Professional Documents
Culture Documents
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WEEK. [560-GEl At.
Prepared by: Lynn Lathrop W Approved by: Jack Ethre~JefzJJ Ordinance previously introduced
Reviewed by: Mike Soderberg dM Presented by: Mike Soderberg
Community Services Director
by:
KEY CONSIDERATIONS:
• Arbor Day is celebrated throughout the world to promote the planting and growing of trees , as well
as the stewardship ethic.
• The City sponsors Arbor Day activities, including an educational fair during the weeklong
celebration.
• Arbor Week activities have been advertised in conjunction with Thorntonfest and will be held from
10:00 a.m. to 6:00 p.m.
• Activities will include various information booths with professional staff to provide assistance and
answer questions on tree plantings, turf selection and maintenance, soil amendments, and water
use and conservation.
• Services offered by the City of Thornton and Adams Extension Service will be promoted.
BUDGET/STAFF IMPLICATIONS:
• $5,425 has been budgeted in the General Fund budget to fund materials and supplies.
RECOMMENDATION:
• Staff recommends approval of the Resolution declaring May 16-22, 2010 as Thornton Arbor Week.
• In keeping with the 138-year old tradition of J. Sterling Morton (founder of Arbor Day), the City
recognizes the importance of planting and growing trees in our community.
• For the 23rd consecutive year, the City has been given Tree City USA status by the National Arbor
Day Foundation.
RESOLUTION
WHEREAS, Arbor Day has been observed since 1872 to promote the importance
of trees and the stewardship ethic; and
WHEREAS, the City of Thornton recognizes the importance of its urban forest; and
WHEREAS, trees increase the quality of life in the City by adding beauty,
producing oxygen, filtering pollution, and saving heating and cooling costs; and
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on , 2010.
ATIEST:
KEY CONSIDERATIONS:
• The financial report for the 3-month period ending March 31, 2010 is attached.
BUDGET/STAFF IMPLICATIONS:
• None
RECOMMENDATION:
• None
Total Revenue
REVENUE OVERVIEW Governmental Funds
1
March 2010
Financial Report
2
March 2010
Financial Report
FUND OVERVIEW
• March sales tax collections (related to sales made in February) in the North Washington
Urban Renewal Area were down 6.7% vs. the same period last year. A majority of this
decrease relates to the closure of Circuit City in early March 2009.
• However, total sales tax in 2010 is projected to remain level with 2009 due to increased
sales activity and the projected opening of Buffalo Wild Wings.
• Spending in the fund consists of on-going developer incentives as well as some capital
improvements in the area.
2009
Sales Tax Revenue
2010
North Washington Urban Renewal Area
Budget
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$-
3
March 2010
Financial Report
All Funds: Includes all sales tax revenue received in all funds.
$10,000,000
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
4
March 2010
Financial Report
REVENUE OVERVIEW
• Staff will monitor water usage closely as we move into the warmer months and make
adjustments to rate revenue projections as needed.
• Year to date tap fees are down approximately $100K or 8.7% compared with the same
period in 2009.
• Other revenues are up $1.26 million primarily related to reimbursements received from
the City of Brighton for costs associated with water system improvements necessary to
convey water from Westminster to Brighton.
• Thornton expects to receive $5 million in total before year-end from Brighton for this
project. Revenue projections have been adjusted accordingly.
5
March 2010
Financial Report
2009
Water Rate Revenue 2010
Budget
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
P
E 5,500
R
4,990
M 5,000
O
N 4,500
T
H
6
March 2010
Financial Report
Sewer Enterprise Fund
REVENUE OVERVIEW Total Revenue
Sewer Enterprise Fund
• Currently, year to date sewer $14,000,000
$12,000,000
revenue is up 5.7% compared
$10,000,000 Budget 12/31/10
with the same period in 2009. $8,000,000
Sewer rates increased 4.25% $6,000,000
'09 YE Actual -
'10 YE Prjctd
in 2010 due to an increase in $4,000,000
YTD 03/31
fees the City is charged by $2,000,000
$-
Metro Wastewater which 2009 2010 Budget
treats Thornton’s sewer flows.
7
March 2010
Financial Report
$369,000
$367,000
$365,000
8
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Work Plan # Agenda Location: Agenda Item:
st
1 Reading --
May 11,2010 nd
2 Reading N/A Consent Calendar 8A
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A MOTION APPROVING THE MINUTES OF THE APRIL 27,2010 REGULAR CITY COUNCIL
SUbject:
MEETING. [220-BC]
d
Prepared by: Karren Werft t:JY. Approved by: Jack Ethred;f Ordinance previously introduced
by:
Reviewed by: Jack Ethredge Presented by: Nancy Vince t
City Clerk
KEY CONSIDERATIONS:
• The official Minutes of the April 27, 2010 Regular City Council Meeting have been prepared by the
City Clerk's Office and are hereby submitted for Council's approval.
BUDGET/STAFF IMPLICATIONS:
• None
RECOMMENDATION:
• None
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Work Plan # Agenda Location: Agenda Item:
st
1 Reading
Ma.y 11, 2010 nd
2 Reading X- ~ Consent Calendar 8B
Prepared by: Jason O'Shea Approved by: Jack ElhredJij:> Ordinance previously introduced
Reviewed by: Chris Molisa~ Presented by: Chris Malison by: Drennen
Development Director
KEY CONSIDERATIONS:
• This Ordinance repeals Ordinance Number 2764 and adopts the City of Thornton Standards and
Specifications for the Design and Construction of Public and Private Improvements. 2010 Edition.
• These Standards are necessary to ensure consistency and quality of the public and private
improvements located in the City of Thornton including streets, parks, sewers, water distribution,
storm drainage, and rights-of-way and median areas.
• The Standards and Specifications are not attached due to their volume; however, they are available
in the City Clerk's office for inspection.
BUDGET/STAFF IMPLICATIONS:
• None.
RECOMMENDATION:
• Staff recommends approval of the Ordinance. The revised Standards are necessary to:
o Incorporate general practices not contained in the current Standards.
o Make the City of Thornton more competitive with our surrounding neighbors for future
development.
o Reflect advances in technology and industry best practices.
o Reflect the City staff's organizational changes that have taken place since the last time the
document was updated.
o Help protect the interests of the citizens of Thornton.
• Updating the City's Standards & Specifications is a benchmark on the City Council's Action Plan
under two separate goals: Green Thornton, and Economic Development & Job Creation.
• The Standards & Specifications were first created in 1988, and then expanded in 1993 to include
additional improvements, such as traffic, streets and drainage. Three updates have occurred since
then, but none included significant changes:
o On May 28, 1996, City Council approved Ordinance Number 2420 adopting the Standards and
Specifications for the Design and Construction of Public Improvements, 1996 Edition.
o On July 24, 2000, City Council approved Ordinance Number 2621 adopting the Revised
Standards and Specifications for the Design and Construction of Public Improvements, 2000
Edition.
o On May 27, 2003, City Council approved Ordinance Number 2764 adopting the Revised
Standards and Specifications for the Design and Construction of Public Improvements, 2003
Edition.
COUNCIL COMMUNICATION
PAGE 2
• Consolidated the construction process requirements, making it easier for the development
community to follow the specifications.
• Change the way surety is calculated. The 2003 Specifications and Development Code require a
letter of credit be posted for all work in the right-of-way, but with this revision, commercial
developers will no longer have to post a performance guarantee for 1000/0 of their proposed
private improvements, and instead will post $25,000 plus $1,000 per acre.
• Included water meter capacities to assist them in better sizing their water meters. This will allow
for the development community to better approximate what the development fees will be in
Thornton as they are choosing a site.
• Reduced the cross sections for local streets to a 34-foot flowline to flowline dimension (rather
than 36 feet), saving the developer material costs without reducing safety or fire access. This
alternative will use less oil in construction, and be less expensive for the City to maintain in the
future.
• Included a requirement that underdrain systems, when utilized, be different in color than
sanitary sewer services to avoid confusion for pipe contractors.
• Added the requirements to have school flashing lights, signage and striping in order to improve
overall traffic safety.
• Added details called out in the North Washington Subarea Plan, such as street lights, traffic
poles and color standards, so that these requirements are met by developers in this Corridor.
• Adopted most of the recommendations from Urban Drainage with regard to flood control,
allowing the City to keep current with evolving standards and be more consistent with general
practices. The proposed drainage section of the specification provides the City with a higher
standard, including more specific requirements. (i.e. rainfall distribution, reduction of standing
water, and allowable flow depths for minor/major storms in local roadways) than that of the
Urban Drainage Manual.
• Updated the pavement design requirements to match current industry standards, making the
process of laying asphalt in Thornton more efficient. Currently each paving contractor receives
approval for their mix design on a case-by-case basis. With this proposed specification change,
COUNCIL COMMUNICATION
PAGE 3
contractors will receive City approved alternatives to choose from at the beginning of each
paving season, which have been determined by regional paving experts.
• Added a requirement for more durable asphalt for all arterial intersections to reduce the City's
maintenance costs at these locations.
• Added requirement for seepage analysis to be completed for all irrigation ditches and bodies of
water.
• Modified the warranty period from one year to two years to allow for more time for City staff to
evaluate the quality of construction, and to lessen the City's burden of infrastructure repair that
occurs due to settlement between the first and second year. During the two-year period, staff
will continue to be a presence in these neighborhoods, with frequent visits to ensure that the site
is in compliance with our National Pollutant Discharge Elimination System program, and will be
in contact with the developer if the structural integrity of infrastructure is compromised.
• Strengthened the City's ability to calion surety when the Developer is unresponsive to safety
concerns or warranty requirements.
• Added the requirement to limit the amount of standing water found in drainageways and
detention ponds.
• Updated the sidewalk details to match current ADA standards, inclUding detectable warning
fields and appropriate cross slopes.
• Required developers to provide park construction and irrigation as-builts, and also required that
this information be passed on to applicable Homeowners Associations.
• Required developers to provide irrigation plans for residential common areas and commercial
systems to ensure systems are designed correctly and encourage more efficient water usage,
This was included in City Council's 2009 Work Plan.
• Added language to allow for the use of composite sections for public roadways.
INTRODUCED BY: -------"------
Drennen
WHEREAS, the City Council approved Ordinance 2764 on May 27,2003, adopting
the Standards and Specifications for the Design and Construction of Public
Improvements, 2003 Edition; and
WHEREAS, the City of Thornton Standards and Specifications for the Design and
Construction of Public and Private Improvements, 2010 Edition has been reviewed by
the various impacted departments within the City, as well as individuals in the
development community, including professional engineers, developers, architects, and
contractors; and
WHEREAS, the revised City of Thornton Standards and Specifications for the
Design and Construction of Public and Private Improvements, 2010 Edition shall only
apply to Minoi Development Permits, Major Development Permits, and construction
drawings submitted on or after May 11, 2010; and
2. That pursuant to Section 8.2 of the City Charter which requires any act
placing burden or limiting the use of private property shall be by
ordinance, the City of Thornton Standards and Specifications for the
Design and Construction of Public and Private Improvements, 2010
Edition, herein referenced and made fully a part of this ordinance, is
hereby adopted as the Standards and Specifications for the Design and
Construction of Public and Private Improvements within the City of
Thornton and shall supersede any previous standards referenced within
the Code or adopted by the City as standard specifications for the design
and construction of public and private improvements.
3. That the revised City of Thornton Standards and Specifications for the
Design and Construction of Public and Private Improvements, 2010
Edition shall only apply to Minor Development Permits, Major Development
Permits, and construction drawings submitted on or after May 11, 2010.
INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title
ordered published by the City Council of the City of Thornton, Colorado, on
April 27, 2010.
2
PASSED AND ADOPTED on second and final reading on , 2010.
ATTEST:
PUBLICATION:
Posted in six (6) public places after first and second ieadings.
Published in the Northglenn-Thornton Sentinel after first reading on May 6. 2010, and
after second and final reading on , 2010.
3
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Work Plan # Agenda Location: Agenda Item:
5t
~
1 Reading ."_
May 11~ 2010 nd
2 Reading ----X..- Consent Calendar BC
Reviewed by: Jeff Coder lit} Presented by: Jeff Coder (;r by: _ _T_a_de _
Deputy City Manager - City Dev.
KEY CONSIDERATIONS:
• Chapter 18, also known as the Development Code, is a compilation of the requirements,
standards and performance expectations for permitted land uses in the City of Thornton.
• The intent of the Development Code is to promote the health, safety and general welfare of the
public, and to implement the goals, objectives, and policies of the City's Comprehensive Plan in
accordance with the visions and desires of the community. The proposed Code amendments
are necessary to promote the public health, safety and welfare.
• In order to codify current practices, clarify the intent of some processes, incorporate the
Eastlake zoning districts, encourage business investment and green practices, and update
sections to comply with changes in State statutes and court decisions, additional amendments
to the Development Code are necessary. Those are:
> New or amended regulations that mirror current practices for annexations, subdivision
processes, amendments to the City's Comprehensive Plan, notice and submittal
requirements, street naming and numbering, irrigation construction plans, and required
neighborhood meetings will make the City's policies and expectations clear.
> An application process for economic development projects and formal approval criteria for
Development Code text amendments, Zoning Amendments, Conceptual Site Plans, and
Major Development Permits will create consistency within the Code.
> Increasing the availability of the administrative Minor Development Permit and providing
specific accessory use options for solar collectors and wind energy conversion systems
affords additional opportunities for "green" efforts and business investment. The inclusion of
the solar collector accessory use and the Eastlake zoning districts requires updates to
various sections of the Development Code to include references to the use and districts.
);> Changing the title of and incorporating the existing Eastlake Zoning Districts into the
Development Code.
y Amending the Development Code to prohibit the elimination of nonconforming uses or
nonconforming property design by amortization in order to comply with C.R.S. §38-1-101 et
seq.
y Requiring a public hearing for any text amendment of the Development Code in order to
promote public awareness of any proposed changes and provide an opportunity for public
input.
COUNCIL COMMUNICATION
PAGE 2
BUDGET/STAFF IMPLICATIONS:
• None.
RECOMMENDATION:
• Staff recommends approval of the ordinance in order to codify current practices, clarify the intent
of some processes, incorporate the Eastlake zoning districts, encourage business investment
and green practices, and update sections to comply with changes in State statutes and court
decisions.
• Public Notification: A public notice of the hearing was advertised in the Northglenn-Thornton
Sentinel on April 15, 2010. Residents who attended the community meetings in 2009 and
expressed interest in upcoming changes to the Development Code were noiified by maii of ihe
public hearing, as was the Adams 12 Five Star School District. The Home Builders Association was
also informed of the upcoming public hearing.
• The current Development Code was adopted in 1992, and subsequent, ongoing amendments
have enabled the City to adapt to the needs of the community.
• City Council was presented with an overview of a proposed comprehensive revision of the
Development Code at a Planning Session on January 20, 2009.
• Four community meetings were held during the summer and autumn of 2009 to present the
proposed comprehensive revisions to residents. Meetings were also held with the Businesses
of Thornton Advisory Commission, the Development Permits and Appeals Board, and the
Home Builders Association.
• City Council discussed the amendments included in this ordinance at a Planning Session on March
30,2010, including additional feedback from the Home Builders Association.
INTRODUCED BY: Tade
WHEREAS, the intent of the Development Code is to promote the health, safety
and general welfare of the public, and to implement the goals, objectives, and policies of
the City’s Comprehensive Plan in accordance with the visions and desires of the
community; and
WHEREAS, the City desires to codify current practices, clarify the intent of some
processes, and encourage business investment and “green” practices, and in order to
accomplish these goals, additional amendments to the Development Code are
necessary; and
WHEREAS, zoning requirements for the original Town of Eastlake currently exist
as the Eastlake Preservation/Revitalization zoning districts and the City desires to
change the title of the regulations and adopt them as zoning districts, incorporated as
such in the Development Code; and
WHEREAS, the inclusion of the solar collector accessory use and the Eastlake
zoning districts requires updates to various sections of the Development Code to
include references to the use and districts; and
WHEREAS, a requirement for a public hearing for any text amendment of the
Development Code is necessary in order to promote public awareness of any proposed
changes and provide an opportunity for public input; and
WHEREAS, the City finds that these proposed Code amendments are necessary
to promote the public health, safety and welfare.
1. A new section, Section 18-8, of the Code is hereby enacted to read as follows:
2
b. The City Council or the City Manager may initiate applications
under this chapter without an application from affected property
owners.
(3) The appropriate filing fee as established by City Council resolution shall
accompany all applications.
(4) If the applicant chooses to increase the intensity or size of the application
request after public notice of the hearing has been established, and
mailing or postings have occurred, the Director may request a continuance
of the pending hearing for further review and amendment of any
communications prepared for the review and hearing of the application or
request. If the applicant chooses to reduce the intensity or the area
involved in the pending application after public notice of the hearing has
been established, the hearing may be held as publicly noticed.
(5) Complete applications required.
a. An application shall be considered substantially complete if it is
submitted in the required form, includes all required submittal
information, including all items or exhibits specified by the Director,
and is accompanied by the applicable processing fee. Any
application that is not accompanied by the required fees shall not
be accepted. Fees shall not be required with applications initiated
by the City Council or the City Manager. Only substantially
complete applications, as set forth in this provision, shall be
considered an “application” pursuant to C.R.S. § 24-68-101 et seq.,
as amended.
b. The Director shall review an application for completeness. If the
Director determines that the application is substantially complete,
the application shall then be processed pursuant this chapter.
c. If the Director determines that the application is incomplete, the
Director shall notify the applicant of that fact and specify the
specific ways in which the application is deficient. No further
processing of the incomplete application shall occur until the
deficiencies are corrected.
2. Section 18-102 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
3
boundary to the Council with a staff recommendation. The Thornton
Development Authority (TDA), when in immediate possession of the
property, may also initiate requests to change a zoning district
classification or boundary.
(2) An application for a change in zoning district classification or boundary
shall be filed with the Department in accordance with Section 18-8. An
application for a change in zoning district classification or boundary shall
include all information listed as a requirement on the current Zone
Amendments application checklist issued by the Department, and any
other reasonable and pertinent information that the Director determines to
be necessary for review of the proposed change in zoning district
classification or boundary.A person may request a change in the zoning
district classification or boundary by filing an application with the Director
on a form furnished by the City. The application shall contain, at least, the
following:
a. The application fee.
b. The name, address, telephone number, and signature of the
applicant. If the applicant is not the owner of the lot, the applicant
shall submit a letter from the owner authorizing the applicant to act
on the owner's behalf.
c. The name, address, and telephone number of the owner of the
property. If there is more than one owner, the names, addresses,
and telephone numbers of all owners shall be provided.
d. The street address, if any, and complete legal description of the
property.
(3) If the area of request is adjacent to a public street or alley, the Director
shall extend its boundaries to the centerline of the adjacent street or alley.
If other questions of the boundaries arise, the Director, in consultation with
the applicant, shall resolve them in accordance with the standards in
Section 18-158.
(4) An application for a change in zoning district classification or boundary for
a parcel in which all or any part was the subject of a substantially similar
previous application for zoning, which was denied by the City Council,
shall not be accepted by the City until a period of not less than one year
has elapsed following the date of the City Council denial.
(b) Neighborhood meetings. At least 15 days prior to the required public hearing in
(c) below, the applicant shall conduct a neighborhood meeting to present
information on the proposed change in zoning district classification to property
owners and organizations in close proximity to the subject property. A
neighborhood meeting is not required for a proposed amendment to this chapter.
Proper notice of the meeting shall be mailed at least ten days prior to the
scheduled neighborhood meeting to:
4
(1) All owners of real property lying within 1,500 feet of the boundary of the
area of request. The measurement of the 1,500 feet includes streets and
alleys.
(2) All recognized homeowners’ associations or neighborhood associations
that have provided the City Development Department with notice of their
desire to receive public notices, the geographic boundaries of the area of
concern to the organization, and the address to which the notice is to be
sent. It is the responsibility of the association to keep a current address
on file with the Department.
(b)(c) Council review and action. Council review and action on amendments to this
chapter or zoning district changes shall be subject to the following:
(1) Before the Council holds the public hearing on Aan amendment to this
chapter may be proposed by Council or City Staff. or on Aa request for a
change in a zoning district classification or boundary, requires the
dDirector to shall give notice of the public hearing in a newspaper of
general circulation in the community at least ten days before the hearing.
(2) The Director shall send proper notice of a public hearing on a request for a
change in a zoning district classification or boundary to:
a. tThe property owner of record and all owners of real property lying
within 600 1,500 feet of the boundary of the area of the request.
The measurement of the 600 1,500 feet includes streets and alleys.
b. All recognized homeowners’ associations or neighborhood
associations that have provided the City Development Department
with notice of their desire to receive public notices, the geographic
boundaries of the area of concern to the organization, and the
address to which the notice is to be sent. It is the responsibility of
the association to keep a current address on file with the
Department.
(3) The applicant may not alter, change, amend, enlarge or withdraw a portion
of the application after notices have been mailed for a public hearing.
(3)(4) The applicant shall be responsible for obtaining and posting required signs
for public hearings according to the following:
a. The applicant shall be responsible for obtaining the required
number of notification signs to be posted on the property that is the
subject of the public hearing. The signs shall be obtained from the
City, and the number and location of signs to be posted shall be
determined by the City.
b. The applicant shall post the required number of notification signs on
the property at least ten days before the date of the scheduled
public hearing before the Council. The signs must be posted at the
locations specified by the City and proper posting of the signs by
5
the applicant shall be affirmed by an affidavit of posting signed by
the applicant.
c. If the Council determines that the applicant has failed to comply
with the provisions of this subsection, the Council shall take no
action on the application other than to postpone the public hearing.
(4)(5) The Council shall hold a public hearing on an amendment to this chapter
or on a request for a change in a zoning district classification or boundary.
The Council is not required to hold a public hearing on an amendment to
this chapter.
a. Criteria for amendments to the text of the Development Code. The
City Council may consider the following criteria to evaluate a
Development Code text amendment:
1. The impact of the amendment on the character of the
community.
2. The effect of the amendment on the orderly development of
the community.
3. The consistency between the proposed amendment and the
Comprehensive Plan.
4. The proposed amendment’s consistency with the purposes
of the Code as outlined in Section 18-2.
5. Other information as deemed relevant.
b. Criteria for a change in a zoning district classification or boundary.
The City Council may consider the following criteria to evaluate a
change in a zoning district classification or boundary:
1. Growth and other development factors in the community
support changing the zoning.
2. The change in zoning represents orderly development of the
City and there are, or are planned to be, adequate services
and infrastructure to support the proposed zoning change
and existing uses in the area.
3. The change in zoning provides for an appropriate use of the
property.
4. The change in zoning is in substantial conformance with the
goals and policies of the Comprehensive Plan and other
adopted plans and policies of the City.
5. The proposed zoning is sensitive to and compatible with the
existing and planned use and development of adjacent
properties.
6. The amendment to the Official Map is being initiated by the
City to rectify an error.
6
(5)(6) An amendment to this chapter or request for a change in a zoning district
classification or boundary shall be approved by the favorable vote of a
majority of the quorum of Council.
(6)(7) When the Council passes an amending ordinance, the City Clerk shall file
the amending ordinance in the official City records.
3. Section 18-104 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
7
(1) An application shall be made to the City Council to use the administrative
development review process, and the decision is in the sole discretion of
the City Council. If the City Council authorizes the process by resolution,
the procedures in this section shall govern the review of the Conceptual
Site plan, plat, or development permit. In the event the applicant does not
submit a complete application or does not make timely revisions to the
application, then the City Manager may terminate the administrative
development review. The applicant may at any time terminate this process
and follow the requirements of Chapter 18 for development review by the
Board and City Council. The Administrative Development Review process
shall not create for an applicant any substantive right not created in the
Conceptual Site plan, plat, or development permit processes.
(2) Upon a determination by the City Council that a development may follow
the administrative development review process, the applicant shall file a
complete application with the City Development Department for a
Conceptual Site plan, plat or development permit. The application shall
meet all the requirements of Code for a Conceptual Site plan, plat or
development permit.
(3) Upon review of the application by the City Development Department, the
Planning Director shall prepare a report for the City Manager regarding
compliance of the application with the Code and this section.
(4) The City Manager may approve, approve with modifications, deny or refer
the application to the City Council for a final determination. Following the
decision of the City Manager, any applicant may resubmit an application
for Conceptual Site plan, plat or development permit and follow the
requirements of Chapter 18 for development review by the Board and City
Council.
4. A new section, Section 18-105, of the Code is hereby enacted to read as follows:
8
(e) City Council action. The City Council shall hold a public hearing on a proposed
major amendment. The City Council may approve, deny or amend the
application.
(f) Criteria. The City Council may consider the following criteria to evaluate a Major
Comprehensive Plan amendment:
(1) There has been a change in the area or in the conditions on which the
current designation was based which warrants the amendment.
(2) The proposed Comprehensive Plan amendment is sensitive to the existing
land uses and is compatible with the existing adjacent land use
designations.
(3) The amendment will provide for orderly physical growth of the City, and
foster safe, convenient and walkable neighborhoods and shopping
districts.
(4) There are or are planned to be adequate transportation, recreation, utility
and other facilities to accommodate the uses and densities permitted by
the proposed Comprehensive Plan designation.
(5) The proposed change is in substantial conformance with the goals and
policies of the Comprehensive Plan and other adopted plans and policies.
(6) The proposed amendment is consistent with current zoning of the site
unless a zoning change application is under concurrent review.
(7) The proposed amendment corrects an error in the current Comprehensive
Plan adoption.
(8) Events, trends, or facts evident after adoption of the Comprehensive Plan
have changed the City Council’s original findings made upon plan
adoption.
(9) Events, trends or facts evident after adoption of the Comprehensive Plan
have changed the character or condition of the community so as to make
the proposed amendment necessary.
(10) Other changes to the Comprehensive Plan are deemed necessary by the
City.
(g) Appeal. A Comprehensive Plan amendment decision of the City Council may be
appealed only to the courts, as provided by law.
(h) Minor amendments. Minor amendments to the Comprehensive Plan shall be to
update statistical or quantitative information, to correct previous errors or
omissions and to correct narrative or graphic information. The Director shall
initiate minor amendments and shall forward the proposed amendments to the
City Council for review and action.
(i) Major amendments. Substantial changes to the text, or significant updates to
information or addition of elements to the Plan shall be in the interest of
promoting the health, safety and general welfare of the community. Such
9
changes, as well as Land Use Map amendments, shall be in accordance with the
criteria in (f) above.
5. A new section, Section 18-106, of the Code is hereby enacted to read as follows:
10
(2) The annexation is in accordance with the Comprehensive Plan, and the
best interests of the City would be served by annexation of the subject
property.
6. Section 18-124 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
11
(3) The location of any existing buildings on or immediately adjacent to the
site.
(4) The boundary of the site.
(5) The location of adjacent property lines, existing easements, burial
grounds, railroad rights-of-way, watercourses, irrigation ditches, gas and
oil wells and leases.
(6) The gross area of the property.
(7) The net land area of the property.
(8) The total number of lots and tracts.
(9) The total number of buildable lots.
(10) Pedestrian and vehicular ingress and egress.
(11) Internal circulation requirements.
(12) Maximum/minimum square footage.
(13) Maximum building height.
(14) Minimum building setback.
(15) Areas on the property to be landscaped and their dimensions.
(16) If residential, total dwelling units.
(17) If non-residential, maximum floor area ratio.
(18) Architectural materials of all proposed buildings.
(19) Proposed phasing plan.
(20) The location and dimensions of all existing rights-of-way, alleys, other
public ways or private drives within or immediately adjacent to the
property.
(21) All existing and proposed median cuts and driveway locations within 250
feet of the property or lot.
(22) All areas proposed for dedication or reservation.
(23) All environmentally sensitive areas, areas of environmental hazards, and
significant environmental features such as trees, woodlands, lakes, bluffs,
ditches, streams, wetlands and floodplains.
(24) Topography on the property and within 300 feet of the property.
(25) Contain any other reasonable and pertinent information that the Director
determines to be necessary for Conceptual Site Plan review.
(e)(d) Technical review of Conceptual Site Plan. Technical review of a Conceptual Site
Plan shall be as follows:
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(1) Once the Director has determined that the application is complete,
technical review shall start. During technical review, the application shall be
evaluated by the City staff as necessary to determine compliance with:
a.(1) Provisions of the zoning ordinance and Comprehensive Plan.
b.(2) Performance standards and criteria listed in Subsection (dg) of this
section.
c.(3) Other applicable development regulations, standards, requirements, or
plans adopted by the Council.
(e) Neighborhood meetings. At least 15 days prior to the required public hearing in
(f) below, the applicant shall conduct a neighborhood meeting to present
information on the proposed change in zoning district classification to property
owners and organizations in close proximity to the subject property. A
neighborhood meeting is not required for a proposed amendment to this chapter.
Proper notice of the meeting shall be mailed at least ten days prior to the
scheduled neighborhood meeting to:
(1) All owners of real property lying within 1,500 feet of the boundary of the
area of request. The measurement of the 1,500 feet includes streets and
alleys.
(2) All recognized homeowners’ associations or neighborhood associations
that have provided the City Development Department with notice of their
desire to receive public notices, the geographic boundaries of the area of
concern to the organization, and the address to which the notice is to be
sent. It is the responsibility of the association to keep a current address
on file with the Department.
(f) Council review of a Conceptual Site Plan. A Conceptual Site Plan is subject to
Council review as follows:
(1) All Conceptual Site Plans shall be reviewed under the requirements of this
subsection. The Council shall hold a public hearing to allow proponents
and opponents of an application for a Conceptual Site Plan to present
their views.
(2) Before the Council holds the public hearing on an application for a
Conceptual Site Plan, the Director shall give notice of the public hearing in
a newspaper of general circulation in the community at least ten days
before the hearing.
(3) The Director shall send proper notice of a public hearing on a request for a
Conceptual Site Plan to:
a. tThe owner of the property and all owners of real property lying
within 600 1,500 feet of the boundary of the area of request. The
measurement of the 600 1,500 feet includes streets and alleys.
b. All recognized homeowners’ associations or neighborhood
associations that have provided the City Development Department
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with notice of their desire to receive public notices, the geographic
boundaries of the area of concern to the organization, and the
address to which the notice is to be sent. It is the responsibility of
the association to keep a current address on file with the
Department.
a.c. The applicant may not alter, change, amend, enlarge, or withdraw a
portion of the application after notices have been mailed for a public
hearing without the approval of the Council.
(4) The applicant shall be responsible for obtaining and posting required signs
for public hearings according to the following:
a. The applicant shall be responsible for obtaining the required
number of notification signs to be posted on the property that is the
subject of the public hearing. The signs shall be obtained from the
City, and the number and location of signs to be posted shall be
determined by the City.
b. The applicant shall post the required number of notification signs on
the property at least ten days before the date of the scheduled
public hearing before the Council. The signs must be posted at the
locations specified by the City, and proper posting of the signs by
the applicant shall be affirmed by an affidavit of posting signed by
the applicant.
c. If the Council determines that the applicant has failed to comply
with the provisions of this Subsection (f)(4), the Council shall take
no action on the application other than to postpone the public
hearing.
(5) The Council shall make its decision on an application for a Conceptual
Site Plan based on staff reports from the Director, other evidence
presented at the public hearing, and on findings that the application meets
the requirements of this chapter and other applicable development
regulations, standards, requirements, or plans adopted by the Council and
as outlined in Subsection (g) below.
(6) The Council shall make explicit its rationale for approving, approving with
conditions, or denying an application for a Conceptual Site Plan. Staff
shall make a record of the public hearing and the resulting actions for
each application.
(7) The actions of the Council shall be considered final.
(g) Criteria. The City Council may consider the following criteria used in evaluating
the Conceptual Site Plan.
(1) The proposed project is Cconsistentcy with the Comprehensive Plan and
all requirements of this chapter.
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(2) The proposed project is Cconsistentcy with or conditioned on the current
zoning on the property or conditioned on the approval of an existing
application for a zoning district amendment.
(3) The Conceptual Site Plan is in Ccompliance with all applicable use,
development and design standards set forth in this Code.
(4) Consistency with policies in place regarding the development of land in
the City.Adequate facilities and services exist or are planned by the
project to serve the development at the time of construction.
(5) Compatibility with the surrounding area is demonstrated by proposed
improvements, including screening and buffering that has been provided
to minimize impacts to adjacent uses.
(6) Other credible evidence presented at the public hearing.
7. Section 18-126 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
15
e. Site plan, landscaping plan, and architectural plans and other
information that the Director determines to be necessary for the
review of the Development Permit application shall be submitted at
the same time with cross references between the various
components. The Director may waive the requirement for one or
more of these plans if they are not applicable given the nature of
the Development Permit being requested. Plans submitted under
this section shall:
1. Include 25 folded, blue or black line copies, and one set of
photographic original, four-mil mylar sheets shall be required
to be submitted to the City following approval of the
Development Permit;
2. All copies shall have a scale of one inch equals 100 feet or
larger (e.g., one inch equals 50 feet, or one inch equals 40
feet, etc.) and shall be on a standard drawing sheet of a size
not to exceed 36 inches by 48 inches. In the event a single
sheet is not practicable, multiple sheets may be used if, on
each sheet:
i. Match lines are indicated; and
ii. A composite drawing is provided that shows the entire
development, location of the match lines, sheet
numbers, and the location of the sheet within the
proposed development by the shading in of the
appropriate area on the composite;
3. Include a location diagram showing the position of the lot in
relation to surrounding streets;
4. Contain title, block and reference information pertaining to
the lot and plan, including the name of the project, the
names of persons responsible for preparing the plan, the
zoning classification of the lot, the scale of the plan, both
graphic and numeric, and the date of submission with
provisions for dating revisions;
5. Show the dimensions of the lot and indicate lot area in both
square feet and acres; and
6. Include an 8.5- by 11-inch black and white illustration of
each plan suitable for photography showing sufficient detail,
but general enough to be legible.
f.b. The Director may waive one or more submission requirements of a
site plan, landscape plan, or architectural plan if the submission
requirement is not applicable given the nature of the Development
Permit being requested.
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(2) In addition to the materials listed in Subsection (c)(1) of this section, an
application for a Development Permit shall include the following: evidence
of good faith attempts to relocate any prairie dog colonies found to be
existing on the real property to be developed in accordance with Section
6-21 of the Code.
a. The appropriate fee as set forth in the fee schedule established by
resolution of the Council;
b. A phase III drainage report, pursuant to the City's Standards and
Specifications for the Design and Construction of Public
Improvements, if deemed necessary by the Development
Engineering Manager; and
c. A final water and sanitary sewer impact analysis, pursuant to the
City's Standards and Specifications for the Design and Construction
of Public Improvements, if deemed necessary by the Development
Engineering Manager.
d. Evidence of good faith attempts to relocate any prairie dog colonies
found to be existing on the real property to be developed in
accordance with Section 6-21 of the Code.
(3) All applications involving wireless telecommunication facilities requiring a
Development Permit or Specific Use Permit, except amateur
telecommunication facilities requiring such permits, shall provide the
following items in addition to standard application requirements.
a. Inventory of sites. Each applicant for a telecommunication facility
shall provide to the City Development Department a narrative and
map description of the applicant's existing or then current land use
applications for proposed telecommunication towers within a two-
mile radius of the proposed site regardless of the City's boundary.
This provision is not intended to require that the applicant submit its
business plan, propriety information, or make commitments
regarding the location of towers within the City. Rather, it is an
attempt to provide a mechanism for the City and all applicants for
telecommunication facilities to share general information, assist in
the City's comprehensive planning process, and promote co-
location by identifying areas in which telecommunication towers
might be appropriately constructed for multiple users.
The City Development Department may share such information
with other applicants applying for administrative approvals or
Special Use Permits or other organizations seeking to locate
antennae within the jurisdiction of the City. The City may only share
this information provided that the City Development Department is
not in any way representing or warranting that such sites are
available or suitable unless a more stringent compliance schedule
is mandated by the controlling federal agency.
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b. Justification for new commercial towers. No new commercial towers
shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the City that existing commercial towers
or attachments to existing structures cannot accommodate the
applicant's needs. Evidence of this condition may consist of the
following:
1. Proof that no existing telecommunication facilities or
structures within a 1000-foot radius of the proposed site are
suitable to meet the applicant's technical requirements;
2. Proof that existing freestanding telecommunication facilities
or structures do not have sufficient structural strength to
support the applicant's proposed antenna and related
equipment;
3. Proof that the applicant's proposed antenna would cause
electromagnetic interference with the antennae on the
existing towers or structures, or the antennae on the existing
towers or structures would cause interference with the
applicant's proposed antenna; or
4. An affirmative demonstration that there are other limiting
factors rendering existing towers and structures unsuitable.
c. Plot plan. When the proposed wireless telecommunication facility is
to include a new commercial tower, a plot plan at a scale of not less
than one inch equal to 100 feet shall be submitted. This plot plan
shall indicate all building uses within 300 feet of the proposed
facility. Aerial photos and/or renderings may be required by the
Director to augment the plot plan.
d. Legal access. Evidence of legal access to the tower site and the
ability to maintain this access regardless of other developments
that may take place on the site.
e. Interference. The applicant shall provide a written statement from a
qualified radio frequency engineer, certifying that a technical
evaluation of existing and proposed facilities indicates no potential
interference problems.
f. Compliance with FCC requirements. A letter from the applicant
stating that the proposed facility will meet all requirements
established by the Federal Communications Commission (FCC).
g. Submittal of FCC license. If the proposed facility requires a FCC
license, a copy of a valid FCC license, if available, or a letter from
the applicant stating that they will submit to the City Development
Department a copy of the FCC license when issued.
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h. Authorization by property owner for submittal of application. Proof
of ownership, copy of a valid lease agreement for the site, or letter
from the legal owner authorizing submittal of the application.
The Director may waive any or all of the requirements of this Subsection
18-126(c)(3). Requests for waivers shall be submitted in writing to the
Director, prior to or concurrent with the application for the Development
Permit.
(4) All applications for amateur telecommunication facilities requiring a
Development Permit, shall provide the following items in addition to
standard application requirements:
a. Compliance with FCC requirements. A letter from the applicant
stating that the proposed facility will meet all requirements
established by the Federal Communications Commission (FCC).
b. Submittal of FCC license. If the proposed facility requires a FCC
license, a copy of a valid FCC license, if available, or a letter from
the applicant stating that they will submit to the City Development
Department a copy of the FCC license when issued.
(5) If the City determines that a Development Permit application is likely to
result in improvements that require assurances of completion in
accordance with Section 18-7 or if the subdivision has not met these
requirements at the time of subdivision, this information shall be submitted
and approved before final approval of a Development Permit.
(6) The package of plans submitted as part of the application for Development
Permit review shall contain the specific information outlined in the
following subsections City application forms.
(d) Site plan submission requirements. Site plans shall:
(1) Show or describe the building envelope for each existing and proposed
building on the lot;
(2) Show the location and dimensions of all existing streets; alleys;
easements for utilities, streets, and other purposes; floodplains, as defined
by the Federal Emergency Management Administration (FEMA), and/or
other official drainage information;
(3) Show all areas proposed for dedication or reservation;
(4) Show all environmentally sensitive areas and areas of environmental
hazards;
(5) Show zoning setback lines and building lines for each existing and
proposed building on the lot;
(6) Show all existing and proposed points of ingress and egress to the lot and,
for those lots adjacent to an arterial thoroughfare, indicate estimated peak
hour turning movements to and from existing and proposed public and
private streets and alleys;
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(7) Show all existing and proposed median cuts and driveway locations within
250 feet of the lot;
(8) Show all existing and proposed off-street parking and loading areas,
indicating the general dimensions of parking bays, aisles, and driveways,
and the number of cars to be accommodated in each row of parking
spaces;
(9) Show all existing and proposed provisions for pedestrian circulation on the
lot, including sidewalks, walkways, crosswalks, and pedestrian plazas;
(10) Show the location and indicate the type of any special traffic regulation
facilities proposed or required;
(11) Show the existing and proposed topography of the lot using contours of
two feet or less. Existing contours shall be shown with dashed lines and
proposed contours shall be shown with solid lines;
(12) Show the location and indicate the type of any existing or proposed
mechanical or electronic equipment capable of producing noise that
crosses the lot line;
(13) Contain, in tabulated form in a conspicuous place on the plan, the zoning
classification of the lot, the lot area in square feet and acres, total building
floor area and the floor area for each use on the lot in square feet, the
floor area ratio of the lot, square footage and percentages of building
coverage and nonpermeable coverage of the lot, and number of off-street
parking spaces required and number of off-street parking spaces
provided;
(14) Describe how the site plan meets the site plan design regulations in
Section 18-801; and
(15) Contain any other reasonable and pertinent information that the Director
determines to be necessary for site plan review.
(e) Landscape plan submission requirements. Landscape plans shall:
(1) Show the location of significant environmental features such as trees,
woodlands, lakes, bluffs, drainageways, streams, wetlands and
floodplains;
(2) Show the existing and proposed location and dimensions of all manmade
landscape elements on the lot, including light standards, planter boxes,
retaining walls, fences, and other structures;
(3) Show the existing location of major plant materials, including all trees
equal to or over four inches in caliper and indicating which of these
existing plants will be removed, retained, or relocated;
(4) Show the approximate location, general type, size and species of all
proposed plant materials;
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(5) Contain, in tabular form, information on the proposed plant materials
showing quantity by general materials category and size at the time of
installation, and quantity by type of location on the lot (e.g., parking lot
islands, street frontages, park areas, etc.);
(6) Contain in written form, information on:
a. Who will have responsibility for maintenance of the landscaping
shown on the plan, both manmade elements and plant materials;
b. The manner in which lawn areas in the landscaping plan are to be
established; and
c. The nature of the existing soils on the lot and any plans to enhance
the existing soils prior to planting;
d. The exterior materials and colors of all manmade landscape
elements shown on the plan; and
(7) Contain any other reasonable and pertinent information that the Director
determines to be necessary for landscape plan review.
(f) Architectural plan submission requirements. Architectural plans shall:
(1) Show front, side, and rear elevations of all existing and proposed
structures on the lot;
(2) Show a reasonable likeness to the materials and colors proposed for the
structures on the lot;
(3) Declare the proposed use of the building and indicate one category of
design review criteria in Section 18-532 under which the proposed
architectural plan is to be reviewed;
(4) Describe how they comply with design regulations in Section 18-531; and
(5) Contain any other reasonable and pertinent information that the Director
determines to be necessary for design review.
(g)(d) Initial review by Director. The initial review of the Development Permit by the
Director is subject to the following:
(1) A person considering application for a Development Permit is encouraged
to contact the Director and discuss the proposal with the Department. At
this preapplication conference the Director shall:
a. Determine if a Development Permit is required by applying the
criteria in Subsection (b) of this section;
b. Review the submission requirements and identify, to the extent
possible, any additional items required due to the nature of the
specific project;
c. Review the process that will be followed and provide a general time
frame for action; and
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d. Provide the applicant with an approved application form and identify
the planner-in-charge.
(2) When an applicant submits a formal application for a Development Permit,
the Director shall determine if the application is complete. If the application
is not complete the applicant shall be notified in writing with a list of
specific items necessary to complete the application.
(h)(e) Minor Development Permit process. The process for a Minor Development
Permit shall be as follows:
(1) All land use, development and improvements of any type funded by the
City and constructed on property owned by the City shall be exempt from
the Minor Development Permit process requirements of this section.
(2) The Director shall determine if the application for a Development Permit
may be processed as a Minor Development Permit that may be approved
by the Director. The Director may use a Minor Development Permit
process if:
a. The application is for a TUP as defined in Section 18-228.
b. The application is for new construction that:
1. Does not exceed 600 square feet, or 20 percent of existing
floor area, whichever is less;
2. Does not change the essential character of the existing
development on or around the site;
3. Does not involve a change in use that would require an SUP;
and
4. Is located in an area of the site that is not and in the
foreseeable future will not be visible by the general public.
1. Is a new nonresidential building or addition of between 480
square feet and 1,000 square feet in floor area;
2. Is a new residential accessory building of between 480
square feet and 768 square feet in area; or
3. Is for a private accessory community center building.
c. The application is for a renovation project which:
1. Is for an existing site under 20,000 square feet or an existing
building under of between 480 square feet and 5,000 square
feet;
2. Does not change the essential character of the existing
development;
3. Does not involve a change in existing building height, floor
area, or nonpermeable coverage of the site by more than 20
percent;
22
4. Does not involve a change in use that would require an SUP;
and
5. Does not substantially alter a feature of a project to which
the Board, in a previously approved Development Permit,
has attached a particular condition or requirement.; and
6. Is located in an area of the site that is not and in the
foreseeable future will not be visible by the general public.
d. The application is for the renovation of an existing building that
significantly changes the architectural character of the building,
including but not limited to:
1. Changes in exterior building materials;
2. Increasing or decreasing the openings in the building’s
façade by more than ten percent; and
3. Changes to the cornice line or slope of the roof.
e. The application is for a renovation project that includes façade
changes such as replacement of fascia or exterior façade covering,
or a change of the exterior colors as opposed to normal building
maintenance.
f. The application is for the amendment of any approved Minor
Development Permit or Major Development permit that does not:
1. Change by more than ten percent the maximum density for
any residential use area, floor area ratio for nonresidential
development, or height for any allowed structures or
buildings;
2. Reduce the minimum setbacks or yards required by more
than ten percent;
3. Decrease the amount of required off-street parking by more
than ten percent;
4. Reduce the size of or number of plantings within common
open spaces, landscaping, or buffering by more than ten
percent;
5. Change the size of the approved development or use by
more than ten percent;
6. Significantly modify a condition imposed by the Board or City
Council; and
7. Significantly affect the character of the development or
significantly impact neighboring property;
d.g. The application is for any of the following types of wireless
telecommunication facilities:
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1. Amateur telecommunication facilities in the Agricultural
District.
2. Amateur telecommunications antennae either attached to an
existing structure other than a tower or ground-mounted that
exceed the height limit of the district in which the antenna is
located, up to a height of 75 feet.
3. Attachments to existing structures (as defined in Section 18-
3 under wireless telecommunication facility) that meet the
criteria in Section 18-356(7) of this chapter, where the
attachment is to a roof surface that is not horizontal.
4. The strengthening or replacement of any approved and
existing wireless telecommunication facility in order to
correct damage, wear, structural support, or to facilitate co-
location provided that the resulting facility is substantially the
same in design and extent as the original facility.
5. For townhouses, condominiums, multiple dwellings,
retirement housing, college dormitories, fraternity and
sorority houses, up to two television reception dishes per
main building if each dish has a diameter of ten feet or less
and the combined diameter of the dishes is 12.5 feet or less.
For purposes of this provision, dishes having a diameter less
than 40 inches are not counted.
Dishes may be clustered in specific locations in a
development subject to approval as part of the Minor
Development Permit review.
6. Nonresidential zoning districts.
i. For freestanding office, single-tenant retail, industrial,
and multi-tenant buildings 25,000 square feet or less
in size, up to five television reception dishes if each
dish is 12 feet or less in diameter, and the combined
total diameter of the dishes does not exceed 40 feet.
For purposes of this provision, dishes less than 40
inches in diameter are not counted.
ii. For multi-tenant buildings over 25,000 square feet in
size, five television reception dishes if each dish is 12
feet or less in diameter, plus one additional dish of 12
feet or less in diameter for each additional 50,000
square feet of floor area, where the combined total
diameter of all dishes is no more than 120 feet. For
purposes of this provision, dishes less than 40 inches
in diameter are not counted.
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Dishes may be clustered in specific locations in a
development subject to approval as part of the Minor
Development Permit review.
(3) Notwithstanding the authority of the Director to review and approve a
Development Permit under the Minor Development Permit process, the
Director shall have the discretion to transmit any Development Permit
application to the Board for review upon a determination that the public
interest would best be served by doing so.
(4) If the application is complete and involves a project that meets the
requirements of a Minor Development Permit process, the Director shall
approve an application if it meets all applicable standards and criteria in
this chapter and other City codes, or the Director:
a. May approve the application with reasonable conditions that would
result in an application that meets all applicable standards and
criteria in this chapter; or
b. Shall deny the application if it does not meet the standards and
criteria in this chapter and reasonable conditions are not available
that would allow approval.
(5) If the Director denies the application, the applicant shall be sent written
notice of the decision and shall have ten days from the postmark on the
notification letter to request a public hearing before the Board. A request
shall be made in writing to the Director.
(i)(f) Board review of Major Development Permit. A Major Development Permit is
subject to Board review as follows:
(1) All Development Permit applications which do not meet the requirements
of the Minor Development Permit process shall be reviewed under the
requirements of this subsection. The Board shall hold a public hearing to
allow proponents and opponents of an application for a Major
Development Permit to present their views.
(2) Before the Board holds the public hearing on an application for a
Development Permit, the Director shall give notice of the public hearing in
a newspaper of general circulation in the community at least ten days
before the hearing.
(3) The Director shall send proper notice of a public hearing on a request for a
Development Permit to all owners of real property lying within 300 1,500
feet of the boundary of the area of request. The measurement of the 300
1,500 feet includes streets and alleys. The applicant may not alter,
change, amend, enlarge, or withdraw a portion of the application after
notices have been mailed for a public hearing without the approval of the
Board.
(4) The applicant shall be responsible for obtaining and posting required signs
for public hearings according to the following:
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a. The applicant shall be responsible for obtaining the required
number of notification signs to be posted on the property that is the
subject of the public hearing. The signs shall be obtained from the
City, and the number and location of signs to be posted shall be
determined by the City.
b. The applicant shall post the required number of notification signs on
the property at least ten days before the date of the scheduled
public hearing before the Board. The signs must be posted at the
locations specified by the City, and proper posting of the signs by
the applicant shall be affirmed by a notarized affidavit of posting
signed by the applicant.
c. If the Board determines that the applicant has failed to comply with
the provisions of this Subsection (i)(4), the Board shall take no
action on the application other than to continue the public hearing.
(5) The Board shall use the following criteria to evaluate a Major Development
Permit:make its decision on an application for a Development Permit
based on staff reports from the Director, other evidence presented at the
public hearing, and on findings that the application
a. The proposed development is consistent with an approved
Conceptual Site Plan for the property; and
b. The proposed development meets the requirements of this chapter
and other applicable development regulations, standards,
requirements, or plans adopted by the Council.
(6) The Board shall make explicit its rationale for approving, approving with
conditions, or denying an application for a Development Permit. Staff shall
make a record of the public hearing and the resulting actions for each
application. The Council shall be notified of the Board's action not later
than their next regularly scheduled meeting.
(7) The actions of the Board shall be considered final unless appealed to the
Council within ten days following the Board's decision.
(j)(g) Appeals of Major Development Permit actions of Board.
(1) All Development Permit applications which do not meet the requirements
of the Minor Development Permit process shall be appealed under the
requirements of this subsection. The following parties may appeal an
action of the Board to the Council for review and final approval concerning
Major Development Permit or SUP applications:
a. The applicant, in the case of a denial or approval with conditions;
b. The Council, when it feels that the application is one that requires
the review of the Council; or
c. Any affected party, which is defined as:
26
1. Any person who was notified in writing because the person
is within 300 feet of the subject property; or
2. An individual who is harmed or negatively impacted by the
actions of the Board's decision.
(2) An appeal by the applicant or by any affected party shall be made in
writing to the Director within ten days following the action of the Board.
(3) An appeal by the Council shall not be construed to establish a position by
any Councilmember on the appeal. An appeal by the Council shall require
a request by one or more Councilmembers at a regular or special Council
meeting within the period of appeal provided in Subsection (j)(2) of this
section to review the decision of the Board.
(4) In hearing an appeal or reviewing the decision of the Board on its own
request, the Council shall conduct a new public hearing. The standard of
review shall be the performance standards or criteria contained in this
chapter or other written document or plan adopted by the Council.
(5) The Council may remand the application for additional evidentiary findings
or for an additional public hearing, or may uphold, overturn or amend the
Board's decision.
(6) The Council shall make explicit its rationale for overturning a decision of
the Board. Staff shall, in the case of Council approvals and conditional
approvals, make them a part of any required Development Permit.
8. Section 18-156 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
27
(9)(10) Regional Commercial District (RC);
(10)(11) Business Park District (BP);
(11)(12) City Center District (CC);
(12)(13) Industrial District (I);
(13)(14) Employment Center District (EC);
(14)(15) Mixed Use District (MU); and
(15)(16) Office/Institutional District (OI);.
(17) Eastlake Business District (EB);
(18) Eastlake Service District (ES);
(19) Eastlake Office District (EO); and
(20) Eastlake Transit-Oriented Development District (ETD).
10. Section 18-187 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
11. Section 18-188 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
28
Sec. 18-188. Single-Family Detached Districts.
(c) Accessory uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq.
(2) The following accessory uses are permitted by right in a Single-Family
Detached District:
Solar collectors.
12. Section 18-189 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
13. Section 18-190 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
14. Section 18-191 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
29
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq.
(2) The following accessory uses are permitted by right in a Manufactured
Home District:
Solar collectors.
15. Section 18-192 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
16. Section 18-193 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
17. Section 18-194 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
30
Solar collectors.
18. Section 18-195 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
19. Section 18-196 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
20. Section 18-197 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
21. Section 18-200 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
31
Sec. 18-200. Planned Development (PD) District.
(a) Purpose. There exist in the City tracts parcels where the zoning regulations
contained in the categorical districts in Sections 18-186 to 18-197 and 18-204 to
18-206 may not provide for the development of innovative projects desired by
property owners and providing general benefit to the City as a whole. To allow for
innovative development projects in a way that can assist in the implementation of
the City's Comprehensive Plan and other development goals and objectives, a
Planned Development (PD) District is provided as a special district that may be
used in these instances.
(c) Initiation.
(5) Application for a PD is made to the Director in accordance with Section
18-8 on a form furnished by the City. The application shall contain the
following: include all information listed as a requirement on the current
Planned Development application checklist issued by the Department, the
Overall Development Plan, and any other reasonable and pertinent
information that the Director determines to be necessary for review of the
proposed Planned Development District.
a. The application fee as established by resolution of the City Council;
b. The name, address, and telephone number, and signature of the
applicant. If the applicant is not the owner of the lot, the applicant
shall submit a letter from the owner authorizing the applicant to act
on the owner's behalf;
c. The name, address, and telephone number of the owner of the
property. If there is more than one owner, the names and
addresses of all owners shall be provided;
d. The street address, if any, and complete legal description of the
property;
e. An Overall Development Plan; and
f. An 8.5 by 11 inch black and white illustration suitable for
photography showing sufficient detail, but general enough to be
legible.
(6) The Overall Development Plan submitted under this section shall:
a. Include 25 folded blue or black line copies, and one set of
photographic original four-mil mylar sheets.
b. Have a scale of one inch equals 100 feet or larger (e.g., one inch
equals 50 feet, or one inch equals 40 feet, etc.) and be on a
standard drawing sheet of a size not to exceed 36 inches by 48
inches. In the event a single sheet is not practicable, multiple
sheets may be used if, on each sheet:
1. Match lines are indicated; and
32
2. A composite drawing is provided that shows the entire
proposed development, location of the match lines, sheet
numbers, and the location of the sheet within the proposed
development by the shading in of the appropriate area on
the composite;
c. Include a location diagram showing the position of the property in
relation to surrounding streets;
d. Contain title block and reference information pertaining to the
property and plan, including the name of the project, the names of
persons responsible for preparing the plan, the scale of the plan,
both graphic and numeric, and the date of submission with
provisions for dating revisions;
e. Show the dimensions of the property and indicate its area in both
square feet and acres;
f. Contain in tabulated form in a conspicuous place on the plan
proposed uses within the PD, heights of buildings and structures,
lot size, floor area requirements, density, coverage, and setbacks. If
necessary this information should be broken down for each use
proposed on the site; and
g. Give any other proposed changes to development regulations
contained in this chapter.
(7) To the extent possible, the Overall Development Plan should also show:
a. Or describe the building envelope for each existing and proposed
building on the lot;
b. The location and dimensions of all existing streets, alleys,
easements for utilities, streets, and other purposes, floodplains as
defined by the Federal Emergency Management Administration
(FEMA), and/or other official drainage information;
c. All areas proposed for dedication or reservation;
d. Zoning setback lines and building lines for each existing and
proposed building on the lot;
e. All existing and proposed points of ingress and egress to the
property, and for those tracts adjacent to an arterial thoroughfare,
indicate estimated peak hour turning movements to and from
existing and proposed public and private streets and alleys;
f. All existing and proposed median cuts and driveway locations
within 250 feet of the property;
g. All existing and proposed off-street parking and loading areas,
indicating the general dimensions of parking bays, aisles, and
driveways, and the number of cars to be accommodated in each
row of parking spaces;
33
h. All existing and proposed provisions for pedestrian circulation
including sidewalks, walkways, crosswalks, and pedestrian plazas;
i. The location and indicate the type of any special traffic regulation
facilities proposed or required;
j. The existing and proposed topography of the property using
contours of two feet or less. Existing contours should be shown with
dashed lines and proposed contours should be shown with solid
lines;
k. The location and indicate the type of any existing or proposed
mechanical or electronic equipment capable of producing noise that
crosses the property line; and
l. Any other reasonable and pertinent information that would assist
the Director in determining the appropriateness of the PD. The
Director may waive one or more submission requirements of a PD if
the submission requirement is not applicable given the nature of the
PD being proposed.
22. Section 18-204 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
23. Section 18-205 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
34
24. Section 18-206 of the Code is hereby amended by the addition in alphabetical
order of the words double-underlined to read as follows:
25. Section 1 of Ordinance No. 2782 is hereby amended and codified as Sections
18-210 through 18-214 to read as follows:
35
(6) Recreation uses.
Neighborhood park or playground.
(7) Residential uses.
Single-family dwellings.
(8) Retail and personal service uses.
None permitted.
(9) Temporary uses.
Christmas tree lot (TUP).
Seasonal sales stand (TUP).
Temporary concrete or asphalt batch plant (TUP).
Temporary construction yard, construction/sales office (TUP).
(10) Transportation uses.
Transit passenger shelter (SUP).
(11) Utility and public service uses.
Electric substation and gas regulator station (SUP).
Library (SUP).
Local utilities.
Police and fire stations (SUP).
Utility or government installation other than listed (SUP).
Water treatment plant, reservoir and water storage tanks (SUP).
(12) Wholesale, distribution and storage uses.
Recycling collection center (Limited).
(13) Wireless telecommunication uses.
Public safety telecommunication facility (SUP).
(c) Accessory uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq. The following accessory uses are
permitted:
Accessory community center (SUP).
Accessory outside storage.
Amateur telecommunication facility.
Attachment of telecommunication antennae to existing structure.
Home occupation.
36
Occasional sales (garage sales).
Solar collectors.
Swimming pools (private).
Television reception antenna or dish.
Wind Energy Conversion System (SUP).
(d) Yard, lot and space regulations.
(1) Front, side and rear yards. Front, side and rear yards are determined
through Development Permit review. For this district the following building
setback criteria shall be applicable:
Minimum Permitted Setback Maximum Required
For:
(feet) (feet)
a. Principal structure: 15 feet
b. Face of garage: 25 feet
Front yard minimum; face of garage shall None
be setback at least 10 feet from
front wall plane of home
Side yard 5 feet None
Corner side yard 15 feet None
a. Principal structure: 20 feet
b. Accessory structures: 5 feet
Rear yard None
c. Garage with a door that
opens on an alley: 5 feet
(2) Dwelling unit density. Maximum dwelling unit density is 4.99 units per
acre.
(3) Floor area. Minimum floor area for a principal dwelling unit shall be 800
square feet.
(4) Height.
a. Maximum height in the district is 30 feet.
b. Maximum height of nonresidential structures is 16 feet.
(5) Lot size. Minimum lot size is 4,500 square feet.
(6) Lot coverage. Maximum lot coverage in this district is:
a. 60 percent for residential structures.
b. 25 percent for nonresidential accessory structures.
c. 75 percent for all structures combined.
(e) Additional provisions.
(1) Parking. Parking and vehicle storage shall comply with all other
regulations in the Development Code, except that a minimum of two off-
street parking spaces are required for each new principal residential
structure constructed after February 12, 1990.
37
(2) Accessory structures. Ground-mounted satellite dishes shall be restricted
to rear yards, and the area covered by the satellite dish shall contribute to
the maximum allowable square footage permitted for accessory
structures.
(3) Design standards.
a. Facades.
1. The front door of the home shall be oriented toward the
street.
2. The front facade of the home shall incorporate a covered
front porch. The porch shall have a minimum depth of six
feet and a minimum of 60 square feet of floor area.
3. Each street facing facade shall have a minimum of 12
square feet of glass with either:
i. A minimum four-inch nominal wide wood trim border.
ii. Shutters a minimum of twelve inches wide.
iii. Each door shall have a minimum of nominal four-inch
wide wood trim.
b. Roofs.
1. Each home and garage shall have a minimum pitch on
predominant roof planes of at least 4:12.
2. All sloped roofs shall include a minimum 12-inch overhang.
c. Garages.
1. All garages shall be built of the same materials and colors as
the dwelling unit on the same lot.
2. Carports are prohibited.
d. Compatibility. New and remodeled structures should be designed
to be complementary or consistent with the characteristics of the
surrounding area. Strategies to achieve this include, but are not
limited to:
1. Using similar or complementary materials, colors or design
details, such as horizontal siding and/or front porches.
2. Using similar or complementary building shapes and/or
forms, such as sloped roofs and/or simple forms.
38
(1) The Eastlake Business Zoning District is intended to promote a mix of
retail, office and residential uses along the traditional main street of the
Town of Eastlake. The zone regulates land use and design to promote
appropriate preservation and encourage redevelopment consistent with
the established character of the area. Adjacent to a major transit corridor,
the EB Zone District is intended to encourage a pedestrian scale
environment with building types and uses that are sensitive to the nearby
residential neighborhood. This District is intended to implement the land
use goals, policies and recommendations for the Eastlake Neighborhood
adopted in the Eastlake Subarea Plan. Additional guidelines for
development in Eastlake are contained in the Eastlake Subarea Plan.
(2) This zone includes:
a. A vertical mix of uses on the same lot or within the same project.
b. Reduced parking requirements for a mix of uses and proximity to a
major transit line. All parking must be located in the rear of
buildings.
c. A zero-foot front setback along Lake Avenue.
d. Pedestrian scale buildings and streetscaping requirements.
(b) Main uses permitted.
(1) Agricultural uses.
None permitted.
(2) Industrial uses.
Mining (SUP).
Well sites or production sites.
(3) Institutional and community service uses.
Church (SUP).
Cultural arts facilities.
Day care facility.
Limited fundraising events (Limited).
(4) Lodging uses.
None permitted.
(5) Office uses.
Financial institution without drive-through.
General office.
Medical office.
(6) Recreation uses.
39
Neighborhood park or playground.
(7) Residential uses.
Multiple dwellings.
(8) Retail and personal service uses.
Bar, lounge or tavern.
Catering service.
Clubs and lodges (SUP).
Dry cleaning, laundry store.
Furniture store.
General merchandise or food store, 3,500 square feet or less
Household equipment and appliance repair.
Personal service uses.
Restaurant without drive-in or drive-through.
(9) Temporary uses.
Christmas tree lot (TUP).
Seasonal sales stand (TUP).
Temporary concrete or asphalt batch plant (TUP).
Temporary construction yard, construction/sales office (TUP).
Traveling show, carnival, circus or special event (TUP).
(10) Transportation uses.
Transit passenger shelter.
(11) Utility and public service uses.
Library.
Local utilities.
Police and fire station (SUP).
Post office.
Utility or government installation other than listed (SUP).
(12) Wholesale, distribution and storage uses.
Recycling collection center (Limited).
(13) Wireless telecommunication uses.
Commercial radio or TV facility (SUP).
Commercial satellite dish (SUP).
Mobile telephone facility – tower mounted (SUP).
40
Public safety telecommunication facility.
(c) Accessory Uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq. The following accessory uses are
permitted:
Accessory outside display.
Accessory outside sales.
Accessory outside storage.
Amateur telecommunication facility.
Attachment of telecommunication antennae to existing structure.
Occasional sales (garage sales).
Solar collectors.
Television reception antenna.
Wind Energy Conversion System (SUP).
(d) Yard, lot and space regulations.
(1) Front, side and rear yards. Front, side and rear yards are determined
through Development Permit review. For this district the following building
setback criteria shall be applicable:
Maximum Required
For: Minimum Permitted Setback (feet)
(feet)
a. Principal structure: All buildings Principal structure: All
Front yard must be built to front property line. buildings must be built
b. Parking: 25 feet to front property line.
a. Principal structure: 0 feet Principal structure: 0
Side yard
b. Accessory structures: 5 feet feet
a. Principal structure: 20 feet
Rear yard b. Garage opening on an alley: 5 None
feet
(2) Floor area. Maximum floor area ratio is 1.0 for single-use structures and
1.5 for mixed-use.
(3) Height.
a. Maximum height in the district is 35 feet.
b. Maximum height of accessory structures is 16 feet.
(4) Lot size.
a. No minimum lot size for nonresidential or mixed use structures.
b. Minimum lot size of 1,600 sq. ft. per dwelling unit.
41
(5) Building size. Maximum building size is 5,000 sq. ft.
(6) Lot coverage.
a. Maximum lot coverage in this district is 75 percent.
b. 80 percent minimum continuous lot frontage required.
(e) Additional provisions.
(1) Parking and vehicle storage. Parking and vehicle storage shall comply
with all other regulations in the Development Code, except as otherwise
provided herein. Required off-street parking:
a. Attached dwelling units up to and including 2 bedrooms: 1 space.
b. Attached dwelling units with 3 or more bedrooms: 2 spaces.
c. Nonresidential with residential: 1 space per 300 sq. ft.
d. Nonresidential without residential: 1 space per 250 sq. ft.
e. Nonresidential bar, lounge or tavern: 1 space per 100 sq. ft.
(2) Fences, walls and screening. In addition to the other requirements in the
Development Code, solid fences are required to screen any outside
storage area associated with nonresidential uses.
42
Industrial (inside) (not high risk).
Mining (SUP).
Well sites or production sites.
(3) Institutional and community service uses.
Church (SUP).
Cultural arts facilities.
Day care facility.
Limited fundraising events (Limited).
(4) Lodging uses.
None permitted.
(5) Office uses.
Financial institution without drive-through.
General office.
Medical office.
(6) Recreation uses.
Neighborhood park or playground.
(7) Residential uses.
None permitted.
(8) Retail and personal service uses.
Auto service center.
Bar, lounge or tavern.
Catering service.
Clubs and lodges.
Dry cleaning, laundry store.
Furniture store.
Garage for repair and rebuilding of personal vehicles.
General merchandise or food store, 3,500 square feet or less.
Household equipment and appliance repair.
Personal service uses.
Restaurant without drive-in or drive-through.
(9) Temporary uses.
Christmas tree lot (TUP).
Seasonal sales stand (TUP).
43
Temporary concrete or asphalt batch plant (TUP).
Temporary construction yard, construction/sales office (TUP).
Traveling show, carnival, circus or special event (TUP).
(10) Transportation uses.
Transit passenger shelter.
(11) Utility and public service uses.
Library.
Local utilities.
Police and fire stations (SUP).
Post office.
Utility or government installation other than listed (SUP).
(12) Wholesale, distribution and storage uses.
Recycling collection center (Limited).
(13) Wireless telecommunication uses.
Commercial radio or TV facility (SUP).
Commercial satellite dish (SUP).
Mobile telephone facility – tower mounted (SUP).
Public safety telecommunication facility (SUP).
(c) Accessory uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq. The following accessory uses are
permitted:
Accessory outside display.
Accessory outside sales.
Accessory outside storage.
Amateur telecommunication facility.
Attachment of telecommunication antennae to existing structure.
Occasional sales (garage sales).
Solar collectors.
Television reception antenna.
Wind Energy Conversion System (SUP).
(d) Yard, lot and space regulations.
44
(1) Front, side and rear yards. Front, side and rear yards are determined
through Development Permit review. For this district, the following
building setback criteria shall be applicable:
Minimum Permitted Setback Maximum Required
For:
(feet) (feet)
Front yard Principal structure: 15 feet None
a. Principal structure: 5 feet
Side yard b. Accessory structures: 5 None
feet
Corner side yard All structures: 15 feet None
45
guidelines for development in Eastlake are contained in the Eastlake
Subarea Plan.
(2) This zone includes:
a. Office uses mixed with residential.
b. Allowance for live/work opportunities.
c. Uses that typically do not generate high amounts of vehicular
traffic. All parking in rear or side of lot.
d. Small scale buildings with residential architectural character.
e. Buildings oriented toward the street.
f. Shallow front yards.
(b) Main uses permitted.
(1) Agricultural uses.
None permitted.
(2) Industrial uses.
Mining (SUP).
Well sites or production sites.
(3) Institutional and community service uses.
Church (SUP).
Cultural arts facilities.
Day care facility.
Limited fundraising events (Limited).
Schools, public and private (SUP).
(4) Lodging uses.
Bed and breakfast (SUP).
(5) Office uses.
Financial institution without drive-in.
General office.
Medical clinic.
(6) Recreation uses.
Neighborhood park or playground.
(7) Residential uses.
Multiple dwellings.
(8) Retail and personal service uses.
46
Catering service.
Clubs and lodges (nonprofit) (SUP).
Nursery, garden shop, and plant sales (SUP).
Personal service uses.
Restaurant without drive-in or drive-through service.
(9) Temporary uses.
Christmas tree lot (TUP).
Seasonal sales stand (TUP).
Temporary concrete or asphalt batch plant (TUP).
Temporary construction yard, construction/sales office (TUP).
Traveling show, carnival, circus or special event (TUP).
(10) Transportation uses.
Transit passenger shelter.
(11) Utility and public service uses.
Library.
Local utilities.
Police and fire stations (SUP).
Post office.
Utility or government installation other than listed (SUP).
(12) Wholesale, distribution and storage uses.
Recycling collection center (Limited).
(13) Wireless telecommunication uses.
Commercial radio or TV facility (SUP).
Commercial satellite dish (SUP).
Mobile telephone facility – tower mounted (SUP).
Public safety telecommunication facility (SUP).
(c) Accessory uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq. The following accessory uses are
permitted:
Accessory outside display.
Accessory outside sales.
Accessory outside storage.
47
Amateur telecommunication facility.
Attachment of telecommunication antennae to existing structure.
Occasional sales (garage sales).
Solar collectors.
Television reception antenna.
Wind Energy Conversion System (SUP).
(d) Yard, lot and space regulations.
(1) Front, side and rear yards. Front, side and rear yards are determined
through Development Permit review. For this district the following building
setback criteria shall be applicable:
Minimum Permitted Setback Maximum Required
For:
(feet) (feet)
a. Principal structures: 0 feet
b. Accessory structures: 15 Principal structures: 15
Front yard
feet feet
c. Parking: 15 feet
a. Principal structure: 5 feet
Side yard b. Accessory structures: 5 None
feet
Corner side yard All structures: 15 feet None
a. Principal structure: 10 feet
Rear yard b. Garage opening on an None
alley: 5 feet
(2) Dwelling unit density. Maximum dwelling unit density is 11.99 units per
acre.
(3) Floor area. Maximum floor area ratio is 0.5.
(4) Height.
a. Maximum height in the district is 35 feet.
b. Maximum height of accessory structures is 16 feet.
(5) Lot size.
a. No minimum lot size for nonresidential.
b. Minimum lot size of 1,600 sq. ft. per dwelling unit.
(6) Building size. Maximum building size is 5,000 sq. ft.
(7) Lot coverage. Maximum lot coverage in this district is 60 percent.
(e) Additional provisions.
(1) Parking and vehicle storage. Parking and vehicle storage shall comply
with all other regulations in the Development Code, except as otherwise
provided herein. Required off-street parking:
48
a. Attached dwelling units up to 2 bedrooms: 1 space.
b. Attached dwelling units with 3 or more bedrooms: 2 spaces.
c. Nonresidential: 1 space per 300 sq. ft.
(2) Fences, walls and screening. In addition to the other requirements in the
Development Code, solid fences are required to screen any outside
storage area associated with nonresidential uses.
49
Group home (SUP).
Limited fundraising events (Limited).
Schools, public and private (SUP).
(4) Lodging uses.
Hotels and motels (SUP).
(5) Office uses.
Financial institution without drive-through.
General office.
Medical clinic.
(6) Recreation uses.
Neighborhood park or playground.
(7) Residential uses.
Multiple dwellings.
(8) Retail and personal service uses.
Bar, lounge or tavern.
Catering service.
Clubs and lodges (nonprofit).
Dry cleaning, laundry store.
Farmers’ market.
General merchandise or food store, 3,500 square feet or less.
Household equipment and appliance repair.
Nursery, garden shop, and plant sales.
Personal service use.
Restaurant without drive-in or drive-through.
(9) Temporary uses.
Christmas tree lot (TUP).
Seasonal sales stand (TUP).
Temporary concrete or asphalt batch plant (TUP).
Temporary construction yard, construction/sales office (TUP).
Traveling show, carnival, circus or special event (TUP).
(10) Transportation uses.
Transit passenger shelter.
(11) Utility and public service uses.
50
Library.
Local utilities.
Police and fire stations (SUP).
Post office.
Utility or government installation other than listed (SUP).
(12) Wholesale, distribution and storage uses.
Recycling collection center (Limited).
(13) Wireless telecommunication uses.
Commercial radio or TV facility (SUP).
Commercial satellite dish (SUP).
Mobile telephone facility – tower mounted (SUP).
Public safety telecommunication facility (SUP).
(c) Accessory uses. As a general rule, an accessory use is permitted in any district
in which the main use is permitted. However, because of the specific nature of
some accessory uses they are specifically listed and subject to additional
regulations. See Section 18-355 et seq. The following accessory uses are
permitted:
Accessory outside display.
Accessory outside sales.
Accessory outside storage.
Amateur telecommunication facility.
Attachment of telecommunication antennae to existing structure.
Occasional sales (garage sales).
Solar collectors.
Television reception antenna.
Wind Energy Conversion System (SUP).
(d) Yard, lot and space regulations.
(1) Front, side and rear yards. Front, side and rear yards are determined
through Development Permit review.
(2) Dwelling unit density. Maximum dwelling unit density is 18 units per acre.
(3) Floor area. Maximum floor area ratio is 1.5.
(4) Height.
a. Maximum height in the district is 50 feet.
b. Maximum height of accessory structures is 16 feet.
51
(5) Lot size.
a. No minimum lot size for nonresidential.
b. Minimum lot size of 1,600 sq. ft. per dwelling unit.
(6) Lot coverage. Maximum lot coverage in this district is 75 percent.
(e) Additional provisions.
(1) Parking and vehicle storage. Parking and vehicle storage shall comply
with all other regulations in the Development Code, except as otherwise
provided herein. Required off-street parking:
a. Attached dwelling units up to 2 bedrooms: 1 space
b. Attached dwelling units with 3 or more bedrooms: 2 spaces
c. Nonresidential with residential: 1 space per 300 sq. ft.
d. Nonresidential without residential: 1 space per 250 sq. ft.
e. Nonresidential bar, lounge or tavern: 1 space per 100 sq. ft.
(2) Fences, walls and screening. In addition to the other requirements in the
Development Code, solid fences are required to screen any outside
storage area associated with nonresidential uses.
26. Section 18-230 of the Code is hereby repealed and reenacted to read as follows:
52
Sec. 18-230. Use charts.
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
53
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
54
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
55
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
56
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
57
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
58
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
59
Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
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Legend:
Single-Family Detached
Single-Family Attached
Neighborhood Service
Regional Commercial
Eastlake Residential
Manufactured Home
Employment Center
R = Permitted use by right
Eastlake Business
Residential Estate
Office/Institutional
Community Retail
Eastlake Service
S = Use permitted by Specific Use permit
Eastlake Office
Business Park
L = Limited use permitted by right
Eastlake TOD
T = Use permitted by Temporary Use Permit
Agricultural
City Center
Mixed Use
Multifamily
Industrial
NOTE:
This chart provides general information on uses
allowed in zoning districts. Refer to the individual use
sections for additional regulations.
61
27. Section 18-233 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
28. Section 18-235 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
29. Section 18-238 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
30. Section 18-244 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
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31. Section 18-245 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
32. Section 18-246 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
33. Section 18-247 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
34. Section 18-248 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Center, Mixed Use, Office/Institutional and City Center Districts all
nonresidential districts; by SUP only, in the Agricultural, Residential
Estate, Single-Family Detached, Single-Family Attached, Multifamily, and
Manufactured Home Residential Districts.
35. Section 18-249 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
36. Section 18-252 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
37. Section 18-256 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
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38. Section 18-260 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
39. Section 18-264 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
40. Section 18-265 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
41. Section 18-266 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Single-Family Detached, Single-Family Attached, Multifamily and
Manufactured Home Districts.
42. Section 18-271 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
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d. Other than to registered guests, no meals shall be served to the
general public; and
e. No cooking or kitchen facilities shall be allowed in the guest rooms.
44. Section 18-279 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
45. Section 18-280 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
46. Section 18-283 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
47. Section 18-284 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Sec. 18-284. Clubs and lodges (nonprofit).
Nonprofit club and lodge uses are subject to the following:
(2) Districts permitted. By right in the Regional Commercial, Employment
Center and Industrial Districts, and by right in the Community Retail, and
Mixed Use, Eastlake Service, and Eastlake TOD Districts up to 100,000
square feet per building; by SUP only in the Office/Institutional District,
and by SUP only in the Eastlake Business and Eastlake Office Districts up
to 100,000 square feet per building.
48. Section 18-288 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
49. Section 18-291 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
50. Section 18-292 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
51. Section 18-293 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Sec. 18-293. General merchandise or food store 3,500 square feet or less.
General merchandise or food store, 3,500 square feet or less, uses are subject to
the following:
(2) Districts permitted. By right in Neighborhood Service, Community Retail,
Regional Commercial, Business Park, Employment Center, Mixed Use,
Office/Institutional, and Industrial, Eastlake Business, Eastlake Service,
and Eastlake TOD Districts; by SUP only, in the City Center District.
52. Section 18-296 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
53. Section 18-301 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
54. Section 18-304 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Districts, and by right in the Community Retail, and Mixed Use, Eastlake
Business, Eastlake Service, Eastlake Office, and Eastlake TOD Districts
up to 100,000 square feet per building; by SUP only in the City Center
District.
55. Section 18-306 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
56. Section 18-307 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
57. Section 18-317 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
58. Section 18-320 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
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Sec. 18-320. Traveling show, carnival, circus, or special event.
Traveling shows, carnivals, circuses, or special events are subject to the
following:
(2) Districts permitted. By TUP only, in the Agricultural, Community Retail,
Regional Commercial, Business Park, City Center, Industrial, Employment
Center, Mixed Use, Office/Institutional, Eastlake Business, Eastlake
Service, Eastlake Office, Eastlake TOD, and Parks and Open Space
Districts.
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e. Upon completion of the temporary use, the site shall be cleaned, all
evidence of its use removed, and left in a condition that minimizes
adverse impacts to the site itself and to surrounding properties.
60. Section 18-330 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
61. Section 18-332 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
63. Section 18-341 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
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Sec. 18-341. Water treatment plant, reservoir and water storage tanks.
Water treatment plants, reservoirs and water storage tanks are subject to the
following:
(2) Districts permitted. By right in the Industrial District; by SUP only, in all
other districts, except the Manufactured Home, Eastlake Business,
Eastlake Service, Eastlake Office, and Eastlake TOD Districts.
64. Section 18-352 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
65. Section 18-356 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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e. Additional provisions.
11. In districts where maximum height is limited to 75 feet or
less, roof or building-mounted wind energy conversion
systems may project to a maximum height of 75 feet in total
(combined building height and wind energy conversion
system). In districts where the maximum height is greater
than 75 feet, roof or building-mounted wind energy
conversion systems may project above the structure to the
maximum allowed height specified in the district regulations.
(14) Golf safety net.
b. Districts permitted. By SUP only in all zoning districts including all
existing and future PD districts, except the Eastlake Residential,
Eastlake Business, Eastlake Service, Eastlake Office and Eastlake
TOD Districts.
(15) Solar collectors.
a. Definition. Any device used to collect solar energy and convert it to
any other form of energy, including, without limitation,
photovoltaics, flatplate concentrating devices, vacuum tubes and
greenhouses. A solar collector does not include standard skylights
or windows.
b. Districts permitted. By right in all districts including all existing and
future PD districts.
c. Required off-street parking. None.
d. Required off-street loading. None.
e. Additional provisions.
1. Ground-mounted or freestanding solar collectors may not be
located in the required front yard.
2. The area restrictions specified in 18-355(c) do not apply to
roof-mounted solar collectors.
3. The commercial sale of converted solar energy is prohibited.
No accessory solar collector shall be used as a commercial
enterprise.
4. Before any building permit may be issued for a solar
collector, where it is to be interconnected with the local
public utility company so that excess power produced by the
solar collector can be fed into the utility lines, evidence of
approval from the local utility company shall be submitted.
66. Section 18-360 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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Sec. 18-360. Public safety telecommunications facility.
(2) Districts permitted. By SUP only in all residential districts except for the
Manufactured Home District unless allowed by Sections 18-1103 and 18-
1104 and in the Eastlake Service, Eastlake Office and Eastlake TOD
Districts. By right in all nonresidential districts the Neighborhood Service,
Community Retail, Regional Commercial, Business Park, City Center,
Industrial, Employment Center, Mixed Use, Office/Industrial, and Eastlake
Business Districts.
67. Section 18-459 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
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(3)(2) The violation of any ordinance directly related to the operation of a
nonconforming use immediately terminates the right to operate the
nonconforming use.
(4)(3) A nonconforming use terminates when it is changed to a conforming use.
(5) A nonconforming use terminates when the structure housing the use is
destroyed by the intentional act of the owner or the owner's agent, except:
a. If a structure housing a nonconforming use is damaged or
destroyed other than by the intentional act of the owner or the
owner's agent, a person may restore or reconstruct the structure
without Board approval.
b. The structure can only be restored or reconstructed so as to have
the same approximate height and floor area that it had immediately
prior to the damage or destruction.
c. The property owner has the burden of proof to establish the height
and floor area of the structure immediately prior to the damage or
destruction.
d. A restoration or reconstruction in violation of this subsection
immediately terminates the right to operate the nonconforming use.
(4) In the event that a structure that is devoted in whole or in part to a
nonconforming use is damaged or destroyed, by any means, to the extent
of 50 percent or more of its structural replacement value prior to such act
of destruction, such structure shall not be restored unless such structure
and the use thereof complies with the regulations that apply within the
underlying zoning district. The determination of such reduced structural
valuation shall be made by the City. When such damage or destruction is
less than 50 percent, no repair or restoration shall be made unless a
building permit is obtained within 180 days and restoration is actually
begun within one year after the date of such partial destruction and is
diligently pursued to completion.
(6)(5) Any additional investment made in a structure after the date it becomes
nonconforming may not be considered in establishing an amortization
period.
(7)(6) Nonconformity as to parking or loading does not render a use subject to
termination under this subsection.
(b) Changing nonconforming uses.
(1) The Board may allow a change from one nonconforming use to another
nonconforming use when the change:
a. Does not prolong the life of the nonconforming use; and
b. Is to a use that would have been permitted in the zoning district
where the current nonconforming use was first permitted by right.
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(2) A person may renovate, remodel, or repair a structure housing a
nonconforming use without Board approval if the work does not increase
the degree of nonconformity. A person shall comply with all applicable
codes and ordinances when renovating, remodeling, or repairing a
structure housing a nonconforming use.
(3) A person shall not change a use that is nonconforming as to parking or
loading to another use requiring more off-street parking or loading unless
the additional required parking or loading is provided.
(4) A person shall not expand a nonconforming use beyond the lot on which
the use is located, except the Board may permit the person to provide off-
street parking or loading on another lot.
(c) Nonconforming structures. A person may renovate, remodel, repair, rebuild, or
enlarge a nonconforming structure without Board approval if the work does not
increase the degree of nonconformity.
68. Section 18-492 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
77
69. Section 18-731 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
70. Section 18-732 of the Code is hereby amended by the deletion of the words
stricken to read as follows:
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(8) Minimize the conflicts among the uses of land and buildings placed on the
land;
(9) Provide for the safe and efficient circulation of traffic throughout the City,
the avoidance of congestion in the streets and highways and along
pedestrian ways;
(10) Provide for the proper location and size of streets in relationship to the
adjacent development;
(11) Provide for reasonable standards for design in order to further the orderly
layout of land and ensure proper legal descriptions and monumenting of
subdivided land;
(12) Mitigate the pollution of air, streams and ponds, ensure the adequacy of
drainage facilities, safeguard the water table, and encourage the wise use
and management of the natural environment;
(13) Preserve and enhance the natural beauty and topography of the City and
ensure appropriate development with regard to such natural features; and
(14) Identify, preserve and provide for open spaces through the most efficient
design and layout of the land.
71. Section 18-733 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
79
(5) A dedicated property that has been abandoned or vacated is proposed for
development within a legal building site.
(6) There is the conversion of rental units into individual units for sale or
exchange as condominiums or other separate forms of property
ownership.
(c) Subdivision is not required when:
(1) Land is leased as a manufactured home pad site in a permitted
manufactured home park, where the owner or operator of the
manufactured home park maintains property records as to the size and
location of the pad sites.
(2) Land is sold as cemetery lots within a permitted cemetery, where the
cemetery maintains property records as to the size, location and
ownership of the lots.
(3) The creation of a leasehold for a space within a multi-occupant building
provided that the building is located on property that is part of an approved
subdivision and developed in accordance with site planapplicable
Conceptual Site Plan and Development Permit requirements of the City.
(4) The sale of agricultural property does not involve new development or any
purpose not directly related to agricultural use of the land or crops or
livestock raised thereon, and is at least 35 acres in size.
(5) Subsurface oil and gas mineral rights are sold or leased, or when a
Development Permit is obtained under Section 18-628.
(6) Land is divided through the foreclosure of a deed of trust or through a
court order.
(7) A Specific Use Permit or Development Permit is obtained for a wireless
telecommunications facility under Article XI of this chapter.
(8) A condominium plat is proposed for the site.
(d) No subdivision shall be created that does not create a legal building site or tracts.
(e) No building shall be erected on any property, nor shall a building permit be
issued for any building unless the property is part of a subdivision approved in
accordance with this article or prior subdivision regulations of the City, except
that development projects that qualify as a renovation project using the Minor
Development Permit process, Subsection 18-126(h)(1)c, shall not be required to
be subdivided.
(f) No person shall sell, exchange, or offer for recordation land required to be
subdivided under this article or offer for recordation any deed conveying a parcel
of land, unless a subdivision plat has been recorded in accordance with the
provisions of this article.
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(g) Land which is being divided for the sole purpose of granting easements and/or
dedicating land is not required to be subdivided and shall be processed as a Plat
of Easement. Such divisions do not establish new legal building sites.
(h) The applicant shall place permanent reference monuments on the property to
identify the boundaries of lots, blocks, tracts, streets, and designated open
spaces in accordance with C.R.S. § 38-51-101 et. seq.
74. Section 18-763 of the Code is hereby repealed and reenacted to read as follows:
75. Section 18-764 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
82
(1)(2) The Subdivision Plat is in substantial compliance with the approved
Conceptual Site Plan.
(2)(3) Director action.
a. The Director, considering the Code, the Conceptual Site Plan,
development standards or regulations and any other relevant
written documents or plans adopted by the Council, may approve,
approve with conditions, or deny the Subdivision Plat and make
explicit findings.
b. As part of the approval of the Subdivision Plat the Director may
permit or require that the Subdivision Plat be divided into two or
more development phases and may impose conditions upon each
phase as necessary to ensure the availability of public services and
orderly development of the Subdivision Plat.
(3) Effective period of plat approval.
a. The Subdivision Plat shall be effective for a period of three years
from the date of the Director's approval.
b. Prior to the end of the three years, the applicant shall have met all
requirements of the Subdivision Plat process and the plat shall
have been signed and recorded with the County Clerk and
Recorder of the county in which the plat is located.
c. The applicant may request in writing, prior to the expiration of the
Subdivision Plat or any portion of a Subdivision Plat, an extension
of the effective period. An extension application shall:
1. Show good cause for the extension;
2. Be limited to a maximum of 12 months; and
3. Be reviewed by the staff and approved by the Director.
(c)(d) Appeals of Subdivision Plat decisions of the Director.
(1) All Subdivision Plat applications shall be appealed under the requirements
of this subsection. The following parties may appeal an action of the
Director to the Council for review and final approval concerning
Subdivision Plat applications:
a. The applicant, in the case of a denial or approval with conditions;
b. The Council, when it feels that the application is one that requires
the review of the Council; or
c. Any affected party, which is defined as:
1. An individual who believes he or she has been is harmed or
negatively impacted by the actions of the Director's decision.
(2) An appeal by the applicant or by any affected party shall be made in
writing to the City Clerk within ten days following the action of the Director.
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(3) An appeal by the Council shall not be construed to establish a position by
any Councilmember on the appeal. An appeal by the Council shall require
a request by one or more Councilmembers at a regular or special Council
meeting within the period of appeal provided in Subsection (c)(2) of this
section to review the action of the Director.
(4) In hearing an appeal or reviewing the decision of the Director on its own
request, the Council shall conduct a new public hearing. The standard of
review shall be the performance standards or criteria contained in this
chapter or other written document or plan adopted by the Council.
(5) The Council may uphold, overturn or amend the Director's decision.
(6) Staff shall, in the case of Council approvals and conditional approvals,
make them a part of the approved Subdivision Plat.
(d)(e) Completion of Subdivision Plat Process.
(1) Following approval of the Subdivision Plat the applicant shall:
a. If there are any public improvements required as a condition of plat
approval, complete a developer's agreement with the City which will
include requirements for dedication and improvement assurance in
accordance with Section 18-7;
b. Complete any final engineering not completed during the
Subdivision Plat process;
c. Make modifications to the Subdivision Plat in accordance with any
changes specified by the Director or Council as a condition of
Subdivision Plat approval.
(2) Once the applicant has submitted the Subdivision Plat and all supporting
materials to the planner-in-charge, the planner-in-charge shall distribute
the materials to all applicable departments and divisions for review.
(3) Once the technical review of the Subdivision Plat is completed and if all
requirements are met, the plat is ready for signing and recordation in
accordance with requirements in Section 18-767.
76. Section 18-765 of the Code is hereby repealed and reenacted to read as follows:
84
78. Section 18-767 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
Sec. 18-767. Signing and recordation of the Subdivision Plat and Plat of
Easement.
(a) Signing of the Subdivision Plat or Plat of Easement. Procedures for signing of the
Subdivision Plat or Plat of Easement are as follows:
(1) Subdivision Plats and Plats of Easement may be signed only after the City
Director has determined that the Subdivision Plat or Plat of Easement and
supporting materials required by this chapter are:
a. In compliance, either directly or indirectly, or through assurances
made in an approved Developer’s Agreement between the City and
the applicant, as applicable;
a.b. In substantial conformance with all conditions established by the
Director in approving the Subdivision Plat; and
b. In substantial conformance with the Subdivision Plat approved by
the Director; and
c. In conformance with the cConceptual sSite pPlan, all other
requirements of this chapter and other applicable City
requirements.
(2) Prior to submitting the Subdivision Plat to the City, Tthe applicant and the
registered land surveyor shall sign the Subdivision Plat, have the
signatures notarized, and the applicant’s signature shall be notarized. and
submit aAn ownership and current title policy naming the City as an
insured party shall be submitted along with the signed plat to the City. In
lieu of the policy document, oran attorney's certificate shall be provided on
the plat. along with the signed plat to the City.
(3) Each applicable City official shall sign the Subdivision Plat or Plat of
Easement should it meet the conditions and requirements of this
subsection and other City rules and regulations.
(b) Recordation of the Subdivision Plat and Plat of Easement.
(1) Once the Subdivision Plat or Plat of Easement is signed, the City shall:
(1)a. File the fully approved Subdivision Plat or Plat of Easement with the
County Clerk and Recorder of the county in which the property is
located;
(2)b. Simultaneously record theany applicable dDeveloper's aAgreement
together with any other legal documents required to be recorded by
the City with the Subdivision Plat; and
(3)c. Mail a letter to the applicant verifying that the submissions have
been made to the County Clerk and Recorder for recordation in the
county in which the property is located.
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(2) If the Subdivision Plat or Plat of Easement is not recorded within 120 days
after the document is signed, the Subdivision Plat or Plat of Easement
approval shall lapse and be of no further effect.
(c) Execution of the approved Subdivision Plat in accordance with this section shall
constitute the City's acceptance of any public dedication.
79. Section 18-805 of the Code is hereby repealed and reenacted to read as follows:
86
i. Streets with a centerline alignment that is offset 125 feet or less
from the centerline of an existing street and has the same
directional course shall continue the existing street name.
j. Street names shall change from a named street to a numbered
street when the street is at an angled deflection of 60 degrees or
more unless the street is a loop street or a street that meanders
through and serves a single development.
k. Curvilinear streets that cross and run parallel to other streets and
result in either alphabetical or numerical streets becoming out of
order shall be prohibited.
l. Bulbs or eyebrows with six or fewer lots shall be considered part of
the street that they abut and shall not be separately named.
(2) Suffix designation for streets shall be in accordance with the following
guidelines unless otherwise approved by the City:
a. Streets that have a definitive north-south directional course shall
use the suffix “Street.”
b. Streets that have a definitive east-west directional course shall use
the suffix “Avenue.”
c. A dead-end street or cul-de-sac less than 1,000 feet in length shall
use the suffix “Court”. This suffix shall not be used when the street
is an extension of an existing street or a continuation of a proposed
street, or when the street is designated to continue in an additional
phase of development.
d. A street that has its beginning and end on the same street shall use
the suffix “Loop.”
e. A street with its beginning and end at the same point shall use the
suffix “Circle.”
f. Long, continuous streets with tree and turf embellishment,
particularly within residential developments, may use the suffix
“Boulevard.”
g. Long, continuous streets with arterial or regional thoroughfare
characteristics may use the suffix “Parkway.”
h. East-west streets located between numbered streets with the
“Avenue” suffix should take the name of the preceding Avenue to
the south, with the suffix "Place."
i. East-west streets connecting with an east-west “Avenue” street
should take the name of the connecting Avenue with the suffix
"Drive."
j. North-south streets connecting with a north-south “Street” may take
the name of the connecting street with the suffix "Way."
87
k. Streets that do not have a definitive directional course shall use the
suffix “Lane,” “Terrace,” or “Road.”
(3) Changes to the approved street name may be considered by the
Department when:
a. The name change is necessary to correct a public health, safety, or
welfare concern; or
b. The name change is in the best interests of the City as determined
by the City Council.
(c) Street numbering on public and private streets.
(1) Address numbers shall be in accordance with the following standards
unless otherwise approved by the City:
a. Address numbers shall be assigned based on the location’s
geographic correlation within the Thornton Street Grid.
b. Structures shall be assigned an address number correlating to the
point where a line drawn perpendicular to the facing street
intersects with the primary entrance to the structure. Corner lots
shall be assigned based on the street the structure faces.
c. Even numbers shall be used to number structures or lots located on
the east and south sides of all streets.
d. Odd numbers shall be used to number structures or lots located on
the west and north side of all streets.
e. Address numbers on north-south streets will be determined in
relation to the Thornton Street Grid and shall increase sequentially
from the south to the north.
f. Address numbers on east-west streets will be determined in
relation to the Thornton Street Grid, increasing sequentially from
the zero axis to the east and from the zero axis to the west.
g. Address numbers for meandering or diagonally-oriented streets
shall be assigned according to the most favored axis of the
Thornton Street Grid.
h. Address numbers for “Circle” and “Loop” streets shall be assigned
based on the street’s most favored Thornton Street Grid base axis.
Numbering shall begin at the lowest numerical point on the favored
axis and shall continue as if the street were straight.
i. No address shall contain a “½” number or letter designation.
j. Hundred block designations shall start at street and avenue
intersections, except for long blocks:
1. A maximum of a 200-number limit shall be permitted on
north-south streets; and
88
2. A maximum of a 400-number limit shall be permitted on an
east-west street.
k. Properties accessed via a common driveway or access easement
shall be assigned an address based on the point where the
driveway or easement intersects a public or private street.
l. Streets with the same name but a different suffix shall not use the
same last digit in the numbering sequence. For example, if a street
with the suffix of “Avenue” uses ones and twos as the last digit for
the odd and even sides of the street, then a street with the same
name, but a different suffix, should use threes and fours as the last
digit for the odd and even sides of the street.
(2) Address numbering for specific occupancies shall be in accordance with
the following standards unless otherwise approved by the City.
a. Each occupancy in a nonresidential development shall have a
separate address. In the case of a multi-tenanted building with
individual occupancy access from an internal corridor, a single
building address shall be assigned, with the addition of a three-digit
suite number for each occupancy. The first digit of the suite
number shall represent the floor level of the entrance to the suite.
Multi-tenanted buildings with external access to individual
occupancies shall have an individual address assigned for each
occupancy. Individual addresses shall be assigned according to
the closest fronting street.
b. Single-family detached homes, duplexes, patio homes and
townhomes shall be assigned a separate address for each
individual unit.
c. A single multi-tenanted residential structure, including but not
limited to multifamily/apartment and condominium uses, shall be
assigned one address for the structure with the addition of a three-
digit number for each unit. The first digit of the unit number shall
represent the floor level of the entrance to the unit.
d. A multi-tenanted residential complex with two or more buildings,
including but not limited to multifamily/apartment and condominium
uses, with a single access point to an adjoining public or private
street, shall have an address assigned for the entire complex with:
1. A building number designated for and displayed on each
structure, beginning with the number ‘1’ and continuing
sequentially; and
2. Each individual unit assigned the building number
designation as well as a three-digit unit number, where the
first digit of the unit number represents the floor level of the
entrance to the unit.
89
e. A multi-tenanted residential complex with two or more buildings that
abuts two or more streets with an access point from each street,
including but not limited to multifamily/apartment and condominium
uses, shall have:
1. An address assigned for each structure, with each individual
unit assigned a three-digit number. The first digit of the unit
number shall represent the floor level of the entrance to the
unit; and
2. Buildings shall be addressed from the nearest adjoining
street which connects with the entrance drive.
f. Buildings with a mix of residential and nonresidential uses shall be
assigned address numbers as determined appropriate by the
Department.
g. Only one street address shall be assigned to a manufactured home
development. The owner of the development shall assign a unit
number to each individual pad site. Numbers shall be assigned in a
logical and sequential order.
(d) Display of addresses.
(1) General requirements
a. Approved address numbers shall be installed on all new and
existing buildings.
b. All address numbers shall conform with the requirements of the
International Fire Code as adopted and amended by the City.
c. Address numbers shall be plainly visible and legible from the street
fronting the property and shall contrast with the background color
on which they are displayed.
d. Address numbers shall be Arabic numerals. Numbers displayed as
words, such as “twenty-five” shall not be permitted.
e. Address numbers shall be at least four inches in height with a
stroke width of at least one-half inch. Larger address numbers are
encouraged to allow easier viewing by emergency responders.
f. All nonresidential structures with a rear entrance visible from a
public or private drive shall display the street addresses on or near
each rear building entrance.
g. If a structure is more than 75 feet from the street or is otherwise not
clearly visible from the street, its address shall also be posted at the
intersection of its access drive with the fronting street. Such
additional address posting shall be:
1. Clearly visible from the street; and
90
2. In compliance with the visual obstruction regulations in
Section 18-456(c); and
3. Displayed at least four feet above the ground and no more
than six feet above the ground; and
4. In compliance with the sign regulations in Article X of this
Code.
h. For multi-tenanted structures, each unit shall display the building
number and unit number adjacent to or on the main entry door. For
example, “Building 1, Apartment 202 shall display “1 – 202” on or
adjacent to the main entry door to the apartment.
(2) Multi-tenanted structures over one story, including but not limited to
multifamily/apartments, condominiums and nonresidential uses, shall
display the address or building number, as applicable, on all sides of the
building. These number(s) shall be at least ten inches in height with a
stroke width of at least three-fourths inch.
(e) Street Name Signs.
(1) The developer shall be required to install street name signs that comply
with applicable State regulations or the standards contained in the Manual
on Uniform Traffic Control Devices for Streets and Highways published by
the U.S. Department of Transportation as adopted by the State of
Colorado. The design of street signs shall be consistent and of a uniform
size and color, and shall be in compliance with the City’s Standards and
Specifications.
(2) The permanent street name signs within a subdivision shall be installed
before a certificate of occupancy is issued for any buildings within the
subdivision.
(3) Street signs in phased subdivisions shall be installed such that sufficient
signage is in place to ensure that the building sites can be readily located
by emergency services.
(4) At least two street name signs shall be installed at each four-way
intersection. One street name sign shall be installed at each "T"
intersection within the subdivision and at intersections leading to the
subdivision from existing streets.
(5) Street name signs for regional thoroughfares and arterial and collector
streets shall have the hundred block number identified on the sign.
(f) Street Regulatory Devices and Streetlights.
(1) The developer shall be required to install and/or modify existing street
regulatory devices of the type and at the locations required by the City as
necessary to facilitate the safe and efficient movement of traffic generated
by the development.
91
(2) Within a subdivision, street regulatory devices shall be installed prior to
the opening of the street to traffic. Where street regulatory devices are
required on existing streets, they shall be in place or upgraded prior to the
issuance of a certificate of occupancy for the development.
(3) The developer shall install all required streetlights in accordance with this
chapter and applicable City requirements and as set forth in the
Developer's Agreement.
System for Naming Streets
Note: This diagram is for illustrative purposes only. Refer to the text of this
section for applicable requirements and regulations.
80. Section 18-1026 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
92
1 pole sign may be erected on any zone
lot that has equal to or greater than 90
lineal feet of street frontage, except those
Maximum Number of Signs zone lots which have more than 400 lineal
feet of street frontage may have 1
additional freestanding sign per 400-foot
increment
30 feet or the height of the building,
Maximum Height
whichever is less
1 foot for every foot in height of the sign, or
Minimum Setback 25 feet, whichever is less. No freestanding
sign shall have less than a 5-foot setback.
Illumination Concealed illumination or neon.
93
b. In the ETD zoning district, if a zone lot exceeds 300 lineal feet of
street frontage, one of the zone lot’s additional freestanding signs
may have a maximum sign area of 100 square feet;
b.c. If two freestanding signs are constructed on one zone lot they shall
be compatible and similar in construction, design, and material, and
they shall be separated by at least 250 feet; and
c.d. No more than 50 percent of the total sign area of a freestanding
sign shall be manual changeable copy.
81. Section 18-1101 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
Regional Commercial
Eastlake Business
expressed in
Office/Institutional
Community Retail
Eastlake Service
vertical feet
Eastlake Office
Business Park
Eastlake TOD
measured from
City Center
grade as defined
Mixed Use
Industrial
in Section 18-3 of
this Chapter.
“NP” means not
permitted.
Maximum
Height Chart
for Ground- Commercial districts
Mounted
Facilities
Commercial
N
1 radio or TV 50 80 80 50 80 80 50 50 35 25 35 50
P
facility
Commercial
N
2 satellite 50 50 50 50 50 50 50 50 35 25 35 50
P
dish
94
Mobile
N
3 telephone 50 80 80 50 80 80 50 50 35 25 35 50
P
facility
Public
4 safety 35 50 80 80 50 80 80 50 50 35 25 35 50
facility
expressed in
Regional Commercial
Employment Center
vertical feet
Eastlake Business
Office/Institutional
Community Retail
Eastlake Service
Eastlake Office
highest point of
Business Park
Eastlake TOD
that part of the
City Center
Mixed Use
building to which
Industrial
the facility is
mounted.
“NP” means not
permitted.
Maximum
Height Chart
for Building- Commercial districts
Mounted
Facilities
Commercial
N N N N N N N N N N N N N
1 radio or TV
P P P P P P P P P P P P P
facility
Commercial N
2 30 30 30 30 40 30 30 30 15 15 15 30
satellite dish P
Mobile
N N N N N N N N N N N N N
3 telephone
P P P P P P P P P P P P P
facility
Public safety
4 25 35 45 45 45 50 45 45 45 25 25 25 25
facility
82. Section 18-1102 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
95
(1) The maximum allowable height for either building-mounted or ground-
mounted facilities shall conform to the following Maximum Height Chart.
The maximum height for ground-mounted facilities shall include all
antennae and appurtenances.
Legend:
Single-Family Detached
Single-Family Attached
Eastlake Residential
Manufactured Home
All heights for building-mounted facilities
Residential Estate
indicate the maximum number of feet above
the highest point of the existing building or
structure on which the facility is mounted.
Agricultural
All heights for ground-mounted facilities are
Multifamily
expressed in vertical feet measured from
grade as defined in Section 18-3 of this
Chapter.
"NP" means not permitted.
Maximum Height Chart for
Telecommunication Facilities in Residential Districts
Residential Districts
1 Building-mounted facilities 25 25 15 15 25 NP 15
32 Ground-mounted facilities 65 50 50 50 60 NP 50
83. Section 18-1126 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
84. If any portion of this ordinance is held to be unconstitutional or invalid for any
reason, such decision shall not affect the constitutionality or validity of the remaining
portions of this ordinance. City Council hereby declares that it would have passed this
ordinance and each part hereof irrespective of the fact that any one part be declared
unconstitutional or invalid.
96
85. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portions hereof are hereby repealed to the extent of such
inconsistency or conflict.
86. The repeal or amendment of any provision of the Code by this ordinance shall
not release, extinguish, alter, modify, or change in whole or in part any penalty,
forfeiture, or liability, either civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title
ordered published by the City Council of the City of Thornton, Colorado, on
April 27, 2010.
ATTEST:
PUBLICATION:
Posted in six (6) public places after first and second readings.
Published in the Northglenn-Thornton Sentinel after first reading on May 6, 2010, and
after second and final reading on , 2010.
97
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Agenda Location: Agenda Item:
1'1 Reading 1.-
May 11, 2010 2'd Reading - ~ Consent Calendar 8D
KEY CONSIDERATIONS:
• City Council desires to support and demonstrate diversity and equality in the City of Thornton by
providing certain fringe benefits to same-sex and opposite-sex domestic partners of employees.
• Recognizing the domestic partners of employees will provide health, dental, vision and life
insurance coverage to those who apply and qualify for enrollment. Further, employees with
domestic partners will be eligible for other City-provided benefits such as Sick Leave, Bereavement
Leave, Leave Donation, Family and Medical Leave.
• Human Resources will notify employees of these policy changes, which become effective on July 1,
2010, and allow qualifying enrollment prior to this date.
• The City Manager will update applicable Administrative Directives to implement these changes.
• The definitions of Immediate Family Member and Relative have been amended to include domestic
partners and to achieve greater consistency throughout the City's policies.
BUDGET/STAFF IMPLICATIONS:
• There will be no increase to the premium rates for health, dental, vision and life and disability
insurance; however, based on experience from other survey employers there will be minimal budget
impact based on the additional expected enrollment and associated payroll taxes.
RECOMMENDATION:
• Staff recommends approval of this Code amendment which staff believes addresses City Council's
direction.
• In December 2007, City Council approved an amendment to Section 54-271 of the Thornton City
Code regarding Equal Employment Opportunity prohibiting discrimination based on sexual
orientation.
• City Council discussed offering benefits to domestic partners during the first quarter of 2010 and
directed staff to bring this ordinance amendment forward for Council's consideration.
INTRODUCED BY: _
WHEREAS, City Council desires to assist the City to recruit and retain good
employees in a competitive labor market; and
WHEREAS, City Council desires to provide benefits to same sex and opposite
sex domestic partners; and
1. Section 2-187 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
2. Section 54-2 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
Sec. 54-2. Definitions.
Domestic Partner means a legal or personal relationship between two individuals
who live together and share a common domestic life but are neither joined by marriage
nor a civil union.
Immediate family member means an employee's husband, wife, domestic
partner. daughter, son, father, mother, brother, sister, father-in-law, mother-in-law,
brother-in-law, sister-in-law, grandparent, grandparent-in-law, step~parent, step~child,
son-in-law, daughter-in-law.-aA4 grandchild and all relationships listed above as they
relate to domestic partners.
3. Section 54-8 of the Code is hereby amended by the addition of the words
double-underlined to read as follows:
4. Section 54-10 of the Code is hereby amended by the deletion of the words
stricken and the addition of the words double-underlined to read as follows:
2
employee's duties of an employment opportunity or otherwise adversely affecting
that person's status as an employee because of race, color, religion, sex,
national origin, ancestry, alienage, handicap, marital status, political affiliation,
sexual orientation or age except where such disparate treatment is required by a
bona fide occupational qualification permitted by law.
(b) Exceptions. For the purposes of this section, the following actions shall not be
considered to be grievances.
8. Sections 54-271(a) and (f) of the Code are hereby amended by the
deletion of the words stricken and the addition of the words double-underlined to read
as follows:
3
laws and regulations prohibiting discrimination against any person in recruitment,
examination, hiring, classification, training, promotion, retention, assignment of
duties, granting of rights and benefits, or any other personnel action because of
race, color, religion, sex, creed, age, national origin, disability, sexual orientation
or veteran status, except for bona fide occupational reasons. The City further
reaffirms its intent to provide reasonable accommodations for disabled
employees or employee applicants as required by law in an effort to enhance
accessibility to the work place. It shall be the duty of every official, supervisor and
employee of the City to foster to the best of such person's ability equal treatment
in hiring, training, promotion, disciplinary action, separation, transfer, duties
assignment, performance evaluation and all other relationships between and
among employees, supervisors and officials.
e) Employees. All City employees shall interact fairly and objectively with fellow
employees without discrimination in their personal conduct and daily
performance of their duties, regardless of race, sex, religion, creed, color,
national origin, veteran status, ancestry, alienage, disability, marital status,
political affiliation, sexual orientation or age, except where such disparate
treatment is required by a bona fide occupational qualification permitted by law.
(f) Equal employment opportunity plan. The purpose of the equal employment
opportunity plan and any applicable affirmative action plan shall be to:
(1) Foster full equality of treatment of all persons in every aspect of policy in
conformance with applicable State and federal legislation, without regard
to race, color, creed, religion, sex, national origin, ancestry, alienage,
disability, marital status, political affiliation, sexual orientation or age,
except where such disparate treatment is required by a bona fide
occupational qualification permitted by law.
(g) Sexual orientation. The City affirms its commitment to nondiscrimination in
employment by not discriminating against any person in recruitment,
examination, hiring, classification, training, promotion, retention, assignment of
duties, or any other personnel action because of sOJ{Ual orientation. Nothing
herein shall include the granting of rights or benefits to a domestic partner of an
employee.
4
10. Section 54-311 of the Code is hereby amended by the addition of the
words double-underlined to read as follows:
Sec. 54-311. Sick leave.
Sick leave shall be granted regular employees to ensure economic protection
against illness or injury. Regular employees shall receive paid sick leave when
incapacitated for work as a result of a mental or physical illness or conditions not
arising from employment with the City, and for medical or dental appointments for
the employee or immediate family member when it is not possible to schedule
such appointments during nonworking hours or when an immediate family
member is ill and it is absolutely necessary for the employee to remain away
from work as a result of such illness. Further, the appointing authority may
approve the use of up to 80 hours of paid sick leave in other circumstances as
provided in an administrative directive.
11. Section 54-315 of the Code is hereby amended by the deletion of the
words stricken and the addition of the words double-underlined to read as follows:
12. Section 54-326(a) of the Code, definition of health and accident insurance,
is hereby amended by the deletion of the words stricken and the addition of the words
double-underlined to read as follows:
Health and Welfare PlansaccickJnt insurance means aooident and health, dental,
vision, life, and other insurance plans, as they may from time to time be amended,
provided by the City to eligible employees and their dependents and domestic partners
and children of domestic partners as set forth in the City's approved budget.
5
INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title
ordered published by the City Council of the City of Thornton, Colorado, on
_ _ _ _ _ _ _ _,2010.
ATTEST:
PUBLICATION:
Posted in six (6) public places after first and second readings.
6
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Work Plan # Agenda Location: Agenda Item:
st
~
1 Reading --
May 11,2010 nd Consent Calendar BE
2 Reading --
l,/
Ethred~
<'
Prepared by: Nancy VincentI"" v . Approved by: Jack Ordinance previously introduced
I <
KEY CONSIDERATIONS:
• The Bylaws of the Parks and Open Space Advisory Commission (POSAC) have been amended
to change the date for election of officers from January to April to coincide with the board
members' terms of office.
BUDGET/STAFF IMPLICATIONS:
• None.
RECOMMENDATION:
• Staff recommends approval of the Resolution to approve this amendment to the POSAC
Bylaws. At its April 27, 2010 meeting, the Commission unanimously reCOrTlrTlended approval of
the proposed change.
HISTORY:
• Council approved the Bylaws for the Parks and Open Space Advisory Commission on June 14,
1999.
• In January 2010, direction was given by City Council to amend the Bylaws or Rules of
Procedure for all City boards to change the date for election of officers to coincide with the
board members' terms of office.
RESOLUTION
WHEREAS, City Council adopted the Parks and Open Space Advisory
Commission Bylaws on June 14, 1999; and
WHEREAS, pursuant to Section 2-81 (a) of the City Code, City Council may
create and amend bylaws for boards, commissions and authorities; and
That the amendment to the Bylaws of the Parks and Open Space Advisory
Commission, attached as Exhibit A, is hereby approved.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on , 2010.
ATTEST:
CITY OF TI10RNTON
BYLAWS
Adopted by the
Thornton Parks and Open Space Advisory Commission
April 27, 1999
Amended
April 27,2010
TABLE OF CONTENTS
Page
Definitions
Section 1. Meetings 2
1.1 Schedule of COilllnission Regular Meetings
1.2 Special Meetings~ Organizational Meetings,
Work Sessions or other Public Meetings
1.3 Continued Meetings
1.4 Executive Sessions
1.5 Quoruln
Section 6. Resolutions 11
6.1 Introduction
6.2 Review
Section 7. Miscellaneous 12
7.1 Pennission required to address Conunission
7.2 DecorUln during Meeting
7.3 Suspension of Bylaws
7.4 Amendlnent of Bylaws
CITY OF THORNTON
PARI(S AND OPEN SPACE ADVISORY COMMISSON BYLAWS
DEFINITIONS
COlmnission Melnbers: Resident of Thornton appointed by the Council who holds no other
position with the City and is a qualified elector in the City.
Meeting: Any meeting of the COlnlnission that meets the requirements of the Charter and
the applicable sections of the ThOlnton City Code.
Officcrs: Chair and Vice-Chair of the Con11nission elected by the COlnmission Inembers.
Presiding Officer: An individual elected by the COlrunission to telnporarily preside over the
Ineeting until the Chair or Vice-Chair is available to preside over the meeting.
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
Section 1. Meetings
The Commission shall lueet in regular session at 6:30 p.m. on the fourth Tuesday of
January, April, July, and October. When a scheduled n1eeting falls on a holiday which is officially
recognized by the City or there is a conflict with a City Councillueeting, the regular lueeting shall
be held on the Tuesday of the following week at the same hour unless otherwise provided for by
motion. The COlnmission may by lnotion dispense with any regular n1eeting. The place of Ineeting
shall be the City Council ChaIubers in the Civic Center building unless otherwise designated. All
lueetings of the Parks and Open Space Advisory Comlnission shall be Open Meetings as provided
in the City Code.
1.2 Special Meetings, Organizational Meetings, Work Sessions or other Public Meetings
Special Meetings, Organizational Meetings, Work Sessions or other Public Meetings shall
be called in accordance with (1) the applicable sections of the City Code, and (2) that section of the
Colorado Revised Statutes entitled "Open Meetings Law", which states in part that all meetings
shall be declared open to the public at all tin1es, and shall only be held after full and tilTIely notice to
the public. Further, ll1inutes shall be recorded, and executive sessions 111ay be held under certain
circUlTIstances.
Any Ineeting of the Commission may be continued or continued frOln day to day or for
more than one day, but no continuance shall be for a longer period than until the next regular
meeting thereafter.
The Commission may meet in Executive Session in accordance with the City Code.
1.5 Quorum
A majority of the members ofthc Con1luission in office at the thue shall constitute a quorum
for the transaction of business at all Commission meetings. In the absence of a quorUlTI, a lesser
nmubcr may continue any meeting to a later thne or date; and, in the absence of all1uelnbers, the
Recording Secretary may continue any Ineeting for not longer than one week.
2
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
A. The Chair shall be the presiding officer of the COlnmission. In the absence of the
Chair, or any titne at the Chair's option, the Vice-Chair shall be the presiding officer of the
Commission. The Chair and Vice-Chair shall be voting members of the COlntuission and
accorded the same rights and privileges accorded other lllelubers.
B. The Chair shall have the responsibility to ensure that alltneetings are conducted in
an open and fair manner and that no individual member's opinion is allowed to dOluinate a
meeting. The Chair shall clearly docmuent any problems or issues and work with metubers
who deviate from acceptable procedural standards. If a tuember has not taken steps to
comply with such standards, on the second incident which is noted by the Chair, the Chair
will notify the City Manager's Designee to advise the City Manager and the Council of the
matter. Ifthe Chair is not following the standards, the City Manager's Designee shall notify
the City Manager who will forward the issue to City Council. The Chair shall attend the
Mayor and Chair nleeting and report the results to the Commission. The Chair shall assist
the City Manager' s Designee in training of new lTIcmbcrs. The Chair shall act as liaison
with the City Council and COilllllunicate City Council goals and policies to the Comtnission.
The Chair and Vice-Chair of the COlTIlnission shall be elected at the regular tTIeeting in
each year or at the next regular Ineeting following the pennanent vacation of any
officer's seat on the COlumission. The tnenlbers shall rotate the position of Chair and Vice-Chair
whenever possible. This shall be the first order of business at that nleeting. Any metnber may
nominate any tnember, including thelllseives, and no second shall be required. Any nOll1inee tuay
decline the nOluinatioll. After nOluinations each officer shall be elected by secret ballot; and, at the
close of each ballot, the City Manager's designee, with the assistance of another City staff person,
shall count and announce the vote. Until one person has received the vote of a majOlity of all
melubers of the COlun1ission, successive ballots will be taken. After election of the Chair, the Chair
will preside, but the City Manager's designee will continue to count and announce the votes. In the
event that no members accept nonlination of Chair or Vice-Chair, the City Manager's designee shall
inform the City Council imluediately.
111 the case of the absence of the Chair and Vice-Chair, the Recording Secretary shall call the
Comtnission to order and call the roll of the n1embers. The Commission shall proceed to elect, by a
tnajority vote of those present, a temporary presiding officer of the meeting to act until the Chair or
Vice-Chair is available.
3
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
A City en1ployee appointed by the City Manager shall serve as Recording Secretary of the
COll11uission and shall keep minutes of the meetings and perform such other and further duties in the
meeting as 111ay be ordered by the Chair, COlumission or City Manager or the City Manager's
desib>nee. All public n1eetings of the Con11uission shall be tape-recorded. 111e Recording Secretary
will prepare SUlun1ary luinutes of each Regular Meeting. The Chair shall sign the surnn1ary luinutes
after their approval and correction, and the Recording Secretary shall attest to the Chair's signature.
The Recording Secretary shall furnish each luen1ber of the Con11uission and each lueluber of the
City Council with a copy of the sumn1ary luinutes. Publication of all official notices for the
COlumission shall be the responsibility of the Recording Secretary or other City eluployee
appointed by the City Manager.
The City Manager's designee or an appointed senior staff luember shall attend all 111eetings
of the Commission. The City Manager's designee and Senior Staff may make recon1mendations to
the Con11uission and n1ay take part in discussions on a111natters COIning before the Comluission but
shall have no vote in the mcetings of the COlTIlnission.
The City Attoll1ey or designee shall attend all public hearing lueetings of the Con11nission.
Any member of the Commission luay at any time call upon the City Attorney or desibJllee for an
oral or written opinion to decide any question of law. The City Attorney or designce shall be the
parliamentarian.
4
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
The presiding officer shall decide all questions of order, subject to appeal to the
COilllllission. If a member transgresses the rules of the Comlllission, the presiding officer shall call
the lllelllber to order, in which case the member shall relinquish the floor unless penl1itted to
explain.
Any member may appeal a ruling of the presiding officer to the Commission. If the appeal
is seconded, the IllClllbcr making the appeal may briefly state the reason for the SaIlle, and the
presiding officer nlay briefly explain the reason for the ruling; but there shall be no debate on the
appeal, and no other lllenlber shall participate in the discussion. The presiding officer shall then put
the question, "Shall the decision of the presiding officer be sustained?" If a lllajority of the
lnembers present vote "Yes," the ruling of the presiding officer is sustained; otherwise it is
overruled.
A Illotion presented by any mClllber will require a second. The presiding officer will have
the SaIne rights and privileges of Inaking motions as any other Inember.
No Inenlber lnay participate in the debate or vote upon any question when in violation of the
Code of Ethics, of the City Code. A request to be excused frOlU participation in or voting upon a
question for any other reason must be Inade before the vote is taken.
The vote by "Yes" and "No" shall be taken upon all motions and entered upon the Ininutes
of the Comlnission proceedings. Any meinber lllay explain their vote after the Illation is made.
Such explanation shall be recorded in the luinutes upon request. A Illation shall pass if it receives
the affinnative votes of a majority of COlnlnission Inembers present and voting. Any motion for
approval or recOlnmendation of approval failing to receive a lnajority vote shall result in denial or
recoilllnendation of denial as the ease lnay be.
5
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
Any member shall have the right to express dissent frOIU or protest against any action of the
COffilnission and have the reason therefor entered upon the nlinutes of the COlUIuission proceedings.
Such dissent or protest nlust be filed in writing or Iuade orally on the record, couched in respectful
language and presented to the C01mnission not later than the next regular meeting following the
date of the action protested.
A written report signed by the Conl1uission Chair shall be sent to the City Council
concerning any luenlber of the Conl1uission who has three consecutive unexcused absences from
COlUIuission lueetings for Council detennination as to whether this shall result in reluoval of that
member from the Commission. Such report shall be sent to the Council within three days following
such luenlber's third unexcused absence.
No lueluber shall be excused fr01u attendance at a Comluission meeting unless the luember
has infonued the Chair, the City Manager's designee or the Recording Secretary prior to the
lueeting.
No nleluber luay be excused while in lueeting without penllission fronl the presiding
offIcer.
6
CITY OF TIIORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
On the Friday preceding any COlTIlllission l11eeting, the City Manager's desif,'11ee will have
an agenda showing the order of business, copies of communications, staff reports with supporting
docUlnents, and other items relating to the business for each Commission n1elnber subn1itted to the
Commission Members. If the City Manager's designee finds that the n1aterials will not be available
by the Friday preceding the Inecting, the Recording Secretary shall notify the COlnmission n1en1bers
that distribution of n1aterials will be late.
The business of all Regular l11cetings of the COlnn1ission shall be transacted in the following
order unless the Commission votes to change the order. Within each nUlnerical heading, the
COlmnission's agenda shall be arranged by the staff in a manner judged to be most appropriate for
the agenda items to be heard. The itelTIS will be numbered consecutively with the exception that
related itClTIS will have the sanle nUlncrical designation but different alphabetic designation.
1. Call to order
2. Roll call of 111elnbers
3. Approval of Agenda
4. Approval of sUlmnary of Ininutes of preceding meeting
5. Audience Participation
6. Public Hearings
7. Unfinished Business
8. New Business
9. Follow-up Reports
10. Administrative Matters
11. Staff Communications
12. Adjoununent
The presiding officer shall call the lllClllbers to order at the hour appointed for the
COlnn1ission to meet.
7
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
At the sole discretion of the presiding officer, any person Inay be pennitted to speak at a
hearing which is not a public hearing.
The purpose of the Public Hearings is to hear testimony and receive evidence in order to
assist the COlllil1ission in making recOlnmendations to City Council.
A. Presentation of Evidence. The presiding officer shall declare the public hearing
opcned and shall receive testimonial and delnonstrativc evidence into the record. All those
desiring to be heard on a particular issue at a regular public hearing before the COlnmission
shall inform the presiding officer in writing itnlnediately prior to the hearing of their
intention unless this requirelnent is waived by the presiding officer. The presiding officer
may lilnit the time any individual may speak if necessary to give all persons who have
requested to speak an equal opportunity to do so. No person n1ay speak more than once
except with the penl1ission of the presiding officer and in no event until all persons
requesting an opportunity to speak have done so. After all of the evidence has been taken,
the presiding officer will declare the public hearing closed and the question will be placed
before the Commission for consideration.
B. Reopening of a Public Hearing. Whenever a public hearing has been opened and
continued to another date or where it has been closed and the C0111lnission wishes to take
additional evidence prior to a vote or a reconsideration of a vote the presiding officer Inay
5
reopen the public hearing for purposes of taking such additional evidence. The presiding
officer n1ay litnit the scope of such evidence to be taken. Whenever a public hearing is
reopened and additional evidence is taken, all such additional evidence shall be incorporated
into the original public hearing.
At 8:30 p.ln., if the regular Ineeting of the COllli11ission has not previously been adjourned,
further proceedings shall be conducted as follows: all public hearings not previously considered
shall be opened and continued to another date. Further proceedings shall not extend beyond 30
Ininutes after 8:30 p.m. and shall be limited to the business then under consideration and no other.
All other Inatters relnaining on the agenda shall be continued to another date unless the COll1ll1ission
votes by a 111ajority to extend the lneeting beyond 8:30 p.lU.
8
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
In the absence of a bylaw to govenl a point of procedure, reference shall be had to Robert's
Rules of Order Newly Revised, as anlended from til11e to tilTIe.
5.8 Recess
A recess t11ay be called at any time either by the presiding officer or upon motion by a
Inenlber and with the consent of the 111ajority. The COlnmission shall not adjourn while in recess
but 111ust reconvene prior to adjoUTIltnent.
9
CITY OF TIIORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
Section 6. Resolutions
6.1 Introduction
6.2 Review
All proposed resolutions shall have a staff report with a brief digest of the provisions
thereof.
10
CITY OF THORNTON
PARKS AND OPEN SPACE ADVISORY COMMISSON BYLAWS
Section 7. Miscellaneous
Except during a public hearing, persons other than Inelnbers of the C0111lnissiol1 and City
officials shall not be pennitted to address the Conu11ission except upon recognition by the presiding
officer. Any COlnlnission lnen1ber may request the presiding officer to recognize any person other
than a City official. If pennission is not granted, the decision of the presiding officer lnay be
appealed in the manner prescribed in the Bylaws.
The presiding officer shall preserve decorUln during a Ineeting. The presiding officer shall
have the right to eject, after reasonable warning, any person disnlpting a meeting. No signs or
placards will be displayed by an applicant, or audience in the audience section during a public
hearing. Loud sounds such as cheering, applause, or booing shall be limited by the Chair. Video or
audio recording of a hearing by persons other than City employees is at the discretion of the Chair
and in no event shall any recording interfere with or in1pede a lueeting.
Any provision of these Bylaws, not governed by the Charter or Code, luay be teluporarily
suspended at any n1eeting of the COlnn1ission by a majority Yote of all members of the COlnmission.
Any rule n1ay be suspended by general consent if presented by the presiding officer and if there are
no objections frOlU any lneluber.
These Bylaws Inay be amended or new Bylaws adopted by a lnajority Yote of all n1elnbers
of the Commission. Such adoption shall not be effective until approved by Council. Any such
alterations or ill11cndlnents shall be sublnittcd in writing at the luccting preceding their adoption, and
they shall be placed on the agenda under the order of new business. This requirement shall be
waived only by unanimous consent with a recorded vote of all n1elnbers.
11
Meeting Date: Work Plan # Agenda location: Agenda Item:
151 Reading __
May 11,2010 2nd Reading __ Consent Calendar 8F
A RESOLUTION APPOINTING A
Subject: MBER TO THE SENIOR CITIZEN ADVISORY
BOARD.
l/J
Prepared by: Nancy Vincen-v-7 ~ ~ Approved by: Jack Ethred~~/ "" Ordinance previously introduced
By:
Reviewed by: Jack Ethredge Presented by: Nancy Vincent -------
Cit Clerk
KEY CONSIDERATIONS:
• This resolution appoints a member to the Ward 4 position on the Senior Citizen Advisory Board
for a four-year term which began March 1, 2010 and ends March 1, 2014.
BUDGET/STAFF IMPLICATIONS:
• None
RECOMMENDATION:
• Staff recommends approval of the Resolution appointing Selena Jaramillo to the Ward 4
position on the Senior Citizen Advisory Board for a four-year term which began March 1, 2010
and ends March 1, 2014.
HISTORY:
• One vacancy exists on the Senior Citizen Advisory Board due to the resignation of Don
Furakawa.
• The Senior Citizen Advisory Board interviewed Selena Jaramillo for the Ward 4 position on April
16, 2010 and recommended that she be appointed.
RESOLUTION
WHEREAS, a vacancy exists on the Senior Citizen Advisory Board due to the
resignation of Don Furakawa; and
WHEREAS, on April 16, 2010, the Senior Citizen Advisory Board interviewed
Selena Jaramillo for the Ward 4 position and has determined that she is highly qualified
and will be committed to effectively serving on the Board.
That Selena Jaramillo is hereby appointed to the Senior Citizen Advisory Board for
a four-year term which began March 1, 2010 and ends March 1, 2014.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on 2010.
ATTEST:
Management Services
KEY CONSIDERATIONS:
• The present Collective Bargaining Agreement between the City and the Firefighters Union is a
2-year Agreement which expires on January 1, 2011.
• Representatives of the City and Firefighters Union met during an 8-day period commencing on
March 29, 2010 and have negotiated a new Agreement.
• The proposed Agreement will cover a 1-year period from January 1, 2011 to January 1, 2012.
• The proposed Agreement has been ratified by the members of the Firefighters Union.
• The proposed Agreement provides for no increases in the base wages of the firefighters.
• A redlined copy of the Agreement is attached and reflects the changes to the Agreement.
BUDGET/STAFF IMPLICATIONS:
• No budget implications
RECOMMENDATION:
• Staff recommends approval of the resolution because the Agreement represents a fair and
equitable wage and benefit package for the Firefighters over the next year.
• Chapter XVIII of the Thornton City Charter provides the Firefighters Union with the right to bargain
collectively for wages, benefits and certain other conditions of employment with the City.
• The City Council's appointed Labor Attorney, Martin Semple, headed the City's negotiating team
which also included John Staley, Fire Chief; Charles W. Long Deputy City Manager for l
Management Services; and Tricia Hinton-Potter, Human Resources Manager; who were selected
by the City Manager.
• City Council last approved a 2-year Collective Bargaining Agreement with the Firefighters Union on
May 27 2008 (for 2009 and 2010).
l
WHEREAS, pursuant to the provisions of Chapter XVIII of the City Charter, the
respective representatives of the City of Thornton and the Thornton Firefighters Local No.
2376, International Association of Firefighters, entered into collective bargaining negotiations
on March 29, 2010, with respect to matters affecting wages, fringe benefits, and all other
terms and conditions of employment, effective January 1, 2011, and continuing to
January 1, 2012; and
WHEREAS, the negotiating teams representing the City and the Firefighters,
respectively, have met and reached agreement on all items subject to the negotiations; and
WHEREAS, the costs associated with the proposed Collective Bargaining Agreement
are within the Finance Director's revenue projections for the City.
1. The City Council hereby ratifies and approves the attached Collective
Bargaining Agreement between the City of Thornton and the Thornton
Firefighters Local No. 2376, International Association of Firefighters, effective
January 1, 2011, and continuing to January 1, 2012.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on , 2010.
BETWEEN
CITY OF THORNTON
AND
THORNTON FIREFIGHTERS
LOCAL 2376 OF THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
EFFECTIVE DATES:
Base Wage 13
Working Out of Classification 13
Overtime 13
Holdover Pay 13-14
Payment for Schools/Seminars 14
Tuition Reimbursement 14
Deferred Compensation Contributions 14
Filing 17
Definition 17-18
Procedure 18-19
Miscellaneous Provisions 19-20
Failure of Carrier(s) 20
Health, Dental and Vision Insurance 21
Life Insurance 21
Disability Insurance 21
IRS Section 125 Plan 21
State-wide Death and Disability 22
Post Employment Health Plan 22-23
Line of Duty Death 23
Layoff 23-24
Reemployment Eligibility Lists 24
Recall 25-26
18. EMPLOYEE/EMPLOYER
RELATIONS COMMITTEE 26-27
20. RATIFICATION 27
This Agreement between the City of Thornton, hereinafter referred to as "the City," and
Local 2376 of the International Association of Firefighters, hereinafter referred to as "the
Union," is designed to promote and improve labor relations between the City and the
Union and to protect the health, safety, and welfare of employees and the public by
assuring the orderly and uninterrupted operations and services of the City at all times.
This Agreement was negotiated in good faith and shall not be violated or abridged in any
way by either party. This Agreement is subject to the provisions on collective bargaining
contained in the City of Thornton Charter, Chapter XVIII.
1.1 The following terms, wherever used in this Agreement, shall apply only to this
Agreement; and, shall have the following meanings, unless otherwise indicated, or
unless the context otherwise requires:
1.1.1 Employment Date - For purposes of this Agreement shall mean the original date
on which a person became an employee of the City of Thornton Fire Department,
or an employee of the North Metro Fire Rescue Authority.
1.1.2 Probationary Firefighter or Employee - An employee, who for the one year
period immediately following the employment date, is expected to prove his/her
complete fitness for the position; and, during which time may be discharged with
or without cause.
1.1.4 Seniority - The employee's length of continuous service with the City of Thornton
Fire Department, and/or the North Metro Fire Rescue Authority commencing with
the employment date and excluding time spent for leaves of absence, as
governed by Article 10, Section 10.1 of this Agreement and/or disciplinary
suspensions of 15 calendar days or more.
2.1 AUTHORIZATION: The City recognizes the Union as the exclusive collective
bargaining representative for all employees in the bargaining unit described below for
the purpose of collective bargaining in respect to rates of pay, wages, fringe benefits,
grievance procedures, and other terms and conditions of employment, except pension
and the public and management rights contained in Article 5 of this Agreement.
2.2 BARGAINING UNIT: The bargaining unit consists of and is limited to all non-
probationary firefighters as defined in Section 18.2(a) of the City Charter. The words
"employee" and "employees" as used in this Agreement refer only to such employees of
the City as at the time in question fall within the bargaining unit above described.
2.3 DISCRIMINATION: The City and the Union agree not to discriminate against any
employee covered by this Agreement on account of Union or City activity, or
membership or non-membership in the Union. The provisions of this Agreement shall
apply equally to all covered employees, without regard to sex, marital status, race, color,
creed, national origin, age, religion, disability, or political affiliations. The City shall not
discriminate against any employee because the employee has formed, joined, or chosen
to be represented by the Union.
1
The Union shall not discriminate on the basis of sex, marital status, race, color, creed,
national origin, age, religion, disability, or political affiliation. The Union shall not
discriminate against any employee because the employee has elected not to join or not
to remain a member of the Union.
2.4.2 The City agrees to deduct from the second paycheck of the month, all Union
membership dues and fees uniformly required, in an amount certified to be
current and accurate by the Treasurer of the recognized local Union.
2.4.2.1 All bargaining unit employees must individually request and authorize, in
writing, that such deductions be made and that such deductions be paid
over to the Treasurer of the Union. This written authorization shall
remain in force and effect and may be revoked only by written notice
being given to the City and the Union on a form which has been
approved by both parties.
2.4.2.2 The written certification of the amount of the dues and fees to be
deducted shall be received from the Treasurer of the Union; and, shall
remain in force and effect and may be revoked only by written notice
given to the City during the period 30 days immediately prior to
expiration of the contract year.
2.4.2.3 The Union agrees to pay $34.32 per month to cover the City's monthly
collection and transfer of any/all membership dues and servicing fees
from the City's bank account to the bank account specified by the
Union's recognized Treasurer.
2.4.3 Each employee and the Union hereby authorize the City to rely upon and to
honor certification by the Treasurer of the local Union, regarding the amounts to
be deducted and the legality of the adopting action specifying such amounts of
Union dues.
2.4.4 It is recognized that the Union, as the exclusive bargaining representative of all
non-probationary full time paid firefighters, as defined in Section 2.2 of this
Article, owes the same duties to all such firefighters whether Union members or
not, and provides benefits and services to all firefighters whether Union members
or not. Therefore, any person who is employed by the City in a position covered
within the bargaining unit set forth in Section 2.2 of this Article, who is not a
member of the Union and who does not make application for membership within
30 days from the effective date of this Agreement, shall, as a condition of
employment, pay to the Union each month, a service fee, in the amount certified
by the Treasurer of the Union, as a contribution toward the administration of this
Agreement.
2
The service fee shall be no more than that portion of Union dues which is used
for the purposes germane to bargaining, administration of the Agreement, or
other items authorized by applicable law and shall not exceed the Union dues
assessed uniformly against all Union members. Such service fee shall thereafter
be paid monthly for the duration of this Agreement.
Employees who fail to comply with this requirement shall be discharged by the
City. Within 30 days after receipt of written notice to the City from the Union that
this requirement has not been complied with, termination proceedings shall be
initiated by the City. Any such request made by the Union shall not be effective
unless it shall provide that the Union shall release the City from fulfilling the
obligation to discharge if, during the 30 day period following notice to the City
from the Union, the employee pays the membership dues or service fee
retroactive to the due date and confirms his/her intention to pay the required
membership dues or service fee in accordance with this Agreement.
2.4.5 The Union shall have no right or interest whatsoever in any money authorized
withheld until such money is actually paid over to them, such payment to be
made within 10 calendar days after deduction. The City or any of the officers and
employees of the City, shall not be liable for any delay in carrying out such
deductions, and upon forwarding a check in payment of such deductions by mail
to the Union's last known address, the City and its officers and employees shall
be released from all liability to the employees or to the Union under the
assignments of wages set forth in Section 2.4 of this Article.
The Union agrees that, in the event of litigation against the City, its agents or
employees arising out of this provision, it shall co-defend and indemnify and hold
harmless the City, its agents or employees from any monetary award arising out
of such litigation, including any costs or attorney's fees related thereto.
2.4.6 EXCEPTION: Section 2.4.4 of this Article shall not apply to any employee who
qualifies for exemption on the basis of the following condition:
2.4.6.1 Agency services fees or dues payments shall not be required of any
employee where such payment would be contrary to a belief, policy,
philosophy or a doctrine of a recognized religious sect, congregation or
group, of which that employee is a member, provided that it shall be the
responsibility of the member seeking exemption from this provision to
establish the bonafides of such belief, and the existence of said sect,
congregation or group for a recognized religious purpose.
ARTICLE 3 - AGREEMENT
3.1 ENTIRE AGREEMENT: The City and the Union are not bound by any past practices of
the City or of the Union, or understandings with any labor organization, unless such past
practices or understandings are specifically stated in this Agreement.
3.2 SCOPE OF THE AGREEMENT: The Union and the City agree that this Agreement is
intended to cover all matters affecting wages, rates of pay, fringe benefits, grievance
3
procedure, working conditions and all other terms and conditions of employment and
similar or related subjects, and that during the term of this Agreement, neither the City
nor the Union shall be required to negotiate on any further matters affecting these or any
other SUbjects whether or not specifically set forth in this Agreement.
3.3 A proposed Rule, Regulation, SOG or policy is not in conflict with the terms of this
Agreement merely because it affects working conditions, wages, hours, fringe benefits or
terms of employment, if the issue is not expressly covered herein. Nothing in this
Agreement is intended to affect any legal right the City and/or the Fire Chief may have to
implement a change in a Rule, Regulation, SOG or policy, without Union approval, even
to the extent the change is in conflict with this Agreement, if the change is necessary as
a result of a present or impending emergency which would jeopardize the City's ability to
provide its services to the citizens of the City, or which would jeopardize the health,
safety, or welfare of the citizens of the City.
3.4 Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement.
3.5 TERM OF AGREEMENT: This Agreement shall become effective January 1, aGOO~_01j,
and all of its provisions shall remain effective until 12:01 a.m., January 1, ~2012,
except as specified in Sections 3.5 and 3.6 of this Article.
The parties to this Agreement mutually desire that all of its provisions shall be and
remain effective from January 1, 2GW~Qjj until 12:01 a.m., January 1, ~-+~Q..l~.
However, because of the fiscal impact of the Tabor and Gallagher Amendments to the
Colorado Constitution and because of the uncertainties associated with the adoption of
the City of Thornton's budget, which must be done on an annual basis, and the
appropriations connected therewith, the parties agree that the contract may be
reopened, by the City, for negotiations on salary in Appendix .(;)6 on the timetable for
negotiations as specified in the Charter, and such negotiations will be subject to the
provisions of the Charter.
3.7 COPIES OF AGREEMENT: The City shall provide to the Union, for each member of the
bargaining unit, a copy of this Agreement on standard 8 '/'2" x 11" size paper. Such
copies, plus an original copy, of this Agreement shall be delivered to the Union 30 days
prior to the effective date of the Agreement.
3.8 WAGE/BENEFIT SURVEY: No later than February 15 of the year in which the parties
negotiate renewal of this working Agreement, one employee, represented by this
Agreement and designated by the Union President, and one member of the
management of the City designated by the City Manager, shall jointly collect wage and
fringe benefit data from the cities or districts to be used in a survey. This survey shall
4
identify base wages, fringe benefit costs, and fringe benefit levels of the jurisdictions
surveyed.
ARTICLE 4 - STRIKES
4.1 An employee's right to strike is governed by the provisions of Chapter XVIII of the City
Charter.
5.1 It is mutually agreed that the City shall have the sole right to manage the affairs of the
Fire Department as provided by law, including, but not limited to, the right to change the
level or nature of services provided by the City to the extent authorized by law.
5.2 Except where limited by express provisions of this Agreement nothing in this Agreement
shall be construed to restrict, limit, or impair the rights, powers and authority of the City
as granted to it under the Charter, City ordinances, the Constitution and any applicable
laws of the State of Colorado. These rights, powers and authority include but are not
limited to the following:
5.2.1 The determination of the Fire Department's policy, including the right to manage
the affairs of the Fire Department in all respects;
5.2.3 The right to establish, modify, or change work schedules, the staffing of
apparatus, and the amount of apparatus in the main or reserve fleet;
5.2.4 The right to direct the employees of the Fire Department, and the right to hire,
promote, transfer, or layoff any Fire Department employee;
5.2.5 The right to maintain the discipline and efficiency of the employees, the right to
discipline the employees of the Fire Department, and the right to discharge for
cause any employee of the bargaining unit;
5.2.6 The table of organization of the Fire Department, the right to organize or
reorganize the Fire Department in any manner it chooses, including
determination of the size of the Fire Department and determination of job
classification and ranks based upon duties assigned;
5.2.7 The determination of the safety, health and property protection measures of the
Fire Department;
5.2.8 The allocation and assignment of work to all employees within the Fire
Department;
5.2.9 The determination of policies affecting the selection and training of employees;
5
5.2.10 The scheduling of operations and the determination of the number and duration
of hours of assigned duty per week;
5.2.12 The transfer of work from one position to another within the Fire Department;
5.2.14 The placing of service, maintenance or other work with outside contractors or
other agencies of the City;
5.2.15 The determination of the number of ranks and the number of employees within
each rank;
5.2.19 To determine and implement the methods, equipment, facilities and other means
and personnel by which Fire Department operations are to be conducted, and to
take the steps it deems necessary to maintain the efficiency and safety of said
operations and of the personnel engaged therein; and
5.2.20 To determine the Fire Department budget, organization, and the merits,
necessity and level of any activity or services provided.
This statement of management rights, powers, duties and authority is not exclusive of
other functions not herein contained, provided, however, that the exercise of these
functions shall not be in conflict with the express terms of this Agreement.
5.3 Nothing in this Agreement shall prohibit the City from establishing, from time to time and
at any time, such minimum standards for employees as are deemed necessary,
including but not limited to annual testing of physical health, fitness, agility and other
qualifications to the extent authorized by law.
6.1 Failure of the City to enforce, or insist upon the performance of any term, condition, or
provision of this Agreement in anyone or more instances, shall not be deemed a waiver
of such term, condition or provision. No term, condition or provision of this Agreement
shall be deemed waived by the City unless such waiver is reduced to writing and signed
by an agent of the City who has actual authority to give such waiver. If such waiver is
6
given, it shall apply only to the specific case for which the waiver is given and shall not
be construed as a general or absolute waiver of a term, condition or provision, which is
the subject matter of the waiver.
6.2 Where any provision of this Agreement requires that any notice or information be given
by the Union to the City and/or the Fire Chief within a specified time, such requirements
shall not be met unless the officials of the City specified herein, who have actual
authority to receive such notice or information, actually receives the notice or information
in person or it is received in person by a representative of their office, within the time
limits specified in this Agreement.
7.1 All matters concerning discipline and discharge of any firefighter are governed solely by
applicable provisions of the Charter and ordinances of the City. This reference shall not
be construed as thereby incorporating any provision of the Charter or ordinance into this
Agreement.
8.1 During the term of this Agreement, firefighters currently working 24 hour shifts shall
continue to work a 24 hour shift, an average of 56 hours per week. The present shift
periods and schedules sha!1 remain unchanged unless the Fire Chief first consults with
the Union before any changes are made. The foregoing sentences of this Article do not
and shall not be taken to imply or infer that the City considers matters of work scheduling
to be negotiable under the negotiation procedures of the City Charter.
9.1 Every 24 hour shift employee shall be paid 96 hours at the regular hourly rate on an
annual basis as Holiday pay, due and payable in a lump sum by November 16 for each
year. This provision is intended to eliminate any other form of compensation for
holidays. Employees who terminate employment during the year shall be paid a pro rata
amount based on the number of months worked.
9.2 Any employee assigned to a 40 hour/week work schedule shall receive the day off, with
pay, on the 11 holidays designated in the City Personnel Code. The employee shall
observe the holiday time off schedule for administrative personnel and shall not be paid
any additional compensation as defined in Section 9.1 of this Article for the affected
holidays.
7
ARTICLE 10- LEAVES
10.1.1 Personal leaves of absence without pay shall normally be applied for at least 30
days in advance of the requested date unless in the event of an emergency. Any
such leave shall be granted only in the sale discretion of the City Manager, for a
period not to exceed one year, and in accordance with any separate agreement
covering such leave without pay. Applications for such leave shall state the date
the proposed absence is to commence, the length of absence, the date of return,
and the reason for the request. If the employee does not or cannot return to
work upon the expiration of any such leave, at the sale discretion of the City
Manager, the employee shall be deemed to have resigned.
10.1.2 Such leave may be granted only after an employee submits a written request
setting forth the reasons for the proposed absence and when the employee's
record indicates that it would be desirable to retain the services of the employee
for the future.
10.1.3 Such leave may be granted for educational, or health reasons, or for any other
reason deemed sufficient by the City Manager.
10.1.4 There shall be no accrual of vacation time or sick time while on leave of absence
without pay. When an employee returns from a leave of absence without pay,
the employee shall have the same salary and benefits provided to other
employees in the rank to which he/she is returning. However, any such leave of
absence shall not be considered in computing an employee's seniority or in
determining the employee's rights to any other fringe benefits. During any such
period of leave of absence, the City shall make no contribution to any fringe
benefit to which the employee is entitled; provided, however, that an employee
on leave of absence may, during such leave, continue to participate in health,
dental, and/or life insurance program in which such employee was participating
prior to such leave of absence. Should an employee elect to continue such
participation, the employee shall be required to deposit with the City, on or before
the last day of each month, the full amount of any benefit premium for coverage
for the following month under such program. If premiums are not paid by the end
of the month in which they become due, it is understood and agreed that the
insurance, for which premium payment(s) have not been received, shall be
canceled by the City.
10.1.5 An employee granted a leave of absence shall, no later than the date agreed
upon by the City and the employee, confirm to the City Manager the employee's
intention to return to employment with the City upon the expiration of the leave of
absence. Upon the employee's return, the employee shall be reinstated to the
position vacated by leave of absence, or to any other vacant position within the
same classification. Any employee's failure to return to work on the next working
day following the expiration of the leave of absence may, at the sole discretion of
the City Manager, be considered a resignation.
8
10.1.6 An employee who wishes to return following a leave of absence may be required,
at the discretion of the City Manager, to successfully complete a testing process,
including a medical examination, as required for current employees in the Fire
Department's physical fitness program.
10.1.7 Any leave of absence authorized for any employee shall be in writing and a copy
shall be placed in the employee's personnel file.
10.2 VACATION LEAVE: All employees covered by this Agreement shall be eligible for a
vacation with pay after 12 months' service with the City. Employees shall start to earn
vacation leave as of their anniversary date.
10.2.1 The accrued vacation hours of an employee transferring from a 40 hour week to
a 24 hour shift shall be determined by dividing the vacation hours by 16 and then
mUltiplying by 24.
10.2.2 The accrued vacation hours of an employee transferring from a 24 hour shift to a
40 hour week shall be determined by dividing the vacation hours by 24 and then
multiplying by 16.
10.2.4 Any employee who terminates employment with the City for any reason shall be
compensated for all unused vacation time accumulated, at the regular hourly rate
at the time of separation.
10.2.5 All 24 hour shift employees shall be allowed to carryover a maximum of 240
hours (160 hours for 40 hour/week employees) of vacation leave annually.
9
Vacation leave carried over shall not exceed 240 hours for 24 hour shift
employees (160 hours for 40 hour/week employees). All non-probationary
employees must use at least one-half of the vacation hours earned during the
year they are earned.
10.2.6 All vacations shall be scheduled at the discretion of the Fire Chief. Any carryover
exceeding the maximum shall be subject to the approval of the City Manager.
The initial scheduling of vacation for a given year shall be uniformly applied and
completed by December 31 of the preceding year. After the initial scheduling,
any further requests for vacations shall receive a response from the Fire Chief or
his/her designee, within 14 calendar days.
10.3 SICK LEAVE: It is agreed that sick leave shall be provided in accordance with the
following provisions to afford all employees covered by this Agreement a measure of
economic protection against work time loss due to absence for injury or illness and to
insure continuity of income for limited periods.
10.3.1 Each 24 hour shift employee shall accrue 12 hours (8 hours for 40 hour/week)
sick leave for each month of service. Sick leave used shall be charged hour for
hour to an employee's sick leave balance on a last in, first out basis.
10.3.2 Each such employee shall accumulate sick leave from their anniversary date.
10.3.3 The accrued sick leave hours of an employee transferring from a 40 hour week to
a 24 hour shift shall be determined by dividing the sick leave hours by 16 and
then multiplying by 24.
10.3.4 The accrued sick leave hours of an employee transferring from a 24 hour shift to
a 40 hour week shall be determined by dividing the sick leave hours by 24 and
then mUltiplying by 16.
10.3.5 An employee may use accrued sick leave when, due to physical or mental
disability he/she is unable to work, or when it is necessary for him/her to attend to
a member of his/her immediate family as defined under the Family Medical
Leave Act, who is seriously and/or sUddenly ill, or where the employee requires
medical treatment not available during his/her non-duty hours.
10.3.7.1 All employees with sick leave hours accrued prior to January 1, 1994,
and unused at the time of termination, shall be reimbursed for these
hours as follows: An employee working a 24 hour shift, 56 hour work
week [40 hour week] who accumulates in excess of 576 hours [384
10
hours] sick leave time shall be eligible for reimbursement of one-half of
sick leave hours in excess of 576 hours [384 hours] at the current rate
of pay. However, the employee will not be reimbursed for over 2,100
hours [1,400 hours] above the 576 hours [384 hours]. Payment will be
made upon normal retirement, disability retirement, or voluntary
resignation from the department.
10.3.7.2 All employees with sick leave hours accrued after December 31, 1993,
and unused at the time of termination, shall be reimbursed for one-half
of all hours accrued at the current rate of pay upon termination of
employment from the City for any reason. This payment shall be made
in addition to any payment that is required under Section 10.3.7.1 of this
Article.
10.3.7.3 Effective January 1, 2002, each employee shall continue to accrue sick
leave, except that no sick leave accrued after January 1, 2002 shall be
considered as compensable upon retirement or termination. The
amount of compensable sick leave pay as described in 10.3.7.1 and
10.3.7.2 above shall be calculated by applying sick leave used against
the most recent sick leave hours accrued. Any remaining compensable
sick leave hours shall be paid in accordance with 10.3.7.1 and 10.3.7.2
above.
10.3.8 SICK LEAVE DONATION: Employees may participate in the City of Thornton
"Leave Donation Program" in accordance with the Administrative Directives for
such program.
10.5 BEREAVEMENT LEAVE: The Fire Chief or his/her designee may grant up to 3 shifts
for shift employees (5 working days for 40 hour/week employees), of paid emergency
leave to any employee when a death has occurred in such employee's or employee's
spouse's immediate family. Immediate family shall mean: spouse, children, mother,
father, sister, brother, father-in-law, mother-in-law, brother-in-law, sister-in-law,
grandparents, grandparents-in-Iaw, son-in-law, daughter-in-law, stepparents,
stepchildren, and grandchildren. Requests for extended bereavement leave shall be
given due consideration.
11
days in any calendar year. For the purposes of this Section, such annual military
leave shall be considered to be with pay if the City pays the employee the
difference between the employee's regular salary and any compensation paid to
the employee by the appropriate military unit. Annual military leave shall not be
allowed unless the employee returns to employment with the City immediately on
being released from such military service, or unless the employee is prevented
from so returning by physical or mental disability for other cause not due to the
employee's own fault, or unless the employee is required by proper authority to
continue in such military service beyond said 15 day period.
10.6.2 EXTENDED MILITARY LEAVE: If any employee who is a member of any unit
referred to in Section 10.5.1 of this Article is required by proper authority to
continue such military service beyond the time for which leave with pay is
allowed under Section 10.5.1 of this Article, such employee shall be entitled to
leave of absence without pay in accordance with the provisions of the C. R.S. '73,
Subsection 28-3-602 as it may from time to time be amended, Employees
granted extended military leave shall be entitled to credit for the time spent on
such leave as provided for by State law.
10.7.1 Any employee who is required to serve as a juror in a Federal, State, County or
Municipal Court shall be granted jury leave with pay to serve in such capacity.
10.7.2 An employee who is called for jury duty shall present to the employee's
supervisor the original summons from the court, and at the conclusion of such
duty, a signed statement from the clerk of court or other evidence showing the
actual time of attendance at court.
10.7.3 For the purposes of this Section, such jury leave shall be considered to be with
pay if the City pays the employee the difference between the employee's regular
salary and any jury fees paid to the employee, exclusive of meals and travel
expenses.
10.8 ELECTION LEAVE: All employees shall receive a maximum of two hours election leave
with pay to vote in each Municipal, Special District, County, State or Federal election,
provided, however, that in order to receive such paid election leave an employee shall
notify his/her supervisor at least five days in advance of the date the employee intends
to take election leave, and the employee demonstrates that he/she is unable to vote
before or after the work shift for that day. Such leave shall be scheduled at the
discretion of the supervisor.
10.9 UNION BUSINESS: Employees elected to Union office may be granted, at the
discretion of the Fire Chief, reasonable time to perform their Union functions, providing
this time off does not interfere with Fire Department operations as determined by the
Fire Chief. Whenever possible, Union business shall be conducted during non-working
hours of Union officials and employees involved.
12
ARTICLE 11 - COMPENSATION AND OVERTIME
11.1.1 Effective January 1, 2:GG92011, the base wage for employees covered by this
Agreement shall be in accordance with the salary schedule attached as Appendix
A.
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Agreement &f:lal.J-4:J&1+l-3cGordance vvith the salary sGhedule-attaGheEl-a£··ApPB~
11.2 WORKING OUT OF CLASSIFICATION: Any person covered by this Agreement shall
be eligible to work out of class if the employee meets the requirements determined by
the Fire Chief.
11.2.1 The overall intent of the Article is to provide out of class possibilities in an
equitable fashion, provided it does not result in additional overtime, for members
who desire such experience and are qualified to perform in the out of class
position. It is understood that station movements, transfers, etc., shall occur and
that they are necessary to provide department approved staffing levels.
11.2.2 Any employee who is assigned and works at a higher classification shall be
compensated for any hours worked out of class at the higher wage rate, unless
otherwise provided for in Appendix A and Appe~. Any employee assigned
to work out of class in any non-bargaining unit position in a higher rank shall be
paid in accordance with the provisions of the City Code.
11.3 OVERTIME: Overtime at a rate of one and one-half times the regular hourly rate shall
be paid pursuant to the provisions of the Fair Labor Standards Act (FLSA) and based
upon a 27 day work cycle. The method of determining the base hourly rate for purposes
of overtime computation is shown in Appendix A and Appef1.G+x--8.
11.3.1 ROUTINE OVERTIME: Applies to employees called back to work after the
expiration of their normal shift and prior to the onset of their next regularly
scheduled shift. Employees selected for routine overtime shall be from a
documented rotating overtime list of those off duty personnel provided that
minimum staffing requirements can be met. Overtime is to be paid in 15 minute
increments. A minimum of two hours overtime shall be compensated. If no
employee accepts the overtime request, emergency call back procedures may be
implemented.
11.3.2 EMERGENCY CALL BACK: If, in the sole opinion of the Fire Chief or his/her
designee, it is necessary to call employees back to work during the employee's
normal time off, it is understood and agreed that such recalled employees shall
report to duty. A minimum of two hours overtime shall be compensated.
11.4 HOLDOVER PAY: All employees covered by this Agreement who are held over at their
work (beyond the time of normal shift change) at the specific direction of their supervisor
13
shall be paid at the rate of one and one-half times their regular hourly rate for the time
actually worked. Overtime shall be paid in 15 minute increments.
The Fire Chief shall determine the nature and minimum amount of any such
required training. Any employee required to attend training, schools, seminars or
meetings during off duty hours shall be compensated at the rate of one and one-
half times the regular hourly rate in effect at that time. The number of hours
compensated for attendance during off duty hours shall be reduced by the
number of hours the employee is excused from regularly scheduled duty for such
attendance.
11.5.2 The Fire Chief shall have complete discretion with regard to personal requests
for voluntary rnedical and/or other training. Compensation for said training and
employee time off, if any, to complete that training or to attend requested
seminars and/or meetings shall be by authorization only.
11.6 TUITION REIMBURSEMENT: The parties to this Agreement recognize the need for job
related education and training and encourage employees to engage in such training to
the fullest extent possible without adversely affecting the employee's on-the-job
performance.
11.6.1 Any employee shall be eligible for education assistance for job-related credit
courses, SUbject to funding as approved by the City Council, for which the
employee obtained prior approval of the Fire Chief. Where such prior approval
has been given, the City shall reimburse employees attending job-related
courses by paying the cost of tuition, books and fees upon the employee's
achievement of a grade C or better in each course and upon the employee's
submission of valid receipts for expenses incurred. Should the employee
through voluntary resignation, leave the City's employment within 12 months of
having completed a course(s) for which the employee was reimbursed, such
reimbursement shall be refunded to the City by the employee.
12.1 ON DUTY INJURY: In order to be eligible for payment under this Section, the employee
must report his/her injury to the immediate supervisor or shift supervisor no later than the
end of the shift on which the injury occurred or the employee reasonably should have
known that there was an injury, whichever is later, and comply with the provisions of this
Article. In the event an on-the-job injury claim is denied by Workers' Compensation, the
14
provisions of Article 10, Section 10.3 would apply. In the event that the decision to deny
the Workers' Compensation claim is later overturned after the appeal process has been
exhausted by the employee and the City, the employee's sick leave balance shall be
credited for sick hours used by the employee for this claim. Even after the employee
has exhausted all of his/her paid leaves, while he/she continues to draw Workers'
Compensation benefits in connection with this on-the-job injury and continues to be an
employee with the City, the City shall continue to maintain the employee's benefits
provided in Article 16 of this Agreement.
12.2 Any employee who must leave his/her duty station as a direct result of an injury on the
job and who is determined, by a physician designated by the City, to be unable to return
to duty to complete his/her shift shall be paid for the remaining hours of his/her shift at
the regular hourly rate of pay.
12.2.1 The employee must obtain the authorization of his/her supervisor for outside
medical treatment at a medical facility approved by the City, or as otherwise
dictated by medical protocol.
12.2.2 If the employee is unable to work during the shift on which the accident occurred,
he/she must present medical certification of this fact satisfactory to the City.
12.2.3 Employees injured on the job and unable to work shall be placed on injury leave
with pay commencing on the date when disability was determined. The
determination of the inability for an employee to work shall be made by a
physician designated by the City. Such leave shall not constitute a charge
against an employee's accumulated sick leave.
For the purpose of this Section, injury leave shall be considered to be with pay if
the City pays the employee the difference between the employee's current base
salary and any Workers' Compensation benefits received by the City on behalf of
the employee, exclusive of any medical payments and disability injury awards.
In the event that an employee's disability extends beyond 1460/1040 hours, the
employee may utilize any of his/her available paid leaves such as sick leave or
vacation to supplement his/her Workers' Compensation benefits in order to
maintain 100% of his/her regular weekly rate from the combination of Workers'
Compensation benefits and the use of such leave, and the City shall continue to
provide insurance coverage. An employee may utilize up to 1460 hours for 24
hour shift employees (1040 hours for 40 hour/week employees) of paid injury
leave for those hours that the employee is unable to work full duty or light duty if
available, as determined by a doctor designated by the City for the period of time
commencing with the date of disability up to the date maximum medical
improvement is determined by the City's doctor or 180 days from the date of
disability, whichever comes first.
15
12.2.4 Unless otherwise limited by law, the Fire Chief, at his/her sole discretion, may
require the injured employee to make application to the Pension Committee
and/or the State Fire and Police Pension Association for disability benefits any
time after the 180 days from the date of disability, or if the employee has reached
maximum medical improvement, as determined by the City's doctor and the
employee is unable to return to full duty.
13.1 Upon employment, the City shall provide the initial issue of uniforms as designated by
the Fire Chief to each employee. All protective clothing or protective devices required of
employees in the judgement of the Fire Chief, in the performance of their duties, shall be
furnished without cost to the employees by the City.
13.2 The City shall replace, as needed, and shall provide facilities or programs to maintain,
repair and clean uniforms issued by the City.
13.3 All uniforms, protective clothing and protective devices damaged in the line of duty, shall
be replaced by the City without cost to the employee, when necessary in the judgement
of the Fire Chief.
13.4 All uniform, clothing, protective gear and devices damaged or lost through neglect or
employee carelessness shall be replaced at the expense of the employee.
16
4.5%
14.'~1 Effective January 1, 2010, longevity pay shall be eliminated, except that all those
employees receiving annual longevity pay of $2,000 or more in 2009 shall continue to
receive annual longevity pay of $1,000.
15.1 FILING: Any non-probationary employee may file and process grievances in strict
conformity with the procedure and provisions of this Article.
15.1.1 Any aggrieved employee may seek the assistance of the Union in the preparation
and presentation of a grievance. However, any employee may seek redress or
adjustment of grievances or complaints by discussion within the chain of
command and without the necessity of consulting with the Union or involving a
Union representative in such discussion; provided, however, that any resolution
is not inconsistent with this Agreement. A copy of all grievances shall be filed
with the Union. Such grievances, to be filed simultaneously with the Union and
the City, must be submitted on the appropriate grievance form. At any step short
of arbitration, the employee may request to be assisted by a Union
representative.
15.1.2 Wherever the word "days" is used in this Article and it is not otherwise specified,
that word shall mean calendar days.
15.1.3 Any non-probationary employee may file a grievance following the steps outlined
in this Article. The procedures under this Article shall be the exclusive method of
resolving disputes arising under this Agreement.
15.2.1 A claim by an employee arising during the term of this Agreement, to the effect
that an express provision of this Agreement, or of the Departmental Rules and
Regulations and Standard Operating Guidelines, has been improperly interpreted
or applied except that grievances involving Department Rules and Regulations
and Standard Operating Guidelines shall conclude at the step prior to arbitration.
15.2.2 A claim that the employee has been discriminated against on the basis of race,
creed, religion, disability, military veterans, sex, marital status, national origin or
age, in each instance as prohibited by applicable State or Federal law provided,
however, that such a grievance shall be processed up to the arbitration step
unless settled at an earlier step of this grievance procedure, provided that the
matter need not be arbitrated unless the grievant executes a waiver of any right
to sue the City or to pursue any claim covered by said grievance in any
administrative or legal forum, such waiver to be in a form agreeable to the City.
17
15.2.3 Any grievance must be in writing on the grievance form developed by the City
and the Union and must contain each of the following items:
15.3.1 The grievance must be presented to the Fire Chief or his/her designee in written
form, in accordance with the conditions set forth in Section 15.2 of this Article,
within 14 calendar days of the date on which the incident or event giving rise to
the grievance occurred. After the grievance is presented to the Fire Chief or
his/her designee, the Union shall have 14 calendar days within which to file the
statement of the Union's position on the grievance. The Fire Chief or his/her
designee shall give his/her written answer to the grievance within 14 calendar
days of the date on which he/she received the statement of the Union's position.
15.3.2 If the employee is not satisfied with the answer provided by the Fire Chief, the
employee may request a meeting with the Human Resources Director or his/her
designee to hear such grievance, provided that the request is made in writing,
signed by the employee, co-signed by the President of the Union. and presented
to the Human Resources Director within seven calendar days of the date of the
Fire Chief's answer and the previous step of the procedure. The Human
Resources Director or designee shall answer the grievance in writing within
seven calendar days of the date on which the meeting was held.
15.3.3 If the employee is not satisfied with the answer of the Human Resources
Director, he/she may request a meeting with the City Manager or his/her
designee, provided that such request is presented to the City Manager within
seven calendar days of the date of the written answer provided by the Human
Resources Director or designee. The City Manager or designee shall answer the
grievance in writing within seven calendar days of the date on which the meeting
was held.
15.3.4 If the employee is not satisfied with the answer provided by the City Manager or
designee, the Union may request arbitration of the dispute within 14 calendar
days of the day the City Manager or designee rendered his/her decision.
Waivers as referred to in Section 15.2.2 of this Article shall be executed at this
time.
18
15.3.5 Promptly after receiving demand for arbitration, the parties shall attempt to agree
upon an impartial arbitrator to hear the dispute. If the parties are unable to agree
upon an arbitrator within 14 calendar days, they shall request that an arbitrator
be appointed by the American Arbitration Association under the normal
procedures in effect for the selection of arbitrators. The arbitrator's
recommendation or decision shall be based solely upon the terms of this
Agreement and the arbitrator shall be without power or authority to make any
recommendation or decision contrary to, or inconsistent with, increasing or
decreasing any term, enlarging or diminishing any benefit or power, or modifying
or varying in any way the terms of this Agreement. The arbitrator shall establish
procedural rules, conduct necessary hearings and issue his/her written findings
to the City, the employee, and the Union within 30 days of the termination of such
hearings. The arbitrator's award shall be binding on all parties, and the
provisions of this Article shall be construed under, and consistent with, the
provisions of the Colorado Uniform Arbitration Act of 1975, unless deemed
invalid by future Colorado State law.
15.3.6 Costs for the services of the arbitrator, including per diem expenses, actual and
necessary travel, and subsistence expenses shall be shared equally by the
parties.
15.4.1 No reprisals shall be taken against any participant in any grievance procedure
because of such participation.
15.4.2 Any grievant may, upon request, be represented at any level of this grievance
procedure by a representative of the Union, or by counsel, with the approval of
the Union, but no employee may be represented by any representative of any
employee organization other than the Union.
15.4.3 All claims for back wages shall be limited to the amount of wages that the
employee otherwise would have earned less any compensation received for
temporary employment obtained subsequent to removal from the City payroll and
less unemployment compensation benefits.
15.5 The following stipulations shall govern all aspects of grievance processing under this
Agreement:
15.5.1 The processing of any written grievance filed under this Agreement shall be,
whenever reasonably possible, during the non-working time of the aggrieved
employee and the Union representative involved, if any,
15,5,2 The time limits set forth for the processing of grievances shall be strictly adhered
to. In the event that a grievance is not appealed to the next step of the grievance
procedure in writing pursuant to the requirements of this Article, and in
accordance with the time limitations specified, such grievance shall be declared
closed and settled on the basis of the most recent decision of the Fire Chief or
Human Resources Director or City Manager (or their designees) as applicable.
Extensions may be requested by either party; however, any extensions of time
19
must be in writing. In the event that a grievance response is not provided by the
Fire Chief or Human Resources Director or City Manager (or their designees) as
applicable, within the time allowed, the grievance may be processed at the next
step as if denied on the final day available for answer.
15.6 Any provisions of this Agreement to the contrary notwithstanding, the following matters
shall not be proper subject for the grievance arbitration procedure provided in this
Article:
15.6.1 Any matter not involving an express term or provision of this Agreement except
that charges asserting violation of State and Federal Equal Employment
Opportunity laws may be arbitrated where a waiver of any right to sue has been
executed by an aggrieved party in a form agreeable to the City;
15.6.2 Any matter which arose outside of the period during which this Agreement is
effective;
15.6.3 Any grievance which is not filed in accordance with the provisions of this Article
or does not meet the definition of a grievance as set forth in this Article;
15.6.4 Any matter reserved solely as a Right of Management, or to the discretion of the
City Manager or Fire Chief or designees by the terms of this Agreement;
15.6.5 Any matter which would require a change from the wages, rates of pay, fringe
benefits, grievance procedure, and all other terms and conditions of employment
as set forth in this Agreement;
15.6.6 Any matter governed by the Charter of the City of Thornton, the policies and the
Rules and Regulations of the Fire Department not inconsistent with the express
terms of this Agreement, City Charter or ordinances, Statutes, or Constitutional
provisions.
15.7 It is specifically understood and agreed that this Agreement shall be enforceable in a
Court of competent jurisdiction, in the same manner as any other contract; provided,
however, that no action for alleged breach of contract may be instituted until the
procedure outlined in this Article has been completed.
ARTICLE 16 .. INSURANCE
16.1 FAILURE OF CARRIER(S): The failure of any insurance carrier to provide any of the
benefits for which the carrier has contracted, for any reason, shall not result in any
liability to the City or the Union; nor, shall such failure be considered a breach by either
the City or the Union of any obligation under this Agreement. Eligibility, coverage, and
benefits under any insurance plan are SUbject to the terms and conditions, including any
waiting period or other time limits contained in the contracts between the City and the
carrier( s).
20
16.2 HEALTH, DENTAL AND VISION INSURANCE
16.2.1 For the term of this Agreement, the City will provide the same health, dental and
vision insurance coverage for members of the bargaining unit as the City
provides for Career Service employees.
16.2.2 The health insurance coverage, to the extent the insurance carrier will provide
the coverage, shall be made available to employees and their dependents if the
employee has retired and meets one or more of the following conditions:
In order for the former employee to continue this coverage, the employee must
reimburse the City for the full cost of such coverage in accordance with the same
procedures as outlined in Article 10, Section 10.1.4.
16.3 LIFE INSURANCE: The City shall provide and pay the full premium for term life
insurance in the amount of one year's base salary for each employee, in addition to
accidental death and dismemberment insurance for employees covered by this
Agreement pursuant to the specific terms of the coverage.
16.4 DISABILITY INSURANCE: The City shall provide short term disability coverage for off-
the-job injury. This coverage shall provide 50% of salary for a period no longer than the
duration of the leave for said injury, but in no event to exceed 180 days from the first day
of absence, such coverage to commence after utilization of accumulated sick leave; and,
in no event, before 30 consecutive calendar days of absence. The plan shall be
determined by the City. This Agreement shall have no impact on coverages provided
under State law.
16.5 IRS SECTION 125 PLAN: The City shall provide a program for its employees, pursuant
to the IRS Regulations, whereby employees' contributions for health and dental
insurance premiums, as well as child care expenses and unreimbursed medical
expenses, may be made from pre-tax dollars.
21
16.6 STATE-WIDE DEATH AND DISABILITY
16.6.1 For all firefighters hired on or after January 1, 1997 and before January 1, 2009,
who are eligible for the death and disability coverage provided under Section 31-31-811,
C.R.S., the City shall make the contribution required by statute to the death and disability
fund for the period of this Agreement through December 31, ~~~tl.
16.6.2 For all firefighters hired on or after January 1, 2009, who are eligible for the death
and disability coverage provided under Section 31-31-811, C.R.S., the City shall make
one-half (1/2) of the contribution required by statute to the death and disability fund for
the period of this Agreement through December 31, ~:?.Qj.:1.
16.7 POST EMPLOYMENT HEALTH PLAN: The City agrees to participate in the Post
Employment Health Plan (PEHP) for Collectively Bargained Public Employees (Plan) in
accordance with the terms and conditions of the Plan's Participation Agreement. The
parties hereto designate Nationwide Retirement Solutions to act as Plan Administrator
for the Plan, or its successors appointed in accordance with the Plan and Trust
documents. The Employer agrees to contribute to the Plan on behalf of all members of
the bargaining unit who have completed their probationary period and who are employed
on the last day of the quarter for which the payment is being made (hereinafter Eligible
Employee).
16.7.1 For the year 2009, the City shall contribute- tho amount of $48,640 to the~
Said contribution shall be made on a quarterly basis and the City shall transmit
$+2,1-9G-w+tAiA-three vveeks foUewing the first payroll in April, Ju+y,G-GteGef, 2009
and January, 2010, This amount shall be divided equally among each Eligib}e
e.-fA·pto·yee·;-···-=r.he Em p101'0 r' 6 eq uaI dollar......eefl:tfH::tHtieR-p-er"~.fifJ·ibte·~r:ttf*e-yee-6fta{.~
be-d~teEJ into the Eligible Employee's Universal HealtR-Gare ReimooFwffteflt
6~GCOunt pursuant to the terms and conditions of the Plan.
16.7.~1 For the year ~2i)~:L1. the City shall contribute the amount of $51,560 to
the Plan. Said contribution shall be made on a quarterly basis and the City shall
transmit $12,890 within three weeks following the first payroll in April, July,
October, and January, This amount shall be divided
equally among each Eligible Employee. The Employer's equal dollar contribution
per Eligible Employee shall be deposited into the Eligible Employee's Universal
Health Care Reimbursement sub-account pursuant to the terms and conditions of
the Plan.
22
The City shall provide with the contributions a detailed contribution report
identifying the Eligible Employees on whose behalf the contribution is being
made.
The Union agrees that the sale responsibility of the City in connection with this
contribution is to forward the funds and report to the Plan. The Union agrees to
save the City harmless from any and all actions arising out of this contribution
and the operation of the Plan whether such action is commenced by any
firefighter or anyone against the City, and the Union shall fully and completely
reimburse the City for any and all costs, attorney's fees or damages associated
with any such action.
16.8.1 In the event a firefighter is killed in the line of duty or dies from injuries sustained
in the line of duty, the City shall pay the cost of reasonable funeral expenses up
to a maximum of $10,000, which amount shall be offset by any other payments
for funeral expenses made by insurance or by any other agency or organization
or person(s) (other than relatives of the firefighter). This payment shall be made
to the firefighter's estate.
16.8.2 In the event a firefighter is killed or has been killed in the line of duty, the City
shall pay the full cost of health insurance and dental insurance for a surviving
spouse and children of the firefighter, sUbject to the following conditions:
16.8.2.1 The payments for a surviving spouse will end two (2) years after the
firefighter's death or upon remarriage, whichever occurs first.
16.8.2.2 The payment for a child will end two years after the firefighter's death
or upon the child reaching age 18, whichever occurs first.
17.1 LAYOFF
17.1.1 When it becomes necessary to reduce the number of employees covered by this
Agreement, because of lack of funds, lack of work, reorganization, or causes
other than disciplinary actions, the City shall determine the number and
classification of positions to be abolished or vacated by layoff.
17.1.3 Employees shall have the right to a demotion to any position for which the
employee is qualified in a lesser classification occupied by a less senior
employee.
23
17.1.4 In the event a laid off employee waives his/her right to a demotion as outlined in
Section 17.1.3 of this Article, that employee shall be eligible to have his/her name
placed on the reemployment eligibility list for the position from which he was laid
off at such time as such reemployment eligibility list is established.
17.1.5 In the case of employees with the same employment date, the determination of
persons to be laid off shall be by random lottery. The lottery shall be drawn in
the presence of two Management representatives and two Union
representatives, and the persons who may be affected.
17.1.6 Employees on layoff status shall not be entitled to accrue any compensation or
fringe benefits, except, however, that employees laid off from the City may retain
whatever accident, health, and/or life insurance program(s) they had at the time
of layoff, at the employee's own expense, for a maximum period of 18 months.
17.1.6.2 Upon layoff, the employee shall have the option to be paid for
unused vacation or he/she can elect that the unused vacation
continue until he/she is recalled with the City. At any given period
of time during layoff status the employee can request payment for
all unused vacation at the pay rate in effect at which time he/she
was laid off.
17.1.6.3 Upon layoff, the employee shall have the option to be paid for
unused sick leave or he/she can elect that the unused sick leave
continue until he/she is recalled with the City. At any given period
of time during layoff status the employee can request payment for
all unused sick leave at the pay rate in effect at which time he/she
was laid off in accordance with the provisions of Article 10,
Section 10.3.7.
17.1.7 No new employees who would be subject to this Agreement shall be hired in a
classification for which a reemployment eligibility list has been established until
all employees on layoff status desiring to return to work have been recalled.
17.2 REEMPLOYMENT ELIGIBILITY LISTS: Employees covered by this Agreement laid off
pursuant to the provisions of this Article shall be placed on a reemployment eligibility list
based on seniority, including length of military service as required by Article XII, Section
15, of the Colorado Constitution. Such reemployment eligibility list shall remain in effect
until all vacancies occurring in the classifications for which such reemployment eligibility
lists have been established have been filled.
24
17.3 RECALL: Whenever a vacancy shall occur within any classification for which a
reemployment eligibility list has been established, the position shall be offered first to
those employees on the reemployment eligibility list for such classification in the order of
their placement on the list which placement shall be in the order of seniority.
17.3.1 Notice of opportunity to return to work shall be sufficient for the purposes of this
Section if given to the laid off employee via certified mail - return receipt
requested, to the last address of record.
17.3.3 Employees on the reemployment eligibility lists shall have the responsibility of
reporting all changes of address while on layoff status, to the office of the Fire
Chief, to assure that the last address of record is correct.
17.3.4 Upon receipt of the notice of opportunity to return to work the laid off employee
shall have seven calendar days to submit written notice of acceptance or
refusal of such opportunity. Failure to respond within seven calendar days
shall be considered as a refusal of such offer. The employee accepting the
recall offer shall be obligated to return to work no later than the eighth calendar
day after receipt.
17.3.5 If an employee who has been laid off is engaged in other employment at the
time he/she receives notification of opportunity to return to work, he/she shall
have an additional 14 calendar days to notify his/her employer of his/her intent
to return to the City. By the 19th calendar day after his/her receipt of the notice
of recall he/she shall be obligated to have returned to work or be considered to
have forfeited his/her employment with the City.
17.3.6 If contact is not made within seven calendar days between the laid off
employee and the City, in seeking to notify the employee by certified mail the
City shall contact the next senior employee on the reemployment eligibility list
to fill the available open position. The employee thus bypassed shall become
the senior employee next eligible for recall. If subsequently recalled and the
employee does not respond within seven calendar days he/she shall be
considered to have forfeited his/her employment with the City.
17.3.7 In the event a laid off employee, at the time of receiving a recall notice is
employed in an area outside a 70 mile radius of the City and is unable to return
to work within the time period designated in Section 17.3.4 of this Article, such
employee shall upon reasonable proof of such difficulty be bypassed and the
City shall contact the next senior employee to fill the available position. An
employee may so decline recall only once. If employee is SUbsequently
notified of recall and does not report to work within the time period designated
in Section 17.3.4 of this Article he/she shall be considered to have forfeited
l
17.3.8 Should all laid off employees decline their opportunity for recall as outlined in
the foregoing Sections, the City shall again proceed through the recall list, in
25
reverse order, to fill the recall needs. These employees shall be required to
return to work or be considered to have forfeited their employment with the
City. This process shall continue back through the recall list until all recall
needs are met. The provisions of Section 17.3.6 of this Article shall apply to
this process.
17.3.9 An employee who is reinstated shall receive credit for full seniority in service
time for the time on layoff and shall retain all sick leave and vacation benefits
accrued but unused at the time of layoff, if he/she has not been compensated
for such leave as provided for in Sections 17.1.6.2 and 17.1.6.3 of this Article.
17.3.10 An employee recalled from layoff shall receive the prevailing rate of pay for the
position to which he/she was recalled.
17.3.11 The City shall give the employee working in a lesser classification from that
position from which he/she was first laid off written notice hand delivered and
signed for of the opportunity to return to his/her original classification. Such
employee shall have four calendar days from the time of receipt of such notice
to submit notice of acceptance or refusal to accept reinstatement to his/her
former grade or be considered to have waived any further consideration to
such reinstatement unless otherwise agreed to between the City, the
bargaining unit and the employee.
1703.12 Laid off employees who are not to continue employment with the City in a
lesser classification shall be required, at the discretion of the Fire Chief, to
successfully complete a testing process, including medical examination, as
required for current employees in the City's physical fitness program as a
condition of returning to work.
17.3.13 If an employee is not recalled within three years from the date of the original
layoff, his/her recall eligibility shall be terminated.
18.1 Recognizing the importance of participation in free information flow, an information group
shall be formed to facilitate input into the decision making process. The purpose of
these meetings shall be to discuss problems and objectives of mutual concern not
involving grievances.
18.1.1 This group shall be composed of at least two representatives of Fire Department
Management and at least two representatives of the Union.
18.1.2 The Fire Chief may meet with the group as he/she deems necessary.
18.1.3 This group shall meet quarterly, or more frequently as the group deems
appropriate.
18.1.4 This group shall collect information, solicit input, and make recommendations to
the Fire Chief regarding:
26
18.1.4.1 Safety applications
19.1 Employees shall be allowed to exchange work shifts with other employees in
accordance with procedures established by the Fire Chief.
ARTICLE 20 - RATIFICATION
20.1 This Agreement has been ratified by the members of Local 2376 of the International
Association of Firefighters, and the City Council of the City of Thornton.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement as
of the date hereof by their respective representatives dUly authorized to do so this
___ day of _
By: ~ By: _
City Manager President
ATTEST: ATTEST:
By: _ By: _
City Clerk Secretary
APPROVED AS TO FORM:
By: _
City Labor Attorney
By: _
City Attorney
27
JAN UARY 1, 2009
P-AY-·S-G-RE.Q.Y.b!E.
61,569 5,131
HOOfS vlorked per year-------.. ~·--_· . -~·g.2G_hr8 (2080 11m for 40 hourfweek)-p.er-yeaF
t3ase.. .f.!BlMty-Fate----..--=-·-··-·---·--AFtfH*a~ . ·efH:;e·f.}a-~ ..By-..292G..{2OSO}--Af-s
28
4·;---···-·--·_·AA.y-F-4f~~+-{)f-H,,-woo,,4s-ass·~ed·..te-wefk-··ffi.-a-·fH§-hBf-i-aA·k-witfti·n tho bafgaiH-H:lg
unit shall be paid, in aggi~q. his or her regular pay, ton percont (1 Q%) of his/her base
salary for the time ho/she--a8ts-1A-.tfie-rugher rank, and the provisions of Article-1-1.2.2 on
Out of Class pay shall not apply-:
7. ,AiRY employee who is assigned by the Fire Chief o~':j regular 40 hGHf
position shall be paid -at: a base rate of five peH~-effi+~-ab0vo tho omple-y-e&-6 regular
ease- rate. 1=hi& pFe-V4S+GA--G9e&-fl.ot ~ Ppi Yte-a-A-em~}g.yee-woo-i&-tempeffirHy-a&St9fl-e4-t-e
a-4G-1:lour per 'Nook scR-e-Gulo. Temporary assignment rrtay4Rclude an assignment to-a
4G-I:tGHf-~f-fe.&&·#ta-A-four (4) \lveeks in duration 0 r-af-W-+i~t~. .,assfg·n·mBRt--;
29
APPENDIXg8
JANUARY 1, 2Q4.G2011
PAY SCHEDULE
Annual Monthly
Base Pay Base Pay
Hours worked per year = 2920 hrs (2080 hrs for 40 hour/week) per year
Base hourly rate = Annual base pay plus annual longevity pay divided
by 2920 (2080) hrs
Hours worked per year = 2920 hrs (2080 hrs for 40 hour/week) per year
Base hourly rate = Annual base pay divided by 2920 (2080) hrs
2. After a Firefighter has completed one year of service, he/she shall be required to take an
examination for promotion to the Firefighter III level. After a Firefighter has completed
two years of service, he/she shall be required to take an examination for promotion to
the Firefighter II level. After a Firefighter has completed three years of service, he/she
shall be reqUired to take an examination for promotion to Firefighter I level.
3. For all employees not holding the rank of Paramedic, a Paramedic certification which is
accepted and approved by the Chief and Medical Director shall result in a five percent
(50/0) incentive pay adjustment to the base salary for the Firefighter IV, III, II and I rank
only except that when the provisions of paragraph 4 below are applicable, the employee
shall not be paid the incentive, but shall receive the higher rate specified in paragraph 4.
30
4. Any Firefighter IV, III or II who is assigned to work in a higher rank within the bargaining
unit shall be paid, in addition to his or her regular pay, ten percent (10%) of his/her base
salary for the time he/she acts in the higher rank, and the provisions of Article 11.2.2 on
Out of Class pay shall not apply.
5. Any employee holding the rank of Paramedic who is assigned to act during a given shift
as the Engineer or any employee holding the rank of Engineer who is assigned to act
during a given shift as the Paramedic shall be paid for the time he/she acts as
Engineer/Paramedic at a base rate which is six percent (6%) above the base pay of an
Engineer, and the provisions of Article 11.2.2 on Out of Class pay shall not apply.
7. Any employee who is assigned by the Fire Chief or designee to a regular 40 hour
position shall be paid at a base rate of five percent (5%) above the employee's regular
base rate. This provision does not apply to an employee who is temporarily assigned to
a 40 hour per week schedule. Temporary assignment may include an assignment to a
40 hour position of less than four (4) weeks in duration or any light duty assignment.
31
COUNCIL COMMUNICATION
Meeting Date: Legal Review: Work Plan # Agenda Location: Agenda Item:
1" Reading __
May 11, 2010 2"' Reading __ ~ Action Items lOB
Subject: A RESOLUTION APPROVING THE 2010-2011 WORK PLAN AND ACCEPTING THE
SUPPLEMENTARY LIST OF COMPLETED/ONGOING BiNCHMARKS FROM THE 2009-2010
WORK PLAN. #
Prepared by: Robb Kolstad Approved by: Jack Ethred~h Ordinance previously introduced
Reviewed by: Joyce Hun~resented by: Jack Ethred;l/
by:
. City Manaoer
KEY CONSIDERATIONS:
o City Council and staff developed the 2009-2010 Work Plan for the five high-priority goals identified
by City Council in February 2008 and reaffirmed in February 2009, including Urban Revitalization,
Economic Development and Job Creation, Green Thornton, FasTracks, and Thornton Cares.
o City Council and staff updated the 2009-2010 Work Plan in February 2010 to reflect new objectives,
actions, and benchmarks. In addition, the FasTracks goal was changed to Transit and
Transportation and two new goals of Employee and Community Recognition and Ongoing Services
were added to the Work Plan.
o Included with the 2010-2011 Work Plan is a list of Completed/Ongoing Benchmarks from the 2009-
2010 Work Plan representing items that have been completed or integrated into existing service
levels. Benchmarks identified as "ongoing" will continue to be reported to City Council periodically
through the Level of Service Report.
o The Work Plan:
>- serves as the guide to achieve the high-priority goals and identifies the various actions (interim
or final steps) that will be taken to move toward achieving the goals.
>- includes benchmarks by which to measure success and/or progress made toward achieving the
goals.
>- includes an estimated timeframe, by calendar quarter, when interim reports, policy decisions will
be brought back to City Council or when achievement of the action is completed.
>- reflects the high-priorities that City Council desires to achieve in addition to providing ongoing
services.
o The Work Plan is a living document and dynamic plan that may be revised as new challenges or
opportunities arise.
o City Council will periodically review the Work Plan and benchmarks to evaluate progress made
toward achieving the goals.
BUDGET/STAFF IMPLICATIONS:
o The 2010 Budget provides for carrying out the high-priority goals and associated objectives. The
2011 Budget will consider these existing high-priority goals as part of the budget process.
RECOMMENDATION:
o Staff recommends approval of the resolution establishing the 2010-2011 Work Plan in order to
provide a written guide to achieving City Council Priorities identified at the City Council Advance.
RESOLUTION
WHEREAS, City Council met in February 2008, 2009, and 2010 to identify the high
priorities and set the strategic direction for the City of Thornton; and
WHEREAS, City Council and staff developed the 2010-2011 Work Plan to serve
as a guide to achieving the high-priority goals of City Council and to measure success in
achieving these goals; and
WHEREAS, the 2010-2011 Work Plan identified benchmarks over this tirne period
as to when certain actions are expected to occur in order to carry out the Work Plan; and
1. The 2010-2011 Work Plan is hereby approved as the guide to achieving the
high-priority goals of City Council which are in addition to the provision of
ongoing services.
2. The City Council will be provided regular updates on the progress toward
meeting the benchmarks identified in the Work Plan.
4. The City Manager is authorized to take all steps necessary to carry out the
work, strategies, and tactics necessary to achieve the goals of the Work
Plan.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Thornton, Colorado, on .2010.
ATIEST:
2
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2010‐2011 Work Plan
Fiscal Notes
URBAN REVITALIZATION
Develop a strategy to redevelop and revitalize South Thornton
• 8.0: Develop an implementation plan to preserve Lambertson Lakes for consideration in the 2011 Budget.
Improve the aesthetics of key entryways into the City
• 13.0: Present 104th Avenue and I‐25 Interchange entrance sign options to City Council for Funding consideration.
• 18.0: Identify additional key entryways and potential aesthetic improvements for consideration by City Council.
Reduce impact of noise on neighborhoods adjacent to major arterials
• 46.0: Identify options available to reduce noise and present to City Council.
ECONOMIC DEVELOPMENT AND JOB CREATION
Implement the North Washington Subarea Plan
• 72.0: Develop an implementation strategy to improve infrastructure and foster development of a future employment center in northern Thornton
(some funding available through the Urban Renewal Area).
GREEN THORNTON
Increase energy efficiency and decrease energy consumption at City facilities
• 94.0: Analyze the results of the energy efficient parking light pilot program and consider implementing the next phase of improvements in the 2012
Budget.
Increase City fleet fuel efficiency
• 97.0: Identify fleet replacement green opportunities in the 2011 Budget.
2010‐2011 Work Plan
Fiscal Notes
• 100.0: Evaluate implementing Phase 2 GPS system as part of the 2011 Budget on non‐snow and ice response vehicles.
Establish programs that reduce the City’s carbon footprint
• 107.0: Review the Five Year Green Plan and performance benchmarks with City Council for implementation commencing in 2011.
• 118.0: Determine the impact of the Complete Streets program to Thornton and identify potential changes to comply with the new standards.
TRANSIT AND TRANSPORTATION
North Metro Line is constructed within original planned timeframe
• 135.0: Consider local Quiet Zone Designation improvements as part of the 2016‐2017 Capital Improvement Budget.
• 136.0: Consider traffic calming and land acquisition around 124th Avenue and other Transit Oriented Development (TOD) stations (2011‐2016 Capital
Improvement Budget).
EMPLOYEE AND COMMUNITY RECOGNITION
Institute a pro‐active wellness program
• 157.0: Discuss pilot program with City Council for consideration in the 2011 Budget.
ONGOING SERVICES
Address challenges in other service areas
• 240.0: Apply for the SAFER grant for Fire and EMS personnel and evaluate the long‐term cost impact.
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 1 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 3 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 4 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 5 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 6 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 7 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 8 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 9 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 10 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 11 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 13 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 14 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 15 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 16 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 17 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 18 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 19 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 20 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 21 of 22
City of Thornton *These were benchmars identified
in the 2009‐2010 Work Plan and
2009‐2010 Work Plan ‐ Supplemental List of Completed/Ongoing Benchmarks* have been incorporated as ongoing
Done: Benchmark was completed and will no longer be reported
April 1, 2010 Ongoing: Benchmark was completed and will continue to be reported through the Level of Service Report 22 of 22