lcttona v lll no lonae r apply •
If •~ paraau p • a v 11 a ppllctbl •n4 th full curr t co1t1 hlv not
n fund 4 a ft r th Plan baa b ln r act for t n (10) y a ra fr th
lnl tal ltt blltha t, b ll•lta tl na aht ll contlnu to apply until b full
curr n coa 1 ba v
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If the Employer contribution• are aufficient to •eet the full current
coata of the Plan at the end of ten (10) yeara fro• the date of the Plan'a
initial eatablia~ent, or later if the full current coata are then •et for the
firat ti•e after auch ten (10) year period, the exceaa of benefita payable
under the Plan but previoualy li•ited by thia Section, over the a.ounta
actually paid ahall be paid in a lu.p au. to the retired or ter.inated " .. ber,
if livina, or if deceaaed, to hia na.ed Beneficiary or eatate.
If an laployee ia aubject to the pro•iaiona of thia Section, the laployer
contributiona wbich .. Y be uaed for hia benefita ahall not exceed the areateat
of the followina:
c. Twenty thouaand dollara (i20,000); or
d. An a.ount co.puted by 8Ultiplyina twenty percent (201) of the
firat fifty thouaan4 dollara Ci50 ,000) of the annual coapenaation of the
&.ployee a•eraaed OYer hia laat five (5) yeara of participation, or actua l
yeara, if leaa than five (5) yeara, by the nu.ber of yeara between the
date of the initial eatabliabaent of the Plan by auch laployer and
(1) the date of ter.Jnatlon of the Plan aa to auch laployer, or
(2) in the caae of an laployee deacribed in aubparaaraph b. of
thle Section, the date hie benefit beco.ea payable, if before the date of aucb ter.inatioa of the Plan.
Hove•er, if the full current coata of tha Plan have not b en •at by auch
laployer on the data deacrtbed in {1) o r (2) of thia aubdiviaion, VbicbeYer Ia
applicable, th n the dat of the failure to ... t auch cu rr nt coata aball b
eubatltuted for the date r tarred to iA (1) or (2) of thta aubdiYlaion. ror
rpoee of d r.inl c: y u d for tb h . 0 ploy e b (2) ot le u , th n
Into eccoun .. ,
ull curr n eoe a of th ar 1 th
Plaa ar t for auc '1 '/ r.
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The limitations described above may be exceeded for the purpose of makina
current benefit payments to retired Employees who would otherwise be subject
to such restrictions, provided that (1) the contributions which may be used
for any such retired Employee in accordance with the restrictions heretofore
indicated are applied either to provide a level amount of Pension in the basic
for. of benefit provided for under the Plan for such Employee (or a level
amount of Pension in an optional for. of benefit, not areater in aaount than
the level amount of Pension under the basic for. of benefit), and (2) the
Pension thua provided is suppl .. ented by .onthly payaents to the extent
necessary to provide the full Pension in the basic for. called for by the
Plan, and (3) such suppl .. ental payments are aade only if the full current
costs of the Plan have been aet or if the aaareaate of aueh auppleaental
payaenta for all such retired laployeea does not exc eed the aaareaate
contributions already aade under the Plan in the year then current.
The tara •benefita• as uaed in this Section shall not include the costa o f
&nJ death benefita with respec t to an Employee befo re retir .. ent, nor the
amount o f any death benefita actually payable after the death of an Employee
whether auch death occure before or after retir..-nt .
In confo rmity wi th Section l.40 l -4(c)(2) o f the Tre a eury leaulat i ons , if
the Plan ie aaended to lncrea ee aubstantially the extent of poasible dlscriai-
nstton a s to contribution• and a t to b ne Itt actu lly payabl upon aubatqu
t raina tton of th Plan or auba qu n diacontlnuanc o contrlbu ions
th raunder, than the provlel na o tble Seetlon ehall be applied to the Plan
•• o aaend d a a If i w r th n a new pl e n tta blith d on the d e te of auch
a.encMM~t, x c ap tha , ln pl a c or the llalt detcrl ld in
I rtto 1.40l-4(e)(2)(tlt), o the Tr aeury aul a tt n , th loy r
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contribution• which may be uaed for the benefit of an Employee who ia aubject
to the proviaiona of thia Section ahall not exceed the areateat of the
follovina:
e. The Employer contribution• (or funda attributable thereto) vhich
vould have been applied to provide the benefita for the t.ployee if the
Plan prior to aa~ent had been continued without chanae,
f. Tventy thouaand dollar• ($20,000),
I· The aua of (1) the Employer contribution& (or funda attributable
thereto) which would have been applied to provide benefita for the
Z.ployee under the Plan prior to aaendaent if it had been terainated the
day before the effective date of chanae, and (2) an aaount ca.puted by
.ultiplyina twenty percent (20S) of the firat fifty thoueand dollar•
($50,000) of the annual ca.penaation of the t.ployee averaaed over hie
laat five (5) yaara of participation, or actual yeara, if leea than five
(5) yeara, bJ the nuaber of year• between tha date of the aaendaent of the
Plan by the s.ployer and
(1) the date of teraination of the Plan by the s.ployer, or
(2) in the caae of an Z.ployee deacribed in aubparaaraph b. of
thia Section, the date hie benefit becoaea payable, if before the
date of aueh teraination of the Plan •
Section 2. .,......nt of Plan. If the Plan h aaended to increaee
benefita which vould eubatantially increaae the extent of poaaible diacri•ina-
tion aa to contribution& or aa to benefita upon ter.ination of the Plan, the
reatrictiona aet forth above, ahall be applied to the Plan aa if lt vera a new
plan aatabllabed on the date of aucb chanae.
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ARTICLE XVI
Li11itations
Section 1. lee~ployacnt of For.er ftonyetted Melbert. If a Mc.ber'a
c.ployaent ten.inatet prior to hia bec011ina a Vetted Mc.ber and the Mcaber it
tubtequently ree.ployed at an z.ployee, auch MCI!ber thall not be entitled to
receive credit for hit previout Credited Service under the Plan, except aa
provided In Section l of Article IV hereof.
Section 2. lecwployacnt of For.er M.abert. If a fon.er n .. ber it
re .. ployed at an laployee of the City, no letireacnt Benefit payaentt thtll be
.. de durina the period of tuch re .. ployaent. Upon the tubtequent vetted
ten.ination of .. ployaent by auch a n .. ber, the Meaber ahall be entitled to
receive a letlr .. ent Benefit bated on (i) hit Credited SerYice prior to the
date of bit prevlou. teraination (axcept Credited Service loat aftar a five
(5) year break under Section l of Article IV hereof, &Dd (li) bit Credited
SerYice durina the period of bia re .. ployaent, and (iii) in the cata of a
ditabled " .. bar, hit Credited Service vhile ditabled. ln the cate of
re .. ployaent, of a foraar ne.ber Vbo received, prior to bit re-.plo,.ent, any
benefit payaenta (Vhatber ainale t .. or periodic ) with reapaet to Vbich
Cred ited Servlea ia reat ored hereunder, the letlra.«nt Benefit payable upon
hta aubaequeat retlreaent ahAll r due by the Actuarial lquivalent of tuch
pa a, other t Dt11 lllt)' I th u, h r c had prior
to hla oraal latir t 111 nt aa a al le a that vn
r paid under S ctlon 3 o Ar tel IV b r o
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Section 3. Limitation of Benefits. Rotwithatanding any other provision
contained herein to the contrary, the benefits payable to a Member from this
Plan provided by City contributions shall be subject to the limitations of
Internal Revenue Code Section 415 in accordance with a. and (b) below:
a. Defined Benefit Plan Only: Any annual Penaion payable to a
Member hereunder ahall not exceed the lesaer of:
1 0 I 7
(1) Ninety thouaand dollars ($90,000), adjuated for increaaes in
the coat of livina, aa preacribed by the Secretary of the Treaaury or
hia deleaate, effective January 1 of each calendar year and
applicable to t .he Limitation Year endina with or within such calendar
year, or, if areater, the aaount of atrai&ht life, or qualified joint
and aurYivor annuity accrued by the Meaber aa of o,eeaber 31, 1982.
(2) One hundred percent (100~) of the Eaployee'a averaae
earninaa for the three {3) eonaeeutive calendar yeara, while a Meaber
in the Plan, in which hia earninaa were the hi&heat. For purpoaea of
thia aubaeetion, earnlnaa for any Limitation Year ahall be the
M .. ber'a earned ineo.e, waaaa, aalartea, and feea for profeaaional
aervteea, and other a.ounta received for peraonal aerYieea actually
rendered in the eou rae of eaployaent with the City (ineludina, but
not limited to, eo .. iaaiona paid aaleaperaona, eoapenaation for
aervieea on the baaia of a pereentaae of profita, co.aiaaiona on
inauranee prealuaa, tipa and bonuaaa), provided aueh aaounta are
actually paid or ineludible in aroaa income durina aueh year.
lamina• ahall ex clude the follovina:
(a ) City contribution• to a plan of deferred eompena ation
which are not included in the M .. ber•a aroaa tneo.e for the
t&&able year in Vhlch contributed or City eontributtona under e
elaplified -.ployee penai on plan o the extent such eontr tbu-
tlona are deductible b7 the M.aber, or any diatributiona froa a
plan of deferred eoapenaation; anct
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been credited with leaa than ten (10) yeara of Credited Service, the
maximua annual penaion allowable under thia Section ahall be reduced by
multiplyina auch maximua annual penaion by a fraction, the numerator of
which ia the number of auch Meaber'a yeara of Credited Service and the
denoainator of vbich ia ten (10).
The limitation• of thia Section apply to a atraiaht life annuity with
no ancillary benefita and to an annuity that conatitutea a qualified joint
and aurvivor annuity, provided payment beaina between aaea aixty-two (62)
and aixty-five (65). If payment co .. encea b~fore aae aixty-two (62), the
foreaoina liaitationa ahall be reduced ao that they are Actuarially Equiva-
lent to auch a benefit coaaencina at aae aixty-two (62). However, the
reduction of thia paraaraph ahall not reduce the liaitation below aeventy-
five thouaand dollara ($75,000), if payment coaaencea after aae fifty-five
(55), or below the Actuarial Equivalent of aeventy-five thouaand dollara
($75,000) coaaencina at aae fifty-five (55), if payment coaaencea before
aae fifty-five (55). If pa~t coaaencea after •a• aixty-fiva (65), the
limitation ahall be the Actuarial Equivalent of a ninety thouaand dollara
($90,000) annual benefit coaaencina at aae aixty-five (65). The intereat
aaauaption for purpoaaa of detarainina Actuarial Equivalency under thia
paraaraph ahall be the intereat rate otharviaa uaed for purpoaaa of
coaputin& optional forma of income payable under the Plan, but the rata
ahall not be laaa than five percent (5S) annually if banafita commence
before aaa aixty-fiva (65) and ahall not exceed five percent (5S) annually
if banafita commence after aaa aixty-fiva (65).
b. Defined Benef it and Defined Contribution Plana: If, in any
Llaitation fear a Member alao parti ci pate• in one or aore defined co ntri-
bution plana aaintained by the City, than for auch Liaitation fear, the aua
of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction
(aa daacribad below) for auch Lialtation Year ahall not exceed one. The
Defined Benefit Fraction for any Liaitatlon Year ahall .. an a fraction (a)
the numerator of vbicb ia tha projected annual benefit of the Member under
the Plan (determined aa of the cloaa of tba Lialtatlon Year), and (b) the
denominator of vbieb la the laaaar of one hundred tvanty-flve percent
(125S) of tb dollar llaltation under Internal Revenue Coda
Section •15 (b)(l)(A) or one hundred forty percent (l•Os) of tba parcentaae
llaltatlon under Internal I venue Coda Section •t5(b)(l)(B) for the year of
d e inatlon (t akln& Into account the effect of Section 235(&)(•) of the
Tax !qulty and rtacal aponatblllty Act of 1912).
lon Y ar all an a
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Revenue Code Section 415(c)(l)(B), for auch Liaitation lear and for all
prior Liaitation leera durina which the "eaber vea eaployed by the City
(provided, hovever, at the election of the letireaent Board, the
denoainator ahell be increeaed by uaina for Liaitation leera endina prior
to January 1, 1913, an aaount equal to the denoainator in effect for the
Liaitation lear eadina in 1912, aultiplied by the tranaition fraction
provided in Internal Revenue Code Section 415(e)(6)(B)).
If, in aDJ Liaitation lear, the aua of the Defined Benefit Plan
Fraction aa4 Defined Contribution Plan rract~on for a Reaber vould ezceed
one (1.0) vitbout adjuatllent of the aaGWlt of the aaas.-enaual penaion
thet can be paid to aueb .._.,.r UDder paraarapb (1) of thia Section, then
the -•t of the aaat.. enaual penaion that can be paid to aueb. lleaber
UDder paraarapb (1) of tllia Section, ab.all be reduced to the eztent
neceaaarJ to reduce the •• of the Defined Benefit Plan Fraction aDd
Defined Coatribution Pla Fraction for aueb lleaber to one, or the
letir .... t Board aa7 take aucb other actiona aa will cauae the aua to
equal one (1.0) or leaa.
For purpoaea of tbia Section, tbe Liaitation lear ahell be tbe
caleadar 7ear.
Section 4. CoQAolidatiop or fttraer. The Plan ahell not be conaolidated
or aeraed vitll, nor ahell aDJ aaaeta or liabilitiea be tranaferred to &DJ
other Plan, Wlleaa the beaefita pa7eble to eeeb. Neaber if tbe Plan vera teral -
nated i.aadietel7 after auell action vould be equal to or areater tlla the
benaflu to vbieb. aueh .._.,.r voulcl b.ava bee etltled tf tllta Pla heel bean
teralnated l.aadlatel7 before aueb action.
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ARTICLE XVII
Mlacellaneoua Proylalona
Section 1. llahtt of MeJbtra. lach Meaber ahall be advlaed of the
aeneral provlalona of the Plan and upon written requeat addreaaed to the
letlr...nt Board tball be furnlahad vlth any ln(or.atlon requeated reaardlna
hit atatu., ri&htt and privlleaea UDder the Plan. Walther the eatablithaent
of the Plan, the arantina of 1 latlra.ent Benefit, nor any action of the City
or the latira.ent Board lball be bald or conatruad to confer upon any pcraon
any rl&ht to continua c.plo,.ent, nor, upon di .. ittal, any ri&ht or lntereat
in the Tru.t Fund other than 11 herein provided.
Section 2. Liaitation of Liability. Wo Neaber aball have any ri&ht to
latiraa.at lenafitt under the Plan, except aueb ri&htt, if any, •• .. Y accrue
to hia upoa hit ratiraa.at froa the tarvica of the City UDder the proviaiona
of the Plea Vbilt it it in affect. All auch bADafitt are payebla eolaly out
of the Tru.t PuDd IDd in no avaat lblll the City, tba Tru.taa, or the latire-
WIDt Board ...-era be liable tbarefor. Reither the eatabliabacDt of thit
Plan, nor lllJ IIWTdsaat or -'Uicttioe thereof, nor fatlura of the City to
provide eufficiaat coetributioee to the , ... lhAll be conatruad 11 aiviac to
any "--bar, or other pareon, ear laaal or equitable rl&bt aaaintt tba City, or
eny officer or director thereof, or aaalntt the latir t toard, or any
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RECOMMERDED ARD APPROVED in Enalevood, Colorado, thia ____ day
of -----------• 1987.
ATTEST:
I I 1 mt -a
TRI CITY COUICIL OF THE
CITY or DGL!WOOD
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1. Call to Orde r
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,L)717 e 77dea! f.-3 · Y 7
{A:lf e i/
jJa 1 e 1~
ct 5 "7n:f r Af.L
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regula r Sessi on
.JULY 20, 1!187
The regular .. eting of the Englewood City Council was called to order by Mayor Otis at 7:32 p .•.
2. Invocat ion
The invocation was given by Council Me•ber Higday.
3 . Pledge of Allet1ance
The Pledge of Allegiance was led by Mayor Otis.
4. loll Call
5.
Present:
Absent:
Councfl "'-bers Hfgday, Van Dyke, Kozacek, Bflo, Otfs
Council "'-bers Vobejda, Bradshaw
A quo~ was present.
Also present : CIty Manager McCown
111nutet
(a) COUNCil
APPRO¥ TH
A,y s:
Nays :
Abstain :
Abs nt :
t on c rr
(b)
Actf119 Cfty Attorney R ld
Assistant City Man~ttr Vargas
Acting Director Co..unlty Oevelo~nt Ro.ans Pollee Chief Hol .. s
Deputy City Cltrk Ellis
Coun tl , ozac , 8tlo , Ot '
D, 0
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Englewood City Council Minutes
July 20, 1987 -Page 2
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Ayes:
Nays: Council Members Higday, Van Dyke, Kozacek, Bilo , Otis None Abstain:
Absent : None
Council Members Vobejda, Bradshaw
Motion carried.
6. Pre-scheduled Visitors
1) Mr. Rolley Clapp, 4500 South Sherman Street, addressed the issue of
pit bulls. He stated thit he likes dogs 1nd he 1dmires the pit
bulls, but he does have 1 problem with irresponsible owners . Mr .
Clipp noted that the pit bull his been bred specific1lly for fight -
ing 1nd hu leth1l Cipibilities. He urged the Council to idopt
sa.e type of ordin1nce to encour1ge people to be responsible or 1t
lust s0111ething to provide SOllie compensation to 1 victim. M1yor
Otis infon~~ed hill th1t the City is working on 1 vicious dog or -
dinance 1nd the St1te is working on something which , he believes,
specific1lly addresses pit bulls. Council Member Koucek stilted
that he felt it should be required thit any dog that 1s not con -
fined be IIUZZled. Mr . Clapp stilted th1t he did not feel it wu
necessary to take sa.eone 's "gentle collie" and put 1 •uzzle on it
when they w1nt to walk hi• down the street, but he felt there was
good reason to pick out a p1rticuhr breed of dog because of the
vicious propensities th1t have been da.onstr1ted by it and the vast
nu.ber of fatalities that have taken place over the last few years in the United States .
b)
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[n,lewood City Council Minutes
Ju y 20, 1ga7 -Page 3
so.ewhere around SISO.OO. Mr. Higday stated that the decision on
the cost was up to the Water and Sewer Board. Member Van Dyke
stated that she asked the staff to put together a quideline for
costs which would be equitable. Member Kozacek stated that it was
his understanding that the installation of the water Meters was
suppose to be tied into the cost of the home and settled at the time of closing.
7. Non-scheduled Visitors
The following citizens expressed their concerns regarding Council Bill s No. 30.1 and 31.1:
a) Kenneth Waechter , 3127 West Tufts, stated that the way the or-
dinance was written leaves hi• concerned as to whether he would be
allowed to park his .otor ho.e on private property in a residential
area. Mellber Btlo assured hi• he would. Mr . Waechter asked if
that .. ant that the 6000 lbs. vehicle li•it did not apply to .otor
haMs or big trailers. Mellber Btlo stated that Ms. Ro.ans would
address this quest ion later in the -.at ing. Mr. Waechter asked
about the require..nt of having the area where you park the .otor
hOM paved. Mr. Btlo stated that that is put of an ordinance
which has been in effect for quite awhile, but that there had been added ten~tnology .
b) Marl Doane, 1201 West Radcliff, was concerned with Council Bill No.
30.1 (page 4) nUIIber 8. Mr. Doane questioned whether he could park
his boat trailer and ca.per (hooked-up) overnight In front of his
house so that he could depart early the next .orntng. MeMber Btlo assured ht• he could.
c) Clifton P. Col ... n, 3101 South lialap190, stated that he had ap -
peared at the Public Hearing before the Planning and Zoning Co.ts -
ston when this .. tter was discussed. He stated that the slide show
pres nted by the Planning and Zoning Otvtston did not have an RV In
any of t~. He resented the fact that his RV, which Is valued at
about SISO,OOO, h being COIIpared wtth junk Clrs and abandoned
vehicles . Mr . Col n stated that hfs RV fs zg f t long, fs over
6000 Jb • and Is parked on lh stre t on l sfd of hts r sfd nc
ts r t fro. th corn r . ....-. Col n r spondtd to qu st tons ro. th Coun f1
d)
th r ft uld cone tvablt to elt•t ·
fro. t Cou f1 8111 wfthou d troy ng th tnt nt .
r 8 lo stated It was possible to do nythlnt with a
4540 South In a, tat
In hh drl y nd a
l a su h • 1t uld .
a 9 foo c r tha
th t ttll utd I . •
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Englewood City Council Minutes
July 20, 1987 -Page 4
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Council Member Kozacek questioned Ms. Romans about the procedure to
follow when a resident does not have access to the backyard.
Council agreed to give staff permission to work with residents on an in-
dividual basts in order to avoid having residents come in for a variance.
Mayor Otis stated that they would have to make this a "Friendly Amendment.•
e) Ralph Selby, 3092 South Pennsylvania, expressed his concern over
1 aws that have been on the books for years that are outdated and
are not enforced. He stated the intent of the Ordinance is very
good, but enforcing it is another •atter. Hr. Selby stated that it
is a •atter of interpretation for .ast of the restrictions.
f) leon Dreher, 4455 South Kala.ath, questioned whether he could park
his RV and boat in his backyard in the winter . Council did not see
a probl .. with this. Me.ber Kozacek stated that he would have to
ca.ply with the restriction of setting th .. on ce.ent, asphalt, or
brick pavers, and Hr . Kozacek stated his concerns about this. Hr .
Dreher stated that his RV was parked on a concrete slab with
gravel . Council did not feel he would have a probl .. with this .
g) Ken Gates, 4235 South Inca, stated that .ast of the residents in
his block have RV 's parked in their front yard because they do not
have an alley . He stated hfs RV is parked off the street in his
driveway. Council assured hi• that was all right.
h) lynwood Rouse, 1171 West Oxford Place, noted he also resented his
RV being classified the SMe as a diiiiP truck, etc. He suggested
that they put plates on vehicles to identify those over 6000 lbs.,
which are not personal v hlcles, and perhaps a seasonal ordinance
In order that the person who fishes, for Instance, ~ld be able to
access their vehicles without fear of bttRQ ticketed. He felt the
ordinances contradicted each other and felt thy needed a little .are planning.
Council r Bflo hted h
being Plrked on th stre
h s RV n s or nd
bro n nto Inc udlft9
cl i• 1nd i cost ht•
I .
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Englewood City Council Minutes
July 20, 1987 -Page 5
ha.e about 5:30 to 6:00 at night and leaves about 7:30 in the morn -
ing. Ms. Ro.ans felt that this could be worked out as this was his sole source of inca.e and transportation .
j) Robin Dillon, 4145 South lipan, stated they have a driveway in the
front of the house but there is no access to the back of the house.
She stated that they have a utility trailer and wanted to know
where it could be parked. The Council infomed her that it could
not be parked on the street, but could be parked in the driveway.
k) Charlie Glyn, 3097 West Chenango , stated that he paid assessments
to pave the street which he feel s gives hi• a right to park in the
street. Mr . Glyn also noted that he paid sales tax to the City of
Englewood when he purchased his RV . He dtd not understand how the
City could prohibit parktng on the street Gf a vehicle that is duly licensed , insured, and properly operated .
8 . C-.ntcattons and ,.ocl .. ttons
No ca..unication s or procla.at i on s -.re received .
9 . Consent Atencla
Council "--bar Kozacek requested that lt .. s 9(e) and 9(f) be pulled fro. the Consent Agenda .
COUNCil MEMBER HIGOAY ._,YEO, COUNCil MEMBER BllO SECOII){O, TO APPROVE CONSENT AGEfllA ITEMS 9 (a) THROUGH (d).
(a)
(b)
(c)
(d)
(e)
Minute s of the Englewood Houstng ~thority .. tfngs of April l9 and May 27. 1987 .
Mi nut es of the ltquor ltcet~stftg ~thority .. ttngs of June 3 and June J7, ltl7 .
Minutes of the Board of Adju st.et~t and Appeals .. ttng of June 10, 1987.
Mtnutes o t Planning and ZOII ng C futon t tng of June 16 Jte7 •
A1 s : Councfl rs H gd1 , Van Dy • ozac , ltlo, Otts Nays : ne Absta n:
Abstflt : Council rs V Jda, Brad h
t fOil CIM'ftd • I
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Englewood City Council Minutes
July 20, 1987 -Page 6
COUNCIL Bill NO. 30.1, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE:
AN ORDINANCE AMENDING TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE
(COMPREHENSIVE ZONING ORDINANCE), SECTIONS 16.4, ZONE DISTRICTS;
SECTION 16.4 -1, RESTRICTIONS; SECTION 16.4 -16, FLOOD PLAIN DIS -
TRICT; SECTION 16.5, GENERAL REGULATION; 16.7 -4, VIOLATION AND PEN -ALTY; AND SECTION 16.8, DEFINITIONS.
COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER HIGDAY SECONDED, PASSAGE
OF COUNCIL Bill NO . 30.1. Discussion ensued. Ms . Romans responded to questions from Council.
Council Me.ber Higday stated that the Council Bill represents con -
siderable work, staff tiM, etc . He suggested that they approve
it, review all the COIIIphints which have been received and then lllend it.
Following ada.ant discussion the vote resulted as follows :
Ayes:
Nays:
Abstain:
Absent:
Council Me.Oers Higday , Van Dyke, Silo, Otis Council Me.ber Kozacek
None
Council Me.bers Vobejda, Bradshaw
Motion carried . Council Btll No . 30 .1 is hereby assigned Ordinance No .30, Series of 1987 .
(f) COUNCIL Bill NO . 31.1, INTRODUCED BY COUNCIL M£ .. ER SILO, WAS READ BY TITLE :
M ORDINANCE AMEIIUNG TITLE 6, CHAPTER 3, MD CHAPTER lC, SECTIONS
1 MD Z, ENGLOIOOO UICIPAL COO£ 1915 , RELATING TO H088Y -TYPE MD DERELICT VEHICLES .
COUNCIL MEMBER BILO MOVED , COUNCIL
Of COUNCIL BILL NO. 31.1 ER HIGOAY SECONDED, PASSAGE
uld oppos th s unle s the Coun ·
s nded to all s d nts to dt 1 dt ctly with th
d or ftltng a vart nee and going t ro h th Board or nd Appe ls .
Coun 11 d clded to th ng S c on z. It C to re d :
at cc s to
staff . Tho
1o rd or
all I .
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11.
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Engl~ Ctty Counctl Mtnutes July 20, lt87 -Page 7
Council Member Kozacek stated that he would vote for this Council
Bill, but he wanted to &~end It at a later time tn order to sepa-rate Hobby Type fro. Derelict Vehicles.
Following discussion the vote resulted as follows :
Ayes:
Nays:
Abstain:
Absent:
Council Melbers Htgday, Van Dyke, Kozacek, Btlo, Otis None
None
Council "--bers Vobejda, Bradshaw
Motion carried.
Discussion ensued concerning the possible need to republ tsh thts bill If ... nded In this fashion .
COUNCIL MOllER BILO ~VED, COUNCIL MOllER VAN DYKE SECOfi>ED, TO RECONSIDER COUNCIL BILL NO. 31.1
Ayes :
Niys :
Abstain:
Absent:
Council Melbers Hlgday, Van Dyke, Kozacek, Bllo, Otis None
None
Council Me.bers Vobejda, Bradshaw
Motion carried.
COUNCIL MOllER BILO ~ED, COUNCIL MEMBER HIGOAY SECONDED, PASSAGE
Of COUNCIL BILL NO. 31. J AS ORIGINAlLY PUBLISHED WITH NO ANEIOIENTS.
Council lilellber Kozacek stated that he would be voting ttatnst It
because of the section wfltch does not allow our ldltlntstratlon to .. te the variances .
~·= Niys :
Abstain :
Abset~t :
Council
Council
None
COUtKfl
tiCNt carrted . Cou No . ll, Strfes of 1117 .
rs Hlfdt¥, Van Dyke, ltlo, otis r Kozacek
rs VoOe jda, Ired
1 ltll . ll.l Is
PWl tc Ntarlnt
No public artng s c uled .
~· lvtfOftt ....
(g) I lllO £0, c ll IT 11 ( ) 0
I . .
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Englewood City Council Minutes July 20, 19B7 -Page B
(a)
Ayes:
Nays:
Abstain:
Absent:
Council Member Higday, Van Dyke, Kozacek, Bilo, Otis None
None
Council Members Vobejda, Bradshaw
Motion carried.
Don Mazanec, of Mercer, Meidinger l Hanson, presented the recommen-
dation fro. the Englewood Pension Board which would bring the cur-
rent pension plan docu111ent into a 110re logically constructed and
ca.prehensible instru.ent, and to •ake other •inor i~rovements to
the plan without unduly increasing the plan's actuarially unfunded 1 iab1l ity.
COUNCIL BILL NO. 41, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE :
AN ORDINANCE REPEALING CHAPTER 6 (CHAPTERS 6A THROUGH 6E) OF TITLE
3, ENGLEWOOD MUNICIPAL CODE 19B5, CONCERNING RETIREMENT PROGRAM FOR
NONEMERGENCY EMPLOYEES, AND REENACTING A NEW CHAPTER 6 OF TITLE 3,
ENGLEWOOD MUNICIPAL CODE 1985, ENTITLED "CITY OF ENGLEWOOD NONEMER -
GENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS RESTATED EFFECTIVE JANUARY 1, 1987 ."
MAYOR OTIS MOVED, COUNCIL MEMBER KOZACEK SECONDED, PASSAGE OF COUN-CIL BILL NO. 41 .
~es:
Nays:
Abstatn:
Absent :
Counctl Me.Der Higday, Van Dyke, Kozacek, Bilo, Otts None
None
Council ~rs Vobejda, Bradshaw
Motion carrted.
COUNCIL MOllER HIGOAY MOVED, COUNCIL ME .. ER BILO SECOM>ED, TO RE-
SCIND ENGLEWOOD MUNICIPAL CODE 85, TITLE 3, CHAPTERS 6A THROUGH 6E IN ITS ENTIRETY.
Ayes:
Nan :
Abstafn :
Ab &fit:
Counctl
No
Cou t1
r Higday, Van Dyke, Kozacek, Btlo, Otis
rs Vobtjda , Bradshaw
t on carried .
()fii)J
COST ,•
Ho 1 s pre en ted 1 rec ndat ton to adopt an or · uld chantt the lt•t on Court Costs.
. 37, INTAOOUCEO BY C R HJGOAY, WA R A0
Till I, CHAPT R 7, SECTI 5, TITL 0 "C T IC IPA COO£, I
I .
Englewood City Council Minutes
July 20, 1987 -Page g
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COUNCIL MEMBER HIGDAY MOVED, COUNCIL MEMBER BILO SECONDED, PASSAGE OF COUNCIL BILL NO. 37.
Ayes:
N1ys;
Abshin:
Absent:
Council Members Higd1y, Van Dyke, Kozacek, Bilo, Otis None
None
Council Members Vobejd1, BrAdshaw
Motion curled.
(b) Police Chief HolMes presented the recomnend1tion th1t would provide
other alternAtives to the court other thin fines, jill or suspended fines.
COUNCIL BILL NO. 38, INTROOUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE:
AN ORDINANCE AMENDING TITLE I, CHAPTER 7A, ENGLEWOOD MUNICIPAL CODE
OF 1985, BY REPEALING AND REENACTING SECTION 14 THEREOF RELATING TO
IMPOSITION OF SENTENCE AND BY ADDING A NEW SECTION IS ENTITLED "AL-TERNATIVES IN SENTENCING ."
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED, PASSAGE OF COUNCIL BILL NO . 38.
Ayes:
Nays:
Abshtn :
Absent:
Council MeMbers Higday, Yin Dyke, kozacek, Bilo, Otis None
None
Council Me.bers Vobejda , Br1dsh1w
Motion carried.
(c) Police Chief Hol•s presented the reco.endation to adopt 1n or-
dinance ~frtng the use of sut belts, consistent wfth the new Colorado st1tute.
COUNCil Bill NO . 39, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITlE:
AN OROI E AMEND! TlTL 11, CHAPTER 1, SECTION 10, E LEWOOO
ICIPAl COO OF 1985, ENTITLED "PENALTIES," BY R£ RJ THAT
S CTION TO READ TITLE 11 , CHAPTER 1, SECTION ZO; AND BY ADDING A
NEW SECTION 10 RELATI TO SAFETY BElT SYSTEMS -~TORY USE -CHilO RESTRAINT SYSTEMS • EXEMPTIONS .
COUNCil A 81l0 NOV D. COUNCIL M R HIGOAY SECOND 0, PASSAG Of COUNCIL 81ll NO . 39 .
Cov f 1
1 t 1 that h w fn OPPOS tion to th
1fn t t . It I .
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£ng18WOOd City Council Minutes July 20, 1987 -Page 10
Ayes:
Nays:
Abstain:
Absent:
Council Members Higday, Van Dyke, Bilo, Otis Council Member Kozacek None
Council Members Vobejda, Bradshaw
Motion carried.
(d) RESOLUTION NO. 21, SERIES OF 1987 INTROOUCEO BY MAYOR OTIS, WAS READ BY TITLE:
AN RESOlUTION AllOWING FOR A NEGOTIATED CONTRACT FOR THE SlURRY
SEAl PROGRAM 1987 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SEC-
TION 116 (b) OF THE HOME RUlE CHARTER AND THE ENGLEWOOD MUNICIPAL
CODE 1985, SECTION 4-1-3, AND AWARDING A NEGOTIATED CONTRACT FOR
THIS PROGRAM FOR MAINTENANCE OF THE ENGlEWOOD STREET SYSTEM.
MAYOR OTIS MOVED, COUNCIL MEMBER VAN DYKE SECONDED, TO APPROVE RESOlUTION NO. 21 . Discussion ensued.
Ayes:
Nays:
Abstain:
Absent:
Council He.bers Higday, Van Dyke, Kozacek, Bilo, Otis None
None
Council Me.bers Vobejda, Bradshaw
Motion carried.
(e) City Manager McCown prestnted Resolution No. 22.
RESOlUTION NO. 22, SERIES OF 1987 INTRODUcED BY COUNCIL MOIBER VAN DYKE, WAS READ BY TITLE:
A RESOlUTION SUPPORTING AND AUTHORIZING AN APPliCATION TO THE
PUBliC UTiliTIES COMMISSION, JOINTLY WITH CITY OF SHERIDAN AND
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, OF THE STATE OF
COLORADO, FOA AUTHORITY TO TEMPORARILY RELOCATE THE ATCHISON, TOPE -
kA AND SANTA FE RAILWAY CCIIPAHY'S TRACK AND FACiliTIES ONTO THE
DENVER ANO RIO GRANDE WESTERN RAILROAD C«»tPANY ' S RIGHT ·OF ·WAY
BETWEEN BEllEVIEW AVENU AND YALE AVE THROUGH TH CITIES OF LIT -TLETON, E l£11000 AND SHERIDAN, COLORADo.
Ay s:
Nay :
Absta n :
Ab n :
on c rr
Coun fl
r ozac: re -
tat tng thlt th
ft fs hazardous .
• oz c , 8flo, Otfs I . •
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Englewood City Council Minutes
July 20, 1987 -Page 11
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(f) Mr. McCown presented Council Bill No. 40.
COUNCIL BILL NO. 40 , INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ
BY TITLE:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR UPGRADING
HIGHWAY/RAILROAD GRADE CROSSING PROTECTION UNDER FEDERAL SECTION
203 PROGRAM AT QUINCY AND THE ATCHISON TOPEKA & SANTA FE AND DENVER
& RIO GRANDE WESTERN RAILROADS.
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HIGDAY SECONOED, PAS -
SAGE OF COUNCIL BILL NO . 40 .
Ayes :
Nays :
Council ~rs Higday, Van Dyke , Kozacek, Bilo , Otis
None
Abstain : None
Absent : Council ~rs Vobejda, Bradshaw
Motion carri ed .
12 . City Manater's leport
Mr . McCown responded to a que stion regard i ng two vehicles driven by City
E~loyees with plate nu.bers 147 and ISO . He stated that the cars were pur -
chased on a used basis several years ago for the Paving Districts . The cost
of those cars as well as all of the necessary equi~nt to keep th .. going is
charged to the Paving District . He also noted that tho se are te.porary peopl e
driving th•.
13 . Ctty Attorney's ltport
Ms. Reid dtd not hav e any .. tters to br t ng befo re Counc il .
14 . ltneral Dtscusston
(a) Mayor's Cho tce
May or Otts dtd not have any .. tters to brtng before Counctl.
(b) Council r 's Choice
COUNCIL ME ER HIGOAY YEO, COUNCI M ER BILO SECONDED, TO AP -
POI NT CLYDE WI GGI NS TO TH PARKS AND RECR ATION CIII'ISSION TO FILL
A VACANCY EFFECTIVE I OIATELY AND XPIRI FEBRUARY 1, 1990 .
Ay s :
Mays :
Abstain :
Ab nt :
Coun tl
Non
Non
Coun 11
tton carr ed .
rs Htgday, Van Oyk , kozac k, Btlo , Ot s
,
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Englewood City Council Ninutes
July 20, 1987 -Page 12
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Council ~r Kozacek asked that Ms. Romans work on Council Bill
No. 31.1 to .-end it to allow her Staff to go in and work with the
residents individually, so that they would avoid applying for a
variance. He asked that there be an a~~endiM!nt to it at the next
Counc i1 11eet i ng .
City Manager McCown stated that perhaps they should wait until the
Ordinances were in effect before they bring back any a~~endllents.
Mr. Kozacek asked that Staff expedite in any way possible the park -
ing lot for Meadow Gold and the lights.
/VI J1t!
Mr . McCown Ut.tld._jhat the there are ~ lights that have to be
installed in~IS'arking lot~ three of which belong to the City .
The City requested the lights three to four weeks ago. Public Ser -
vice has requested a separate agree.ent with Meadow Gold to cover
the future electrical costs. The City is still waiting to get the
deed back and for Meadow Gold to consu.ate the agre ... nt with
Public Service .
Council Mellber Higd-.r asked the City Attorney 's office {at their
earliest convenience) to provide the Council with a list of all of
the court cases in which the City is involved, the Attorney assig -
ned to each case, and how -.ch tiM and •ney we have spent on each
court case to date .
15.
COliiCIL MEMBER HUiDAY DED TO AOJOUIIN . The Meting adjourned at
10 :00 , .•.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JULY 20, 1987
7:30 P.M.
-I "'1 1. Call to order. 1·/r-
2. Invocation. Ll~
3.
4.
Pledge of allegiance.
Roll call. ) f 1 ,j
)
5. Minutea.
h (a) Minute• of the apecial •eetin9 of June 29, 1987.
~(b) Minute• of the regular •eetin9 of July 6, 198 7 .
6. Pre-Scheduled Viaitora. (P1eaae l i •i t your preaentati on to ten •inutea.)
(a ) Mr. Rolley Clapp, 450 0 Sou th Sher.an St r eet, v ill be
preaent to d i acuaa p i t bulla.
(b) Mr. nd Mra . Cr i9
v ter ••tera.
t'ua will
7, Non-Sch duled Viaitora. (Pla • l i a i your p •••n at i on o
tive •inu ea.)
a. co .. u nic i ona nd Procl a tion•.
I .
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~ity Council Agenda
July 20, 1987
Page 2
9. \o)lsent Agenda.
j ~ Minutes of the Englewood Housing J' April 29 and May 27, 1987. Authority meetings of
D '~>> Minutes of the Liquor Licensing Authority meetings of June 3 and June 17, 1987. ·
(c) Minutes of the Board of Adjustment and Appeals meetingc' of June 10, 1987.
Minutes of the Planning and Zoning co .. iasion meeting of June 16, 1987.
&~1'nance amending and clarifying varioua
1
,ections of
the Comprehenai ve Zoning Ordinance. ~" ._ · .. , t
10. Public Hearing.
11. Ordinances, Resolutions and Motions .
Reco .. endation from the Police Department to adopt a
b ill for an ordinance amending Title I, Chapter 7, Sec-
tion 5, ot the Englewood Municipa l Code, pertaining to court coats.
(b) Reco endation fro the Police Dep rtm nt to adopt a }
bill tor an ordinance amending Title I, Chapter 7A, Sec-
tion 14 and 15, ot the Englewood Mun icipal Code, re9ard-ing a ntencing altern tives.
(c)
(d)
0 • op
b lta
n
n 1917
n
<( ...
I •
City Council Agenda
.July 20, 1987
Page 3
4~ M
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~: f) Recoaaendation froa the Department of Public Works to ~ adopt a Bill for an Ordinance approving an agreement ~v n ~ith the State Highway Departaent for installation of r~-~ .~AJ flerossing gates at Quincy Avenue and the AT ' SF and D ' ~ 7 f.~ RGW railroads.
(g) Recoaaendation froa the Pension Board/Director of
Finance to adopt a Bill for an or~inance repealing the
/ Q fUrrent non-eaerqency retireaent plan and providing a f ' t«eviaed non-... rqency plan.
&. -,JJ~ 12. ity Manager'• Report 'n 11 • .,... ·I/ I pF'v
f I l 'r ( Ut
13. City Attorney's Report.
14. General Di•cussion.
(a) Mayor'• Choice.
(b) Council Meaber•s Choice."
15. Adjournaent. ,
I
ot.'J
1 I I)
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IDIEUL MDmA ITEM CCIINENT ROSTER
DATE: .JULY 21, 1117
MY PElSOII MY SPEAK COIICEIIII. lilY ...a ITEM. EACH SUCH PElSOII IIJST SUit
THIS IOSTER, STATI. IWIE, AIIDIESS, _, MDmA ITEM IIIMO. PLEASE LIIUT YOUR
CCIINENTS TO FIVE MIIUTES.
PLEASE PI liT.
ADDlES$ MOI)A ITEM NO.
I . .
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l . Call to Orde r
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
JULY 20, 1gs7
The regular meeting of the Englewood City Council was called to order by Mayor Otis at 7:32 p.m.
Z. I nvoca t i on
The invocation was given by Council Member Higday.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Otis .
4 . Roll Call
Present :
Absent :
Council Ke.bers Higday, Van Dyke, Kozacek, Silo, Otis
Council Me.b ers Vobejda, Bradshaw
A quoru• was pr sent.
Also present :
S. Min utes
City Manager McC~
Acting City Attorney Re i d
Ass stant City Manager Vargas
Acting 0 rector Ca..unlty Oevelo~nt Roaans Pol lee Chief Hol .. s
Deputy City Cler Ellis
(a) R OZACE
Ml TE 0 D, TO
on ctrr
(b)
oz c , 81lo, Ot s
VAH O'f
JU y •
, TO
I .
Englewood City Council Minutes
July 20, 1987 -Page 2
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Ayes :
Nays :
Council Members Higday, Van Dyke, Kozacek, Bilo, Otis
None
Abstain : None
Absent : Council Members Vobejda, Bradshaw
Motion carried.
6. Pre-scheduled Visitors
a) Mr . Rolley Clapp, 4500 South Sherman Street, addressed the issue of
pit bulls. He stated that he likes dogs and he admires the pit
bulls, but he does have a problem with irresponsible owners . Hr.
Clapp noted that the pit bull has been bred specifically for fight-
; ng and has 1 etha 1 capabi 1 it i es. He urged the Counc i 1 to adopt
so.e type of ordinance to encourage people to be responsible or at
least something to provide some compensation to a victim. Mayor
Otis infon~~ed him that the City is working on a vicious dog or -
dinance and the State is working on something which, he believes,
specifically addresses pit bulls. Council Member Kozacek stated
that he felt it should be required that any dog that is not con -
fined be 11uzzled. Mr. Clapp stated that he did not feel it wa s
necessary to take someone's "gentle collie" and put a muzzle on it
when they want to walk him down the street, but he felt th ere wa s
good reason to pick out a particular breed of dog because of the
vicious propensities that have been deMOnstrated by it and the vast
nu.ber of fatalities that have taken place over the last few years
in the United States.
b)
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Englewood City Council Minutes
July 20, 1987 -Page 3
somewhere around $150.00. Hr. Higday stated that the decision on
the cost was up to the Water and Sewer Board. Member Van Dyke
stated that she asked the staff to put together a quideline for
costs which would be equitable. Member Kozacek stated that it was
his understanding that the installation of the water meters was
suppose to be tied into the cost of the home and settled at the time of closing.
7. Non-scheduled Visitors
The following citizens expressed their concerns regarding Council Bills No. 30.1 and 31.1 :
a) Kenneth Waechter, 3127 West Tufts, stated that the way the or -
dinance was written leaves him concerned as to whether he would be
allowed to park his .ator home on private property in a residential
area. Member Bilo assured him he would . Hr. Waechter asked if
that .. ant that the 6000 lbs. vehicle limit did not apply to motor
hOlies or big trailers. Me mber Bilo stated that Hs. Romans would
addres s this question later in the meeting. Hr . Waechter asked
1bout the requirement of having the area where you park the motor
h011e paved. Hr. Bilo stated that that is part of an ordinance
which has been in effect for quite awhile, but that there had been 1dded ten~inology .
b) Merl Doane, 1201 West Radcl iff, wa s concerned with Council 8111 No.
30 .1 (page 4) nuaber 8. Hr . Doane questioned whether he could park
his bo1t tr1fler 1nd c~er (hooked-up) overnight in front of hfs
house so th1t h could depart e1rly the next .ornfng. .oer Bflo 1ssured hfa he could.
c) Clifton P. Col 1n, 3901 South C1hp1go, stated th1t he hid lp -
ptlrtd It the Public He1ring before the Pl1nning 1nd Zoning Ca..is-
sion en this a1tter w1 s discussed. He st1ttd that th slide show
pr•s nttd by th Pl1nnlng 1nd Zoning 0 vision dfd not h1ve 1n RV fn
any of th . H resented th f1ct th1t his RV, lch Is v1lued at
about $150,000, Is being COIIIplr d wtth jun urs 1nd ab1ndoned
v hicl s M • Col n stat d th1t his RV Is 29 t 1on , Is over
6000 lbs . and p r td on t str t on th sfd o s r s d nc
65 f froa t corn r . Hr . Col n respond d to sttons froe lh Co nc 1
r Htgd y QU s oned
nat RY ' s intent. C~ncll with a vote •
Floyd H 11 r, 4 40 South Inca, stated h has a 9 foot c r that
ts on concr tha 11 uld
all • Council uld .
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Englewood City Council Minutes
July 20, 1987 -Page 4
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Council Member Kozacek questioned Ms. Romans about the procedure to
follow when a resident does not have access to the backyard.
Council agreed to give staff permission to work with residents on an in-
dividual basis in order to avoid having residents come in for a variance.
Mayor Otis stated that they would have to make this a "Friendly
Amendment . •
e) Ralph Selby, 3092 South Pennsylvanil, expressed his concern over
laws that have been on the books for years that are outdated and
are not enforced. He stated the intent of the Ordinance is very
good, but enforcing it is another matter. Hr. Selby stated that it
is a matter of interpretation for most of the restrictions.
f) Leon Dreher, 4455 South Kala~ath, questioned whether he could park
his RY and boat in his backyard in the winter. Council did not see
a proble~ with this. Member Kozacek stated that he would have to
comply with the restriction of setting them on cement, asphalt, or
br ic k pavers, and Hr . Kozacek stated his concerns about this. Hr .
Dreher stated that his RY was parked on a concrete slab with
gravel. Council did not feel he would have a problem with this.
g) Ken Gates , 4235 South Inca, stated that most of the res i dents in
his block have RY's parked in their front yard because they do not
have an alley . He stated his RY is parked off the street in his
driveway . Council assured him that was all right.
h) Lynwood Rouse, 1171 West Oxford Place, noted he also resented his
RY being classified the sue as a du.p truck, etc . He suggested
that they put plates on vehicles to identify those over 6000 lbs.,
~tch are not personal vehicles, and perhaps a seasonal ordinan ce
In order that the person ~o fishes, for Instance, would be able to
access their vehicles wi thout fear of being ticketed . He felt th
ordinan ces contradicted each other and he f lt th y needed a little
110re plannIng.
Council mber Silo stated he has a probl with h~e vehicles
befng p r d on the str t for nln , t n or lev n nt
M . Rous stated that at on tt h h d hfs RY fn storag nd
dur ng that t th r re ftv v htcles bro en nto ndud1ng
his . H s tnsur nc c<~~~pany did ace pt h ch • nd It cost hi
S2000 tor pair th vandal1s .
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Englewood City Council "inutes
July 20, 1987 -Page 5
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home about 5:30 to 6:00 at night and leaves about 7:30 in the morn -
ing. "s . Romans felt that this could be worked out as this was his
sole source of income and transportation.
j) Robin Dillon, 4145 South lipan, stated they have a driveway in the
front of the house but there is no access to the back of the house.
She stated that they have a ut i1 i ty trailer and wanted to know
where it could be parked . The Council informed her that it could
not be parked on the street, but could be parked in the driveway .
k) Charlie Glyn, 3097 West Chenango, stated that he paid assessments
to pave the street which he feels gives hi• a right to park in the
street . "r . Glyn also noted that he paid sales tax to the City of
Englewood when he purchased his RV . He did not understand how the
City could prohibit parking on the street of a vehicle that is duly
licensed, insured, and properly operated .
8 . C~ntcattons and Proclaaattons
No ca.munications or proclaaat i ons were received .
9 . Consent Attnda
Council Meaber Kozacek requested that lteas 9(e) and 9(f) be pulled fra.
the Consent Agenda .
COUNCIL MEMBER HIGOAY MOVED, COUNCIL ME ER BILO SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) THROUGH (d).
(a) Minutes of the Englewood Housing Author i ty .. etlngs of Apr 1 29 and
May 27, 1987 .
(b) Minutes of the liquor licensing Authority •etings of June 3 and
June 17, 1987 .
(c) Minute s of the Board of Adjust nt and Appeals .. ettng of June 10,
1987 .
(d) Mtnul s
1987 .
of t Pl 1111 ng nd Zoni119 C tu tin of Ju 16.
A s · Council n Oy OZIC , 81lo, Otis
ay ; n
Abshln : II
Ab nt : COUIIC
t Oft C rrttd.
( ) I .
Englewood City Council Minutes
July 20, 1987 -Page 6
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COUNCIL BILL NO . 30.1, INTRODUCED BY COUNCIL MEMBER BILO , WAS READ BY TITLE :
AN ORDINANCE AMENDING TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE
(COMPREHENSIVE ZONING ORDINANCE), SECTIONS 16 .4, ZONE DISTRICTS ;
SECTION 16.4 -1, RESTRICTIONS; SECTION 16 .4-16, FLOOD PLAIN DIS -
TRICT; SECTION 16 .5, GENERAL REGULATION; 16 .7-4, VIOLATION AND PEN -ALTY; AND SECTION 16 .8, DEFINITIONS .
COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER HIGDAY SECONDED, PASSAGE
OF COUNCIL BILL NO . 30 .1. Discussion ensued. Ms . Rom1ns responded to questions from Council .
Council Kember Higd1y stated that the Council Bill represents con-
siderable work , staff ti11e, etc . He suggested that they approve
it, review all the comphints which have been received and then a~~end it.
Following adamant discussion the vote resulted as follows :
Ayes :
Nays :
Absh in:
Absent :
Council Members Higday, Van Dyke, Bilo, Otis
Council Member Kozacek
None
Council Me mbers Vobejda, Bradshaw
Motion carried. Council Bill No. 30 .1 is hereby ass igned Ordinance No .30, Series of 1987 .
(f) COUNCIL BILL NO . 31 .1, INTRODUCED BY COUNCIL Mf~ER BILO, WAS READ BY TITLE :
AN ORDINANCE MENDING TITLE 6, CHAPTER 3, AND CHAPTER 3C, SECTIONS
1 AND 2, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO HOBBY -TYPE AND DERELICT VEHICLES .
COUNCIL M ER BILO MOVED, COUNCIL M
OF COUNCIL BILL • 31.1 R HIGOAY SECONDED, PASSAGE
S ct on 2. Jt C to r d :
,
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Englewood City Council Minutes
July 20, 1987 -Page 7
Council Member Koucek shted that he llfould vote for this Council
Bill, but he llfanted to amend it at a later time in order to sepa-
rate Hobby Type from Derelict Vehicles .
Following discussion the vote resulted as follows :
Ayes :
Nays:
Abstain:
Absent:
Council ~rs Higday, Van Dyke, Kozacek, Bilo, Otis None
None
Council MeMbers Yobejda, Bradsha"'
ftotion carried.
Discussion ensued concerning the possible need to republish this
bill if &Mended in this fashion .
COUNCIL MEftBER BILO MOVED, COUNCIL MEMBER YAH DYKE SECONDED , TO
RECONSIDER COUNCIL BILL NO. 31.1
Ayes :
Nays :
Abstain:
Absent:
Council MeMbers Higday, Van Dyke , Kozacek, Bilo, Otis None
None
Council MeMbers Yobejda , Bradshaw
ftotion carried.
COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER HIGDAY SECONDED, PASSAGE
OF COUNCIL BILL NO. 31.1 AS ORIGINALLY PUBLISHED WI TH NO AMEJOtENTS.
Council Metlber Kozacek stated that he would be voting against 1t
because of the section llfhlch does not allow our aO.inistration to aake the variances.
Ayes:
Nay s:
Abstain :
Abs nt :
Council
Council
ne
Council
rs Hlgday, Van Dyke, Btlo, Otis
r Kouce
rs Vobtjda. 8radsh
. 31 .1 is h r y a signed Ordinance
10 . Public artnt
public arlnt wa sc ultd . .
11 . Or41ifttftees, solutton lft4l ttons
(9) R IJLO 0, C
IT M 11 (C). R V 0 SEC 0, TO
,
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Englewood City Council Minutes
July 20, 1987 -Page 8
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Ayes :
Nays : Council Member Higday, Van Dyke, Kozacek, Bilo, Otis
None
Abstain : None
Absent : Council He.Oers Vobejda, Bradshaw
Motion carried.
Don Mazanec, of Mercer, Heidinger & Hanson, presented the recommen -
dation from the Englewood Pension Board which would bring the cur -
rent pension plan docwnent into a more logically constructed and
comprehensible instru.ent, and to •ake other •inor improvements to
the plan without unduly increasing the plan's actuarially unfunded
1 iabil ity.
COUNCIL Bill NO . 41, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE :
AN ORDINANCE REPEALING CHAPTER 6 (CHAPTERS 6A THROUGH 6E) Of TITLE
3, ENGLEWOOD MUNICIPAL CODE 1985, CONCERNING RETIREMENT PROGRAM FOR
NONEMERGENCY EMPLOYEES, AND REENACTING A NEW CHAPTER 6 Of TITLE 3,
ENGLEWOOD MUNICIPAL CODE 1985, ENTITLED "CITY Of ENGLEWOOD NONEMER -
GENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS RESTATED EffECTIVE JANUARY 1, 1987."
MAYOR OTIS MOVED, COUNCIL MEMBER KOZACEK SECONDED, PASSAGE Of COU -Cll Bill NO . 41 .
Ayes:
Nays : Council Me.ber Higday, Van Dy e, Kozacek , Bllo, Otis None
Abstain : None
Absent : Council Me.bers Vobejda, Bradshaw
Motion carried.
COUNCIL MEMBER HIGOAY MOVED, COUNCil ER BILO SECONDED, TO RE·
SCJII) ENGLEWOOD UICIPAl CODE 85 , TITLE 3, CHAPTERS 6A THROUCH 6 IN ITS ENTIRETY.
Ayes :
Nays :
Council , ozac , Bilo, 0 fs on
Abstain :
Abs n :
n
Council
Mot ion carried.
(a) Pol ic C fef Hol s p s nttd
dfn1nce that would cha the 1
COUNCil Bill NO. 37, INTROOUC 0 BY C BY TJTL ll
All CMtOI
COSTS,• Till l, CHAPT 7, Cll
IC IPA COO(, l
dopt n or ·
R HI R
. n L ·c r
,
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Englewood City Council Minutes
July 20, 1987 -Page 9
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COUNCIL HEHBER HIGDAV MOVED, COUNCIL MEMBER BILO SECONDED , PASSAGE
OF COUNCIL BILL NO . 37.
Ayes :
Nays ;
Absh in:
Absent :
Council Members Higday, Vin Dyke, Kozacek, Bilo, Otis
None
None
Council Member s Vobejda, Bradshaw
Motion curied.
(b) Police Chief Holmes presented the recommendat ion that would provide
other ilternitives to the court other thin fines, jail or suspended fines.
COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE:
AN OROINAHCE AMENDING TITLE I, CHAPTER 7A, ENGLEWOOD MUNICIPAL CODE
OF 1985, BY REPEALING AND REENACTING SECTION 14 THEREOF RELATIN G TO
IMPOSITION OF SENTENCE AND BY ADDING A NEW SECTION 15 ENTITLED "AL -
TERNATIVES IN SENTENCING ."
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED, PASSAGE
OF C CIL BILL NO . 38.
Ayes :
Nays :
Absta in:
Absent :
Council
one
None
Council
Mot ion ca rried .
rs Higday, Yin Dyke, Kozacek , B1lo, 0 1s
rs Vobe jda, Bradshi
(c) Pol ce Chief Hol•s presented the rec nda on to adopt an or -
dinance requiring the use of seat belts, cons s tent vi th th n
Colorado statute.
C ll BILL
TITLE :
39, INTRODUCED BY C IL M Ell BILO, AS EAO 8
" HIG04Y SEC 0, PAS Ci
n ppo t on to 5 t I . •
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Englewood City Council Minutes
July 20, 1987 -Page 10
Ayes:
Nays :
Abstiin:
Absent:
Council Members Higday, Van Dyke, Bilo, Otis
Council Member Kozacek
None
Council Members Vobejda, Bradshaw
Motion carried .
(d) RESOLUTION NO . 21, SERIES OF 1987 INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE:
AN RESOLUTION AllOWING FOR A NEGOTIATED CONTRACT FOR THE SLURRY
SEAL PROGRAM Jg87 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SEC -
TION 116 (b) OF THE HOME RULE CHARTER AND THE ENGLEWOOD MUNICIPAL
CODE 1985, SECTION 4-1-3, AND AWARDING A NEGOTIATED CONTRACT FOR
THIS PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM .
MAYOR OTIS MOVED, COUNCIL MEMBER YAH DYKE SECONDED, TO APPROVE
RESOLUTION NO. 21 . Discussion ensued .
Ayes :
Nays :
Abshin:
Absent:
Council Member s Higday, Van Dyke, Kozacek , Bilo, Otis
None
None
Council Members Vobejda, Bradshaw
Motion u rrted .
(e) City Manager McCown presented Resolution No . ZZ .
RESOLUTION NO. ZZ, SERIES OF 1987 INTRODUCED BY COUNCIL MEMBER VAN
DYKE, WAS READ BY TITLE :
A RESOLUTION SUPPORTING AND AUTHORIZING AN APPLICATION TO THE
PUBLIC UTILITIES COfi'ISSION, JOINTLY WITH CITY OF SHERIDAN AND
STATE DEPARTMENT Of HIGHWAYS, DIVISION OF HIGHWAYS, Of THE STATE Of
COlORADO, FOR AUTHORITY TO TEMPORARILY RELOCATE THE ATCHISON, TOPE -
kA AND SANTA FE RAILWAY COMPANY'S TRACK AND FACILITIES ONTO THE
O£NVER AND RIO GRANDE WESTERN RAILROAD COMPANY'S RIGHT -OF -lAY
8£TWEEN BE l lEVIE AYE AND YAlE AVENUE THROUGH TH CITIES 0 LIT -
TLET , E G E SHERI , COlORADO .
0 ED, OR OTIS SEC D, TO APPROY
22 . Otscuss on nsued . Counc11 r Kozace re -
qu sttd that t 1 send a note to the Railroads shttng thlt th
1nters cl~on rec ntly co.pleltd has a bad d p and tt is hazardous .
Ay s :
Nays :
Counc 1 rs Hlgday, Van Dy , ozac , Bllo, Otis
Abshtn :
Ab t : jda, lradsh
ton err
I .
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Englewood City Council Minutes
July 20, 1987 -Page 11
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(f) Hr. McCown presented Council Bill No. 40.
COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER KOZACEK , WAS READ
BY TITLE:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR UPGRADING
HIGHWAY/RAILROAD GRADE CROSSING PROTECTION UNDER FEDERAL SECTION
203 PROGRAM AT QUINCY AND THE ATCHISON TOPEKA l SANTA FE AND DENVER
l RIO GRANDE WESTERN RAILROADS.
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HIGDAY SECONDED, PAS-
SAGE OF COUNCIL BILL NO. 40.
Ayes :
Nays :
Council Members Higday, Van Dyke, Kozacek, Bilo, Otis
None
Abstain: None
Absent: Council ~rs Vobejda, Bradshaw
~tion carried.
12. City Nanattr's Report
Hr . McCown responded to a question regarding two vehicles driven by Ci ty
E.ployees with plate nu.bers 147 and ISO. He stated that the cars re pur -
chased on a used basts several years ago for the Paving Districts . Th cos
of those cars as well as all of the necessary equl~nt to keep th going Is
charged to the Paving District . He also noted that those are t.-porary peopl
driving the•.
13. Ctty Attorney's Report
Ms. Reid did not have any .atters to bring before Council .
14 . '-neral Discussion
(a) Mayor's Choice
Mayor 0 s d d no hat any •alters to bring fort Co nc 1 •
(b) Council r 's C o ct
t1
rs Vo Jda, lr
t1 rr
I . •
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Englewood City Council Minutes
July 20, 1987 -Page 12
•
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Council Me.ber Kozacek asked that Ms. Romans work on Council Bill
No. 31.1 to ~nd it to allow her Staff to go in and work with the
residents individually, so that they would avoid applying for a
variance. He asked that there be an amendment to it at the next
Council .eeting.
City Manager McCown stated that perhaps they should wait until the
Ordinances were in effect before they bring back any amendments.
Mr. Kozacek asked that Staff expedite in any way possible the park -
ing lot for Meadow Gold and the lights.
Mr . McCown stated that the there are six 1 i ghts that have to be
installed in that parking lot, three of which belong to the City .
The City requested the lights three to four weeks ago. Publ ic Ser -
vice has requested a separate agre~nt with Meadow Gold to cover
the future electrical costs. The City is still waiting to get the
deed back and for Meadow Gold to consu.ate the agree.ent with
Public Service.
Council Mellber Higday asked the City Attorney 's office (at the ir
earliest convenience) to provide the Counc i l with a list of all of
the court cases in wh ic h the City is involved, the Attorney ass i g-
ned to each case, and how .uch ti.e and .oney we have spent on each
court case to date .
15 . AdjourMent
COUNCIL MEMBER HIGOAY llllYED TO ADJOlJRH . The .eeting ad journed at
10 :00 p •••
I . .
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PUILIC COIIEIIT IOSTO
DATE: .JULY zt. 1117
lilY PBs. MY SPDI. MnEIS OT1EI l1WI MDmA IT£115 FOI A MIIIIIR OF FIVE
IUUT£5. uat SUCH Pas. 5HDUlD 51. THIS PUILIC CCIIIIEIIT IOSTO. STATIII&
IIIIE. MIIIESS. -TOPIC Of COIIEIII.
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1. Call to Order
•
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EMLEIIOOD CITY COUNCIL
EMLEIIOOD, ARAPAHOE CotlfTY, COLORADO
Special Council Meeting and Public Hearing
JUNE 21, 1987
,..1 1-
The Special ~eting of the Englewood City Council was called to order by
Mayor Otis at 7:30 p.M.
Invocation
The invocation was given by Council MeMber Vobejda .
Pledge of Alleg iance
The Pledge of Allegian ce was led by Mayor Otis.
loll Call
Pre sent : Counc 11 fibers Higday. Van Dyke, Vobejda, Kozacek,
Btlo, Bradshaw, Otis
Absent :
A quoru. wa s pr s n
Also pres t :
2. Public r nt
Non
lo~nl R n
0
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Englewood City Council Minutes
June 29, 1987 -Page 2
•
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Council Member Vin Dyke referred to i stlte~~~ent which wu published in
the Sentinel stiting her opposition to the lindscipe Drdinince 16 .4-18 .
She shted for the record she was not opposed to puuge in spite of
serious concerns about the ca.position of the ordinance, however she
phnned to 1 is ten to the Public Hearing with an open Mind in order to
mike i decision based upon facts , opinions and viewpoints iS presented to the Council .
Mayor Otis stated that be c iuse of the serious concerns thit Council Mem -
ber Van Dyke had spoken of and because of the concerns expressed by the
Cha•ber of Ca..erce and the Planning and Zoning Co..ission, the Planning
ind Zoning C~hsion had asked the Council to table the landscape Or -
dinince 16 .4-18 and re.ind it bick to the. for further review .
MAYOR OTIS MOVED , COUNCIL MEMBER KOZACEK SECONDED, TO TABLE THE LANDSCAPE
ORDINANCE, SECTION 16 .4-18, AND REMAND IT BACK TO PLANNING AND ZONING
COMMISSION.
Ayes :
Nay s:
Abstain:
Ab sent:
Counc i1 Members H igday , Van Dyke, Vo jda, Kozac k,
Bilo, BridShiW, Otis
None
None
None
Motion carried.
Acting Director Roaans wa s sworn ln . Mrs . Romins subMitted the affidavit
of the Notice of Public Hearing published Miy 20, 1987 . She stated that
there re five sections of the Co.pr h nsive Zoning Ordtnanc being con ·
sidered for nO..nt during thi s Publ c Hearing, S c tons 16 .4·1
(Restrict ons), 16.4·16 (Flood Plain Regulations), 16 .5 (General Regula ·
lions), 16.7 ·4 (Violation and P nalty), and 16 .8 (Deflnl ons). Sh no
ed that each s ctlon uld be considered separat ly .
C un
ctl
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Englewood City Council Minutes
June 29, 1987 -Page 3
SECTION 16.4-1 (RESTRICTIONS):
•
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Mrs. Ro.ans read into the record a letter fro. Joel B. Huston, 3290 South
Ga hpago, s h t i ng his support of the aendllent to the Zoning Ordinance Section 16.4 -!.
Mrs. Ro.ins responded to questions fro. Council MeMber Kozacek, clarify -ing concerns about 16.4-1.
Mrs. Ro.ans read into the record a letter fro. the South Suburban Board
of Realtors stating their support of the a~~~end~~~ent to the Zoning Or -dinance Section 16.4 -1.
Council Mlllber Van Dyke asked hC* these changes ca.pued to co.parable
ordinances in the Metro area. Mrs. R011ans responded that it was her
understanding that Denver does not per~~it the parking of recreationa l
vehicle s, trailers, detached snC*plows, or trucks on the street.
Carol Salus, 4459 South Pearl, duly sworn, wa s concerned about a neighbor
on the north that is fixing, restoring, and towing aut0110biles on his
property which he works on through the day, usually quitting by 1:30 •·•·
She filed a co.plaint with the Pollee Oepart.ent June 5, 1987. Ms . Salus
wanted to know what her rights as a citizen are. Mayor Otis stated that
this ... ndlltnt was directed to exactly this type of situation. Joyce
Parsons, Code Enforc ... nt Officer for the City of Englewood, wa s sworn in
for testi.any. She stated that the City has given a notice of violation
J'e9arding working on cars in a front drlv ay, that both she and the
Pollee Depart .. nt have t cketed th t trucks. Ms . Parsons stated they
had don all they co uld and that th passage of th s ordinance would pro -vide .are enforc nt .
Walla ce S.lth, 4308 South Pearl , duly sworn, stated he works for a con -
struct ton co.pany and three to four t t•s a k drives a diiiiP rue
(13060 pcM,~nd s Mpty ght) h , ch h parked overn i ght . He asktd
that a provls t011 be aad f'e9ard1ng a tt 1 •H. suc h as 24 hours, to
enable ht• to contlnu do ng o. 0 scu slon ensutd . Council r
s tattd tha C y d pro btl 1 rg r trues fro. trav 1t
o t n al 1 r s ch no h r co n d r to •
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Englewood City Council Minutes
June 29, 1987 -Page 4
Erline Holten, 4439 South Pearl, duly sworn, stated she was in favor of
the ordinance.
Doyle Irwin, 1101 West Quincy, duly sworn, stated he was in favor of the
ordinance .
Ruth Manon, 4450 South Pearl, duly sworn, expressed her displeasure with
the towing business being run in her neighborhood.
Howard Brown, 3183 South Race, duly sworn, stated he was in favor of the
ordinance and urged Council to pass the ordinance and clean up SOlie of
the "eyesores" in the neighborhoods.
LaMor Warren, 3820 South Galapago, duly sworn, stated she was in favor of
the ordinance .
SECTION 16 .4-16 (FLOOD PLAIN REGULATIONS):
Harold Stitt, City Planner II, duly sworn, stated the City of Englewood
had received not I f1cat I on fr011 the Federal E~~~ergency Manage~~~ent Agency,
that there were certain ... na.ents and revisions to the Flood Plain Or -
dinance that were .. ndated by Federal Regulation. The changes are neces -
sary to bring the local ordinance Into c~llance with the Federal Reg -
ulations and as such, In one sense, these regulations are .. ndatory . We
have unt 11 Septellber 25, 1987 to have this ordinance adopted and for -
warded to Washington for their review. The Colorado Water Conservation
Board has reviewed and approved these ... ~nts . He further stated that
the proposed ... ~nts are necessary so we can .. tntaln the Flood In -
surance Progr .. with in the City of Englewood . If the a .. na.ents are not
approved, we risk losing that Insurance progr ...
SECTION 16.5 (G£M£RAL REGULATIONS):
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Englewood City Council Minutes
June 29, 1987 -Page 5
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COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER HIGDAY SECONDED TO TABLE
SECTION 16.5-5 -PRIVATE OFF-STREET PARKING STANDARDS.
Ayes:
Nays:
Abstain:
Absent:
Council Metlbers Higday, Van Dyke, Vobejda, Kozacek,
Bllo, Bradshaw
Mayor Otis
None
None
Motion carried.
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED TO TABLE SEC -
TION 16.5-14 -INTERSECTION SIGHT DISTANCES-OBSTRUCTION OF VIEW OF
MOTORISTS OR PEDESTRIANS .
Ayes:
Nays:
Abstain :
Absent :
Council Metlbers Hlgday, Van Dyke, Vobejda, Kozacek,
Bil o, Bradshaw
Mayor Otis
None
None
Motion carried. Other changes proposed in 16 .5 will re.atn In the
ordinance .
SECTION 16 .7-4 (VIOLATIONS AND PENALTY):
Mrs . RONns stated that because there were so uny conflict s In the
Municipal Code on the violation s and penalty sections we are atte.ptlng
to reference everything to Title 1.4-1 which says that any violation of
the zoning ordinance would co.. under the general penalty section of the ni c lpal Cod .
SE CTION 16 .8 (0 FJNJTIONS):
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Englewood City Council Minutes
June 29, 1987 -Page 6
COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER SILO SECONDED TO CLOSE THE PUBLIC HEARING.
Ayes:
Nays :
Abstain:
Absent :
Council Metlber Htgday, Van Dyke, Vobejda, Koucek, Bilo, Bradshaw, Otis
None
None
None
Motion carried.
COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER BILO SECONDED TO CHANGE THE
ORDINANCE TITLE TO OMIT THE LANDSCAPE ORDINANCE SECTION 16 .4-18 .
Ayes :
Nays :
Abstain:
Absent:
Council Member Hlgday , Van Dyke, Vobejda, Koucek , Bilo, Bradshaw, Otis
None
None
None
Motion carried.
COUNCIL BILL NO. 30, INTRODUCED BY COUNC IL MEMBER BILO, WAS READ BY TITLE:
M ORDINANCE AMENDING TITLE 16 OF THE ENGLEWOOD MUNICIPAL COOE (COM -
PREHENSIVE ZONING ORDINANCE), SECTIONS 16. 4, ZONE DISTRICTS; SECTION
16 .4-1, RESTRICTIONS; SECTION 16.4 ·16, FLOOO PLAIN DISTRICT; SECTION
16.5, GENERAL REGULATIONS; SECTION 16 .7-4 , VIOLATION AND PENALTY; AND SECTION 16.8 DEFINITIONS.
COUNCIL MEMBER BILO MOVED, COUNCil MEMBER BRADSHAW SECONDED, PASSAGE OF COUNC ll BIll NO . 30, AS AMENO£D .
~ s:
Ny :
AbHu
Ab ft :
Coun fl r Hlgday, Van Dy , Vo jda, Koza ce Bllo, Bradsha , Ot s
ft
0
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Englewood City Council Minutes
June 29, 1987 -Page 7
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COUNCil MEMBER BllO MOVED, SECONDED BY COUNCil MEMBER BRADSHAW, PASSAGE OF COUNCil Bill NO. 31.
COUNCil MEMBER KOZACEK MOVED TO AMEND COUNCil BILL NO. 31 TO ADD A
PROVISION TO WAIVE FEE OF APPLYING FOR VARIANCE FRCJII BOARD OF AD-
JUSTMENTS AND APPEALS TO RESTRICTIONS OF SECTION 6-3C-1. COUNCIL
MEMBER BllO ACCEPTED THIS AS A "FRIENDLY AMENDMENT" TO COUNCil Bill
NO. 31 . A VOTE ON THE AMEIOIENT WAS NOT REQUIRED.
Vote results on the Council Bi11 as ... nded:
Ayes:
Nays:
Abstain :
Absent:
Council Mellber Higday, Van Dyke, Vobejda, Kozacek,
Bilo, Bradshaw, Otis
None
None
None
Motion carried .
(b) COUNCIL Bill NO . 32, INTRODUCED BY COUNCil MEMBER BILO, WAS READ BY TITLE :
AN ORDINANCE AMENDING TITLE 11 , CHAPTER 1, ENGLEWOOD UICIPAL CODE
1985, ENTITLED "TRAFFIC ORDINANCE ."
COUNCil MEMBER BllO MOVED, SECONDED BY COUNCil MEMBER VOBEJOA, PAS -
SAGE Of COUNCIL Bill NO . 32 .
Ayes : Council .....,_rs Hlgday, Van Dyke , Vobejda, Kozacek,
Btlo, Bradsh .. , Otis Nay s: NoM
Abstain : NoM
Absent : NoM
t l on carr i ed . Ordinance No . 26 , Serie s of 1987 Is her by as s lg ·
ned to Cou nci l 8111 No . 12 .
4 . Mj.,..t
HI EO TO ~. T tlng ad ourn 1t
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1. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE CCMIITY • COLORADO
Regular Session
JULY II. 1987
5
The regular ~eting of the Englewood City Council was called to order by Mayor Otis at 7:30 p.m .
2. Invocation
The in vocation was g i ven by Council Member Higday .
3 . Pledge of Allegia nce
The Pledge of Alleg iance wa s led by Mayo r Otis .
4 . Roll Call
Present : Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Brad -sha w, Otis
Absent :
A quoru. was pres n
Also pr sent :
(a)
_l n I" I
Council MeMber Vobejda
City Manager McCown
Assistant C1ty Attorn y Reid
Director Ragland , ngln ering S rvlc s
Director Fonda, U Ill es
City Cler Cr
n 0
llO zz. 0, TO
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ENGLEWOOD CITY COUNCIL
July 6, 1987 -Page 2
6 . Pre -scheduled Visitors
(a) Mayor Ot is read the procla1ution commending Kr i sty Phelp s, Su san
Lowry and other staff members who partic i pated in the re scue of a
s even -year -old child at Sinclair School on June 16 , 1987 . Ma yor
Ot is i ntrodu ced Kristy Phelp s, Susan Lowry and the other t hree pe o-
ple involved , Patty Slewitska , Brad Anderson , Pam Alcock .
COUNCIL MEMBER HIGDAY MOV ED, SECONDED BY COUNCIL MEMBER KOZACEK , TO
APPROVE A PROCLAMATION COMMENDING KRISTY PHELPS, SUSAN LOWRY AND
ALL STAFF MEMBERS FOR THE RES CUE OF A SEVEN -YE AR -OLD CHILO AT SIN CL AIR POO L.
Ayes:
Nays:
Abstain:
Absen :
Coun cil Mem bers Higd ay, Van Dyke, Kozace k, Silo, Brad -shaw , Otis
Non e
None
Council Member Vob jda
Motion carried.
(b) Marie Gibson, 3065 South Corona, co -owner of the day care center -
Th Training Station, 2841 South Broadway, was present and inquired
as to why they were to be charged to use City Parks, which are con -
sider d public property. Ms. Gibson wanted to know the ration ale
behind the recently app roved resolution. Council Metlber Br adsh aw
explain d tha th •att er had been brough to th Parks and Recre -
ation Co iss1on as being a probl m for other citizens who wished
to u th par s , bu f lt h y could no du to th large numb r
of day Cilr c nt rs, etc., ov rlo din the par s . Ms . Gibson
r pond d to questions of Council, sta ing th fr day care c n er
brings 32 childr n to th parks three t s a .anth ; 751 of their
chlldr n ar Engl od r fd nc s: th g rang wh ch utll fz s th
par I S 3 years o 12 h chll dr n are clos ly
(c) J
(d)
( )
p r 1 d .
, S It
cl en ·
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ENGLEWOOD CITY COUNCIL
July 6 , 1987 -Page 3
tactics being used were quite heavy -handed . He further stated that
the real problems were the summer day camp operations, not the li -
censed day care centers; that this type of legislation would hurt
the smaller day care centers who don 't abuse the privilege of using
the park s. Their organ i zation makes an effort to teach the chil-dren to re s pe ct the parks.
The foll owi ng non -scheduled visitors addressed Council concerning the same t op ic:
(f)
(g)
( )
Juli a Hi l l , YMCA , stated that the additiona l fees requ i red by
Res olut i on No . 18 would create a hard s hi p on the i r organ i za tion as
th ey op era te on a l ow budget and wou l d hav e to pa ss any add iti ona l
charg es on to t he fam i l i e s they serve .
Joa n Wha tton , 4886 South Logan Street, Assistant Direc t or of La
Petite Ac ad emy, Littl e ton , felt th is action wa s a disc r imi nati on
against small chil dr en, t hat children are not res ponsi ble for ir-
responsible teachers . She furth r s ated tha she was aware of
which groups were causing the probl ms, and when asked, she stated
tha sh would be w1lling to share that information.
Council Kelllbers Hlgday and Bradsha w responded to Ms. Whatton, both
basically stating that it wasn't fair to Englewood citizens for
"for profit" organizations to use the Englewood parks to subsidize
their programs, th reby 11aking a profit of that use . It was fur -
th r stated that 601 of the play qulpmen had to be r plac d last
y r at an approlCIIIate cost of $4 0,000 .
0 r tor uhn, Par s and Recreation, confln.ed th co t of th
pl ed qU1PMnt, and Nntlon d the "per.lt w thout charg • lch
could be applied for by day care c nters . The aajorlty of hos In
th aud net r not aware of 1 per.! wl h u cha"9 be ng
lVI 1 1
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ENGLEWOOD CITY COUNCIL
July 6, 1987 -Page 4
be addressed, but in a proper 111anner by .onitoring, collecting statis-
tics, and making reca.endations rellting to 111 groups using Englewood
Ptrks. Not through i~ulsive or re1ctive ptsstges of resolutions. Ms.
Van Dyke shted th1t she would vote once 1g1in in opposition to the resolution.
Ayes :
N1ys:
Abshin:
Absent:
Council Members Higday, Y1n Dyke, Koz1cek, Bilo, Brad -shtw, Otis
None
None
Council Me.ber Vobejd1
Motion carried.
COUNCIL MEMBER HIGDAY MOVED, COUNCIL MEMBER BRADSHAW SECONDED, TO RESCIND
RESOLUTION NO. IB WITH THE UNDERSTANDING THAT THE MATTER BE FURTHER RE -
VIEWED BY THE PARKS AND RECREATION STAFF.
Before 1 vote WIS t1ken, sever1l additional visitors spoke concerning the 111atter:
(I) Austin Go s, Parks and Recreation COMissfoner, residing at 3170
South Hu111boldt, advised Council that the City of Denver Parks and
Recreation Oep1rt-ant charges SIS per d1~ per park for su~~~Mer day c1mps .
City M1nager McCown stated th1t City Council Melber Ted Htckworth
had contact d hl111 to clarify th1t Denver did not have a policy to
day car c nt rs, only su..er d1y ca~s .
(j) lynn Ph11 bos an, 2985 South Pennsylvania , CCJIIPltln~ about th
nllllber of ch 1 dr n are under the car of dl.Y CIIIPS/care c nters
stat ng sh and her f lly felt dlscri• nated 191lnst . She further
sta ed tha h r f l d s not use h S nclair Pool for th s r uon .
( )
r H
y, V n D , 01 1 lo, r •
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ENGLEWOOD CITY COUNCIL
July 6, 1987 -Page 5
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po ssi ble unsupervised groups who cause destructions in the parks will be
prevented fro. COMing back to the parks . It was further suggested that
Di re ctor Kuhn take the na111es and addresses of those people addressing Counc i l concerning this •atter .
* * * * *
Bob Beattie, Attorney at Law , addressed Council as a pre -scheduled vis i -
tor. Mr . Beattie was present representing lnten.ountain Resurfacing con -
cern i ng the slurry seal progra• and contract between lnter.ountain Re s ur -
fa ci ng and the City of Englewood . He stated lnten.ountain 's posit i on to
sett l e and re solve th e dispute ex is t i ng concern i ng this contract . He
called for an i ~diate de cisi on , and was inforlled by Council Member s
t hat the .atter would be turned over to the legal staff and the Eng i neer -ing Oepart ~nt for a dec is ion .
7. Non -scheduled Visitors
There were no additiona l no n-sc heduled visitor s other th an t ho se wh o ad -
dressed Co un cil con cerni ng the fee po licy fo r use of Eng l ewo od Par ks. (See 6 (f ) t hroug h (k).
8. ~tcattons and Procl .. ttons
No ca..unications or additional proc l a.ations we r e r ecei ved .
9 . Consent Agenda
COUNCIL MEMBER SILO MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) THROUGH (c) .
(a) Minut s of the Board of Adjust.en t and Appe als ~ting of May 13, 1987 .
(b ) Minut es of th Urban R n al Authority .. et i ng of Jun 3 , 1987 .
(c) Mfnut s of th brary Adv isory Board tt f "9 of J un 9 . 1987 .
A rs Htgda , V n 0 , oz c , B lo, r d·
10 . 'u~l t c Mer nt I .
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ENGLEWOOD ClfY COUNCil
,July 6. Pl07 ra<l" 6
( .11 llit·.,, "'' Hag I ancl presented a reco.endit ton fr011 the Depart11ent of
lnlllneertnq Servtres to award the low bid for closure of the under -
•lrnund ra..ip ilf West Girard Avenue and South Ehtt Street . The
ll••9iondl lr11n porhtton District has agreed to share 50/50 the cost
uf this l11prove~~ent to the flow of traffic tn and out of Cinderella
City. The ra~~ps will be closed Into the underground parking lot at
the shopping center . As tt ts, the rup presents a hazard for
potential flooding as well as a hazard to traffic.
(b)
(t)
COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER BILO SECONDED, TO
AWARD THE CONTRACT TO CONCRETE WORKS OF COLORADO, INC., IN THE
AMOUNT OF S26,936 PLUS CONTINGENCIES AND COST OF TESTING, FOR A TOTAL OF S30,583.
Ayes :
Nays :
Abstain :
Absent:
Council Me.bers Htgday, Van Dyke, Kozacek, Btlo, Brad -shaw, Otis
None
None
Council Me.ber Vobejda
Notion carried .
Director Fonda presented the reca..andatton fro. the Uttltttes Oe -
part .. nt to authorize the rezoning of the Mclellan Reservoir property .
COUNCIL M£ ER BRADSHAW MOVED, COUNCIL MEMBER BILO SECONDED, TO
AUTHORIZ TH CITY IWWIER TO SUBMIT REZONING TO THE MCLELLAN
RESERVOIR PROPERTY IN DOUCLAS COUNTY .
Ay s:
Nay s:
Abst n:
Ab n :
rr
rs Hlgday, Van Dyk , Kozacek, 8 lo, Brad -
r Vo da
De ·
nt
lo
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ENGLEWOOD CITY COUNCIL
July 6, 1987 -Page 7
(d)
COUNCIL MEMBER HIGDAY MOVED, COUNCIL MEMBER BILO SECONDED, PASSAGE OF COUNCIL Bill NO. 36.
Ayes:
Nays:
Abstain:
Absent:
Council MeMbers Higday, Van Dyke, Kozacek, Bilo, Brad -shaw, Otis
None
None
Council MeMber Vobejda
Motion carried.
RESOLUTION NO . 20, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE:
A RESOLUTION APPOINTING NANCY N. REID, ESQ. AS ACTING CITY ATTORNEY
FOR THE CITY OF ENGLEWOOD, COLORADO, AND FIXING HER SALARY FOR THE
PERIOD OF TIME SHE CONTINUES IN THAT CAPACITY .
COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 20, SERIES OF 1987 .
A~es :
Nays :
Abshin :
Absent :
Council MeMbers Higday, Van Dyke, Kozacek, Bllo , Brad -shaw, Otis
None
None
Council MeMber Vobejda
Motion carried.
12. City Nana .. r 's hport
City Manager McCown rec~nded that the date of August 3, 1987, 7:30
p.•. be established for a pre -budget public hearing , stating this wa s not
required by Charter. However , ft would provide an opportunity for citizen Input before the budget Is co.pl ted .
COU Cll ME ER HICOAY MOVED, COUNCIL Mt £R BILO S CONOED, TO SET A PR -
BUDGET PUB IC H ARI AT 7:30 P.M. AUGUST 3, l 7
Ay :
Nay s :
Ab tatn :
Ab nt.
tto cnr
Council
• 0
t1 r o jda
13 . City Attorftty ' ltpor
c Att y ld d d
, ozac , 811o, r d·
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ENGLEWOOD CITY COUNCIL
July 6, 1987 -Page 8
14. General D1seuss1on
(a) Mayor's Choice
•
• •
Mayor Otis announced the reappointlent of Bradley Zieg to the En-
glewood Housing Authority effective i-.ediately to a five-year ten~ expiring July 1, 1992.
15 . Acljou,.._.t
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. The .. eting adjourned at 9:06 p ••.
•
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11.
1 11.
•
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9
ENGLEWOOD HOUSING AUTHORITY
Board of Co-.issioners
Apri 1 29, 1987
he Regu AI -Meeting of the Englewoo d Hous1ng Authority Bo rd
I' COIMIIS S ione,·s was called to order at 7:40 p.111. on Apr1l
29, 19H7 , At SIMOn Center, 3333 South Linco ln St.,
Englewood, Colo r ~do, 80 11 0, by Tho•As 3. Burns , Cha1rperso n .
M l!lbers es n t. Tho111a.a 3. Bur "'• C a1 p-erson
V l II! Las • 1c ChA r p rtJ'ln
PAlMer, ComM Jii tiloner
o2 a c , CoM•1sa1on -
y Z1 eg, Co•m 1a 1oner
ao r • '' • , ~ • on
14l•n 11. le1
1'1 A. /A•1 ,
to
t
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•
E -gle<'!O :)G ~OUlilng Authority
B r a ·-d of C'..o mmissioners
RPgu lar 1'1eeti1"'19 -Aprll 29, 1987
v es:
~a y s :
Abs ta1ned:
Abs ent:
Lash, Pal .. r, Zi-v
Non.
Burns, Kozacek
Non.
•
• •
lT WAS MOVED BY Cor.MISSIONER GARY KOZACEK THAT THE MINUTES OF THE ANNUA L
MEETING OF THE ENGLEWOOD HOUSINB AUTHORITY BOARD OF COI'I1ISSIONERS HELD
MARCH 2~, 1987, BE APPROVED AS PRESENTED. COI9HSS I ONER NORLEEN PAU'IER
SECO NDE D THE I'IOTI ON .
y vs:
'4ays:
bstouned:
bs nt :
Burns, Pal •vr, Kozace , ZlRQ
No n
Lash
None
I'IOVED BY
T
t'!l, 1987 .
COI9HSS1
E LE WOOD
>EC:ONIDE U T I'IO T I ON.
Th Ch ar n
v .
0
tlon rl.O,
end
tl'l ,. y c
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l1gl wo o d ~ous1ng Authority
-ct o ~ Comm1ss1~ners
~~~l r Meeting -April 29, 1987
'/.
/I.
Thv project nu.bvrs assionRd by HUD to thv Sect1on 8 Ex.
Cert1ficatv And Vouchvr Progra•s NRrv discus~ed.
A lvngthy di~cussion Rnsuvd rvoarding the possiblR @VlCtl o n
of A public housing duplvx tRnAnt for non-pay-.nt of rent.
D1scuss1on vnsuvd rvoarding thv suoovst1on that the rR~Aining VACAnt ARRP unit be rented unt11 it NAs sold.
B.
It NAS the dRCl S lOn Of the CO .. l SS lOner s thAt A
spec1•l -Rt1ng be scheduled for Wedne day, May 20,
1987 at 6:00 P·•· •t thv S1~n Center to 1dvnt1fy
•nd d1 s c uss goal s , obJec t1ves, and/or •tr Ategles for the EHA.
t
Th lett r f ro• the
o f th Oep
Co l or do Nh
Co •~n ty
~ t Cl f
I • •
-
•
•
•
• •
t ngl.: oc•j Hous1.ng Author 1ty
~o~rJ of Co mmi ss lL ners
o,e ;;u.a r Me eting -Ap r i 1 29, 1987
D1 scussion ensued r-varding the proposed
react1vation of the investor loan progra• whereby
loan funds would be used in conjunct io n ~1th th e
Rental RRhab PrograM Mhich rRquires investors t o
aatch the RRP loan with non-RRP aon1es. The
p r oposed investor loan progr.. ~uld assis t those
1nvestors Mho do not have or Mho choose not t o u se
their own funds as the rRquired .. tch for the RRP .
IT WAS 11 0VED B eot91ISS IONER NORLEEN PALI'1ER THAT THE HOUSING REHAB PROGRA11
BE AMEN lED TO I NCLUDE AN INVESTOR LOAN PROGRM. THE MOTION WAS SECONDED
l\ L ~Ml'SIONER B~ADLEY ZIEG.
A s: Bu rns
N<~.ys : No,.
bsta1 e:S: None
Absent: re
T • c
D.
Vtl •
'lit •
L•sh, PalMer, ozace ' Z1 Q
;urm.an declar d the 1110t1on carr 1ed.
OJscuss1o n nsued reg rd1ng the po ss 1ble acqu1S1t1on
o a prop ty upon Whlch • for closure has been
ftled. The va r 1ous opt1on avaJlable to t HA
d1 cu s.d t leng h. The Mecu 1
ted t o obta 1n a cost est1 te
d v lop dupl x 1,m1t on
operty s1nce th lot 1s l a g
tiPht and •• zoned fo
nty.
I •
-
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'•
'.
J c.
"l I
•
•
• •
--,ou;. · ~ AL th o . t y
~C·mt:l:~~!o ne r:;;
~ f'2 1 'Q -Ap r1 1 2 9 . 1 '78''
B · ~3~8Q __ l~§::_ __ ~Q!!f].!.§§!Q!J~[~..:._b~~Q~[§QHL!;.;QDf~!:~!J £~-l!L
~~-bQJm&-~~llfQc n A~~-JYl~-~Q -=_a~g -~~-1!§7~
1 ~0 0 Wlt'1 b r 1ef dlSCUSSlO n .
. ~n~~~~1Dner No r l een P~l e r r epo r t d that the-~As
~ Al--Ru Sta te Nom 1r1 ~ting Comm t tt e ME' t1ng . The
o.s 1~1cn o f V1ce P r es 1den t fo r ComwtSSlO er s wa s
_ .~1 o pen for noA lna 10 s d Co mm1 s stoner F lmer
,lr--ec. t·,,r; th1s woL•!d be 3 9'-•r.d o pp or tuntt fo,-"
H· ~t:;.,.-c t e EHA 6oar d o f Co 1111 sston"!-t c becc·m •
fl. I t! 1'1 ''0 1 eo ~~ tt-NAHRO. A 5" n?t .... .,. ':hi!
~~ t .• n o ~ Al ~ ·e11s 1 n for the pes t1~n ~ ~r
1!1 ~-es t c nt 0 t ? ~~!or jg ~'·=· c~ap t er ~f t~H f].
0
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Englewood Housing Authority
Board of Co-.issioners
Regular "-eting -April 29, 1987
X.
IT WAS l'llVED BV
I'£ETI NG OF THE
HELD APRIL 29,
..:JTION.
VICE CHAIRPERSoN VALERIE LAST TO ADJOURN THE REBULAR
ENBLEWDOD HDU8 INB AUTHOR I TV BOARD OF COfoloti SS I ONERS
1987. COfolotiSSIONER BARV L. kDZACEK SECONDED THE
Ayes a N•v••
Abst•irwch
Ab-nta
Burns, L•sh, P•l .. r, koz•cek, Zl-v
No!W
No!W
No!W
The Ch•ir••n decl•red the ~tlon c•rried.
The R-vul•r ..._tli"'Q of the E1"1Ql-.ood Housii"'Q Authorl ty
Bo•rd of eo .. l.•iotWr• held April 29, 1987 •djourrwd •t
9a30 P·•·
D
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I.
II.
•
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9 A
ENGLEWOOD HOUSING AUTHOR lTV
Revular ..._tino
"•Y 27, 1987
The Revular ..._ting o~ the EngleNood Housing Authority Bo a d
o~ Co .. issioners Nas called to order at 6a40 P·•· on "ay 27,
1987, at Si~n Center, 3333 South Lincoln St., Engl-.ood,
Colorado, 80110, by Valerie Lash, Vice Chairperson.
"--bers P re .. nta
"--bers Absenta
Also Pre enta
Valerie Lash, V ce Chai r per son
Norl .. n Pal .. r, Co .. isstoner
Gary L. Kozacek, co .. isstoner
Bradley Zi ev, co .. ••• one
Tho••• J. Burns, Chatr• n
Alan "· Feinstetn,
EM utive Dtr tor
"-y A. Ryan
Record no etary
n •
• I
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EHA BOC R~u 1 ar 11tg
05/27/97
IV.
v.
VJ.
There were no visitors sch~ul~ to
l'ltteting of" the Engl-...ood Housing
co .. issioners held this date.
attend th
Author1 y
Regula r
Bo ard of
The EKecutive Director gave • report on the reorgan1zat1on
of" the Englewood Housing Authority Occupancy D1v1sion. A
new position was created entitl~ •Occupancy Supervisor".
The person f"illing this new position 1s ~r• Involved wt th
all three EHA progra••J na.ely, Public Housing and Section B
EKisting •• Nell as Section B HeM Construction.
The physical changes in the nner of"f"tce structu at S 1 n
Center to acco~date thts Occupancy D1vis on reorgan1zat1on
were eKplained to the Board.
The recertif" cat ons done in April of" 1987 showed • decrease t
in r•nts pa1d by Si~n Cent•r residents of" fou p r •nt ar
a decree.. 1n r•nts paid by publ c houstng t•nants of s v
percent. Th... decreases 1n rents pa1d Ne r• attrtbut d t
deer••--• 1n 1nterest pa1d on lnv .. t .. nt•, ... lle
in soc1al -.cur ty pay .. nts and an
btlls.
A.
I .
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EHA BOC R~ I'U9
05/27/87
•
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IT WAS I'CJVED BY BRADLEY ZIEB THAT THE ENBLEWOOD HOUSING AUTHORITY USE THE
RESIDENTIAL APPRAISAL REPORT BUBt'IITTED BY HAPPEL AND ASSOCIATES TO SET THE
PURCHASE PRICE OF 1!107 W. BAKER AVENUE AT SSO,OOO.OO. THE l'tOTION WAS
SECONDED BY BARY KOZACEK.
Ay•s•
Nays•
Ab•tairwd•
Ab••nt•
La~, Pal .. r, Kozac•k, Zi~
Norw
Norw
Burns
Th• Vic• Ohairp•rson d.clar~ th• .otion carri~.
IT WAS I'CJVED BY BARY KOZACEK TO SET THE "INI""'" FMILY SIZE, FOR POTENTIAL
PURCHASERS OF THE HOUSE AT I! l 07 W. BAKER AVENUE, AT THREE PERSONS.
NORLEEN PALtER SECONDED THE f'WlTI ON.
Ay-•
NayS I
Abstairwd1
Ab-nt1
La~, Pal.-r, Kozac•k, Zl~
Norw
Norw
Burns
Th• Vlc• Chaarp•rson d.clar~ th• .otlon c•rri~.
Il
• Zi ~
Va
T
HOUSE AT 2107 W.
f'W)TJON.
a on
0
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EHA BOC Reg "tg
05/27/87
•
• •
IT WAS I"'IVED BY NllRLEDI PAU£R THAT POTENTIAL BUYERS OF THE HOUSE AT 2107
W. BAKER AVENJE "'-'ST BE FIRST-TII'£-+«»£-BUVERS COR NOT HAVE CUED A HO
FOR THE LAST THREE YEARS). &ARY KOZACEK SEc:c::JiofDED THE NlTION.
Ayes:
Nays a
AbstaillRd:
Absent a
Lash, Pal .. r, Kozacek, Zlwg
None
None
Burns
NCIRLEEN PAU£R fCJVED THAT, IN THE EVENT 11DRE THAN ONE ELIGIBLE PURCHA
CONTRACT IS RECEIVED FOR THE HDUBE AT C!l07 WEST BAKER AVENJE, T
ENGLEWOOD REHABILITATION LOAN ~ITTEE WILL RANK THE CONTRACTS ON A
PRIORITY BASIS. THE PRIORITIES ARE AS FOLLOW& a C 1) ..UST BE A FIRST-TI
HOP£ BUYER, OR NOT HAVE a..€0 A HOP£ FOR THE PAST THREE YEARS' C 2) NJST Elf"
A RESIDENT OF AND/OR a.LOYED IN THE CITY OF ENBLEWOOD, AND C3)
FAf'IILY WITH SCHOOL CHILDREN. GARY 'OZACE SECONDED THE NlTION.
Ay s a
N y t
Abst 11lRda
Ab nta
Lash, al .. , oz a • , Z 1wg
None
None
Burn•
I .
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EHA BOC R~tg f1tg
05/27/97
Th1t Executivlt Director ltMplainltd that thlt l•as e opt ion
agr .... nt pr ... ntltd MAS basltd on thlt •••• l ease used
~or thlt •ark•t r•nt unit s Mith an additional p rovision
to alloM ~or th• unit to stay on the sales Mar e
Mhil• b•ing r•ntltd.
Paragraph 21 o~ th• L•a .. Option Agr• ... nt Ma s a .. nd ed
to d•l•t• thlt a.ount b•ing asked ~or 3034 S. Ga lap a g o
St. in ordltr to .. k• thlt Agr .... nt ~r • gltn.r &c .
Paragraph 21 MAS also a-ndltd to change the MD r d ing
regarding hoM the aecurity d~tposit MOuld bit hand lltd in
the •vent th• l•a ... purchasltd th• property .
IT WA S
Af£NDED.
110VED BV BAR V KOZACEK TO APPROVE THE EHA LEASE OPT I ON AGREEI1E NT AS
NORLEEN PALI'£R SECONDED THE f10T I ON.
Ay•s a
... )lSI
Ab s ta i nltda
Ab .. nta
Lash, P•l-r , Ko z a c •k, Z ieg
Non.
Non.
Burns
Th• II Cit Cha l rp~tr so n d~te la r ltd t he ~t on c a rr<d.
D.
h "'
Llil
Lengthy d iscu ss i o n ~tnsued r evar d&ng
p urchas &ng the s lte loca tltd at 2 184 W.
Ma s •x pla i nltd tha t th• p r operty ls a thr
on.-ba t h , 1 ,056 squa re ~-t unit M th an
gar~. Th• unit • h anchcap -retro
s1z1t is 60' x 270' and large
lonel duplex to b• bu l adJac~tnt to
ure. • nste1n -. d r tltd t
rtvu to bulldtno dupl~tx
nt to xla ng str tu •·
I .
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EHA BOC Rttg "tQ
OS/27/87
VI I.
VIII.
IX.
x.
Noted with brie~ di~ussion.
Noted with brie~ di~ussion.
~L~
A. ~iaai~•~-~i~•
Vice Cheirp~son Lesh steted that rttgret~ully, du• to
prior co .. it .. nt• and tt .. constraints, sh• would be
unabl• to b~o.. ..,re ectively involved •ith NAHRO
than she ..... at thi• point.
Ew~utive Dir~tor Feinstein SUQQ .. ted that in order
to provide ..,re stratevic plan• to l~l ... nt the EHA
Boals •• .. t ~orth at the ... y 1!0, 1987, Boa)
"-etlnv, Dorothy Ro .. ns, Actinv Dir~tor o~ Co.aunt
Develop .. nt, should be anvited to the •tudy --•••on ot
the .June 1!4, 1987 EHA Board o~ Co .. i•sloners "-et "9·
IT WMi "~WED BY &MY KIJZACE)( T*T THE REa• AR fEETINB OF THE
HOUS I AUTHOR I TV BE AOJotREJ). WOOD
Lallh, el-.r, oz
None , Z aev
Th V e
P·•·, Wed
Chaar n I red the ... t nv adJou ned v •... ., 1!'7, 1987.
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
JUNE 3, 1987
The meeting was called to order at 7:40 p.m . by Chairman Styes .
Present: Waddell, Mclaughlin , Lunders, Styes Absent: None
The Chairman declared a quorum present .
* * * • •
WADDELL MOVED, SECONDED BY MCLAUGHLIN, TO APPROVE THE MINUTES OF MAY 20, 1987 . The vote resulted as follows :
Ayes : Waddell, Mclaughlin, Lunders, Styes
Nays : None
The Chairman declared the .ation carried.
* • • • •
Chairman Styes announced 1 continuation of the Hearing for 1 Transfer of
Ownership for Helen B. Garcia, d/b/a Ma gnet Inn, 2B93 South Broadway. Mr s.
Garcia presented the Authority with the docu~ntation on the assign.ent of the
note for Se rf 's Restaurant l Bar and a stat~nt clarifying her secretarial
position with Sheraton DTC. The Authority reviewed the Information.
MCLAUGHLIN MOVED , SECONDED BY WADDEL L TO APPROVE THE TRANSFER OF OWNERSHIP FOR
HELEN B. GARCIA 0/B/A MAGN ET INN, 2893 SOUTH BROADWAY . The vote resulted as follows:
Aye s: Wadd ell, Mclaughlin, lunders, Styes
Nays : None
TH Chairman declared th .at i on carried .
• * • • •
Ch11rman Stye s announced the Show Cause Hearing for Hilda 's Cafe Inc ., 4386
So uth Broadway . H r qu sttd that anyone o t stifles, other than attorn ys,
sworn ln . The attorney representing Hi lda 's Ca Inc . and individually
Ca nand Charle s Bl izzard was 1d ntlf i td as Steve Jon s (Supr Court No . 8587).
I .
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Mr . Bock called Detective Clay Forington to the stand.
Th is witness testified as to his background and training .
He stated that some of the outward signs of intoxication would be slurred
speech, watery eyes, impairment of balance and coordination.
Mr . Forington stated he went to Hilda's because of an anonymous call of possible prostitution activities at Hilda's.
Mr . Jones objected to this statement . Chairman Styes stated his objection would be noted.
Mr. Forington noted that he did not observe any evidence of prostitution at
Hi lda 's, but he did observe a liquor law violation. He observed a visibly
i ntoxicated person served a malt beverage (beer). He stated the person wa s i dentified to him as Melvin Moore.
I
(
•
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would receive a summons for the violation, and would be released upon her
signature for the summons.
Forington noted that in the past two weeks he had gone into Hilda's Bar
approxiaately five tiaes atteapting to serve Mr. Moore with a subpoena to
attend this hearing .
Mrs. Hart presented City Exhibit No. 1 (State of Colorado Liquor License for
Hilda's Cafe Inc .) and City Exhibit No. 2 (City of Englewood Liquor L ~cense
for Hilda's Cafe Inc.). The board accepted thea into evidence.
Mr. Jones questioned Mr. Forington regarding his previous testi.any stating
the outward signs displayed by a visibly intoxicated person. Mr. Jones asked
him if it were possible that these saae characteristics could be attributed to
a person who had suffered a stroke? Mr. Forington aO.itted that could be
possible, but that he was not that faailiar with stroke victias. Mr .
Forington responded to questions froa Mr. Jones regarding the nuaber of beers
he observed Mr. Moore carrying, his behavior and the tiae fraae involved. Mr.
Jones asked hi• if he was also drinking . Mr. Forington stated that the entire
tiae he was in there he drank one coaplete beer and approxiaately half of
another beer. Mr . Jones inquired as to why he arrested Mrs . Blizzard when he
could have issued a County Court S~ns to appear as she does not have a
prior record . Mr. Forington said it could have been done that way .
Chairaan Styes asked why Mr . Forington tried to serve the subpoena for Mr .
Moore in the bar. Mr . Forington replied that the address the Police
Oepartaent had for Mr . Moore was next door to the bar. The Court Marshal had
already atteapted to contact Mr . Moore at his residence.
Mr . Bock asked Mr . Forington if he had been advised by Mr . Moore, his daughter
or anyone in the bar that Mr . Moore had had a stroke in the past. He stated
they had not . Mr. Bock asked why he had chosen to take Mrs. Blizzard to the
station rath r than issuing her a ticket in the bar itself . Mr. Forington
stated ht had wanted to interview her away f~ the ca..otion of the bar so as
not to dhrupt the presence of the bar an~re than it had to be. He wanted
to conduct the interview in a cal• ataosphere.
M . Jone s as ed Mr . orington if he ever actually observed anyone serve Mr .
or th las t beer . Mr . Forington stated that he had not, that the beer was
si lt i ng i n front of Mr . re n he returned .
h
tch n to th stand .
. CH • 3 ( ngl t .uhtor
ul
I •
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Mr . Lichen explained that an intoxilyzer Measures the alcohol content of
ind i viduals. He explained that the solution has to be changed every seven
days to insure a proper reading of the alcohol content . He stated that after
he changed the solution he tested the •achine to make sure it was operating properly .
Ci ty Exhibit No . 3 was accepted into evidence.
Mrs . Hart called Patrol.an Robert Fieger to the stand .
Mr . Fieger stated he has taken the basic OUI enforce.ent training through the
State of Colorado and the Colorado Police Officers Acad~. He was certified
to operate the CMI lntoxilyzer by the Colorado Oepart .. nt of Health on March
17 , 1987 . On that day he was di spatched to 4386 South Broadway, Hilda 's Bar,
to .. et Detective Forington on a liquor violation . His test i .any supported Mr .
Forington 's regarding the behavior of Mr . Moore . Mr. Fi eger transported Mr .
Moor e to the Police Station and processed hi• through as a detox .
Mrs. Hart pre sented City Exh i bit No . 4 (Copy of .ug card 1.0 . and copy of the
lntoxi lyzer tes t record of Mr . Moore done by Mr . Fi eger).
Mr. Jo nes ob jected to t he Auth or i ty hear i ng a purported result of a ch .. fc al
test stating he had so.. objections t o •ak e fn t er.s of i t s f oundat i on before it coul d be ad•itted.
Chair.an Styes as ked hi• t o .ake his objections.
Mr . Jones stated tha t fi r st of all there ha s bten no i de nt i f ic at i on that the
test does i n f ac t rel ate to an Indi vidu al who is he r e t od ay or can be
Identified as the sa.e person that wa s taken ou t of the ba r. He al so s tated
that even the rules and regul ations of the De pa r t .. nt of He al th r equ ire that
there be a showing t hat the .. chine as we ll as t he oper ator be cert ified and
that this showing ha s not been done. The subject should hav e betft obse rv ed
fort nty •inutes to Insure that he did not ngest any foreign .. teri al , or
didn 't burp or do anything else that ~uld a ffect th a lerting of the t est,
because It 's a breath test . He stated tha t this fs ba ste found ation .. t erlal for a purpose .
Mr . Bock stated that they are p~artd to go throug all the steps to Insure
tha th .. chi ne u operating properly If 11« ssary and be IS technical IS n eded .
c 1 hh b t o. 4 tt
Mr .
sh on
t t
• F r 0
If
lnt It
ton M . ore wa a .173 .
tea td lle o ra tng a
Ill~ OUt h UStody
I • •
•
• •
Mr. Jones questioned whether a person chewing gum or tobacco would affect the intoxilyzer test. Mr. Fieger stated "yes it can".
Mrs. Hart called Philip Dewing, Englewood Municipal Court Marshal, to the
stand. Mr. Dewing testified that he atte.pted to serve a subpoena to Mr.
Melvin Moore of 4384 South Broadway, Apart~nt No. 2, approxi.ately eight or nine ti111es.
Mrs . Hart called patrol.an Tony Chappell to the stand.
Mr . Chappell testified that he had been dispatched to Hilda 's Bar to meet
Investigator Forington. His testi.any supported Mr. Forington's observation s concerning the condition of Mr. Moore.
Mrs . Hart presented City Exhibit No. 5 (lntoxilyzer Test Record perfo~d on Detective Forington).
Mr . Jones objected to this evidence on the s~ grounds as before.
Chain~an Styes acknowledged the objection .
Mr . Chappell stated he perfo~d the intoxilyzer test on Mr . Forington, the results were .009 .
Mr. Chappell testified that he took Mr s . Blizzard to the pol ice station and
was involved in writing up the report on her. At 8:25 p.•. he a~inistered the lntoxilyzer test on Mr . Forington.
City Exhibit No . 5 wa s a~itted into evidence .
9:20
•
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Nays: None
The Chairman declared the motion carried.
Mr. Jones called Brock Adams-landon to the stand. Mr. Landon stated he is
employed by the Englewood Public Schools as a teacher. He stated that he has
frequented Hilda's for approxi•ately three years. Mr. Landon explained how
the character of the bar had changed with the new owners. They re.odeled and
a lot of the clientele changed. He stated Mr. Moore was a previous customer
who continued to frequent the bar, he further noted he observed ht• in the bar
perhaps twice a week. Mr. Landon noted that he usually stops so.ewhere
between 3:30 P·•· and 5:00 p.•. He conflnled conversations he had had with
Mr. Moore concerning a stroke he had and the proble.s he has had since then.
Mr . Landon satd Mr. Moore apologized one tt .. for not calling ht• (Mr. Landon)
by his first na .. stating he called al~st everyone "Captain", because he had
trouble r....O.ring na .. s. Mr. Landon noted that every tt .. he had seen htm
his balance was off, his speech was never really clear, and he had trouble
maintaining one thought for any length of ti... Mr. Landon was in Hilda's the
night of March 17, 1987, fro. approxi•ately 3:20 p.•. to 5:10 p.•. He stated
that Mr . Moore frequently ·~oched" beers and regular patrons were aware of
this and therefore kept an eye on their beer. He stated that the behavior the
police described of Mr . Moore was pretty consistent with the way he had always observed Mr . Moore to be.
Mr . Bock cross-exa•ined Mr . Landon. Mr . Landon stated that he did not see Mrs .
Blizzard serve Mr . Moore, nor did he see hi• take beer fro. another pitcher .
Me.cer Mclaughlin asked if the patrons were all~ behind the bar to serve
the.selves . Mr . Landon noted that this was not allo.ed under the new ownership .
Mr . Jones called Robert Kunce to the stand . He tes lt fi ed that on tt.rch 17,
1987 he wa s n Hilda 's fro. about 4:00 p.•. to 5:15 P·•· and that the only way
he kn s that Mr . Moore obtained beer that night was to ·~h· fro. other p ople.
Mr . Boc cross xa.tn d Mr . Kunce . Mr . Kunce stattd that tt wa s possible Mr s.
81 zzard s rv d Mr . Moort, but he had not se n tt . He noted that he dfd see or pour ra. th p tchers Into his glass .
I
....... •
• ..
taken her out of her place of business. She also noted that she had
personally served Detective Forlngton four beers, he drank three and left the fourth one unfinished.
Member Lunders asked Mrs . Blizzard if she sold the beer that Mr. Moore consumed that day. She answered yes.
Member Mclaughlin asked If the group that ca~ in earlier for food was the
same group that came in later, ordered a couple of pitchers of beer which she
served, and was Mr. Moore in that group. Mrs. Blizzard answered yes.
Member Waddell questioned Mrs. Blizzard regarding how .uch of his behavior she
observed. She stated that in her opinion Mr. Moore was not visibly
intoxicated as he acted the sa~ every ti~ she saw hiM.
Mr . Bock Made his closing stat~nt. He stated that he felt evidence was
shown that on March 17, 19B7 Can.en Blizzard served a visibly Intoxicated
person n~d Melvin Moore in Hilda 's Cafe Inc. d/b/a Hilda's, located at 4386
South Broadway. That Mr. Moore was served .alt liquor in violation of statute
12 -47 -128(l)(A)CRS 1973 as ~nded. That on March 17, 1987 Can.en Blizzard
was acting as a bartender in Hilda's Bar serving patrons of the business .alt,
vinous, or spirituous liquor. He stated that the fact that Mr . Moore .ay have
had a stroke does not explain his blood alcohol content when tested at the
police depart~nt, nor the odor of alcoholic beverage on his person. He
stated that even though non -alcoholic liquor is served at Hilda 's there was no
evidence to indicate that Mr . Moore drank anything other than .alt lfquor in
Hilda 's Bar that night . He as kld that if the Authority would find that a
violation did take place, they would request that they be allowed to present
evidence of aggravation prior to .aktng a deter.lnatlon regarding penalty in this case.
7
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case to a visibly intoxicated person . As a result he would ask that the
Hearing Board find that there has not been a showing by substantial evidence
that a sale took place, .uch less to a visibly intoxicated person and would
ask that if the Authority were to find against the. that they be allowed to present evidence of •itigation.
The Englewood liquor licensing Authority recessed to Executive Session at
10 :40 P·•· The Hearing was reconvened at 11:35 P·•·
MEMBER LUNOERS MOVED, SECONDED BY MEMBER MCLAUGHLIN TO HOVE TO DENY THE MOTION TO DISMISS BY MR . JONES. Vote resulted as follows:
Ayes: Me.ber Waddell, Mclaughlin. lunders, Styes Nays : None
The Chai~an declared the ~tion carried.
MEMBER LUNDERS MOVED TO FIND A VIOLATION OF SECTION 12 -47 -128 -(1)(A) TO SEll,
SERVE, GIVE AWAY, DISPOSE OF, EXCHANGE, OR DELIVER OR PERMIT THE SALE,
SERVING, GIVING, OR PROCURING OF ANY MALT, VINOUS, OR SPIRITUOUS LIQUOR TO OR
FOR ANY PERSON UNDER THE AGE OF TWENTY -ONE YEARS, TO A VISIBLY INTOXICATED PERSON, OR TO A KNOWN HABITUAL DRUNKARD.
The ~tton dted for 1 lack of 1 second.
MEMBER LUHDERS MOVED , SECONDED BY MEMBER MCLAUGHliN, TO FIND A VIOLATION OF
REGULATION 12 -47 -128 -(9)(8), THAT IS, NO liCENSEE, MANAGER OF AGENT SHAll
PERMIT UPON ANY LICENSED ON -SALE PREMISES ANYONE TO lOITER IN OR ABOUT SAID
PREMISES WHO SOLICITS OR BEGS ANY PATRON OR CUSTOMER OF, OR VISITOR IN , SUCH
PREMISES TO PURCHASE ANY ORIIICS OR BEVERAGES FOR THE ONE SOLICITING OR BEGGING. The vote resulted as follows :
~ts : Wadd ell, Mclaughlin, lunders, Styes Nays : None
The Chat~n declared the ~tton carried.
Ch at~n Styes gave each si de two •lnutes to state what they thought the penal ty should be .
Mr . Jones pointed out for the record his objection . He stated that the
allegation for 1 violation of 12 ·47-128(l)(A) wa s the reason for the Hearing
and he was not nottft d that there was gotng to be any other violation alleg d
and th r for h wa s no able to present any evtd nee to try and contradict or r bu that char .
C I ~~~ I I t t hts obj ton w s o noted .
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MEMBER MCLAUGHLIN MOVED, SECONDED BY MEMBER WADDELL TO PROPOSE 30 DAYS
SUSPENSION, THREE DAYS TO BE IN EFFECT AT ONCE, WITH THE REMAINDER TO BE HELD
IN ABEYANCE FOR THE REST OF THE LICENSE YEAR PROVIDING THERE ARE NO FURTHER
VIOLATIONS OF THE LIQUOR RULES AND REGULATIONS . The vote resulted as follows : Ayes : Waddell, Mclaughlin, Styes
Nays: lunders
The Chatr.an declared the .utton carried, stating that the Findings of Fact
will be sent to the !teens .. within 30 days fro. the date of this hearing. He
noted that the three day closure would cu..ence the next day, June 4, 1987.
MEMBER WADDELL MOVED, SECONDED BY MCLAUGHLIN TO CLOSE THE SHOW CAUSE HEARING. The vote resulted as follows:
Ayes: Me.ber Waddell, Mclaughlin, Lunders, Styes Nays: None
The Chatn~an declared the .utton carried.
• • • • *
Chalr.an Styes stated that The City would provided Hilda 's with a copy of the
Liquor Code and he recu.ended that they read it thoroughly . He also noted
that fro. this point on everyone obtaining a license will be required to obtain a copy .
* • * • *
The regular -.tlng was reconvened at 11 :50 p.a .
* * * * *
The Author i ty rece i ved the application for a Change of Ownership froa Coasta l
Branded Mlrketi,, Inc . d/b/a Pester fZ56, Z715 South Santa Fe Drive . A hearing wa s set or June 17 , 1917 at 7:30 p.a .
• • * * •
Re newa ls :
MEMBE R WADDELL MOV ED, SECONDED BY fOI(R LIJI)ERS TO APNOV E THE fOlL OW ING RE NEWA LS :
Engl noo Restaur1nt l Lounge
3484 South lro ay
M n rt .
4596 South tdtrll Blvd .
v n Eleven
3501 South Log n
por 1
3ZtS South ro 1
T1vern license •/ext . hours
Exptres July 6, 1917
l .ZS ... r (off·p )
E Ires .My 14 , 1 7
3 .ll ... r (off·pre.t s)
xptres July 14, 1117
3 .ll r (on ·p t )
E pfrts July 16 , 1987
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The Authority revi--.d and approved the responses for the survey for the
Liquor Licensing and Inspections to be sent back to the State Liquor Enforc ... nt Division .
* * * * *
The Authority received the letter to U...trios Corporation d/b/a Araps Old Gun
Shop £attn l Drinktn, 3166 South Broadway advising of the Show Cause Hearing scheduled July l, 1117 at 8:00 p.•.
* * * * *
The Deputy City Clerk notified the Authority that Metro Oil Ca.pany d/b/a
Vickers 12353 has applied for a 3.21 Beer (off-pre.ise) license, 4596 South
Broadway . The application will be presented to the Authority when the background investigation is ca.pleted .
* * * * *
The Deputy City Clerk presented the Authority wtth Findings of Fact and
Con clu si on fo r Pay N Take , 2200 Wes t Evan s Avenue .
* * * • *
The ... t t ng was adjourned at l1 :55 p. • .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
JUNE 17, 1987 9 B
The meeting was called to order at 7:35 p.•. by Chal~n Styes.
Present: Waddell, Mclaughlin, Lunders, Styes Absent: None
The Chain.an declared a quoru• present.
* * * * *
LUND£RS MOVED, SECONDED BY WADDELL, TO TABLE THE MINUTES OF JUNE 3, 1987. The vote resulted as follows:
~es: Waddell, Mclaughlin, lunders, Styes Nays: None
The Chal~n declared the .atlon carried.
* * * * *
The Authority received the application for change of corporate structure and
renewal for ShowBiz Pizza Tt .. , Inc., d/b/a ShowBiz Pizza Place, 1001 West
H.-pden. The Deputy City Clerk tnfon.ed th .. that the background investigation had not been co.pleted.
LUND£RS MOVED, SECONDED BY MCLAUGHLIN, TO RENEV THE liCENSE AND TABLE THE
CHANG£ OF CORPORATE STRUCTURE FOR SHOWBIZ PIZZA PlACE AT THIS TIME. The vote resulted as follows:
~es: Waddell, Mclaughlin, Lunders, Styes Nays: None
The Chatn.an declared the .attOfl carried.
* * * * •
Chat~n Styes announced the Hearing for Change of o.ntrshtp for Coastal
Branded Marketing, Inc., d/b/a Pester 1256. Robert Batley, Supre.e Court
NUIIber 752, represented Pester. The Authortty advtsed Mr. Batley that It ~uld save a lot of tt .. If Pester had a .. ster file with the State liquor
Enforc nt Dlvtston. Mr. Batley resPOflded to questiOfls fro. the Authority .
Mr . Batley stated that Mr. Shaw, the Settlor Vice President, and Mr . Jack
Scurlock, the persOfl In charve of the Colorado "'910ft, would be the COflhcts In the tvlftt of a vlolatton .
Wadd ll, la~ltn, l
110t I Oft carr ted .
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rs, Styes
GJ run
• T vot
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Ayes: Waddell, Mclaughlin, Lunders, Styes Nays: None
The Chain.an declared the lOtion carried.
* * * * *
The Deputy City Clerk advised the Authority that R R Restaurant 2 d/b/a Rocky
Rococo Pan-Style Pizza, 990 West Ha.pden Avenue, had requested that the
Authority reschedule the Public Hearing fro. June 17, 1987 to August 5, 1987,
as they should have the docu.ent transferring title fro. Madison Pizza
Investors Inc. to R R Restaurants 2 by that date. The Authority re -set the Public Hearing for August 5, 1987 at 8:00 p.•.
* * * * *
The Deputy City Clerk notified the Authority that Nitro Oil Ca.pany d/b/a
Vickers 12353 has applied for a 3.ZI Beer (off-pre.ise) license, 4596 South
Broadway. The appltcation wtll be pres111ted to the Authority lllhen the background investigation is ca.pleted.
* * * * *
The Deputy City Clertt notified the Authority that Circle IC COitvenience Stores,
Inc., 2901 South lr'Ndway has applied for a change of corporate structure .
The app1tcati011 wt11 be P"MIIted to tJw Alltwtty .._ the background investigatfOII is c..,leted .
The Deputy City Cl
notifying the City
and outstudl"f stec
The Deputy Ctty Cl -.ttft .. t
Dtvist011 had tss.ed • CIIIHtt
1090 West .........
• • • • •
letter fre. Dtll, Dtll l NcAlltster
tes IIIC . laM l*rchased 1001 of the hsued
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tty that the Stete Liquor Enforcl8eftt
tetl lt..-r Store lft~~~se to Al 's liquors,
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Mr . 'rt• revt • ,...,.n of • us be T ScMathllftd Corporatf011 , d/b/a 7 -El~Y~R food Store ws . Ctty of swf•ster Ctty CCMMCtl ,
Ot CUSSfOII .....
pursued furt r . thod of petttfOit Rg; this .. tt r wtll
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JCM;I"fted It 1 :40 p .8 .
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BOARD or ADJOB'l'IIDI'l' A11D APnALS
BNGLBWOOD, COLORADO
JOJIB 10, 1t17
I. CALL '1'0 OllDBR.
The regular aeeting of the Englewood Board of Adjustaent and Ap-
peals vas called to order by Vice Chairaan Brown at 7:30 p.a.
Members Present:
Meabers Absent:
Also Present:
Seyaour, Hallagin, Fish, Lighthall, Doyle and Brown.
Welker.
Dorothy Roaans, Staff Advisor
Mary Alice Rothweiler, Planner
Nancy Reid, Assistant City Attorney
Chairaan Brown stated that there vas a quorua of six aeabers, and
tive affiraative votes would be required to grant a variance or
appeal. The Board of Adjustaent and Appeals is authorized to
grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code .
II. APPaOYaL or Kl.ur!B.
Chairaan Brown stated that the Mi nutes of Nay 13, 1917, vera to be considered for approval.
I!IOARD MDOD IIA.LIAGIN MOVED THAT THE KINt1'l'IS OF MAY 13, 1917, BE APPROVED AS WRITTEN .
Mr. Seyaour seconded the action.
Upon a vote, all six ~Nabers preHnt voted in the aft1raat ive,
and the Chairaan ruled the Minutes were approved as written.
III.
BOARD
U-17,
or ncr.
Mr. H 11 gin s onded th ao ion.
Upon a vo e, all six
and the Ch iraan ruled th
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OF FACT IN C
voted in the attiraa iva,
r approved •• written.
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of posting and publication, and asked that the staff identify the
request.
Dorothy A. Romans, Acting Director of Community Development, was
s worn in for testiaony. She stated that the applicant, Robert s.
Keller, was requesting a variance for property located at 4 77
East Cornell Avenue to permit construction of a six foot solid
wood fence which would extend to three feet from the sidewalk
abutting South Pennsylvania Street. This is a variance from the
Comprehensive Zoning Ordinance, Section 16.4-17 c (4), Fences in
Residential Districts. This section of the Ordinance limits the
height of a fence in this location to 42 inches and requires the
fence to be at least 50' open.
The Chairman asked that the applicant coae forward for testimony.
Robert s. Keller, 477 East Cornell Avenue, wa s sworn i n for tes-
timony. He aubaitted a letter, Ex. I, explaining his reasons for
requesting the variance. He stated that his aain concern is the
safety of his children and his property. His ne i ghbors have no
objection , and auch of the surrounding land is vacant. He said
that he is concerned about the safety of his back yard because of
the aany strangers in the neighborhood vho use the nearby park.
If there were a six-foot fence protecting his children, they
could play in the yard without constant supervision. He noted
that he shares the house with his brother, and his wife watches
both their own and his brother's children.
Mr. Keller said that, while 90' of the people passing his house
are fine, aoae are not, and there has been ainor vandaliaa to his
property. He said that the fence would be 27 1/2 feet froa East
Cornell Avenue, and 3 feet froa the sidewalk on South Pennsylva-
nia Street. In his opinion, there would be no visibility problea
at the atop sign. He said there is heavy traffic in the area in
the auaaer, especially on weekends.
There were no other speakers for or against the variance .
The staff had no further coaaenta, the staff report was incorpo-
rated into the record, and the public hearing for Case 117-87 was
cloa d.
BOARD MEMBER SEYMOUR MOVED AJCD IOAJU) BD HALU.GIN SECONDED,
THAT A VARIANCE BE GRANTED TO ROBERT 8. LLEJt, FOR PROPERTY LO-
CAT D AT 477 EAST CORNELL AVEIIU , TO PERMIT CONSTRUCTION or A SIX
FOOT OLIO WOOD F NC WHICH WOULD XTPD TO THR.! FEET FROM TH
SIDEWALK ABUTTING OUTH PEHMSYLVAHIA STREET. THIS IS A VARIANC
FROM THE COMPR!HEN IV! ZONING ORDINANCE, SECTION 16.4-17 c (4),
F NC IN RESIDE IAL DISTRICTS. THIS S CTION OP TH ORDINANC
LIMIT TH H IGHT OP A r CE IN THIS LOCATION TO U INCH S AND
R I S TH F NC TO B AT T 50 OP N.
D1acuaaion follow
ra loc ln h i r vo a and 9 v h lr tind1n • a
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Mr. Seymour said the variance was not in the best interest and
safety of the general public, and he voted "no".
Mr. Hallagin said the fence would present a safety hazard and is
contrary to the Co•prehensive Zoning Ordinance, and he voted
"no".
Mr. Fish said the fence would not be a hazard to safety or traf-
fic, and voted "yes".
Ms. Lighthall voted "yes", saying there is a hardship. It is a
difficult location and Mr. Keller has a young faaily. In her
opinion there was no safety hazard.
Mr. Doyle voted "yes", saying there would be no safety hazard.
Mr. Brown voted "no" because, in his opinion, there would be a
safety hazard.
The votes were displayed and Ms. Lighthall, Mr. Fish and Mr.
Doyle voted in favor of the aotion. Mr. Brown , Mr. Hallagin and
Mr . Seyaour voted in opposition to the aotion.
The Chairaan ruled the variance request was denied because five
affiraative votes are required to grant a variance, and only
three affiraative votes were cast.
* * * * *
The Chairaan opened the public hearing tor Case flB-87, stating
he had proof ot publication, and asking that the staff identity
the request. Dorothy Ro•ans stated the appellant, Irving
Liverant, was requesting an appeal troa the Chief Building In-
spector 1 s dec is ion denying a renewal ot a Class D Contractor 1 s
License ( 7662). This appeal procedure is provided tor in the
Englewood Municipal Code, Section 5-7-68.
Walter Groditski, Code Adainistrator, was sworn in tor testiaony.
He stated that the Englewood Municipal Code requires valid City
Contr ctors 1 licenses before coapanies or individuals can con-
r ct tor nd do work. He said that Mr . Liver nt h s diare9arded
the r quired peraits and inspections.
s evorn in for testi ony.
Stop wor Order on aiding
in to obtain a perait tor
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addition, in at least four instances, the work haa been under-
valued, reducing the fees and taxes paid to the City. In one
situation the valuation placed on the job waa $3900, but the
actual contract price waa $14,000. Mr. Yoder aaid that, in his
opinion, there ia no excuse for auch undervaluation. A contrac-
tor knows what the contract price ia at the tiae the application
for a permit ia aubaitted.
Mr. Yoder said that, in hia opinion, there ia aore than enough
evidence to justify the refusal to renew Mr. Liverant's license.
He listed the following justifications.
1. Continual beginning of work without peraita, even after
being placed on probation for doing ao.
2. Repeatedly not calling for inspections when the work was
completed.
3. Undervaluation of contract price in at least four casea.
In reaponae to gueationa fro• the Board, Mr. Yoder said that it
ia fairly co-on for contractors to obtain licenaea and have
crews working for thea who do not have licenaea. The purpose of
licensing is to give procedures and guidelines for the profes-
sion, to provide inspections, and to ensure that work ia per-
foraed properly. Moneys paid are used for aateriala, to protect
froa liens, to aaaure that joba are correct and coaplete. In
addition, citizens' aoney and property are protected. Contrac-
tors working without a license can be fined or iapriaoned.
The Chairaan asked that the applicant coae forward for teatiaony.
Mr. Irving Liverant, 1900 Eaat Girard Place, Englewood, waa sworn
in for teatiaony. He aaid he ia not in the habit of breaking the
law. He aaid that he told hh people to call for inapectiona,
and what happened then he didn't know. He aaid that when the
recent Stop Work Order waa iaaued, he had been ill, and had
trusted others to obtain the perait. Mr. Liverant aaid that hia
occupation ia contracting and that he rune a eteble bueineee. He
aaid that in the future he would do thing• correctly.
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Mr. Yoder returned for further teati•ony. He repeated that con-
tractors are aware before they obtain their per.ita what the con-
tract price ia. Any under-reporting ia intentional •iarepreaen-
tation. Very accurate recorda are kept by the Depart•ent of
Building and Safety, and if inapectiona had been requested in the
21 caaea, there would have been recorda of th... He said it ia
not co-on for the contract price to be undervalued on the per.it
application.
Mr. Doyle asked if the revenue• which vera not paid could ba col-
lected. Mr. Yoder said every effort would be •ada to collect the
money due the City. He noted that the Finance Department will be
investigating the case.
Mr. Livarant said in rebuttal that a011e people pay cash, and
financing ia supplied by hia coapany at reasonable rates of fro•
10' to 12,. He said he lives in the City and will do better in
the future.
The staff report waa aade part of the record of the public hear-
ing and the staff had no further c~enta.
The Chairman closed the public hearing on Case 118-87.
BOARD MEXBU FISH MOVED, AND BOARD ICDIBER SEYMOUR SECONDED, THAT
AN APPEAL BE GRANTED TO IRVING LIVERAJIT rROIC THE CHIEF BUILDING
INSPECTOR'S DECISION DENYING A RENEWAL OF A CLASS D CONTRACTOR'S
LICENSE (t7662). THIS APPEAL PROCEDURZ IS PROVIDED FOR IN THE
ENGLEWOOD MUNICIPAL CODE, SECTION 5-7-68.
The .. abera locked in their votea and gave their tindin9• aa
follows.
Mr. Seymour said he had voted •no• because, in hia opinion, the
Code had been correctly interpreted by the Chief 1tuildin9
Inspector.
Mr. Halla9in said thara had bean too aany violation•, and he con-
curred with Mr. leyaou.r.
Mr . riah aa d he vo ad •no• becau .. there waa aaple evidence of
aubatan ial, intentional violatio~.
Me. Lighth 11 vo ad 9 nat the appeal, aaying the Chief lding
Inap c or c d eorr c ly and within hie authority. She • id
thar waa aubat n i l avid nee of violation, if not fraud.
Mr. Doyle voted •no•, concurring that the Chief Building Inapae-
or•a facta indica • an appeal ahould be denied •
Mr. lrown atat d at after vai9hing the evidence and liatening
o ha tea i110ny, h w • of th opinion tba an appa 1 ahould no
be 9r n
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The public hearing was opened for Case U9-87. The Chairman
stated he had proof of posting and publication and asked the
staff to identify the request. Mary Alice Rothweiler, Planner,
was sworn in for teatiaony and stated that the applicant, Donald
R. Gilliland, was requesting the registration of a nonconforaing
use for property located at 2560 West Union Avenue, in order to
continue operating a concrete batch plant on the preaiaea. This
is in accordance with the provisions of the Coaprehenaive Zoning
Ordinance, Section 16.6-1, Nonconforaing Usee.
The Chairaan asked that the applicant coae forward for taatiaony.
Donald R. Gilliland, 9838 West Oreqon Place in Lakewood, was
sworn in for taatiaony. He stated that he wishes to aova the
Rocky Mountain Constructors Concrete Batch Plant froa ita present
location to 2560 West Union Avenue. Because the present usa of
the property for a concrete batch plant ia aoaewhat clouded, if
the nonconforaing uae atatua ia denied, he would not want to
relocate hia buainaaa. He hopes to enlarge hia buainaaa at the
new location, if he can uaa it for the batch plant.
In raaponae to queationa froa the Board he said that hia buaineaa
ia currently aaaller than the Batch Plant operated by Mr. Roaa,
but he hopes hia buaineaa will grov. In relation to iaauaa
raised by the .. ployeea at the City of Eft9lewood nursery in the
staff report, he agreed to the conditions au(J9eated by the City
staff in the staff report.
Rosa Clinger, 191 Johnson Drive, Castle Rock, waa sworn in for
taatiaony. He aaid he ia the present ovner of the property and
started his buainaaa in 1970. It was hia understanding that the
concrete batch plant waa allowed when he began hie buaineaa, and
it baa bean operating for 17 years. Mr. Clinger stated that he
built a concrete wall to protect the gr .. nhouae fro• duat and
diesel fuaea. The trucks can a ix anyvhere and coapliance with
the ataff'a condition that the trucka ahould be relocated would
be aiaple. Thia property ia for aale, and concrete ia needed in
the co un y. He aaid the concrete vall varies froa 6 to 8 feet
n h lgh • They changed the grade and elevation of the lot, and
helped r ova • property froa the flood plain.
Thare er no further apeakera for or gainat the variance.
The Chairaan incorpora cS the ataff report into the r cord and
aak cS i her were any further ataff co enta.
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land for an asphalt batch plant. Aaphalt waa of concern because
of the proximity to the South Platte River, but concrete would
not present the aame concerna. Mr. Holland, the previoua owner,
and Mr. Clinger, the present owner, have not been told by the
City to close the buaineas or that the use was illegal. A build-
ing permit issued in 1970 peraitted expanaion of the building,
including a new roof and reaodeling. There is aufficient doubt
in the mind• of the ataff after havinq reviewed the file• of the
City to reco-end that the nonconforming uae registration be
approved.
The Chairaan closed the public hearinq for Case 119-87.
BOARD MEMBER LIGHTHALL MOVED, AND BOARD MEMBER HALLAGIN SECONDED
THAT THE APPLICANT, DONALD R. GILLILAND, BE GRANTED THE LATE REG-
ISTRATION OF A NONCONFORMING USE FOR PROPERTY LOCATED AT 2560
WEST UNION AVENUE TO CONTINUE OPERATING A CONCRETE BATCH PLANT ON
THE PREMISES WITH THE FOLLOWING CONDITIONS:
1. THAT CONCRETE TRUC~ SHALL IDLE ON THE SIDE OF THE PROPERTY
AWAY FROM THE CITY GREENHOUSES.
2. THAT THE DRIVEWAY SHALL BE SURFACED SO AS TO BE DU ST-FREE OR
A SPRINKLER SYSTEM SHALL BE INSTALLED TO KEEP DUST FROM BE-
COMING A NUISANCE TO NEIGHBORING PROPERTY.
THIS I S IN ACCORDANCE WITH THE PROVISIONS OF THE COMPREHENS I VE
ZONING ORDINANCE , SECT I ON 16.6-1 , NONCONFORMING USES.
The aeabera locked i n their votea, and c;rave their find i nqa as
follow•.
Mr . Seymo ur voted •yea•, aayinc;r the use was peraitted at one
tiae , there were no o b j e c tions, and the property i a elic;r i b l e for
noncon f orainc;r uae atatua .
Mr. Hallagin aaid he voted •yes• becau .. if there vera a a i atake
ma d e, it wa s Englewood '• a i atake, and the applicant will .. et the
condit iona.
Mr. Fish concurred.
Ms. Lic;rhthall concurred.
Mr. Doyle voted •y •" cause the parti • are willinc;r o
correction• concerning the dle•el fume•·
Mr. Brown vot d "ye•• becau•e the u•e won't hu he cl y and the
c;rreenhou•e will be pro ectad, and the ci y did coneid r h vy
indu•tri 1 Eoninc;r for his property a on ti
When the votes we e •hown, a ll •i•
the varl nee, and Ch iraan rul
concr b c pl n a• a noncontoralnq
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VII. ATTORNEY'S CHOICE.
Assistant City Attorney Reid aaid that a notice will be placed in
the paper about Kr. Liverant•a loaa of licen•e. She noted that
the Board'• authority ia aore liaited in granting appeala than in
variance•, and •uggeated that her letter to the Board concerning
appeal• be placed in the handbook or put in the Meabera• notebooka.
VIII. DIRECTOR 1 S CHOICE.
Mra. Roaana had nothing to add.
IX. BOARD'S CHOICE.
Mr. Brown noted the letter froa Kra. Ferguaon thanking the Board
for ita ayapathy card.
The aeeting adjourned at 9:10 p.a.
Sh~ARouaaea, Recording Secretary
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
June 16, 1987
CALL '1'0 ORDER.
The reqular meetinq of the Enqlawood Planninq and Zoninq Commis-
sion was called to order at 7:00 p.m. by Chairman Carson.
Members Present:
Members Absent:
Also present:
Carson, Maunakaa, Mulhern, Maqnuson, Allan,
Hanson.
Romans, Ex-officio.
Russell and Barbre.
Senior Planner Susan Hirsch.
II. APPROVAL or KI.UTIB.
June 2, 1987
Chairman Carson stated that the Minutes of June 2, 1987, were to
be considered for approval.
Allen moved:
Maunakea seconded: That the Minutes of June 2, 1987, be approved
as written.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Carson, Maunakea, Mulhern, Allen, Hanson.
None.
Barbre and Russell.
Magnuson.
The aotion carried.
Mr. Carson ask d Mrs. Ro ana to au arize the aeeting with the
Englewood Cha r of Coaaerc •
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The Chairman asked if there were representatives of the Committee
or Chamber of Commerce who wished to address the Commission.
Barry Coleman, 3305 South Broadway, said the aia of the Council
and Commission should be to make good laws. It is difficult to
consider all the ramifications of a law. The City should aia for
a Landscape Ordinance that is fair and that will not injure the
few as it to serves the whole. While beautifying the City is a
good aim, it aust be considered at whose expense the beautifica-
tion will take place. He said that landscaping, in his opinion,
benefits only the occupants of automobiles traveling along the
street at the expense of property owners. Planning co .. ission
should consider the injury being done to the owners before the
Ordinance goes to Council.
Mr. Maunakea agreed that further study would be of benefit.
Ken Hope, Chairman of the Governmental Liaison co .. ittee said the
Committee agrees that maintaining and proaoting aesthetics is
important, but the Ordinance as it proposed to be amended is, in
his opinion, ambiguous and will breed inequities. Further study
could result in an ordinance clear and fair and financially
a cceptable.
Maunakea moved:
Mulhern seconded: That the Commission send a letter to the City
council requesting the Landscape Ordinance be
tabled to permit further study by the co .. is-
sion of the proposed aaendaents to the Land-
scaping Ordinance: and that aeabers of the
co ission attend the public hearing on .:June
29, 1987 to express the r concernsr and fur-
ther that a co .. ittee aade up of aeabers of
the co .. iasion and the Chamber and staff re-
view the proposed aaendaents before the Coun-
c il takes action in this aatter.
Di scuss on foll ow d .
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Mr. Hope said that, while no surveys have been made in the com-
munity, the Landscape Ordinance will cause hardship, and in-
creases the difficulty of attracting new businesses. In a soft
economy, hardships should not be created for business and proper-
ty owners. He said identical property elsewhere may have lower costs.
Mr. Allen said that Denver and Littleton have similar ordinances.
Mr. Hope said we do not have to have the same laws other Cities
have if we are losing businesses. Of particular concern is the
unfairness of applying the Ordinance and the language ambiguity.
He said he is not asking that the Landscape Ordinance be eliai-nated, but only reworked.
It was noted that there was a aotion on the floor, which Mr . Mul-hern then seconded.
AYES:
NAYS:
ABSENT:
Maunakea, Magnuson, Mulhern, Hanson, Allen, Carson. None.
Russell and Barbre.
IV. PUBLIC PORUM.
No one present asked to apeak.
V. Dtazcroa•a CftOICB.
Mrs. Roaana said that one aeaber fro• the Planning co .. ission aay
attend the State APA meeting to be held in Grand Junction on June
25 and 26. Mr. Mulhern and Mr. Magnuson expressed interest, and
one of thea will attend the aeeting.
Mrs. Ro ana said that Susan Powers has agreed to serve as the
Executive Director of the Denver Urban Renewal and that this will
be a great opportunity for Ms. Powers professionally. She said
the City is proud Ms. Powers was selected over so aany candidates.
VI. COIOII88IO ..:!_CliO.!£!.:.
Mr. All n a id h h • pro rty h is considerinq selling, nd the
1 or old h • h h s too auch 1 ndscapinq, hich y ac re y buy re.
vu. The djourn d • 7;55 p.a.
acre tal:"'/ I •
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'/ I I I j ILJ i tr..J A j /f J ,/
,.,,,/lj 11 ~-
_; I; P .;,, -.f, .1 ~:;:
BY AUTHORITY
NO.:;o
198
/l 9
COUNCIL BILL NO. 30.1
INTRODUCED BY COUNCIL
MEMBER BILO
c: ·-
AN OROIUANCE AMENDING TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE
(COMPREHENSIVE ZONING ORDINANCE), SECTIONS 16 .4 , ZONE DISTRICTS ;
SECTION 16.4-1, RESTRICTIONS; S£CTION 16.4-1 6 , FLOOD PLAIN
DISTRICT; S£CTION 1 6 .5 , GEIU:RAL REGULATIONS; 16.7-4, VIOLATION
AND PENALTY; AND SECTIOtl 16.8, DEFINITIONS .
\nl ERE AS, City Council has addressed the issues of a
healthful and pleasing environment to the citizens of Englewood
by passing ordinances that will enhance the appearance of the
City; and
WHEREAS, these issues ar be1ng accomplished through each
of the resid ntia1, business and industrial zone district
re~ulations; and
WHEREAS, these regulations need revis1ng from tim to time
to M e th ever-changing circums ances of our City ; and
~IEREAS, he Planning and Zoning Commission has con id red
several a ndm n s to he Comprehensive Zoning Ordinanc (Title
16 Engl wood lunicipa1 Code, 1985, s ~ nd d); and
WHEREAS, public h an nq w a h ld on he propos d men
on April 21, 1987 af r prop r no ic 1n th offici 1 City
n wapap r; and
nte
WIIEREAS, h P1 nnin and Zoning Co uuon pprov d h
propos d v1siona to11ow1ng h p b1ic h r1ng nd has avor-
bly r nd d he revisions o Ci y Counc1l ;
0 BY H CtTY COU ClL 0 TR
un1c1p 1 Co 1 as, u
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The following restrictions shall apply in all
~••i•ea\i•l zones of the City UNLESS OTHERWISE
SPECIFIED.
(1) No junk shall be stored out-of-doors. THIS
SHALL NOT APPLY TO LICENSED JUNK YARDS.
(2) Trash shall be stored in closed containers 1
set back at least five (5) feet from the side
property lines and concealed with an opaque
screen. Trash and gaTbage shall not be
stored in the REQUIRED front yard for more
than twenty-four (24) hours.
(3) IN RESIDENTIAL DISTRICTS, ANY OUTSIDE STORAGE
OF HOUSEHOLD COMMODITIES, VEHICLES, EQUIP-
~ENT, CONSTRUCTION MATERIALS OR SUPPLIES, OR
FIREWOOD WILL BE LIMITED TO A MAXIMUM OF
TWENTY PERCENT (20\) OF THE USABLE OPEN SPACE
OF THE REAR YARD. THIS OUTSIDE STORAGE IS
LIIUTED TO THE REAR YARDS ONLY.
(4) SALVAGE OR STORAGE OPERATIONS OR FACILITIES
SHALL NOT BE PERMITTED IN ANY RESIDENTIALLY
ZONJ:D AREA.
c. Storage ec past'-, of vehicles.
(1) Storage er ~~~., eroh1bited. The
following v~c ea shall not be ator d or
parked on ••'•••• ~ public ..... _.~
STREETS OR RIGHTS-0 -WAY exc pt whil
making nora 1 d liv r1ea.
(11) rue r e t o r or
(Y)
( i)
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(5)
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(v i ii) A TRUCK OR OTHER VEHICLE LOADED WITH
TRASH, JUNK, WEEDS, TRE E BRANCHES OR
LIMBS.
(2) THE FOLLOWING DESCRIBED VEHICLES SHALL NOT
BE PARKED ON PRIVATE PROPERTY IN
RESIDENTIAL AREAS:
(i ) A VEHICLE WITH AN EMPTY WEIGH T AS
DEFINED IN THE ENGL EWOOD MUNIC I PAL
CODE 1985 , SECTION 11-1-4, I N EXC ESS
OF 6,000 POUNDS (60 C .W.T .)
(ii ) A RO AD TRA CTOR, TRUC K TRACT OR OR
SEMI-TRAILER.
(iii) A TRUCK CO NS TRUCTED OR ADAP TED FOR THE
PURPOS E OF TRANSP ORT I NG OR DELI VERY OF
BUL K GASO L INE , PETROLEUM PRODUCTS, OR
HA ZAR DOU S SU BS TAN CES OR MA TER IALS.
( i v) A TOU TRUCK OR AUTm\OBILE WRECKER .
(v) A CHURCH BUS OR SCHOOL BUS NOT USED
FOR SCHOOL OR CHURCH PURPOSES .
(3 ) STORAGE P ROHIBITED . NO VEHICLE DESIGNED
AND USED F OR RECREATIO PURPOSES ,
INCLUDitlG , BUT lOT LIMITED TO , ONE OR MORE
HOTOR Hom:s , BOATS , CAl-iPERS , TRAILERS ,
TRAILCRS USCD FOR CARRYING BOATS , HOBBY OR
RACitG CARS , MOTORCYCLES AND OTHER
f:QU IPMENT OR IOTOR VEHICLES , SHALL BE
STORED IN TilE PUBLIC RIGHT-OF-WAY .
( 4 )
( )
(t')
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pro p rty ll n
R SID TIAL
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IDENTIFIED AS THE rear yard OF THE PROPERTY
IN ANY RESIDENTI AL ZONE DISTR I CT. ~ ~lggk•
.Dr e••ppnrt• not ~ -t.Aua-&i..a. ~ iavlaea ..W...
h•i•a.~, _.-~ lo·dh9 ~~
•pp•r-atu• ~ ~ la..•t lj=it•. -A1J,....
lG•diA'J eqn'p nt .ab&lJ. ..be .j,a. 'Jood r:epds-.
DETACHED CAl-iPERS SHALL BE STOR ED ON BLOCKS 1
OR f-U PPORTS NOT MORE THAN SIX (6) INCHES IN
HEIG HT, OR ON ITS LOAD I NG J ACKS OR
APPARATUS AT THEIR LOWEST LIMITS. ALL
LOADING EQUI PME NT SHALL BE IN GOOD REPAIR .
c . No b o at , d e t a ched campe r, TRAIL ER, SMALL
TRAILER or veh i cle o the r t h an a motor
vehic l e s h a ll b e s t ored or pa r ke d un l ess i t
is s ecure ly blo cked o r r es trained f rom
moving , t oppli n g or fa l li n g .
(6) Except as provided herein , ~0 MOTOR VEH I CLE OR
VEHICLE -pA5k .. ~ 11tor:ed tl"d )er, ~. ~.
-tGir a.-, ~ C::llllf!lll", ~ tr:•iler, C'lll8piA')
~re i:ler, e elti t;•a i le5 , ••••i a li••• •r:ai leol' -.a.--
shall ~ occupied or us~d for living or house-
ke ing 0~ SLEEP! G purposes or for he housing
nd Y. eping of animals .
(7) UPON TIJC AP PLIC TION OF A RESIDENT OF THE C I TY , A
f.PECI J, Pf:RMIT HA Y BE ISSUED BY THE DEP ART l ENT OF
CO -triU ITY DE VELO PM CNT FOR A I ONRESIDENT , JOU RN EY-
JUG W A RECReATIO NAL VE HICLE USED FOR HOUSE-
KEEPlt G PURPOSES A 0 \lBO IS VISIT! G AT THE
RESIOElCE 0 Tilt:: APPLICAUT, TO OCCUPY TH TRAVEL
V .IHCLI: A": TIIC APPLICANT ' 5 RESID CE FOR OT MORE
Til SEV (7) DAYS. TIII: SP CIAL PE tiT SHALL
SP CIFY TH LOCATIO 0 TIIC APPLIC T'S PROPERTY
AOJACE T JUGIIT-0 -Y I IIICII Til RAV L
V IIICL ILL 8 PA J( 0 IUL OCCUPI D.
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TO BE TOWED SHALL NOT STAND, BE PARKED, OR STORED
ON PUBLIC PROPERTY OR RIGHT-OF-WAY .
-MiRi-~ _.. AR4: ~ ----=•1111&.-a•aa&;a -48 ~
~~ p"h 1 ic f ·c•1 iti•e
Section 16.4-16 Flood Plain District .
An Ordinance relatinq to the identification of areas of special
flood hazard; and adopting boundary maps therefor; prohibiting
certain uses dangerous to life and property within said areas;
restricting uses hazardous to public health ; requiring those uses
permi cd in flood plain districts to be protected against floods
by floodproofing; regulating the design and method of construe-
ion of all structures within said district and generally to pro-
ect the public from the burd n of extraordinary financial expen-
ditures in a manner consisten with rea sonable flood plain man-
aqement and to pr serve the water-carrying characteristics and
capac1 1e of wat~r cou rses bo h na ural and artificial for the
conveyance of storm and flood wa ers.
THI: LI:GISLATURE OF Tilt: STAT 0 HAS I TITLE 31, ARTICLE
33, CRS (1973) DELEGATI:D THE R SPO SIBILITY TO LOCAL GOVERNMENTAL
U ITS TO ADOPT REGULATIO S D SIG CD TO PR OTE THE PUBLIC HEALTH,
SAFETY, AND GE ERAL WELFARE OF ITS CITIZE RY. THEREFORE, THE
CITY COUUCIL OF E GLEWOOD, COLORADO DOES ORDAI AS FOLLOWS:
FI DINGS OF ACT.
( 1) TH FLOOD HAZARD AACAS OF E GL D AR SUBJECT TO
( 2)
PERIODIC INUNOATIO WHICII RESULTS I LOSS 0 LIF AND
PROPERTY, UCALTII AND SA TY HAZARDS, DlSRUPTIO OF COH-
HERCE AND GOVERN AL SERVICES, EXTRAORDI ARY PUBLIC
XPENDITURES FOR FLOOD PROTECTIO 0 R Ll , AND IM-
PAIRH I~T OF THE TAX BAS , ALL 0 WIIICH ADV LY AFF CT
TilE PUDLIC HEAL Til, SA ETY AND G RAL Lf'AR •
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officeS of the City Clerk, ENGINEERING SERVICES AND COMMUNI-
TY DEVELOPMENT. By adopting ~~ d&a,~igt THESE REG-
UL ATIONS, the following purposes are intended:
( 6) TO IUNIIII ZE THE NEED FOR RESCUE AND RELIEF EFFORTS AS-
SOCIATED WITH FLOODING AND GENERALLY UNDERTAKEN AT THE
EXPEN SE OF THE GENERAL PUBLIC .
( 7 ) TO MINHUZE PROLONGED BUSINESS INTERRUPTIONS.
(8) TO HELP MAINTAIN A STABLE TAX BASE BY PROVIDING FOR THE
SOU ND USE AND DEVELOPMENT OF AREAS OF SPECIAL FLOOD
!lAZARD SO AS TO MINIMIZ E FUTURE FLOOD BLIGHT AREAS .
( 9) TO EN SURE THAT THOSE WH O OCCUPY THE AREAS OF SPECIAL
FLOOD HAZARDS ASS UME RESPONSIBILITY FOR THEIR ACTI ONS.
c . General Provisions.
(3) Flood Plain District Boundaries.
Flood Plain District
special flood hazard
u, (d)
( )
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( 8) NO STRUCTURE OR LAND SHALL HEREAFTER BE CONSTRUCTED,
LOCATED, EXTENDED, CONVERTED, OR ALTERED WITHOUT FULL
COMPLIANCE WITH THE TERMS OF THIS ORDINANCE AND OTHER
APPLICABLE REGULATIONS.
(9) THIS ORDINANCE IS NOT INTENDED TO REPEAL, ABROGATE, OR
IMPAIR ANY EXISTING EASEMENT, COVENANTS, OR DEED
RESTRICTIONS . HOWEVER, WHERE THIS ORDINANCE AND OTHER
ORDillANCE, EASEl·tENT, COVENANT, OR DEED RESTRICTION CON-
FLICT OR OVERLAP, WHICHEVER IMPOSES THE MORE STRINGENT
RESTRICTIONS SHALL APPLY.
f . Development Permits.
(1) (g) FOR ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVE-
MENTS, FULLY ENCLOSED AREAS BELOW THE LOWEST FLOOR
THAT ARE SUBJECT TO FLOODING SHALL BE DESIGNED TO
AUTOMATICALLY EQUALIZE HYDROSTATIC FLOOD FORCES ON
EXTERIOR WALLS BY ALLOWING FOR THE ENTRY AND EXIT
OF FLOODUATERS . DESIGNS FOR M.EETING THIS REQUIRE-
MENT MUST EITHER BE CERTIFIED BY A REGISTERED PRO-
FCSSIONAL ENGINEER OR ARCHITECT OR MUST M.EET OR
EXCEED THE FOLLOWING MINIMUM CRITERIA: A MINIMUM
OF TWO OPENINGS HAVING A TOTAL NET AREA OF NOT
LESS THAN ONE SQUARE INCH FOR EVERY SQUARE FOOT OF
ENCLOSED AREA SUBJECT TO FLOODING SHALL BE PRO-
VIDED . THE BOTTOM OF ALL OPENINGS SHALL BE NO
HIGHER THAN ONE FOOT ABOVE GRADE. OPENINGS MAY BE
(h)
( 2\
(d)
( )
QUIPPED WITH SCREENS, LOUVERS, OR OTHER COVERINGS
OR DEVICES PROVIDED TI~T THEY PERMIT THE AUTOMATIC
E lTRY D XIT OF FLOODWATERS. THIS PROVISIO
APPLIES ONLY TO STRUCTURES CO STRUCTED WITH THE
1.0\:EST FLOOR AT OR ABOVE Til BASE FLOOD ELEVATIO •
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2.
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eapaai'y ••• 58Cfl:liata •pp•gpa=i••e hydrenljc •tu4 iea aDd
a •e•iew ~~~iilpaM ef euola redl·c•ion
(5 ) Me~ile Ra••• ~~NUFACTURED HOUSING.
(a) ALL MANUFACTURED HOMES OR THOSE TO BE SUBSTANTIAL-
LY I!~PROVED SHALL BE ELEVATED ON A PERMANENT FOUN-'
DATION SUCH THAT THE LOWEST FLOOR OF THE MANUFAC-
TURED HOME IS AT OR ABOVE THE BASE FLOOD ELEVATION
AND IS SECURELY ANCHORED TO AN ADEQUATELY AN CHORED
FOUNDATION SYSTEM. MANUFACTURED HOM ES SHALL BE
ANCHORED AS FOLLOWS: ~ ---... s .. lna•n•
wti Is h s pJ·csd willai= ••isti ..... ..., ••IItle
.-... ..,-•• .... di•i•h•• ...._ .._. eff-~hoe
~ e& tlais 05dian••• ~ ~ •••Ia•• .. \e.....-.
-ai.M 'fletlti-• ecllwpss,--l•••••l -' ~
pl'-idt .. a•• I' tlae , .. ••• .__ ~ -lell:-St
0 er-The Ton Ties
3 per s i (one a t each
o f he four corners plus
one additional tie per
side).
Frame T1es
6 per s1de (o ne
at ch corner
plus four addi-
tional 1es per
sid ).
..-ue MAN UFAC·
TURED Ho Mes
(Greate r than
50 feet long).
4 pe r side (one t each
of t he four corn rs plus
t wo additional ties at
inter diate location s ).
7 p r Sld (on
at ach corn r
plus fiv addi-
ional r
(11)
(b )
Ul
(H I
Any
Ho
In
aid a
media
1ona).
ACTU D
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b. Piling foundations shall be plea•• ._
.,.aa1e aail IW~ ~ ~ ~
~ DESIGNED BY A REGISTERED
ENGINEER.
-RRilli81'81.8R. ~ ~ pl'eii'A ... lei'
pilin'J8 nc?:•e ~~~ Mia•• •Ill•
'JI'tMIR. 1a ... 1
(c) No Melllile ~tANUFACTURED Home shall be maintained
for temporary or permanent liv i ng purposes upon
any private or public property in the City of En-
glewood, Colorado, unless the property is regis-
tered as a ••~i1e ~~UFACTURED Home Park.
(d) The City shall establish an evacuation plan for
Me~ile MANUFACTURED Home Parks and file the same
with the appropriate disaster preparedness
authorities .
(7) USE OF OTHER BASE FLOOD DATA. WHEN BASE FLOOD ELEVA-
TION DATA HAS NOT BEEN PROVIDED IN ACCORDANCE WITH SEC-
TION 16.4-16 d , SPECIAL PROVISIONS; THE FLOOD PLAI
ADMINISTRATOR SHALL OBTAIN , REVIEW, AND REASONABLY UTI-
LIZE ANY BASE FLOOD ELEVATION DATA AVAILABLE FROM A
FEDERAL , STATE, OR OTHER SOURCE IN ORDER TO ADMINISTER
SECTIOU 16 .4 -16 f, DEVELOPMENT PERMITS.
( 8) INFORMATIO!l TO BE OBTAINED AND MAINTAINED. THE FLOOD
PLAit AO:U ISTRATOR SHALL ODTAIN AND MAl TAIN THE FOL-
L0\11 G I FO \ATIO :
( )
(a) ODTAI D RECORD Til£ ACTUAL ELEVATIO (I RELA-
TI TO M SEA LEVEL) OF THE LOWEST FLOO (I -
CLUDI G BAS£ME T) OF ALL OR SUBSTANTIALLY IM-
PROVED STRUCTURES.
(b) FO ALL t t\1 0 SUBSTANTIALLY IMPROV D FLOO PROO £0
ST U TURE"':
(1)
( l1)
< e l lA I
TAl
Tl ICATI
.4-l h,
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~~PPED BOUNDARY AND ACTUAL FIELD CONDITIONS). THE PER-
SOil CONTESTING THE LOCATION OF THE BOUNDARY SHALL BE
GIVEN A REASOtlABLE OPPORTUNITY TO APPEAL THE INTER-
PRETATION .!!,.S PROVIDED IN SECTION 16 .4-16 m, VARIANCE
PROCCDURE.
Adr.linistration.
( 1) F lood Plain Adlrlinistrator . The Director of Community
Development or his assignee shall be the Flood Plain
Administrator and shall enforce the provisions of this
Chapter . THE DEPARTMENT OF ENGINEERING SERVICES SHALL
PROVIDC THE FLOOD PLAIN ADMINISTRATOR WITH A TECHNICAL REVIC\~ OF ALL APPLICATIONS TO BUILD WITHIN THE FLOOD
PLAIN OR A DRAINAGE UA\' PRIOR TO THE ISSUANCE OF A
FI,OOD PLAI~ PERMIT.
(2) Flood 1 in Zoning Permit. A Flood Plain Zoning Permit
obtained from the Flood Plain Administrator
Duilcing Permit can be issued for any use sub-
o he provisions of the chapter and before any
w rcour e cnn be altered or relocated. In the event
of , n a:>p lica ion r quc!itlng an alterat1on or reloca-
ion of a w crcours , all adJacent communities and the ~ (;eel'•la·tioR'9 OUioe COLORADO WATER CONSERVATION
B RO shall be no ificd prior to any ction. Copies of ~ td no 1f1c~ ion shall be ubm1tted to the ~ ~ FEDCRAL eMERGENCY MANAGEMENT
(4) (11)
RESULT 0
OF TH EXTE T TO WHICH ANY WATER
t ALTCR 0 0 R LOCATED AS A
TlAL S UCTUR IS I -
LO TH BAS LOOO
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s~~ ion 16.5-2 Private Garages .
a . Comm e rcial Vehicles . In no .._. EVENT shall more than one
coMmercial vehicle be stored on property in any residential
zon di s trict , whether in a private garage or carport, in
an o ff-str ee t parking space or in an open-space area, and
t h e size of said comme rcial vehicle shall not exceed
vehi c l e wei g ht o f 6 ,000 pounds (60 c .w .t .) a s defined i n
the ~En glewood l·lunicipal Code 1985, Section lt a a(eJ
11-1-4 E . FOR TilE PUR POSE OF THIS SECTION , A ROAD TRACTOR
OR TRUCK TRACT OR SHALL NOT BE DEEMED A COMMER CIAL VEHICLE,
Af D NO ROAD TRACTOR OR TRUCK TRACTOR SHALL BE PARKED OR
STORED I AN Y RE S IDENTIAL ZON E DISTRICT NO COMJ.1ERCIAL
VCIIICLr: SH AL L DE STOR ED ON PUB L I C PR OP ERTY OR IN TH E PUBLIC
RIGIT-OF-IAY . SP ECIAL liOBIL E EQUI PME NT MAY BE PARK ED ON
PU LIC RIGIIT-OF-IIAY \'lHEN NEEDED FO R EME RGE CY CALL S BY THE
PCRSO DRIVING IT .
Section 1~.5-3 Pub l ic Ga r a ges, F i ll 1ng Sta t ions , Pa r k 1 n g Ar eas ,
VEHICLe STORAGE LO TS a nd Car S a l es Lo t s .
u . g , Surfacing and Main Areas u J ct o
d tr f ic , ~H ET H ER FOR G , SALES OR STORAGE ,
~.
h .
be prop rly r a d d for dra1n , prov1d
d ten 10n o( torm runoff , nd b surf ced w1 h concr
asphaltic concre t , aspha l t , or brick pav rs, sub) c
h pprov 1 of he De p a rtm n o Eng1neer1n9 S rv1c
Such ar a~ ~h 11 b main ain d 1n good cond1 1on , r
w d , d1rt, ra h and debris .
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lot on which the loading space is located abuts upon an
alley , suc h l oa ding space shal l adjoin the alley unless,
because of the design of the b ui lding served by the loading
space , i t is not feasible to have an access to the alley.
The length of the loading space may be measured
perpendicular to or parallel with the alley, except that on
lots les s than thirty-five (35) feet in width, the length
of such l oading spac e shall b e measured perpendicular to
he alley . llh ere sa id length is parallel with the alley ,
the loading space s hall extend across the full width of the
lot , xcept ha if only two (2) such spaces are required,
the leng h need not exceed si xty (60) fee . The loading
h~r h shall b designed so that the v hicle sha ll not
ex ~nd in o thP public righ -of-way from the off-st r t
load1nrr sp ce .
V1ola 10n and Penalty .
AAy fMICii~A, U....., QC 4::01'pQCilltiOA ~ "iOlatee, di&~yll, -ite•
A&~lae~e •• ce(w&ee to oo.ply vi~~~ ceei11t11 ~ ••foco .. aAt~
.-,. Qt 4be proviii.ioAii ~ tbia OcdiAaA~;e ~ 9&-.f-Hted-RM--lees
th&ft teft dAllaFS ~~~.OQ4 ~ ~han thr ~hQUAAddFC&&d.·-d~~~
($::.100.99~ f &MNI ~~ a "'iehtoi~•
~ f s~. ~y 8w1ldift!8 ere•-•••
....,_11--00~1' pr-i 888 UiUtd iA "i~lillti-a. aRy-
pi'G".i&.iOD5 4ii),f ~ Ord&o a nae ~ ..&a¥-e·endlsteA&. t.ea=ese • ......_. t.e .... y
~~ieanee and e~eh e~n n~isanee ~~
· ftPe -~ -.ey-hereaf~er t.e
'l"llS ('fl "'TE" IS "'Ul.l .Jr. T T TltOSE
, PF",\I.n: S.:.CTJCJ 0 THE
01:'
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C RIT I CA L FEATURE -AN INTEGRAL AND READILY IDENTIFIABLE PART OF A
FLOOD PROTECTI ON SYSTEM, WITHOUT WHICH THE FLOOD PROTECT I ON
PROVID E D BY TH E E NT I R E SYSTEM WOULD BE COMPROMISED.
FLOOD OR FLOOD I NG -...___.._ ~_. ~ etl'e-, watei'OOIII'IIe,
4:allle ec a~h ... 'ady ..oL ., ... ,~ vates~ t"f"'PI·u• 1 y ou••'1 cwe
-.. iR'IIA41A~•• a41j aae1111t ~ wi.ola ~ affeo~ otlae~: ~ 811116-
ac•ivi•i•e thrgn'Jb ~ •l•••t.ie• ......... y., ... , •• i ........ .
'JI'O'IA41 ~ leuel. A G ENERAL AND TEMPORARY COND I TIO N OR PARTIAL
O P C0'-1P L FT E ! U DATI O N OF NO RMA LLY DRY L AN D AREAS F ROM:
( 1 ) TH E 0 \IEPFL OW OF INT~AN D OR TI DAL WATER S AN D /O R
( 2 ) T HE UN!lSUAJ. AN D RAPID ACCU MULAT ION OR RUN OF F O F SURFACE
WAT CRS FR OM Y SOURCE .
FLOODWAY --fitft pert:ie1111 ei ...._ Pl••• Plai.1111 ~i.et~:i.et ~:e .. i.~:e• fol'
..... IP8a881111Mtle -paeeal)e -111111111111Trey8111111118 of -.lae 100 ye-f1CIII41 ......
ie ~Ia• •~"•• ol ei.l)llllilieallllt 41eptlae AIMi-•,.1-iti.ee; ...._...._ aeaei•
e1:at i-elao'll141 .---CJiveA to elf-•• -Of UJ..1, ..J.oee-...t-e~:oee
al!etieftal ~..e.. aft• rea-.l,iiiiiiJ illllal'••••• ~ •-f••• Ne¥&-
~. T HE f'KA W ET, O F A R IVE R OR OTKER WATERCOURSE AND T HE ADJA-
C'F T NO ~" S 'l'II A UST P R ESE RVED I ORO R TO DI S C HARG THE
SF F(.()(ll') I lTHI T CUMULATIVELY I CREASI G TH WA T ER S UR F ACE
F.£, V 't'TI') MORE' TH OOT.
y A
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MANUFACTURED HOME -STRUCTURE, TRANSPORTABLE IN ONE OR MORE SEC-
TIONS, WHICH IS BUILT ON A PERMANENT CHASSIS AND IS DESIGNED FOR
USE WITH OR WITHOUT A PERMANENT FOUNDATION WHEN CONNECTED TO THE
REQUIRED UTILITIES. THIS TERM ALSO INCLUDES PARK TRAILERS,
TRAVEL TRAILERS AND OTHER SIMILAR VEHICLES PLACED ON A SITE FOR
GREATER THAN 180 CONSECUTIVE DAYS.
MANUFACTURED HOME PARK OR SUBDIVISION - A PARCEL (OR CONTIGUOUS 1
PARCELS) OF LAND DIVIDED INTO TWO OR MORE MANUFACTURED HOME LOTS
FOR RENT OR SALE.
MEAN SEA LEVEL -FOR PURPOSES OF THE NATIONAL FLOOD INSURANCE
PROGRAM, THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929 OR
OTHER DATUM, TO WHICH BASE FLOOD ELEVATIONS SHOWN ON A COMMUNI-
TY'S FLOOD INSURANCE RATE MAP ARE REFERENCE D.
MINOR STREET -THE STREET NOT CONTROLLED BY A STOP OR YIELD SIGN.
MOTOR VEHICLE -ANY SELF-PROPELLED VEHICLE WHI CH IS DESIGNED
PRIMARILY FOR TRAVEL ON THE PUBLIC HIGHWAYS AND WHI CH IS
GENERALLY AND COMMONL Y USED TO TRANSPORT PERSO S AND PROPERTY
OVER THE PUBLIC HIGHWAYS, BUT THF TER~ DOES NOT I CLUDE MOTORIZED
BICYCLES AS DEFHED I SUBSECTIO, (o) 0 "RTlCLE. XX IV , SECTIO
2 4 -3, ODEL TRAFFIC CODE FOR COLORADO MU ICIPALITIES, REVISED
1 77 . FOn PU POS"S OF THE OFFE SES DE CRIBED I S TIO S
42-4 -1201 TO 4 2-4 -1203 C .R.S. roR FARM TRA TORS OPERATED 0
STREETS D HIGHWAYS, "M OTOR VEHICLE" INCLUDES A F~ TRACTOR
WHICH IS OT OT H RWISf:: CLJ\SSI lED AS A MOT OR V HICL .
0 THI
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THEREON EITHER INDEPENDENTLY OR ANY PART OF THE WEIGHT OF A
VEHICLE OR LOAD SO DRAWN.
SEMI-TRAILER -ANY WHEELED VEHICLE, WITHOUT MOTIVE POWER, WHICH
IS DESIGNED TO BE USED IN CONJUNCTION WITH A TRUCK TRACTOR SO
THAT SOME PART OF ITS OWN WEIGHT AND THAT OF ITS CARGO LOAD RESTS
UPO N OR IS CARRIED BY SUCH TRUCK TRACTOR, AND WHICH IS GENERALLY
AND COMMONLY USED TO CARRY AND TRANSPORT PROPERTY OVER THE PUBLIC
HIGHWAYS.
SPECIAL MOBILE EQUIPMENT -MEANS AND CONSISTS OF VEHICLES, SELF-
PROPELLED OR OTHERWISE, DESIGNED PRIMARILY FOR OPERATION OR USE
ON OR OFF THE STREETS AND HIGHWAYS AND ONLY INCIDENTALLY USED OR
MOVED UPO N SUCH STREETS OR HIGHWAYS. THIS DEFINITION
S HALLINCLUDE BY WAY OF EXAMPLE, BUT NOT BY WAY OF LIMITATION,
S .OWP LOWS, ROAD CO STRUCTION OR ~~INTENANCE EQUIPMENT,
DITCH-DIGGING OR EXCAVATING APPARATUS, WELL-DRILLING OR BORING
EQUIPMENT, FIREFIGHTING EQUIP MENT AND VEHICLES DESIGNED TO
TR SPORT EQUIP~E T D VE HICLES USED IN CONNECTION WITH OR FOR
THE R PAIR AND MAl TE A CE OF CONSTRUCTIO N OR MAINTENANCE
F:Ql IP r•lT TEMPORARIL Y OR PERMA NENTLY MOUNTED ON SUCH VEHICLES,
PROVIOI'O THAT SUCH EQUIP1E TIS TRANSPORTED FROM YARD TO JOB, JOB
TO JO , OR ,JOB TO YARD AND EQUIPMENT PRIMARILY DESIGNED FOR
UOIST G , LIFT! G, MOVI G, LOADING OR DIGGING OPERATIONS . THE
F REi.QI.'G D FI ITIO IS PARTIAL AND SHALL NOT INCLUDE OTHER
Vf.JltCl, .S OF U USUAL DESIGN, SIZE OR SHAPE THAT ARE DESIGNED
PRT RILY FOR PllRPOSES OTHER THAN TRANSPORTING MERCHANDISE OR
P S f' GERS.
G OF A VEHICLE, WHETHER OCCUPIED OR
OR TH£ PURPOSE OF A D WHILE
OR DISCI~GI N G PASSENGERS.
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SUBSTANTIAL IMPROVEMENT -Aay •epa&•, •aeeas~..a~&oa, ~
i~~p•o· ••••~ :OC: .... p•ap••~Y• ~--· ees~ H wlaie-. •1111•1• ~ •••••., ~
pa•eaRt; ef ~-.. fai• eu:ka~ ~ ~ ~-.. p•apa•toy eitoha• ~
befo&:a ~ illpEO"s•sat Y. S~SE~atl 4K ~ if ~--· pJF;8p9E~Y .... lassR
•e·e~ed ..-.4 ~IJei.acJ •••~a~••• la•faa:e 4ille-1 """')• oc:au•PM'
&...,atoaRtiial i~~p•ar;raasa~ _j,._ •~•..,*•• ~ Uae fis:st: al~a&:s~ioa eL
Ma¥-.-l.l., cailiA'Jo floo&:, ...,_ ~ s~s:ua~U'al ~---.W.. 1
b!Jildin') c: Aces ANY REPAIR, RECONSTRUCTION OR IMPROVEMENT OF
A STRUCTURr., THE COST OF WHICH EQUALS OR EXCEEDS 50 PERCENT OF
TH~ :ARK ET VALVE OF THE STRUCTURE EITHER:
(a) BEFORE THE IMPROVEMENT OR REPAIR IS STARTED,
OR
(b) IF THE STRUCTURE HAS BEEN DAMAGED AND IS
BEING RESTORED, BEFORE THE DAMAGE OCCURRED. FOR
THE PURPOSE OF THIS DEFINITION, "SUBSTANTIAL
IMPROVEME NT" IS CONSIDERED TO OCCUR WHEN THE FIRST
ALTERATION OF ANY WALL, CE ILING, FLOOR, OR OTHER
STRUCTURAL PART OF THE BUILDING COMMENCES, WHETHER
OR NOT THAT ALTERATION AFFECTS THE EXTERNAL
DIMENSIONS OF THE STRUCTURE .
TilE TERM DOES NOT, HOWEVER, INCLUDE EITHER:
(a) ANY PROJECT FOR IMPROVEMENT OF A STRUCTURE TO
COMPLY WITH EXISTING STATE OR LOCAL HEALTH,
SANITARY, OR SAFETY CODE SPECIFICATIONS WHICH ARE
SOLELY NECESSARY TO ASSURE SAFE LIVING CONDITIONS,
OR
(b) ANY ALTCRATI ON OF A STRUCTURE LISTED ON THE
ATIONAL REGISTER OF HISTORIC PLACES OR A STATE
I VE TORY OF HISTORI C PLACES.
Y. WHF. LED VEHICL , WITHOUT MOTIVE P R HAVI G AN
OF MORE TIIAN TWO TIIOUSAND POUNDS, WHICH IS DESIG EO
Y MOTOR VF.IIICLE AND TO CARRY ITS CARGO LO WH OLLY
TR CT R A 0 WHI CH IS GE ERALLY 0 C LY. US
TRA SPORT PROPERTY OVE TH PUBLIC HIG ~Y.S.
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TRUCK -ANY IOTOR VEHICLE EQUIPPED WITH A BODY DESIGNED TO CARRY
P'RCi'P'ERTY Am WHICH IS GENERALLY AND COMMONLY USED TO CARRY AND
TRANSPORT PROPERTY OVER THE PUBLIC HIGHWAYS.
VARIANCE -A GRANT OF RELIEF FROM THE REQUIREMENTS OF THIS
ORDINANCE WHICH PERMITS CONSTRUCTION IN A MANNER THAT WOULD
OTHERWISE BE PROHIBITED BY THIS ORDINANCE.
VIOLATION -TilE FAILURE OF A STRUCTURE OR OTHER DEVELOPMENT TO BE
FULLY COMPLIANT WITH THE COMMUNITY'S FLOOD PLAIN MANAGEMENT
REGULATIONS. A STRUCTURE OR OTHER DEVELOPMENT WITHOUT THE
ELEVATION CERTIFICATE, OTHER CERTIFICATIONS, OR OTHER EVIDENCE OF
COMPLIANCE REQUIRED IN NFIP STANDARDS SECTION 60.3 (b) (5), (c)
(4), (c) (10), (d) (3), (e), (2), (e) (4), OR (e) (5) IS PRESUMED
TO BE IN VIOLATION UNTIL SUCH TIME AS THAT DOCUMENTATION IS
PROVIDED.
VISIBLE SIGHT TRIANGLE -IS ESTABLISHED BY A DISTANCE (d) ON THE
MAJOR STREET (MEASURED FROM THEFLOWLINE ON THE MINOR STREET), A
DISTANCE OF 10 FEET ON THE MINOR STREET (MEASURED FROM THE
FLOWLINE ON THE MAJOR STREET AND CONNECTING THOSE DISTANCES TO
FORM A SIGHT LINE.
WATER SURFACE ELEVATION _ _.._ el .. eU .. ._, INlMi-....__.. ....
4e'Mt......-cte4 i0=5e •• .., .... .-y flllll ........... w... -.. ,t: .........
IIFe .. eRoi-M ...-~••••~ peiM• ~ •· e~5en THE HEIGHT, IN
R~LATION TO THE NATIONAL GEODETIC VERTICAL DATUM ( GVD) OF 1929,
(OR OTHER DATUM, WHERE SPECIFIED) OF FLOODS OF VARIOUS MAGNITUDE S
AND FRE0UENCIES IN THE FLOOD PLAINS OF COASTAL OR RIVERINE AREAS.
VEHIC E -NY DEVICE WHICH IS CAPABLE OF MOVING ITSELF, OR BEING
~OVED, FR0114 Pl.AC TO PLACE UPO WHEELS OR ENDLESS TRACT ItS; BUT
SUCH TERM SHALL NOT MEA OR INCLUDE ANY FARM TRACTOR OR ANY
IMPL EMENT OF HUSBANDRY DESIGNED PRIMARILY OR EXCLUSIVELY FOR USE
Atm USED IN AGRICULTURAL OPERATIONS, OR ANY D VIC VED BY
MUSCULAR POWER, OR MOVED EXCLUSIVELY OVER STATI ARY RAILS OR
TRAC S, OR DESIG D TO VE PRIMARILY THROUGH TH AIR.
In rodue d, r d in full, nd p aa d on 1ra r din9
on 18th 0 May, 1 87.
p lia ill or n Orc51n nc 0 20 y 0
ay, 1987.
R ad, d, nd p • d • cS 2 th y 0
n • 1 7.
Pu • ncS cS on July,
1 87.
d y nd p hn 1 r y
0 uly, 1 7.
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Published by title as Ordinance No.
the 22nd day of July, 1987.
Attest:
Patricia H . Crow, C~ty Clerk
, Series of 1987, on
Eugene L. Ot~s, Mayor
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado , hereby certify that the above and foregoing is a true
copy of the Ordinance passed on final reading and published by
title as Ordinance No. , Series of 1987.
Patric1a H. Crow
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9
ORDINANCE NO. ~~
SERIES OF 198~ COUNCIL BILL NO. 31.1
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, AND CHAPTER 3C,
SECTIONS 1 AND 2, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO
HOBBY-TYPE AND DERELICT VEHICLES.
WHEREAS, to implement the goal of a pleasing environment to
the citizens of Englewood, City Council has imposed restrictions
on the storage of junk in yards and the number of hobby or
d relict vehicles that can be kept and/or worked on; and
WHEREAS, to implement this goal, City Council has placed
considerable emphasis on the diligent enforcement of these
restrictions ; and
WHEREAS, from time to time the se restrictions need to be
rPvised as City Council deems necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. Title 6, Chapter 3, Section 2, Englewood
Municipal Code, titled DEFINITIONS, is ..ended by changing the
definition of HOBBY TYPE VEHICLE to read as follows:
1 as.
6-3-2: DEFINITIONS: As used in this Chapter, unless the
context otherwise requires:
HOBBY TYPE VEHICLE Any vehicle of the following type in
the process of being bu i lt, restored,
or aainta1ned as a d1vers1on froa
on •a regular occupa ion for the
purpos of r laxation: (a i rcraft,
boa s, c lassic cars, exp ri .. ntal
c rs, off-ro d vehicle s , race cars
ad OR d r 1 c v h c l s ).
r 3, Arti c l C, S ction 1, EMC
as follows:
-JC-1 : VEHI CLES IN R SID NTIAL ZONES:
A.
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BY AUTHORITY
ORDINANCE NO. ~~
SERIES OF 198~ COUNCIL BILL NO . 31 .1
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, AND CHAPTER 3C,
SECTIONS 1 AND 2, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO
HOBBY-TYPE AND DERELICT VEHICLES.
WHEREAS, to implement the goal of a pleasing environment to
the citizens of Englewood, City Council has imposed restrictions
on the storage of junk in yards and the number of hobby or
d relict vehicles that can be kept and/or worked on; and
WHEREAS, to implement this goal, City Council has placed
considerable emphasis on the diligent enforceaent of these
restrictions; and
WHEREAS, from time to time these restrictions need to be
revised as City Council deems necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. Title 6, Chapter 3, Section 2, Englewood
Municipal Code, titled DEFINITIONS, is ..ended by changing the
definition of HOBBY TYPE VEHICLE to read as follows:
1 85,
6-3-2: DEFINITIONS: As used in this Chapter, unless the
context otherwise requires:
HOBBY TYPE VEHICL E Any vehicle of the follow ng type in
th process of being bu lt, restored,
or maintained as a div rs1on fro.
on 's r gular occupat on for the
purpose of relaxa ion: ( 1rcra!t,
bo ts, classic cars, ex ri .. n al
c rs, off-ro d v hicl •· r ce cars
nd 0 r l e v h el s ).
Ch pt
d
e ion 1,
-3C-l : V HICL S I N R!SID
A.
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STORED IN A FULLY ENCLOSED GARAGE OR SIMILAR STRUCTURE.
A person may store the vehicle in a carport or open
area if .-. ~ the vehicle and its parts ARE KEPT
covered with a TIE-DOWN canvas or other opaque
covering. Storage or covering is not required when the
vehicle is actually being worked on.
..., .._ ••••-~ INil•• _....,. .... -le••i• -•• •tn ..... -..... u., ... ~ ••tiel• au, d .. .-· ~ ••el•••• ••••«J•-M.....,... .... ill•aee ~ ~~
~ No person shall store or work on any hobby or derelict B. vehicle within hie •••61•••• THE required front yard
SET~~ or IN OR ON any PUBLIC PROPERTY OR .. jaaaa•
lj~~t--of -way.
~y PERSON OR PARTY, WITH PROPERTY WHICH HAS NO
ADEQUAJ~~CCESS TO THE REAR YARD OR WHO HAS NO GARAGE,
~:18 fttnNG A VARIANCE OR OTHER HEARING BEFORE THE
ENGi.EWOOD BOARD OF ADJUSTMENT AND APPEALS IN ANY MATTER
RELATING TO THIS SECTION SHALL NOT BE REQUIRED TO PAY
ANY FE E TO THE CITY FOR SAID PROCEDURE.
Section 3. Title 6, Chapter 3, Article C, Section 2,
En g lewood Municipal Code 1985, is hereby a.ended to read as
follows:
h 1
6-lC-2: VEHICLES IN BUSINESS ZONES:
A. No pers on shall keep a hobby or derelict vehicle in a
bu s ine s s zoned di s trict unles s SUCH VEHICLE it is
s tored in a fully enclos ed s tructure or behind the
pr i ncipal structure in an area screened froa view of
a d j acent properties and public rights-of-way.
8 . No penon who RESIDES .. i-6p•UJ' ....... .._ ... il
... ts•lJ i n A busi ne ss OR INDUSTRIAL ZONE DISTRICT
sha ll k eep aore t han o ne ho bby or d r l ict veh i cle
h proper y.
n full, nd p as d on t1ra r ading on
ubliah d aa a Bill for n Ord1nanee on th 20 h d y o
H y, 1987.
R d,
Jun , 1987.
nd d , and paaa d aa
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Published in full as amended on the 8th day of July, 1987.
Read by title and passed on final reading on the 20th day of July, 1987.
Published by title as Ordinance No. ___ , Series of 1987, on the 22nd day of July, 1987.
Attest:
Eugene L. Otis, Mayor
Patricia A. crow, city clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado, hereby certify that the foregoing is a true copy of the
Ordinance passed on final reading and published by title as
Ordinance No. _____ , Series of 1987.
Patricia H. Crow
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C 0 U N C I L
DATE
JulY l, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
l/11
SUBJECT Allendllent of Title I,
Chapter 7, Section 5,
entftl~ •court Costs • EMC 1985
IN IT I A TED BY ____ C:.:h.:..:f..:.ef::.......:,;R::;obe==-r..:.t....:.R::.:. ..... Ho..::.:.l=•:.:s:..._ ___________ _
ACTION PROPOSED ___ ~Ad~o~p~t-'a:.:n~o~~~~~n~an~c~e~u.~nd~f~ng~~Tf~t~l~e~l~,-C:.:h~a~p~te~r~7L,~Se~c~t~f~o~n~S
of the Englewood Municipal Code, 1985, entitled •court Costs•
UfTROOUCTJ 011
li•~ts to court costs f~osed upon violators found guilty at .unicipal court
trials fs established by Colorado statute . For the past 15 years, the li•it
has been SS.OO. The Colorado House of Representatives Bill 11007 was enacted
into law .-nding Section 13 -10-13(3) CRS, authorizing .unfcfpal courts to
increase court costs to SIS.OO for trials to the court and $45.00 for trials
to a jury . The police depart•nt, fn concert with the city prosecutor and the
.unicipal court, reco..ends increasing .unfcipal court costs to the new li•it
now authorized by the state legislature.
Actual costs to the city for court and jury trials have continuously Increased
over the years and far exceed even the new li•fts for collection now allow -
able. The bu~en of these expenses 1re borne by the tu paying eft tzenry and
it s ... s appropriate that the defendant, found guilty through the court pro -
cess, should assu.e a ~re proportionate share of such costs. These facts
have obviously been recognized and provided for by the state legislature.
Therefore, it se .. s appropr iate for the City of Englewood to take advantage of
the n allowable lt•fts to assist further In defraying these expenses .
F I IWIC I Al tellS JDOATJOIIS
The passing of this ordinance will not create any further costs to th city
and should Increase revenue froa court costs by at least S3 ,000 per year .
Th o~fnanc wa s prepared by the c1ty pros cutor with the cons nt and concur -
r nc of the c1ty attorn y's office and the .unicipal court .
CONCLUSIONS -HCCIME:IGATIOIIS
nd that th ordinance be passed as proposed •
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OODINN«:E NO.
SFlUES CF 198-7-
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BY At1l1DU'lY
A BILL Fm
C.C:U.::IL BILL NO. 37
~
AN CJIDINAN:E AMfX>Il«i TITLE 1, ~ 7, SEX:TI~ 5, TITLED ''CaJRT a:srs,"
FNiiDOD follaCIPAL CCDE, 1985. '
~. the Colorado House of Representative Bill NO. 1007 was
enacted into 1-aaending Section 13-10-ll3 {3) Colorado Revised Statutes,
authorizing the raising of llllnicipal court costs to Fifteen Dollars
($15.00) for a trial to the court and Forty-five Dollars C$45.00) for a
trial by jury; and
~. the City Council of the City of Engl-=-x!, Colora<b,
detennines that it is advantageous and necessary for the Engle«led
~micipal Court to be able to increase the llllnicipa.l court oosts because
such action is consistent with the present oores;
tOol~. 81: IT~ BY 'mE CIT'i ca.H::IL CF THE CIT'i CF
nG:D«XD, ~. 'nfAT:
Section 1. Title 1, 0\apter 7, Section 5, Subsection A, Engl-=-xi
fotJniclpa! &de, 1985, is hereby aB!nded to read as follows:
1-7-5:
A. Court , JUry and Witness Costs. 'nle JUdge shall tax and collect
as costs in every case br'ou!Jht before him a fee of-fiw t'l-••·•»
FIPI'EDl l:lC1LMS ( $15.00) , Atl> fat A 'nUAL 'ro A ~ THE can'S SHALL BE
f'<Rl'Y-FIVE DCLLMS C$45.00). In addition thereto, each Jl8t)er of a jury
panel who sh&ll attend the tb\icip&l Court llhal.l receive M ~tion
therefor the of three cbllan ($3.00), and each juror who shall attend
the ruucipa.l Court shall be entitled to a juror's fee of six cbllara
($6.00) per day or part of a day in which aa.id jurw shall be in
attendance. Each witness called by the City, ~offices or-1
of the c y, ll paid a witness f o five 11 ( .00) tor
day or part o a &ty in ~ich he shall in • fb:h jury and
wit 1 a part o the coats, and all uch ooa
ahall encSan in 1 !cund
quilty.
n ull, and on 4Q.th0
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Plmlished as a Bill for an Ordinance oo the ...u.na day of ...a•lo~.~u..,l&o.;yL---
1987.
Attest:
Patricia H. Crow, city Clerk
I, Patricia H. Crow, City Clerk of the City of &lglewcocS, Colorado,
hereby certify that the ilbove and foregoin} is a true copy of a Bill for an
crdinance, introcb:ed, read in full, and pasaed oo first readin} oo the
..2.Dt.h dlly of In 1 M , 1987.
Pat.rlcla H. Crow
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
INITIATED B'1th1ef Hol•s ypon regyest of prosecytiog attornex and .,nlclptl court
ACTION PROPOSED Adaptlgn gf ordinance ~~ending Title I. Chapter ZA. Sections
14 and 15 pf the EogliWQQd Mynlclpal Cpde. 1985.
I NTROOUC:TI 011
The ColorAdo House of RepresentAtives Bill No. 1007 wts entcted into law April
23, 1987, ..ending Section 13-10-113(2), C.R.S., Authorizing .uolclptl court
judges to suspend the sentence or fine of toy vlolttor tnd pltce hi• on probA -
tion for one yetr . This new ltw provides .web gretter flexibility tod tlternt -
tives to fine or jtil to sentencing. This would include probation, deferred
prosecution, etc., And would be 10 tdvtnttge for the City of Englewood . There -
fore, an ordinance to provide such tlternttives is hereby reca.~ended.
Prior to this tl .. , the .unlclptl court wts ll•lted to l~sltlon of fines, jail
or suspended fines. Sttte court judges htve had tlterottives tnd history has
d .anstrtted the advAntages of those alternAtives for purposes of
r ehabilitation.
F UWIC I Al COliS JDOATIOIIS
Th adoption of this proposed ordinance should have no financial i.p c
city .
LEiiAL OP un 011
This proposed ordinance wa s drafted by the city attorney's office wit
and concurr net of the .unlclpal court and Is authorized by, and cons
with, state ltw .
COIICLUS JOIIS -U:CCIIIMEieATIOIIS
nd nact nt of th proposed ordinance as written .
t
nt
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CR>ItwCE NO.
SElUES C£ 198-7-
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BY AlmDU'IY
A BILL~
~
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liN CJU)ltwCE 1\MDID:n«:i TITLE I, OIAP'l'flt 7A, ~ ~ICIPAL CCDE CR
1985, BY REPEAL:n«:i AND ~ SEX:TIOO 14 'l'HERtU' RElATDii TO IK'OSITIOO
C£ SEl'fl'ElCE liND BY HD:n«i A NDl SEX:TI OO 15 ml'ITLID "ALTERNATIVES IN
SENI'EN:n«:i ...
\~, the Colorad::> House of Representative Bill No . 1007 was
enacted into law amending Secticn 13-10-113 (2) Colorado Revised Statutes
authorizing nunicipal oourt juO:jes to suspend the sentence or fine of any
violator and place hiJn en probaticn for One (1) year ; and
WIIEREAS, the City CcAmcil of the City of Dlglewood, Colorado,
determines that it is advantageous and necessary for the Englewood
Municipal Court to be able to utilize probation periods of One (1) year,
because such action is OCXlSistent with the present nDres;
NCW ~, DE IT CKW\INID BY 'mE Cl'IY CXUCIL CR 'lliE CI'IY C£
EHiLE1«XX>' o:x.aw:x>, 'mAT;
Section l. Title 1, Olapter 7A, Section 14, Englewood t-U\iciple Code,
1965, i s het"Cby repealed and reenacted to r d as foll :
1-7A-14 : 1N'\SlTIOI ar SDI'l'!X:E :
/INY. PERS:fl \'H) PI..F.ADS QJIL'IY ~ NO CCNTEST, ~ IS cnNIC'l'ID C£ A
VICLATIQl C£ /INY. PIOIISIOO C£ 'l1liS COO£, MAY AS~
PIVJIIB), BE PUaD ~ ~ ~ liiSl.I'ERVI&m ~00 BY
A K.NICIPAL JtiXOE ~A '1'!214 NJl' TO EXCEm YEAR. ~100
STA'NS MAY BE IN LltlJ OF ~ IN ~ITI TO /INY. F ~JAIL
SfllJ"!X:E Il1POOID Fat '11 U: VICLATI
1-7A-15:
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2 • AIL 00. PART CF 'I!U:.: SfN1'fK:E MII.Y BE SUSPfH>m At«> '111E
DEFfHWfl' PLH:m CJI PKEM'ICJI FCR A 'lDM t«:11' u:HD THAN CJIE
YEAR.
3 • 'l1IE cam, wrm THE CXH>!N1' CF '11IE IEP1!HWl1' AR> '1'HE
PIO>EXl1l'ICJI, MY DEFER ~ AR> SI:N1'ElCE FCR A '1DM t«:11'
u:HD THAN CJIE YEAR.
4. '1'HE IEP1!HWl1' MY BE SI!N.l'I!2CD TO PA»4ml' CF COSTS.
B. '11IE .UUCIPAL c:am J\IXZ MY IK'OSE REASCIW!LE CQI)ITICJIS UPCJI
SlJSP!KI!D sarl'fK:ES AR> PmUCilS CF P10Wl'ICJI AR> REIJa<E SOCH
SlJSPDISICJIS AR> PPJUOOS CF PIQSM'ICJI AR> REIMnM'E Nl'i SDft"f2CE
H>JtDGm 00. IK'OSE Nl'i AlmDUZD> smmH::E FCR A VICI.ATICJI CF
'1'HE CQI)ITICJIS •
Introcb::ed, read in full, and passed on first read.ing on the
.2.Q.th. day of In 1 'j , 1987.
Published as a Bill for an ordinance on the ..2..2Ad day of
In]¥ 1 1987.
&~gene L. 0t1a, Mllyor
Attest:
Patricia H. Cl'olot, city clertt
I, Patricia H. Cl'olot, City Clerk of the City of DlglMIOOd, Oolocldo,
hereby certify that the llbcHe MIS tcngoing 1a a true copy of a Bill foe .n
Qr:dinarv:e, introcb:led, read in full, .nd pMMd on first readi.ng on the dily 20th
ot Julv , 1987.
Patricia H. craw
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
July 1, 1987 Seat Belt Ordinance
1 NIT 1 ATED BY ____ R_obe_r_t_R_._Ho_l_~~e_s •:..__C_hi_e_f_o_f_Po_l_i_c_e ________ _
ACTION PROPOSED _____ ~~op~t_i_on_o_f_a_n_or_d_i_na_n_c_e_,_r_e~qu_i_r_in~g:..__t_he_u_se_o_f _s_e_a __ t
belts, consistent with the new Colorado statute which beca.es effective
July 1, 1987.
The Colorado State Senate Bill No. 12 was enacted into law and adds a n sec -
tion, 42 -2-2 36 CRS, providing for the •andatory use of seat belts In .ator
vehicles . Colorado Revised Statutes 42 -4-108, 42 -4-109, and 42 -4-235, au -
thorize .unlcipalities to enact ordinances requiring the .. ndatory use of sea
belts In .ator vehicles .
Since there presently is no city ordinance requiring •andatory use of seat
belts, pollee offlc rs apprehending violators of other .unlctpal traf lc or ·
dlnances who are also in violation of the state seat belt law would, th r ·
fore, have to write two su.10nses, one in to the Engl..ood Municipal Court and
one to the Arapahoe County Court (for the seat belt violation); or
state su..ans Into county court for both v olatlons . Consequ ntly,
tor would be unduly inconvenl need and the City of Engl od uld
of rev nue st tng fro. any f n s.
1 t ord nant
Fl IAL COIISID£RATIOMS
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LEGAL OPINION
This proposed ordinance was written by the city prosecutor, with the consent
and concurrence of the city attorney and the .unicipal court , and contains language consistent with the state law.
CONCLUSIONS AND RECONNENDATIONS
I urge the adoption of the proposed ordinance as written.
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ORDINANCE NO.
SERIES OF 198-7-
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{~'~-A BILL FOO
CXXN:IL BILL NO. 39
INl'ROOlqD BY CXUCIL
~ !;ld.tJ
AN ORDI~ AMEN>ING TITLE 11, CHAPTER 1, SEr'l'ICN 10, ~ KJNICIPAL
CCOE OF l?_ll5 y-ENI'ITLED "PENALTIES ," DY REl«J.IBERING THAT SEX:TICN ro READ
TITLE 11! CHAPTER 1, SEr'l'ICN 20; AND BY AIDING A Nru SEX:TlCN 10 RELATING ro
SAFETY BELT SYSTEMS -mlDA'RRY USE -CHilD RESTRAINr SYSTEMS -EXE11PTICNS.
WHEREAS, the Colorado State Senate Bi ll No. 12, was enacted into law
and adds a new Section 42-2-236 Colorado Revised Sta tues providing for the
mandato.ry use of seat belts in rrotor vehicles . Under the provisions of
Sections 42-4-108 , 42-4-109 and 42-4-235 CRS, municipalities have authority
to enact ordinances requiring the mandato.ry use of seat belts in rrotor vehicles ; and
WHEREAS, City Council of the City of Englewood , Colorado,
de ermines thil it is advantageous to enforce the use of seat belts through
a nunicipal ordinance to provide oonsistercy in enforcement and to avoid
the splitting of off nses be n the s~ate and the munici-pality ;
~ 'nlERI:'TCRE, OC IT ORDAINED BY 'IHE CITY CCUJ:IL OF 'l11E CITY OF ~. ca.av.oo , THAT:
A.
11, Olap er 1,
ndcd by ch
11-1-20: ~:
1, Eng1
ion 10 to
10 , &oc;1ewood ~cipal
1011 nurber re<ld as
' 1985, .1a
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B. 1. UNLESS EXENPTED PURSUANT TO SUBSFX:TIOO C OF THIS SFX:TIOO, E.VmY
DR~ OF AND E.VmY FRCNl' SEAT PASSEN:iER IN A ~ VEHICLE
ECUIPPED WI'lli A SAFE:l'Y BELT SYS'l'Fl1 SHALL ~"lEAR A FASTENED SAFE:l'Y
BELT I·IHILE nm ~uroR VEHICLE IS BEI~ Cl'~TED 00 A STREET ffi
lliGHI·DW IN THIS STATE.
2. 1Wi Pm500 Cl'~T~ A r.urOR. VEHICLE MULE HE 00 1Wi PASSEND IS
NCYl' IN CG1PLIANCE m:m THIS OODitwCE VIOlATES THIS OODitwCE AND
IS SUDJEX:T TO BE~ PUNISHED AS PROIIIDED IN SFX:TIOO 1-4-1,
ENGLEI'OJO 1-IJNICIPJ\L COOE 1985.
C. 'Tim ~IREl1ENI' OF St.JBSEX:TICl~ B OF 'nUS SEX::TIOO SHALL NCYr APPLY TO:
1. A CHilD REUIIRED BY SUBSFX:TIOO E TO BE RESTRAINED BY A CHilD
R.ESrnAINl' SYS'm>1;
2. A MEl·13m OF ANN~ 'l"F.N-1, ~ ~ '1\IE OOIVER, \tiULE
INVOLVED IN PATIENI' CARE;
3. A PEACE OFFICER, LE.VEL I, AS DEFINID IN SFX:TIOO 18-1-901 (3) (1)
(I), C .R .S., l'l!ULE PERFORr·U~ OFFICIAL OOI'IES 00 LCN:i AS THE
PERFOOr·WCE OF Sl\ID lXll'IES IS IN ACCCliDANC:E WITH RULES AND
Rm.JLATIOOS APPLICAnLE TO SAID OFFICER UlliCH ARE AT LEAST AS
RESTRICTIVE liS SUBSIX:TIOO 8 OF 'nliS SEX::TIOO AND \4i!Ol Y PR)'o!II)£
EXCEPTIOOS m:x:I:SSARY TO PRCYI'O:T 'TilE OFFICER ;
4. A Pmsetl \·IT'ni A PHYSICALLY ITI
\-,1JOSE PllYSICt\L OR PSYO ICJ\L DISABILITY PREVfNI'S APPJO>RlAT'£
RESmAINT Iri l\ S.~ no.; S\' I IF SUCII P ·
I ITTDI STI'\ 0:'1' BY A PIIYSICI/1: CE:n'Ui'It.C 'IliE ITI , AS \4l..L
AS STATI!:G 'Till: I \lilY I Rl:S'l'MINT IS INAPProPRIATE;
5.
7.
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B. 1. UNLESS EXEl-IPTED PURSUANT 'ro SUBSOCTIOO C OF THIS sa:::TIOO, EVmY
DRIVrn OF AND EVmY FOCtll' SFAT PASSEN:iER IN A K:Jim VEHICLE
a;;uiPPID WI'rn A SAFET'f BELT SYSTFM SHALL \'£AR A FASTENID SAFET'f
BELT \·IHILE 'lliE f.x:Yl'CR VElUCLE IS BEI~ CPERATED 00 A S'l.'Rml' 00
IIIGII·JAY IN 'rniS STATE.
2. lWi PmscN CPERATIN; A K:Jim VI:lUCLE WHILE HE 00 lWi PASSFNGm IS
NOr IN CXM>LIANCE \"llnl THIS OODitWCE VIOlATES THIS OODINAOCE AND
IS SI.JB.ID:l' 'ro BEI~ PUNISHED AS PROVIDID IN SEX:TIOO 1-4-1,
FlG..E\~ !WICIPAL COOE 1985.
C. THE Ra;;uiiiD-1ENI' OF SUBSEX:Tia~ B OF n!IS sa:::TIOO SHALL NOr APPLY 'ro:
1. A OUID REX:lUIRfD BY SUBSEX:TIOO E 'ro BE RES'mAINED BY A OUID
RESTRAINT SYSTFM;
2. A MEl-mER OF AN NIJ..ILNCE TEN·t, cmo ~'mE !JUVER, ...ULE
INIXlLVID IN PATIENr CARE;
3. A PF.AC:L CFFICI:R, LE.VEL I, AS DEFINID IN sa:::TIOO 18-1-901 (3) (1)
(I), C.R.S., UlliLE PERFOR!Ul CFFICIAL DUriES SO UN; AS 'mE
PrnFOOlWCE OF SAID Ol1I'IES IS IN ACCOOOANCE WI'lll RULES AND
runJLA'l'IOOS 1\PPLICAilLE 'ro SAID CFFICER \~IIOI ARE AT LFAST AS
RESTRICTIW /IS SUBSlX'TI D OF TlliS sa:::TIOO At-1) \IHIOI OOLY PROVIDE
EXCEPTIOOS rm:rssAAY 'ro PROI'OC'I n!E CFFICER;
4. A PERro~ 1-.'!Tll A PIIYSICALLY at PSYO
s.
6.
7.
1.
l-lliCliSL PIIYSIC'\1, 00 PSYO
RES'mAINT l3'i A SArCTY oa; SY.,
\ 'I'TOl STi'\.
AS STNrit
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SAFETY BELT MEANS A LAP BELT, A SIUJIDER BELT, ~ PNi amER BELT ~
CQolBINATIOO OF BELTS INS'l'ALLED IN A ~ VDIICLE TO RESTRAIN 0~ AND
PASSa«iERS, EXCEPT PNi SOCH BELT WHIOI IS PHYSICAlLY A PART OF A ClUID
RESTRAINl' SYSTEM. "SAFETY BELT" INCUDES THE~. THE BlXl<LES, ~
AlL <:mlER ~IPMENI' DIRFX:TLY RELATED TO 'IQIE <PERATIOO OF SAFETY BELTS.
SEA.Tn«i POSITIOO !-lEANS PNi ~ VDIICLE INl'ERI~ SPACE INTEH>ID BY
Ti lE ~ VElUCLE lwruFAC'IURER TO PROITIDE SEA.TI~ H:X::CJMDM'IOO WHILE THE
l·IID:It VEHICLE IS IN l.ul'IOO.
F. l.M.ESS EXfM'TID PURSlWfl' TO SUBSEX:TIOO () OF nus SEX::TIOO, !.VmY ClUID,
\H) IS UNDER FOOR ( 4 ) YEARS OF 1GE AND WEIGIS tH>ER FCJn'Y ( 40) POONDS,
J3EIN:i 'IW\NSPCRTID IN nus STATE IN A PRIVATELY CltiiD NCH:XMIER:IAL
PASSEHiER VDIICLE NIIOI IS J:IUVm BY A RESIDENI' OF '111IS STATE, SHALL BE
PIVIIDID wrm A CHilD RF.:S'mMNl' SYSTflt SUITABLE F1:R THE CHIID'S SIZE m>
SI WL BE PJO>mLY FAS'l'Elm> IN1"0 SOCH OIIID RES'I.'RAIN1' SYS'l'EM WHIOI IS IN A
SEA.Tn«i POSmOO WHIOI IS s;m:PPID WI'lll A ~ BELT ~ amER MEANS TO
sn:tJRE SAID S'lS'lDl .r.a::ooo~ ro THE rwawN:"IURER' s INS'mOCTIOOS. IT IS THE
RESPQ5IBILIT'i OF THE I:IU'.tllt ~ ~, SL18JB:T TO THE
RFn!IRfl1fNl'S OF 'l1IIS SOCTIOO, ro ENSURE THAT SOCH ~ ARE PKNIDID
WITH m> THAT 'ltiEY PJO>mLY USE A OIIW RESTRAINl' SYS'l'EM.
G. Till: ~IRE:IINI' OF SUBSEX:TIOl F OF 'lliiS SIX:TIOO SHALL NOr APPLY TO A
QUID \al):
1. IS DEn«; 'mAN5PCRI'ID IN A K:m:R VDIICLE IN \<10:01 AU. SEATD«i
POGITI fQ]IPPID WITH s.\FETY BELTS ~ OliiD RESTRAINT SYS'lDtS ARE
UD; ~
2. IS
l n 11 .
~ ~ OIIID RESTRAim' SYS'l'f)4 F1:R
A 'mllCLE tK.ESS IT
vr:maz SAFETY STAtORDS.
NErU
\J!l"'<;lUl<lll'-· 0
~Ptf!!CS tl'llltrjrb'i 1n
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Published as a Bill for an Ordinance oo the 22nd day of July, 1987.
Attest:
QJqene L. 0t1s, Mayor
Patricia H. Crow, City clerk
I, Patricia H. Crow, City Clerk of the ,City of Ehglewcod, Colorado,
hen!by certify that the above and foregoing is a true copy of a Bill for an
Ordinance, introdx:ed, read in full, and paaaed oo first reading oo the
20th day of JUly, 1987.
Patricia H. Crow
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
July 20, 1987 1/ 1987 Slurry Seal Program
INITIATED BY ________ C_i~ty~H_a_na~g~e_r ________________________________ ___
ACTION PROPOSED ___________ Pa_s_s_a~ge __ o_f __ re_s_o_lu_t_i_o_n_a_l_l_o_w_,·n~g __ fo_r __ a_n_e~g~o_t_ia_t_e_d __ __
contract for Slurry Seal Program 1987 (an exception to the competitive bid
process) and award of a negotiated contract for Slurry Seal Program 1987 .
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FINANCIAL
Mr. Jake Broadaway, President of BASS, Inc. has visited the City of Englewood,
has discussed our proposed 1987 program with us, and has submitted a nego-
tiated price for this program in the a.aunt of $1.64/Sq. Yd. for 125,435
square yards at a total cost of $205,713.40. With the added expense of our
specific local aggregate, the transportation costs for bringing quick-set
emulsion from Vicksburg, Mississippi, and the mobilization of a construction
effort from little Rock, Arkansas, we believe this unit cost to be reasonable
and generally within the range we had anticipated. The costs for Slurry Seal
Progra• 1987 are borne by the City through .antes budgeted in the P1F (in -
cludes Arapahoe County Road & Bridge Fund Monies).
Estimated Expenditure Available Funding
per BASS proposal $205,713.40 PIF $230,000.00
We would recommend passage of the resolution allowing for this negotiated con -
tract and exception to the ca.petitive bid process per the Home Rule Charter
116 :B. W would also reco..end the award of the construction contract to
BASS, Inc . per th lr proposal in the a.aunt of SZ05,713 .40 . We believe that
establishing 1 successful product in our City wfll renew the interest of other
front range muntctpaltt.tes and counties with regard to slurry seal . Thfs re ·
newed Interest wilt establish a aarket for the product tn the future, and
eventually, local ..ulsion aanufacturers will produce the quality emulsion
r qutred and local contractors will acquire the knowledge and expertise to
construct a sat sfactory quick -set slurry . Future competition in this aark t
area should even further Increase our aargfn of savings with regard to thfs
preventive tnt nan • alternatfv .
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REOOWl'IOO 00. al
SERIES CF 1987
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A RE&UJl'IOO AI.lDm(; Fat A NfXDl'IATED cnmw:T Fat THE SUJRRY SEAL PROORAM
1987 INSTEAD CF THE <:::CK'ETITIVE BID PR:lCESS tH>m SB:TIOO 116(b) CF THE ID1E
RULE OfARTER AND THE DG.»OD KIUCIPAL CCOE 1985, SB:TIOO 4-1-3, AND
MiMDn«i A NfXXYl'IATED CXNl'RACT Fat '11US PllCGRAM Fat MAIN1'flWCE CF THE
aG.El«XD STREET SYSTEM.
\tiERFAS, the City of Englewood is responsible for maintenance of
approximately 117 miles of public roadways in the City; and
WtDEAS, the departlrents of Ellgineering services and Public Works have
developed a system-wide maintenance program in which they have found slurry
seal to be a viable, econani.c preventive maintenance alternative; and
~lmFAS, previous oonstruction experience and expanded procb::t knowl~
has caused the staff of these two departlrents to believe that local
contractors do not possess the specific procb::t knowledge or construction
e>qlertise to construct a quick-set slurry acceptable to City standards; and
Uln::REAS, local enulsion manufacturers presently do not procb::e ~ck
emJlsion.s satisfactory to City needs; and
wt!ERFAS, staff of these departnents has evaluated the abilities of and
qual1ty of quick-slurry utilizing a specific local agqregate and a
quick-EI!Ulsion fran the Er<jon Refinery in Vicksburg, Missisaippl; and
\li£REAS, B1tl.¥!1.inous Asphal sealing ialists, Inc. o Li tl Aock,
~kan 1 ory-t sted and fi ld-ted this procb: , and City staff
......... ~a"""" t of this y in placing ~ck-slurry
IIC\lLSM!d t ir rk quality and p quality with
ao~Mr...,.tnt loh ch have had years of i with this
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Section 2. The Departlle\ts of D'lc]ineering Services and Public Works are
hereby authOrized to prepare a contract for the Slurry Seal Program 1987
pursuant to their investigations of local. aggregate, quick-set Elllllsion
procb::ed by the Ergon Refinery in Vicksburq, Mississippi, and construction of
the proclx:t on Englewood streets by Bitlmlinous Asphalt Sealing Special.iata,
Inc. of North Little Rock, Arkansas.
AlXPl'fD .AND APPROVID the 20th day of July, 1987.
Attest: ~ L. Otis, Mayor
Patrlcli H. Crow, city Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify that the above and foregoing is a true ~ of Resolution No.
__ , Series of 1987.
Patricia H. Crow
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEH SUBJECT
Sinta Fe Corridor
INITIATED BY ___ __...!P..li!uit!.bl.l...i!..l:c~Woif.!r..!lk~s...~De~p~irwt~me~n~t~------------
ACTION PROPOSED·----~C~o~u~nc~i~l~aup~p~ro~v~i~l_t~o~s~ubm~i~t~t~h~e~S~i~n~ti~F~e~C~o~r~r~id~o~r __
tppl !ctt!on to the PUC .
For yetrs the Colortdo Oepirt .. nt of Hlghwtys hts been planning IMpro vement s
to Increase captclty and safety of the South Santa Fe Corridor. A corridor
study was co.pleted; se vera l projects have been ca.pleted both north and south
of Englewood, and several Envtron .. nttl Assess .. nts and FONSI 's have been Is -
sued in the Englewood area . Construction of sa.e of the facilities ire to
begin y t thts yetr.
~·· On of t
n s, I
t 0 &
All
f rst projects to be co-pleted, In preparat ion for future 1.prove-
lh t ortry relocation of th AT & SF Railroad to th st tlong
Rallro d rtghts -of-wty .
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RESOLUTIOO 00. C::C:--
).VJ-r/Y.
SElUES <F 1987 £11 ·
A RESOLUTIOO SUPPauDC AND AlmDUZDC AN APPLICATIC!f TO THE PUBLIC t1l'ILITIES
CCMUSSIC!f, JOINTLY WITH CI'IY <F SHERIDAN AND STATE DEPA~m4EN1' <F HIGHWAYS,
DIVISIOO CF HIGHWAYS,, OF THE STATE <F COI.(JijiW(), ~ Al1l1DU'1Y ro 'IDFCIWULY
RELOCATE THE ATCHI~, 'IQ>EU ~ SAm'A FE RAILWAY <DIPANY'S 'mACK HI>
FACILITIES Clfro THE DmvER AND RIO GWIDE ~ RAIIa:w> <DIP ANY'S
RIGHT-«-WAY BE'IWErn BEI...I..EVIBl AvmuE AND YALE AvmuE '11110.01 THE CITIES CF
LI~, EHiLEXXD AND SHERIDAN, COI.(JijiW().
NiEREAS, the cities of Sheridan and &lc)lewood and the State Dl!partml!nt
of Hi ghways, Di v ision of 'Hi~, of the State of Colorado have j o intly
applied to the Public Utilities Ccllnis sion far an order authori zing the
tenp>rary relocation of the Atchison, Topeka and Santa Fe Railway Cclapany's
track and facilit ies onto 'nle Denver and Rio Grande Western Railroad Cc~apany's
right-<>f-way between Belleview Avenue and Ya l e Avenue far oonstructinq
permanent rail f acilities, including gra de separation structures , as part of
the South Santa Fe Transportation Corridor ; and
loliERFA'3, thi~; "Corridor Plan" provides far ~adinq Santa Fe Drive to a
principal art rial with partial access control , eliminating at~ade railroad
crossings with grade separations, right-of-way far a mus transit envelope and
pedl!strian/bicycle facilities; and
~~. the Plan is to be ~lished in a series of projects that
will ul imat ly require permanent relocation of the ~ tracks and
f ili 1 onto AT&SF right-<>f-way fran Yale Avenue to lleview Avenue.
Cr tions are o provided a Dartmouth Avenue , ~ Aven ,
OKford Aven , and possibly in the vicinity of Tufts. The relocation of the
railroads ia an icipated to lished in three phases, the first phase
inq the rary location of the AT&SF onto DIIOf right-<>f-wy fraa YAle
A o llev ew Aven •
£nr.J 1
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to the City o !ngl
lroed tr
CIT't
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for thia
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Utilities catmission for an order authorizing the taporary relcx:ation of the
Atchison, Topeka and Santa Fe Railway ca.pany•s track and facilities onto '!be
Denver and Rio Grande Western Railroad ca.pany•s right-of...-y between
Belleview Avenue and Yale Avenue.
AIXP'ftD JR> APPRCNID the 20th day of .July, 1987.
Attest:
ibjilii L. otis, Mayor
Patricia A. craw, clfY dertt
I, Patricia H. craw, City Clerk of the City of Engla«::Id, Colorado,
hereby certify the above and foreqoing is a true oopy of Aeaolution
No. _, Series of 1987.
Patricia A. craw
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OR/G/N4L
0203W
N. of Belleview to Yale
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE JOINT APPLI -
CATION OF THE STATE DEPARTMENT OF
HIGHWAYS. DIVISION OF HIGHWAYS -
STATE OF COLORADO ; THE CITY OF
ENGLEWOOD. COLORADO AND THE CITY
OF SHERIDAN. COLORADO FOR THE
AUT HORI TY TO TEMP ORARILY REL OC ATE
THE AT CHISON , TO PEKA AND SANTA FE
RA IL WAY COMPANY 'S TRA CK AN D
FACIL IT I ES ONTO THE DENVE R AN D
RIO GR AN DE WESTER N RAIL ROAD
COMPANY'S RIGHT -OF -WA Y BE TW EE N
BELLEVIE W AVENUE AND YALE AVE NUE
THROUGH THE CITIES OF LITTLETON,
ENGLE WOOD AND SHERIDAN, COLORADO .
APPLICATION NO .
The Stat Department of Hiqhways. Division of Hiqhways {hereinafter
called "Division"), the City of Enql wood and the City of Sheridan
{jointly c !ere d o as "Applicants•) hereby applies to the Public
Utilitie1 Coe•l ••ion o Colorado {PUC) for an order authorizinq the
t •pocacy celoca t on of th Atchison, Topeka and Santa Fe Rail way
Coapany•s {AT & SF) tcack and !aciliti s onto The Denv c and Rio
Grande w st en Ra lroad Com pany 's {D & RG W) ciqht -of -way bet we n
Bell vi w Avenue and Yale Avenu . Such teeporary relocation i1
e11 ntial or constcuctinq p r•anent rail facilities, includinq qcade
&eparation structuc 1. aa pact of the South Santa Fe Tcan&poctation
Coccidoc.
Th Appl ic n 1 pr 1 n
applic tion.
l.
2.
3. T
h following infocaa on in &uppoct of the
n a • n11 Clt1v dep ct• n of the State of
conltruct, • lnt• n 1nd operate
n o! Color do.
OllOWI :
w Yl I • •
-\
The City of Englewood
3400 South Elati
Englewood, co 80110
The City of Sheridan
4400 South Federal Blvd.
Englewood, CO 80110
•
• •
4. The Division. in conjunction with the Cities of Englewood and
Sheridan. the railroads. the Regional Transportation District
(RTD) and others. has developed a plan for a South Santa Fe
Drive Transportation Corridor. The rlan provides foe
upgrading Santa Fe Drive to a principal arteci~l with partial
access control, eliminating at-grade railroad crossings by
constructing grade separations. right-of -way for a mass
transit envelope and pedestrian/bicycle facilities .
5. The plan is to be accomplished in a series of projects that
will ultimately require permanent relocation of the D & RGW
tracks and facilities onto AT & SF right -of-way from Yale
Avenue to Belleview Avenue . Grade separations ace to be
provided at Dartmouth Avenue. Hampden Avenue. Oxford Avenue,
and possibly in the vicinity of Tufts. All at -grade
crossings are to be eliminated.
6. The relocation of the railroads is anticipated to be
accomplished in three phas & as follows :
7 .
a) Temporarily relocate the AT & SF onto D & RGW
right -of-way from Yal Av nu to B lleview Avenue. as
shown on Exhibit A attached h reto .
b) Construct grade sepac tions a Dart outh Av nu and
Hampden Av nu as well as roadbed and structures foe the
permanent railroad alignm nt b tween Y le Avenu and
South of H mpd n Avenu . Th r.tilcoads will be ahift d
to th ir p r an n loc:.ttion on his seg ent t
c:oapletion of this phas .
C) .tnd
ro db
th
de
Corcldoc cone cue on w ll COC:I d
h the r1 1 o d c loc: t on.
th t a oruy c loca 0
nclud n uilr o •• I •
.......
:
\ •
•
8. The temporary relocation of the AT & SF will require
installation or relocation of existing grade ccoss1ng warning
devices and crossing surfaces at the following cross streets:
Dartmouth Avenue and/or its detour
Oxford Avenue
Quincy Avenue
Tufts Avenue
Grade crossing warning devices will consist of flashing light
signals, bells and gates conforming· to MUTCD (Part VIII) and
PUC requirements . Interconnection to traffic signals along
Santa Fe Drive foe railroad signal pre -emption ~ill be
provided .
9 . The Division will prepare co nstruction plans. advertise the
notice to b idders and enter into a construction contract with
the lowest responsible bidder. Said plans shall have been
approved by the AT & SF, D & RGW and Federal Highway
Administration . The plans and specifications will require
the Division's contractor to construct the embankment and
drainage for the teMporary railro d c location s well as
paving the approaches to the at -grade crossings. The
Division'G contractor will be required to coordinate his
activities with the railroads and provide railroad liability
insurance on the railroads' behalf.
10. Th AT & SF will accomplish track laying. includi ng ties and
ballast and will provide crossing su rface and wa rning devices
at the at -grad crossi ngs . Interconnection to the
D & RGW's xistinq circuitry and o xistinq traffic s qnals
will b accomplish d by th c leo d .
11. This t mporary railroad relocation a estimated to cost
l .
S J.OOO,OOO . undinq is an icipated to be as follo ws:
Fed cal Funds (Priaary and Rail /Hwy -
Elimina ion of Hazacdl) and
Div i1io n m tchinq !und1 ......... $3.000.000
tu
0
d
h
D ' he wo
uc
n t
I • •
-
13.
14.
15.
•
• •
upon the railr oads' property to accomplish the projec t. A
copy of the fully executed contract will be furnished to the
PU C as a late -filed exhibit .
Construction for the temporary railroad relocation is
scheduled t o begin in the fall of 1987 .
The AT & SF and the D & RGW will maintain the crossing
surface s and the warning devices at the at -grade crossings .
The City of Englewood will maintain the roadway approaches to
the crossings at Dartmouth Ave. (and/or its detour) and at
Tufts . The City of Sheridan will maintain the approach to
the crossing at Oxford Ave . Englewood and Sheridan will
joi ntly maintain the approach to the Qu i ncy Ave . crossing .
Ex isting average weekday traffic (AWD) in the v ici n ity of
this project is :
Dartmouth Ave.
Oxford Ave .
Quincy Ave .
Tufts Ave.
13,000
5. 300
3,700
5,100
Total train movements through the project area is 42 pee day
operating at maximum speeds of 45 mph .
17. Any work relative to public utilities affected by this
construction will be provided foe in separate contracts with
th respect i ve o wners .
18 . Ad j acen t cope rty o wn rs ace :
(OXFOR D AVENUE )
NW Cocnec
OWN R :
MAILIN C ADDRESS :
PROP!RTY ADD SS:
Motor crane Service Co.
3002 s . Huron, Englewood. CO 80110
4095 s. santa Fe
Wahl, M rv n Don and Helen! .• J.T .
1401 w. OxCoc d, ngl wood. co 10110
1 01 w. o x cocd, !ngl woo • co 10110
St t
l2SI
4101 s.
Un t d lndut
~TTN :
.o.
l '
-·-
Co&:p .
c. co 10 10
v . Coc • ,
fC
wood. co 101. 0 I • •
Property Owners (Cont.)
(QUINCY JI.VENUE)
NW Corner
OWNER:
MAILING JI.DDRESS :
PROPERTY JI.DDRESS:
NE Corner
OWNER:
MAILING JI.DDRESS :
PROPERTY JI.DDRESS:
sw Corner
OWNER:
MAILING JI.DDRESS :
PROPERTY ADDRESS:
SE Corner
OWNER:
MAILING JI.DDRESS:
PROPERTY JI.DDRESS:
(TUFTS AVENUE)
NW Corner
OWNER:
MAILING ADDRESS:
PROPERTY AD DRESS:
SW Corn r
OWNER:
MAILING ADDRESS :
PROPERTY ADDRESS :
NP! Cornet
OWNER:
MAILING ADD ESS:
PROPERTY ADDRESS:
S S :
s :
AV NU )
•
• •
Zabolas. Peter C. & Eugenia . J.T.
4265 S . Santa Fe. Englewood. CO 80110
4265 s. Santa Fe
Larry H. & Eve. Joanne H. 1/2 int . ea.
3881 S . Fox, Englewood. CO 80110
1445 W. Zuincy
Direct Sales Tire Co.
9251 E . 104th Ave .. Henderson, co 80640
4301 s . Santa Fe .
Deline, Will iam J. & Ad ele M.
15 Vista Rd .. Englewood, CO 80110
4300 S. Windermere
Ragsdale. Edsil Wayne & Mary L .
P.O. Box 123. Buffalo Creek. co 80425
4 535 s. Santa Fe
Kac gas Kar gas
2376 15th St .• D nver. co 80202
4595 s. Santa Fe
Sviqell Auto Partl. Inc .
4393 s. Santa P'
439 3 s. Santa P
Vect
4607
4607
Ore. nn 1 H .• 1/Z n •
v .• 1/2 nt .
nqltwoo • co 10111
w. H. ln • In
00 1 . Huon 1 ••
/14
10110
I • •
SW Cor:ner:
OWNER :
MAILING ADDRESS:
PROPERTY ADDRESS:
SE Cor:ner:
OWNER:
MAILING ADDRESS:
PROPERTY ADDRESS:
••
•
,. •
Tr:ansAmer:ica Realty Investors
1150 S. Olive. Los Angeles. CA 90015
840 W. Dartmouth
Englewood. City of
3400 S. Elati. Englewood, CO 80110
N/A
Ther:efor:e. applicants ask that the PUC issue an .or:der: authorizing
construction. operation and maintenance of the above described
te~por:ar:y railroad relocation as indicated .
Dated at Denver:. Colorado. this
ATTEST :
Chief Clerk
ATTEST:
ATTEST :
day of
STATE DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLOR ADO
By
Chief Engineer
CITY OF ENGLEWOOD
By
Ttle
CITY OF SHE lOAN
y
Titl
I • •
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C 0 U N C I L
DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT In stallation of
crossing gates at
INITIATED BY
ACTION PROPOSED Council approval of the agreew!Dt with the Sttte
De par t-eat of High••1S for the installttipn pf cro s sing gttes 1t
Englewood applied tnd funding was ap proved for crossing gates to be installed
where Quincy crosses t he AT l SF and 0 l RGW Railroads . Council bas also ap -
proved agree~e n ts with the railroad s for t he installation of t hese gates.
The City Att orney's office was s uccessful in convincing the P.U.C. t o pro ceed
under the rules of procedure, t her ef ore, a bearing will not be necessa ry .
DISCUSSION
As part of the grant procedure, t he State Oepart .. nt of High ways Is requir d
o aeain lster the project, th refo r e, need to nter Into the agre ... nt with
th S ate . Attach d hereto s a copy of th agre nt as su~itted by the
S a e. Th agr nt assur s us that Fed ral .on ys have been allocat d to
thts proj c
Fl lA
IC $.
or I . •
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J
OODINANCE NO.
SERIES <F 1987--
•
• •
A BIIL ~
AN CIIDINANCE APP~ A CXNl'RACT ~ 'DIE CITI <F ~ AND
STATE [)fl)AR'!MENT (F HICDlAY~ DIVISIOO OF HICDlAYS I FeR UPGRADit«i
HICDlAY/RAILROAD GRADE CXlSSit«i PRC7I'EX:TIOO 1lN>m FmEIW. SfL'TIOO 203
PRCGWt A.T OOTICY AND 'DIE ATCHISOO TCPEKA & SANI'A FE Nil DEN'Jm & RIO
GRANDE ~ AAll..R(W)S.
~, Eng lewood applied for funding fran the Federal Govermlent
f o r crossing ga t es to be installed where ~ncy crosses the Atchisoo
Tope)ta & santa Fe and the Denver & Rio Grande Western Railroads,
purs uant t o the Surface Transportat i on Assistance Act of 1987 (23 u.s .c.
Sec . 130 note ); and
WI IEREAS , funding has been approved by the Federal GoYermlent and
Council has approved agreenrnts with the railroads for the installation
of these gates with the costs of this upgrading borne 9~ by the Federal
Highway Aaninistration and 1~ by the City of Englewood; and
WHEREAS, the State Department of Highways is required to
aani.nister the project so it is necessary for the City to enter into an
agreenent with the State of Colorado for the use and benefit of the
State Departr;ent of Highways, Division of Highways, for this purpose;
tOI, ~. BE IT CRlo\lNED BY 'DIE CITI OXH:IL <F 'DIE CITY <F
El«:iLfHXD. ~. TtiA1':
Section 1. 'n1e contract for project rulb!red "RRP 0006(32) ~
near s.nta Fe" bet the City of Englewood and the State ot Colorado
tor the wae and benefit of the State Deputnent ot HlC}hwaya, D1vision of
Highways, 1a hereby IR>t'OIIed. A copy of thia contract ia attached
hereto and incorpor ted herein by reference .
. .;:::.::.,:.:.;ion;;r.,...:.2. 'n1e Mayor and City Cl rk are hereby authorized to ai91"
and a thia oontrac: !or and on t ot the City Council lind the c ty 0 l!ni:Jl
in full, and onfn 20th
-1 -
I • •
-•
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1987.
Published as a Bill for an Ordinance a\ the 22nd day of July,
Attest: aJgene L. Otl.s, Mayor
Patricia H. crow, city cieik
I, Patricia H. Crow, City Clerk of the City of Enql~,
Colorado, hereby certify that the above and foregoing is a true copy of
a Bill for an Ordinance, introclx:ed, read in full, and passed a\ first
reading a\ the 20th day of July, 1987.
Patricia H. Crow
I • •
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•
•
0832V
•
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RRP 0006(32)
Quincy near Santa re
CONTRACT WITH THE CITY or ENG~EWOOD
FOR UPGR~DING HIGHW~Y/R~I~RO~D GR~DE CROSSING PROTECTION
UNDER F!D!R~~ SECTION 203 PROGRAM
THIS CONTR~CT, aade thia ------day or . 19 _____ • by
and between the ST~TE or CO~OR~DO for the use and benefit of the ST~TE DEP~RTMENT OF HIGHW~YS, DIVISION OF HIGHWAYS, hereinafter referred to
aa the State. and the City or Englewood. Colo,ado. hereinafter
referred to aa the Contractor.
WHEI!AS, authority exiata in the ~aw and runda have been budgeted.
appropriated and otherwiae aade available and a aufficient
unencuabered balance thereof reaaina available for payaent in Fund
Nuaber 2001. C/L Account Nuaber 52046, Contract Encuabrance Nuaber 17115; and
WH!REAS. required approval. clearance and coordination haa been
accoapliahed fro a and with appropriate agenciea; 1nd
WHEREA S. th 1 Contr•ct • executed by the Stlte under authority of
Sectiona 41 -1-1 6 lnd 4)-2-1 44 , C.I.S . 11 laanded , 1nd by the
Contrlctor. purau•nt to •• approprl•te ordln1nce or reaolutlon duly
p11aed 1nd ld opted by the Contrlctor, • copy of which la 1tt1ched
hereto 1nd hereby aade 1 •rt hereof: and
WH!IE~S. purauant te the SurCace Tr1napoct1t on Aaalatance Act of
lttl. apeclflcally 2l u.a .c. lee . llO note. and the requlltlona
proaulgated thereunder , certlln federll Cundt h1ve been end will ln
the future be aade avatla le for the ellalnltlon or hazard• at cert1in
blghwly/rlllcoad tr•de ccotaln 1 w c are on the redec•l -Ald Ucb1n
Syltea. by the lnetallat on o( protective devicea. euc pro)ecte being
hereinafter referred to •• the (I PJ Proqcaa : and
WH I AS . the cotta o the eelected liP pcojecte will be berne by
the Federal H 9 ly A In ltrltl n (F A) a d t a Contrlctor at the
rate or tO' and 10\ ret active y , up to t a allocated r A 1 are , e ll wtthout coer to the It te : and
IP
t e
• t
tht Coatrlctar •• nlt ated thla prole t n • aced
eral-Atd Urban IYtte • wltl t can uccence or
1M
th1 tate h 9 way lyltt •
Co nt ca tar : aiM
bl l tare t t t t
ny terce• • 4 Ce tra \or • force
I •
-•
• •
WH ~REAS, it is anticipated that the Contractor will enter into an agree m~nt with the railroad; and
WHEREAS, the Contractor is adequately staffed and suitably
equipped to undertake and satisfactorily coaplete the work, and can
aoce advantageously pectora the work than the State.
WHEREAS, thia project was aelected fcoa a priority listing
developed by State, railroad and local vovecnaent .
NOW, THERErORE, it is hereby avreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION l. D![lNITIQNS
[HPM 6-6 -2-l
MUTCD
redecal -Ald Highway Pcograa Manual,
Voluae 6. Chapter 6, Section 2,
Subsection l
The Manual on Unifora Traffic Control
Devices foe Streets and Hiqhwaya
SECTION 2. I![EIENCE DQCUM£NTS
The fo11owinq ace aade a part of this Contract by reference the
aaae as if attached hereto. includinq any suppleaents or aaendaents
thereto effective prior to date of th • Contract:
'""' l -4 -l
'""' 1 -7-2
'""' 6 -4 -l -6
'" 6 -6 -2 -l
'""' 1 -2 -J MUTeD
I CTI 1 .
Dated
Dated
Dated
Dated
Dated
Dated
ARTI CLE II
Apr 1 25. l97S
January 21. ltiO
lept. lO, 1976
Aprll 24, lt14
March ~. lt7t
U71
IITS ON THE PAIT or THE CONTBACTOI
A. ptrtelnln to atatt tallroa4
to a y rallroad/contractoc
1 . T railro•dtcontractor a ve• • nt shall nclude, but not b
l aittd to, t • follow nt :
l . lta bl thin It ls te be a ce•• l s ed aad the
1ocat (II t o r eC. a d t at the colt of t e
ap cov ae t tb 11 Cr oa 1 P«e)t t Candl cons It n
of co tr• tor n4 r dec al f n •• ac oreta ld. I • •
-
•
•
• •
2. The Railcoada detailod aatiaate of the coat of their
work and aateriala .
J . Eatabliahino future aaintenance ceaponaibilitiea foe the
pcopoaed inatallation.
4. Pceaccibinq future uae or diapoaitiona of the pcopoaed
iapcoveaenta in the event of abandonaent or eliaination
of the ocade ccoaaino.
S. Eatabliahino future repair and/or ceplaceaent
ceaponaibilitiea in the event of accidental deatcuction
or daaaoe to the inatallation .
SECTION 2 . CONTRACTOR OBLlG&TlON
A. The Contractor ahall provide. to the State'a Diatcict
repceaentative , a copy of the Railcoad/Contcactoc Aqreeaent
includino the Railroad'• rocce Account !atiaate foe the
State'a uae in aecucino required rHWA appcovala . The
Contractor ahall notify tbe State , 10 daya in advance. of the
tiae the railroad expecta to beqin the actual inatallation of
the pcopoaed iapcovaaenta hereunder .
B. All wor k con teaplated hereunder aball have pr io r approval of
the rHWA . and the Contractor ahall, ducino a ll phaaea of the
work . pecait duly authorized ao enta and eap\oyeea of the
St a te and the rHVA to inapect the pco)ect and to inapect,
review and audit the pco)ect recorda .
The Contractor further aqceea to aaintain all booka.
docuaentl, papeca. account inq recorda and other evidence
pectainino to coati incurred and to aake eueh aateciale
ava il able at all ceaaonab le tiaea ducinq the eonatcuetlon of
the pco)act and foe 1 year• fro• the date of final payaent
f or lnepec tion. Copiee of eueb ceeorde ehall be furnlahed by
the Contractor if cequeated
c. The Contractor ehall aa • a licat on to t • Publ e Ut litlee
co .. leelon cequ e atlnt lte erder rovldint f oe the
inetailation of the propoeed la rove .. nta Tbe perforaance
of woe under the Ba llcoad /Contc a ctoc Aqreeaent eball be
continoent upoo the co .. •• on•• otder .
D . T • Contcaetor ahall lit cu 1\.ble toe aft torln the work
e ecoa 1 1 ad witb aatlcoad c • any force• and foe the
coccectneta of llllll v• eu alt c 4 by t • lallroa4 coaptny .
After ap CIV t l by t a CtoCCI C IC IU Cb bllll 91 lha ll thto e
au itt 4 tl be I ate •• D atcl ct r pc•••nc• iv• C c
pr•c• aloo .
'·
• ••• ry .
I • •
•
• •
G. Tho Contractor ahall inaure that in connection with tho
porforaanco of tho Contractor•• work under thia contract,
whether by or At ita direction, thoro will not be any
diacriaination avainat any eaployoe, or applicant for
eoployaent, becauao of race, relivion, color, aox, or
national orivin . Thia pcoviaion will be in coapliance with
tho pertinent aectiona of the Federal Nondi•crioination
Roquirooent• for work financed under Federal -Aid fund•. a
copy of which ia attached hereto.
ARTICLE Ill
COMMITMF.NTS ON THE PART OP T"E STATE
SECTlQN 1. Tho State ahall adalniater the apeclfied fund• ao
appropriated and budvoted for accoapli•hinv tho laproveaent work on
RIP pro )ocu.
SECTIQN z. Tho State ahall. at the cequoat of tho Contractor,
provide auch •••i atanco a• aay be avroed upon . The coat of any
aaaiatanco and •uppoctinv aervice• provided by the State aball bo paid
fro• project funda.
SECIIQN l . Tho State •• Diatrlct Envinoer . Diatrict 6 , 2000 South
Holly. Denver, Colorado 10222 will bo reaponalblo Cor coordlnatlnv tho
wor k under thia avreeaont on the pact of the State .
ARTICLE IV
ADOITI AL PROVISIONS
1 . Tbe total coat of t • w tk • ••tl aatod to be a 210,000,
wb lcb la to bo funded •• folio
a . Podoral a rtlci at n tunda
(90 \ OC a 2Z7,7St)
b . Contractor • ere :
11 contractor pert c at •t fund•
!10\ of a 2Z1.1St) a 22,771
t c r
2) Contcactor non -partie patlnv
f oda oc lodltoct co to
(a rox . ott\ o a 227,7S l S 2.ZH
• 20 4 . ,.,
• 2 .ou
• 4
• ll ( I •
•
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~-This Contract la contingent upon all funds being aade
available froa Federal and Contractor 1ourcea. Should these aource1
fall to provide the neceaaary funds thia contract aay be terainated by
either the State or Contractor. upon notice in writing given 10 days
prior to the date of teraination . Each auch party terainatinq ita
intereat and obligations herein shall not be relieved of any flnanclal
obligations exiating prior to the effective date of auch teraination
or which aay occur aa a result of auch teraination.
4. Conatruction work perforaed by or under the 1upervialon of the
Contractor lhall have prior approval of the FHWA, and will be subject
to inspection at all tl••• by the State and the PHMA .
5. Thll Contract shall not be •••ignable without the written
consent of the parties hereto.
6 . Except aa provided in Article II , Section 2, Paragraph B. thil
contract shell terainete on the date the final project payaent il .. de.
7. The attached Special Provisions are hereby .. de • part of tbia
Contract .
I • •
•
• •
IN WITNESS WHEREOF. the partie• hereto have executed this Contract
on the day firat above written .
ATTEST :
Chief Clerk
APPROVED :
State Controller
By
A TTl! IT :
STAT! OF COLORADO
lOY IOM!I, OOVEINOI
By
Executive Director
DEPARTMENT OF HIGHWAY S
DUANE IIOODARD
Attorney General
By
WILLIAN H. BASSETT
Aaa i atant Attorney General
Natural Reaourcea s ect i on /
Hi 9hway Un i t
CITY OF ENGLEWOOD, COLOIJIOO
ly
Titl e -----------
I • •
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SPECIAL PROVISIONS
CONTROLLI:8'8 APPaOV.U.
I . Thia conlnclahall DOl be deemed valid onlil ilahall have.,_, -ad by the CoDII'OIIer o/lho Swc ol
Colo< ado or ouch uailtanl u he may daiiJIOI&. Thia prooilloa il applicable 10 any conlrocl involvina lho pay-
mont ol ,_..Y by the Slate.
ft1l'iiD AVAIIABIUTY
2. Fonancial obliptiona o/lho Swc payable ollerlho...,..... fiacal ,_...,. ~~-funda ror lhat
,..._ be ina _....,;-. bodplcd and oehcrw .. INdo available .
BOND UQUIUIIEHI'
3. If IIIla conuact inwol-lho par-nt of...,.. 11oM folly -..od dollerl for lho 001111NClioft, ...aloft,
,.air, _...._, or inlprooomenl o/111y buildi"" road, bndeo. viaduct, IUMOI , oaavlliooo or -poololic
-u for lhia Swc,lho convactor ahal~ befcn ollllrioltlho .........,_of any 111eh _.,incl.-in lhoa cx-
ltiCI. duly OIICIIIO and dolivtr 10 and file with lho olllcial -aipaloro _.,. bo-for lho Slalc, I IOod
and aoll'oc:oon1 bond or OCher occoptablc aomy 10 bo --by laid oll'ocial in a penal -not leu lhan -
half of the 10101 -nl payable by lho lenni o/lhia COIIIIK\. SIIC:h bond &hall be duly Ole<ulcd by • qo&alof'ood ....,...,Ole IUroty, COnllitM>Md for lho d .. and failhflol perfonnuocc ollho conuoct, and in addouan, •hall ptO¥ido
lhat oflho conuactor or hoa IUbconllactorl fooiiO duly pa y ror "'Y labor, matoriola, oaam ho", ••••-. ~
visions, ptO¥oftCior or OCher supplin IIMd or conaomad by ouch contractor or his subcontractor in paformanco ol
lho _., conllocood 10 be -.the IUI'oty will pay lllo ._ ioo "' -no1 uceodina lho-'l*ifood illlho
bond, IOIOihor wolh oMctnl ol lha role ol cilht per tnl per IIIIJIIIm. Unlcu loth bond, whco 10 ~ io
uoculad, dolovtrad llld filod , no tlaim io rovor ollllo -arillna lllldor this eonlract shall bo auclilad.
allowod or paod. A tet\ollad or aahoot's that\ or o boM -y onler payable 10 lho TreMUm o/lllo 51• ol
Colotado may bo occoptad in loet~ ol o bond Thos proooa-11 in comp1;.-wilh 31-26-106 CRS, u
-IKiad.
INDEIIINlnC.o\110
4 . To lllo ~~-·~by law. lho <01111 --(y. qvo and loold hannlna 111o SIMa. •
.....,._and-''· •-"'Y and oil dooiM, --.1 lily and counowudl wocloodifta-.. upe-
and OIIOn\O)' fool IIICWTad U I result o/111y ICI 0<-., lho conlractor, 0< Ill ........ ,_ ........ sub.-.
lfactori.DrUII ... U-IOihclcmllo/llloo
DISCIWIDIAnON AND .oUniiiiAnVI: ACTIO
$ Tha.-n<IOr-IOt ..... JWtthlho_llld_ollhoColo<adoA.nudoacn"'-Aao/1957,
u _._, llld OChc< ...,..._ low __ ,.. dtacna-llld oofoor • ......,,_ pnao ... (2'-34-402
CRS 1912 Rcploc-Vol ), and u teqOltad b •• Order, q...J ()pponu1111y ud Allirm vo A
...., ""'~ 16 , 197$ ,..,,.....,, ,,.._ , .. ,ltl/o "',..., ..... '""'' .. -~;.. ., s .... ....,_, .. .......__,
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Fonn 6-AC-OlC
(1) In the event of the contractor's non-complionco witlt the non-dilcriminotioll d-o( tltio con-
troct or with ony of ouch rules, roaulotionl, or ordoro, this contract moy bo .....,.lied, tenniNoled or lUI-
ponded in whole or in part and the contriCIDr moy bo deciiiWCI inoliaible l'or runhor 51* -lldl in
occordaftcc with proceclurn, 1uth<wiud in Eucutioo o.dor, Equal ~ty Mel Alllrmolivo
Action of April 16, 1975 1nd the rules , roaul1tiono,., onion ...-Jpled ill~ thonwilll, IIIII
ouch oohor IIIICtionl 11 m1y bo lm_.t IIIII ,.-. a m1y bo invobd a ....,.idod in Ea-tivc
Order, Equai .Opportunity ond Affirmotivo Actioo of April16, 1975 , or by ruin, ......-,or onion
promul .. tod in occonlonco therewith. or u 01......,.. --by low.
(I) Thoc:ontroctorwillinc:ludothe....,.~of_..,..(l)~(l)io...,. .. ~lllll
oubconlriiCior pun:huo ordo< Uftlaa ,,....,.... by nola, ,......__ or anion ._ --to
Eaocutioo Onlor, Equal Opport..,ity ond Am....vo A.,_ of Ajoril 16, 1975 ,10 lllol----
will bo bincli .. ._ uch aubc:ontr-or·-· Tho-wii..U--willl ,_.,.to
ony aub-CGntriiCii"' or pure-order • the---.--y dinlcl. • a-of.-..;.,.
-prowiliono. iecludifls---for..,..__..-.;......-.-·-.. tile-tho--11-.._ involvodi•. or is tift-willl,libpliaot.,.. t11o ,..._,_or-• 1 rnu1t
of-diroctiaa hy tho conuoctina -.tho-....,._.. tile su.. ofColondo to-
into ouo:h litlplion to protect tho i-of the 5ule o( Colondo.
COLORADO LAlOR PREFERENCE
6L
b. When I COMWctioft contract for I public project II 10 bo IWinlod 10 I bicldor, I rnidotlt ........ IMII bo
ollowed 1 pn(-....... 1 --rnidono bidder"-1..,.., fonlp -.y oquol to tile lOR,__·-or
roquorod by tloo ltniC C)( (O(Cip c-ry in wllicll tho __ ...... boddor il I -Jr a. -.......t by the
oft"occr ._-for ow ...... tloo bod thnl...,..._ .,.hiM-.06-.-dnoolalfedonlllolodl
wt11ch would 011otfw111 bo .. a.lablo or wooold oo~oorw ... bo-Willi_._ alfedonl low, tllio-
-lholl loo ........... boot ... , 10 tho utond-10 --dotliel ol the_. or to,......., tile -y .u , .. ,., --(oect-l-19-101 Mel 102. CllS).
GENERAL
7. no loWI altho 5ule aiCulor-Mel nola IIIII ,......_ .-,..,_ tlto,_lhollloo ~"'tile
......,.,..._ oaocut-IIIII ...ror..-al tlt01 ~ Aoy --ai!M .-roct-or ---
parOled...,.,. by rofo..-•hoch ........-r.v -·-by MY utr•JI'doaal-,. or-or-11 Olhof
wo11 on COOII1oct oooth laid Iowa. rules IIIII rtiUl-aholl bo CCMlodered null and .....S. N ..... <aMaiNCI;,. •Y
prov01-,.....,.,_ loorcoo refcro-wl11ch purporu to ...... thll or any otho< opoclol _,...,."' w1to1o or
............. bo valocl C)( tnlorccoblt ... a•aot.blc .... , act-otlow •hothor by •• , al .......... .,_or-
.,.. Aoy ,.,.,,_ rtftdt<od ... ll alld wood by the--althll-llion ••11-oovaloclnlo the -al
lhel tontrKt to t.hc tlletlil 1hat lM «<IMrld •t c:.-w rl UKWlKlft
1. At aM -""''"'olio ~ al t11oo c-~~e~. the C001t-oloall Mrictly-to ...,..._
r.dcrol ond ''* laws, nol<l IIIII ,....._ 1ho1 hoYI been or moy looroafttt bo llllbllllood.
9 Tloo ._...,,., hof .,., lhol thty oro fllftlloor WlCit II )()I, tt. 1001 , (lnloory IIIII C ........ 1"""-'n)
IIIII I ~l.<t IOOI ,(Aboo <JII'>ollloc:()II',._,,,CilSl9l ~-Voi ,MdlholOO•-al--•-oot,-
10 no-I cr thftl WI tlleor 1odp, 00 MftiC tmpioyeo hM a...,_.. or lloMIIcaal-
_.,., "' the .. ,. • or _.,) ....., ...,.,..
(If
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April, 1980
Nondiscrimination Pro visions :
In compliance wi th Title VI of the Civil Ri ghts Act of 1964 and
with Section 162 (a ) of the Federal Aid Hi ghway Act of 1973 , the
Contractor, for itself , its assignees and s uccessors in interest , agree as follows :
A.
8 .
c .
D.
Compliance wi th Re!ulations . The Contractor will
comply with the Regulations of the Department o f
Transportation relative t o nondiacrimination in
Federally-aasisted programs of the Department of
TranaporLat ion (Title 49 , Code of Federal Regula-
tion s, Part 21 , hereinafter referred to as the
"Regulations "), which are herein incorporated by
referenc e and made a part of this contract .
Nondiscr i minati on . The Contractor , with regard
to the work perfo rmed by i t after award and prior
to completion o f the contract work , will not di s-
criminate on the ground o f race , color, sex , mental
o r phy s i c al handicap or national origin in the
•elect i on and retent ion of Subcontrac to r s, includ i ng
procurement s o f mater i al s and leas es of equipment .
The Co ntrac t or wi ll not participate e ither d i rectly
o r i nd i re ctly i n the d iac r iminat ion pro hi bi ted by
Se c t ion 21 5 of the Regulations, i n cludinr, eaploy-
me n t pr actice• when the contract cover• a progr a
eet forth in Appendix C of the Regulation•.
Solicitation• for Subcontract•. I n cludinf Procure-
men ta o~ ~t e r i ala and E ~u ie;a n t In al ao l lclta -
tl on a elthir by comp etit ve l dd i ng or negot iat ion
made by the Contractor for rk to be perfor d
under a aubcont ra ct, includin procur n te of
ma terial• or equip n , ea ch potent i a l Subcon tractor
o r aup p ller ahall be notified by he Contra c t or of
h Contractora' obll,atlona und r thia cont ra ct and
the Re ul a ti 1 rele iv o n ndiacri•ination on the
around of race , color. aex , ntal or phyaical handica p or national ori in ,
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(1) Withholding of payments to the Con-
tractor under the contract until
the Contractor compliee, and/or;
(2) Cancellation, termination or aus-
peneion of the contract, in whole
or in part.
F . ration of Proviaione. The Contractor will
nc u e t e prov • ona o aragraphe A through F
in every aubcontract, including procure~nta of
material• and leaaee of equip .. nt, unleee exe~t
by the R.gulatione, ordere, or inatructione iaeued
purauant thereto. The Contractor will take euch
action wi th reapect to any aubcontract or procure-
Ment ae the State or the FHWA •ay dlrect aa a meana
of enforcing euch provieione including eanctione
for nonco.pliance; provided, however, that, in the
event the Contractor beco.ee involved in, or !a -
threatened wi th, litigat1on with a Subcontractor
or aupplie r ae a reeult of euch direction, the
Contractor aey requeet the State to enter into auch
litigation to protect the i ntereata of the State
and, in add i tion , th• Con t ractor aay requeet the
FHWA to enter i nto euc h l i tigeti on to protect the
i ntereete o f the Untted St atee .
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