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HomeMy WebLinkAbout1969-09-02 (Regular) Meeting Agenda Packet- . , .. • • • 0 - September 2, 1969, Regular City Council Meeting ,_ • .. • • • • RESOLUTION NO. 30 OFF I CIA L CITY CO UNCI L D O CU ENT f 'l ......... ... ~~fl ? ';-)0, , SERIES OF 1969 . ' COU NC IL i·;r., ... 3 1 I LE CITY O F EN GL EWOOD. COLO . RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1/ , 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT WHEREAS, Article XX of the Constitution of the State of Colorado and Section 8 of the Charter of the City of Englewood, Colorado, authorize the City Council of the City of Englewood, on its own initiative, to submit to a vote of the electors any proposed amendment to said Charter, either by ordinance or reso- lution duly adopted not less than thirty (30) days prior to the election at which such vote shall be taken; and WHEREAS, as a result of certain recent decisions rendered by the United States Supreme Court, relating to the qualifica- tions of voters in elections in which bond issues are involved, City Council deems it appropriate to refer to the qualified electors of the City of Englewood, for their consideration, a proposed amendment to Article X, Part III, Section 104 of the Charter of the City of Englewood, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: 1. That this Council should, and does hereby, refer to a vote of the qualified electors of the City of Englewood, Colo- rado, at that general municipal election to be held on Tuesday, November ~ , 1969, a proposed amendment to the Charter of the City of Englewood, Colorado, which amendment shall read as follows, to wit: Article X, Part III, Section 104, o f the Charter of the City of Englewood, Colorado, is hereby amended to read as follows : "Section 104. General Obligation Bonds--Indebtedness and ob- ligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have power to issue general obligation bonds of the City for any public capital purpose, upon majority vote of the qualified electors of the City voting thereon at a special election, provided, however, that water extension and water improvement bonds may be issued without an election upon a determina- tion to that effect by Council. The total out- standing general obligation indebtedness of the City, other than for water bonds, shall not at any time exceed three per cent (3%) of the assessed valuation of the taxable property within the City as shown by the last preceding assess- ment for tax purposes. Maturity dates and terms of the bonds, other than water bonds, shall be as provided in the proposition submitted to the qualified electors. Water bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds." 2 . That the question to be voted upon at such election shall read as follows, to wit : . , I • • ·' I ! I 'f - ., ... - • • "Shall Article X, Part III, Section 104, of the Charter of the City of Englewood, Colorado, be amended so as to authorize all qualified electors to vote upon the question of the issuance of gen- eral obligation bonds of the City of Englewood, Colorado, rather than limiting the franchise in such elections to the taxp,aying electors of the City, as is now provided?' 3. That the City Clerk and Election Commission of the City of Englewood, Colorado, are hereby authorized and directed to take such steps as may be necessary to assure that said ques- tion shall appear upon the ballot at said election and, in re- lation thereto, to exercise such powers and prerogatives as are granted to them by Article II of the Charter of the City of Engle- wood, Colorado. Attest: /~ I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood do hereby certify that the above and foregoing is a true, accurate and complete copy of a resolution passed by the Cit~ncil of the City of Englewood at a regular meeting held on 'n7.4z??d..<Z · ,Q , ~ I . • - • • c OFFICIAL ITY CO~~c;:.'!;-" O?CU MENT sr:p ? ·sg COUNCIL t-.lc.. _r ,,.JC FILE /.~ITY O F ENGLEWOOD, COLO. I .. T.tuOtlCEu AS A u !LL IJY l.O U.;l.TL ,;l.l_q@"2_(. _ ---------_ 'Y t .UTH1RITY ORO I.:J:..lCC .10 . ?., , Si:RI ES OF 10C') ·,, uKOI.u'\1lCE Ctl11 GI.1G Ttl:: .. ~~~~ u F T11liS P)Hiu•~S u F T !AT ST E T .IThlll Hi: CITY uF t., ~1LE. J..,J, l.vLJ "hLlJ , Pk ;>t l TLY ,:,O.J" AS ' 1 SC.UTil Pt:CJS ST Kr. r " FRJ I r: t P J J,T J F ITS IhTt • s .. t.TI C•· JITrl ·.!ES TuFTS ,, Vi:, L t T C Hr. P u !.1 T G F ITS I .. T.: k S.: l. T I 0 .I U Tf1 H-CITY LI "ITS 0 F T.l-CITY uF t GLE..J01..J 1111u T•t vSt Pu"Tlu1 S t)F 1 HM T ST" O:T PRI:. E TL Y ,( .. :i~l.l ,5 1'SUUTH St\,,T/-1 FL 1-\,.t. 1 I il l I THE UTY CF b,GLE"00 , C0U.ntdu, F ,{Q i ITS I.ITL!,SECTIJ,. •. IT 11 •. EST TUFTS 1'.VE1t UE Tu ITS J ,.T · RS CT JJ ,, UITd I .. ST 't.,Y::J, .,J.., .J ... TJ S•JUT.I Ll••vEr<.olR ST t{EET , [1-FL C l V t. 1 : u 1 h . 1·•. u" tl L F I (5 T .. mY F J A .. i.Jt\~ Y , L 71 . t)E IT Q, Oh l ollov GY Toli: CITY ~.-CU14 l.IL •.I F THE CITY CF t..,G L E.~lJOu, ~.-JLJ :,r~JO , t nat effect iv e 1 2:J l "· '· on tne fi r st day of January, 1 J 71, t 110se po r tions .Ji t.li n 1:ne t.i ty of t.n~l e.tood, ~..ol ora do of tr.a"t: street p resently :-no11n as :::.out~o Pe cos S reet, fro M its inte r sect io n ~i tn tnat street kno 1 as ''.est Tu fts Av enue so therly tote po in t of its inc e rsection •1i ti1 t he Cit y Li its of tne City o f tngle~ood an a t1ose po rtion s wit h in the Ci ty of !Ong l ~I IOod, Co lor ado of t hat st r l.!et p res ent ly kn o··m as So ut rl Santa Fe Lane ", fro r1 its inters ect ion .zit t i at str et kno11n as ·est ufts il venue " to its inters_ctioto wit '1 t i1 at st r e t kno zn as "',,est Ke nyon h ven ue , shall oe r narued , and t 11e r ea ft e r r efe rred t o as," ou th \!in e r n.e r Street . Introduc ed , r ead in full and passed on first r ead in g on t t1C _i%__day Of U!]USt , l:.~vJ. day day P uo}]s h e in full as a .. ill for an lJ r d i na nce on the of ,1///f"!Y 1 ; I)" • t{e ad iJY tit l e and passed on final r ea i nn on the d__ of ~ J l JoJ . l ~ L l ' -T•ayo_r" __ _ ,.ttest: (- I, Sten•H~n t;. Lyon, o . r eLly certifv that t he a ove and fure g oir n is a true, accurate and co mp le e cop v of an rdinance p as e d on f i n a 1 r ca~ i n, and r u !> 1 i s h c d o y tit 1 e as 1 r d i n an c e .o. :·ll .~e ri esoflJoJ . I • • I '! - • • OFF ICIAL: CITY COUNCIL OOCUME T r·• ·• ... -" r o ? '",1 COU NL. L .' , r1 LE CI"I.)'. OF: ENGLl. \OOD, CO LO. INTRODUCED AS A BILL BY COUN CILMA N __ ___:"__:..f _______ _ By Authority ORD INANCE NO . Jc;, , SERIES OF 1969 AN ORDINAN CE AUTHORI ZING AND RATIFYING THE EXECUTION BY THE MAYOR AND CIT CLERK OF THE CITY OF ENGLEWOOD OF AN AGHEEMENT WITH HERMAN OLINER , BESS OLINER AND ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AF ORESAID INDIVIDUALS CERTAI N REAL PROPERT Y LO CATE D \HTHIN THE CITY OF ENGLEWOOD FOR A PERIO D OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OP - TION TO PURCHASE SAID REAL PROPERT UPON THE TER~ili AND CONDI - TIO S THEREIN CONTAINE D. WHEREAS, Herman Oliner, Bess Oliner and Robert Ol iner, as the owners of that real property located within the City of Englewood, County of Arapahoe, State of Colorado, described as follm-1s, to wit: All of Block 16, Englewood , including the vacated alley in Block 16 , together with all improvements and equi ment located thereon , have previously offered to lease said property to the City of Englewood commencing on the fir s t day of March 1970 and con- tinuing to the first da y of March 2005 at and for a monthly rental of $1100 .00 p er month and have, in addition, offered to grant to the City of Englewood the right and authority to pur - chase all of said realty at a pr ice of $2.50 p er square foot at any date after March 1, 1990, subject to the prov isions and conditions set forth in that certain written Agreement signed by the said parties and by the Mayor and City Clerk of the Cit of Englewood, bearing the date of Jun 16, 1969, a co y of \vhich document is on file in the office of the Director of Financ e and which is available for ublic inspection, and \VHEREAS , this City Council has heretofore officially approved and authorized the execution of such Agreemen t between said Mayor and City Clerk , and \VHERE AS , in order to assure that the said Payor and City Clerk had authority so to do, it has been suggested that the execution of said Agreement by the said Mayor and City Clerk be formally approved and ratified b the enactment of an ordinance , OW , THEREFORE, BE IT OR AINED BY THE CITY COUNCIL OF THE CIT OF ENGLEWOOD, COLORA DO, as follows : Section 1 . The execution of the hereinabove described Agreement by the Mayor and City Clerk of the City of Engle - wood is hereby fully ratified and conf i rmed with the same force and effect as if authorization for the execution of such Agree- ment had been given to said officials by the passage of an ordinance approving the same prior to their execution of said Agreeme nt, and the provisions of the hereinabove described Agreement are hereby further approved and accepted . Section 2 . Nothing herein shall be construed to create any obligation upon the City nor created by said lease and option agreement and nothing herein shall be construed to I . • · . . , • • mo di fy or t o ame n d , in any way , the pr ovision s of aragra ph 9 of said Leas e and Op tion Ag reement. Intro duced , read in fu ll and pas s e d on firs t reading on t he r--day of Augus t , 1969 . Published as a Bi ll f o r a n Or d inance on the ~~ day o f Aug u st, 1 9 69 . Re ad b y title and passe d on final reading on d a y o f t, 196 9 . ...,._:.A:...lV;.' ,.7":Jdt-. (.... Pu b lished ~ title as Ordin ance No. 3 C 1 969, on the K_ day of \dy;;?-m/kz ,1'9"69 . Attest :~ ~4? the :;2 , Series of I , Stephen A. Lyon, do hereby certify that the above and foregoing is a t rue, accurate and com p lete copy of an Ordinance passed o n fin a l reading and publ i shed by title as Ordinance o . jC) , Series of 1 96 9 . . .... -2- ·~ I . • 0 • • OFFICIAL CITY CO U <I L f'OCU MENT ~ro ? ' 9 COU NCIL ''''"': : ... 0 f-ILE CIT'{ OF ENGLEWOOD, COLO. INTRODU CE D AS A BILL BY COU NCILMA N _P:...A:.:.:R:.:.:K.:.:I:..:.N~S..::.O:.;,N ____ _ B g oRITY OR INANCE N0 .7/, SERIES OF 1969 AN ORDIN ANCE APPROVING AND RATIFYING THE PER FORMANCE B GUILDNER WATER AND SEWER COMPANY, BY DANA KEPNE R A D BY WINSLOW CONSTRUC - TION COMPANY OF CE RT AI N PUBLI C WORK WITHOUT THE RECEIPT OF COM - PETITIVE BIDS THEREFOR AND AUTHORI ZING THE DIRECT OR OF FINANCE TO PAY THE SUMS OF $935 .00 TO GUILDNER WATER AN D SE l-lER COMPANY, $640 .05 TO DANA KEPNER AN D $2 ,35 3 .72 TO WINSLOW CONSTRU CTION CO. WHEREAS, Section 116 of the Charter of the City of Engle - wood provides that no capital improvement, costing in excess of $1 ,000 .00, shall be contracted for , except upon the basis of specificat i on s properly submitted and approved for which competitive bids hav e been advertised for and received, except that when Council deems the same expedient, contracts for ub - lic works or improvements may be negotiated, rovided that con- tracts for which no competit i ve bids have been requested s hall be invalid unless accepted by ordinance which shall declare the reason for exception to the competitive bidding requirement, and WHEREAS, there recently \-las found to exist a leak in one of the City 's sewer lines of a nature \o7hich resented a serious health problem, an d \mEREAS, in this emergenc y situation the )irector of Utili- ties authorized the following parties to erform certain work thereon having a value as set forth below: and, Dana Kepner Guildner \-later and Sewer Com any inslow Construction Com p any Total $ 640 .05 9 35.00 2,353 . 72 $3 ,928.77 \-IHEREAS , the matter now having been fully presented to Council, it is Cou nc i l 's i n tent and desire full y t o ap rove and ratify the authorization for the performance of said work and to authorize the ayment of said s ums to sa i d arties . 'K'W, THEREF ORE, BE IT OR AINE I) BY THE CIT COU CIL OF THE CITY 0 F ENGLEWOOD , COLORA 'O , as follows· Section 1 . For the reasons set forth hereinabove, Council hereby determines that there are g ood, sufficient and expedient reasons to have the hereinabove described work performed without the receipt of competitive bids and Council does hereby fully approve and ratify , with the same force as if Counci l had originally a proved the same, the contracts for the performance of such work heretofore entered into by the Director of Utilities of this Cit y . Section 2 . Cou nci l hereby auth orizes and directs the J irector of F inance to pay to the following parties the following amounts, wh ich Council finds to be the reasonable value of he I · • . • \ ! I '! - • • services and materials r endered by said parties in the per - formanc e of the hereinbefore described contracts: the day day Dana Kep ner Guildner Water and Sewer Com pan y Winslow Con struction Com p any Tota l $ 640.05 9 35.00 2353 .72 $3928 .77 Introduced, rea~in full and passed on first reading on ' day of/U'j:!PL 2 -I· , 1969. Published in full as a Bill f or an Ordinance on the ~ of/?//;j2z ;/~ , 1969 . y title and passed on final reading on the ~·~'i~---­ ~~~~~~-· 1969 . Published ?J title as Or dinance No. ~ 1969, on the -~ day o~4 zndc 19~ • , Series of Mayor · I . Stephen A . Lyon, do hereby certi fy that the above and foregoing i s a true, accurate and complete co py of an Ordinance passed on f inal reading and published b y title as Ordinance No . -3 I , Series of 1969. .. ..... -2- I . • f • • OF FIC IA L CITY COUN CIL DOCU MENT P. .. •r "ITt') CO U~· CIL ~ ,[..,_! .... G FI LE I2 ~0c :Y,.0TOF ENGLCWOOD, COLO. r . T .. eouc::u As r ..:ILL .,v c..t .... cr L .~,.· _ ~--f_J-__ '" c ur .. r" ct: Kl uiiT OF ;,.y w' IT! .. T B ST 1Tc. uF C L .,y AUT 'fiK ITY llf<D !idl CE .. J . ). , SEP.I ES OF 1)69 Vf Ct.TI ,; , Ct;HIIl Pt.:ulll. ALL Y, ACCESS ,..y Qi{ P '[SL T Y ~" ST! .. :l tl iT HI , Ll uCIZ 4, bl Crt' '\D'J,Y,~I'l.T.,. S ... l..•u FILI.G, CITY CF L L ... OJ , R "S , ~· _r.e 1J r "'~ent l ~· ~xists a puo li c alley or ri n.1 t of ~ay adiacent to Lots 1 3 and J:, .,loc k 4, Birc h's .Gd iti on to ... roa u.Ja} '-=i gtts , Seconu F ilin 9 , City of Cnr'le ,t oo d, Coun y of , r a a 1 o ~ a .1 d ~tat~ o o 1 or ad o , an d lnrli:' t.',S , ne P lan in anJ ;:o nin £ Conm i ssion of t.,e \.ity of nnle ·ood .tas te r~tofor -r ~co tH:ended that ti1e alley le rein- aoove desc ri ~o D':! vacateu· and .lHr:.hE~-.5 , tne o •·me r of ot 17 c>loc k 4, n irc h's ,edit io n to u roa dway :e i gn ts, Second F ilin r', City of En q le 1ood, ... aunt ·• of ~ra o a n o , and State o f olorado, and t he east 4~ f ee t of vacated South u rant St r eet adjac.:!nt to sai C: Lo 17 on ,,e est ~as agreed to conve y sai d Lot 17 an d t e east 4J feet of vacat ed South Gr ant S treet ad ·acent to said Lot 17 on t11e test to t ile City of E n g l e•~oo d or to conve •t to t ne Cit y of Ln~ile 10od a pe r pe tual easel;lent acros s sai d, ro pe r t y; and UdER<:.hS , t .e af or d~sc ri.Jed alley no lon ge r se rv es any usefu l p urpose ;.,n d ·1 it n t.1 a foreuescri bed conve ya nce t 1e vacatio n of said alle y /ill not l ea ve an y r ealty a d 'oinin g said all ey l it.tout an esta)li s 'l ed 'luo lic ro ad con .1ectin 9 t1e said realt y •.t it ll anot :1e r esta..1 lis :1ed p uo lic road ; and HlCKE. S , t f e alley lle reinaoov d scribed is l'Jcatt:!d e ntire l y wit i n t~e City of np l ewood, Colorado, ano does not con titut e a oounda r y line be t 11een t i1e Ci ty of Eno le 100d and any cou nty or otner munici p ality . ,;J\, ncnE FQ,;E , u[ IT RD",I.lED BY T.1::: CI TY CQu;,CIL •J F THE C ITY JF ,,.,L E\1000, COLO ,AJCJ , as fo l l O':I S: Sect ion 1. Tnat t e t.e r einabo v e desc ri oe alle y loca ted in t ole City of l:.n g l ewood , -.ra anoe Cou nty, Co l o r ado, tle and t~oe s a ne is 1: re by v acat d . Section 2 . T 1at 11e afor~saio vacation Sloall not be ffecrrve-until sucu ti .cas t e r e is filet: lit i1 tne Cl e r !{ and corGer for tne Count v of ra oan oe, State of Colora d o, a d.,e conve y in c to t.1e .. ity-of Ln g l e,,cod Lot 17, t\lock 4, t:irc '1's dd ition to [roa d ay !le i iol.S , .)econd F ilin o , 1.i ty of Ennle •:ood, ~.ountv of, ra pao~oc ano .)ta e of C.oloraC:o, and t 11e east 40 feet of vacat.=c Sout" ';ra nt St r et a dja cent to sa i a Lot 17 on t ile ;est, or an instru ~ent conv ey in r to t ne City of Ennle wood a pe rp tua l eascn.:nt acres~ ~aiu r ea l propc r t·t . Introduced, r c:ac. i n full and p ass ed o n first reading on til~ ll da~l of Jt:H y , 1 vl . -./ ~?" Pu.>]i sl~d in full as a ui ll for an "r d ina nce on t 1e ::>< 1 / _ ua:' oftZ:,_ ~-, bG •. I • • f - • • Pu b li shed by titl e as Or dinance ,i o . .-3d __ , Se ri es of l 'J6J , on t he ~day of-, ~-11 Jbr, tJ l h~ 11ttest: ~·~s~u~r~~~r~~~~~~ 1, Step hen A . Lyon , do ne r eby certify t h at th e a b ove an d fore g oin9 is a true, accurate and co mp l ete co y of an v rdinance passed on final r e adin g and pub lis hed by title as Ordi nance l;o. :::,,1 , Se ries of 1 969 . i\ttest: ~/~_ ~r e~ • I •. I· • · . • 1 • • r::P '2 '69 COUNCI L !.<.:._:J. .G FI LE I dT..OlJUCED f,S f ILL !)'( C C.:C IL ', (\' ~IT( OF.: ENGLEWOOD,COLQ • . --k}_hOY'\~j --... - BY , UTIIORITY ORlJ I .iAdCE IJO . 7 , SE RIES OF 1)69 [,., CKlJ l 1 .c _ C TI ,~ • ~RTf !. PlJl)L IC ALLEY, ACC SS \111 Y 01{ RI GI T ~F \;,Y P .. St TLY ::X I <;f l oS IT ti i., BLOC 3, l "Ci 'S r.L.t .. I I ')i, T ~ JAu'nY HEIG>TS , Sr.cr,,., FILI.G L ifY F '-~L t'O , s T~ JF CJL Kf ,_; .. Til I I.·-· St. . .: .T F·J-'TlLIT IES . .. 1-"': S , t1er e p r esent l· ~x ists a !)UJlic al1zy or ri t of 1a y adjac •n t to Lots 1 t1 rou ~ lJ, inclusiv e , and Lots 3G t 1 rOU C1.l !JJ , inclu-iv .. , u lac r( 3, O::irc n 's .dd i t i on to t3 r oad lay .le i ~llt s, Sec o.1 o F ili n:', Cit v of _na l e 1oo d. County of 1ra jl a •10 an d S tat e of wolorauo and City .:11-t.• S , t.1~ l'la o nin o and .:onin 'l Co mm ission of tn of -nC'l <? 1oo d .as 11t.r ~tofor~ r e co m-, nde d tllat tne al l ey a ..1 ov e uescri u~d be vacat ed. and 11 e r e in - 'li _ L S, t1c: aforca .. sc ri cd alley no l on ge r s rv es an ~· us e ful r urpos e aolu t 1-vacation of sai t.l a ll ey l'l i 11 not l eave a v r ea l ty aujoinin 3 sa i d a ll ey •1 it1out an estau lis hed rJu J li c roa d conn e cti n t 1e saia realt y ·lit •1 anot h er esta b li s11ed rJUJ lic roa d; an d ~hE1lAS , the alley h ereina u ove d_sc ri Jed i s l ocate~ ent ire l y l'l it h i n tne C ity of t.n:J l e 1oocl, Colorado, and docs not constitut e a uo undary line betv1een t '1. City of r.nn l e"l ao d ad any county or ot1er muni ci pa l ity . . :v , Tl! ~;:F OliE , 13E IT fll{u/,I :lElJ Y rue CITY COU .l CIL OF T'lr. CI Y F [.,1.1 L EIOOD, C )LQ;"'lJQ , as fo ll o11S. Sect ion 1. T.Jat the l1e r e i nabove descriJed a ll ev loc ated in t h ecTt/-of-:.ngle ·load, Ara pahoe County , Co lora do oe and t n~ sa .e is .• ~ r e.;y vacat ed . ::.ection t.. lne r e is ncrcoy reserved fro r, t.1e vacation of t .at areaadjacent to Lots 1 t 'lrOU ':Jl l ::i, i nclusive, and Lots 3 J t .• rou CJ•l 5J, inclusive, b loc k 3 , an ease111ent in, t h roun n, over , ac r oss and unde r t he aforesa i d r ea l ty for se \'le r , <Ja S, 'l ater and si milar p i ep li nes, ao,u rt enances and ut ili ties , and fo r e l ectric, tel ep.1 one and sir.Ji l a r li nes, appurtenances and utili ies. Introducec., r ead in full and rJas sed on first r e adin n on t .1~ _i.::L_ day Of n Uf'USt, l Ji.~_,. day P u J liS .lcld in ful l as a 'ill for an ... rdina n c e on tne ~ of '/'a:f'ZJI , 1 J69 . Re ad uy tit l e and passed on final r eadinf' on t "Je ~ Of\; f.Ad/Jiat 1 JG9 . day / ? u"' 1 i s 1, e d .J y t i t 1 e a~ ~ i nan c: 11 o . -) 3 1 9uJ , on t 1e g_ day of ~.d);J&:~·l 1 36J . , Se ries of !- \ttest: I • • .• I ! I ~ - • • I, S te phen A. Lyon, do he r eby certify t h at the a b ove and for ego in g is a tru e , accurate an d co mp l e te co py of an )r d ina nce p as sed on f i n a 1 r e a d i n Q and o u a 1 i s hed by t i t 1 e as 0 r d i nan c e 11 0 . 3-3 , Se ri es of l JoJ . Attest: I· • . ' • • INTRODUCED AS A BILL BY COUNCILMAN ~t<c~, BY AUTHORITY L ORDINANCE NO. ii , SERIES OF 1969 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN ILOCK 3, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES. WHEREAS, there ppresently exists a public alley or right of way adjacent to Lots 1 through 15, inclusive, and lots 36 through 50, inclusive, Block 3, Birch's Addition to Broadway Heights, Second Filing, City of Englewood, County of Arapahoe and State of Colorado; and WHEREAS, the Planning and Zoning Com•ission of the City of Englewood has heretofore reco••ended that the alley herein- above described be vacated; and WHEREAS, the aforedescribed alley no longer serves any usefYl purpose and the vacation of said alley will not leave any realty adjoining said alley without an established public road connecting the said realty with another established public road; and WHEREAS, the alley hereinabove described is located enttrely within the City of Englewood, Colorado, and does not constitute a boundary line between the City of Englewood and any county or other auntt,pality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN&LEWOOO, COLORADO, as follows: Sectfon 1. That the hereinabove described alley located in the Cfty of Englewood, Arapahoe County, Colorado be and the sa• 1s hereby vacated. Section 2. There is hereby reserved fro• the vacatton of that area adjacent to lots 1 through 15, fnclusfve, and Lots 36 through 50, inclusive, Block 3, an easeMnt h, through, over, across and under t-e aforesatd realty for sewer, gas, water and st•tlar pteplfnes, appurtenances and utflftfes, and for electric, telephone and sf•ilar ltnes, appurtenances and uttltttes. Introduced, read tn full and passed on ftrst reading on the ~day of August, 1969. Publtshed tn full as a Bfll for an Ordinance on the ~ day of -:2 ,c / , 1969. Read by tttle and passed on ftnal readfng on the ~ day of '-y4 V.' . , • 1969. Published by tftle as Ordinance No. , Serfes of 1969, on the ~ day of , ,,/" 1,. 1969. ; I (. -t / Mayor Attest: I I ! I . • -• I, Stephen A. Lyon, do hereby certtfy th1t the 1bove 1nd foregoing fs 1 true, 1ccur1te 1nd co•plete copy of 1n Ordfn1nce p1ssed on fin1l re1ding 1nd published by title IS Ordin1nce No. , Series of 1969. At test : I . . ' ' '! • • I NTRODUCED AS A BILL BY COUNCILMAN /; ,(, < 4• BY AUTHORITY ... ORDINANCE NO. -1 ;,.L • SERIES OF 1969 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY. ACCESS WAY OR RI GHT OF WAY PRESENTLY EXISTING WITHIN BLOC K 4. BIRCH'S ADDITI ON TO BR ADW Y HEIGHTS. SECOND FILING. CITY OF ENGLEWOOD. STATE OF COLO RADO . WHE REAS. there presently exists a public alley or right o f way adjacent to Lots 18 and 33 . Block 4. Birch's Addition to Broadway Heig h ts. Second Filing. City of Englewood. County of Arapahoe and State o f Colorado ; and WHERE AS . the Planning and Zo ning Com•ission of the City of Englewood has heretofore recommended that the alley herein- above described be vacated; and , - WHEREAS. the owner of Lot 17 . Block 4 . Birch's Addition to Broadway Heights. Second Filin g. City of Englewood. County of Arapahoe. and State of Colorado. and the east 40 feet of vacated South Grant Street adjacent to said Lot 17 on the west has agreed to convey said Lot 17 and the east 40 feet of vacated South Grant Street adjacent to said Lot 17 on the west to the City of Englewood or to convey to the City of Englewood a perpetual ease .. nt across said property ; and WHEREAS. the aforedescribed alley no longer serves any useful purpolf and with the Cforedescri bed conveyance the vacation of said alley will not leave any realty adjoining said al l ey without an established public road connecting the said realty with another established public road; and WHEREAS. the alley hereinabove described is located entirely within the City of Englewood. Colorado. and does not constitute a boundary line between the City of Englewood and any county or other •unicipality. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as follows: Section 1. That the hereinabove described alley located in the City of Englewood. Arapahoe County. Colorado. be and the sa .. is hereby vacated. Section 2. That the aforesaid vacation shall not be effecthe unt11 such tiM u there h filed with the Clerk and Recorder for the County of Arapahoe. State of Colorado. a deed conveying to the City of Englewood lot 17. Block 4. Birch's Addition to Broadway Heights. Second filing. City of Englewood. County of Arapahoe and State of Colorado. and the east 40 feet of vacated South Grant Street adjacent to said lot 17 on the west. or an instru .. nt conveying to the City of Englewood 1 perpetual easeMnt across said real property. Introduced. read in full and passed on first reading on t he ' day of Jltlt • 1969. -/ _, Published 1n full u a Bill for an Ordinance on the __ /_ day of h-1 " • 1969. , • • • Read by title and passed on final reading on day of ~/q?-''.'l!<cl 1969. Published by title as Ordil)ance No. 2 J 1969. on the _ day of "~,:;J/ ;JJ1( .... 1969. I I 2· Attest: the _J__ • Series of I, Stephen A. Lyon, do hereby certify that the above and foregoing 1s a true, accurate and co•plete copy of an Ordinance passed on final reading and published by title as Ordinance No. -; _ , Series of 1969. Attest : I . . I ! ' f 'r • • INTRO UCED AS A BILL BY COUNCILMAN __ P~A~R~K~I~N=S~ON~---------- BY AUTH RIT Y ORDINANCE NO. S9-, SERIES OF 1969 R I. NCE APPROV ING AND RA TIFYING THE PERFORMANCE BY GUILDNER ~TE AND SEWER COMPANY, BY NA KEP NER AND BY WINSLOW CONSTRUC - TION C A 1 F CERTAI N PUBLIC WOR K WI THOUT THE RECEIPT OF COM- TITIVE 6I S THEREFOR A AU'IHOR I ZING THE DIRECTOR OF FINANCE '1 0 PAY SUMS OF $935 .00 TO GUILDNER WA TER AND SEWER COMPANY, $6 0 .05 TO NA KEPNER AN D $2,353 .72 T WIN SLOW CONSTRUCTION CO. WHEREAS , Sec tion 1 16 of the Ch arter of the City of Engle - wood provides that no capital improvement, cos ting in excess of $1,0 0.00, shall be contracted for, except upon the basia of apecification s properly submitted and approved fo r which competitive bids have been advertised for and received, except that when Council deema the same expedient, contracts for pub - lic works or improvements ma be negotiated, rovid d that con- tracts for which no competitive bids have been requested shall be invalid unless accepted by ordinance which aball declare the reason for exception to the com itive bidding requirement, and WHEREAS, there recent ly was found to exist a leak in one of the City's sewer lines £ natur which presented a erious health roblem, and REAS, in this emergenc y situ tion th ~!rector of Util i- ties authorize d h f ollowing parties to perform certain work thereon having a value as se forth elow: and, Dana Kepner Guildner Water and Se Comp any Winslow Co a r $ 640 .05 935 .00 p ny 2, 53.72 To ta l $3,928.77 WHEREAS, the matter now having been fully presented to Council, it ia Council's intent and desire fully to approve and rati f the authorization for the performance of said work and to authorize the payment of said sums to said partiea. en: , E IT OROAINE BY THE CI COLORA DO, aa follow.: CO CIL OF THE Section l . For the reaaona aet forth hereinabove, Council hereby determin s that there ar good, aufficient and expedient reaso s to have the hereinabove described work p rformed without the rece ipt of competitive bids and Council do a hereby fully approve and ratify, with the same force aa if Council had originally approved the aame, the contracta for th p rformance of auch work heretofore entered into by the Director of Utilitiea of thia City. Section 2. Council hereby authorize• and directs the Director of Finance to pay to the following parties the following amounts, which Counci l finds to be the reaaonable v lu o f the "' . I ' - • • s e rvice s and materials rendered by .s aid partie s i n the per- formance o f the hereinb efore d es cribed contract s: a na Y.ep er Guildner Water and Sewe r Company Winslow Construction Com pany $ 640 .05 935 .00 2353 .7 2 t he day Total Int r oduc e d, re a~ in fu ll and p as~ed da y of ( ///~Jn . :• , 1969. Publ is he d in full a s a Bi l l for an of , d L:'~L p , 1 96 9 . $3 9 28 .77 on first r eading on / Ordinance on the ~ e ad by title and pa s s e d op final reading on the ~·~'-J ____ _ da yof '-4 'c'<J .,.-;, .. ,, 1969 ., Publi s he rl by tit l e as Or dinance No. :f/ , Series o f 1969, on t h e day of...{,./•7 Jn,{· 19t)IJ. Attest : '/ /-(-' /-, • ) 1 . :" -.!~ ,.; '1 l , "_ -L ,...:....?-"_-·1 / A { c....:_ I <,/cr / City ClerkZ re!asurer I . St ephen A. Lyon, do hereby certify that the above and fore g o i ng i s a true, accurate and complete copy of an ordinance . pa ss ed on f ina l reading and published by title as Ordinance No. -' , Series of 1969 . Attest: -2- I • • • INTRODUCED AS A BILL BY COUNCILMAN __ .......::.........------- By uthority ORDI NANCE NO . , SERIES OF 19 6 9 AN ORDINANCE Al.IT HOR I ZIN:i AND RATIFY ING THE EXECUTION BY THE MAY OR AND CITY CIZRK OF THE CITY OF ENGLEWOOD OF AN AGREEMENT WITH HERMAN OLINE R1 BESS OLINER AN D ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORESAID INDIVIDUALS CERTA I N REAL PROPERTY LOCATE D WITH I N THE CITY OF ENGLEWOOD FOR A PERIO D OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OP - TION TO PURCHASE SAID REAL PROPE RTY UPO N THE TERMS AN D CONDI - TIONS THEREIN CONTAINED. WHEREAS, Herman Oliner, Bess Oliner and Robert Oliner, aa the owners of that real property l ocated with in the City of Englewood, County of Arapahoe, State of Co l orado, described &I follows, to wit : All of Bloc k 16, Eng l ewoo d, including the vacated alley in Block 16 , together with all imp rovements and equipment located thereon, have previously offered to lease said property to the City of Englewood commencing on the f irst day of March 1970 and con- tinuing to the first day o f March 2005 at and for a monthly rental of $1 10 0 .00 per month and have, in addition, offered to grant to the City of Engle•AOod the right and authority to pur- chaae a ll of said realty at a pr ice of $2.50 per s quare foot at any date after March 1 , 19 90, subject to the provis i on• and conditions set forth in that certain written Agreement aianed by the said par ties and by the Mayor and City Cler k of the City of Englewood, bearing the date of June 16, 1969, a co py of which do cumen t is on file in the office of the Di rect or of Finance and wh i c h i a available for public inspection, and WHEREAS , this City Council has h eretofore offic i a lly approved and authorized the execution of such Agreement between said Ma yor and City Clerk , and \fflEREAS, in order to assure that the said Mayor and City Clerk had authority ao to do, it baa been au&&eated that the execution o f said Agreement by the said Mayor and City Clerk be formally approved and ratified by the enactment of an ordinance, NOW , l'HEREF RE, BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLoRADO, a a follows: Section 1 . The execution of the hereinabove deacribed Agreement by the May or and City Clerk of the City of Engle - wood is hereby fully ratified and confirmed with the same forc e and effect as if authorization f or the execution of auch Aaree- ment had been g iven to laid offic ials by t he passage of an ordinance approvi the a prior to their execution of aaid Agreement, and th provisions of the hereinabove described Agr e ment ar h reby further approved and accepted. Sec tion 2 . Nothing herein shall be construed to create any obligation upon the City nor created by aaid lease and option agr euent and nothi ng herein aball be conatrued to ) I ' - • • modify or to amend, in any way, the provieiona of para&rapb 9 of eaid Laaaa and Option Agreement. Introduced, read in full and paaaad on firet raadin& on )-day of August, 1969. the Publiehed as a Bill for an Ordinance on the /~ day of August, 1969 . Read by title a nd pa ssed on final reading on the ~~;--­ day of nguat, 1969 . '< ~ by title as r dinance No. ay of --'""'-':....---"'-- ~( , Seri•• of 969 . / ' _; , ~ r': /e/.d'c? I ,... /' I, Stephen A. Lyon, do hereby certify that the above and foregoing ie a true, accurate and complete copy of an Ordinance paeaed on final reading and published by title as Ordinance No. --------~---------' Seriae of 1969. -2- I · • . , I '! - • • I NTR ODUCE D AS A BILL BY COUNC IL MAN. ____ ~~~,~~----------- BY AU T H O R~TY ORDINANCE NO. :Z.., , SERIES OF 1969 AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS •sOUTH PECOS STREET• FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY KNOWN AS •soUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET ", EFFECTIVE 12 :01 A.M. ON THE FIRST DAY OF JANUARY. 1971. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. that effective 12:01 A.M. on the first day of January. 1971 . those portions within the City of Englewo od. Colorado of that street presently known as "South Pecos Street". fro• its intersection with that street known as •west Tufts Avenue " southerly to the point of its intersection with the City Li•its of the City of Englewood and those portions w1thin the City of Englewood. Colorado of that street presently known as •south Santa Fe Lane •. fro• its intersection with that street known as "West Tufts Avenue " to its inte r section with that street known as "West Kenyon Avenue". shall be rena•ed. and thereafte r refe rred to as. "South W1nder•ere St r eet •. Introduced. read in full and passed on first reading on the _\_day of August. 1969. Published 1n full IS I Bill for an Ordinance on the ~ day of ~/,..~ • 1969. Read by title and passed on final reading on the _a__ day of (ci{ V1~ ~ 1969. } Published by title as ~dinanCJ No. .., / 1969, on the __ day of\ ... ,~~~?4>--'' u . 1969. • Series of I { J}. . {,. .// ~ ( ( Mayor Attest: I. Stephen A. Lyon. do hereby certify that the ab ove and foregoing is a true, accurate and co•plete copy of an Ordinance passed on ftnal reading and published by title as Ordinance No . I • Series of 1969. Attest: £{ , t t..C. )\. j II ' ) • ' r ' ' 'r • • 0 - DE N V8R REGIONAL CO UNCIL OF GOVERNMENTS :!-1 ;5 u·P.</ 21J ih at'fllllf ·drnur ·rol ora do ·li02 11 · · ·lflephollf t:IU;J ) 433-H9il 1 & 4;J :Hl935 August 28, 1969 Mr. Stanley H. Dial City Manager 3400 South Elati Englewood, Colorado 80110 Dear Mr. Dial: Cl'TY 1._01..0 Pursuant to the provisions of the Transportation District Act, Senate Bill 309, 1969 General Assembly, the Board of Co mmissioners of Arapahoe County have made the following appointments as directors of the District. To July 1, 1971 Mrs. James H. (Jean R.) Arthur 4855 East Vassar Avenue Denver , Colorado 80222 To July 1, 1973 John B.. Crowley 1645 E. Noble Pl. Littleton, Colo. 80120 The law requires that a majority of the towns and cities located within or partially within the county approve the appointments. In order that the organizational meeting of the District can be held, it is requested that your city coun c il consider these appointments and notify this agency as soon as poss ible of its action. Co rdially you~ ; ~ .I.~ K. Smith ecutive Director jks/rae Hvtrrt N A •rrlel Ho•ld, Ma rGt ,. .. '"".6111 Sa •{Ofll ,.,. Knlkrr J rl'fldU ('ri!HU"Ihu,. \' ('.h ltM II II f//r,. l.tntru•l"' Ali••' f'u f'~o~•• s,.,. T"rt" •:.\t:l:I'TI\t; IO MM ITTt.~ JoJu• I C/et~d,t .of'll .. fiJIHitllf' I 'll f'II IIUI , ..... , ... H tll14 a II Vr,\1 r lnl ~ Jr /Nrw n Jl•,or ,. r .. ., ••• flu-• lA•r•M, ·'"••• rn Co•• ;,.,.. f Jlwrpjr llo•ld, c .. t'••• t·,,.,,,., L H.-,,.,.,. .Jtlfn.o• c .. f'u•• HoiHrt 16: I( 11 tdl Hu ld, ,.,.,., I • • \ I I '!' • TO : City Manager S. H . Dial INTER-OfFICE MEMORANDUM • 0 • DATI: September 2, 1969 ~OM : D. A. Romans, Planning Director SIWECT : COUNTY COM11ISSIONERS' APPOINTIIENTS Mayor Schwab has been sent a letter in which the qualifications of the two appointees to the Transportation District Board are set forth, but I will list them herewith for your in- formation. Mrs . Arthur graduated from Smith College in 1950 and taught in an elementary school thru 1952. Her husband is a physician, and she is active in the Arapahoe County Medical auxiliary, having served as president in 1966 and 1967.· The Arthurs have five children, and Mrs . Arthur is active in the Holly Hills and Holly Ridge P.T.A. 's. She attended the National seminar on Urban Transportation for Tomorrow, which was held at the Hilton last May. (You may recall that Mr .Ha .. ond and I attended that seminar.) Her appointment is until July 1, 1971. Mrs. Arthur is not a member of the League of Women Voters. She is active in the Arapa~oe County Republican Party, and is a member of Mr. Hamilton's executive committee and is the campaign manager. Mr. Crowley graduated from Regis in 1953 and attended the C. U. graduat e school from 1955 thru 1963. He is married and has 6 childre n. He was the Director of Economic Development with the De nv e r Chamber of Commerce in 1963 and 1964, and was manager of Forward Metro Denver from 1964 thru 1966. He is now Vi ce P r es i d e nt of the G . M. Wallace Co. (Denver Technological Ce n ter). His a ppo i ntme nt i s thru July 1st of 1973. gw t.d~'la#S D. ANDREWS ROMANS Planning Director I • • I ! I '!' ' • • l.H I<ODUC S A b iLL BY COU NCIL MAN A BILL FOR COU NCIL Cfn: O F. ENGLL ·~ F;u:: • Ooo, COLO. Arl O~Dir1ANCE IIDD I , G TO TH E MUt ICI PA L CODE OF THE CITY OF Eti GlE 1WO D A Nn! CHAPTE R 6A TO E5 TAB LI SH P.E TI REMEN T A:lD PErlS I OH PaO GR AM FOR AL L PE RM ANE ~T. FULL TI "t EMP LOYEE S OF THE CITY, EX- CEP T PO LICE ~E N , PAIU FI RE ~·1 E I~ AN ·LECTE D OFFICI LS , PROV I DI 1lG FOR THE FI NANCl 1jG OF TH E SA ~1E .U.. 0 CREATI NG A RE TI RE,JEN T BO ARD FOR THE ADM I HISTRI\TIO OF THE SAtiE . llE IT OR DAIIIED BY THE CITY CO Ur CIL OF THE CITY OF EIH1 LE\IOOD, C LORADO , that th e Munici pal Code of t he City of Eng l ewood i s he r eoy a mended by t he addition thereto of a new Cnap t e r 6A t o r ea d as fo ll ows , t o-it: "Ch a p ter oA CITY OF Et GL WOOD RE TI REM~ T PL AU §6 .1 Es ta bli shment of the Plan and uefi nition s §61\.1 -1 Es ta b li shmen t of t h e Plan. The City of En ql e wood, Stat e of Co lorado, he r eby estabTTShes-a retirement plan for its emp l oyees as d es cri oe d he r ein , and whic h , as it may ~e he r eafter a mended from ti me to ti me , s h all oe known as t he "CITY OF EtiG LE. 000 RETIRE I'I EtH PLA,," (he r einaf ter r eh rre d to as the "P lan "). §6A .l-2 Def initi ons . lh eneve r used in t he Plan, t h e fo llowin q ter ms s a ll h ave the r es pective me anin qs set fort h be l ow unless the context clearl y indicates other 1se: (a) "Effe ctiv e Da t e of t he Pla n " sha ll mean Jan uary 1, 19 70 . {b ) "City " sh all Mean t he City of En q lewood, State of' Colorado. (c) "City Council w s h all mean t n e City Co uncil of the City of Enql ewo od, Stat e of Co l o rad o. (d) "Emp loyee" s h all mean an y pe r son e mp loye d oy t ne City on a pe r ma nent, full-ti me basis. n em ployee s ha ll be con s idered to be e mp loyed on a permanent, full -ti me b asis if h is custo mary em plo ymen t exceeds t we nty no ur s a week and five months a ye ar. For pur poses of t h i s Reti r eme nt P lan, policemen, paid fire men and e l ected officia l s sha ll not be considered to be e mp loyees . (e ) "H e mb e r w sha ll me an an y pe r son includ ed in the me mo er- sh1 p of t he Pla n as rovided in i 6A .2 he r eof. (f) • etirement Board• snall me an the board char ed it1 the q eneral ad min istration of the Pla n as set fortn in i 6A .10 h ereof. I . • ' • • (g ) "Com pensation " shall mean t he re g ular periodic com pensation paid to the Emp loyee, reflectin g t h e normal re gular salary or hourl y wage rate, in - cludin g longevit y co mp en s ation, before an y pay roll deductions for inco me tax, Social Security , g rou p i nsurance, or an y ot her pur po s e, b ut excludin g bo nus e s , e xtra pay , ov e rti me ay , contri bution s by t he City under thi s Plan, or f o r Social Security , g rou p insuranc e , retain e r s ' f e e under contrac t , or t he like. {h ) "C ontinuou s Service" sh all me an se rvic e ih ic h i s uninterru pted, or wh ic h i s inte rru pt e d onl y by pe r- mi s si ble brea ks in se rvic e a s provid e d i n §6A . --i (i) "P rior Service" s ha ll me a n t he pe riod of se rvic e r e nder e d by a n Emp loy ee prior to the dat e he be- co me s a Membe r o f t he Plan, for wh ic h cr e d it i s a llowe d. (j ) "Curr e nt Ser vi c e" sh all me a n t he pe riod o f ser vice r e nd e r ed by a n Employee a s a Memb er for wh ic h cr edit is a 11 ow e d . {k) "Cr e dit e d Se rv ice" sh all me an t h e s um of a ny Pr i or Se rvice and an y Curr en t Se rvic e , as f urt he r de f ined in §6A.~ her e o f . g - (1) "Plan Year" s hall me an t h e calendar y ear s tartin g Januar y 1 and endin g on Decem ber 31. (m) "Retirement Benefit" sh all mean an y retir eme nt be ne - fit provided for in §6A .6 he reof. {n) "Accumulated Contri butio ns " sh all mean the s um of a Me mber's contri butions to t h i s Plan to gether wit h interest thereon at t h e rat e o f 3 ~% per annu m co m- pounded annuall y . {o) "Retired Me mber" shall me an a for mer Memb er whos e em ployment has terminated by r e ason of retire ment and who is receivin g , or is entitled to receive, or whose b eneficiary or estate is entitled to r e ceiv e , bene- fit s under this Plan. {o ) "Vested Mem ber" s hal l mean a for mer Me mbe r whose em- ployment has terminated and who is ent i tled to r e - ceive the deferred Retirement Benefit s a s provided in §6 A. 9 hereof. (q ) "Ben e ficiar y " s hall mean t he person or per s ons who are s o desi g nated by the Me mb er, in the latest written no- tice wh ic h the Mem ber has filed with t h e Retire ment Board, to receive an y pa ym ent to wh ic h a ben e ficiary ma y become entitled und e r this Plan. (r) "Tru s tee" s hall mean t he tru s t e e referr ed to i n §6A .11. (s ) "In s uranc e Com pan y " sh all mean the in s ura nc e co mp an y r e ferred to in §6A.11. (t) "Fund " s hall mean t he Retirement Pl an fund es ta blis hed for the pur pose of providin g the benefits und e r thi s Plan as s pecified in §6A.ll hereof. -2- I . • I I I f '! • • • (u) "A ctuarial Eq uival e nt " sh all mean a b enefit of e quivalent valu e whe n co mp uted at the rate of i nt e r es t and on the ba s i s of mortality and ot h er ta bl e s last ado pte d by t he Retirement Board. (v ) The mas culin e pronoun whe rev e r used s hall be in- te r prete d to include the fem inin e , and sin g ular wo rd s to includ e t h e plural. §6A .2 ~em b ers h i p §6 .2-1 Emp l oyees El ig i bl e on Effective Dat e . Eve r y Em - pl oyee on Jan uary 1, 1970 , sh all be e li g i bl e forme mb er sh i p in the Pl an o n t hat dat e . Ea c h Emp lo yee, on J anuar y 1, 19 7 0 , may e lect to be co me a Mem be r of t he Pla n o n t hat dat e by pro pe rl y filin 1 with t he Re tiremen t Board, o n o r b efor e t hat dat e , t he for m of membe r- sh i p a g r e e men t f ur ni she d for t h at pur pose. Any suc h Emp l oyee who do e s not fil e t he for m o f memb er sh i p a qreeme nt on o r be for e t hat date may th e r e aft e r fil e s uc h membe r s hi p a greement and beco me a Mem ber on the fir s t da y o f an y s u bs e q ue nt month; b ut in s uc h ev e nt, suc h Memb er sh all not be gi ve n Cr e dited Se rv i ce fo r an y Prior Ser - vice, as defined in §6 A.3 -1 he r e in, in determinin g s ai d Mem ber's Credited Se rvic e under t he Plan. §6A .2-2 Emplo ye es Eli g i ble ... Emp lo y ee 11h o becomes suc h after January , Plan s hall be a condition of emp lo yment, and s uc h Emp l oyee sh all be re quired to com pl e te the for m of me mbe r sh i p ag r eemen t at t h e ti me of emp lo yme nt. Suc h Em ploy e e s hall be co me a Membe r on t he d ate of em - plo yme nt. ~6A .2-3 Te r mination of Me mb ers hip . Me mb e r s h ip in t he Pla n sh all t e r minat e upon termination of t he l·embe r's emp lo yme nt 1~it h t he City . §6A . 3 Se rvic e §6A .3-1 Prior Service. Prior Service shall include an y period of continuou s s ervice rendered by ~ Mem ber as an Employee of the City prior tor becoming a Me ber b.l..;u J r~· '· ' ·,#,~r· ,w. .. • { (.-,(, /1:~' v{.,/~ >-;.a. ,~,._ ~~ ,.. I~ 1..-r .. "J / d At i6 A.3-2 Current Service. Current Ser vice shall tonsist o al continuou s service of an Emp lo yee rendered between the date on whic h he fir s t be ca me a Me mb er under the Plan, and hi s normal retirement dat e , a s he r e after defined, or t he dat e of hi s termination of emolo y - ment wit h t he Cit y , whichever first occurs. §6A .3-3 Credited Service. Credited Se rvice, whic h ha s been d e fined in §6A.1-2 (k} as the su m of an y Current Service and an y Prior Service of a He mb er, s hall be t he onl y s ervice on the basis of 1h ic h ben efit s under thi s Plan sh all be determined. The Credited Se rvic e of a Memb er sh all be d e ter min e d by t he Re tir em ent Board in a no n-di s cri minatory mann e r a s provided he r e in. ~6A .3-4 Li mitation s on Cr e dited Se rvice. o pe riod of Credited Se rvi ce sh all be dee me d t o'De increas e d or extended by ov e rti me. Cr edit d Servi c e s hall not include an y period of ser- vic e duri ng wh ic h the Memb er is covered under an y ot her retirement o r pe ns ion plan, ot h er t han t he Volunteer Fi r emen's Pension Fund or OASD I, to wh ic h the Cit y makes contributions • I I -3- ' • • ,_ Credited Service shall not include any pe riod of time durinq wh ic h the Membe r is on an approved leave of absence or interruption of service as provided in §6A.3-5. ln determinin g Credited tional years shall be al~ Dn the asi year for each full ~ar mont h sue ~6A.3-5 Brea ks in Ser vice . If an y br eak or breaks shal l occur in the service Dr a Member, none of his servi c e prior to the last su c h break, whether Pr ior Ser vic e or Current Se rvic e, sha ll oe included in his Credit~d Ser vice. The Reti r ement Board shall ha ve the power to determine whe n a break or breaks in se rvice shall ha ve occurred and such determination shall be made in a non-discrim- inatory manne r. A leave of absence or interruption of service duly a pp roved by t he City ~1 anager and Boa rd of Career Se rvice Commis- sioners sha ll not be considered a brea k in service. All s uc h leaves of absence or interruptions of ser vic e shall be ap proved in a non-discriminato r y manner and for a specific neriod . Any Employee or an y Member who is on a leave of ab- sence on account of ente rin g into the mi litary servic e of the Unit ed States (includinq service in the United State s Merchant Marine in time of war) shall, in t he absence of reasonabl e justification for additional delay, return to the service of the City within ninety (90) days after the time when a di s c har ge from such military service was first available to such employee. In the event t hat a Membe r or Emoloyee does not return to the service of the City with in the time spe cified above, such leave of absence sha ll be considered a break in service. The perio d during any leave of absence or interruption of service shall not, however, be included in Credi ted Se rvice. !6A .4 Contri b utions ~6A.4-l Memb er Contributions . An Employee wh o is or sha ll be co me a Membe r sha ll, durinq his pe riod of Current Service in the Plan, contribute to the Plan by means of payroll deductions an amount equal to three per cent (3%) of h is monthly compensation plus one and one-ha lf per cent (1 ~%) of that portion of such monthly Compensation which is in excess of Five Hundred Fifty Dollars ($550.00). The deduction for any lon ge vity pay not paid on a monthly basis, s hall, neverthele ss, be com puted, for the purpose of this section, as if the same had bee n paid monthly durin g the y ear in wh ich earned. No Membe r shall be required or pe rmitted to make con- tri butions to this Plan durinq an y pe riod of employment beyond his Norma l Retirement Date or for any other pe riod of employment for which he is not receivin g credit for Current Service. ~6A.4-2 ~Con tri butions. The City wi ll, from time to time, at least annua~ make contributions to the Trust Fund to the ex- tent necessary to finance the benefits pro vided by the Plan on a sound actuarial b asis. The City expects to continue such contribu- tions to the Plan, but assumes no responsibility to do so andre- serves the ri ght to suspend or to reduce contri butions at any time. -4- -·--- \ I ! ' • • • , . ot 1~i t hstandinrJ any other provisions he reof, or any amendment he reto to the contrary, at no time shall any assets of the Trust Fund r eve rt to, or be recovera ble by , the City or ~e used for, or diverted to, uroo s es other than for the exc lu sive benefits of Members, Retired Me~b ers, Vested ~embers or their Beneficiaries under the Plan, except such funds which uoon termina- tion of the Plan are in excess of the amount required to full y fund the Plan and are due to erroneous actuarial calculations. §6A.4-3 Application of Forfeitures. Any amount forfeited be- cause of the termination or-employment of a Member orior to h is ha vinf') acquired a fully vested ri qh t to Re tire men t Benefits, be- cause of the death of any 11ember, or for any other reason, shall not be a pp lied to increase the benefits whi c h wo uld otherwise oe payab le to any other '1embe r. The amoun ts so forfeited shall be applied as soon as oossible to reduce the contri butions rP.~uired to be made by t he City. §6 A.5 Reti r ement Dates §6A.5-1 Retirement Under the Plan . The orovisions he rein below contained relate solely to retiremenTUnder the Retirement Plan he re- in establis hed and nothinq here in contained sha ll be construed to re pe al, amend or modify the pr ovisions for mandatory retirement from employment wit h t h e City as contained within any other o rdinance of the City. ~6A .5-2 , ormal Retirement Date. The ilor mal Retirement Date of a liember shall be t he first da y of the calendar month coincident wi tn or next succeedinq his 65th bi rthday. §6A.5-3 ~Reti rement Date. A Member who has attained the aoe of fifty-five (55) ye ars andln.as completed 20 yea rs of Credited Service may elect to retire as of the first da y of any calendar month. §6A.5-4 Delayed Reti rement Da te. Every Mem er up on reachinn his Normal Reti re ment Date must retri="e under the Plan unless the City re q uests that he delay retirement until a De la yed Retirement Date. If such a De la yed Retirement Date is r equested by the City and the Member elec ts to do so, he may remain a Membe r of the Plan until such De lay ed Re tire men t Da te upon such terms as may bear- ran ged , b ut not beyond the first day of t he calendar month coincident with or next succeedinq his 70 t h bi rt hday . His "De layed Reti rement Date" sh~ll be the first day of t h e non t h , coincident wi th or next followinrJ t h e date of h is actual retirement. As a condition p rece- dent to continuanc e in em lo ym ent beyond the ~o rmal etirement Date, the t~ember shall file with the Re tire men t Boa rd the 1~ritten designa- tion of a Benefi ciary , whe t her or not t he Member elects one of the ootional benefi ts in accordance with §6A.7-2. §6A .5-5 Disability Retirement Date. Unon written aoplication to t e Retirement Board, a Member 1'1ifliat least 1 y ears of Credited Service and who has bec ome pe r manently incapacitated for t h e per- formance of duty from any cause shall ~e g ranted a Disability rte tire- ment. J h_ Disabi lity Retirement Date shall be the first day of a month coincident with or next followino the~\:. uppn which the disability is determined by the Retirenent ~~~ ~to ha ve occurred. The Retirement Boa rd shall have the sole authority to make the factual determination of eligibility of a Member for a Disability Re tirement, b ut such determination shall be made in a non-discri min atory manner and with competent medical advice. -5- f - • • ... ~6A.5-6 Re tire me nt Date. A Member's "Retirement Da te " sha ll be his Normal Retirement Date, h is Earl y Reti r em ent Date, nis De l ayed Re tire ment Date, or h is Dis a bi lity Reti r emen t Da te, whi chever is applicable . §6A .6 Re tire ment Benefits ~6A.6-1 Ho rmal Re tirement Benefit. Upon retirement at No r ma l Reti rement Date, each Retired Member shall receive a mo nt h ly Reti rement Benefit f or ten years certain, and life thereafter, e qual to one-twelfth the sum of the followinn: (a) (b) For Prior Service: The num be r of y ear s of Prio r Serv1ceCredited to hir>1, multiplied by the sum of of (1) one-ha lf of one pe r cent (~~) of his average annual Com oe nsation r e ceived dur1n the three y ears of service next o rior to Janu ary 1, 1970 , and (2) one-~ourth of one oe r cent("%) of that portion of s~c h annual Co mpe nsation in ex- cess of $6,600.00. For Current Se rvic e: (1) one pe r c ent (1 %) of hi s rOrnpensation duri ng each y ea r of Curr en t Se rv ice credited to hi m, plus {2) one-half of one pe r cent (~%) of that po rtion of such Co mpe nsation in excess of $6,600 .0 0 . Fo r any f r a ctio na l y ear of Current Se rvice the benefit amount co mp uted he r e under shall eq ual the s um of: (i) one per cent (1%) of his Compensation for s uc h fracti ona l y ear, and (ii) one-ha lf of one ne r c en t (~%)o f t hat po rti on of s uc h Compensation for such fractional yea r as shal l ex c eed the product of $550 .00 and th e numbe r ofvmon s ofls uc h frac ional y ~r. l ~ ... ~ 4.. ~ .vt-'1 §6A.6-2 ~Reti r ement Be nefit. 1\ Member retirin g nrior to his No r mal Ret~nt Date shal l be entitled to a r edu c ed Reti r ement Be nefit wh ic h sha ll be the Actuarial Eq uivalent of h i s No r mal Retire- me nt Be nefit which is ba se d on his Credited Se rvice pr io r to the date of actua l r e tir eme nt and which would have been payable to him at h i s No r ma l Re tirement Date. ~6A .6-3 Delated Re tiremen t Be nefit. A Mem be r retiring s ubse- q uen t ~o his orma Retir eme nt Da t e sha l l r eceiv e the same mo nthl y retirement be nefit a s that to wh ich he was en t it l e d at hi s No r ma l Retirement Date . ~6A .6 -f Disabi litt Re tirement Benefit . A '!e mbe r ·~ho has · beco me disa bl ed as stated in § A. b ut who has le ss than 10 y ear s of Credited Ser vi ce on t he dat e on which the di s a b li nq e vent occurs, sh all receiv e a refund of h i Ac cumula ted Contributions. s s- A Member who b comes disa l ed as stated in ~6A.5 and has at l east 10 y ears of Credited Ser vic e sh all be entitled , as L:? of h i s date of di sabi 1 i t y as determined by the Retirement lia 1 Uu .• e> .... , to th e Ac tuarial E~uivalent I tad ps of h is Normal Retirement Be nefit wh ic h i s based on h is Credited Service orio r to the date of h is disability and which would have been payab le to him at h i s ormal Re tirement Date. -6- \ I • • After con s id e rin g the Memb er's nee d s , t he Retire- me nt_. ....... ~ sh all det e r mi ne 1~he t h er the ~embe r i s t o r e ceiv e suc h Actuarial Eq uival e nt co mo ut ed as o f t he d at e of s uc h dis - a b ility , a s follo ws : (a ) as a Re t i r eme nt Benefit pay a bl e mo n t hl y for t he Me mbe r 's l ife, o r (b ) a s a Re tirement Be nefit pay a bl e mo nt h l y un - ti l deat h or the expi r y of a s t ated nu mber of ye a r s, wh ic he ve r occu r s f irst , or (c) a s a Reti r ement Benefi t oayab l e i n a s tat ed nu mb er of monthly pa ym en t s, o r (d) as a s i nq l e lu mp sum payme nt , o r (e) a s one of t he o t he r fo r ms o f pa ymen t s pr o- v ided in §6A .7 -2 . §6A .7 Payment o f Be nefits §6A .7 -1 Re tiremen t Benefit Payme nt s . Unl e s s o ptional Re tir e- men t Be ne fit payments a r e a pp l ica5 1e , t he Re tir eme nt Be n e f i t as p r o vid e d in §6A .6-1 sh all be paid in e q ua l mont hl y in s tall men t s a nd t he fir s t such in s t a ll ment s 1all be paid on t he fir s t da y of t h e mont h next succ ee din q t he mont h in whic h the R etir ~m ent Dat e oc cur s and continuin g at mo nt hl y i nt e rv al s for a period o f 11 9 ad d it iona l mont hs and for the Retired embe r's lifetime t her e after. The l as t benefit pay ment sh all be made on t he fir s t da y of t h e mont h of t he Retired Member's deat h , unl ess paym ents have been made for f ewe r t han 12 0 mont hs in wh ic h ev ent t hey sh all be c o ntinued to h is name d Beneficiary , ceasin g whe n a t otal o f 12 0 mon t hl y pa yment s hav e bee n made to the Retired Mem ber and h is Be nefi ciar y , co mb i~d. ~6 A .7-2 Optional Re t i r em ent Ben e fit Pa ym ent s Subj ect t o s uc h uniform rules and r eg ulations a s t he · e r em en may pr e- s cri be, a Mem ber may , in li eu of t he Retirement Be nefit payment s provided in §6 A.7-1, e lect on e of the follo win g for ms o f Op ti onal Retirement Benefit s , whic h sh all be t h e Actuarial Equivalent of t he benefit to wh ic h he would ot he r wi s e be e ntitled. The Me mb er mus t ma ke an y e l e ction of an o ptional be ne fit in writin g , and such elec- tion must be filed with the Retirement at lea s t 9 0 da y s prior to t he due dat e of the first oayment of etirement Benefits under t he Plan. The election of an option ma be c han .e d at an y ti me pri o r t o 90 da y s pr e cedi ng t h e du e date f t h ~~ir s t P)Yment of etir emen t Bene fit s under the Plan. ~ ~· f (a) Jo int and Survivor Benefit Op tion . A ben e fit whic h ~r o vid es-reduced mont h l y Retirement Benefit pa yments durin t he Retir ed Me mb er's life, and u pon hi s deat af t e r r et ire e n t, co nt i nu es payme nt s in t he s ame or a l esse r amo unt to a d es i g nated Ben e fic i ary durin g ( u ) the l i f e of s uc h Be n efi c ia r u~ prov i de d, howe ver, that t he designated Be ne f i c ia r f or an y 1oi n t and s urviv o r ben fit e l cted und er this §6A .7-2 mu st be the Me mbe r's spo u se . Lif e and Te rm Cert in enefit Option . A b enefit whi c h proviaes an--djusted month l y Re t ir emen t ene f it pay- ment d ur inq t he Reti re d Membe r's lif e , a nd u pon his d ea t h a f t e r r e t i r emen t wit hi n a speci f ied t e r m c e rt ain (s uc h term to be 5, 15 or 2 0 y ears a s elect ed y t he Memb er), co n ti nues pa yme nt s in the sa me a mount fo r t he balance of s uc h t e r m certa i n to a de s i g na t ed Bene f i ci a r y. -7 - ' • (c) (d) • Soc ial Se curit ~ Ad~ustment Option. A benefit payab,e to the Ret red !'\ember durin g hi s lif etime b ut wit h s uc h pa 'mants adjusted so that, to (]e th e r wit h t he monthly payment of the pri mar y insurance amount expected to become payab l e to him under Title II of the Federal Socia l Act as in force on the date of sucn r e(]uest, the y will fo r m, as nearly as is ractica b l ~. a uniform se rie s of ayments. Tne Retired HemPe r's etirement Benefit under t his option will be adjusted by increasin g the amount of each monthly pa ymen t be co min g payab l e to h im be fore he i s expected to r eceive s uch Soc ial Security be ne-fit~ and nv decreasing the amount of his mont h l Y payme nt ~e comin ~ pay able t o h i m thereafter. Lifetime Uenefit O~tion. be n efit ~hich p rovide s 1ncreased monthlyet1 r ement Benefit payments onl y durin q the Retired Membe r's life. §6A.7-3 Mi ni mum Mont hlL Payme nts. If the month l y be nefit to 11h icn an y 11 emller or rfene ficiary shal l I.Je come entitled under the Plan sh all be les s t han $25 .00 , the Re tire me nt Boa rd shall ha ve the ri gh t to direct t hat the Actuarial Equiva lent of such bene fit shall be oa id in alum sum or in install~ents at such inte rv a l s as will re- sult in each paymen t amounting to at least $25.00. §6 A.7-4 Beneficia r ~. The Membe r ma v desi gnate as h is Bene - fi ciary , in writing, his spouse or any of h i s chi l dren, ei t her natural or ad o pte d, p arents, brot hers or sisters. If the designated Be ne- ficiary dies p rior to th e due date of the fi r st paymen t of Reti re ment Be nefits und er the Pl an and no ne~ Deneficia r y has been designated, Re tirement Benefits shall be oaid as t ho ug h no optional bene fit had bee n e l e cted. ~6A.B Death ee nefit s §GA.B-1 De at h of a Memb er Before o r ma l Reti re ment Date. In the event t h at ~moer -o f the Plan dies p r1 or to h is NoriilaiReti r e- ment Date, there sh 11 b e p aid to the qeneficiarv desi gnated by h i m, if said Be nefici r v be living, otherwise to h is estate, the a moun t of his Accumulated Cont ri b utions as of the date of h is death. §GA.B-2 ~t~ of ~ Hembe r Betv1een No r mal ~ Oelayed Re tirement. ates. n t he event that a Memb er continues in the Cit'l 's mp l0 /11'\ent""aft r h is No r ma l Retirement Da t e , and dies be fore actuall y r e tirin g , then, for Pu r poses of this Plan, he s h all oe deemed to v e retired on the first da of the calendar month in which he dies. If an e l ction of an optional benefit provid ed for in §6A.7-2 is t hen in effect, t he navmen ts, if anv, p rovided by such o~­ tional benefit s hall be made to t he Be neficiar y desiqnated by t e MemJe r. If no e l e cti on of an optiona l be nefit rovided for in §6A .7-2 is then in effect, s uc h 1 mbe r sh all be deemed to h ave e l ected the be nefit oro vid ed for in section t6A.7-1 and the 12 0 monthlJ p ayments shal l be made to the Bene ficiar y de s i~nated y the Membe r as r equi red in §6A.5-·~ In the eve nt that no desi n ted S neficiary is livin g at t he deat of a ~ mbe r ihi l e continuin~ in the City's employment aft r h is ormal ~ tire me nt at e, such ~emb r ~hal l be deemed to have e lected t e benefit ~rovided for in §6 .7-1, and the 12 month l y ray - men ts sh 11 \.le com muted at the tnt r s t rate 1 st ado ted by theRe- tirement nd o aid in one s um to t he sta te of the ~ember. -8- • ' • • ~6A .8-3 Death of a Retired Membe r. In the event that a Re tired t~embe rWTi"i>has Ele en receivin g Retirement Benefit paymen ts under §6A.7-l or §6A.7-2, option (b ), dies be fore he ha s receiv ed payment of monthly installments for the term certain, his Bene- ,. - ficiar y , if livin g, sha ll receive monthly installments of the same amount for the balance of such m cer afn. .. ... ,J In the event that n nefici r v deatn of such Retired Membe r, t h monthl y i ns ba lance of the term certai n will be at the interest rate la st adopted by the Retirement ~ 1**e and paid in one sum to the estate of the Reti re d Membe r. If at the death of the la s t surviving Be neficiary followinn the death of the Reti red Member, monthly installments have not yet been paid for the term certain, the insta ll ments for tne ba lance of t he ter m certain will be co m , ~ut ed at t he interest rate last adopted by the Reti rement '9~M4tte ~ and paid in one sum to the estate of the la st s urvivin g Benefi ciary . In the event that a Reti red Member wh o has been r e - ceiving benefit payments under the provis i on s of §6 A.7-2, o ption (a), dies, the Benef ici a r y , if livin g , shall receive payment of the Re tir ement Be nefit determined by s uch optional form commencing on the first day of the mo nt h followin g the death of the Reti red Membe r and continuing during the remaining lifeti me of the Be neficiary ter- mina tin g with the la st paym ent due p ri o r to t~e datP of the d e at h of the Be neficiary . If, at the deat h of t he Re t i red lember, the Bene- ficiary is no lon qe r livin g , no further benefit payments will be made. §6A.8-4 Death of a Retired Memb er Bef ore Contributions Recovered. In t he e vent tnati!t~e termination of Retirement Benefit payme nts following the death of a Re tired Member, t h e total of such payme nts made to t he Retired Member and his Be neficiary is les s than the amount of t he Accu mulated Cont ri bu tions of the Retired Member at his Retire- ment Date, the diffe rence shall be paid in one sum to t he Bene ficiary , if livin g, or to the est at e of the last survivor of the Retired Memb er or h i s Beneficiary. ~6A.8 -5 Death of a Vested Me mb er Befo re No r ma l Re tire me nt Date. In the event tnati! 9'ested Member dies prior to h is No r ma l Retireiii'eilt Date, there shall be paid to the Beneficiary designated by h im, if livin g, otherwise to h is estate, the amount of h i s Accumulated Con- tributions at t he time of h is death. ~6A.8-6 Uniform Simultaneous Death Act. The provi si ons of any la w of t h is State providing fo r the distribution of estates under the Un iform Si multaneous Death Act, whe n a pp lica ble, sha l l govern t he distri bution of money pay able under t his Plan. §6A.9 Severance Be nefit s ~6A.9-1 Coverafe. Benef its shall be paid under this Section for se ve ranc e or--emp oyment of a Membe r onl y for reason s other than retirement or death. §6A.9-2 Less than Ten Years Credited Service. In the event that a Membe r sha ll r esi n or be discharged from the ser vice of the City prior to h i s Normal Reti rement Date , and has less than ten (10) years of Credited Se rv ice, the only benefits to wh fc h he sha ll be entitled under this Plan shall be the refund of hi s Accum ulated Con- tributions. ~6A.9-3 Ten or ~ore Years Credited Service. In the event that a Membe r sha ll-resTgn-or-be-GfScharged from the service of the City prior to his Normal Retirement Date, and has ten (10) or more y ears -9- \ I ! ' • • • • of Credited Se rvice, he may elect either {a) to leave h1s Ac cu mu lated Con tri bu tions on deposit in the Fund and become a Vested Me mb er, or {b) to receive, in lieu of all other be ne fit s, a r efund of his Ac cumulated Contributions. If such a Membe r fails to elect ei ther {a) or {b) within ninety days after his date of termination from t he Plan, then he shall be deemed to have elected to leave hi s Accumulated Contributions on deposit and to be come a Vested Membe r. A Vested Membe r sha ll be entitled to a deferred Retirement Be nefit wh ich shall be the vested po rti on {as shown in the ta b le be lo w) of the Re tir eme nt Benefit earned to the date of the termination of his membe r sh i p . Su c h deferred Ret irement Be nefit shal l be payable at the Vested Member's No rmal Retirement Date, prov id ed, howe ver , that t he amount of Re t i r ement Be nefit sha ll be no less than the be nefit wh ich Accumulat ed Contribu- t ions at h i s No r ma l Reti r ement Date wo u d provide. A/s Completed Years Per cent of Ea rn ed of Credited Service Be nefit Vested 10 11 12 13 14 15 16 17 18 19 20 and over 50% 55 60 65 70 7 5 80 85 90 95 100 A Vested Membe r may elect, at any ti me prior to h is Nor mal Re tirement Date, to receive, in li eu of all other benefi ts, a refund of his Accumulated Contributions as of the date of refund. §6A.1 0 Administ ration of the Pla n §6A.1 0-1 Re tire men t Bo ard. There is he r eby created a bo ard to be kno1~n as the "Reti reiiie'rit"Board of t he City of Englewood", which shall be com posed of seven members. Two su c h membe r s sha ll be employees of t he Cit y who are members of the Plan, who sha ll be selected by a vote of all of such members in accordanc e wit h such procedures as t he City Mana ge r may, from time to ti me, adopt there- for. Two such members shall be elected mem bers of Ci t y Council, wh o shall be selected by a ma j ority of the members of City Co uncil. Three members sh all be taxpayinq electors of the City of Englewood, who shall be se lected by ~ majority of the membe r s of City Council. In addition, t he City Manager, or his designee, shall s erve in an advisory ca pacity, as an e x ~officio, non-voting membe r. §6 A.1 0 -2 Te r ms of Of fice. The terms of office of each votin q membe r of the Reti r ement Boa rd shall be fo r four yea rs, providin g he continues to possess the qu alifications therefor set forth in §6A .10-1 durin g his term, provided, however, that the terms of office for those membe r s origina ll y e l ected shall commence on December 1 , 1969, and shall be as follo ws: (a) One emplo yee member shall se rv e until Februa r y 1, 1972, and one shall serve until Feb ruary 1, 1974; -10- I • • ·' I ! ' f ! • • (b ) Both councilmen members shall ser ve until Feb ruary 1, 1974; and (c) One elector mem ber shall serve until Feb ruary 1, 1974 and t wo elector members sha ll serve until February 1, 19 72. In t h e event of any vacancy occurring in the membership of the Retirement Board , the same shall be filled, for the duration of t he unexpired term on l y , in the same manner as is provided in §6A.1 0 -1. §6A.10-3 Exe rci se of Powe rs. The powe rs and pe ro gative s of the Ret irement Board mayoe exercised u pon majority vote of a q uoru m thereof, which q uorum sh all consist of five (5) votin g mem- bers t he r eof. All s uc h vo te s sh all be re~:ord e d in the minute s of the Re tire men t Boa rd and all decisions and determi nations thereof, not inconsistent with the provisions of this ordinance, sha ll be bindin g and conclus i ve u pon all interested parties. ~6A .1 0-4 Po we rs of Re tirement Board. I n addition to the po~1ers and o bl i gat1 ons 1mposed u pon tiielfeti r eme nt Board, as trus- te e , by §6A.11 hereof, t he Re tire me nt Board sh a11 ha ve all powe rs nece ss ary to supervise the administration of the Plan, and to con- trol it s o pe rations in accordance wit h its terms, includin g, but not by way of li mitation, the follo win g : (a) (b) (c) (d) (e) (f) ( 9 ) To interpret the provisions of the Plan and to determine any questions arising under the Plan, or in connection with the administra- tion or o pe ration thereof. To determine all matters affect i ng the e li g i bility of any Emp loyee to be .or b ecome a Memb er of the Plan. To determin e the amount of the Memb er's con- tributions to be wit hhe ld by the City in ac- cordance wi t h the Plan and to maintain such records of Accumulated Contri butions as are necessary under said Plan. To determine the Credited Service of an y Mem- be r and to com pute the amount of Retirement Be nefit, or ot her sum, payable under the Plan to an y person. To authorize and d~rect all disbursements of Re tirement Benefit s and other sums under the Plan. To employ such counsel and agents and to ob- tain such clerical, medical, legal and ac- tuarial services as it ma y deem necessary or a pp ro priate in carry in g out the provisions of the Plan. With the advice of its actuary, to adopt, from time to time, for pu r poses of the Plan, s uc h mortality and other tables as it may d eem nec- essary or appropriate for the operation of the Plan. -11- "' . I • • \ f I ' " - • • • • (h ) To make valuations and appraisals of the assets held in the Fund under the Plan, and with the advice of an actuary, to de- termine the lia ilities of the Plan. (i) To create reserves fro m such assets for an y pur pose. §6A .1 0-5 Oath of Of fice. Prior to en terin g upon the pe r- for mance of the~ies of a Membe r of t he Retirement Board, each membe r thereof s hall take and subscribe an oath t ha t he acce pts the obliqations imposed u po n him by the provisions of this ordi- nance and that he sha ll fait hfull y perform the duties o f s uc h office. ~6A.ll Re tirement Plan Trust Fund §6A .ll-l Appointment of Trustee. The Retirement Board of the City of Engle wood, and its members, is h ere by ap p o~nted and constituted Trustee of the Ret iremen t Plan Funds and s hall ho ld, manage, and control th e same in accordance wi t h t h e provisions he rein be low contain ed. §6A.ll-2 The Trust Fund. All City and em ploy ee contributions and all i nve s t m ents--rfiere~ogether with all accumulations, ac- cruals, e arnin gs , and income with respect t hereto, shall be held by the Trustee in tru st hereunder as the Tru s t Fund for t he exclusive bene fit of Membe rs, Retired Memb ers, Vested Memb ers and t heir Bene- ficiaries. The Trustee shall not be res ponsi b l e, howe ve r, for the collection of an y City or employee contri butions. §6A.ll-3 Pu r~o ses and Powers of Tru stee . It is the pur pose and intent of the1ty in!Const1tutfng and a ppoin tin g the Ret ir e- ment Board as trustee of the Trust Fund herein established to q ive and g rant unto said Re tire men t Board full and lenar y powe rs to establis h s uc h investment or purchasin g pro g rams as said Retiremen t ~oard may dee m nece ss ary or a pp ro priate to provide assurance that there shall be an adequate sou rce fo r the pa yme nt of all benefits he r ein pr ovided for. To t ~is end , said Re tirement Board may deter- mine to: (a) Us e the Trust Fund for the purc hase of one or more J..;t:11A f annuity, or other, insurance policies from one or more insurance co mp anies authorized to do business within the State of Colorado, whereby said insurance com pany agrees to pa y all, or a portion, of the bene- fits herein p rovided for; or (b) Contract with a commercial ban k, chartered under either the statutes of the State of Colorado or the United States of America, and doin q business within this state, with a trust com pany organized pursuant to the statutes of the State of Colorado and doing b usiness ithin this s tat e , or with a member of the e w York Sto c k Exchan ge or the American Stock Ex c han ge, doin q business within t his s tate, to hav e s uch narties, or one or more of t hem, invest the funds fo r and on behalf of the Retir ement Board; o r (c) Di r ectly invest the funds and asset s held by t he Re - tirement Board in the Trust Fund; or (d) Es ta blish a "combined" pro ram, partly funded by in- surance and partly funded by investments. -12- • I \ ! I ' '! ....... • • ~6A.ll-4 Investments. Should it determine to invest t he Trust Fund, either wholly or oartly, and either directly or by contract with a bank, trust compan or stock exchan,e member, t he trustee in it s sole discretion, ma y invest and reinvest t he Trust Fund, without distinction between r1ncipal and income, in such common s toc k s, preferred stoc ks, bonds, notes, debentures, mort- ga nes , c e rtificate s , and other s ecuriti e s, investments, real or pe r s onal pro pert y o f an y k ind, includin g nurc ha s e and lease-bac k tra ns act i on s , inte r es t& in oil and other d e pleta l e na tural r e - s ourc e s, inve s t me nt in mutual funds (o pen-end or otherwi 5e) a s it ma y determi ne , wit hout re ~ard to ~h ether s uc h inv es t me nt s may p r o - duc e curr e nt inco me or wh et her s uc h inv es tment i s an a ut ho riz ed or a pp r oo ri a t e inve s t me nt f or tru s t ee s under t he la ws app lica bl e the r e t o , orovid e d, howe ver, t ha t, sh ould the tru s t ee de t e r mi ne to ma ke inv es t me nts dir e ctl y , wit hout an inv es t ment m ana ~emen t c on - tract wit h a ban k , tru s t co mp an y , or s toc k e xc han ge membe r, t hen, a nd i n t hat e vent onl y, the f ollo wi nq li mitati ons sh all a pp l y: (a ) The a qq r eg ate o f monie s inv es t e d in cor po rat e s toc k o f all kind s , to rye t he r wit h t he monie s inve s t ed in cor porat e bonds conv e rti bl e to cor oorat e s toc k , sh all not e xce e d t hirty per c e nt (3 0%) of t he boo k value of th e asse ts of t h e Trust Fund be in g directl y inve s ted; and (b ) o inv e stment in the s toc k , or converti b l e bonds, of an y sin q le corporation, s hall e xceed five per cent (5%) of t he book value of the as s ets of t he Trust Fund b ein ~ directl y invested, and (c) At no ti me s hall the Truste e hold mor e than seven per c e nt (7 %) of t he outstandin ~ s toc ks or bonds of an y cor porati o n. · §6 A.ll-5 Trustee's Po we rs. Subj ect to t he provisions of §§ 6A.ll-3 and 6A.II-4 1n its inve s t ment and ad ministration of the Trust Fund, t he Tru s tee is aut horize d and emp owered 1ith res pect to an y s ecuriti e s o r o t her ro perty he ld in t he Trust Fund: (a) To se ll, exc han ge, con~e y , transfer, lease for an y period, pled q e, mort qa q e, g rant o ptions, contract wit h r e s pect to or ot herwi s e encum ber or dis pose ther e of at pub lic or private sale for cas h or upon credit or partl y for both, and no person dealing wit the Trustee s hall ~e bound to see to the a pp lication of the pur- c hase mone y or to inquire into the validity , ex pedienc y or pro priet y of any such sale or other dis position; {b ) To sue, defend, com promise, ar b itrate, co mp ound and/or settle an y debt, obli qation or clai m due to or fro m it as Trustee or an y other suit or leal proceeding involvinq the Trust, and to reduce the rate of interest on, to extend or otherwise modify , or to foreclo s e u pon default or other wi s e enforce an y suc h de bt, o bli- g ation or claim; (c ) To g ive eneral or sre c1f1c nroxi es or rowe r s of at - t o rn ey wit h or wit hout powe r of su stitution ; {d ) To vote in pers o n or by p rox y on an y s toc ks, bonds, or ot her securiti es for t he conversion t hereof into ot her s tocks, bonds, or securities, or to de osit t hem in an y votin g trust or with any protective or like committee, or with a trustee or depositaries designated ther eby , -13- • \ ! ' ' • • • • or to e xe rci se an y ri gh t s t o su~~criue for a ddi- tional s toc ks , bonds , or other securities and to make any and all ne ce ssa r y ~ay en s t erefo r e, and to join and pa rtic i pate in, or to dis ent fro and o pp ose, any r eorganizat ion, r ca ~t altza ton, con- solidation, li q uida tion, sal ~r r er o corpo ra- tions or properties in 1 e r d as Trustee, u pon sue~ ter dee m wi se; (e ) To re gister a ny secur 1t own name or in t he na o# out the additi on of ord ties are he l d in a fiduc ar se curiti es in bearer for , of t he Trust ee snall at a 1 in vestments are part o t~e (f) To r e tain , man age, o er te, r ~air, f r ove, 1 r ftion, ded i cate or otherwise deal ~i t h ant real estate ~eld by it; (q ) To retain uninve sted s uch cas h as it may dee m necessa r y , wit hout obli oation to pa y interest t hereon; (h ) In ge neral, to ex e rci s e a ll powe r s in the rr1 a na gemen t of the Trust Fund wh ic h an y indi v idual could exercise in t he mana geme nt of pro pe rt y owned in h is own ri g ht. ~6A.ll-6 Distri bution s . The Trustees shall oay or distribute all Plan Benefits from t he Trust Fund in s uc h for m, in suc h amounts, at s uc h tim e s and to suc h payees as may be a ut ho rized under t he Plan. No ri gh t or clai m in or to t he Trust Fund or any part th e reof or in- terest t he rein i s a ss i g na b l e or su bj ect to g arnis hment, attachment, execution or l evy of any kind, and any attempt to transfer, as sig n, or pled ge same sha ll not be recognized by the Trustee. §6 .11-7 Ex pe nses. The Trustee may emp lo y suita ble a ge nts and couns e l. The exp enses incurred by t he Trustee in t he performance of its dutie s he r e under and all proper c hac ges and dis bursements of the Tru s tee, includin g all taxes la wfull y assessed u po n or in res pect of the Tru st Fund or its income, shall be c harned and pa id by the Trustee from t he Fund. ~6A .ll-8 Compe nsation. No member of the Retirement Board, as Trustee, sh all r ecei ve com pe nsation for his services as such but shall be entitled to be reim bursed for an y expenses incurred by him on behalf of the Tru s t Fund to the extent t hat such expense s are not paid by t he City of Engle wood. §6A .ll-9 Re cord s . The Trustee s hall see that accurate and de- tailed account s of all investments, rec eip t s and dis burse ments and ot her transactions he reunder are kept. All accounts, bo oks and rec- ords relatin g thereto shall be open to ins pec tion by an y pe rson desiqnated by the City of Eng lewood at all reasona ble ti mes . The Trustee shall maintain s uc h records, make such com putation s and oe r- form s uc h ministerial act s as the City of Enq le wood fro m ti me to ti me r eq ue s t . §6 A.11-10 Repo rt s. On or befo r e t he 1st day of August and t he 1st da y of Fe bruary of each year, the Trustee shall file a r epo rt wit h t he City of En g l ewood in such for m as the City of Engle wood may r eq u est. This report sh all show all purchases, sales, recei pts, dis- bursement s and other transactions effected by the Trustee during the -14- • I ! '!' - • • !6A.15 Benefit Limitations on Early Termination §6A.15-1 Te mp orary Li mi tations on Benefits. A. Notwith s tandinq an y other provision of this Plan (exce pt ~§6A.15-l C and 6A.15-1 0, if (i) t h i s Plan is terminated wi t hin ten ye ars aft e r the Effective Date of the Plan, or (i i) the benefits of any of t he ~!embe rs de- scribed in §6A.15-1 F be come pay a bl e wi t h in ten ye ars after the Effective Date of the Plan, or (iii) the be nefits of an y of the t~embe r s de- scribed in !6A.l5-1 F be come paya bl e after this Plan has bee n in e ffect fo r ten yea r s and at the time such be nefits be co me pa ya ble t h e full current cost s of t he Plan for the first ten y ears have not been me t, no benefits provided by t he Ci t y's contri- bution s hall be paid to an y Membe r described in §6A.15-1 F in exces s of t he bene fits which can be provided by an a mou nt equal to the larger of the follo winq a mo unt s: (i) $20,000.00; or (ii) an amount e qual to 20 per cent of the first $50,000.00 of t he Member's average annual co mpensatio n durin g the preceding five yea r s multi plied by the number of yea rs be t we en the Effective Date of t he Plan and (1) the date that t he Plan t erminates or (2) if benefits become pay a b le to a Member descri bed in §6A .15-1 F within ten y ears after the Effe ctive Date -18- of the Plan, the date the benefits of such Member first be co me pay able (if before the date of ter mination of this Plan) or (3) if benefits become payable to a Member described in §6A.15-1 F after t he Plan has been in effect for ten years and if the full current costs of the Plan for the first ten years have not been met or if the full current costs have not been met on the dates referred to in (1) or (2) above, the date of the failure to meet the full current costs. This limitation shall cease to be effective at such time, at or after the expiration of ten y ear s from th e Effective Date of this Plan, as the full current costs of the Plan hav e first been me t. I ! '! • • • • B. If a ~embe r de s cri ~ed in ~6A.l5-l F leaves t he em plo y of the City or wi t hd ra ws from me mber- sh i p in t h i s Plan, t he b nef1ts h ic h "le may r e- ceiv e shall not at an y ti me , wit h in t h e first ten ye ars after t he Eff e ctive Date of t h is Plan, ex- c eed t he ~enef its set fort h in !6A .1 5 -l A. If, at t he en d of ten y ears after the Ef fectiv e Ua te of t h i s Pl an t he full curr en t cost s of the first t en yea r s have not been me t, the be nefi t s s uc h Membe r may r e c ei v e sha ll not e xceed the benefits set forth in §6A.15-l A until the first time that the fu ll current costs of this Plan ha ve bee n me t. C. The li mitations contained in §6A.15-1 A sh all not r es trict t he fu ll pa yme nt of any be nefits to a Benefic iary on beha lf of a Membe r who dies after r e tir ement and wh il e th is Plan is in full ef fect and 1ts full c ·trrent costs have bee n met. D. The li mitation s cont ained i n §6A.l5-l A sh all not r es trict t he curr ent payme nt of full Reti re me nt Benefits call ed fo r by t"lis Pl an for an y Re tired ~embe r wh il e this Pl an i s in full effect and it s full current co sts have bee n met . "' . E. In the event of t ermination of the Plan while the limitations contained in 16 A.l 5-l A are in effect, t hat ortion of the assets of the Fun d, with re- spect to t hose embe rs desc ri bed in §6A .l5 -l F , wh ic h i s in e xcess of t h e a mount s specified in §6A .l 5-l A will be ao ortioned to t he other .1em- be r s , includin 9 Re tired rtembe r s , in accordance ~ith t he n rovi s ions contain e d in §6A.13-5 hereof . F. The Membe rs referred to in §6A .15-l A and §6 A.15-l B shall be only thos e of the 25 h i qh e st pai d Em- p lo yees det e rmined a s of January 1, 19 70 , whe t he r or not initiall y elit)ible for Membe rs h i p , whos e mont hl y Re tire me nt Benefit u pon ~orM al Re tire ment Date would exceed $125.00 ." Introduced, read in full and passed on first readin q on the -----da y of , 1969 . Pu b li she d as a Bill for an rdinance on the ---------------· 1969 . ____ da y of Attest: Mayor city Clerk-treasurer I Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introducedL read in full and passed on first read- ing on the day ot , 1969 . city Clerk-Treasurer -19- • --·----- I ! I ' 'r • • six-month pe riod for which t he report is filed. It sha ll con- tain an exact de s cri pt ion , the cost as sh own on the Tru s t ee's books and the market value as of the end of suc h period of every item t hen he ld tn th e Tru s t Fu nd. The Tru s t ee sha ll be forever r el i e ved from all lia b ility to t he City of Englewood, t he Fund, and an y Pa rtici pa nt or Beneficiary with r espe ct to the pro pr iety of an y of its acts or transactions sh o wn in suc n report unle ss within nin~ty (90) da ys after the recetot of such r epo rt th e Ci t y of Enqlewood g ives t he Tru stee ~ritten notice of its o bje ction or ob ections to any matter set fo r th therein. ~6A.ll-ll . Tru stee 's Liability. The Trustee sha ll not be liable, e it her as a body o r indiv 1du ally, for the making , reten- tion, or sa le of an y in vestment or reinve s t ment made by it or originally received by it as he r ei n provi ded no r fo r an y expense or liability he r e und er, nor for any lo ss to or diminution of t he Tru st Fund unl ess due to or arisinq from its own gross neg li gence , misconduct , dishonesty or lac k of good faith. The Trustee may con- su lt with counsel and sha ll be fully prot e cted in actin g u pon t he advice of coun se l. Un l ess ot herwi se dvised, the Trustee may assume t hat the Plan at a ll times q ualifi es und e r Sec tion 40 l(a) and that t he Trust he re by estab li shed t s at all ti mes tax-e xe mp t und e r Se c- tion 501(a ) of t he lnternal Re venu e Cod e, as amen ded, or s ucc ess or provi sions . The Tru stee shall have no r espo nsi bility for t he accuracy of any info r ma tion furni shed i t by the Cit y of Eng l ew ood. §6 .11-1 2 Rem oval of Truste e . No t~in q he r ein sh all be con- st ru ed to pro h i b it City ~uncil of the City of Enqle wood from r e - mo vi ng the Reti r ement Board of t he City of Eng l ewo od as Truste e of t he Retirement Fu nd by ap pro priat e amendmen t t o this ordinance. Upo n removal of t he Trustee, the City Council sha ll a pp oint a s uccessor t ru stee o r ins ura nce com pan y . Uo on deliver y by the r emo v ed Trustee to its successor trustee o r in s uranc e co mpany of all pro pe rty of t he Fund, l ess su c h reasona b le amount as it sha ll d eem ne cessar y to provide fo r it s expenses, and an y taxes or ad- vanc es c har gea bl e or payab l e out of the Fund , the successor trustee o r insurance co mpany sha ll thereu pon have the nowe r s and duti es as are co nfe rred u pon it by a trust agree me nt or g rou p annuity contract. No successor tru s t ee or insurance com pany sha ll ha ve an y obl i gation or lia bi lity wit h r esoe ct to the acts o r omi ss ion of its o r ede c esso rs. §6A .ll-13 Ame nd me nt or Termination. In th e event of the termi- nation of the Plan as provfded in t he Ordinanc e , th e Tru s tee sh all dis pose of the Fund in accordanc e wi t h t h e t e rms of t he Plan. At no time shall an y art of the cor ous or income of t he Fund be used for or diverted to pu r pos es other t han for the exclusive be nefit of Me m- be rs, Re tired Membe rs, Vested Membe rs, or be neficiari es under the Plan. §6 A .11 ~14 Exp r essed and I mp lied Powe rs. othing contained in the Plan, eit he r expressl y -or by imnlication, sh all be deemed to 1m- pose an y powers, dut ies or res pon sibilities o n the Trustee other than thos e set forth in t his o rd inance . §6A.ll-15 Judgments Bindin~. Necessa r y pa rti es to any accoun t- ing, ltti qation, o r other procee inqs sha ll include on l y the Tru stee and the City Counci l, and the settlement or j udg ment tn any such case in which the City is dul y served or cited shall be b indin q u pon all Membe rs, Re tired embe r s , V sted Members , or Be neficiari es under the Plan, and upon all pe r sons claiming by , throu gh or under tnem. -15-I ' { I f ~ • • §6A.l2 Re t irement Benefits and Righ t s Inali e na ble §6A.l2-l Inaliena b ilit*. Memb ers, Retired Membe rs, Vested Memb ers and t heir Benefic1ar e s un der the Plan are he re by re- strained fro m s el l inq, transferrin q , anticipatin q , assi q nin q , hyp othecatin g , o r oth e r ~i se di sp o s in g of t he ir Re tire ment Bene- fits, p ros pe ctive Re tire ment Be ne fits, or any other ri gh t s or int e r es t s under the Plan, a nd any atte mp t to antici pa t e , assi qn, p led qe, o r o t ne r ~ise dis ose o f t he s a me sh all be void. Said Re - tir em ent Denefits , prospe ctive Re tirement Benefit s , and ri qh t s and int e rests of sa id ~embe r s , Retired Memb ers, Vested Memb e r s or Benefici a ri es sh all not at an y time oe s u b ject t o t he clai ms of creditor s or lia b ilities or t ort s of s aid Mem ber s , Re tir ed ~em ­ be r s , Vested ~em~e r s o r Benefi ciari es , nor be lia bl e to attach- me nt, exe cut ion, or other l eq al pr ocess. §bA .l 2-2 Ban k ru ptcy . If a ny i1 e mbe r, Re tired llembe r, Ves t e d 11embe r or Beneficia ri es sh all ecome bankrupt or att em[.lt to anti- ci pa t e , ass i g n or p l e d qe an y be ne fits under t h e Plan, t h en s uc h b enefits sh all, in the dis cre tion of the Re tir eme nt Board cease, and in t hat e vent t h e Reti r ement Board s ha ll hav e aut ho rit y to caus e t he same, or any part t hereof, to be h eld or a nn li e d to or for the be nef it of su c h Mem ber, h i s spo use, h i s c h ildren, or other d epe nd e nts, or an y of the m, in such mann e r and in suc h p ro [.)o rtions as the Re tireme nt ma de em ~ro pe r. ~6A .l3 ~edification or Term in ation of Pla n §6 A.l3-l Continua tio n of Plan . It t he ex p ectation of tne Cit y that it will continue tfiTsPTan and t he pa yment of its con- tri butio ns hereunder indefinite l y , but continuance of the Plan i s not assu med a s a cont ractual o b li ~ation of t he City . §6A .13-2 Po we r to Ame nd or Te rminat e Pla n . The City r e- se rv es the ri 'l ttClaiTe r, amend, or terminatet he Pla n or any p art t h er eof in s uc h man ner as it ma y determine, and s uch alteration, amendment or termination s ha ll ta ke effe ct u pon not i ce th e re of the City t o t he Trustee~ provi ded t hat no suc h alteration or a me nd- ment sha ll p rovid e t h at t h e e tirement Senefit pa y a b l e to an y Re - tired Memb er sh all be le ss t h an t hat orovided by h i s Accu mulated Contri buti ons or affect the ri qh t of a ny ~e mb e r to receiv e a refund of h is Accu mulated Contri butions and p rovided furt her that no alter- ation or t e r mination of t he Plan o r a ny pa rt t he re o f sha ll pe r mit any part of t h e Fund to r eve rt to o r to be r eco ve ra b le by t he City or be u sed for o r diverted to our poses other t han t he e xclusiv e be ne- fits of Mem be r s , Re tire d Me m ers, Vested Memb ers o r Beneficiaries under t he Pla n, e xc e r such funds, if an y , as may r em ain at termina- tion of the Fund after s ati sfa cti on o f al l li abi liti es wit h res pect to Membe r s , Retir ed ~embe rs, Ves t ed 4emb ers and Beneficiaries under the Plan and ar e due so l e l y to e rroneous actuarial calculations. §6A .13-3 App rov al Under t he Interna l R ~v enue Code. The Plan is intended to com p l y 1·iflltller:e u1r eme nts of the aoj)Tica b l e p r o vi- s ions of Section 40 l{a ) of t h e nternal Re venue Code as no w in effe ct or he r ea fter am en ded, and an y mod if i cati on or amendment of the Plan may be made r troactive, as necessary or a p ro priat e, to es ta b li sh and maintain such co mn lia n ce. Not withstandin q an y otloer p rovision he reof, 1f the Internal Re venue Se rvice fails to f)rant ini t ial q ualification of t h is Plan under t he prov isions of Se ction 40 l(a ) of the I n t e rn a l Re venu e Code , t he Trustee shall r eturn all contri butions, to qethe r with t h e pr o rata share of income, less expenses, to the Hembers who ha ve contributed the same, and to the City . Thereu po n, thi s Plan shall terminate. -16- • .• I ! "f ------ . .. I ' - • • " . §6A .13-4 Discontinuance of ~Contri b utio ns . The Cit y reserves the right at an y ti meanaror an y rea s on satisfa ct o r y to it to discontinue pe r manentl y all c ont ri but ion s by the City under this Plan. Suc h di s continuanc e shall be de emed to be a comp l e t e t ermination of the Pla n. 16A.13-5 Al location of Fund Assets Uhon Termination. In the event of th e com p l ete term ination of t e Plan, all assets of the Tru st Fund sha ll be conv er ted to cas h and a lloc ated to Mem- bers, Re tired Membe r s , Ves ted Memb ers and Beneficiaries on the fo llo wing basis: (a) An a mount e q ual to the Accu mulat ed Contri butions or ba la nce thereof, wh ic h would be pay a bl e to t he Me mbe r s, Re tired Mem bers, Vested Memb ers o r Bene- ficiar y shou ld death occur on t he dat e of t he termination of the Plan. (b ) An amount of the re maini ng as se ts eq ual to a pro rata po rtion determined on t he basis of t he rati o that the actuarial res e rv e for h is accrued bene- fits minus the amount in (a) a bove credited to h i m bears to the total of suc h actuarial reser ves minus t he total in (a). §6A ,l3•6 Dis tri bution of Fund Asset s ~Te rmination. Wh en th e assets of the Trust Fund inave-Deen a ll ocated as indicat ed a bove, t he di s tri b ution may be made in t he for m of cash or non-transferable annuity contracts as determined by t he Reti re ment Boa rd, provid ed t hat an y funds r emaini ng aft e r the sati s faction of all lia bi lities t o Memb ers, Re tired Mem bers, Vested Membe r s and Beneficiaries und er t he Plan and due solel y t o er r oneous actuarial calculations may be wit hd ra wn by the Re tire me nt Board from t he Trust Fund for th e account of the Ci t y. §6A.l 4 Misce llan eo u s Provisions 1 6A .l4-1 Ad vise me nt of Terms and Conditions of Plan. Each Member sha ll b e ad vi sed of-rhe ge neraT prov is ions or me-Plan and u pon written re q uest a ddr essed to t he Ret iremen t Board sh all be fur- nis hed with an y info r mation r equested re gard in g h is status, ri gh t s and privile ges under the Plan . 1 6A.l4-2 limitation of Lia b ility . No Mem ber shall have any ri gh t to Re tire men t Benefits under t he Plan, except such ri gh ts, if any, as ma y accrue t o h i m u po n his r e tire me nt fro m t he service of the City under the pro vi sions of t he Plan wh il e it is in effect. All such be n efits ar e pay a b l e so l e l y out of the Trust Fund and in no event shall t h e City, the Tru s t ee , or t he Reti r ement Bo ard members be lia bl e therefor. §6A.l4-3 Effe ct of Plan. Nei t he r t he establishment of t he Plan, the q rantin q of a-Reti re me nt Be nefit nor an y action of the City o r the Retirement Board sha ll be he l d or construed to confer u po n any pe rson an y ri gh t to be continued as an Employee, nor, u po n dismissal, to an y ri qh t or in t e r est in t he Trust Fund othe r t han a s he rein provided. §6A.l4-4 Disclaimer of lia bility. either the esta blis hm ent of this Pla n, nor any amenament or mOd 1 fication thereof, nor failure of the City to provide s ufficient contri butions to the same s hall be cons tru ed as g iving to any Membe r, or other pe r son , an y l egal or eq uita bl e ri qh t a ain st the City , or an y officer or director thereof, or agains t the Re tir ement Boa rd, or any membe r thereof. -17 - • ' ' '!' • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 2, 1969 REGULAR MEETING: The City Council of th e City of Englewood, Arapahoe County, Colorado, met in regular session on S eptember 2, 1969 at 8:00 P.M. Ma yor Schwab , p r esiding , called the meeti n g to order. The i nvocation was given by Ma jor J. Sexton Johanson of the Salvation Army, Eng l e wood Temple Corps. Pledge of Allegiance was l ed by Boy Scout Troop No. 333. The Mayor asked for roll c all. Upon the c all of the roll, the f ollowing were present: Councilmen Parkinson, Lone, L a y, Kreiling , Dhority, Brown, Schwab. Absent: None. The Mayor declared a quorum pres e nt. Also present were: City Manag er Di al, Assistant City Manager Mack, City Attorney Criswe ll, City Clerk Lyon. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969, BE APPROVED AS READ . Upon the call of the roll, the vote resulted as follows: Ayes : Councilme n Parkinson, Lone , Lay, Kreiling, Dhor ity , Brown, Schwab. Nays : None. Absent: None. The Mayor d ec lared the motion carried. * * * * * * Mayor Schwab recognized th e following citi zens from the list of "Special Citizen Program Invitees": Mr. Robert A. Hewitt, 4510 South Grant Street. Mr. and Mrs. John F. Poole and Gary, 4961 South Kalamath Street. ****** COUNCI LMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED 1970 BUDGET BE OPENED. Upo n the c all of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority , Brown, Schwab. I • • •' \ ! ' ! • • Nays: None. Absent: None . The Mayor declared the motion c arri ed and the public hearing open at 8 :15 P.M . (Note : A tape recording of the public hearing is on file with the official minutes.) The following individuals appeared b efore City Council in r e gard to the public he aring: Mr . Stanley H . Dial, City Manager. Mrs. C. W. Henni n g , 3074 East Cornell. Mr. John F. Poo l e , 4 96 1 South Ka lamath Street. Mr . Pete Peterson, manager of the Englewood Chamber of Commerce , 180 West Girard Avenue. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEAR ING BE CLOSED. Upon the call of the roll , the vote resulted as follows: Ayes : Councilmen Parkin son , Lone, Lay, Kreiling, Dhority, Brown , Schwab. Nays: None . Absent: None. The Ma y or declared the motion c arri ed and the public hearing closed at 8:5 2 P .M. * * * * * * A memorandum with attachments from John F. Murphy , Personnel Director, regarding 1970 employee benefits was re- ceived for the r ecord . RESOLUTION NO. 29 , SERIES OF 1969 A RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS FOR 1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS . COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 29, SERIES OF 1969 BE ADOPTED AND APPROVED. Discussion ensued . COUNCILMAN LAY MOVED, COUNCILMA N DHORITY SECONDED, THAT RESOLUTION NO . 29, SERIES OF 19 69 BE AMENDED BY STRIKING THE PHRASE, "DOES HEREBY APPROVE AND ACCEPT THE RECOMMENDATION OF THE BOARD OF CAREER SERVICE COMMISS IONERS TO PAY TO ALL RETIRING EMPLOYEES ONE-HALF DAY'S PAY FOR EACH DAY OF SICK LEAVE ACCUMULATED BY SUCH EMPLOYEE OVER NINETY DAYS," FROM THE FIFTH PARAGRAP H OF THE RESOLUTION . Upon the c all of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling , Dhority, Brown, Schwab. Nays: Councilman Lone. Absent: None. -2-I • f • • The Mayor declared the motion carried . Upon the call of the roll on the original motion as amended, the vote resulted as follows: Dhority, Ayes: Brown, Councilmen Parkinson , Lone, Lay, Kreiling, Schwab. Nays: None. Absent: None. The Ma y or declared the motion carried. (Note: The amended Resolution is copied in full in the official Resolution Book.) It was the consensus of Council that more information be obtained concerning the Board of Career Service Commissioners' recommendation that all retiring emp loyees receive one-half day's pay for each day of sick leave accumulated over ninety day s. * * * * * * A memorandum from Director of Public Works Waggoner with attachments regarding cost estimates for various traffic pattern alternatives was received for the record. City Manager Dial presented a synopsis of the recom- mendation regarding cost e stimates of various traffic pattern alternatives. Mr . Jim Hammond, Traffic Engineer, and Mr. Kells Waggoner, Director of Public Works, appeared before City Council and discussed various aspects of the estimates. It was the consensus of Council that the study be deferred for further consideration. * * * * * * A memorandum from Douglas C. Sovern, Fire Chief, regarding inspection of the aerial apparatus while under con- struction in St. Joseph, Missouri was received for the record. * * * * * * A memorandum from Donnell R. Stanton, Englewood Police Department Public Relations Officer, regarding the Community Police Relations Institute at the University of Southern California, June 8 to 13, 1969, was received for the record. * * * * * * A recap of the May 28, 1969, meeting of the South Platte Channel Improvement Committee was received for the record. Director of Public Works Waggoner appeared before City Council in regard to the report on the South Platte Channel Improveme nt Committee meeting on Ma y 28, 1969. Mr. Waggone r stated that it was his understanding that the Improve- ment Committee wished that the City of Eng lewood would partici- pate in at least 50 per cent of right-of-way acquisition in that part of the South Platte channel to be widened that runs through the City of Englewood. * * * * * * -3- • •' \ ! 1 I • • f • • The minutes of the Parks and Recreation Commission meeting of August 13, 1969 were received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of August 13, 1969 were received for the record. * * * * * * The minutes of the Board of Career Service Commis- sioners meeting of August 28, 1969 with a memorandum regarding 1970 salary and fringe benefit recommendations attached were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO . 29, SERIES OF 1969 AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS "SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY KNOWN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET", EFFECTIVE 12:01 A .M. ON THE FIRST DAY OF JANUARY, 1971 . (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN LAY SEC ONDED, THAT ORDINANCE NO . 29, SERIES OF 1969 BE PASSED ON F I NAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLE WOOD HERALD AND ENTERPRISE . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 30, SERIES OF 1969 AN ORDINANCE AUTHORIZING AND RATIFYING THE EXECUTION BY THE MAYOR AND CITY CLERK OF THE CITY OF ENGLEWOOD OF AN AGREE MENT WITH HERMAN OLINER, BESS OLINER AND ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORE- SAID INDIVIDUALS CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD FOR A PERIOD OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OPTION TO PURCHASE SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS THEREIN CONTAINED. (Copied in full in the official Ordinance Book.) -4-I • • ·' \ I f • • • COUNCILMAN LONE MOVED, COUNCIL MAN PARKINSON SECONDED, THAT ORDINANCE NO. 30, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon th e c all of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority , Brown , Schwab. Nays : None. Absent: Non e . The Mayor decl ar ed t he motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 31 , SERIES OF 1969 AN ORDINANCE APPROVING AND RATIFYING THE PERFORMANCE BY GUILDNER WATER AND SEWER COMPANY, BY DANA KEPNER AND BY WINSLOW CONSTRUCTION COMPANY OF CERTAIN PUBLIC WORK WITHOUT THE RECEIPT OF COMPETITI VE BIDS THEREFOR AND AUTHORIZI NG THE DIRECTOR OF FINANCE TO PAY THE SUMS OF $935.00 TO GUILDNER WATER AND SEWER COMPANY, $640.05 TO DANA KEPNER AND $2,353.72 TO WINSLOW CONSTRUCTION CO. (Copi ed in full in the official Ordinance Book.) COUNCILMAN PARKINSON MO VED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 31, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE . Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority , Brown, Schwab. Nays : None. Absent: None. The Mayor declared the motion c arri ed . * * * * * * BY AUTHORITY ORDINANCE NO. 32, SERIES OF 1969 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 4, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD , STATE OF COLORADO . (Copi ed in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO . 32 , SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone , Lay , Kreiling, Dhority, Brown, Schwab. -5- • . ' I ! ~ I • • • • Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1969 AN ORDINANCE VACAT ING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 3, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES. (Copied in full in the official Ordinance Book .) COUNCILMAN DHORITY MOV ED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 33, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE ADDING TO THE MUNICIPAL COD E OF THE CITY OF ENGLEWOOD A NEW CHAPTER 6A TO ESTABLISH A RE TI REMENT AND PENSION PROGRAM FOR ALL PERMANENT, FULL TIME EM PLOYEES OF THE CITY, EXCEPT POLICEMENT, PAID FIREMEN AND ELE CT ED OFFICIALS, PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE- MENT BOARD FOR THE ADMINISTRATION OF THE SAME . COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted a s follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * -6- • I • • • • RESOLUTION NO. 30, SERIES OF 1969 A RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NE XT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1 969 , AND DIRECTING THE CITY CLERK AND ELECTION COMM ISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT. (Copi ed in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO . 30 , SERIES OF 1969 BE ADOPTE D AND APPROVED . Upon the call of the roll, the vote resulted as follows: Dhority, Ayes : Brown , Councilmen Parkinson , Lone, S c hwab . Nays : None . Absent: None . The Ma yor declared the motion c arried. * * * * * * Lay , Kreiling , City Attorney Cri swell stated that wh en the Atchison Ranch was sold to the Martin Company approximately 50 acres on th e e ast side of the South Platte River had remained the property of the City of E n glewood . Recently the City of Englewood had been enjoined with the City of Martin b y th e Federal Government to cond emn for Chatfie ld Reservoir five acr e s of the City's holdings and a portion of the holdings o f the Martin Company. Mr. Criswell stated that a pre-trial c on ference would be held on October 1 0 , 1969 and r eques ted that authority be granted him to represent the City of Englewood in the condemnation. Mr . Criswell stated that he would work towards a settlement out of court should the offer for the land be determined reasonable. COUNCILMAN LAY MO VED, COUNCILMAN BROWN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE CONDEMNATION SUI T FOR A FIVE ACRE PARCEL OF THE REMAINING ATCHISON RANCH PROPERTY HOLDINGS OF THE CITY OF ENGLEWOOD. Upon the c all of the roll, the vote r esu lted as follows : Ayes: Councilmen Parkinson, Lone , Lay, Kreiling, Dhority , Brown, Schwab. Na y s: None . Absent: None . The Mayor declared the motion carried . * * * * * * City A torney Criswell stated that in regard to the litigation on the Moo dy case that the court had entered an order that the Moodys had until Sep ember 15, 1969 to vacate their premises located at 2352 West Harvard. After that time the city of Englewood was to board up the premises and Mr. Moody was to submit a proposed repair plan to the Chief Building Inspector. Once the repair plan was approved, Mr. Mood y could apply to the court to r e-enter the premises. * * * * * * -7- ·' I { '!' I • • f • • • • City Attorney Criswell stated that included within the agenda packet was a decision from Arapahoe County District Court concerning the National Tea Company case against the City of Englewood for the City's failure to issue said firm a 3.2 beer license . Mr. Criswell stated that the court had ruled that the needs of the neighborhood were not satisfied b y existing licenses. The District Court had specifically stated that in issuing a 3.2 beer license the existence of other 3.2 beer license outlets should be considered and not the existence of other liquor out- lets. Mr. Criswell stated that the decision had been entered on August 29, 1969 and that the City of Englewood could appeal it within 10 days. COUNCILMAN LAY MOVED, COUNCILMAN BR OWN SECONDED, THAT THE DECISION BE APPEALED TO THE COLORADO SUPREME COURT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling , Dhority, Brown, Schwab. Nays: Councilman Parkinson. Absent: None. The Mayor declared the motion c arried. * + * * * * City Manag er Dial presented a memorandum dated August 29, 1969 discussing a proposed encroachment at 3475 South Penn- sylvania Stree t. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE ORIGINAL MOTION CONCERNING THE ENCROACHMENT WHICH STATED, "THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN ENCROACHMENT AT 3475 SOUTH PENNS YLVANIA STREET BE ACCEPTED," BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Ma y or declared the motion carried. City Manag er Dial reviewed the report with City Council. Mr. Dial stated that it had been the conclusion of the City Engineer's office that the proposed retaining wall for which an encroachment was recommended was the only adequate means in pro- hibiting further flooding on the north side of the apartment house located at 3475 South Pennsy lvania. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE ABOVE MOTION BE AMENDED BY ADDING THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS AND THAT THE EN- CROACHMENT BE RECORDED AT THE APPLICANT'S EXPENSE. Upon the call of the roll , the v ote r e sulted as follows: Ay e s: Councilmen Park i nson, Lone, Lay, Kreiling, Dhority, Brown, Sch wab. Na y s: Non e . -8- ·. ·· ' r ! I • • • • Absent: None. The Mayor declared the moti on c arried. COUNCILMAN LONE MOVE D, COUNCILMAN PARKINSON SECONDED, THAT THE ENCROACHMENT AGREEMENT BE AMENDED IN ORDER THAT ADEQUATE PROTECTION BE GIVEN TO PREVENT THE PUBLIC TRIPPING OVER THE RETAINING WALL. City Manager Dial stated that by setting the curbi ng approximately 12 inches back from the existing sidewalk, the wall would be beneath an existing split rail fence which would provide the necessary protection. COUNCILMAN LONE AND COUNCILMAN PARKINSON WITHDREW THEIR MOTION. Upon the call of the roll on the original motion as amended, the vote resulted as foll ow s : Ayes: councilmen Parkinson, Lone, Lay, Kr eilin g , Dhority, Brown , Schwab. Nays : None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reminded members of Council of the National League of Cities convention in San Diego, California, December 1 to 5, 1969. * * * * * * City Manager Dial stated that in the motion appointing Mr. Bruce M. Heider of Walter E. Heider and Company as auditor for 1969 that an authorization that the Ma yor and City Clerk to exe- cute the contract document was not included. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECES- SARY CONTRACT DOCUMENTS BETWEEN THE CITY OF ENGLEWOOD AND MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, THE AUDITOR FOR 1969. Upon the call o f the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared he motion carried. * * * * * * City Manager Dial submitted a letter from Mr. J. K. Smith of the Denver Re gional Council of Governments requesting the approval of the appointments of Mrs. James H. Arthur and Mr. John R. Crowley to the metropolitan wide Transportation District Board made by Arapahoe County . Attached to the letter -9-I • • ·' I ! I f '! • • was a memorandum from Mrs. D . A. Romans, Director of Planning , briefly discussing the backgrounds of the two proposed appointee s. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE APPOINTMENT OF MRS. JAMES H . ARTHUR AND MR . JOHN R . CR OWLEY TO THE METROPOLITAN TRANSPORTATION DISTRICT BOARD BE APPROVED AN D ACCEPTED . Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone , Lay, Kreiling, Dhority, Brown , Schwab. Nays: None. Absent: None. The Ma y or declared th e motion c arried. * * * * * * City Manager Dial presented a memorandum dated Augu s t 29 , 1969 from th e Colorado Municipal League concerning the pro p os ed rate increases and adjustments by Public Service Company . Mr. Di a l stated that the purpose of the communication was to determine whether Colorado c ities and towns wished to employ an attorney through the Colorado Municipal League to represent the cities a n d towns at the League hearing. City Council discussed the position the City should t a ke on the rate increases and a n appearance of the City of En glewood separate and apart from the Colorado Municipal League . At the conclusion of the di s c u ssion it was the consensus of Council that the matter be deferred pending talks with other communities ¥mo had been served by Colorado Central Power Com- pany prior to purchase by Public S ervice Company and until staff research on the question could be submitted. * * * * * * Mr. Elden Boh of the Fire Department appeared before City Council. Mr . Boh stated that he had apprec iated the City allowing him and other Fire Department members to go to St. Joseph, Missouri to examine the snorkel fire apparatus. Mr. Boh also discussed the conversion of sick leave to pay for a retir ing employee with over 90 d a ys sick leave accumulated. * * * * * * Councilman Dhority requested that the City administration investigate the ways in which Dutch elm disease could be fought in order that elms within the community could be saved. * * * * * * Counc ilman Brown inquired if an offer from the Colorado Department of Highways for the land upon which the present street shop was locat e d had been received. City Manag e r D~al ind icated that as yet no offer had been rec e ived although he had communicated the City's position to the Departm e nt of Highways. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the resulted as follows: -10- I • • f • • Ayes: Councilmen Parkinson , Lone, Lay, Kreiling , Dh or ity , Brown , Schwab. Na ys : None . Absent: None . Th e Mayor declared the motion carried and the meeting ad journed at 11:09 P .M. I • • . ' • • Y¥ yr (/}d. ._FJ upr ' -11 AGENDA FOR REGULAR COUNCIL SESSION SEPTEMBER 2, 1969 8 :00 P.M. Call to orde r, invocation by Major J. Sexton Johanson of the Salvati on Army, Englewood Temple Corps, pledge of allegiance led by Boy Scout Troop No . ~d roll call. 1. Minutes. v{a) Regular meeting of August 18 , 1969. (Copies trans- mitted herewith.) 2. Pre-scheduled citizens and visitors. (a) Recognition of "special guests " of the Council . 3. Public hearing regarding the proposed 1970 Budget. 4. Communications. / v(a) Memorandum with attachments from John F. Murphy, Personnel Director, regarding 1970 employees bene- fits. (Copies transmitted herewith.) 1/{b) Memorandum with attachments regarding cost esti- mates for various traffic pattern alternatives. (Copies transmitted herewith. ) ~,(C) Memorandum from Douglas C. Sovern, Fire Chief, regarding inspection of the aerial apparatus. (Copies transmitted herewith. ) t/(d) Memorandum from Donnell R. Stanton, Englewood Police Department Public RelatiOOB Officer, regarding the Community Police Rel ations Institute. (Copies transmitted herewith. ) ,;{e ) Recap of the May 28, 1969, meeting of the South Platte Channel Improvement Committee. (Copies transmitted herewith.) (f) Minutes of the Parks and Rec reation Commission meeting of August 1 3, 1969 . (Copies transmitted herewith.) (g) Minutes of the Board of Adjustment and Appeals meeting of August 13, 1969 . (Copies transmitted herewith.) I (h ) Minutes of the Board of Career Service Commissioners meeting of August 28 , 1969. (Copies transmitted herewith.) (1) lemorandum regarding 1970 sala r y and fringe benefit recommendations. 5 . City Attorney. (a) Ordinance on final reading renaming South Pecos street and South Santa Fe Lane to South Winder- mere street. (Copies previously transmitted .) (b) Ordinance on final reading ratifying an agreement for the purchase of the Oliner property. (Copies previously transmitted.) (Continued) I • ·. ·' I ! I f 'r • • AGENDA FOR REGULAR COUNCIL SESSION SEPTEMBER 2, 1969 Page 2 5. City Attorney. (Continued) 6. (c) Ordinance on final reading authorizing payment for sanitary sewer repairs. (Copies previously transmitted.) (d) Ordinance on final reading vacating a portion of an alley in the vicinity of the Dry Creek Shopping Center (Block 3). (Copies previously transmitted. ) (e) Ordinance on final reading vacating a portion of an alley in the v :c inity of the Dry Creek Shopping Center (Block 4). (Copies previously transmitted.) (f) Bill for an Ordinance establishing a general employee pension plan. (Copies transmitted here- with.) (g) Resolution referring a Charter amendment to the electorate in November. (Copies transmitted herewith.) (h) Attorney 's c hoice. City Manager. v{a ) Report regarding an encroachment request for 3475 South Pennsylvania street. (Copies trans- mitted herewith.) v(IS') Reminder of the National League of Cities confer- ence in December. (Copies transmitted herewith. ) (c) Manager's choice. 7. Recognition of non-schedule d citizens and visitors . 8 . General discussion. (a) Mayor's choice. (b) Councilman's choice. 9. Adjournment. City Manager SHD/ij . • I ! ! I • • ' • I · • • • \ l • • COUNCIL CHAMBERS OFFI C IA L CITY COUNCI OOCUMENT p--....,., T IJ SEP 7_ '69 COU NCIL M E •. (!.-..!~ FILE C IT '( OF. ENGLE WOOD, COLQ. CITY OF ENGLEWOOD, COLORADO AUGUST 18, 1969 REGULAR MEETING: The City Council of he City of Englewood, Arapahoe County, Colorado , met in r egul a r session on August 18, 1969, at 8:00 P .M. Mayor Schwab , pres1d1ng, c alled the me eting to order. The invocation was given b y Mr . Stanley H . Dial , City Manager. Pl edge of Allegiance wa s l ed b y Bo y S cout Troop No. 333. The Ma yor asked for roll c all. Upon the call of the roll, the following were present: Schwab. Councilmen Parki nson, Lone, Kreiling, Dhority, Brown, Absent : Councilman Lay . The Mayor declared a quorum present. Also present were : City Manager Dial, Assistant City Manager Mack , Assistant City Attorney Donovan . * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969 , BE APPROVED AS READ . Upon the call of the roll , the vote resu lted as follows: Ayes: Councilmen Parkinson, Lon e, Kreiling, Dhority , Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried . ****** Mayor Schwab recognized Mr. G. E. Stacy, 3900 South Sherman Stree , from the list of "Speci al Citizen Program Invitees." Mr. Stacy stated that the meeting was very impressive and that he would like to comment on the City's one-way street patte rn. Mr. Stacy stated that since South Sherman Street has b ecome one way more traffic is on the street, two accidents have occurred at the intersection of Mansf ield and Sherman, and problems have result d with children c osslny the street to attend Maddox Elementary School and Englewood High School. Mr. Stacy stated that in order to alleviate these problems the City should con- sider the e limination of South Sherman Street as one way or the installation of traffic signals at the intersection of South Sherm an Street and West Mansf ield Avenue. into. Ma y or S chwab stated that this matter would be looked ****** I t ') • ·' I ! '!' • 0 ' • • A memorandum from the Bqard of Adju stment and Appe als recommending an encroachment at 3475 South Pennsylvania Street was r ecei v ed for the rec ord . COUNCILMAN DHORTTY MOVED , COUNCI LMAN BROWN SE CONDED, THAT THE RECOMME~DATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN ENCROACHMENT AT 3475 SOUTH P ENNSYLVANIA STREET BE ACCEPTED. Disc uss~on ensued . COUNCILMAN LONE MOVED, CO UNCILMA~ PARKINSON SECONDED , THAT THE RECOMMENDATION OF THE BO ARD OF ADJUST MENT AND APPEALS BE TABLED FOR FURTHER CONSIDERATION . Upon th,e c all of the roll , the vot e resulted as follows : Aye s: Brown , Schwab. ounci lm en Parkinson, Lone, Kreil~ng, Dhori y, Nays: None. Abs ent: Councilman Lay. The Ma yor dec la red the mo ion c arr~ed. The minutes of the Plann~ng a nd Zoning Commission mee ings of July 22 and Augus t 5, 1969 we re received for the record. * * * * * * The July, 1969 financial report was received for the record. * * * * City Manager D~al presented a map showing the segments of two a lleys which ar e proposed to be vacated. Mr . Dial stated th at one proposed vacation r esulted from a recommendation o f the Planning and Zoning Commission and th e other from a request of Mr. Charl es Bush, own er of the Dry Creek Shopping Center, to vacate a 25-foot section of the Log an-Grant alley in the 3500 block. Assistant C~ty Attorn ey Donovan stated hat ~n regard to the latter request, Mr. Bush has given the City of Englewood a perpetual easement mak~ng the proposed v acation effect1ve. (This ~s a stipul at ~o n ~n the proposed b~ll for an ord1nance vacat1ng the alley.) Introduced as a Bill by Councilman Dhority a nd read ~n full. A BILL FOR AN ORDINANCE VACATING A CERTAJN PUBLIC AL LEY ACCESS WAY OR RIGHT OF WAY PRESENTL Y EXISTING WI THIN BLOCK 4 , BIRCII'S AD DITION TO BROADWAY HEIGHTS, SE OND FILING, CI T\ OF EN LEWOOD , STATE OF COLORADO . COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE . Upon the c all of the roll , the vote resulted s follows: -3-I • • . ' • • Ayes: Councilmen Parkin son, Lone, Kreiling , Dhor ity , Brown, S chwab. Nays : None . Absent: counc1lm a n Lay. The Ma yor declared the mo 1on carried. Int r oduced as a B "ll b y 0~u~1llli a · Dhority and read 1n full. A BU.L FOR AN ORDINAN EVA ATING A ERTA IN PUBLIC ALL EY, AC CESS WA OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BL OCK 3, BI RCH'S ADD ITION TO BROADWAY HEIGHTS, SE COND FILING, CITY OF ENGLEWOOD , STATE OF COL ORADO, AND RETA INING AN EASEMENT FOR UTILI TIES. COUNCILMAN DHORITY MO VED, COUNCILMAN KREILING SECONDED , THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READIN G AND ORDERE D PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll , the vote resulted as follows ~ Ayes: Councilmen Parkinson , Lon e, Kreiling, Dhori ty, Brown, Schwab . Nays: None. Absent: Councilman Lay. The Mayor dec lared the motion carried . * * * * * Introdu ced as a B1ll b y Councilman Lone and read in fu l l. A BILL FOR AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD , COLORADO, PRESENTLY KNOWN AS "SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION WITH WES T TUFT S AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESEN TLY KNO WN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD , COLORADO , FROM ITS INTERSECTION WITH WE ST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WIND ERMERE STREET ", E FFECTIVE 12:01 A.M . ON TilE FIRST DAY OF J ANUARY , 1971 . COUNCILMAN LONE MOVED , COUNCILMAN BROWN SECONDED , THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FUL L IN THE ENGLEWOOD HERALD AND ENTERPRISE. City Manager Dial sta ted tha t he h ad p revi ously been asked to i n form Ar a pahoe County and the City of Sherida n o f the City 's intent to rename South Pecos Street and South Sant a Fe Lane to South Windermere Street. Mr. Di al st a ted that he h ad received approval from both entil1es and read a letter from Mrs. Hutcheson, City Clerk fur the C1ty of Sher1dan, stat1ng such . Upon the call of the roll , the vote resulted a s follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. -4- ·. ·' \ ! 'f I • • ' - • • Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried . * * * * * RESOLUTION NO. 28, SERIES OF 1969 RESOLUTION APPROVING A MAS TE R PLAN FOR THE CITY OF ENGLEWOOD, COLORADO ENTITLED "TH E COMPREHENSIVE PLAN FOR ENGLEWOOD , COLORADO, 1969." (Copied in full in the off1cial Re solution Book.) COUNCIL MAN PAR KINSON MOVED , COUNCILMAN LONE S ECOND ED. THAT RESOLUTI ON NO . 2 8 , SERIES OF 1969 BE ADOPTED AND APPRO VED. Di s c ussion ensued . Upon the c all of the roll , the vo te resulted as follow s : Aye s : Councilmen Parkin son , Lone, Kreiling , Dho rity, Brown, Schwab. Nays: Non e. Absent: Councilman Lay. The Ma y or d ec lared the mo tion carried . * * * * * * Ass ist ant City Attorney Donovan reported on the lltl- gation o f Mr. Robert E. Moo dy , 2352 Wes t Harvard, for h1s failure to c omply with the Englewood Housing Code. Mr. Donov an stated that at the court hearing on the contempt cit ation he cou ld no t fully advise the court of the situation as the building inspectors were not allowed on the property. Mr. Donovan s t ated that the court ordered Mr . Mood y to let the buildi ng inspectors i nspect his property and that he was waiting for a written repo rt from the Building Department in order to give the cour t the exact status of Mr . Moody 's c ompliance w1th the Code. * * * * * Assistant C1ty Attorney Do n ovan reported on the l1t1- g a t1on of Mr. Ol iver S . K1ngsley , 2350 South Tejon. Mr. Do novan stated that three s u 1ts were pending against Mr . Kinsl ey. The first one concerns the c leaning up of his property . Mr. Donovan stated that the court h as given Mr. K1ngsley a stay of execution (90 d a ys ) 1n which to c lean up h1s property at h1s own e xpense and that if an y disagreement should occur between the City and Mr . K1ngsley as to what 1tems constitute junk , both part ies should resolve the discrepa ncy themselves. If un able to do s o, the matter should be given to the court for specific determin a tion. Ass1stant City Attorney Donovan s ated that a ques ion had been ra1sed regarding whether o not he City would i ncur any liability as a result of the 90 days given Mr. Kingsley since a) Winslow Construction Comp an y had moved in equipment to clean up the property a few days before the stay of execution and , con- sequently, moved it out and b) because of the contract the City -5- r - I • • ·' \ t ' • • had entered i nto with Mr. Winslow. Mr. Donovan stated that he had been advised b y Mr. Winslow that if the original contract and the bond whic h had b e en posted were returned to him, he would call the entire ma t t er as b e ing null and void at no expense to the City or Mr. Kingsley . Discu s sion e nsued. Assist a n CLty Atto r ney Donovan briefly discussed two other Ki ngsl ey ma tters wh~ch includ e t he F e deral court c as e l i t i - g a tion a n d t h e subdivi sion litigat ion i n wh ich the court stated tha t t h e City cou l d no t re st ric t t h e f ree conveyance of property . * * * * * * City Manage r Dial formally presented the City Manager 's Rec omm e n ded 1970 Budget to the Council. COUNCILMAN PARKINSON MOVED , COUNCILMAN KREILING SECONDED, THAT THE CITY MANAGER'S RECOMMENDED 1970 BUDGET BE ACCEPTED AND RECEIVED FOR THE RECORD AND THAT A PUBLIC HEARING ON THE PROPOSED BUDGET BE ESTABLISHED ON SEPTEMBER 2, 1969 AT 8:00 P.M. AT CITY HALL. Ci t y Manager Dial stated that copies of the proposed budget are on file with the official records. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Na y s: Non e . Abse nt: Counc i lman Lay. The Mayor declared the motion carried . * * * * * * City Manager Dial gave a brief report on the status of the Department of Finance's accounting machines. Mr. Dial stated that bids were previously received on a lease arrangement for an account ing machine and that award of the contract went to the Burroughs Corporation. However, b e cau se of thier failure to deliver the machine in the time specified, the contract was c anc e l l e d. Mr . D ~al s t a ted t h a t di s cus sions with the National Cash Reg1ster Company were c ommen c ed shortly after cancellation and that the Ci t y has been able o obtain an accounting machine from that firm on a straigh t-lease basis. The lease payments are comparable to the origi nal b i d. Mr. •Dial also stated that intensive research regarding th e feasibility of a combined data processing center with other area c ommunities was being under- take n by D1rec tor of Financ e Ly on. Ci t y Manager DLal r~q u csLed authori zati on f or an ou t - of -sta te trip for Fire Chie f Sover n and three men to inspect an aerial platform truck from Au gust 19 to August 21, 1969. Mr. i al stated t h at the c ost o f the trip would not exceed $200. COUN C ILMAN PARKINSON MOVED , COUNCILMAN LONE SECONDED, AN OUT-OF-STATE TRI P BY FIRE CHIEF SOVERN AND THREE MEN TO -6 - ' \ l '! I • • , • • had entered into with Mr. W~nslow. Mr. Donovan stated that he had been adv ised b y Mr . Winslow that if the ori ginal contract and the bond which had b een posted were return ed to him, he would call the entire matter as being null and voi d at no expense to the City or Mr. Kingsley. Disc uss ion e nsued. Ass ist ant City Attorney Donovan briefly discussed two other Kingsley matters which include he Federal court c as e l~ti­ g a tion and the subdivision litigation in which the court sta ed that the City could not res t rict the free conveyance of property. * * City Manager Dial formally presented the City Manager's Recommended 19 70 Budget to the Council . COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THA T THE CITY MANAGE R'S RECOMMENDED 1 970 BUDGET BE ACCEPTED AND RECEIVED FOR THE RECORD AND THAT A PUBLIC HEARING ON THE PROPOSED BUDGET BE ESTABLISHED ON SEPTEMBER 2, 1969 AT 8:00 P.M. AT CITY HALL. city Manager Dial stated that c opies of the proposed budget ar e on file with the offici al records. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Kreiling, Dhor ity, Brown, Schwab. Nays: None. Absent: councilman L a y. The Ma yor declared the motion carried. * * * * * * City Manager Dial gave a brief report on the status of the Department of Finance's accounting machines. Mr. Dial stated that bids were previously received on a lease arrangement for an account i n g ma chine and that award of the contract went to the Burroughs corporation. However, because of thier failure to deliver the machine in the time specified, the contract was c ancell ed. Mr . D ~al s tated that discussions with the National cash Regist er company we re commenced shortly afte r c ance llation and that the City has been a ble to obtain an accoun ting machine from that firm on a stra ight-lease basis. The leas e payments are comparable t o the original b id . Mr. Dial also stated th at intensive research regarding the feasibility of a combined data processing ce nt er with other area c ommunities was being under - taken b y D~rector of Finance Lyon. City Manag r O~al requ esled author~zat~on or an out- of-state trip for Fire Chief Severn and three men to inspect an aer i al platform truck from August 19 to August 21, 1969. Mr. Dial stated that the c ost of the trip would not exceed $200 . COUNCILMAN PARKINSON MOVED , COUNCILMAN LONE SECONDED, THAT AN OUT-OF-STATE TRIP BY FIRE CHIEF SOVERN AND THREE MEN TO -6- 0 I • • . , ' r ' 1 • • INSPEC T AN AERIAL PLATFORM TRUCK FROM AUGUST 19 TO AUGUST 21, 1969 AT AN EXPENDITURE NOT TO EXCEED $200 BE APPROVE D. Upon the call of the roll, the vote resulted as follow s : Aye s: Councilmen Pa rkinson , Lone, Kreiling, Dhority , Brown, Schwab. Nays ~ None. Ab sent: councilman Lay . The Mayor declared he mot~on carried. A summary of the proposed City of Englewood pension plan was received for the record. * * * * * City Manager Di al reported that Mr. Douglas Porter from the Departme nt of Housing and Urban Deve lopment visited the City last week and reviewed the City's parks and dis cussed the Western Slope De v e lopme n Project with D~rector of Utilities Carroll. City Man aqer Di al stated that he discuss ed with Mr. Porter th e Open Space Second Amendatory Contract and a letter he had received from Mr. Travis Wm. Miller of the Department of Housing and Urban Development which stated that hecause Open Space funds were limited, the City's Open-Space Grant could not be increased to it s original appraisal. Mr. Di al also s t ated that he discussed with Mr. Porter the a cquisition of park land from another governmental agency and re a d excerpts from his lett er to Mr. Mi ller dated August 15, 1969 pertaining to same. * * * * * * City Man a ger Di al reported o n the seal coating of Englewood streets by Arapahoe County. * * * * * * Ci ty Manager Dial stat e d th at he had been asked to attend the meeting of the We s te rn Conference of the Council of State Governments , S eptember 8, 9, and possibly 10, wh ich will b e composed of 13 western state s . * * " Ci y Manager Di al reminded members of Council of he National League of C~ties' con fere n ce wh ich will be held in San Di ego , California, December 1 to 4, 196 9. C~ty Manager Dial gave a brief report on the condition of the M~ller property, 4089 South Acoma. Mr . Di al stated that no ~ce was given to Mrs . Mi ller on Aug us t 11, 1969 calling for the removal of the l1t er from her property on Acoma within 30 days and that Acting Ch~ef Build~ng Inspector Hamilton reiterated to her personally the 1ntent of the notice. -7- I ! 'r I • • ' - • • Councilman Lone requested that a resolution or the necessary papers b e prepared for Council's consideration at the next city Council meeting in order that an amendment to the City Charter could b e placed on the November 4, 1969 General Municipal Election ballot regarding the removal of the "taxpayer only" qualification for voting in general obligation bond elections as recommended by Mr. Bill Lamm of Willson and Lamm, bond counsel for the special storm sewer bond election . * * Co un cilman Kre i ling stat ed tha he and Councilman Dhor ity had selected Mr. Bruce M. Heider of Walter E. Heider and Company, 300 East Hampden Avenue, as the aud itor for the coming year. MAYOR SCHWAB MOVED , COUNCILMAN KREILING SECONDED , THAT MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, 300 EAST HAMPDEN AVENUE, BE APPOINTED AS AUDITOR FOR 1970. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parki nson, Lone, Kreiling , Dhority, Brown, Schwab . Nays: None. Absent: Councilman Lay . The Mayor declared the motion carried . * * * * * * Councilman Brown inquired as to whether or not the Citizens Committee on Englewood's storm sewer drainage problems could start moving ahead with plans for a special storm sewer bond election. Councilman Lone stated that by adopting a ~esolution as mentioned, this should give the citizens an indic a ~io n of Coun cil's intent to go ahead with the bond election . *****'* councilman Brown inquired if any applications had been received for the City Attorney's position. Mayor Schwab stated tha one appl~cation had been rece~ved. Mayor Schwab remi nded members of Council of he Englewood Employees ' Annual Picnic on Thursday, Augus 28, 1969 at 4:30 P.M. at Englewood-Belleview Park. COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOU RNED . Upon the c a ll of the roll, the vote resulted as fol lows : Ayes: councilmen Parkinson, Lone, Kreiling , Dhority, Brown, Schwab. -8- .-- I • • f • • Nays: None. Absent: councilman Lay. The Mayor declared the motion carried and the meeting adjourned at 10:06 P .M. I • • • • • OFFICIAL CITY C OUNCIL DOCUMENT r ,,..,,. ,.'"' SFP ? 'n9 COU NCIL I" _, it-IG F I LE Cl:J-'i Of': ENGL EWOOD, C OLO. "SPECIAL CITIZEN PRCXiRAM INVITEES" -September 2, 1969 Precinct No . l -Mr. and Mr s. RichardS. Thompson, 2071 West Iliff Avenue Precinct No. 2 -Mr. and Mr s. Joe T. Chinery, 2 941 South Banno ck Street Precinct No. 3-Mr . and Mr s. Peter Kl ismet , 2835 South Sherman Street Precinct No. 4 -Mr. and Mr~. M. A. Hitchcock, 3540 South Galapago Street Precinct No. 5 -Mr. and Mrs. J ohn P. Sch ubarg, 3166 South washington Street Precinct No. 6 -Mr. and Mrs. Ronald G. Regas, 3210 South Emerson Street Preci n ct No. 7 -Mr. and Mrs. W. L. Klingler, 3130 South Lafayette Street Precinct No. 8 -Mr. and Mrs. Dewey M. Smith, 2106 East Dartmouth Avenue Precinct No . 9 -Mr. and Mr s . Ray R . Rausch, 3851 South Delaware Street Preci n ct No. 10 -Mr. and Mrs. Ron LaPoint , 3935 South Clarkson Street Prec i nct No. 11 -Mr . and Mr s. Fred Martin , 4388 South Cherokee Street Pr~ct No. 12 -Mr. and Mrs . Kenneth G. Ferguson, 4178 South Fox Street ~e cinct No . 13 -Mr. Robert A. Hewitt , 4510 South Grant Street Precinct No . 14 -Mr . and Mrs . Eugene Creel, 4 26 South Lincoln Street ~net No. 15 -Mr. and Mr~. John F. Pool~ ~:! 49 South Kalamath Street Precinct No. 16 -Mr . and Mr s. Chris D. Chabas, 2921 We st Saratoga Avenue • I • • • - 0 - • , ~~~,.;.. -.. .. ~ ~.--. !~ ... ., &.:.;. ... ......... '='· ~ •. ENGLEWOOD , COLORADO f) B .O 11 0 O"fCI O' CAifll SIIYICI 3400 sourH UA" natrr PMONI 7.1 .. 1 140 TY ·Members of City Council Career Service Board City of Englewood Englewood, Colorado Gentlemen: L COLO. August 14, 1969 Attached are "Letters of Understanding" signed by representatives of the Firetlghtera Aaaociation, the ~olioe Aeaociation and the Employees Association, and each association haa advised their people. All Aaao ~i­ ations have agreed to the benetite Mnd the conditione of theee "Lettere of Underetanding". All thr~e City officials also concur by their eignatures that they are in agreement with the conditione and benefits of theee programa. A brief outline and breakdown ot the coat ot theae various it~a are approximately aa follows: $44,014 -Fire Deparanent pay increases 5,000 -Cleaning allowance tor Police Department 43,550 -Health insurance, General Pund 16,450 -Health i~aurance, Utility Fund 4 3,550-Pension program, General Fund 16 ,4 50 -Peneion program, Utility Fund $169,014 -Total Mr . Dia l , Mr . Criawell and myself recommend to the City Co unci l and the Career Service Board favorable considera- t i on o f all the se items. Respectfully subm i tte d , ., •• 1 (t:() 1 ~ ~·T H E C AINATIOH CI TY " ., ·q r'r • • .. t:t~r:· .. /~ .· ... ,· , .• I ! "f I • • ' - l ,. • - • 0 - August 11, 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD FIREFIGHTERS ASSOCIATION AND CITY OFFICIALS . The following is a letter of understanding that has been concluded through mutual discussions between m~bers or the Englewood Fire- Fighters Association and City ofricials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It ia agreed that the pay scale for the Fire Department will be as follows: 0-12 months 13 -24 months 25-36 months 37 or more Lieutenant Captain $543 628 693 727 842 884 We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave be extended during 1970. It is agreed that the above benefits will go into effect on January 1, 1970 and that this will constitute the total wages and fringe benefits for the calendar year of 1970. However, it is agreed that discussion on a wage and fringe benefit program may commence at any time deemed necessary by the Firefighters Associa- tion or the City Administration with the understanding that any such wage and fringe benefit program agreed upon would not go into effect unti l 197 1. ~.~ut7 _ ;fhn;#'-~ ~~A: < I • • \ l ·~ • • 0 • August 11, 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD POLICE ASSOCIATION AND CITY OFFICIALS The following is a letter of understanding that has been concluded through mutual discussions betweem members of the Englewood Police Aesociation and City officials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It is agreed that the City will provide for the cleaning of six (6) winter uniforms per month during the winter season and for the cleaning of ten (10) summer uniforms per modth for the summer months. The period for wearing each will be aa required by the Chief of Police. We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave be ext~ded during 1970. It is agreed that the above benefits will go into effect on January 1, 1970 and that this will constitute the total wages and fringe benefits for the calendar year of 1970. However, it is agreed that discussion on a wage and fringe benefit program may commence at any time deemed necessary by the Po lice Aasociation or the City Administration with the understanding that any such wage and fr i nge benefit program agreed upon would not go into e ff ect until 1 97 1. I . • - • • • BOARD OF COUNCIL OFFICERS Bill Todd Harry Musser Roland Wingo Ray Printz Ed Reed August 28, 1969 Pres. Ed White V. Pres. Andy Binard Treu. Edith Romana Sec'y Esther Woodhead Mr. John F. Murphy Director, Career Service City of Englewood Englewood, Colorado Dear Sir: The attached letter of understanding dated August 8, 1969, was presented at the regular meeting of the Municipal Employees Association on August 21, 1969, and was thoroughly discussed. The letter was approved except that the Association members feel that it should be made clear that those who have reached the limit on their sick leave will have their limit extended in 1970 by the amount of sick leave earned during the year of 1970. There was some dissatisfaction with the fact that there was no provision for time and one-half for overtime nor for possible cost of living salary increases. Salary increases and further fringe benefits will be discussed at a later date. Sincerely, Esther M. Woodhead Sec'y, Municipal Employees Association CC: Mr. Stanley H. Dial Mr. John Criswell Att. Ltr of Understandinv Dated AQ9. 8, 1969 I • • - • • 0 • August 8, 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD MUNICIPAL EMPLOYEES' ASSOCIATION AND CITY OFFICIALS The following is a letter of understanding that has been concluded through mutual discussions between members of the Employees' Association and City officials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It is agreed the City will set up a pension program by ordinance designating a penRion committee and the rules the pension committee will operate under. This has been agreed to by your present representatives and the Pension Committee which has been working toward this goal for the past several months. Basically this pension program consists of a 5~ City contribution and a matching J% employee contribution. This is in supplement to the social security benefits. We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave be extended during 1970. It is agreed that the above benefits will go into e1'fect on January 1, 1970 and that this will constitute the total wages and fringe benefits for the calendar year of 1970. However, it is agreed that discussion on a wage and fringe benefit program may commence at any time deemed necessary by the Employees' Association or the City Administration with the understanding that any such wage and fringe benefit program agreed upon would not go into effe c t until 1971. ~lf;:D~ ~) 1 ~~ RO I Go ;- ~~~ -··- , I •, I ! 'f I • • ' - • • 0 - TO: City Council FROM: Career Service Board SUBJECT: 1970 Salary and Fri nge Bene£it Recommendations DATE: August 2 9 , 1969 I n c ompliance with t h e Muni c ipal Co d e , Section 6-13 wh ch states tha t the Career Service Board shall recommend £or approval by Council, a pay plan £or the next £1scal year, the Career Service Board recommends to City Council the adoption or the recommenda- tion as outlined in the "Letters of' Understanding" between City o ££icials and representatives of the Employees' Association, the Fire£ighters 1 Association, and the Police Associatjon. However, the Board strongly recommends that the pay increases granted according to years o£ servi ce for the Fire Department as outlined in the "Letter of' Understanding", not be automatic, but be treated as a merit increase recommended by the Fire Chie£, as is the present practice. In addition to the recommendations contained in the "Letters of Understanding", we feel that according to the research that has been made, a provision £or conver s ion of sick leave is warranted. We recommend that upon retirement, one half day 1 s p a y be exchanged for every si c k day accumulated over 90 days. Re spec tfull y submi tted : H. R. BRA UN SEP 2 J969 I • • . , I ! I '!' - A • • ~ /) ~ .. ". g ~ J~o~ ~~~, ~ 0 F F I C ~~~u tAEN"I' oUNCI L CITY c R£TU<11~ ,.,., RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS FOR g 1970 CITY EMPLOYEE SALARIES AND RELATED BENEF'5($ ? 'b Tl G FILE E NCIL MEC ooD. coLO · WHEREAS, the City Council of the City of Englewood ha~ :at<lb~w City Manager, City Attorney a nd Personnel 'n to dis- cuss employee wage and related benefit matters with repre- sentatives of City employee groups and to conclude such dis- cussions with recommendations to the City Council; and, WHEREAS, the aforementioned City officials have discussed such matters with employee representatives on several occasions during the last six months; and, WHEREAS, the conclusions of these aforementioned discussions have re- sulted in three "Letters of Understanding" between the afore- mentioned City officials and representatives of the Englewood Police Association, the Englewood Fire Fighters Association, and the Englewood Municipal Employees' Association; and, WHEREAS, the Board of Career Service Commissioners of the City of Englewood has reviewed the aforementioned "Letters of Under- standing" and have recommended the adoption of the same, sub- ject to certain modifications; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Englewood does hereby approve and accept the joint recommendations of the aforementioned City officials and employees, as incorporated in the "Letters / of Understanding" hereinabove referred to; d111 • Ill•! eppsr s J'l ,r t::;' _., t .. t Ill idtRI&tJOS sf tl I Jiill..-11 af Q £ V 'u 91 iOSisU£5 to pay ~ hail rltiP'-81••hJ666 .. d' Mrls pq ' 111 .. 1115 f sisl: lu 1 au• taw i:rt1ll ks eaeh ,hg r · tg JUJu, and does hereby announce its intent to implement such recommendations in such resolutions and ordinances as may be necessary to effectuate the same effective January 1, 1970. ATTEST: I, Stephen A. Lyon, Ci t y Clerk-Treasurer of the City of Englewood, do hereby certify that the above a nd foregoing is a true, accurate and com- plete copy of a resolution passed by th e City Council of the City of Engle- wood at a regular meeting held on September 2, 1969. . , .• I ! 'r I • • • OFF ICIAL CITY CO UNCIL DOCUMENT r •. 1 ., ,0 COU CIL r.~--' ,,,G FI L E CITY OF ENGLEWOOD, COLO. • RESOLUTION ACC EPTING AND APPROVING RECOMMENDATIONS FOR 1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS WHEREAS, the City Council of the City of Englewood has authorized the Ci t y Manager, City Attorney and Personnel Director to dis- c us s employee wage and related benefit matters with repre- sentatives of City employee groups and to conclude such dis- cu ssions with recommendations to the City Council; and, WHEREAS, the aforementioned City officials have discussed such matters wi th em ployee representatives on several occasions during the last six m onth s; a nd, WHEREAS, the c onclusions of these aforementioned discussions have re- sulted in three "Letters of Understanding" between the afore- mentioned City officials and representatives of the Englewood Police Association, the Englewood Fire Fighters Association, and the Englewood Municipal Employees' Association; and, WHEREAS, the Board of Career Service Commissioners of the City of Englewood has reviewed the aforementioned "Letters of Under- standing" and have recommended the a doption of the same, sub- ject to certain modifications; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Englewood does hereby approve and accept the joint recommendations of the aforementioned City officials and employees, as incorporated in the "Letters of Understanding" hereinabove referred to; does hereby approve and accept the recommendation of the Board of Career Service Commissioners to pay to all retiring employees one-half day's pay for each day of sick leave accumu- lated by such employee over ninety days; and does hereby announce its intent to implement such recommendations in such resolutions and ordinances as may be necessary to effectuate the same effective January 1, 1970. Mayor ATTEST: City Clerk-Treasurer I, stephen A. Lyon, City Clerk-Treasurer of the City of En glewood, do hereby certify that the above and foregoing is a true, accurat e and c om- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regul ar meeting held on September 2, 1969. City Clerk-Treasurer I • • .• \ ( ' 'r TO: Sua.IICT : • • • • 0 - INTII.QFFICE MIMOilANDUM Stanley H. Dial DATI : August 28 , 1969 Kells Waggoner ,... c~ c ONE-WAY STREETS I aa attaching hereto the requested cost analysis of some one- way street considerations. Those to be considered were : Bannock north -Cherokee south froa Yale to Chenango Bannock south -Cherokee north froa Yale to Chenango Floyd west from Downing to Bannock Girard east froa Logan to Downing B'apden two-way froa Logan to Bannock Tbe report is baaed on the ainiaua aaount of work to be accoaplisbed with an indication of soae future sienal considerations. By ainiaua aaount of work J would refer you to the attached layouts aDd tbe red cbaniea thereon which do not contemplate cbaaeiae any aast arm. but only to reverse the signal beads, etc., altboucb these are not tbe desireable installations tbey would probably suffice. There would be s~e adjustaeats to be made in the signal tiaing but tbeee could be worked out in the field . Sincerely, J:ells Waeeoaer Director of Public Works D:pd I • • ·. •' \ ! - TO: Kells Waggoner • 0 - !NTH-OFFICE MIMOUNDUM DATI: August 19 , 1969 BOM : Jia Hamaond, Traffic Engineer COST ESTIMATES AND ANALYSIS OF VARIOUS CHANGES AND/OR ADDITIONS SU&IICT : TO PRESENT TRAFFIC SYSTEM I. Cherokee Street one-way northbound (Chenango to Yale) 1. Layton Avenue pole/sign $136.60 labor 20 .00 To ta 1 ........... $,.1511ar"'."ll8"'0 2. Union Avenue pole/sign $ 38 .96 labor 5 .00 Total • . . . . . . .... $-4~"~3r."'l'lgr~ra 3. Tufte Avenue pole/sign $ 38.96 labor 5.00 Total . . . . ....... $-4~"~3r."''lgr~ru 4. Stanford Avenue pole/sign $ 66.52 1a bor 6. oo._.,.,...._ Total. ....••.. S 72.52 5. Radcliff Avenue · ' pole/sign $ 38.96 labor 5.00 Total ........... $~41"13r-."''IU8111 6. Quincy Avenue pole/sign $188.42 labor 16.01 Total .......•• •i•M--.,4•3 7. Priacetoa Avenue pole/aign $ IO.It labor 5.00 Total ........... t,....,isr.""~~IAI• 8. Oxford Avenue pole/aign $173.02 labor 16.00 Total ...•..... •t~Ia•un.02~ 9 . Raaaau Aveaue pole/aiaa $ 60 .96 . labor 6.00 Total ............ ,....,iir.,g•a 10. ..uUeld Aveaue pole/aiga $ 88.52 · labor 10.00 Total ........... t,...,.t•er-... 5""2 • I· • •• ' r ' "!' • -- 0 • 11 . Lehigh Avenue pol e /sign $ 3 8 .96 labor 5.oo __ ,_ __ ~ Tota l ......... $ 43 .96 12 . Kenyon Avenue pole /sign $168 .62 labor 1 6 .00~_,--w- Total ......... $184 .62 13. Jefferson Avenue pole /sign $ 38 .96 labor 5 . oo_._.. ........ Total. ........ $ 43 .96 14 . Ithaca Avenue pole/sign $ 28.97 1a bor 6 . oo_orr-__ Total ......... $ 34 .97 15. u.s. 285 pole/sign $ 69 .71 labor 15 .00 signal loop material 50 .00 signal tools / labor 160 .00.~~--~ Total. ........ $294. 71 16. Cherokee Circle pole/sign $ 59 .64 labor 6 . oo _____ ,... Total. ........ $ 65.64 17. Girard Avenue pole/sign $141.34 labor 16.00 To ta 1 . . . . . . . . ... $,..15""7...-..... 31'74 18. Floyd Avenue pole/sign $126.10 1a bor 20 . oo._..,...., .......... Total ......... $146.10 19. Ellstaan Avenue pole/sign $ 71.16 labor 10.00 total .. , ...... 81 ........ 1 ..... 6 20 . Dartaouth Avenue pole/sign $142 .86 labor 20 .00 Total ........... $,.1'1!!"62..-.. 81'1!6 21. Cornell Avenue pole/sign $ 38 .96 labor 6 . oo_.,..........._ Total. ........ $ 44.96 22. Bates Avenue pole/sign $ 38.96 labor 6 .00 23 . Allherst Avenue To tal ~$~4~4~.·g-6 pole/sign $ 38.96 1a bor 6 . oo._.. ....... ~ .. Total ......... $ 44 .96 I . • -2- .• I ! ' • '!' - • • 0 - 24 . Yale Avenu e pole /sign $124 .70 labor 20 .00,.....~-- Total ......... $144 .70 I tems 1-24 subtotal ........................ $2 ,480 .78 25 . Pain t 64 gallons @ $2 ..................... $128 .00 26 . Bol t , nu ts , and banding material .......... $ 25 .00 Subtotal sign , pole , material , pain t & labor .......... $2 ,633.78 27 . Near future signalization: a . Cherokee & Quincy (semi-actuated) $4 ,500 .00 b. Cherokee & Oxford (semi-actuated) $4 ,500 .00 c . Cherokee & Floyd (fixed-time) $3 ,850 .00 d . Cherokee & Dartmouth (fixed-time) $3 ,850 .00 subtotal ...... 0 0 •••• $16 ,7oo .o0 Subtotal for signing & signals ....................... $19 .333.78 28 . Smooth out drainage crosspans at following i nterse c t i on s on Cherokee Street : a . north leg at Stanford Avenue $ 30 .00 b . north leg at Radcliff Avenue $ 30 .00 Total ................ ~s--~6~o~.~o~ar TOTAL FOB CHEROKEE (NORTHBOUND) ................. $19,393 .78 II . Bannock Street one-way southbound (Yale to Chenango). l. Yale Avenue pole/sign $ 48 .24 labor 6 .00 Total ......... $ 54 .24 2 . Amherst Avenue pol e /s ign $ 3 8 .96 labor 5 .00 Total. ........ $ 43 .96 3 . Bate• Avenue pole/sign $ 23 .36 hbor 3 .00 Total ......... $ 26 .36 4 . Cornell Avenue polef sign $ 38 .96 labor 5 .00 Total ......... $ 43 .96 -3 - ' I • • .• I ! ' ! • - 0 - 5 . Da r tmot1th Avenue pole/sign $ 3 8 .34 labor 6 .00 T o t a 1. ........ $ 44.34 6 . Quincy Avenu e pole /sig n $ 66 .52 labor 10 .00 Tota l ......... $ 76 .52 7 . Radcliff Avenue pole /sign $ 38 .96 labor 5 .00 Total. ........ $ 43 .96 8. Sta.nford Avenue pole/sign $ 38 .96 labor 5 .00 Total ......... $ 43 .96 9 . Tufts Avenue pole/sign $ 71.16 labor 12 .00 Total. ........ $ 83 .16 10. Union Avenue pole/sign $ 38 .96 labor 5.00 Total ......... $ 43 .96 11 . Layton Avenue pol e /sign $ 86 .28 labor 12.00 Total ......... $ 98 .28 12 . Chenango Avenue pole/sign $205.88 labor 30 .00 Total ......... $235 .88 Items 1-12 subtotal .......................... $ 838 . 58 13 . Paint , 26 gal . @ $2 ....................... $ 52 .00 14 . Bolts , nuts , and banding material ......... $ 10 .00.~----~- Total. ............... $ 62 .00 subtotal sign , pole , material , paint & labor $ 9oo.ss 15 . Near f uture s ignalization: a . Ox ford & Bannock (semi-actuat e d) $4 ,500 .00 b . Quincy • Bannock (sem i-a c tuat e d $4 ,500 .00 Total ................ ..o$w9"""', o,...,o'"o.-..... o""o TOTAL FOR BANNOCK (SOUTHBOUND) ................... $9 ,900 .58 I . • -4 - ·. ·' I ( f . , • • • 0 • Ill . Composite cost estimate for Cherokee Street one-way north- bound and Bannock Street one-way southbound between Yale Avenue and Chenango Avenue : A . Signs , poles , miscellaneous material , and labor : Cherokee Street Bannock Street B . Street marking paint : Cherokee Str e et Bannock Street $2 ,505.78 848 . 58 ........ -..-~ ........ Tota 1. ........ $3 ,354 .36 $ 128 .00 52 . oo----. ........ ~,.,...- Total ........ $ 180 .00 C Recommended Signalization : Cherokee Street Bannock Street $16 ,700.00 9 ,000 .00.~~~~-- Total ........ $25 ,700.00 D . Reconstruct drainage crosspans : West Stanford Avenue West Radcliff Avenue $ 30 .00 $ 30 . oo....--___,...,....~ Total ......... $ 60 .00 GRAND TOTAL ........................... $29,294 .36 IV. Composite cost estimate for the opposite directional flow of III would be approximately the same with the addition of three items as follows : A . Installation of additional signal loop detection on South leg of Bannock at US 285 -labor and materials $230 . B . Relocation of parking restriction signs on Bannock between US 285 and Oxford Avenue -labor $150 . C . Revis e and reset signal heads -$400 . Additional sig nal detection Sig n r e location (B) Signal revision (C) l ess s i g nal detection (see Sig ns , pol e s , tc . Paint Re construct drainage Re commended 1gnals -5 - (A) $ 230 .00 $ 450 .00 $ 400 .00 I-15) - $ 210 .00 s ubtotal ............... $·--~s~7~o-.~o~o $ 3 ,354 .36 $ 180 .00 $ 60 .00.-~...,.... ........ s ubtotal ............... $ 3 ,594 .36 $2 5 , 1 o o . o o.'"""--..-'trT"~ TOTAL .................. $30 .164 .36 ' I • • .• \ ( f • - - V . Floyd Avenue one-way westbound (Down i ng to B~nnock). 1. Down i ng Street pole/sign $ 66 .80 labor 6.00~~~- Tota l ......... $ 72 .80 2. Corona S t r e et pole/sign $ 38 .96 labor 5 .00~~--- Total. ........ $ 43 .96 3. Ogden Street pole /sign $ 46.76 labor 6 .00.~~~- Total ......... $ 52 .76 4 . Emerson Street poleisign $ 68.76 labor 10 .00,_~~~ Total. ........ $ 78.76 5. Clarkson Street pole/sign $112 .66 labor 20. oo ...... _. ...... Total ......... $132 .66 6 . Washington Street pole/sign $ 78 .80 labor 10.00 . ._-_........,. Total. ........ $ 88 .80 7 . Pearl Street pole/sign $ 68.76 labor 6.00·.-~-.w Total ......... $ 74.76 8. Pennsylvania Street pole/sign $ 38.96 labor 6. oo_..._._ Total ......... $ 44.96 9. Logan Street pole/sign $ 80 .26 labor 15 .00 To tal ........... s-gsr.-.2m6 10 . Grant Street pole/sign $ 73 .29 labor 20.00.~~~~ Total ......... $ 93 .29 -6- • ,._ .• \ ! 'r I · • ' - • • 0 - 11. Sh e rman Street pole /sign $ 33 .54 labor 6 .00 Tot a l . . . . . . . . .... $--.r,3 grr_-=s~4 12. Lincoln Street pole/sign $ 54 .52 labor 6 .00 Tot a 1 . . . . . . . . .... $--z!'06o~r.O!s~2 13 . Broadway pole/sign $101.22 labor 15.00 Tot a l . . . . . . . . .... $..,..1.,...16~.~21'1f2 14 . Acoma Street pole/sign $128.96 labor 15 .00 To t a l. . . . . . . . ,,$..,..17'4 Jor-1". grzo6 15. Bannock Street pole/sign $ 72.02 labor 10 .00 Tot a l . . . . . . . . . ,$,...,.,8 2rr-r. 0""2 Items l-15 sub-total ....................... $1 ,220 .27 16 . Paint 1 20 gal.@ $2/g al ................. :.$ 40 .00 17 . Bolts , nuts , and banding material ......... $ 10 .00 18. Reconstruct drainage crosspan at Corona Street ... , ......................... $ 30.00 19. Revise and reset signal heads and timing sequence at Logan Sherman , Broadway , Acoma , and Bannock ........................ $200 .00 TomL FOR FLOYD (WESTBOUND) ...................... $1 ,500 .27 VI. Hampden Avenue . return that portion between Logan Street to Bannock Street back to two-way traffic . 1. Present one-way traffic control devices to be removed from seven (7) intersections including the turning around of signs on the south side .-$500 . 2. Removal of present striping and channelization at an averase of 180 linear feet per block at five (5) cents per foot -$63 .00 . 3 . Repaint street for two-way -20 gallons Q $2 -$40 .00 . 4 . Readjust present signal timing -$100 . TOTAL FOR HAMPDEN (TWO-WAY) ...................... $ 7o3 .oo -7- • ,_ I • ' • • 0 - VII. Composite total of Floyd Avenue one-way and removal of one-way from Ha mpd e n Avenue ; l . Floyd Aven ue Hampden Av enue less materi a l salvage $1 ,500 .27 703 00 $2 ,203 .27 300 .00 TOTAL ......... $1 ,903 .27 VIII. Additional considerations , rec ommendations , and costs : A . Girard Avenue : l . Without the extension of Girard Avenue one-way to Downi ng in conjunction with a removal of one- way on Hampden and installing of one-way west on Floyd would ensue an unbalanced couplet creating an undesira bl e flow of traffic , therefore, the es - timat d cost for Girard Avenu e eastbound to Downing Str et is as follows : a . S ig ns , etc ....................... $ Mounting material ............... . Paint ........................... . 762 .92 10 .00 40.00 subtotal ..... $ 812 .92 Recommended Signal Downing Street ................... $4 ,500 .00 Total ........ $5 ,3 12 .92 2 . Th ere ha s be e n an approximate 9% increase in traffic volume on the one-way port1on between Cherokee an d Bannock Street during 1968-69 . S venty-five percent (75%) of the overall volume ea t of Logan Street is trav ling east. -8 · ·' \ I 'I' I • • - • • 0 • B . Hampden Avenue (all precents are based upon actual counts): 1 . There has been an approximate 10% increase in traffic volume on the one-way portion between Logan Street and Broadway during 1968-69 . 2 . There has been an approximate 16% increase in Traffic volume on the one-way portion between Broadway and Bannock Street during 1968-69 . 3 . There has been an approximate 25% increase in traffic volume on the two-way portion west of Downing Street with 75% of the overall volume going west . 4. The return of Hampden Avenue to two-way movement of traffic would in effect seriously reduce the needed capac1ty potential already established with the present system of streets. Prior to the establishment of one-way west on Hampden Avenue there occured daily , exce pt possibly on Sundays , serious traffic fri c tion and blockage during peak periods caused by left turn1ng vehicles at Broadway . 5 . By extending th beginning point of westbound one-way traffic east to Downing Street (with the accompan 1ng rec1procal of G1 rard Avenue eastbound -9- ' I • • . 1 f • 0 - we would encourage more traffic, both local and those persons "originating 1.n " or "destined to" the core area, to use these two facilities. The Lafayette/Hampden-U .S. 285 intersection will more than likely need signalization in the near future . 6. To extend the on e-way portion of Hampden Avenue east to Downing Street would cost approximately the same as the like portion of Girard Avenue , or approx i mately $800 for signs, etc . The present signal installation at Downing Street is o bsole te and should be improved regardless of the directional flow of traffic . 7 . The present street width of Ham pd en Avenue from Clarkson Street to Bannock Street is sub-standard for development of , or classification as a two-way arterial street . The width varies from 34 feet to 37 feet between Clarkson and Bannock Streets . The present right-of-way is also unsatisfactory for reconstruction and widening to the standard 44 feet for arterial construct io n with curb parking on both s1.d e s The r1ght-of-way b etween Bannock Street and Pennsylvania Street is 50 feet and 55 feet from P ennsylvania Street to Clarkson Street I • • -10- f ·' I ! • • '!' - • • 0 - 8 . Add itional capacity could be maintained for an exten ded period of time if the present one-way were extended . As the volume and friction between vehicles increases it ma y be necessary at a later date to remove the curb parking from one side . C . Floyd Av e nue · 1. The exist1ng alignment o f Floyd Avenue at Broadway could create a conflict in traffic movement if Floyd were changed to one-way west bound . There would probably have to be a restriction for only one lane to mak e the "S " curve . 2 . Another feat ure concerning one-way westbound on Floyd Av e nue would be the termination at Bannock S t r eet . This would have the tendency to create considerable congestion because of the already xisting heavy east bound flow on Floyd Av e nue from Huro n Street t o Bannock Street . The dverage 24 hou r volume on Floyd Avenu e, mo vi ng east only , has increased fr om 630 vehicles in 1967 to 3870 vehicles in 1969 . The circular flow of traffic in t he general area of the "P ark & Shop" pa rking lot would be eriously affecte d if Floyd Av enue were one-way west and Bannock S treet made one-way north . -11- •' . , \ ! '\' I • • - • • 0 - D . Bannock-Cherokee One-way Couplet : 1 . The major undesirable feature of this consideration would be the creation of an unbalanced system if no consideration be given to a reciprocal flow of traffic with Sherman Street on the east . This alone would create the situation of two one-way streets flowing in one direction and only one returning. E . Conclusion: The vehicular traffic flow in Bnglewood is made up generally of vehicles traveling through, in other words the majority of vehicle trips originating in Englewood have destinations outside of th~ City or those originat- ing outside the City pass through the City. The "Origin and Destination Study" conducted by the Colorado Depart- ment of Highways in 1962 , and revisions thereof , in- dicated that vehicle trips to and from the "Central Business District" account for only 13% of the overall volume of traffic within the City. It is assumed that there would be an inc rease in this percentage due to the developaent of the Cinderella City complex but no great change proportionately because the popula t ion of the City proper has not increased that much where it would affect the nature and number of the trips generated fro. within the City . . , .• \ ! '! I • ' - • • 0 • According to information and records available, the City of Englewood has for a number of years, at least five, given close and caref ul consideration to the improvement of its traffic facilities including traffic flow , improved hardware , inter- co nnection and control of traffic signals and the removal of certain hazards and fr1ction points . Those improvements which have been mad e , such as th pr s e nt one-way system , have b n done so with a reasonable amount of success in accomplishing their intent ,and that is to safely and expediently move vehicular traffic in and through the City . This i not to infer that the present traffic-flow system established shoul d not be subjected to review from time to time to assure its continued workability and effectiveness . The proper approach method is through research and study , esta blish a traffic system and then expand and build on it , not make complete changes, from year to year , which i n effect tends to aggravate the traveling public . I therefor , recommen d that the present system and directional flow of traffic not be change d and that any further consideration should be directed toward expansion and improvement of this system . Respectfully yours , ,//, 1 ---J/ -· /' (?/. 4:'-LJ /( / ~fr~0 £. James B . Hammond , Traffic Engineer JBH:pd ' I • • .• \ ! I , 'f • • 0 - TRAFFIC PATTERN STUDY SYNOPSIS 1. Extend South Bannock Street one way south from Yale to Chenango. Extend South Sherman Street one way north from Yale to Chenango. Signs, paint and miscellaneous materials •••••.•••••.•.•.•.••.• City labor costs for installing signs, painting, etc ••••...•..•.• Signal equipment, materials, tools and labor .•..••.•••..•..•.• Total estimated City cost ••.••••••••.•••.•••••••••••••.••• Existing One-Way Proposed One-Way Extension l . f 'i , ( I ' I I I ....... ~, I ·~ r J f'U'-'"'--• L , I I • $ 1,593.1 6 208 .00 18,000.00 $19, 801.16 ,_ • ' r ' '! • • 0 - 2 . Keep So . Bannock :-'t . one way south and e x-tend it from Yale to C henango. Make So. CherokeP St. o ne way north from Ya le to Che n a n ge. Extend Sherman one way n o rth from Ya le to C he n an ,;o . Signs ., p a int a nd m iSf'. materials C ity labor cost for insta lling s ign s , pai nting, etc . Signa l equi pment, m a terials. tools a n d labor Total est im ated <'1ty cost • Present Pattern 4---Alternate Pattern Proposal ,. ) ~ ::,; I I .• I I • ........ ..... I I ,,. ,_~'--.;_----; • u ,_ ..... r __ -.J.( 'I / "" "' t:-· ' \ I . \? ": t ' I , • ! I ,..., .. , I- J I $ :l, 25 . 9.J 459 .00 34 ,91 0 .00 • :J9 , 194.94 I • • - • • 0 • 3. Change So. B a nnock St. to one way north from Ya le to Ch emm go . Make C herokee St. one way south from Yale to Chenang o. Extend Sh e rm a n one way north from Yale to C hen a ngo. Signs, paints <lDd misc . materials C ity labor cost for install i ng signs, painting, mi sc . Signal equipment, mate ri a ls, tools a nd labor Total es tim ated C ity cost -+-Existing One Way _ ~ Proposed One-Way fA --l -- II • :i .... . ' I " --- I I .. I I .. ~'~-'• r t· ~ )I . .,,-. · . ~ ... .' f I .,.-" I . •1 f ; .. /· 'li i. ~ Jl \ J .. • ,_ '/ .. • I •• I lj I f H I /:" " H • 1 ~; II ' ' I ) '·l ~ .. )I • ' $ 3 , 25.94 964.00 35 ,330 .00 $40 ,119.94 ·. . \ ! I '!' I . • ' - • • 0 - 4. Extend Girard Avenue one way east to South Downing Stree t. Extend Hampden Avenue one way west from South Downing Street. Signs, paint and misc ellaneous materia l s ••••••..•..•.•..•.•..• City labor cost for insta lling signs, pa inting, e t c •....••••.•••• Signal installation at South Downing Street .••••••.•••.•••••..•• Total estima ted City cost ••••••••.•••.••••.••••.•••.•.••.• . --· Existing One-Way Proposed One-Way Extensions / ....... -----;:..-----~------... -:.~-~ ' I . / . .-- . --1 " rL ,~ , r' ' I !· ~ .. 1 r •:/·~···.!; ~ .~ I' \ ~· ......... "'' ' ,.--··(. , } ... r .-~ •• J . ~ ' . ' .- l $ 1,425.84 200.00 9,000.00 $10,625.84 . • I ! '!' I • • • • 0 - 5, Make Floyd Avenu e one way west from South Downing St. to So. Bannock St. Change Hampden Avenue to two way from So. Logan St. to So . Bannock St. Extend Girard Avenue one way east to So. Downing St. Signs, paint a nd misc. materials · City l:lbor costs for installing signs , painting, misc. Signal installation at Girard and Downing Estimated Ci t y Cost Less salvaged material Total Existing ~e -Way Proposed One-Way ........... Proposed Two-Way --------------·- I t I J ... ' I •.. , !I -~ I (, ,.--~ -., -~~-~--­~--"'1 .. ~~ .. ~----,... ~ II !_!•Utt Ue t \ I $1,927.19 1 ,089.00 -1 ,500 .00 7,516 .19 (300 .00) 7, 216 .19 I • • . • I ! ' '! - • • 0 - o r r TRAFFIC PATTERN STUDY SYNOPSIS 1. Extend South Bannock Street one way south from Yale to Chenango. Extend South Sh e rman Street one way north from Yale to Chenango. Signs, pa int and miscellaneous materials •••••..••••..••.••••.• City labor costs for installing signs, painting, e t c •.•...••••••• Signal e qu ipment, materials, tools and labor •••.••.•.•••••.••• Total esti mated City cost ••.••••••••..••••••••••••••••.••• , . '.i ~ _,.~ ......... , - ~"';~ -. -.t. .. '" . ·-.' ,y ,b~'~l,i ., .. . '" ~ .. ~ .... --'"-, r ....... . ~,;;,I Ex isting One-Way Proposed One-way Extension -' . ... ' ' • f L ... .-~ I ~ I . i .. I t •. .---· --· ..... ' \.. .u,::·r '. r-------~ I I $ 1,593 .1 6 208 .00 1 8,000.00 $19,801.16 ,._ I • • . , .· ' r '! • • - 2 . K eep So. B a nnock St. o n e way south and ex1:e nd it from Ya l e to Chena n go . M::tke So . 'he rokee St. one way north from Yale to Chenanga. Exte nd Sh e rman on e w ay n orth from Yal e to Che nango . Sign s ., pa int and mi s e. materia l s City l abor c o s t for ins t a lling signs , painting , etc . Sign a l equipm ent, m at e ri a ls, tools and l abor Total es tim at ed C ity c ost Present Pattern Alternate Pattern Proposal /.:-~-----_._ __ '!:---~ -- 1 • cJ, I ·' I ,. J f:-~~ J=: I t... I • II $. i J ~ t • r -j ..... , I a -"'·. .... -J ~ I I . 1 • ! f I ' ; ' .• I'~ jT ,, .. , '· . ;-.. . -. f I I I I • \. . ..... ,, , ..... , t' r---.l I i ·~- ' $ 3 , 825 .94 459 .00 3 .J ,9 10.00 $39 ,194.94 " . I . , , - • • - 3 . Change So . Bannock St. to one way n orth from YalE' to Chcn nngo . Make C h •r okee St. o ne way south from Yal e to Ch enmgo. Extend Sherm a n one way north from Yale to Chen a n go . Signs, pa ints a nd misc . materials City labor cost fo r installi ng signs, painting , misc . Sihrnal equipment , materi a l s , tools and l abor Tot :1l •s tim a t cd it) cost _.. Existing One Way -· Proposed One-Way '! ... .. • I I I I I I t ' . .. . ,..Y( ... ... J I . J <U ,.., -.' , •1 . I ·.I I ~ ~ ••• .. ~I ,. II • •• • iI I I I -;· ,J n #~' .. . ' • I I ' II . I I I Jl • ·" ·1~ \ . . .- i . l '\ $ 3 , 825 .94 964 .00 35 .330 .00 .. 40 ,11 9 .94 ,._ ·' \ ! '! • • , - • • 0 - 4. Extend Girard Avenue one way east to South Downing Street. Extend Hampden Avenue one way west from South Downing Street. Signs, pa int and miscellaneous materials .•••..•..•...••.•.•... City labor cost for installing signs, painting, etc •.....•••••.•• Signal installation at South Downing street .•••••..•••.•••••.•.• Total estimated City cost ••.••••••••••.•.••••••••••.•.•..• 'I I .• . --- Existing one-Way Proposed one-Way Extensions /~ ..... R ----.-.-------·--------=--~--.-, ,' .,_.. I ~ 1•"'" \ 1_-0I'.L. ---, r.--.,.. ':.J ft.,~ .... . .... "" $ 1,425.84 200.00 9,000.00 $10,625.84 ~--.l · ..... r -~ J l ' } ~ ' " t .. • I I • ....... ~ - ~ ··~·--- .... < .. -... {' .. .. . ... . ... ' ' f t " ' I ' ' l ~ • • .• I ! .,. I • • • • • • 0 - 5 . Make Floyd Av e nue one way west from So uth Downing St. to So . Bannock St. Change Hampden Avenue to two way from So. Lognn ~'t . to So . Bannock St. Exten d Girard Av e nu e one way east to So. Downing St . Signs , pai nt and misc . materials Ci t y labor eosts for in s t a lling signs, painting, misc. Signal installation a t Girard and Downing Estim a t ed Cit y Co s t Less salvaged m a terial Total Existing ()le -Way •• !· I I r -~ Proposed One-Way ........... Proposed Two-Way ----·------------ .... ,"""' ( J ,.,~-~---... ---t· .. · ~~~~~ -·---,... .-*\ .............. '·t ' ' $1,927 .1 9 1 '089 . 00 4 ,500.00 7,516.19 (300. 00) 7,216.19 \ ! 'f I • • • - TRAFFIC PATTERN STUDY SYNOPSIS 1. Extend South Bannock Street one way south from Yale to Chenango. Extend South Sh e rman street one way north from Yale to Chenango. Signs, pa int and miscellaneous materials ..•••.•••••••.••..•••• City labor costs for installing signs, painting, etc •.•....••••.• Signal equipment, materials, tools and labor ••••••••.••.•••••• Total estimated City cost •••••.•••••...••.••••••••••••.••• ' '· ~· • 'I' ', .I,, • ... I ..... ,I Existing One-Way Proposed One-Way Extension ...... _,.. . ' . --··. ,I .. ~ ... I..,-• ..- I ,-' .... I. ....., . I' r------' I $ 1,593.1 6 208 .00 18,000.00 $19 , 801.16 I • • • I ·' I 1 - • • - 2 . K ee p So . Bannock St . o ne wny south a nd extend it from Yale t o C hena n go . Ma.ke So . C he rokee St . o ne way north from Yale to Chenange . Extend She rman one wny north from Yale to Che n :m go . Sign s ~ pnint a nd misc. materi:J i s City l abo r cos t for insta ll ing signs , painting , etc. Signal equ ipm e nt, materi:Jls, tools a nd Jabot · Total est im a ted Cit.v cost Present Pattern I ; r • I • I I I I . f"" R j ~ i • -----... - Alternate Pattern Proposal .A: !Y • I • I I 4 ( ... ~l.- 1 J::: ,. I ! ' .,, I .L "'4 I I I til 1( •• I I i ~\ I t • ¥>1 • I I I •.•• f ~ .... • 'f .. .. ., l{ .. , , ... r I " I," r · $ a, 25 . 9..J 459.00 :l ..J , 910 .00 $39,19-1.94 •' I l '! 0 , • • - 3 . C ha nge So. Bannock St. t o one way north from Yale to Ch e n a n go . Make Cherokee St. o ne way s outh from Yale to Chenango . Exte nd Sh erman one way north from Ya le to Chena n go . Si!,,'llS , pa ints a nd mi sc . mate rials City labor cost for in s t a lling s igns, paint in g , misc . SiW~al equipm e nt, m a t e ri a ls, tools a nd labo r Tot a l e stimated City cost I •I If . /':::! I' \t _.,. Existing One Way -~ Proposed One-Way .,, -~ .. . I I I •• ¥ ll I l .... ,. ,, .)1 . ·-.. (· ,,.. ,• .. '' •1 ·(. ~ .. l , -:aoo;:, .... ,, II •• ...... .,, . 'I: ' H ... ' . Jt I ' • ... ' 3 , 25 .94 964 .00 :35 ,:3 30 .00 ' -10, 119 .9-1 I • • f • • 0 - 4. ~:Dead Girard Avellllll c.e way eut to 8aat:h DowD1Dg street. EKtelld Rampdeu AYelllle c.e way west from South lJowldDc Street. Slpa, pa1Dt aDd mtacen•...-aa matertat.. • • • • • • . • • • • • • • • • • • • • • $ 1, 411. 84 Ctty IUor coet lor tutanmc etpa, pa1att.uc, .etc. . • • • • • •• • • •• • 200.00 Blpal1Detall.uOD at 9oatb DowldJIIIStreet........ •• • • • • •• •• • • • 9.11.oo 1"c:Jtal eatl.matiKI Ctty oo.t. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • fio. • 84 ~ Bxi8ting One-way,· • • •• Propoeed ODe-way lbcteneione ... ' ' I . . • 1 ,.t \ ! I '! • • 0 - 5. Make F lo yd Avenue one wa y west from South Downing St. to So. Bannock St. Change Hampden Avenue to two way from So. Logan St. to So. Bannock St. Extend Girard Avenue one way east to So. Downing St . Signs, paint and misc. materials City labor costs for installing signs, painting, misc. Signal installation at Girard and Downing Estimated City Cost Less salvaged material Total -.. ··········· . ···~··'" , ltllf'1UtUt 1 .... Existing Ole -Way Proposed One-way Proposed Two-Way r-- ' I 'r::--·-·-' .,_ -.. --~-...._ ,I. .... ~ ...... I ..... I I I I .J ~J '1 $1,927.19 1 ,089.00 4,500.00 7,516.19 (300. 00) 7, 216.19 ·' \ ! 1 I • • ' - • TO : Stanley H. Dial, City Manager l'ltOM : D::>uglas c. Sovern, Fire Chief • 0 • INTB.oPPtCI MIMOilANDUM 0 p:tC ~L DA~ August 25, 1969 C.IIY ~ SUIJICT: Out of State Trip to St. Joaeph, 9\orkel Fire Bqui~nt-Company Four men from the Fire Department namely, Capt. White, Elden Boh, Ray Cosby and myself journeyed to St. Joaeph, Miseouri for the purpose of . inspecting and witnessing teata made on the new elevated platform which is due for delivery soon. The treatment afforded us by the snorkel people waa exceptional · and probably would have been better had not -ny of their kay people been absent for usual buaineaa reasons. Upon our arrival Wedneaday morning the Chief Service Repreaentative Mr. Charl•s Lieffring was assigned to us to explain all of the construction .. thoda and anawer any of our questions. We were ahown the entire conatruction procedure along with the many service tipa during this morning. After lunch the apparatus was placed in testa and with the exeeption of aa.e very ainor problema, which were corrected at that .time, the apparatus was found to be in excellent condition. Our mechanics were shown and were allowed to witneas the aetting of the safety valves, the adjustment of the lU.iting features along with the measurement of the maximum travel height of the boom. We were ahown two of the major tests which were the atrength teat for the ba~et and the boom in which 2700 lbs., or three times the rated capaeity of the platform aa extended from the platform with reaulta that the deflection under these conditione stayed within the allowable tolerance with a good percent of margin. The other teat called for the platform to support 1~ times the platform rated capacity (1376 lba) with the boom rotated a full 360 degrees without the out-riggers showing any lifting off the spotting pad. This teat was aleo passed very well. The men were explained servicing techniques, periodic testing and general preventative maintenance required on this apparatus. It is our feeling that this trip has been very beneficial to allow us to be acutely aware of the functions of this piece of apparatus. We sincerely th an k you and the City Council for the privilege for the trip. Our total expenses for room, rent, gas, meals and tips and supplies was $17 .29. The balance of the $200 will be refunded to the Finance Department . j)~{?~ 00 UGLAS C • SOVERN Fire Chief T • I ·' \ I 'r I • • / ·. • • 0 - MEMORANDUM TO: Jack L. Cl asby, Chief of Police DATE: August 28, 1 969 FROM: Donnell R. S ~anLon, Public Relations Officer •r SUBJEcr: OOMMUNJ TY POLICE RELATIONS IN STITUTE r . c I be lieve t h~t the Na tiona l Institute on Co~ity Police Rela tions School held at t hl! Un iversity of Southern California June 8 -13, 1969, has given 1118 a variety of experiences and i nsi ghts t hat will help .. do ~ job with much more success. I know nov that the police depart•nt can not go 1 t alone. We 11111st concern the ci ti zenry, governmen t, and law enforce .. nt, and in addition students, press, radio, and television. We must learn to c~icate and there ..at. be a total rejection of criminal violence as a meana or attaining social justice or social order. We JIIWit be more dee ply concerned with the causes t han the 87"1Ptoas of social breakdown and social i nj ustice . The follovinc rec~ndation s VOitre JUde at t he institute: 1 . Lesigla o r s to be pressed at local , state, and national level to remove outdated, oppressh•• and ell r1Ainato17 laws fi'OIA t he records. 2 . Police include in depth c~t7 .. areneas training for all officers, vi h emphasis on lllinorit7 c~t7 probleas. ). Po lice departments develop local ca..unit7 adviso ry committees, committee s reporting to the chief of police (these -~ers to be s e lected by the communi ty). Re c ruit men !'rograms d.i re cted t oward lllinori ty youngsters which would also i.mp r o ve community relations in lllinori y collll!lu'li ies. . ' .• I ! ! I • • ' • • 0 - -2- 5. Along wi t h law and order, t ha ~ justice be emphasiKed. 6. Police departments hi re ex-convicts as communi t y liason personnel with proper titles ~ salary. (!xu.ple: Nev Career Procruut throughout the State of California). 7. That the next institute encourage the attendance of policy ll&lcera, activists and militants f~ the Black and Brown eo..unitiea. 8. Salary increases be paid to police officers 1n order to insure that the lsv enforcement officers receive co~naation coa.ensurate with duties, and responsibilities required ot a lav enforce.ant officer t oda,y. I 9. The National Institute of ec..unit;r Police Relations go on record f avoring reforms to lllllke the present crilllinal j~l!ltice ayatem 110re ruponsive to the people (Black, Brown, and poor). 10. That officer's evaluation proceae include an indication of the ability of an officer to relate to the •1norit;r caa.unity, ae well as other job requh-nts. 11 . More care be given to the aseien-nt of officers to the mnori t7 COIIIIIUnities, based on the abili t;r to relate to the Black and Brown COIIIIIunities. 12 . Full cooperation fro111 each lav entorce~~~tnt apncy involved 1n this Ins itute to accept and support these reco~ndat ionl!l and to accept the theme of this Institute, "FRCJf CONFRONTATIONS to Coml!unity". ~----_ ...... . •' \ 1 'r I • • - • • 0 - -3- In conclusion, if all concerned learn to understand one another ve ~ ha" aate streets, a secure home, a personal sense of security. This is enJ'7one•s buaineaa. They are not only shared goals, but a joint responsibility. The creation of professional police service doea not dinat the indindual citilen of personal responsibility for his own orderly behanor and ' caneral reaponsibilit7 tor an orderly COIIIIIUJli ty. The achieve•nt of social order b7 both legal proceaa and by well ordered pereonal conduct can onl7 exiat it there is a partnerehip betwen citizens of the co11111un1t7 and the police. 'nle purpose of police c~it7 relatiaa. programs is to establish such a partnership. Respectfully sublli tted, ~~~J/~1- Donnell R. Stmton Public Relatione otticer I • • • • 0 - c erN RECAP OF THE COLORADO WATER CONSERVATION BOARD MEETING OF MAY 28, 196 9 The meeting was held at 9 A.M. in room 102 of the Columbine Building . 1845 Sherman Street . I am attaching hereto a copy of the letter notifying us of the meeting. The meeting concerned itself with the acquisition of parcels of land. Maps and lists of ownerships were distributed and I am attaching a copy of the ownership list. It was mentioned tbat the Board would have to proceed with channel acquisition and that the State has to contribute 50%. It was stated that next week the appraiser would start contacting individual owners and would determine at that time which of the owners could possibly take some of the fill from the channel excavation . The appraiser will determine the value of land being taken and severance damage , froa this will be deducted the value of the flood cootrol cbannel . It was expected that the appraisal work should be completed by September 1. The optional taking , as listed in the land acquisition list would be for recreational purposes or because of damage to the remainder . The title to the land would be vested in the Cities and Counties rather than the State because it is these entities that would be responsible for the maintenance of the channel. The Cities and Counti e s would have to give their permission for construction over thos e properties ~ere they have fee title . It was po i nt e d o u t t ha t th e big expense would b e the moving o f lh e util ities a nd that i l is not known at this time how mu c h t h e Sta t e wil l p art i ci p ate i n thi s c o st . I am attac h ing,a l so , a lis t o f th ese part ies who att e nded th e meeting . K lls Wa gg n e r All rnnt R pr KW:pd nlativ s ? 2 1969 • I • • • • - UNJ ........ f . ITAPU!TOM c.-.... a.. .... PIUS L .. ...au -C J. I.UIPD Fltl.fDUJC..K \ J.JI.OaQU \"io.....Ctlalre\aft. 0\arMftl DIP"")' f),rr,lv t K u I PkTHh L )C\N J_loOJI~·· ! • •'tud l ,.,..,fl ~o..LA 1t lP.:f ll ~ a VitM ... .._ \JLII,..Cl' :::. r o aNELTU S K-• ]UHI'o I\ l.OVB , Oc>uroor ·-· I'll-lUI JA..MU H MACUONAJ.I) lA , ....... CuLORADO \V ATER CO SF.PVATION BoARD llbQ(&f H \.'-'lllF\.tl>lltl. s ....... 102 C:O l l:MBlNlliiUILIJING 11>4 5 SHEIIMA.'I ~BT l>ENVER , C'OLORAOO IOJ03 aiCMA.AD I 'ILLIA."-• G.-a IJIIW"d .. • May 1 6, 1 969 M.L·. Ke 1 J s Wa ggon er Citj of Englewood 34 00 So . Elati S t., Eng l ~wooo. Co l orado 80110 Dear Mr. W ~ggo n er : P1ans for the acquisition of the channdl below the Chat fiel d Dam as a part of th ~ Chatfield Project have proc e ede d t o t h e p oint t h at firm commitments now must b e mad concern i n g ~cquisition of th~ individual parcels n e c es sary for channE l improvement. This Board expects to comm e nc e thP n ecessdry land appraisals in the ~mme d iate fu tur e . In order that all plans tor channel acquisit i on can be coor dinated , we are requesting that th e channel acqui- sition committee meet her e i n this office at q:OO A. M. on We dnesday, May 28, 1969. We hope t hat you or a representative of your city can b e present a t that neeting. We believe that it i a nec essary to h av~ the assistance and advice of all ~nter­ es t ed agencies and individuals • FLS:ll<. Very tru ly yours , -L ,,/-~.t' . / --_ /J/ ./'-1 ~----,4 · FELIX L. S P K 01.r c-ctor . , \ ! 'f I • • • - - sou·ru PLATTE RIVER CliA!I.'NEL IMPRCV&."l.l::N'.i'S LAND ACQUISITION Channel Area Optional Area P.::-ooert:l: OWnt>r ~ ~ Ft:l Acres l -\v oln urs t Co un try Club 360,800 8.283 :!: 120,000 2.755 + 2 -Daniel Xonen 20,000 0.459 + 3 K. C. Ensor 960,400 22.048 + 4 -Alpha Land co. 578,000 13.269 t 5 -Eagle co·. Development corp. 434,800 + 9.982 - 6 -James o. Newton 695,200 15.960 t 290,000 6.657 ± 7 -Mrs. Bertha Olsen 107,200 2.461 + 8 -Mrs. Earl c. Morris 309,200 7.098 + 180,400 4.141 + 9 -Central Construction Co. 477' 600 10.964 + 151,200 3.471 + - 10 -Nero DiRezza 15,6001 0.358 ! ll -Walter s. Williams 156,800 3.600 ± 3,600 0.083 ± 12 -Jamea G. Kerr 117,200 2.691 ± 119,200 2.736 ± 13 -Carl M. Peterson 64,000 1.469 ± 14 -Paul w. Sutton 67,600 1.552 + 38,800 0.891 + 15 -Douglas H. Buck -Area :jl 4,800 0.110 + 74,000 1.699 + Area i2 315,600 7.245 ± • 16 -King c . Hu dso n 344,000 7.897 ± 108,800 2.498 ± 18 -Co lumbine Country Club 271,600 6.235 ± 19 -Mr . & Mrs . Richard Crandall 34,000 0.781 :!: 0 -William Miller 19,200 0.441 :!: ---I • • 21 -City of Li t tle t on 78,000 1.791 :!: f • • • -. . 50v!l;rfq-~"k Ch#n/l,/ .r~e,.,, rfqr 23.1 9~J - r'ft:;/T?f!: 4"/l'.>.t"-7~'./1 ;,')/C:/1 L ~JL ec.Jc I) c UJ ,_;f, I :U ..... f?~. ~ 6 ~.-f's, {', r v ~ ,.. /5,ot (-; £1~ w c u (-:>. &· / -v ~ .. ;/ ;( iJr.-r~­ Sf>ftR~ () t) lt'r'~'<-c: c.:H/~./3 C WC.J} . . • • ' - • • · · ( o F F I C I A L ITY COU CIL DOCUMENT EN LEWOOD PARKS & RECREATION CO~ION Rf l)n>l TO Minutes of A ugust IS, 1969 SEP 2 '69 couNC IL Mt::o"'"," G FILE The reguls.r monthly meeting of the Englewood Parks & Recre ~ §~~mn'~· CO LO. called to order by Walter Jorgensen, vtce chairman, at 7:30p.m. in the Recreation Office, 3400 South Elati. :Plcmbers present: JorgeDsen, Kreiling, Lay, Beier, Allen & Romans . ex-officio Members absent: Cushing and Eleasing Also tresent: Raymond D. Printz, Asst. Di:reetor Parks && Reorelltton Beier :moved, Lay seconded, that the minutes of July 9, 1969 be approved a a printed. 'Modon carried. The Rec··eation Fund fulEJlcial report was reviewed by tbe Director. The income as of July 31 -$50,41\8. 54; expenoe as of July 31 -$59, 002.64; perceilt o income collected -52. 24%; percent uf budget xpended -52. 18%. List of bills paid In Jnly was presented for appi.-oval . Several items Usted as p&ld to "Englewood Parks & Recreation Connniselon" were questioned. Lay moved, Krelling seconded, ·that these bUlB be approved GUbject to clnrlfication. Motion c&...""l'ied. The bids for Centennial Park ere awarded to: Keeson £a Son , general oonst.ruM Sturgeon Electric, electrical work; and E. A. Y.ariak:a. Conatruction Co., toilet, sbeltor and co c~sslon '!:>uildinp. The Direator b 3 met wLh tbe t e contractors involved to coordl.nUe v.u rk on this project. There may be a problem g6tting wire for tbc llghtln in time to put it in bciore ec::-ding wllich has to be don this fill, They may veto na a 1rt1 te wire or Icy rln until oe:rt spring but the seeding wlll definltely be done a fall ao t field will be t next pl'ing. Cone min the recommendation made to City CouncU ~ charges be made for softball tcmrnamon\.IJ, the Council elq)l'essed th~ opinion that this should be done and · cted Department to d tormlne what events to charge for, amount of fee, etc. u . Romans statEd th ~ a charge would be made ror some of the big tournaments to a how cb.orging a gate admlneion will worlt out. The Recr atton Activity Fund bu~t, QD recommendod by the City MAD r to be presented to City Council , a reviewed by e Com.mls e i . The City's appropriation for 1970 Ia $41,270. The posslbi ty at the School Diatrlct w1ll aga.l:n participate ill tho budget ln the amount of $17 ,300. looks favorable at this time. The anticipated revenu • for Sporta ~ Games provides for a proposed reglstration fj of $1.00 to $5.00 for Jr. Amerlo u Programa. itP 2 ll6i 4 ({) • • \ I I ' 'f ·----· ~ --- • - Pa..ks & Recreation Co e.lon Minutes of August 13 196 ( Pagt:--2- The Director alleviatGd the concern that t.bls fee might prevent some chilciren from particlpattng by stating tha1 the fee would be waived for auy child not able to p&y. Mrs. Allen commented that all other recreation progums have fee chargee md she could see no reason why the Jr. American pez·tlcipants should DDt pay a small fee also. Mr. Jorgensen pointed out that tbe School District participation in the recreation program budget was primarily beoause of this program which involves the elementary children in the Englewood schools and he felt the School Boa1•d would not look favorably on this proposed charge. The pGSsibility of realizing t.he extra income for 1970 from 2dult programs, such P.B softball, instead of charg;lng the obildren was suggested and again consider this proposal befure the 1971 budget ls prep&red. If more income is needed for 1970, there is the possibility of charging for the football pr gram which begiJls in September. After lengt.by discussion, the Director recommended that the budget be approved wiiho11t the fea charge for Jr. American programs. Allen moved , Lay seconded, that DO charge be made for the Jr. AmeLiccn Programs at this time but to start an education program pointing towiU'd the possibility oi having thls fee in the fut11re. Motion carried. Lay moved, Beie1· seconded, that ":be City Manager's proposed budget fo r the 1970 Recreation Activity li'lmd b approved. Motio Bl'ried. The resignation letter from Mr. Printz 1as rend. The CommisBion wished him the b~-t of luc!.t i:l hia new position as Director of the South Suburban Recrestial District and look i orw:J.rd to wo1·!dng with him b this new capacity. The Director briefly reviewed the Regional Open Space Plan prepared by the Denver Regiolllll Councll of GoveTnments. This ta a long range plan showing location of preseut and future recreation and park areas. Lay moved , Allen eseconded, that th Commisalon pprove t ts pltm as presented. MUOQ6arrled. The Director reported that an offer had been made by the Utilities Department to use certain are:1a at :McLells.n Reservoir t:or reOt'eatlon purposes. The Commi•lon ln.strueted u-. Ro to ackno vledge thia offer w1 h tlumks and illfor:m them the Commlaaion Ia interested but at Ume ere IB no money available to develop or maintain any type of recreation facUlty in s area. :Mr. Lay Qllired as to the c011t pl~ directiooal algns on main streets in the City dteating wh re th parka and recreation areu are loc d. Mr. Romau said be would I · • T'.1e etit adjOIIl'Md at 9:30 p.m. Tbe next reJU]u eet1n1 wOl be September 10 In tJ Recn;atial Office • • • - • • OFFIC I AL CITY COU C I L DOCUM ENT ,.,. "'! SEP ? ·sg COUN CIL I, I[._' I ,,G FILE CITY OF E!:JGLEWOOD, COLORADO CITX Of: ENGLEWOOD, COLO. BOARD OF ADJUSTMENT AND APPEALS ftEoJOI..P.R MEE'l'!!iG -AUGUST 13, 1969 Chairman Rhodus called the meeting to order at 8:00 P. M. r.mmERS PRESENT: tletterstrom, Pitchfort!, Mezen. Clayton, Rhodus mERS ABSEH'l': NClne O'l'HE1l OFFICIALS PRESEN'l': Wl'n. A. Hamili.on. Acting Chief Bu.\ld!L1ig Inspector Imm~nuel L~theran Church 3695 South Acoma 3701 South Acoma St. case No. 69-69 The applicant is r~questing a variance to have a parking lot for the chur ch in an R-2-B zone. This lot wou d be across the street from the chur ch. Larry Conner, who is a trustee for the church was present representing the church, stated they have torn do~n1 an o ld house and the proposed l ot would be paved. The Engine r 's have approved the layout and grade of t he lot. It has been po ted and advertised for Publ i c Hearin;. Pitchford moved, Mezen seconded, since there as n o one present to object, the Citl• gi e r bas !pprovod the proposed lot th variance be grJnted. Ayeea Wetteratrom. Pitchford, Mez~n. Rhodus Nays: l!Jone Absents None Mr. Cl yton abatained from voting on thio variance as he is the manager for church property • • G. try Const. Co. f or Continental Nationa~ 3435 S outh Bannock Case No. 69-70 'J'he applicant is reque ting a variance to permit two curb cuts to be 18 feet apart for ingress and egress to a parking lot. The property has been posted and ad:verti.eed for Public Hearing. 'l'he City Engineer h s approv d the proposed curb cuts and layout o f the parking lot. Clayton IUOV d, ezen seconde , the variances to p rmit the curb cuts 18 feet apart be granted. Ay sa W tt r trom, Pitchford, Mezen. Clayton, Rhodus. ay a n Abe en': a 1\lon Sep tember 2, 1969 4 (g) I • • - Vi.lleent Ryan 1209 Madison • Penn-Wood Apartments 3475 So. Pennsylvania cue Bo. 69-71 The applicant is requesting permission to extend a retaining wall to back of sidewalk and to have a 6 inch curb alcmg the back of the sidewalk. '!'here are two parl~ing lots above this property and i• on a steep grade and when it rains the water drains into the apartments. The wall and curb will enczoacb upon City property . • Clayton moved, Pitchford seconded, the p roposed encroachment be recoamended to the City council for their QOXUJideration. Ayes t wettersuom, Pitchford, Me z en, Clayton. Rhodus Says: liiOne AbGent: lllOne Thoxe b ing no further business to come before the Board the meeting was adjourned a~ 10100 P. M. APPROVED~--------------------- September 2, 1969 4 (g) Susie Sc;:hneider Recording Secretary I . • ·' \ I I f 1 - • • • • OF F'ICIAC C ITY C OUNCIL DOCUM E NT' CO \J I'-'-'- CfT'( O F ENGLEWOOD. C OL.O . REG ULAR MEETI NG OF TH E CA REER SERVIC E CO MMISS ION CI TY OF ENGLEWOOD , COLORADO AUGUST 28 , 1 969 , 7 :0 0 P .M. PRE SEN T : H . R . Br aun, E . L . Ausfahl , J . F . Murphy ABSENT : J . F. DeVivier THE FO LL OWI NG MOT I ONS WERE PASSED FOR APPROV AL: 1 ) The minu t e s of the last r egul a r meeting as printed . 2 ) The f o llowing a nniv e rs ary i n c r ea s e s e ffective 9 /1/69 : NAME BUTTS , J ohn W. CULP , Cl a r a C . GAMET , Ke nneth KOE SNTER, Lei Oma SE DGW I CK , Joann e SWOV ELAN D, Wi lli am YOUNG , Willi am TI TLE & DEPA RTMENT Bu i l ding I ~specto r , Buildi n g Sa l es Tax Clerk , Finance Fir eman , Fir e Libr ary Aide, Library I nt er Cl e r k Typ ist, Li b r ary Ma intena nc eman , Str e et Maint cn ancema n , S treet 3 ) The f ollowi n g terminati ons : CARMAN , Robert Bui l ding Ins p ector, Bu ilding Effective 8/l S/69 DAVENPO RT, Dougl as Bui lding I n spec tor , Bu ilding Effe ctive 8 /8/69 DOMINGUEZ , Leroy Disp a t che r, Po l i c e Eff ective 8/13 /69 NI STAD , Margaret Inte r Cle r k Typis t , Libr a r y Eff ective 8 /29 /69 RO GERS , Tim Ma int ena nceman , Pa rks & Re c . Ef fe c tive 8/19/69 WINC H, Lucille Pa r king En f . Maid, Po l ice Effective 8 /l S/69 4) The f o l low i ng new h ire s: MAY , Ga r y Dis pa tcher , Police Ef fect i ve 8/16/69 ROYTHER , Je rry Asst . Park s & Rec r eati on Di r . Effecti v e 8/21/69 SCRIVNER , Theo d o r e Building I nspec t o r , Eff ecti ve 8 /21/69 Build ing WAR DLAW , Da le Pl ann ing Assistan t , Effecti ve 8/1/69 Planning YANCEY , Ed na Par king Enf . Ma id, Po lice Eff ec t i v e 8 /25/69 GR ADE & ST EP 2 2 D 14F 21C 13F 1 2C 1 7C 1 7C 22F 22D 14A 1 2B 1 7B 12F l4A 2 8A 2 2B 19A 1 2 A ss I • • .• I ! ' 'f • • 5 ) 'h e following rehire effective 8 /6/69 : NAME TITLE & DEPARTMENT RHOADES , Alfred Jr . Storekeeper , Street GRADE & STEP 15B T h~ fringe benefits and pay proposal fo r the Fire Department as out lined in the "Letters of Un d erstanding " signed by Ci ty offici als and r epresentatives ol' the Employees ' Asso ciati on , the Englewood Firefighe rs' Association , and the Pol i ce Associa- tion were discussed . Mr . Murphy sta ted that according to recent research, mos t .:. t:,er c iti es had p rovisions f o r e x changing sick l eav e accumula- te d o ver 80 or 90 days for vacat i on. This was usually d one on an e xc hange o f three days sick l eave accumulated o ver 90 d a ys for one vaca tion day. Mr . Murphy also eT , o.i ned the policy of compensating a r eti ring employee for his unused sick leave accumulated o ver 90 days and suggested paying an e mployee one half day 's pay for each sick day accumulated over 90 days . The Board is not i n favor of exchanging sick l ea ve f o r v ac ati on days, but a r e in fav o r o f paying an employee , upon his retirem e nt, one half day 's pay f or each sick day accumula - ted over 90 . The Board unanimously approved a memo randum addressed to City Council recommending the adoption of the r ecomm endations contained in the "Lette~s of Understanding " between City officials and r epres entatives of the Employees ' Association , the Firefighters • Association and Po l ice Association and also a provision of cc,.;pensa t ing a r et iring employee for sick leave accumulated over 90 d ay s . Mr . Murphy stated he would like the Board 's op1n1on on whether an e mployee who has accumulated hi s ma ximum amount o f vacation leave , and because of the work load , is unable to t~ke a vacation, and ther efo r e is losing vacation time, should be compensated for the days he has lost o r could take time o ff later . The Boa rd discussed the problem but delayed making a decision until all members of the Boa rd would be present . Mr. Murphy jnformed the Board he had received a l etter f r om Mr . Dial regarding the p lacement of the municipal court clerk under the supervision of the Finance Director and instructing him to take the necessary steps to place this position under Ca reer Service . He stated that when the Building Department was placed under the Public Works Department , the Chief Building Inspector a u tomatically was placed under Career Service and retained his tenure, and stated the matter of tenure was the only questi c n a s far as he was concerned . The Board agreed the ca se was the same as the Chief Building Insp ec or position and that the Court Clerk would retain her tenure . -2 - • 56 ;- I • • .· \ ! ' • • Mr . Murphy discussed with the Board a letter he had received from Mr . Dial regarding special acts awards that the Board had recommended to City Council at the last Boa rd meeting . Mr . Dial stated in his letter that the Counci l desired more specific information on t he recommendation made to the Council fo r setting up a special fund from which special acts awards c ould be made. The Board stated they would take up the matter at the next meeting when Mr. DeVivier would be present. The meeting was adjourned and the next meeting is set fo r September 18, 1969 at 7 :00P .M. J . F . DEV IVIER CHAIRMAN -3 - LORI COFFELT I RECORDING SECRETA RY 57 • I • • , - • • TO: City Council FROM: Career Service Board SUBJECT: 1970 Salary and Fringe Benefit Recommen dations DATE: August 29 , 1969 In compliance with the Municipal Code, Section 6 -13 which states that the Career Service Board shall recommend for approval by Council , a pay plan for the next fiscal year, the Career Service Board recommends to City Council the adoption of the recommenda- tion as outlined in the "Letters of Understanding" between City officials and representatives of the Employees' Association, the Firefighters' Association, and the Police Association. Howeve r, the Board strongly recommends that the pay increa ses granted according to years of service for the Fire Department as outlined in the "Letter of Understanding", not be automatic, but be treated as a merit increase recommended by the Fire Chief, as is the present practice. In addition to the recommendations contained in the "Letters of Understanding", we feel that according to the research that has been made, a provision for conversion of sick leave is warranted . We recommend that upon retirement, one half day's pay be exchanged for every sick day accumulated over 90 days. Re spectfully submit ted : -H: R. BRAUN I • • .• . , - • • 0 - OFFICIAL CITY COUN CI L DOCUMENT rr""' r ·l "T") St P ? ·:::3 CO UNCIL tl~'-'·'-' f',U: CITY: OF ENGLEWOOD, CO LO. TO: All Members of the Englewood City Council FROM: Mr. Stanley H. Dial, City Manager DATE: August 29, 1969 SUBJECT: ENCROACHMENT REQUEST-3475 SOUTH PENNSYLVANIA STREET At the August 18th City Council meeting, the Council requested that the Manager investigate several facets of a request for an encroachment at 3475 South Pennsylvania street. Specifically, the Council desired to !mow if the following alternative alterations would help alleviate the problem of flooding the property: (a) Construction of a fence above the proposed 6" curb; (b) A setback of the curb about 12"; and (c) A channel under the sidewalk. The attached report from the City Engineer's office is instrumental in my conclusion that: (a) A trough under the sidewalk would not drain the problem area, but divert more water to the west or the Pennsylvania-Logan alley along the north side of the apartment bouse at 3475 South Pennsyl- vania street---water following a course down and south along South Pennsylvania street should be kept on such course; (b) The proposed retaining wall extension should be permitted to prohibit further flooding on the north of the apartment house; (c) The proposed curbing should be permitted to prohibit flooding from the east; (d) That such curbing could be set back approximately 12" from the existing sidewalk a nd such setback would place the curbing under an existing "split rail" fence. Re s pectfully, STANLEY H. DIAL City Manager I& EP "t ••• , 21. &(cz) SHD /lj Att. , . I • • .• \ ! ' I 'f • • .. August 22, 1969 INVESTIGATION OF DRAINAGE AT 3475 SOUTH PENNSYLVANIA L. I Water originating on Hospital grounds immediately east of Washington flows over the Hospital grounds to the 25' alley north and adjacent to the Dunn property where it flows onto Pennsylvania Street. 2 . The crossfall on this street is sufficient to allow heavy flows to cross Pennsylvania Street where it enters a resident- ial driveway . This is the point where erosion behind the walk becomes evide nt. 3 . The water flows south behind the walk at a 9.40% grade gathering an erosive velocity, passing two driveways (the erosion path is evident) and continues south until it enters an area between two retaining walls or spills over onto 3475 South P e nnsylvania. a . The garden level apartment window sill is approximately three and one-half feet (3~') below the walk at the point wh e r e it spills onto this property. b. Water flowing west b e tween the aforementioned retaining wal l s flows to the alley which is higher than the floor lev e l of these garden apartments . Water stands along th north side of the apartment s once it e nte rs the ar a. Moss growth exists on the walk on th n ort h s ide of the building . • I • • .• \ I I ' ~ - ·. • • 0 • c . Wat er flowing west between the retaining walls can enter and has previously entered the apartment house fronting on Logan Street. 4 . Curbings and retaining walls have been placed on the east side of the street, on City property. to protect the property from run-off and erosion . 5. The following facts are existing : a . The damaging water is entering from a City Street . b . To divert further drainage westerly will aggravate an e xisting critical problem caused by the alley being on grades that cannot be changed without a proper storm sewe r installation ,whi c h has never before been proposed. c . S ince the damage occurs whenever rainfall is sufficient to c r eate flows across Pennsylvania Street, the logical an d practical approach would be to divert the water back to Pennsylvania Street . d . Th e parking lots drain to the alley . Assistant City Engineer QJS :pd att : --· --~ --.. -----~ -• I • • . , ·' \ ! ' 'r - e .scape .. [aj •• 4 to Exciting SAN DIEGO! San Diego is everyone's k in d of c ity . Dynamic , excit- ing, sprawling . yet not overwhelming . It 's hustl ing . bustl ing, bursting fort h i nto a new era of d i versified economic growth, wh il e retaining the charm of i ts Mex ican and Spanish hentage. Our year-round fun i ncl udes the un ique experience of a swi m in the Pac if i c i n the morn i ng , and ski i ng in our backyard mounta i ns in the afternoon. Of visiting the worl d 's largest co llect ion of wild animals at the world famous San D iego Zoo. Of seeing a k il ler whale pe rform at Sea World . Of horse racing, greyhounds, bull fights, j ai al ai , and fabulous shopping opportu ni- ti es In ad joi n i ng Mex ico. Of professional basketbal l, footba ll or hockey. Of sport fishing or golfing at one of 65 co urses i n the county. San Di ego Is br ight ni ght l i fe , fabulous new restau- rants , breathtaking scenic cru i ses and to urs, and awe- some d isplays of Navy might-all waiting for you duri ng our year-long celebration of our 200th b i rthday . The City of San Diego extends a cordial welcome to come and enjoy our exciting "city in motion ." .. • Frank Curran Mayor I I \ I • - 46th Annual Congress of Cities of the National League of Ci t i es December 1-5, 1969 San Diego, California ,. - Th is Co ngress of Cities w ill i ncorpo rate a number of changes from the custol'·,ary forma t : • Date : In the past, our customary Congress format has been a Saturday to Wednesd .ly si tuat ion . Th is year, the format will be Monday to Thursday. • Headquarters: Customarily, LC designates a princi- pa l hotel as its headquarte•rs The San Diego meeti ng will feature the convention ha i• (the Commun ity Concourse) as the headquarters. Be cause of the un ique geographical sett ing of San Diego and the attracti ve Bay and Va lley motel-hotel p roperties, the housing of our delegates will be d ispersed . There w ill be frequent bus servi ce provided between all properties which arrangement we are certain our delegates will enjoy. • Opening Session : The Open ing Session this year will be Tuesday morn i ng just ahead of the Resolutions Com- mittee that afternoon . • Busi ness Session: At previous conven ti ons , the Annual B ~.;·~ess Sess ion has always been he ld on the closi ng morning . The pri nci pal purpose of the Congresa of Citi es is to develop, debate and adopt the National Munici pal Polley. As an experiment, the Annual Business Sess ion w i ll be held on Thursday afternoon i n advance of the An- nual Banquet that even in g. Theme : "Ci ties i n !he "70's" offers municipal government a unique opportunity to lake stock of. the achevemenls and set-backs of the '60 's end to t1k1 a comprehensive, long-r1nge look at the ob j ecti ve• of c/tiet for the next decade. (!J) I •' ' - PROGRAM OBJECTIVES 1969 Congress ol Ci ti es Headquarters : Community Concourse SUNDAY, NOVEMBER 30 ALL DAY Workshoj>-Federal Aida Coordinators Ai'TERNOON Reg istration Tours Wor ks hop-PR end Polley EVENING Early·Bi rd Reception IIONDAY, DECEMBER 1 ALL DAY Reg istnstion (8) NLC Standing CommiiiHa, variously achaduled APTPNOON Workallop-PR Proleulonala EVRNING Open TUESDAY, DECEMBER 2 ALL DAY IIOIUIIIIG Ragiatnsllon Opening GenensJ Seaalon: • "Tha Municipal '70'..-A P-lew" • "A Trillion Dollar Economy Challenged to Solve City Problema" • "People in the '70'..-Trenda and lmpllcatione" APTDNOON NLC Raaolutiona CommittH Capl1al City Maypra IYDIING Genensl RecepUon lor all Delegalea, their 8pcMIMa and Gueata ---------- • ,, \' ), • ,. - - WEDNESDAY, DECEMBER 3 MORNING State Breakfasts General Session • "New Conccp!s for \he '70's" Ne""' concepts rn murucrp01 1 g o<tOrnment a vory popul ar .... o r ashOP ,~_.lure o t the lo~t th ree annual conv.nt•on s, Is oe rng g tven ge n~ra l se ~s on •talu s nus yea r to p ro- voke some oustandrng munrc,p al thought stimul ators lor tne '70's . LUNCHEON All De legate s and Wives • "Revenue Sharing and Mu nic ipa l Needs in the '70 's" AFTERNOON Gene ra l Sess ion • "The Impact on Cities ol the Technologi cal Revol ut ion ol the '70's" • "M uni ci pal Manpower Goa ls of the '70's" • "New Dimensions i n Citizen P.utici pation in the '70's" EVENING Open THURSDAY, DECEMBER 4 MORNING Concurrent Interest Group Sess ions: • "He lping the Smaller Cities Face the '70 's" • "Realizi ng the Potential of the Model Ci t ies Concepts in the '70 's" • "Making Polit ical Instituti ons More Respon- sive i n the '70 's" • "Minimizing Congestion in the '70 's" LUNCHEON For All Delegates • "Cities in the '80 's-A Perspective " Lad ies Luncheon Session with apecial program AFTERNOON Annual Busi ness Session EVENING General Reception, all da legat .. and apouaes Annual Banquet Adjournment of the Congreaa of Cities FRIDAY, DECEMBER 5 ALL DAY Tours OpCH)rtnu ih•• will ~ availab l • to elgn up tor 111\on tou,. 1n and ato~.t n d th• $WI D•eeo a rea l n order \0 vi 1111 m~.tn icipal po)l nta of lnler••• or ju_. lillf\ .... lnt. NATIONAL LEAGUE OF CITIES CITY BUILDING, 1112 K STREET N.W. WASHINGTON, D.C. 20001 Pres ident C. Beverly Briley Mayor of NashV ille, Tennessee I Patrick Healy E .. curi ve Director .• \ ! '!' I . f APPUCATION FOR HOUSING ACCOMMODATION (Plea .. read the follow lnQ , then Ill/ out, Mtach and ma." the poatal card attached) GENERAL INFORMATION • San Diego (popu lation: 700 ,100) enjoys a pictur- esque, natural, geographical setting . Its harbor, its Inland bays , islands and valleys provide a natural, relaxed style of living . Its hotels and motels capi ta lize upon this and cluster In its four most scenic and con- ven i ent areas . See enclosed area map (Downtown, Missi on Valley , Miss ion Bay , and Shelter Island). • S,.cial room rates have been obtained at each of the 22 cooperating properties. Delegates wishing to come early or stay late can enjoy these same rates . Transportation fare bargains are available If the trip is apllt between two week periods . Return flights via the Caribbean, Mexico City , other major U.S. cities for allghtiy additional fares. Contact local travel agent. CONGRESS OF CITIES HOUSING PLAN • Thera will be no headquarters hotel at the 1969 Congress of Cit i es . Registration , meetings, receptions and official meal activities will be at the Community Concourae Convention Centre , the headquarters, llhown by a star aymbol on the downtown map. • The City will provide bua transportation for delegates from and to the Centra and the Downtown, the Missi on Valley, and Miaslon Bay propertlea . When checking In, delegates will be given orientation Information, bus achedule, pick up polnta, and nearest Hoat City Area Desk. • Thole who plan to bring their car or to rent one while at the Congresa of Cl tift are encouraged to use the Inns at Shelter Island, which Ia a 10-mlnute drlvlllto the Centre via Harbor Drive . A Hoat City Area Deak will ba In one of theae Inns . HOUSING RESERVATION PROCEDURE • With 22 properties to chooae from , In 4 major areas , offering a wide range of room rataa , NLC 's Housing Bureau requests that each delegala specify only the preferencea for area and rata ranges (Columns A and B only, attached postal card). Confirmation• will be tailored to suit or cloaely approximately ao long as choices last. All room rataa subject to 5 % tax. All · arrivala af1ar 6 :00 P.M. should be guaranteed . • Thoae who want to apecl fy a .apaclfic property can do so . Merely write In the appropriate number (as ahown on the map) on the attached card (Column C). • General Information : Extra person range : $2-$4 ; check-out time : 12 Noon-2 :00P.M. RasarvaUons should be mad• by mid-November. Af1ar that. NLC'a ability to hold blocks of rooma In raerva b8COmaa vary d iff icult. .... • • - I "' !il 0> ... ~ I a: ~ I "' N "' I 0 ; I UJ 1-< 1- Vl >-1- i3 Vl Vl UJ a: 0 0 < , . a. N s ' il I ~J :· ---------- \ l 'f I ' - • • ------------- O FFICIAL CITY CO UNCIL DOCUM ENT r:r. LL'?"·J Y-:l ScP 2 '68 RESOLUTION No. -, 0 ' COUNCIL r .1 ;.:,~ .·I .. '> Vlb , ~ SERIES <UI'Y.lj6iNGL E W COO, CO L.(}, RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NE:lCI' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER If , 1969 , AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO TAKE SUCH STEPS AS HAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT WHEREAS, Article XX of the Constitution of the State of Colorado and Section 8 of the Charter of the City of Englewood, Colorado, authorize the City Council of the City of Englewood, on its own initiative, to submit to a vote of the electors any proposed amendment to said Charter, either by ordinance or reso- lution duly adopted not less than thirty (30) days prior to the election at which such vote shall be taken; and WHEREAS, as a result of certain recent decisions rendered by the United States Supreme Court, relating to the qualifica- tions of voters in elections in which bond issues are involved, , City Council deems it appropriate to refer to the qualified electors of the City of Englewood, for their consideration, a proposed amendment to Article X, Part III, Section 104 of the Charter of the City of Englewood, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows : 1. That this Council should, and does hereby, refer to a vote of the qualified electors of the City of Englewood, Colo- rado, at that general municipal election to be held on Tuesday, November , 1969, a proposed amendment to the Charter of the City of Englewood, Colorado, which amendment shall read as follows, to wit: Article X, Part III, Section 104, of the Charter of the City of Englewood, Colorado, is hereby amended to read as follows: "Section 104. General Obligation Bonds--Indebtedness and ob- ligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have power to issue general obligation bonds of the City for any public capital purpose, upon majority ·vote of the qualified electors of the City voting thereon at a special election, provided, however, that · water extension and water improvement bonds may be issued without an election upon a determina- tion to that effect by Council. The total out- standing general obligation indebtedness of the City, other than for water bonds, shall not at any time exceed three per cent (37.) of the assessed valuation of the taxable property within the City as shown by the last preceding assess- ment for tax purposes. Maturity dates and terma of the bonds, other than water bonds, shall be as provided in the proposition submitted to the qualified electors. W•ter bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds." 2. That the question to be voted upon at such election shall read as follows, to wit: • ,_ ·' I ! I 1 ~ ---- I ' ------------------------~------------------------------------~----------~,~-----------~------------------• • "Shall Article X, Part III, Section 104, of the Charter of the City of Englewood, Colorado, be amended so as to authorize all qualified electors to vote upon the question of the issuance of gen- eral obligation bonds of the City of Englewood, Colorado, rather than limiting the franchise in such elections to the taxp,aying electors of the City, as is now provided?' 3. That the City Clerk and Election Commission of the City of Englewood, Colorado, are hereby authorized and directed to take such steps as may be necessary to assure that said ques- tion shall appear upon the ballot at said election and, in re- lation thereto, to exercise such po~rs and prerogatives as are granted to them by Article II of the Charter of the City of Engle- wood, Colorado. Mayor Attest: City Clerk-Treasurer I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood do hereby certify that the above and foregoing is a true, accurate and complete copy of a resolution passed by the Cit~:il of the City of Englewood at a regular •eting held on '/1/ "_;;? , 1969. City Cleii-Tieasurer I • I . • . , •· ' r I 'f • - TO: Williaa Bradley, Legislative Analyst, Deo.ar Toa Coffey, City Manager, Port Colliaa Stanley Dial, City Manager, EnaliiVOOd George Pellowa, City Manager, Colorado SpriDp Richard Gray, City Manager, Grad JUDction lon Hellbusch, City Manager, BriahtOD Olarlaa Jtlarich, City Hanapr, Lon..,at !led w. Phye, Jr., City Hanapr, Westaiuter Leloy Schindler, City Manager, La JUDta Ted Tedesco, City Manager, Boulder Richard Thoua, City Manager, Arvada Fred Weiabrod, City 1-laoager, Pueblo lobert o. Wrilt!t, City Manager, Aurora nc:lf: Dick KacRavey, Executive Director SUBJECT: HLC CODgreaa in San Diego, California, Dacnber 1-5, 1969 I DArE: Ausuat 29, 1969 L Since your city has, over the years, had rspresentati.as atteodinl tbe RatioD&l Leap of Cities Annual Congress, it 1e the desira of QfL Praaidellt larl C:.raOD that each delegate attending this year's CODaress be aasiped aa a _..r of a stmding NLC c~ittee or aa a _.,er of the Colorado votina cleleaation. tbera are 27 co.aittee assignments available, 10 voting aasisa-enta available .ad 10 altamate voting assignments available. The stadinl cOiaittees, 1Dcideatally,ara: eo..unity lelationa Municipal GovernJDent ad Adainiltration Transportation International Municipal Cooperation Natural Resources Huac~ lesource Da.alo.-et <=-~Dity DeYelopMftt Pllblic Safety laYeDue & Finane• /' Leaaue Pruident Carson would like to appoint Colorado -icipal officials who are dtftDitely aoing to attend the San DiaF MetiD& to either a c~ttee /' aasi~nt or voting assignment. We would, therefore, appreciate heariDa froa you aa to who from your city ia aoinc to attend the Sm Dieao KLC ••tina • (De caber 1-5, 1969}, and what particular aasipMnt 1Dtareata th-the •at. In the cue of comaittees, we would appreciate thrae or four preferences by each penon. We shall look forward to hearing froa you OD this uttar not later than s.,~r 15, 1969. kl .• I ! 'r I f • J<l • - TO: Hanagera or Clerb of Cities and Towna Served by Public Service Comr-ny FR<»>: League Staff <. I SUBJECT: Propoeed Rate Increaaea and Adjua~ta by Public Service eo.p.ny DATE: Auguat 29, 1969 * THIS REQUIRES Pll~ ACTION BY YOUR COUNCD. Ott !lOUD OP TIDI'I'DS Nature of G!neral Rate AdJustments. On July 3, 1969, Public Service Company of Colorado (Company) filed with the Colorado Public Utilities Commiaaion (PUC) tariff eheets providing for a general increaee in gae ratea and for adjuet.ente (primarily reductions) in electrical ratee in certain areaa. Wholesale power rates are not affected, according to a Company spokesman. Accordins to Company fisurea, the proposed rates would result in an "-~n!!.-!.1 decr~_9f_.agpr~x11M.t.!.U 1.11.885,000 in ~ectric~e and an increan of a roximatel 3 250 n !:!YeDUJ :-··- reaultlng in an annua net ncreaae o approxt.ltely $1,365,000 to the Company. According to a Company source, approval of the proposed ratea would ultimately reeult in ~creaetna the Compan7'• authpri&cd rate of return from appro!~Y 6.351 to 7.5!. The PUC hae euapended theae propoeed ratea pending a hearina ~cing October 23, 1969, before the PUC in Denver, Nature of Surtax Rate. In addition, on Ausuet 18, 1969, the Coapany filed vith the PUC tariff sheets which would enable the Company to surcharge on consumer bill• (except charges for wholesale power) the coet to the Ca.pany of the lot federal income aurtax. This amounte to an electric rate increase of 1.9981 and a aaa rate increase of .671t. These tariffs would surcharge the federal surtax from September 1, 1969, to December 31, 1969, unless extended by the PUC in the event that the federal surtax ia extended. According to Company figures, baaed upon a test year ending June 30, 1969, the Company's revenue would be increaaed an estimated $2,338,000 annually, or approximately $800,000 for the balance of 1969. Upon authorization of the League Executive Board, the League General Counsel on Auguet 27, 1969, filed a pe tit ion with the PUC requeeting it to auepend the proposed t arif f aheete relating to the eurcharge pending a hearing to determine whether the propo sed increaee is ne c e s sary and justified. The League took no position on the me r i ts o f the eurcharge other than that it ehould not be allowed to go into effect until the PUC can de te rmine whether the surcharge ie neceeaary for the Company to r e alize its authorize d rate o f return. The City and County of Denver filed a s i milar petition on August 28. We are happy to report that notice hal 1uat been r eceived that the PUC has denied the Company 11 application to eurcharae the fe deral eurtax. Thus, this iseue is reaolved unless later raiped in connection with the general rate adjustment proceeding. Purpose of Memo. The purpose of thia memo is to (1) apprise member cities and towna which are served by the Company with either gas or electricity or both gae and electricity of the nature of the proposed rate adjuatmenta, and (2) to ascertain (over) • ------·-~- I ' --• 0 • ( the two pbuea iaYolftCI lDto a dqla h .. rq. 'l'MH otber pi'OCHCillala couutecl of a Pbaae I hearllla lD which a cletenlutiou wa .U. aa to the rate beM (property value) of the COIIp&QJ aDCI the rata of ratun wbicb the CallpeDy would be aatbor1M4 to realua ou the nte bua. Bav1Jia aacartaiMc! tbu, a lbaae II hearq .a bald lD which the una -• the falneaa aad reaaODablHeaa of ncaa filed to nalua the autboriaecl rnnue. Ill tbe piDillDa appU.catloD, bOII&ftr, the Ca .... , baa cllnctlJ filed for rata lDcraaHI alcb, if allo.ecl, would neDtulllJ aatbodH the CallpeDJ a rate .. of retum after ta•• of 7.51. (!M c:a.p.ay'a pn...C autboriHd nte of retun. 1a about 6.351.) Pre.-ably, dete~tioD of the allo.eble nte baae aad rate of ntun. will 1D _, .,.., be uceaNrJ Mfore the I'UC couidera apecific rate cbaa&ea. 1M LNpe coulcl aot participate lD tboH aapecta nlatq to apeciflc rate acljuat.nca. for e...,le, with napect to tM propoa .. electric ratu, tbe iDtenata of Dlllftr differ froa tboH of the aubuna cit1ea aad tbe 18cenata of tlaoee c-s.ttaa aow nclivllal the lCIIIIer ratea of tM fonar c.tral IWill' ... J.ilbt -;~::differ froa tboee of both Deaftl' aad tbe otblr aubul'ba cav t.tiea. n , aa 1a the Tete,llaM ..... die ........ wtca..c ...,_lvt..lil kMif fa I ...t1t.at of t.at.nat, could participate lD tba IIUIItlcu of (a) tbl eppnfl'iete rate bul of tbe CollpuJ, (b) the appropriate nee of ntun of c• ec.,a,, _. (c) d1etrtlNUoa ,. of rate cbapa to the acne tMt tile Laque'a poeitlca dola Mt r... .- • i lltt.aa GNr otbera. AI to tile ...-au.oa of .,..us. rate .. juc.aata t apec U.tt.aa, to tile .. tn-t of ott.. -iei,alt..tt.aa, .af.ci,alltt.aa daairq to partt..dpata 1D tba bauf.llp would llew to M n,n .. c .. iMiYW.11y or 1D II'08fe of citt.aa beriq at..llar iaanata. MS'e lewat-' of Cltya 114 r-:s· ... 10114 u a Mlf•aMnued ,..caaM .... wlat.cla Mob -iclpallty u ~ft to ... lc&Cf .... .._ it will or wt..ll Mt pal'tieipate tbl'oulh tbe ....... 1a tlaia •tter. r ..... t.a 1aql part .,_ n.,.... to tlaia .-.u. ... t.n. tM ..... uw a-N wt..U ._... a fiaa1 .. tlniiMt&. aa to wlaether the._... wt..ll panie..,.te t.a tile JCidad• .... 1MM -iei,a1kt.ae apnaaf.llt a ... in to partlcifate t•OIIIIa the IMpe will M lftllfC17 MtifU. of tba •••U.w Joan'• dacia&.. 1M eM1_.. ~ .... w M n~ ce tbe · Leap ......_l'ten DOt later tbaa friday, ..,t.~ll' It, lNt. -.ld ,_ ... in_, otller iafonaUoa or...,.. .,..u~c .-atlcu, ,_ •1 coataot Diak MM~afty, ._..tt..w Dinctor, or &n lueabe, a-ni c-1 at ...... ....... rtera. _,_ .. ·' I { '! I . f • • • - ... '. GLEWOOD , COLORADO B 01 10 O"ICI 0' CA.III llltVICI J SOUJH llAFI STIIIT PHONI 761·1140 Members of City Council Career Service Board City of Englewood Englewood, Colorado Gentlemen: August 14, 1969 LO Attached are "Letters of Understanding" signed by representatives of the Firefighters Association, the Police Association and the Employees Association, and each association has advised their people. All Ass oci- ations have agreed to the benefits and the conditions ot these "Letters of Understanding". All three City otficiala also concur by their sigpatures that they are in agreement with the conditions and benefits of these programs . A brief out.ine and breakdown of the cost of these variou. items are approximately as follows: ~,014 -Fire Department pay increases 5,000 -Cleaning allowance for Police Department 43,550 -Health insurance, General Fund 16,450 -Health insurance, Utility Fund 43,550 -Pension program, General Fund 16,450 -Pension program, Utility Fund $169,014 -Total Mr. Dial, Mr . Criswell and myself re comm end to the City Council and the Career Service Board favora.ble consi dera- tion of all these items. Respectfully submitted, ' ,. • • - August 11, 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD POLICE ASSOCIATION AND CITY OFFICIALS The following is a letter of understanding that has been concluded through mutual discussions betweem members of the Englewood Police Association and City officials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It is agreed that the City will provide for the cleaning of six (6) winter uniforms per month during the winter season and for the cleaning of ten (10) summer uniforms per month for the summer months. The period for wearing each will be as required by the Chief' o1' Police. We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave b& ex tended during 1970. It is agreed that the above bene!'its will go into effect on January 1, 1970 and that this will constitute the total wages and 1'ringe bene!'its !'or the calendar year of 1970. However, it is agreed that discussion on a wage and fringe benefit program may commence at any tiD~ deemed necessary by the Police Association or the City Adndnistration with the understanding that any such wage and fringe benefit program agreed upon would not go into . e1'1'ect until 1971. ' I ! '! I - • • 0 - August 11, 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD FIREFIGHTERS ASSO CI ATIO N AND CITY OFFICIALS ,. - The following is a letter of understanding that has been c oncluded through mutual discussions between members of the Englewood Fire- Fighters Association and City officials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It is agreed that the pay scale for the Fire Department will be as follows: 0-12 months 13-24 months 25-36 months 37 or more Lieutenant Captain $543 628 693 727 842 884 We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave be extended during 197 0. It is agreed that the above benefits will go into effec t on January 1, 1970 and' that this will constitute the t o tal wages and fringe benefits for the calendar year of 19 70. However, it is agreed that discussion on a wage and fringe benefit program ma7 commence at any time deemed necessary by the Firefighters Associa- tion or the City Administration with the understanding that any such wage and fringe benefit program agreed upon would not go into effect until 1971. • I 0 I ! I ' 'r • • - August 8 , 1969 LETTER OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE ENGLEWOOD MUNICIPAL EMPLOYEES' ASSOCIATION AND CITY OFFICIALS The following is a letter of understanding that has been concluded through mutual discussions between members of the Employees' Association and City officials. It is agreed that the City will pay the single rate for health insurance comparable to Blue Cross-Blue Shield's Comprehensive and Preferred 90 plan. It ia agreed the City will set up a pension program by ordinance designating a pension committee and the rules the pension committee will operate under. This has been agreed to by your present representatives and the Pension Committee which has been working toward this goal for the past several months. Basically this pension program consists of a 5~ City contribution and a matching 3~ employee contribution. This is in supplement to the social security benefits. We cannot assure any conversion of sick leave, but will recommend that the "limit" on sick leave be extended during 1970. It is agreed that the above benefits will go into effect on ,. . January 1, 1970 and that this will constitute the total wages and fringe benefits for· the calendar year of 1970. However, it is agreed that discussion on a wage and fringe benefit program may commence at any time deemed necessary by the Employees' Association or the City Administration with the understanding that any such wage and fringe benefit program agreed upon would not go into effect until 1971. ~) ~«-RO o ~.J.~-,· • ------ I f • • 0 F F I C b~~UMENT C ITY cOU C!~ .. -.-, pr SEP ? '69 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 18, 1969 l:. 1 .;G FI LE coU NCIL M. ~OOD C OLO. CI"I'G OF. ENGLE ' REGULAR ME ETING : The City Council of the City of Englewood , Arapahoe Count y , Colorado, met in regul a r session on August 18, 1969, at 8 :00 P .M. Mayor Schwab , presiding , c alled the meeting to order. The invoc ation was given by Mr . Stanley H . Dial, City Manager. Pledge of Allegia n ce was led by Boy Scout Troop No. 333 . The Mayor asked for roll call . Upon the c all of the roll, the fo llowing were present: Councilmen Parki nson, Lone, Kreiling, Dhority , Brown, Schwab . Absent : Councilman Lay. The Mayor declared a quor um present. Also present were: City Manager Dial, Assistant City Manager Mack, Assistant City Attorne y Donovan. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED , THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote re sulted as foll ows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, S chwab. Nays: None. Absent: Councilman Lay. The Ma y or declared the motion carried. * * * * * * Mayor Schwab recognized Mr. G. E. Stacy, 3900 South Sherman Street, from the list of "Special Citizen Program Invitees ." Mr. Stacy stated that the meeting was very impressive and that he would like to comment on the City's one-way street pattern. Mr. Stacy stated that since South Sherman Street has become one way more traffic is on the street, two accidents have occurred at the intersection o f Mansf ield and Sherman, and problems have resulted with chi l dren crossing the street to attend Maddox Elementary School and Englewood High School. Mr. Stacy stated that in order to alleviate these prob lems the City should con- sider the elimination of South Sherman Street as one way or the installation of tra ffic signals at the intersection of South Sherman Street and West Mansfield Avenue. Mayo r Schwab stated that this matter would be looked into . * * * * * * • . , I • • ' \ I ' '! • -• Bid tabulations for a temporary structure to house the fire a eri al apparatus were received for the record . City Manager Dia l reviewed the bids and stated th a t the low bidder was Architectual Steel Building Comp a n y Inc ., which han dles an Armco met a l building , in the amount of $5,900 . Mr . Di al stated that Architectual Steel Building Company Inc. gave no deduction if the City were to elimin at e a liquidated damage provision that is i n the basic bid which states that they would be penalized $100 a d a y , each and every day after October 20 , 1969. This is based on their receiving a n order within a few days . Mr . Dial stated that completion of the building should be within 60 calendar days from the no ice to proceed and that if an order was placed this week, shipment would be the week of September 8, 1969 . Mr. Douglas C. Severn, Fire Chief , appeared before City Council and dis ussed the bu~lding which would contain the fire aerial apparatus. COUNCILMAN PARKINSON MO VED, COUNCILMAN LONE SECONDED, THAT THE BID OF ARCHITECTUAL STEEL BUILDING COMPANY I NC . IN THE AMOUNT OF $5,900 BE ACCEPTED AS LOWEST AND BES T AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY CON- TRACT DOCUMEN TS . City Manager Di al stated that the bid specifications did not call f or a performan ce bond and that if the Cou n cil wishes to have a performanc e bond , Architectual S tee l Building Company Inc . will purchase one at the C ity~s expens e of $59 . Mr . Dial r ecom- me nd e d tha t such a bond b e obtained . COUNCILMA N PARKINSON MOVED, COUNCILMAN DHORIT Y SECONDED, THAT AN AMENDM ENT BE ADDED TO THE ORIGINAL MOTION STATING THAT A PERFORMANCE BOND AT AN EXPENDITURE OF $59 BE OBTAINED . Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority , Brown, Schwab. Nays : None . Absent: Coun ilman Lay . The Mayor declared th e motion carried. * * * * * * A memorandum from Mrs . D. A. Romans, Planning Dir ector , regarding the Columbine Freeway was received f or the record . A memorandum from Mr. James Hammond, Traffic Engineer , regarding the ne essity for a traffic signal at Amherst and South Broadway was rece~ved for the record . City Manag er Dial stated that the conclusion of the traffic study was U1a the TOPICS money that the State will be providing may help oordinate he traffic signals at the inter- sections of Yale Avenue and Broadway and Bates Avenue and Broadway. Therefore, any traffic signal 1nstallation at the intersection of Amherst Avenue and Broadwa y should wait until the coordina tion of the other signals goes into ffec and i s outcome is determined . * .... + * -2- . , .• I ! '!' I • • f • • • • A memorandum f r o m th e Bq ard of Adjustment a n d Appeals rec o mm e n ding a n encroac hment a t 3 47 5 South Pen n s ylva ni a Str eet wa s r e c e ive d for the rec o rd . COUNCILMAN DHORITY MOVED, COUNCILMA N BROWN SECONDED, THAT THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN ENCROACHME NT AT 3 47 5 SOUTH PE NN SYLVAN I A ST REET BE ACCEPTED. Discussion ensued. COUNC I LMAN LONE MOVED, COUNCILMAN PARKINS ON S ECOND ED, THA'r THE RECOMMENDAT I ON OF THE BOARD OF ADJUSTME NT AN D APP EALS BE TABLED FOR FURTHER CONSID ERATION. Up o n the c a ll of the roll, the vote resulted a s follows: Aye s: Councilmen Parkinson , Lone , Kre i ling , Dh o rity , Brown , Schwab. Nays: None . Absent: Councilman Lay. The Ma yor declared the motion ca rried. * * * * * * The minutes of t he Planning a nd Zoning Commission meeti n gs of July 22 and August 5, 1969 were received for the r ec ord . * * * * * * The July, 1969 fin anci al report was rec eived for the record. * * * * * * City Manager Dial presented a map showing the s egment s of two alleys wh ich are proposed to be vacat ed . Mr. Dial sta ted that one proposed vac at i on r esult ed fr om a r ecommend a tion of the Planning and Zoning Commission and the other f rom a request of Mr . Cha r l es Bush , owner of the Dry Cr eek Shopping Cen ter , to vacat e a 25-foot section of the Logan-Grant a lley in the 3500 block. Ass i stan t C1ty Attorn ey Donov an stated t h at in r egard to t he latter request, Mr. Bush h as given the City of Englewood a perpetual e a seme n t mak ing the proposed v a c a tion effective. (This is a stipulation in the proposed bill for an ordinance v a cating the a lley .) Introduced as a Bi ll b y Councilman Dho rity and read in full. A BILL FOR AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHI BLOCK 4, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD , STATE OF COLORADO . COUNCILMAN DHORITY MO VED , COUNCILMAN LONE S ECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLE WOOD HERALD AND ENTERPRISE. Upon the c al! of the roll, the vote resulted as fol lows : -3- • I • • . , ·' \ ! I f 'f • • Ayes: cou ncilme n Pa r kinson , Lon e , Kr e i ling, Dhority, Brown, S c hwab. Nays : None . Absent : counc1lman Lay. The Mayor declared the motion carr1ed. Intro duced a s a Bill by counc1lman Dhori y and read i n f ull. A BILL FOR AN ORDINAN E VACATING A CERTAIN PUBL I C AL LEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITH I N BL OCK 3 , BIRCH'S ADDITION TO BROADW AY HEIGHTS, SECOND F I LING , CITY OF ENGLEWOOD , STATE OF COLORADO, AND RETAI NING AN EAS EM EN T FO R UT ILITIES. COUNCI LMA N DHOR ITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE PROPOS ED BI LL F OR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBL ISHED IN FUL L IN THE ENGLEWOOD HERALD AND ENTER - P RISE . Up o n the call of the rol l, the v ote r e s ulted a s f o llo ws: Ayes: Councilme n Pa r k inson, Lone, Kre i ling , Dh ority , Brown, Schwab. Na ys : No n e . Abs e n t : Counc ilman Lay . The Mayor d ec lare d the motion c arried . ... * * * * * Introduc e d a s a B1l l b y Coun ci lman Lone and read in full. A BILL FOR AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS "SOUTH PECOS STREET " FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY KNOWN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET", EFFECTIVE 12:01 A .M. ON THE FIRST DAY OF JANUARY, 1971 . COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDEn, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST REAuiNG AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. City Ma nager Dial s tate d that he had previously been asked to i n f orm Arapahoe Count y and the City of Sheridan of the City 's in e n t to r e name South P ecos Street and South Santa Fe Lane to S outh Wi n de r me r e S treet . Mr . Di al st a ted that he had r ece i ved a pproval from b oth e n tities and r e a d a letter from Mrs. Hutcheso n , City Clerk for the City of Sher1 dan, s t ating such . Upon the call of the roll , the vote r e sulte d as follows: Ayes: Counc1lmen Parki n son, Lone, Krei l i ng, Dhority , Br ow n, S h wab. -4- . , I • • . • \ ! • • Nays: None. Absent : Counci l man Lay . The Mayo r declared the motion carried . * * * * * * RESOLUTION NO . 28 , SERIES OF 1969 RESOLUTION APPROVING A MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO ENTITLED "THE COMPREHENSIVE PLAN FOR ENGLEWOOD, COLORADO , 1969 ." (Copied in full in th e official Resolution Book .) COUNCIL MAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 28, SERIES OF 1969 BE ADOPTED AND APPROVED . Discussion e nsu ed . Upon the call of the roll, the vote resulted as f ollows: Ayes: Councilmen Parkinson, Lone , Kreiling, Dho rity, Brown, Schwab. Nays: None. Absent: Councilman Lay . The Mayor declared the motion carried. * * * * * * Assistant City Attorney Donovan reported on the liti- gation of Mr. Robert E. Moody, 2352 West Harvard , for his failure to comply with the Englewood Housing Code. Mr. Donovan stated that at the court hearing on the contempt citation he could not fully advise the court of the situation as the building inspectors were not allowed on the property. Mr. Donovan stated that the court ordered Mr . Mood y to let the building inspectors inspect his property and that he was waiting for a written report f rom the Building De partment in order to give the c ourt the exact status of Mr . Moody's compliance with the Code. * * * * * * Assistant City Attorney Donovan reported on the liti- gat~on of Mr. Oliver S. Kingsley, 235 0 South Tejon. Mr . Donovan stated r.hat three suits we re pending against Mr. Kinsley. The fi rst one concerns the cleaning up of his p roperty . Mr. Donovan stated that the court has given Mr. Kingsley a stay of execution (90 days) in which to cle an up his property a t his own expense and that if any d~sagreement should occur between the City and Mr. Ki ngsley as to what items constitu te junk , both parties should resolve the discrepancy themselves. If unable to do so , the matter should be g~ven to the cour for spec~fic d etermination. As s istanl C ity At orney Donovan stated that a question had been rais d reg arding wh ther or not the City would incur any liability as a r e sult of the 90 days given Mr. Kingsley since a) Winslow Cons ruction Company had moved in equipment to clean up th e proper y a f w d ays before the stay of execution and, con- sequently, mov d i ou and b) because of the contr ac t the City -5 -I • • • J •' I ! I '! • • had entered into with Mr. Winslow. Mr. Donovan stated that he had been advised b y Mr. Wi nslow th at if the or i ginal c ont ract and the bond which had b een p osted were returned to him, he would call the enti re mat ter as being null and v oid a t no expense to the City or Mr. Kings l ey. Discussion e n s u e d. Assis t a nt City Attor n ey Donovan brie f ly discussed two other Kingsley matters which include the Federal court c a se liti- gation and the subdivision litigation in which the c ourt stated that the City cou ld not restrict the fre e conveyance of property . * * * * * * Ci t y Manag er Dial form ally pr e sented the City Manager's Recomme nd ed 1970 Budget to the council. COUNCILMAN PARKINSON MOVED , COUNCILMAN KRE ILING SECONDED, THAT THE CITY MANAGE R'S RECOMMENDED 1 970 BUDGET BE ACCEPTED AND RECEIVED FOR THE RECORD AND THAT A PUBL I C HEARING ON THE PROPOSED BUDGET BE ESTABLISHED ON SEPTEMBER 2 , 1969 AT 8:00 P.M. AT CITY HALL . City Manage r Dial stated that copies of the proposed budget ar e on file with the officia l records. Upon the call of the roll, the vote resulted as follows: Ayes: Coun cilmen Parkin son, Lone, Kreiling, Dh ori ty, Brown, Schwab. Na ys : None. Absent: Councilman Lay . The Ma yor d ec lared the motion c a rried . * * * * * * City Manager Dial gave a brief report on the status of the De partment of Finance's a ccounting ma chines . Mr. Dial stated that bids were previousl y received on a lease a rrangement for an account i ng ma chine and tha t awa rd of the contrac t went to the Burroughs Corporation. However , because of their f ailure to deliver the machi ne in the time specified , t he c ontract was c ancelled . Mr . Di al stated tha t discussions with the National Cash Register Company we re c ommenced shortly after cancellation and that th e City has b een able to obtain an a ccounting ma chi ne f rom th at firm on a straight-lease basis. The lease payments a re comparable to the original bid. Mr. Dial also stated that inte nsive re s e arch reg arding the feasibility of a combined data proces sing ce nt e r with other area communities was being under- taken b y Di r ector of Finance Lyon. ~ * * * * Ci t y Manager Dial r e quested authorizati on fo r an out- of-state trip for Fire Chief Sovern and three men to inspect an aerial platform truck from August 1 9 to August 21, 196 9 . Mr. Dial stated that the cost of the trip would not e xceed $200. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED , THAT AN OUT-OF-STATE TRIP BY F IRE CHI EF SOVERN AND THREE MEN TO -6- • I • • . • I ! ' , ~ • • INSPECT AN AERIAL PLATFORM TRUCK FROM AUGUST 19 TO AUGUST 21, 1969 AT AN EXPENDITURE NOT TO EXCEED $200 BE APPROVED. Upon the call of the roll, the vote result ed as foll ows: Ayes: Councilmen Park in son, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None . Absent: Councilman Lay. The Mayor decla red the mo tion carried. * * * * * * A summary o f the proposed City of Englewood pension plan was received for the record. * * * * * * City Manage r Dial reported that Mr. Douglas Porter from the De partment of Housing and Urb an Deve lopment visited the City last week and reviewed the City's parks and discussed the Western Slope De velopme n t Project wi th Director of Utilities Carroll. City Manaqer Di al stated that he discussed with Mr. Porter the Open Space Second Amendatory Contract and a letter he had received from Mr. T r avis Wm. Miller of the Department o f Housing and Urban Development which stated that because Open Space funds were limited, the City 's Open-Space Grant could not be increased to its original appraisal. Mr . Dial also stated that he discuss e d wi th Mr. Porter th e a cquisition of park land fr om another governmental ag ency and read excerpts from his letter to Mr. Mill er dated Au gu st 15, 1969 pertaining to same. * * * * * * City Manager Di al reported on the seal c oat ing of Englewood streets by Arapahoe County. * * * * * * City Manage r Di al stated that he had been asked to attend the meeting o f the Western Conference o f the Council of State Governments, S eptember 8, 9, and possibly 10, which will be composed of 13 western states. * * * * * * City Manager Dial reminded members of Council of the National League of Cities' conference which will b e held in San Di ego, California, December 1 to 4, 1969. * * * * * + City Manager Dial gave a brief repor t on the condition of the Miller property, 4089 South Acoma. Mr. Dial stated that a n otice was given to Mrs . Mill er on August 11, 1969 calli ng for the removal of the litter from her property on Ac oma within 30 days and that Acting Chief Building Inspector Hamilton reiterated to her personally the intent of the notice. * * * * * * -7- I • • 0, •' \ ! ' ~ l • • Councilman Lone requested that a resolution or the necessary papers be prepared for Council's consideration at the next City Council meeting in order that an amendment to the City Charter could be placed on the November 4 , 1969 General Municipal Election ballot regarding the remo val of the "ta xpayer only" qualification for voting in general obligation bond elections as recommended by Mr. Bill Lamm of Willson and Lamm, bond counsel for the special storm sewer bond election . ****** Councilman Kreiling stated that he and Councilman Dhority had selected Mr. Bruce M. Heider of Walter E. Heider and Compan y , 300 East Hampden Avenue, as the auditor for the coming year. MAYOR SCHWAB MOVED, COUNCILMAN KREILING SECONDED, THAT MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, 300 EAST HAMPDEN AVENUE, BE AP POINTED AS AUDITOR FOR 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab . Nays : None. Absent: Councilman Lay. The Mayor declared the motion c arried. * * * * * * Councilman Brown inquired as to whether or not the Citizens Committee on Englewood's storm sewer drainage problems could start moving ahe ad with plans for a special storm sewer bond election. Councilman Lone stated that b y adopting a resolution as mentioned , this should give the citizens an indication of Council's intent to go ahead with the bond election . * * * * * * Cou ncilman Brown inquired if any applications had been received for the City Attorney's position . received. Mayor Schwab stated that one application had been * * * * * Mayor Schwab reminded members of Council of the Englewood Employees' Annual Picnic on Thursday, August 28, 1969 at 4 :30 P.M. at Englewood-Belleview Park. * * * * * COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT TH~ MEETING BE ADJOURNED. Upon the c all of the roll, the v ote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab . -8- " . ·. , ·' I ! '! I • • ' • • Nays: None . Ab sen t : Co u n c ilman Lay. The Mayor decl a red the mot i on carried and the meeting adjourned at 1 0 :06 P.M. I • • . • \ ! . , '! • • IN THE DISTRICT COURT OF'FICIAC CITY COUN CIL DOCUMENT H[ Liilt4 -~ 0 IN AND FOR THE COUNTY OF ARAPAHOE SEP 2 '69 STATE OF COLORADO Civil Action No. 27230 NATIONAL TEA CO,, d/b/a DEL FARM CO,, Plaintiff, • vs, CITY OF ENGLEWOOD, a Municipal Corporation existing under the Constitution and Laws of the State of Colorado, CITY COUNCIL OF THE CITY OF ENGLEWOOD, ELMER SCHWAB, DALLAS DHORITY, JOHN LAY, ) J, LOUIS PARKINSON, JOHN CREILING, ) RICHARD LONE, and HOWARD BROWN, ) as members of and being and con-) stituting the City Council of the ) City of Englewood, ) ) Defendants. ) CO UNCIL M ECTI NG FILE CITY O F ENGLEWOOD, COLO. JUDGMENT, DECREE AND ORDER This matter coming on to be heard upon the petition in the nature of certiorari filed by the above mentioned plaintiff to review a decision of the City Council, City of Englewood, Colorado, denying an application of the plaintiff for the issu- ance of a fermented malt beverage 3,2 beer license at 4160 South Broadway, Englewood, Colorado for sale of 3.2 beer by the package for consumption off of the premises, The defendant filed a record of the proceedings. IT IS STIPULATED that the applicant is fully qualified and has done everything legally required for the issuance of said beer l icense, and, The parties stipulated that the sole question is whether, ba s ed upon the evidence at said hearing and the stipulations of counsel, the City Council abused its discretion in finding that I • • ~---------------------------------------------------~------------------------------------------~,-• -------------------------------------------------.• , • the reasonable requirements of the ne ighborhood ar~ pr~•~ntly being met by the existing outl~ts and that th r w auf f ici ~nt desire for the granting of the appli c a ion in rhood. The Court finds: l. That the parties have stipulat~d ha by the pla i ntiff contained 566 signatur~• f vori ing of said application by persons res i d i ng wi th in a bloc rad us of said store at 4160 so. Broadway, and 269 s i gnatu res o f patrons of said store who favored the granting of the application but did not live within the 6 block radius for a total of 835 signatures in favor of granting said application. 2. That said petition contained the following language: "We the undersigned, each being at least twenty one years of age, and residing or doing business in the"neighborhood of 4160 So, Broadway, Englewood, Colorado, or being cus- tomers of the store, have no objection to and support the request of Petitioner, National Tea Co., doing business as Del Farm Stores, for the issuance of a fermented malt bever- age license to sell 3.~ beer by the package for consump- tion off the premises at the Del F trm Store at 4160 so. Broadway, Englewood, Colorado, and freely and voluntarily sign the following Petition in support of said application and state as follows: ' (1) That as inhabitants of the neighborhood surrounding the store at 4160 So. Broadway, Englewood, Colorado or as customers thereof, the undersigned desire that a 3,2% beer license be granted to National Tea co •• doing business a s Del Farm Stores, for said premises . (2) That as inhabitants of the neighborhood surrounding the st ore at 4160 so. Broadway, Englewood, colorado, or as customers of the store and being familiar with the neighborhood and the outlets selling alcoholic beverages therein, the undersigned believe that as far as 3.?% beer by the package is concerned, the neighborhood is not being adequately served by the existing outlets and that there is a definite need and requirement for an outlet at these pre- ~· Opposing the granting of the license, 429 signatures were presented of which 317 were from peraona living within a 6 block -2- • . , ·' I ! '! I • • f • • • • radius . 3. The cour t finds that the petitions were overwhelmingly 1n favor of granting the application. 4. The court has been furnished with a map showing the oth r outlets, a n d the parties stipulate that to the south the nearest outlet selling 3.~ beer is at 123 East Bellview, which 1s approximately a mi le and a quarter distant. That to the north there is no establ ishment selling 3.~ within a distance of 2 miles. That to the east and west the same conditions exist. That s a i d area is densely populated .. 5 . The Court f.inds that there are two 3-way outlets hold- ing a hotel and restaurant liquor license selling spiritous beverages by the drink within a 6 block area and 2 drug store licenses which are authorized to sell package 6% beer within said 6 block radius. 6. The Court notes that there is a difference between the manner in which 3.~ and 6% beer are sold and regulations concern- ing the same. For example, the 3.~ can be sold on Sunday whereas 6% cannot. 3.~ may be sold to persons 18 years of age and older whereas 6% can only be sold to persons 21 years of age or older. The hours of sale of such items are also different. 7. That there are no other outlets within a mile radius from the plaintiffs as shown by the Englewood map and these facts are stipulated 'by counsel: 8 . The transcript discloses 'that approximately 20 persons appeared i n person who favored the granting of the application and only 2 persons appeared in opposition, both of whom were opposed to the sale of beer anywhere. -3- ., I • • ' - • • • 9. The transcript discloses that applications by the Plaintiff are made for 3.2 beer licenses only when need has ·been established I by repeated reque s ts from customers in this case 20-40 requests per week for 3 .2 beer. That the number of such requests had con- tinued over a number of years and was increasing. That the char- acter of merchandising in the area had changed. That 75% of per- sons contacted by the petitioners favored the granting of the appli- cation. 10. That City council found: "In addition, the evidence adduced indicated that there are several package liquor stores, three-way liquor estab- lishments and at least one 3.~ outlet within a relatively short distance of the location requested in the application and Council therefore finds and concludes that the reason- able requirements of the neighborhood are presently being met by the existing outlets." The Court holds that Englewood City council findings and resolutions are erroneous and not based upon the evidence and the Council totally disregarded the evidence showing that the reason- able requirements of the neighborhood were not being met. The court is of the opinion that reasonable minds could only conclude that the reasonable requirements of the neighborhood and the needs of the inhabitants require the granting of the applica- tion. Further, the City Council of Englewood has acted arbitrarily and capriciously in denying the 3.~ license application and that such action constitutes error. Accordingly, it is the judgment, decree and order of ~he Court that the decision of the Englewood City council denying a 3.~ beer license to National Tea co. be reversed and that it is ordered that the Englewood City council issue said 3.~ beer license to the National Tea Co. -4- . , ·' I I '!' I • • f • --------------------------------~----------------------------------~------------------ ._ • Done in open Court this _____ day of -------------------- 1969. on A. torney for Defendants 755 s. Broadway Englewood, Colorado -s- BY THE COURT: Judge ·' \ l I '! I • • • • -~-------------------~-·-·--- .. OFFICIAL CITY COUNCIL DOCUMENT nr--• •n,.., 'Tr) EP ? '69 COU NCIL r.,LL.'olo G FiLE CITY. OF ENGLEWOO D. COLO. IN THE DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAHOE AND STATE OF COLORADO Civil Action No. 26647 CITY OF ENGLEWOOD, a Colorado · Municipal Corporation, l Plaintiff, vs. ROBER T E. MOODY, HANDA M. MOOD Y, CIVIC LOA N CO MPA NY, a Colorado Corporation, doin g bu s i ness under the trade name of Civic Credit Corp, and EVELY .' J. BARR as the Public Trustee of Arapahoe County, Colorado; and ALL OTHER Ui!KNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE REALTY DESCRIBED, Defendants. ~ ) ) ) ) ) ~ ~ ) ) THIS MATTER having come o n for hearing this the 26th day of August, 1969, the plaintiff being represented by its attorney, Edward G. Donovan, Esq, and the defend a nt s, Robert E. Moody and Wanda M. Moody appearing pro se and the Co urt having heard the testimony of the building inspectors of the City of Engle wo od and of the defendant, Robert E. Moody, and being fully advisad i n the pre m i s e s , DOTH FIND, that t he de f endants have not fully complied with that Order of the Court entered on Au gust 26, 1968 in the following particulars, to-wit: 1. The electrical service to the building located on the premises known as 2352 West Ha rvard Avenue, Englewood, Colorado is of insuffic ient capacity. 2. The floor furnac e is improperly and unsafely installed and does not have au to matic con rols. 3. The gas piping is copper rather than rigid piping. 4. There is no hot water heater. I· • I 'f - • • 5. There is no bathtub or shOI'Ier. 6. The well installation is inadequate. 7. There is only · a toilet bol'll and no tank. 8. The plumbing is still attached to a septic tank and sewer service is available. 9. The ceilings are in improper condition exposing only lath. 10. The foundation is crumbling and in need of repair. 11. There is inadequate structural maintenance in the floors and the floor joints and supports are inadequate. The Court further finds that the defendants have complied with the Order of this Court entered on August 26, 1968, in the following particulars, to-wit: 1. The roof has been repaired. 2. The chimney is not in dangerous condition. The Court further finds that the aforesaid failure of the defendants to comply with the previous order of Court was not a wilful violation of that Court Order, AND IT IS THEREFORE ORDERED ~ ADJUDGED AND DECREED, 1. That the Contempt Citation issued against the defendants Robert E. Moody and Wanda M. Moody is hereby dismissed; and 2. That the ·defendants Robert E. Koody and Wanda M. Moody shall vacate the premises known as 2352 West Harvard Avenue, Englewood, Colorado, also described as Lots 3 and 4, Block 12, Southlawn Gardens, Arapahoe County, Colorado, on or before September 12, 1969, and said defendants and all other persons in active concert or participation with them be and are hereby enjoined fro m occupying or in ha biting said premises until such t ime as t he above-describ e d de fects in the premises have been eliminated a n d the dwe l l ing conforms to Ordinance No. 17, Ser ie s of 19 6 6, of the City of E ng le ~1 ood, Colorado; and 3. That as soon as the ·defendants Robert E. Moooy and Handa :1. :·1oody h a ve v a cat e d the aforesaid premises, the City of Fn ql c :·:oo d shall b oar cl up and seal off the dwelling located on said premises a nd r e n de r it in such condition that no one may enter said dwellino; and - 2 - . ' I . • ·' I ! I ~ • • 4. The defendants Robert E. Moody and Wanda M. Moody shall make arran gements to have the above-described defects in the premises eli minated and at such time as said arrangmcnts have been made to the satisfaction of the chief building inspector for the City of Englewood, Colorado, the said defendants may apply to this Court for an Order opening said dwelling and allowing said repairs to be made. Dated this August 26, 1969. : ... day of August, 1969 nunc pro tunc as of BY THE COURT: Judge - 3 - I . • • - • • ROLL CALL I . • • • • . .. ROLL CALL I • • • 0 -< r • • ROLL CALL I • • • • - • • ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB ' <-,., I . • • -• • ROLL CALL '::1:. f -:...---~ L!} A10~ /f"P' ~ fF2-" f / • t~ ~·· / 4~ :---r_/t-" 1' ..; ._ c. • . • ,- -,-. ---L· /- ./.~-~ 7 I • • \ I I '! - _3 L_ ~ L-- L_ I-- 1-- • ~ 0 u ~ ROLL CALL BROWN DHORITY KREILING LA Y LONE PARKI NSON SCHWAB UJ ~ ~ • • • UJ >< :;; - ~ .--[,.. -,_ -~--- "" ~ ~ L :;,....-- /.;"' ....... 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