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Home My WebLink About2004-07-12 (Regular) Meeting Agenda Packet-- ,, 0 .. ·. . . . . . . ·• • • . . . . ·~. / . .. .,. . . .. . . , ... . .. . . . .. ·.· . ' .. .. .. .. ~.. :-.. .. 1· ~ ,: . ' l '~ -· •• • . ', ... ' .. ,•" .. • .. ~· ~-. ": -.~ .. ~·-'.\, . •· ..... ~ ...... . . , . · .• ,' .. ; ... . '· .. . Regular City Council 'leeting July 12, 2004 • [j .. Ordinance# 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 . t. ' ' 4" ... • \, . .. ·. ~ .. ' .. • . .. • . I-, ' • • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar s-ion July 12, 2004 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett al 7:36 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. PleclgeofAUepance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCall Present : Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn None [Clerk's note : There is a Council Member Al-Large vacancy due to the resignation of Council Member Yurchick . Mr. Yurchick's resignation was effective July 3, 2004.) Also present: 5. Minutes City Manager Sean City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Commander Wicks, Safety Services Director Eaton, Human Resources Open Space Manager Lee (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 21, 2CNM. Mayor Garren asked if there were any comments. questions or corrections. There were none . Vote results: Ayes : Nays: Moti on carried . 6. Scbedultd Vllilon Council Membcn Barrentine. Moore, Bradshaw, Garrett, Wololyn. Tmmso None (a) Mary Wh ite. Prcsid and Chief Executive Officer of Swedish Medical Center, wd lhant you for havi ng us thi everuna. We are a bu like the youn,er saSlcr .•• our loo-' anni-..y will be in 2005 and we know yo u celebrated yours last )Car. We are jUSI a linlc bit behind you. We met with Clary a few monthll qo and Clary said 11 would be helpful 1f we shared with you what we are doina IO ce~ ovu the DClll twelve monthll and tell ' • • Englewood City Council July 12, 2004 Pagc2 you what is going on with us, because we have some exciting events . We have some social activities and we have a community project we want to make sure you know about. Our social cvcnts ... sincc we arc Swedish Hospital ... wc celebrate Swedish holidays . One being Midsummer's Eve, which just occurred . It is the longest day of the year . The other is St. Lucia's Day, which is a replacement for our Christmas holiday and it celebrates the shortest day of the year . We have a smorgasbord planned in the spring and then we will have a community birthday party that you will all certainly know about and hear about between now and then, which will be next summer. We arc redesigning our landscape on the campus and none of us were here, I don't believe, a 100 years ago, but at that time the landscaping at Swedish was well known across the community for its lovely flowers and we arc trying to recreate that and the courtyard at the back of the hospital. That would be part of the tour during our community celebration. But, she said, our exciting project is our Dala Horse project. The Dala Horse is a symbol of Sweden and it is a toy that is used by children in Sweden and it represents the culture there . We have a project that wc arc coordinating with four Rotary Clubs . It started as a joint project with Rotary as ... and this is the embarrassing part ... Colorado is one of the worst states in the United States in terms of immunization rates for children. So the Rotary. because of their history of trying to stamp out polio and look at immunizations, has partnered with us and wc will be doing a combined project with four Rotary Clubs: the Englewood Rotary, the Denver Tech Rotary, the Littleton Rotary and the University Hills Rotary . Other sponsors arc the Swedish Auxiliary, Swedish Hospital, AMR, Rural Metro, Craig Hospital, the Englewood Arts Commission and the Health One Alliance . Our program is to have two clinics a month between now and next June and we arc going to be handing you information on this, so you will know the dates that they will be in our community. Those clinics, hopefully, will be the begiMing of a project that will continue into the future . Hopefully, this will make a dent in the immunization rate for our community, for our part of Colorado. We arc going to do that by selling Dala Horses and they will be different si:r.cs and they will be painted . You will sec them around the community in the next year and it is an excellent program and we hope wc will have sponsors in 2006, 2007, 2008, 20()() ... so it continues and wc reduce that national position that wc hold of being the worst state in the union in terms of the immunization rate. Also, my Marketing Director wanted me to tell you that there will be a "Shots for Tots" banner over Broadway in September, so don't be surprised when you sec that. It will have the Dala Horse on it. We have "Shots for Tots" pins for Council. Finally, wc have Swedish costumes wc had made that we will be wearing to all of our events over the next 12 months. Ms. White passed out to each Council member a pin that they will be selling in the community to help promote the program. Council thanked Ms. White . Mayor Garrett said wc appreciate all of the work Swedish docs in the community. You do wonderful things . I Ms . White said we have handouts for you on the "Shots for Tots" program . She thanked Council. ••••• Mayor Garrett said because of the unusual number of people wc would like to rccogni:r.c, that have been appointed or reappointed to our boards and commissions, I would entertain a motion to move Agenda Items 8 (b) through 8 (t) forward . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO MOVE AGENDA ITEMS 8 (b) THROUGH 8 (t) FORWARD. Ayes : Council Mcmbc;_rs Barrentine, Moore , Bradshaw, Garrett, Wolosyn , Tomasso Nays: None Motion carried . Mayor Garrett this is always an exciting time. We had intetvicws for the board and commission appointments a few weeks ago . It is an opportunity for all of our citizens to participate in a lot of the activities of the City. We are always grateful for all the support we receive from the community and for giving Council their input. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH (t) • RESOLUTION NOS. 58 THROUGH 76. (b) A resolution appointing John Brick to the Keep Englewood Beautiful Commission . RESOLUTION NO . 58, SERIES OF 2004 t .. • • Englewood City CouncU July 12, 2004 Page3 A RESOLUTION APPOINTING JOHN BRICK TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (c) A resolution appointing John Brick to the Englewood Liquor Licensing Authority. RESOLUTION NO. 59, SERIES OF 2004 A RESOLUTION APPOINTING JOHN BRICK TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (d) Authority. A resolution recommending the appointment of Charles Carter to the Englewood Housing RESOLUTION NO. 60, SERIES OF 2004 A RESOLUTION RECOMMENDING CHARLES CARTER FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (e) A resolution reappointing Kate Dulaney to the Englewood Cultural Arts Commission. RESOLUTION NO. 6 1, SERIES OF 2004 A RESOLUTION REAPPOINTING KATE DULANEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (f) A resolution reappointing Daryl Estcs to the Englewood Code Enforcement Advisory Committee. RESOLUTION NO. 62, SERIES OF 2004 A RESOLUTION REAPPOINTING DARYL ESTES TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (g) A resolution appointing Barbara Fout as an AltemalC Member on the Englewood Board of Adjustment and Appeals. RESOLUTION NO. 63, SERIES OF 2004 A RESOLUTION APPOINTING BARBARA FOUT AS AN AL TERNA TE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. (h) A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority. RESOLUTION NO. 64, SERIES OF 2004 A Rl,SOLUTION REAPPOINTING BARBARA FOUT TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (i) A resolution appointing Dooley Gehr to the Englewood Code Enforcement Advisory Committee. RESOLUTION NO. 65, SERIES OF 2004 A RESOLUTION APPOINTING IX)()LEY GEHR TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (j) A resolution reappointing Chuck Gril'IICI to the Englewood Parade Committee. t .,.. ·' ; . • • Englewood City Council July 12, 2004 Page4 RESOLUTION NO. 66, SERIES OF 2004 A RESOLUTION REAPPOINTING CHUCK GRIMES TO THE PARADE COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (k) A resolution appointing Paul Hendricks as an Alternate Member on the Englewood Code Enforcement Advisory Comminee. RESOLlITION NO. 67, SERIES OF 2004 A RESOLUTION APPOINTING PAUL HENDRICKS AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (I) A resolution reappointing Chris Hoagland to the Englewood Code Enforcement Advisory Committee. RESOLUTION NO. 68, SERIES OF 2004 A RESOLUTION REAPPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMJITEE FOR THE CITY OF ENGLEWOOD, COLORADO. (m) A resolution appointing Cornelia Humphreys to the Keep Englewood Beautiful Commission. RESOLUTION NO. 69, SERIES OF 2004 A RESOLUTION APPOINTING CORNELIA HUMPHREYS TO KEEP ENGLEWOOD BEAlITIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (n) A resolution appointing Amy Laugesen to the Englewood Cultural Arts Commission. RESOLlITION NO. 70, SERIES OF 2004 A RESOLUTION APPOINTING AMY LAUGESEN TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (o) A resolution appointing Rebecca Laughlin to the Englewood Parks and Recreation Commission. RESOLUTION NO. 71 , SERIES OF 2004 A RESOLUTION APPOINTING REBECCA LAUGfil..IN TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) A resolution appointing Julie Lonborg to the Alliance for Commerce in Englewood . RESOLUTION NO. 72, SERIES OF 2004 A RESOLUTION APPOINTING JULIE LONBORG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. (q ) A resolution reappointing Nick Panena to the Alliance for Co.mmercc in Englewood. RESOLUTION NO. 73, SERIES OF 2004 A IffiSOLUTJON REAPPOINTING NICK PANETI A TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE C ITY OF ENGLEWOOD, COLORADO. t .... .. .• ~ .. • • - Englewood City Council July 12, 2004 Pages ·• • • 0 0 (r) Committee. A resolution appointing Cynthia Payne to the Englewood Code Enforcement Advisory RESOLUTION NO. 74, SERIES OF 2004 A RESOLUTION APPOINTING CYNTHIA PAYNE TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (s) A resolution appointing Ted Vasilas to the Alliance for Commerce in Englewood . RESOLUTION NO. 75, SERIES OF 2004 A RESOLUTION APPOINTING TED V ASILAS TO ALLIANCE FOR COMMERCE IN THE CITY OF ENGLEWOOD, COLORADO. (t) A resolution reappointing Robyn Williams to the Englewood Liquor Licensing Authority. RESOLUTION NO. 76, SERIES OF 2004 A RESOLUTION REAPPOINTING ROBYN WILLIAMS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. Vote resulls: Motion carried . Ayes: Nays : Council Members Barrentine, Moore, Bradshaw. Garrett, Wolosyn. Tomasso None Mayor Pro Tern Wolosyn read the names of all the board and commission appointees ind Mayor Garrett presented a certificate and City pin to those present . Mayor Pro Tern Wolosyn thanked everyone for their service to the City. There was applause. 7 . Unscheduled Visitors (a) Greg Kaincr , 4443 South Acoma Street , I have spoke before Council before as a constituent. Tonight I come in a special way . I come as the President of Englewood Unleashed. We arc now a pending 501(c)3 non-profit . Our mission as a non-profit is that we arc dedicated to public education for off-leash dog recreation through site planning, park maintenance, assistance and fund raising. We have created a seven pcnon board from the neighborhood and we believe it represents the community spirit. I did bring a packet for each Council member of our Articles of Incorporation and Bylaws . They were given to Council. We formed this group so we could be an advocate for what we believe the City, the community and all the dog owners hope to have through their parks. We believe that we can assist the City and the neighborhood ... Englewood ... in coming to an agreement through grass roots advocacy and public forums . We believe that we can present solutions. so the community will not feel slighted by areas that they don't really feel comfortable going to . We also believe that we can supplement the City through fund raising abilities and volunteer efforts to maintain the dog parks . We try to. so to speak, put our money where our mouth is. We hope that the Bylaws you sec in the packet represent community spirit. That is really all I have to say . I do thank you for your time and hopefully we will be of help 10 you . Mayor Garrett said thank you very much . There was applause . (b) Alice Hanna said I am the Vice President of Enslewood Unleashed and I just wanted to tell you a little bit about the fund raising opportunities we have thought about . For the past two weeks we have worked relcntlc sly on this issue. I know one Council member specifically said she wanted to find OUI who arc the poups that arc out there that arc interested in working on fund raising and volunteering . We lhoupt one of the bat wa)'I to do thi s was 10 come together as a formal group and pul together a proposal of what we can do as a community. ' . .. .. • • 0 Englewood City Council July 12, 2004 Page6 ·• • • and as the users of the off-leash pilot program, as well as the off-leash park that we hope to have. Another little piece of information is that we have a website. If you arc interested in seeing any pictures, a group of us went on a tour of the Belleview area and the Centennial area and we took pictures. We looked at the different criteria and we tried to sec, as dog owners, which of the two we preferred . I believe you voted off Belleview, however that was the Task Force's compromise and that was the one we thought was the best area. Obviously, Cushing was our first choice, but then Belleview was our next choice, in the spirit of compromise, as you all urged us to compromise. So if you would all go to our website and look at our pictures, that would be great. There arc just a few areas I wanted to go through, in terms of our fund raising efforts that we have staned thinking about and developing. We have come up with lots of different areas to raise money. We know we have deficit years, with budget stresses, and we believe that as users we are also responsible for paying and volunteering to be able to use these parks. We have talked about membership dues. If you were a member you would contribute something like $15.00, but we haven't settled on the amount. That is also contingent on whether there will be a permit for using these parks or a dog licensing. We don't want to establish dues, if you arc going to go ahead and add an extra fee to that. Or maybe we will adjust that. But we have talked about that. Also, we have already raised about $1,000.00 in the past three or four weeks. We have spent some of that for the formation of our non-profit and other things. Also, we have made a list of corporate sponsors that we believe may be interested in donating. There arc several ways that corporations could sponsor us ... through in-kind donations or straight charitable donations. I have done a lot of research of web sites and there arc a lot of organizations out there that receive in-kind donations such as fencing, garbage cans, poop pick-up bags, dispensers, turf supplies, tools such as rakes ... different things that we could use to maintain the parks ourselves. Also, there is the whole other aspect of applying for grants. Now that we are a non-profit organization, we can file for grants and get money as a non-profit organization and work in conjunction with local government to create these funds . Next, we have thought about fund raising. We are trying to get together a dog walk to occur on the same day as the dog days, which will be held at Centennial Park and we are hoping to raise funds that way. Another thing would be T-shirts. People could always show their support by wearing T-shirts. Another idea was to do some "in memoriam" plaques. Maybe if we have a formal off-leash park, there could be a wall or a sign on fence where people could donate $15.00 or $20.00 to have "in memoriam" for their dog or another pct that they lost and had cared for . The last area that we talked about was administering licenses and permits. We could be your venue for doing that. I know that the Task Force discussed that there is, I believe, a fee collection person here that does other types of licensing and that they could do some collection, but in terms of monitoring permits, enforcing permits ... we arc the dog users and we could be doing that. Lastly, I wanted to talk about the aspect of volunteers. There are a lot of us out here . You have seen us in the audience for the past two years. We all really enjoy going to the dog parks and we all want to contribute. We already have a group of people who go out relentlessly and 'do park clean-up at the existing parks. But, on top of that we arc trying to build a bigger volunteer base to provide maintenancc ... for repair, clean-up for the off-leash areas, as well as self-enforcement. So these arc a few of the proposals we have come up with, in just two weeks. So just imagine what we can do if we all work together. Thank you . There was applau1;C . . (c) Tavis Hanna said thank you for letting me speak. Basically, I just wanted to come to the table to point out the next step of what we would hope to do. I am not an officer of this organization, but what I would hope to do is work on the community outreach program. There arc two issues that arc pretty near and dear to my heart . Number one, I would like to set up visitation with the schools, so that kindergarten through, probably, the fourth or fifth grade, the children would have the opportunity to meet dogs in a controlled setting and learn how to behave around them. When we take the dogs to the parks. the kids often gravitate toward the dogs .. When the parents arc there they arc usually telling the kids to ask first, touch them behind their head, don't go straight up to their face . I've taken my dogs to my sister's Show and Tell before and it is 2 great experience for kids. They learn an incredible amount of safety information that I think is crucial for them to become a regular recreational user of the parks and just be out in public where dogs are going to be. So that is one area where I would hope to donate my time and efforts to the community. The other area is in dog therapy work, coordinated with Swedish Medical Center. One of my friends works there and he said it is a pretty good idea. I have talked with quite a few people about the process of getting a dog licensed and certified to do that and I have found that it is very well regulated . And I know that there arc only certain dogs that arc good candidates . That is the second thing I am interested in doing and using this organization as a platform for other volunteers to provide the community with the same service o r s imilar o nes. The launching pad for both of those and other simi lar services arc the dog parks, which brings me to the c urrent is ue at hand . Cus hing, Centennial, Belleview ... a lot of the concerns we have with Cushing is it is goi ng to be Bates Logan and Jason Park on a two year delay. People live around the park and we feel that that is goi ng 10 be an i sue again. It is going to take time for the problems to build, but this would be the third time we ' ., • • - • Eqlewood City CouncU July 12, 2004 Page7 have seen thal same pattern repeal itself and we don't want it to get to that point. We want to do something more proactive . Centennial is a decent location, as far as what we have available in the City and if it does become a park, we will use it. I do know there are quite a few women who have expressed their concern to me about the safety there, as it is not well lit and it is quite a ways from the parking lot. It is in quite an isolated area and pretty far away from where people could hear you scream if there is an emergency . Belleview .. .I understand it is off the table . That is probably the best location, especially if you are keeping the other parks off-leash, because what we are really looking at is we can't require people to go to the main, flagship, off-leash park in our community. But we need to give them a feasible incentive to go somewhere else. Belleview is just a half mile down the stteet from Jason, it is easier to find and the parking lot is immediately adjacent to where it would be . I understand that the nature area is one issue. There is another section of Belleview, it is above the nature area and it is an established park already, with picnic tables . Basically, with just picnic tables . We would love to be able to have a portion of that, if that would be possible . The reason that I ask for something that is already developed is the fact that Belleview is already a very, very large park with plenty of facilities that are duplicated by this other area. That area does not have residential neighbors, it is pretty well isolated in terms of not being right next to industrial property. That is one of the concerns a lot of people have had with Centennial is there is a pond there, with a very small stream going into it, but the still body of water is so large, that with that small amount corning in and that small amount going out, it is very stagnant. There is even a pretty good oil slick that you can sec on it at low light. I wouldn't want my dogs in it. The other di sadvantage with Centennial is the lighting. It is going to be pretty costly to put a lot of lights going from the parking lot to there and then around the location . And the grading ... basically it is a dump truck tailings pile . It is a series of piles . It is like a small sand dune in there . It is going to take a lot of grading. Probably a good couple of day 's worth of bulldozer work, before wc even get to the point where wc are talking about soil treatment , vegetation control and fencing. And it would need fencing, because the water is not safe and the Platte Trail Bike Path is immediately adjacent to it. Many of us have had problems with bicyclists really not even slowing down. When we have a dog on leash, we are off to the side and they don't want to even slow down, they don't want to stay on your left or anything . I kind of feel like it is a "this is our path, get off" kind of thing . We are still just pedestrians at that point , where our dogs aren't out of control... wc have them on the right side and we are up ,against the shoulder and the bikes are passing us on the left and wc still get the same treatment. So there is that danger risk as well . But, again, back to the issue of providing this as a viable alternative to the other parks in the area. There are going to be out-of-town users . Denver users, quite often. We don't want to overpopulate our parks. So keeping the other parks off-leash is, of course, what most of us hope for and having this one large facility .. .I think, really, the lynch pin of it is ... is it going to be a place that is easy to find, that is safe to go to and that people are going to want to go to? That is one of the big pros and cons between Belleview and Centennial . But, the fallout of that is, if we do keep these other parks on the off-leash program and we are able to work with you and build fenced enclosures at different spots ... and I am working with Chuck, who works with Englewood soccer to figure out different sc hedules , seasonal use times , evening hours and mornina hours with other parks ... that could be all for nodung, if thi s other alternative park is too far out of reach, it is less likely to get used, because we do need to distribute the use of all of these fa cilities evenly enough, so that one of them doesn't yield all the stress and strain . That is pretty much it. I apprec iate your time . Thank s for hearing me out. There was applause . 8. Communications, Proclamations and Appoint-I& (a) A letter fr om Debi Medl oc k indicating her re signat ion from the Englewood Housing Authority was consi dered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPI' WITH REGRET DEBI MEDLOCK'S LETTER OF RESIGNATION FROM THE ENGLEWOOD HOUSING AUTHORITY. Aye s: Na ys : Motio n carried . Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn, Tomasso None [C lerk 's no te : Age nda It ems 8 (b) through 8 (I) were moved forward . Sec paac 2 .) 9 . Public: Hearina No public hearing was sched uled before Council. <• t -·· • • Englewood City CouncU July 12, 2004 Page8 JO . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (Sec Agenda Item 11 -Regular Agenda .) (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda Item I I -Regular Agenda.) 11. Reau)ar Alfflda (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Arapahoe County Commissioners concerning "Open Space" tax shareback funds . I can go through the highlights of the intergovernmental agreement, if you would like . It has been discussed a few times in Study Session, but I can do that if Council so desires . Mayor Garrett asked if there were any questions for Director Gryglewicz . There were none . Mayor Garrett said we have been through this quite a few times already.. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I) -COUNCIL BILL NO. 37. COUNCD.. BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORJZJNG INTEROOVERNMENT AL AOREEMENI' BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE. COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING ''OPEN SPACE" TAX SHAREBACK AJNDS . Mayor Garrett asked if there were any comments or questions . There were none. Vote results: Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Tomauo None (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reaclina . (c) Resolutions and Motions (i) Commander Wicks presenced a recommendation from the C>epann.nl of Safety Services to adopt a resolution pertaining to Sex Offender Reai tration Fees . He laid the $Object of die A,enda iletll is Sex Offender Registration Fees and the resolution is to allow the Director of Safety Services IO char• l'eea IO off1et the expense of registering sex offenders. As a way of backpound. the Colorado Revlled SUiluia .....,. 11111 Cfflain persons who have been convicted of an offense involYina unlawful sexual behavi<w, rqiar widl die local law enforcement agency within which that person lives . This rqistration 1111111 be compleled widlia flw ~ dayi. ' ·~ .. • • Englewood City Council July 12, 2004 Page9 0 after release from incarceration. The offender must also re-register on his or her birthday every year and submit a written registration cancellation whenever the offender moves out of the jurisdiction. Because of these requirements, the Safety Services Department must be staffed to provide these services. There arc approximately 73 registered sex offenders in the City of Englewood at this time. CRS 16-22-108(6) mandates that persons who arc subject to mandatory registration with the Police Department as sex offenders shall bear the cost of the photograph or image and fingerprinting required for the registration. Additionally, CRS 24-72-306(1) allows fees to be charged for the search, retrieval and copying of Criminal Justice Records. The cost of registering sex offenders and responding to requests from the public for information on registered sex offenders is substantial and should be reimbursed to the City, he said. In tenns of financial impact, the fees will help offset the cost to the City. I will be happy to answer any questions from Council. Council Member Tomasso said is there any reason we arc charging less than Sheridan? Sheridan is $25.00. Commander Wicks said the $20.00 was based on our estimation of the amount it was going to cost the City. I do not know what the basis was that Sheridan used. Council Member Tomasso said the County was also $75 .00 and $25 .00. The initial fee was $75 .00 and the re- registration was $25.00. Commander Wicks said that is my understanding. Council Member Tomasso said shouldn't our fee be in line with those fees? Mr. Wicks said that is up to the City Council. .. our recommendation is $20.00. As I said , that will help offset the cost to the City. Council Member Bradshaw said what do you want to do Ray? Council Member Tomasso said I think we should stay in line with the $25 .00. There is no sense in being the cheaper jurisdiction. Council Member Barrentine said I have a question. The fee addresses registering the sex offenders, but doesn't it address responding to requests from the public? How is that handled? How is that reimbursed to the City? Commander Wicks said there is a charge for that retrieval, and copying of that sex offender information, to the individual that requests it. Council Member Bradshaw said how much is the charge? Mr. Wicks said I cannot answer that question. I think it is $ I 0 .00 for 15 pages and after that it is $1 .00 a page. It is somewhere in that range. Council Member Barrentine said so, we arc already charging that, currently? Mr. Wicks said we are charging that c urrently . Ms. Barrentine said okay. Council Member Wolosyn said the person who makes the request then pays. Council Member Bradshaw said yes, but that is not a registration . Commander Wicks said no, that is not the registration. Mayor Garrett asked if there were any other questions for Commander Wicks. There were none . Council Member Bradshaw said I agree with Council Member Tomasso. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l l (c) (I)· RESOLUTION NO. 77, SERIES OF 2004, AS AMENDED TO CHANGE THE FEE TO $25.00, TO BE IN LINE WITH SHERIDAN AND WITH THE COUNTY. RESOLUTION NO. 77 . SERIES OF 2004 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE CITY OF ENGLEWOOD SAFETY SERVICES DEPARTMENT RELATED TO THE REGISTRATION OF SEX OFFENDERS. Mayor Garrell a kcd if there was any discussion . There was none . Voce raults: Aye : Council Memben Barrentine. M00te, Bradshaw, Garrett. Wolosyn. Tomauo ' .... . •' • • --~- Englewood City Council July 12, 2004 Page 10 Nays : None Motion carried. (ii) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution approving a Collective Bargaining Contract with the Englewood Firefighters Association for the years 2005-2006. I have listed the highlights of the contract and I have been keeping Council apprised of the negotiations, but if you have any questions I would be happy to answer them tonight. Mayor Garrett asked is there were any questions for Director Eaton. Mayor Garrett said I would like to thank Sue and the committee. They worked very hard, with the firefighters to come to a resolution of these issues. I think both sides worked very hard and did a very good job on this. Director Eaton said thank you. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ll) • RESOLUTION NO. 78, SERIES OF 2004. RESOLUTION NO . 78, SERIES OF 2004 A RESOLUTION AlITHORIZING THE COLI.ECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I, 2005 THROUGH DECEMBER 31, 2006. Mayor Garrett asked if there was any discussion . Council Member Bradshaw said I would just like to say kudos to EFFA for being cognizant of our budgetary issues . Thank you . Council Member Wolosyn concurred. Vole results: M<>1ion carried . Ayes : Nays : Council Member.; Barrentine, Moon:, Bradshaw, Garrett. Wolosyn, Tomasso None (iii) Director Eaton .praellled a recommendation from the Human Raources Departmen1 to select, by motion, an arbitrator in the matter of the En1Jewood Employees Auociation impasse. By way of background, the ncgotiatioM between the City and EEA reached impasse on July 1 • and the appoinunena of the arbitrator is requested this evening. We have previously distribulcd copies of the resumes. of three arbitrators, for Council's re view. Counci l Member Bradshaw said have we used some of these folks before? City Attorney Brouman said yes . On a grievance you have used Mr. Aise nberg and Mr. Difalco was a hearing officer on a recall issue . Council Member Hathaway ' recall hearing was done by Mr. Difalco. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED. TO APPOINT JOHN DIFALCO AS THE ARBITRATOR IN THE MATTER OF THE ENGLEWOOD EMft.OYEES A~IA TION IMPA~E. Mayor Garrett asked if there was any discussion . There was none . Vole results: M<>11o n carried. Aye : Nays : Council Member$ Barrentine. Moon:. Bradshaw. Garrett. Wolosyn, Tomuso None (iv) Director Eaton presented a ,-ndation from the Human~~ IO selttt. by motion. an arbitrator in the mancr of the £.nalcwood Police Benefit Asaocialioa 1mpuac. TIie Ci1y and •• t .. • • • Englewood City CouncU July 12, 2004 Page 11 (J. EPBA reached impasse on July I" and we have previously distributed copies of the resumes, of three arbitrators, for Council's review. Council Member Bradshaw said I have the same question again. City Attorney Brotzman said I don't believe we have used any of these arbitrators . Director Eaton said I think we have used Harvey Nathan in the past. Mr . Brotzman said yes, I'm sorry, and we used Mr . DiFalco for the recall. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT JAMES BAILEY AS THE ARBITRATOR IN THE MATTER OF THE ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Mayor Garrett asked if there was any discussion . There was none . Vote ..-alts: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso Nays : None Motion carried. Council Member Bradshaw said, for the record, I would like to add that each of these will probably cost the City $15,000.00. 12 . General Discussion (a) Mayor's Choice Mayor Garrett said we will have the off-leash dog park discussion at the end, if that is okay with everyone . (b) Council Members' Choice (i) Council Member Barrentine: I. She said I wanted to say thank you to Dorothy Maninez who served 10 ycan on the Englewood Liquor Licensing Authority . We had a nice going away for her at last week's meeting . I appreciate her service to the City and I am sorry that she has moved elsewhere. 2. She said I would like to say that I really appreciate the work they did on the kid's Fishing Derby . They had a lot of fun . (ii) Council Member Moore said I would like to have Council consider Council Bill No . 39, · amending Section VU, Subsection A of the Rules of Order and Procedure for the Englewood City Council pertaining to Public Comment . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 39. COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER MOORE ~ A BILL FOR AN ORDINANCE AMENDING THE RULES OF ORDER AND PRcx:EDURE FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION VII , COUNCIL PRcx:EDURE , SUBSECTION A. ORDER OF BUSINESS PERTAINING TO PUBLIC COMMENT. Mayor Garrell said we arc taking away the concept of visitors and makina it Public Comment and limitina unscheduled public comment time 10 45 minutes and if limited, continuan1 it to General Diacuaaion. We didn 't realm: at the time that that is pan of our Rules of Order and Procedure . so we haft 10 pau an ordi-10 a.kc the change . • • • Englewood City Council July 12, 2004 Page12 Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion carried. Ayes : Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None [Clerk's note: This was item 12 (b) (i) on the Agenda .] (iii) Council Member Bradshaw said Pira e's Cove, if you haven't realized, is taking off. They arc way ahead of projections and they have had to hire staff. Credit to the Parks and Rec Department, particularly Brad Anderson on keeping that staff fresh and on top of things, because he has had a heck of a job. It has far exceeded their expectations and the hot weather is just coming on . So look out. It has been a huge success. I just wanted to give kudos to the staff, for all that work. (iv) Council Member Tomasso said I would like to thank Nancy Peterson for her evening out for the volunteers who helped with the 4• of July. It was a successful event and the volunteers were very happy. (v) Council Member Wolosyn said I would like to have Council consider this resolution supporting the FasTracks initiative. I think it would be great if the rest of the community could enjoy the benefits that those of us on the corridor that is now open, enjoy . I think it will raise the quality of life in the metro area greatly. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 79, SERIES OF 2004. RESOLUTION NO. 79 SERIES OF 2004 A RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION DISTRICT'S (RTD) FASTRACKS PLAN AND BALLOT PROPOSAL . Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion carried . Ayes : Nays: Council Members Moore, Bradshaw, Garrett, Wolosyn, Tomasso Council Member Barrentine [Clerk 's note : This was item 12 (b)(ii) on the Agenda .] ••••• Mayor Garrett said lets talk a little bit before wc move on . The last time we spoke we thought that maybe Belleview was not a good alternative for an off-leash park . There were two others that were part of the committee's recommendation ... Cushing and Centennial. We were talking about Cushing when wc took our break. Council Member Bradshaw said Cushing is, exactly as Mr. Hanna said earlier. just a problem waiting to happen if we would decide to put the off-leash park there . And. Council Member Tomasso said , it is a park that serves the Bishop School area. After that you have to cross Broadway to get to another park and it is the only park on that side of Broadway, in the nonh section . It is used quite hea vily by pi ck-up soccer game s and volleyball games on SatW"day . And the area they are talkina aboul usina . fo r the dog park . is an area that is used for soccer practice, volleyball and baseball , basically . So it is a heavily used area . It is reall y Oat. Unhke some soccer fields that you play on that are on a hillside and they never aot a padcr ~~to ~~ - t . ... .. • • Englewood City Council July 12, 2004 Page 13 Mayor Garrett said are there any other comments about Cushing? ••• • 0 Council Member Wolosyn said I, basically, also think it is not an ideal spot. Council Member Barrentine said I agree with the Task Force. I don't think that Cushing should be used. Mayor Garrett said now we are down to Centennial. The way we are looking at this is we are looking at it piecemeal, in the sense that we are seeing if there is a location in Englewood that will work and the funding mechanism stuff will always be a separate issue. Council Member Bradshaw said I know there are some logistic problems, but I really concur with the majority of the folks on the Task Force and I think that Centennial is the better place. Council Member Wolosyn said I like the comments that it will have to have some enhancements ... we may have to do some things to make people want to go there. I don't know what that would be, but it is a new place and all the other ones are sort of in line for everyone's everyday activities . I also think Centennial is a good spot. .. for six square miles in a City like this, this is good . But I also think we should look into maybe just bumping it up a little and maybe that is not immediate, that is part of the long term plan. Council Member Bradshaw said what do you mean? Council Member Wolosyn said the quality of it. To make people want to take their dog there . Ms . Bradshaw said okay. Council Member Bradshaw said being Chair of the Park Foundation who built the trail, I am very concerned about the interplay of dogs and bikes. I do walk my dogs from my house over to Brent Mayne Field and back again. And it is ... it is like taking your life in your hands there . Bill Woodcock will Ix: coming to talk to us about the expansion of the bike path and that we will put a crusher fines path on the opposite banks of the South Platte Trail and that will be just a pedestrian path. That is probably where a lot of the open space money in Littleton will go, to help facilitate that. You know, ideally, I wish we had just five acres in our City that we could just say ... here. We don't have that, we are landlocked and so I do think it is the best site. Council Member Tomasso said I think like most projects, when Parks and Rec gets a hold of it, it will be an award winning dog park by the time they finish. So, Mayor Garrett said, we have a consensus that it should be the north side of CentcMial. Council Member Bradshaw said 1 would like staff to look at some hard figures on that. Mayor Garrett said I think one of the things that was very nice, was the presentation we had about the non-profit being formed. We had asked if they were going to step up to the plate. And the answer is yes, I think they are . Looking at fund raisers, trying to get some hard numbers on what it really would cost to put something in, is good. Maybe, Dave. if I misspeak, you can correct me, but when we put in the Brent Mayne Field, we put in the ability to light those fields . Manager Lee said that is correct. So, Council Member Bradshaw said, the conduits are there. Mayor Garrett said everything is there to put lighting in those fields at some point, once we get funding, decide the activity and go to some night games. So that is not starti ng from scratch . The concept, when we built it, was that it was cheaper to put everything in place , if I remember correctly . So it is there and it is part of the things we should be thinking about . Council Member Brad shaw said the o th er thing is .. .I have a question and I'm sure the Hanna's can probably answer it . 1 know we aren't supposed to do that. but !just wanted to compliment whoever cleaned up the Baha 'i Peace Garden . 1 don't know who did that. Manager Lee indicated, from the audience, that it was City staff that had cleaned it up . Ms. Bradshaw said o h , it was yo u. Dave thank you, it looks so much better. Mayor Garren said 1 didn 't know it wa s the re until now . Council Member Bradshaw said we both noticed it at about the same ttme. Thank you so much for doing that. ' ,, ,• • • Englewood City Council July 12, 2004 Page 14 CJ Council Member Tomasso said on a similar issue, I would like to sec us increase the watering for the parks. At this point, with the heat increasing, people's lawns need so much watcr ... but if you arc looking Ill a park, it has so much more traffic on it and wear and tear, that to maintain it, I think we probably need to increase the watering. Mayor Garrett said I think we probably did increase by a day, when Denver changed to three days. Manager Lee said wc have increased it from two to three days. But certainly if you want us to water more, wc arc willing to do that. Council Member Bradshaw said I think particularly the off-leash areas. I'd say Jason might need an extra day. don't know. Council Member Tomasso said in Jason Park there is a lot of wear and tear around the picnic areas, the play areas and the increased watering would help the grass there. Council Member Bradshaw said use your judgment Dave. Council Member Wolosyn said exactly. Council Member Barrentine said I would like a clarification ... that if we agree that we arc choosing Centennial Park as the area that we think would be okay for a dog park, that we arc not committing ... that wc arc financially putting anything out there at this time. Mayor Garrett said I think that has to be a part of the budget conversations. Council Member Barrentine said all right. I just want that understood, that while wc may agree that that is a site that we can all agree on, at this time ... at least it is my understanding ... that there is no commitment for any financing to that project. Mayor Garrett said I think that is one reason Council Member Bradshaw asked for hard numbers, so wc can sec what the hard numbers arc and wc can talk about it. Council Member Barrentine said wc have people from the Rec Department coming up with things and what they would put in it and some budget things and I don't want any misunderstandings. At least in my mind, I have, in no way, committed a penny of City money to this dog park, at this time. Council Member Bradshaw said I don't think any ofus have. Council Member BaiTcntine said okay. Council Member Bradshaw said the other thing is when we had the meeting with all the people, when wc had.the forums in October about the dog parks, there were some good ideas. Mr. Hanna talked to me about that. I think it is really imponant, as well as getting the hard figures, that they check the rcsourccs in the off-leash organization and sec what is out there. Because I heard people who had fencing they would donate, I heard people would donate many different things. If Englewood Unleashed can help with that that would be great, but I think we have to have hard figures and targets to look at, and David that is your area of cxpenise. It is nice to sec a compromise, it is nice to sec people working together and it is "we" and "us" and not "you." I really appreciate that. 13 . City Manqer's Report {a) City Manager Sears said I just wanted to remind Council that again next Monday night is a regular meeting, our second of the month . (b) City Manager Scars said I just wanted to note that we arc staning the budget process . We will start ha ving staff level meetings this week. We won't have a proposed budget for next year until the end of August, after we have reviewed the various proposals from the different departments. But wc will take into consideration the information that Council has given to us . Tonight was some direction. Again, unless Council wants to do something different, that wi ll probably be a part of our recommendation to Council, in terms of dog parks . The proposed budget will be delivered to the Council by the end of August, per Statute. . ... . .. • • Englewood City Council July 12, 2004 Page 15 (J Council Member Bradshaw said when we arc doing the budget, I thinlc we also need to look at whether we arc even going to talk about licensing or permits and things like that. I think lhat needs to be part of that discussion on revenues that we anticipate and it let's this organization know exactly what's going on. City Manager Scars said wc can do that. City Manager Sears said, over the last month, month and a half, the staff has prepared their budgets. I will n:vicw the proposals and then we can put together a comprehensive budget. We will take into consideration both the revenue side and the expenditure side, but we won't be bringing that back lo Council until the end of August. Council Member Bradshaw said okay. • •••• Mayor Garrett said, as just a quick side note, Gary, Dan and I usually meet on Wednesday mornings. This week we will be meeting on Thursday morning. Then: is an important Chamber Golf Tournament that the three of us will be attending Wednesday morning. • •••• Mayor Garrett said then: has been some discussion that maybe, when wc interview Council applicants in a couple of weeks, then: should be at least some standard questions ... that all the candidates would answer. I would like to collect some of those, so if anyone ha~ any suggestions please call or e-mail me and I will put together something we can take a look at next Monday night. So, Council Member Bradshaw said, you would like it befon: the packet goes out on Thursday. Mayor Garrett said I thinlc we can pn:scnt it that night and I will just do it over the weekend. 14. City Attorney's Report (a) City Attorney Brotzman said wc have a proposed settlement with South Santa Fe Partncrs, LLC. This was the road and gate that went to the police impound lot. At some point. that gate wu :M:tually locked and the entrance was used the other way. However, it probably can be used as an alternate or an emergency route onto Santa Fe for the Bi-City construction that we discussed earlier. So we arc proposing two Quit Claim Deeds to settle thc title matter for this property. Mayor Garrett asked if there were any questions for City Attorney Brotzman. There were none. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 14 (a)-THE RIGHT-OF-WAY SETTLEMENT WITH SOUTH SANTA FE PARTNERS, LLC. Mayor Garrett asked if there wen: any comments. Then: wen: none. Vote results: Ayes: Nays: Motion carried . Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Tomasso None t . .. .. • • 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 12, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7:~ ~ Invocation. ~ Pledge of Allegiance.~ Roll Call. (it/ V~ Minutes. 0 0 ltf,I. /,-{)1 · Minutes from the Regular City Council meeting of June 21, 2004.~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) a. Mary White, President and Chief Executive Officer of Swedish Medical Center, will address City Council regarding Swedish Medical Center's upcomin~ centennial celebration. ~/,-() /JRJl)</JIAI() A40IJUJ ~~~A-Ir.Ms JJg,,·'fHt:,1161/ ~I-F~WHJJ. . 7. !sc,eduled Visitors . (P lease l[mit_ ')lour. pr!!Septation to five minute · I . flPt lt:A-1.iU.. d • 71tt! ~ IIMI II A )ML, !J ~ /rl,f>(Jr H om ~~ti~llamations, and Appointments. , ~ ~Af4 ~ (,-() a. A letter from Debi Medlock indicating her r ignation from the Englewood Housing Authority~ .AJkJ lt-0 ,1.A/JSJ/AV AtD()E.I) ,oH~Ot/J. ~ ~~vf}/llJlltr,lf ,.,... "r~b. A resolution appointing John Brick to the Keep En wood Beautiful Commission . ~-A resolution appointing John Brick to the Englewood Liquor Licensing Authority. d. A resolution recommending the appointment of Charles Carter to the Englewood Housing ~ Authority. Plea e note: If you have a disabtl1ty and need auxiliary aids or services, please notify lhe City of Englewood (303· 762 -2 405) at lea I 48 hours m advance of when Sfflllces are needed. Thank you . ' -~ .. t • • Englewood City Council Agenda July 12 , 2004 Page 2 ~ / e. A resolution reappointing Kate Dulaney to the Englewood Cultural Arts Commission. f. ~~).._ ~#-~5g. /ju-11-t,t/-h. i. /2.ueh{' ~~,i - k. ~!,'/ I. ~J?f' m. /?b-8~1 J0,u11'l;· 0. /?,tu~'ll /2ko,/ft/ l.. p . RJ4oM.3q . ~?/' l.?JA~'15" s. /?JM#'lj? t. A resolution reappointing Daryl Estes to the Englewood Code Enforcement Advisory Committee. A resolution appointing Barbara Fout as an Alternate Member on the Englewood Board of Adjustment and Appeals. A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority. A resolution appointing Dooley Gehr to the Englewood Code Enforcement Advisory Committee. A resolution reappointing Chuck' Grimes to the Englewood Parade Committee. A resolution appointing Paul Hendricks as an Alternate Member on the Englewood Code Enforcement Advisory Committee. A resolution reappointing Chris Hoagland to the Englewood Code Enforcement Advisory Committee. A resolution appointing Cornelia Humphreys to the Keep Englewood Beautiful Commission. A resolution appointing Amy Laugesen to the Englewood Cultural Arts Commission. A resolution appointing Rebecca Laughlin to the Englewood Parks and Recreation Commission. A resolution appointing Julie L?nborg to the Alliance for Commerce in Englewood. A resolution reappointing Nick Panetta to the Alliance for Commerce in Englewood. A resolution appointing q,nthia Payne to the Englewood Code Enforcement Advisory Committee. A resolution appointing Ted Vasilas to the Alliance for Commerce in Englewood. ' A resolution reappointing Robyn Williams to the Englewood Liquor Licensing Authority. 9. Publi c Hearing. (No Public Hearing Scheduled) fY 10. Consent Agenda. a. Approval of Ordinances on First Reading. Jr Plea e no te: If you have a disability and need auxiliary aids or services, please notify the City ol Englewood (303 -762-2 405 ) al leas t 48 hours in advance of when services are needed . Thank t • • J • En glewood City Council Agenda July 12 , 2004 Page 3 b. C. Approval of Ordinances on Second Reading. R~ons and Motions. ~ 11 . Regular Ag~nda. ' a. Approval of Ordinances on First Reading. b . c. i. Council Bill No. 37 -Recommendation from the Finance and Administrative "Services Department to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Arapahoe County Commissioners concerning "Open Space" tax shareback funds. STAFF SOURCE: frank Gryglewicz, Director of finance and Administrative Services. ~ Approff Ordinances on Second Reading. Resolutions and Motions. /}, _ • JJ. '7 '7 i. Recommendation from the Department of Safety Services to adopt a resolution ~~:;~~1%'~'"".;''TF.'""""""" ii. Recommendation from the Human Resources 't:rtment to adopt a resolution /},, , 11 JJ. '7 f approving a Collective Bargaining Contract with the Englewood Firefighters /(Jl#(J_,,,r Association for the yeA~ 2Dp5-]006 . STAFF SOURCE: Sue Eaton, Director of ()pf-d ~ -{) Human Resources. /6~ · ~HU /J1f4LAO Al/!at[:J_ 6-0 ii i. Recommendation from the Human Resources Department to select, by motion, an arbitrator in the matter of the Englewood Employees Association impasse. STAFF SOURCE: Sue Eaton, Director of Human Resoun:es. fnwu- Recommendation from the Human Resources Department to select, by motion, an arbitrator in the matter of the Englewood Police Benefit Association impasse. STAFF SOURCE : S.ue Eaton, Director of Human Resources. UJ~ 12. General Discussion . a. Mayor's Choice. b. Council M embers ' Choice. i. CQuncjl Bill No. 391 amending Section VII, Subsection A of the Rules of Order and Proce du re i'or th e Englewood City Council pertaining to Public Comment ~ ~:).:.. :i, ii. Reso lution in support of th e Fas Trac ks initiati ve. ~ ,~~-6 -/ { AJA,,j :~r/J.}L Please note : If you hJve a dismililY and need au>cil~ry aids or seivlces, p!Rse notify the City of Enat-ood (303-762 -2405) at least 48 hours in advance of when services are needed . Thank ,• t .. Englewood City Council Agend a Jul y 1 2 , 2004 Page 4 13. City Manager's Report. 14 . City Attorney 's Report. ~/,-Oa. Right-of-Way Settlement with South Santa Fe Partners, LLC. ~ Adjournment.$: 2') ~ The following minutes were transmitted to City Coun ci l between June 18 and July 8, 2004: Keep Englewood Beautiful meeting of May 11, 2qo4 • Off-leash Task Force meeting of May 25, 2004 ciJun • Englewood Liquor Licensing Authority meeting ~e 16, 2004 «. • • l't ease no te: If you have a disability and need auxiliary aids Of services, please notify the City of Enalewood • (303-762-2 40 5) al leas t 48 hours in iidvance of when services are needed . Thank ·• • •• ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Session June 21, 2004 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:34 p.m. 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge or AUeaiance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoU Call Present: Absent : A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn Council Member Yurchick City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Director Gryglcwicz , Finance and Administrative Services Director Simpson, Community Development Planner Fruchtl, Community Development Senior Planner Graham, Community Development Director Black, Parks and Recreation Open Space Manager Lee, Parks and Recreation ••••• Mayor Garrett said I received a letter today from Council Member Yurchick which states "due to unfonunate ci rcumstances. I regretfully resign from City Council effective July 3, 2004 ." I would like to say that Mr . Yurchick was wanting to resign immediately. I had requested that he delay his resignation until July 3111 for the following reason ... and we may or may not be tailing about thi s in more detail a little bit later ... but under the Englewood , Charter we have only thiny days from the effective date of the resignation in order to appoint a new member . Given that , we want to make sure that we do this in a thoughtful and ti.rnely process and set that in place before we start the thiny day clock . Thi s wi ll give us until August 2,.. to make that appointment. Mayor Garrett submitted the letter of resi gnation to the City C lerk . 5. Minutes (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APl'llOVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 7 , .._ Ma yor Garren kcd ,f there were any comments. questions or additions . There were none . Vote results: ' .. .. • • - Englewood City Council June 21, 2004 Pagel Ayes: Nays: Absent: Motion carried. 6. Scheduled Visitors ·• • • Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None Council Member Yurchick (a) Don Seymour was recognized by City Council for his years of service of the Englewood Board of Adjustment and Appeals. Mayor Garrett said Mr. Seymour has been in this community a long time and has served on the Englewood Board of Adjustments and Appeals for an unprecedented 29 years. He was Chair for two of those years. One of the things he is known for is that he showed up for almost all those meetings. Out of all those years, there were only two meetings that anyone can remember that he missed. One was when he was in Japan and another when he was in Russia attending his son's wedding. There are many other things that this individual has done for this community. He has been a volunteer firefighter, served on the Englewood Historical Society and he has also been a Boy Scout leader. We want to thank him for his volunteer service on the Board of Adjustment and Appeals and for his contributions to the community of Englewood. he said Mayor Garrett presented Mr. Seymour with a plaque. This is in appreciation of your commitment and dedication to the community as a member of the Board of Adjustments and Appeals from February I, 1975 to February 1, 2004, he said. He thanked Mr. Seymour on behalf of the Englewood City Council. There was applause . ••••• Mayor Garrett said for those of you who were not in the Study Session, the City Council decided to defer any action on dog or off-leash park issues this evening and wait until we receive the report from the Task Force, which will meet on June 29th. The expectation is that that report will be in our packets on July 8111 , made publicly available in the City Library and the City Managers office on July 9,. and we will then review that report in a Study Session on July 12 .. , as well as look at alternatives regarding the off-leash program. So, whether you still would like to comment or not is up to you, but I would like to just say that you may want to consider holding whatever comments you may or may not have, depending upon what that report says and our discussions on July 12"'. So, I will now call your names and if you care to speak, please do. If you care to decline. please do and wc will see you next time . (b) Susan Pacek, 4249 South Lincoln, said if you will bear with me, I have a short power point presentation. She said I am here to provide some ideas and some solutions for off-leash dog privileges, to develop a win/win situation. Just to give you a little bit of background about me. I am the Comprehensive Planning Manager for the Town of Parker and have been the Planning Director for Clear Creek County. I have about 15 years of planning experience behind me. Monday nights are usually my nights with my Council, but I had tonight off, so I was able to come and present thi s . Just a short background ... about two and a half years ago you instituted a leash law and you identified five parks to accommodate off-leash privileges for a one year pilot program. The program was received very well and it was made permanent. On the 15111 of September of 2003. Council Member Garrett stated that the off-leash dog park policy was actually converted from a pilot program to a permanent program. A Task Force was initiated at the end of last year. The charge was to identify a formal dog park and on January 27* of this ycur they had their initial meeting. They have been working toward a solution for the last six months and , as you said Mayor. they are expected to have a formal recommendation at their next meeting on the 29•. On the 14• of April a petition was s ubmilled to the Parks and Recreation Commission. The petition requested that Jason Park be removed from the no-leash law and that petition did state reasons for the request . Fifteen individuals signed that petition however. only nine households were represented . Of the nine. only four of the twenty-four households who directly bound Jason Park s igned the petition. On the 6"' and 10• of June a few of us conducted a door-to-door survey to understand what the issues were of the adjacent property owners, so wc can better provide you with a rec0mmenda1ion . Sixteen o ut of the twenty -four households who directl y bound the park were in support of mai ntaining off-leash activities at the Park . And two that were initially against those dog activities wd that they would change their position if specific restrictions were implemented. Herc is a map of Jason Puk and Ilic urrounding ho useholds and you can see the pro-dog households . And again. sixteen of the twenty-four households arc in favor of maintaining the off-leash privileges, and two of the households who initially opposed were willing to ' ., .. • • - Englewood City Council June 21, 2004 Page3 ·• • • support with the restrictions. I have a few questions that arc kind of rhetoric and I don't expect an answer. The first one is ... why would Council entertain closing Jason Park when the majority of the households who arc directly impacted by the activities in the park arc actually in support for maintaining off-leash privileges? And the second one is ... why would Council entertain the extreme step of closing all of the off-leash dog parks when concern was expressed over only one of them? As a planner I really try to reach creative planning solutions to all kinds of issues and especially when they are as controversial as this. So how do wc get there from here? We look at compromises. We look at preserving parks for all the public. We look to develop a win/win solution. We look to co-habitat uses that work together. We work toward positive outcomes, not negative and ultimately wc work together. In reviewing some of the minutes from the last couple of years of Council's sessions, 1 found that Council also supported a lot of these ideas and philosophies. I think we can't do a win/lose. I think we have to do a win/win in ou:r community. I think a compromise can be reached, that is why I think wc all need to work together. I do like the prospect of compromise. And, I still think that people need to learn to co-habitat peacefully. I think that it is important for us to preserve public parks for all of the public, not just people with children, not just people with dogs and that we have to learn to work together on this. I hope that both entities can come together and work toward a positive outcome. Just as a side note, I must admit that people who use dog parks really clean it up and Gomes told me that they went to an off-leash park and found five deposits and when they went to a leashed park they found forty-five. So, how many people really do care about this dog park issue? The Denver Post, on May 20* of this year, actually identified that in Jefferson County 45.9 percent of the people owned dogs ... Adams County 45 percent ... Boulder 40.6 percent ... Douglas County 38 .5 percent and the City and County of Denver 31.8 percent. And where do wc fall in that here in Englewood? Arapahoe County is at 52.8 percent. I have some recommendations for Council I think arc trying to achieve this win/win situation. Allow the Task Force to continue with their efforts and formalize their recommendation to identify a park dedicated to off-leash dog activities. Maintain Jason Park as a multi-use park that includes off-leash dog privileges and instilute specific restrictions that address the concerns of those who directly bound the park. Address any issues that are brought forth on the other three off-leash dog parks on a casc- by-casc basis and develop a park-specific plan, if necessary. Then institute an Englewood dog license to help off-set the applicable costs associated with any of those park specific plans. And lastly, institute a Dog Park Association or a non-profit 501(C)(3) that would be staffed by volunteers to the community that could help you address some of these issues. I would like to close with a quote ... "I believe there is a solution for co-habitation. I would like to see people move towards that." I would just like to say that as a planner, I would be happy to voluntccr my time and help the Task Force any way I could to reach those solutions, bcausc I think there arc positive and win.'win solutions out there. Thank you for taking the time and listening to my comments. There was applause. Mayor Garrett said one of the things I failed to mention was that as you ask rhetorical questions, generally wc do not get into question answering and sometimes that is misinterpreted during this particular time. Sometimes Council members will offer comments during Council Members Choice. So, for those who want to stick around and see if we have any answers to rhetorical questions or otherwise, you can do that. (c) Greg Kainer. 4443 South Acoma Street, said I am a new resident of the area and I'm also a new business person here in Englewood. I chose to move to this area from Anchorage, Alaska after fou:r vacations here in Colorado. One of the deciding factors of relocating 10 Englewood was a dog park. I have a show dog and I exercise my dog 4. 5, 6 days a week al Jason Park. It is a beautiful linle community thing. It is a wonderful socialization process. Some people go to bars, some people go to book clubs and some people go to dog parks . One of the things that I wanted to present to you folks tonight ... ) worked in Anchorage, Alaska for six months with 1 roo n -profit. We actually formed a 501(C)(3)-Anchorage Unleashed. We worked with the city as I panncr to get six dog parks dedicated. It was a process, so I empathize with you on your diligence, you:r perseverance, and your emotions . I know it is a process. One of the things that the 501(C)(3) did for the city is it relieved their coffers a lmle bit, because we were a formal group that had an accounting processes, so we actually took tax deductions from the co mmunity and wc got a lo t. We got fencing, we got labor, wc got donations in kind, and wc got cash. We "o rkcd with the city a lot . It can work. It is a process, but it can work. I think you will find that most of the people here tomght that are for the dog park issue. an: very dedicated people. They are probably more a c mmodaung ... what I found being m the Jason Park ... than the real world . For instance, wc work with all of the mulu -use in the park right now. When there arc softball games. when there are volleyball games, when there are p, nics ... we move to another area . We don't confront people and say this is OW" space. We are &lad to have this hnle pomon of the land m the communny where wc can exercise our animals and actually 50Cialize unona oursc lve . One of the things v.c found when "''C were ,n Anchorqc workina on the dog parlt issue, wu that the uc c of thc d og parks rehed a lot on I.hr nverucnce to the community . People weren't aoin& to drive all the ,,...y ... I ' • ' • • 0 Englewood City Council June 21, 2004 Page 4 ·• • • across town to a gravel pit. Most of the people walked to the parks from their house. Most of the people were there on a regular basis . They probably knew people belier in the dog parks, because they saw them every day, than some of their other neighbors . It is hard to explain if you haven 't been there with an animal, the socialization process that takes place, but I consider lots of these folks in the audience that I have seen at the park, my friends . We socialize and we ha e barbecues. One of the things that the dog park does for the community is it really makes neighbors of the p, r,ple . It really makes neighbors . You will find that people go out of their way, because they met someone at the dog park. It is just kind of a unique experience. I think that is what this community is all about. It is a nice, neighborly community. I like the size. I like to be able to get to know everybody. I think that the community would benefit greatly if they would consider maintaining some sort of dog park status convenient to the community. I think that they would benefit if they opened up the option of a 501(C)(3) where they would have a community partnership that would allow private donations . One of the things the 501(C)(3) did was we also worked with the city in requiring licensing for the animals within the city. And, that was a huge revenue generator. It did not create a drain on the city. Another thing that the dog parks did, and you are probably aware of this, was it reduced vandalism and graffiti and damage to all of the park facilities, because of just extreme use. I understand where the City has responsibilities for the grass and for all the other multi-users in the park, but I would like to think that there is a significant portion of the community with animals that really don't have another place to exercise their dogs, because of the lot limitation and if you arc a renter you don't even have a house of your own, you are in an apartment. The dog parks, where you arc able to take your dog off-leash and exercise a dog, goes a very long way. That is really all the comments I wanted to bring to you tonight. There was applause. (d) Tavis Hanna, 4420 South Elati Street, said I have been an Englewood resident for a little over a year and a half now. I just want to start off by saying thank you for the Study Session at the beginning. That left me with a feeling of hope, with a feeling of faith , with a feeling of genuine respect for what you people arc doing here . It is the first time that I have truly seen a reciprocation from the Council in terms of hearing the suggestions that have been brought to the table ... hearing our feelings on the issue. It is the first time I have seen a real proactive approach to this issue. at lw-ge. I have seen it from individuals on specific occasions, but as a whole from the entire Council. this is the first time I feel that this issue is moving forward toward a solution and not rearward toward an ultimatum. Definitely, I appreciate everything you folks have done up to this point. I prepared what I wanted to say tonight much more than previously. I have had to strike most of it out, considering the meeting before this. Just to start off, I would like to walk through and really address the key issue at this point regarding Jason Park's off-leash status, and that is the drought. It has been alleviated a linle bit by the rains the past few days, but that at best would only last a month>, so the long term solution is hard . But. to kind of back trace our steps, one of the most important things that I saw happening in this pattern, since the Bates Logan situation, was the issues that were brought up at that point were put into a situation of mediation . The suggestions that came out of that which were agreed to by both sides. I think were perfectly valid. And, the fact that they were agreed to by both sides, really speaks for itself. The fact that that park was closed so immediately and those suggestions just vanished ... really kind of made my heart si nk. The day that Bates Logan Park closed I went to Jason Park and for the first time in a year I had other dogs to play with. I had 30 dog s to play with . I went home to my wife that night and said. that's it, we're done, it is going to go too. And slowly the issues have started popping up an,J all those issues are symptoms of over pop ulatio n, symptoms of over use . It is-true with people . It is true with animals. You get too many in one confined spa ce and it doesn't go as s mooth as if you have fewer numbers. I reall y, honestly think that the Bates Logan issue is very specific. in the sense that it is so close to the Denver border. I wi sh Denver would figure out a way to put an off-leash facility on their so uth border. Harvard Gulch Park is gigantic . I can't see why they couldn't figure out how to put solTICth ing sma ll. even an enclosure in there and that would help to alleviate the strain on our northern bo rder. To be honest, mo st of the people who were corning to Jason Park for the past six months have been Denver vi itors . It has tapered off a bit . since they opened their parks . So the situation is getting bener. But again, I did feel that what happened with Bates Logan ... it was not as proactive a solution as a lot of us were looking for . And that is where I think, a lot of thi s has s tarted to become very emotional and very stressful for both sides of this issue . I definitel y think that what it essentially accomplished was shifting the symptoms of the problem ... not addressirig the problem but shifting the sy mpto ms of the problem, out of sight/out of mind until they popped up apin. It was esse nti a ll y like equating something to sweeping it under the rug . You can only do it so long until the lump getS bigger under the ru g. The drought . specifically . is a definite concern of mine and I dcfirutel y think that is one of the main areas that a lo t of us feel that we are most compelled to compromise on. because we understand thal we do have an impac t. We und ers tand that o ur dogs certainly are not always there all the time, but 1t is. as olbcr people have sai d , a random use . They are not all concentrated in one area . For example. if I go theR late in the cvcna ng. speci fi ca lly to avoid large numbers. we wi ll do a lap or two around the ~rirncter of the park and walk home . That ' ' ' • t • II I 111111 11 1\111 1 ·• • • • ' .. • • - CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. -.,: -... ,.,. .. .;4~ .~ . If ...... r.J,,,':>' I. . ' -- Englewood City Council June 21, 2004 PageS ·• • • way the use isn't fixated on one spot. The dogs can run around off-lcash .. .l can't run as fast as they can ... they can smell everything that they usually smell, cat the blades of grass that grow up along the edge of the fence where the mower can't get to, they even like some of the dogs who border the park ... they arc kind of visiting their friends . Then there are afternoons where there are a few people there. It is usually anywhere from 8 to 12 consistently and we tend to stay in a spot where we are off the soccer field, off the baseball field and away from the playground. Addressing that, I would have to say that, that one section is the only section that we could attribute any wear and tear on the grass and soil to the dogs. However, in having viewed the entire park, even sections of it that I don't normally go to ... the grass condition in all those parks is almost identical. I would also like to submit a video tape tonight. .. it is a tour of the greenbelt adjacent to my home, it goes to Rotolo Park and then we jumped over to Jason Park. Rotolo Park hardly gets any use and the greenbelt hardly gets any use at all. . .I mean even less than Rotolo Park and it is only Jason Park that gets it for dogs off-leash. There arc patches that look dry and damaged and those arc typically patches that don't get a lot of shade or arc not getting enough watering from the sprinklers. In some instances the sprinklers say here there is a big pine tree here and there is a shadow effect behind the pine tree where the water doesn't get to. So I would like to submit that. Please view it. It is about 45 minutes, but it is a great comparison of places that don't get any dog traffic, places that get medium people traffic and then Jason Park which gets a bit of both. You will also sec on the Jason Park side, sections of the park where literally no one goes, I've never seen people really hanging out or playing on the south border of the park. It is under a bunch of trees, so it gets good shade but the grass there is in the same condition as shortstop on the baseball field, the baselines on the baseball field, the wings going up and down the soccer field, the center of the soccer field, the sections where people set up for their volleyball stations and there arc some sections right between the parking lot where you walk right on to the playground that are really pretty badly dried up and it is just bare dirt. We also have some photographs here . Some arc of Rotolo Park, some of Jason Park and some of Bates Logan Park. You will sec that the grass, in these photographs .. .! would have to say .. .is better at Jason Park than at Bates Logan at this point, which has actually had less use, but maybe it doesn't get as much shade as Jason Park does. So I urge you to really view this and compare it also with the recommendation you get from Parks and Recreation. This is great information. It literally takes you there and puts you right at those parks so that you can do a side by side comparison and then keep in mind the usage. Moving on ... one question that I would like you guys to answer at the end ... do we water the parks, especially Jason Park, with gray water? I know somebody brought that up and it was kind of a suggestion or some kind of statement, but I would like to know. I guess I would have to move on to some solutions. You've heard tonight from a woman who does planning specifically as her job. You have heard from a gentleman who helped create an off-leash program where one did not exist prior. I had the opportunity to sit in on last Monday's Park and Recreation meeting. One of the gentlemen was giving a report on the water park and one thing I really liked hearing from him was everything is smooth, but we do have some small adaptations or small fixes that you have to make when you start a business. A few years ago, this was a pilot program and I think that the kind of attention to detail that it was given was great in the beginning, it kind of ran smooth for awhile and I just kind oi got the feeling like it became a non-issue, then Bates Logan exploded and it was a real pain in the butt. I can understand closing it. I think that was the right decision . I think that closing our other parks though, is a completely different beast. Some of the symptoms that we have had at Jason Park arc similar to Bates Logan, but many of them aren 't. I haven't had any problems with parents getting upset that the dogs are near their kids. In fact. parents usually bring their kids over to see the dogs. Although, I think the main issue for me, aside from the drought, is safety. I would definitely like to sec one large off-leash facility within Englewood, because we arc still going to have the people from Denver, we'3fc still goi ng to have the people from Littleton ... ) meet them almost every night. So, for them to go to one big facility where they can just really have a blast, that is great . Dogs need a place where they can just go crazy sometimes. But sometimes that doesn 't belong in our parks and that is one reason why I don 't really like it when people refer to Jason Park as the dog park. It is not. We have a privilege. It is a soccer park. It is a basketball park. It is a playground park. It is baseball. it is everything . It is not "the dog park." And that is where I think that an adaptation, a minor tweak on thi s operation, would best be done by following through with establishing one large off-leash park. But, to jump over to Dcn"er's concept. they felt that multiple locatiOIIS, which they researched per the demographic need, was a better sol ution than one off-leash park. because they felt that would overstress that fa cility and it would immediately doom it to fail. I would like to s ubmit this video . Thanks. There was applause. (c) Jane Coleman. 3901 South Galapago. said I have a letter that I have been asked to read. This letter is from Kermit and Virginia Fikan . 1176 West Princeton Place. Englewood, Colorado, and it is to the Enalewood City Council. It is regarding off-leash privileges in Englewood parks. "My wife and I bou&ht this property in September of 1959 and we were one of the first people in the dcveloprne111 and we are the oripnal owners at 1176 West Princeton Place. We own and pa y property taxes on four properties in Enalewood. The ho111e that we have ' ·.., ,• ... I • I • • Englewood City CouncU June 21, 2004 Page6 lived in since 1959 borders on Jason Park . In fact, we were here before Jason was a park. At that time it was a sheep pasture. My wife and I are for off-leash privileges at Jason . We have enjoyed seeing the different kinds of dogs and talking with the people as they come through the park. Our great-grandkids love it. The dogs have replaced the gccsc and the dogs don't do one-tenth of the damage that the geese ever did. We find that the owners of the dogs are diligent about cleaning up after their dogs. We are in favor of keeping the parks open to off-leash privileges. As long time Englewood residents :mu utXpaycrs, we hope the City Council will reconsider any ideas of taking the off-leash privileges away at Jason and the other off-leash parks in Englewood. We feel the off-leash privileges arc a good thing." It is signed Kermit Fikan and Virginia Fikan. They also asked me IO give you these pictures and would like you to look at them. She said I don 't know what I can say IOnight that hasn't already been said. We have explained to you the benefits of the off-leash privileges at Jason Park and the other Englewood Parks that arc off-leash. We have presented the residents' approval of the off-leash privilcgcs ... 92% of the residents that arc directly adjacent to Jason Park have resoundingly voiced and signed their approval of the off-leash privileges. They feel the greatest impact of the dogs and people visiting the park and still 92% support the off-leash privileges. We have shown you pictures of the turf at Jason and other off-leash parks, plus also offered a comparison to parks that arc not off-leash and Jason is in better shape, visibly, than the comparisons. We have shown pictures of huge flocks of geese enjoying the soccer field , prior to the off-leash privileges. Of course, as has been noted, no one owns the geese, so no one can be blamed, but the damage they can create is there just the same. We have related the wonderful experiences that arc available by walking your dog at Jason and other off-leash parks. Such as : friendships have been forged; people moving inlO the area because of off-leash privileges; young and old adults relishing the fresh air and sunshine that comes with exercising themselves and their dogs at the park ; a good mental and physical uplifting by just getting out of the house; socializing the dogs IO make better dog citizens; policing the parks, thereby making them safe for those using the parks, and surrounding areas, and for those that arc anti-off- leash, the willingness to work iogether with the City and cooperate in any way possible IO maintain and keep the parks clean and safe, following the restrictions that have been placed on the parks for the playground, children and ball fields, the large numbers ... 52% of the Arapahoe County families owning dogs . These arc all working iowuds the betterment for the City and citizens of Englewood. The television states that Colorado is approaching the end of the six-year drought. With the recent rains, and with the continued cooperation of people in the Englewood area. we will get through this, showing little or no damage to our lawns and the turf at the parks. With the Englewood parks watered with non-potable water, there is even less chance of water-shortage damage. The Parks arc there for everyone. Not to sit empty, day after day. That would be a use waste and waste of the taxpayer's money. We have offered solutions to the off-leash situation; and arc open to alternatives, such as restricted hours, regisuation, volunteer park associations, help in providing necessary facilities, etc. We have people here who arc willing IO abide by the rules ; to take care of the parks and prolect them; IO use them IO the full advantage that they were intended; to appreciate and work with City officials to protect the assets they have pledged IO maintain; IO provide willing hands to help with that protection; to work to a solution that will afford the majority of the people the satisfaction of their parks . At the last City Council meeting, I stated "compromise." The off-leash group5 have said repeatedly that they were willing to compromise. This is a quote "put a compromise on the table; and let's come to some sort of an agreement. Get a mediator if necessary. The Off-Leash Task Force was a start; and w~ need to contin ue with our efforts to use the parks system in its maximum ." Again I state, and I speak for both off-leash groups at Jason Parle, and I want to make this crystal clear ... we are willing to compromise. It is my belief that the City Council will look at the overall picture; that the Council will realize that the majority of Englewood citizens are wanting off-leash privileges and this majority will cooperate in every way possible to maintain and support them. Thank you very much. There was applause. 7. Unscheduled Visitors Mayor Garrett said we now move to unscheduled public comment. In keeping with a policy that we adopced, we arc going to have 45 minutes of unscheduled public comment. Once we get IO 45 minutcli we will stop, go IO the regular agenda of our meeting and then come back IO those who still have not had an opportunity IO speak. (a) Jill Wilson. 3061 South Grant, said I am on the Task Force as you probably know. I read this same letter in the fall, so I'm just going to re-read it and show that there was compromise then and thcR is willingness to compromise now . I would like to bring up two main issues : Solutions for the Parle and Expectations of the City Council. I want you to know that this is a program that works . The AKC has a web page tcllin1 people how to create an off-leash dog park. They support the concept. We have lddrcucd all the iuues and recommended the following compromises to make this a successful venture that can be enjoyed by every member oi the ' ,, • • Englewood City CouncU June 21, 2004 Page7 ·• • • CJ _ community. Park sites ... keeping the four ex.isling dog parks, plus the Task Force's choice. Fenced in areas would help contain the dogs . It also would allow a specific place where the community could meet. Scheduled times would also work, in the morning from 6:00 to 9:00 and in the evening, from 5:00 to 8:00, or any other times. In addition to these compromises, I would like to address some questions that have been raised over the last year regarding concerns about the dog park, such as health, safety, budget, educating dog owners, and City liability. Health ... right now there are waste pick up bags supplied by the community. Covered trash cans. Scheduling a monthly park clean up day for the dog park users. Safety ... Code Enforcement patrol.. .they are already doing an excellent job. Community monitoring, which is already done across the country at dog parks. When the parks have people in them, it is a good, inexpensive way to deter crime. Budget ... charging fees for residents and non-residents, similar to what Parks and Recreation does now . The dog park users could organize fund raisers. Donations. Another vital issue that must be handled is the education of dog owners: This can easily be addressed by passing out flyers throughout the community with pct owner information. Having dog trainers come to the park and give mini training sessions . City liability ... post a sign up with the rules . Owners are legally responsible for their dogs and any injuries caused by them . Puppies and dogs must be properly licensed, inoculated and healthy . Animals should wear a collar and ID tags at all times . Owners must clean up after their dogs. Dogs showing aggression towards people or other animals will be removed from the park . Animals who ex.hibit a history of aggressive behavior will not be permitted . Puppies using the park must be at least four months old . Owners should not leave their dogs unattended or allowed out of sight. If young children arc permitted in the dog park, they too should be under constant supervision. Dogs in heat will not be allowed inside the park. Owners must carry a leash at all times . Dogs should be leashed before entering and prior to leaving the park. Violators will be subject to removal from the park and suspension of park privileges. My expectations for the City Council are that they represent everyone . Dog parks are a great place for owners to meet other people with common interests. The love people share for their dogs reaches beyond economic and social barriers and helps to foster a sense of community. Dog owners de.ierve a part of the park pie with the other special use groups like baseball, soccer and basketball. On Englewood's web page there is an organizational chart and at the top are the citizens of Englewood . City Council positions are elected ... voted in to serve all the citizens. Thank you very much. There was applause. (b) Chris Earley, 4249 South Lincoln Street, said I am going to read a brief letter from Mr. Craig Miller, a professional horticulturist relating to turf use and damage that I think is pertinent to this whole issue . "Englewood City Council : I have a Bachelor of Science in Horticulture and Forestry and 35 years in the green industry . 1 am also a cenified arborist, and a member of the International Society of Arboriculture, Colorado Weed Management Association, Front Range Urban Forestry Council, Colorado Tree Coalition and I am a Colorado Department of Agriculture Certified Pesticide Applicator . In my 35 years in the business, typically whal I sec is more damage done to turf from the heavily programmed spons such as soccer, football and baseball, than I do from responsible dog usage . Feces and urine can cause damage to turf due to ex.ccssive nitrification . However, when responsible owners clean up after their pets, and with the typical frequency of irrigation that occurs in most park lands. dog spotting can be minimized . Furthermore , in my experience, dog spots are easier to repair than compacted so il and excessive wear that occur, for example , within the goal mouth of a soccer field . They are also typically less visib le . Repair of these areas often requires aeration. soil modification. over seeding, re-sodding and fertilization. as well as restricting the use to allow such areas to recover . Thank you, Craig R . Miller, Horticulturist" Mr . Earley said 1 will sub mit this for the record. There was applause . (c) Jay Schneiders , 2980 South Emerson Street , said I have been at this address for lbout four years . Thank you for the opponunity to make a few comments . People have eloquently given the recreational rationales better than 1 ever cou ld and. I think , very solidly. I would like to just make a reflection about a larger benefit to all of us in our community . that the meeting of dogs and people in parks has, apan from recreation . That has to do with a larger issue of publ ic welfare and public well being, I think ... public health even . You know dop were , initially, protectors and then they were servants. now for 52% of us they are also friends and kind of extended family . At one of your local hospital • where 1 practice . we have been makina use of the fact that the do&fpen;on i111enction is a renwbbly robust one . When it come to healina. you probably all know and I am not aoing to act into a lot of dclllil , about the way au1 1s1ic folks arc socialized with animal in particular ways . Nursing homes ... you will sec people who lircrally haven 't pokcn in years and when they are approached by a dog and have a chance to be uound a dog will come out of deprc tons and feeling . We have therapy dos that travel through Swedish and room after roo m people 1gn up for these dog . The medical literature tS bccomina fairly resilient and robust about this, that the seem to promote healma ... our immune system ruction seems to be improved . I think thole of us who live "tth dog know that . I think that the mix of dop and people m parks isn 't jUII aood for the dop. it is px>d for us . I t .. , .. • • -- 0 ·• • • J\ t-~ Englewood City Council June 21, 2004 Page8 am not somebody who thinks that dogs and people arc the same. I was in Walgreens the other day , I had to pick up some medicine, you know the new HIPP A laws where you get these long forms you have to fill out every time you get a prescription and the pharmacist said that I was picking up medicine for Urna and that she would have to sign for it. I said she is out in the car, do you want me to get her and he said yes, you will need to get her to sign for it. I think that dogs and people arc different and there arc limits . There are real reasonable differences that we all can agree to maintain . But you know societies typically have been judged, by many thoughtful philosophers and sociologists, by how they treat other species. In many religious traditions protection for animals and socialization with animals has been a mark of humane culture. And, I think that from just those standpoints ... the public health , the public welfare, and the public well being, I think a lot of us as people could use more socialization. I wish we could come up with something as good as the dogs have for what they do at the parks ... the sniffing aside . I just make a small musing and note that I think there arc reasons beyond just the recreational ones , that this is a good thing for all of us. Thanks . There was applause . (d) Glenn Pennebaker, 4255 South Lincoln Street, said I have been a resident in Englewood for three years and I have been a dog owner for two and a half years. Unfortunately, I just found out about the dog park recently and less than a week ago I found out there is a possibility that we arc going to be losing this park . Not only is it good recreation for my dog, but I am a rather large person myself and walking my dog to the park and stuff has done me great wonders as well . I wanted to read an article published by the National Recreation and Park Association published by Maya Avrasin entitled "Cause for Paws : A Look at Pooch-Friendly Parks". In this article, the author states that "dog parks are increasingly seen not as luxuries, but necessities." The article goes on to further state "according to the dogpark.com website, which has a comprehensive list of dog parks nationwide, there arc almost 700 dog parks in the country ." Communities all over the front range have either implemented off-leash dog programs or arc looking to starting them. So why is the Englewood Council considering eliminating all of our off- leash privileges, based upon a petition signed by 9 households, instead of implementing restrictions to address the concerns raised? lsn 't working toward a win-win solution that accommodates all Englewood residents worth working toward? Thank you and I do have copies to submit . There was applause. (e) Kathleen Buckley, 4648 South Pearl Street, said I was here the other day and I don't want to reiterate any further . I just want to show my suppon and volunteer in anyway that I can if you arc willing to 1,;eep the parks open for us . Thanks . There was applause . (f) Noreen Bcgordis said I just kind of want to give a perspective as a senior citizen. I have lived in Englewood for about 25 years, first in Centennial Acres and now I live at 4500 South Delaware . I used to have a German shepherd. which I used to walk along lhe greenbelt. It was real great. because it was just a half a block away. but in the winter I fell three or four different times ... hun my hip. my knee. my um and was on crutches for a few weeks . When I lost my German shepherd two years ago I decided that. well I can 't walk a dog in the park any more, because in the winter my lungs get bad . Well . a friend of mine gave me this cute little Lhasa Apso named Sadie . I th ought well my yard should be fine, but she loves to run just as much as the big dogs do. She loves to go to Jason Park and chase the big dogs . And , especially for the senior citizens in the winter I can 't walk her alo ng the greenbelt . but boy she will jump in the car and I take her !O Jason Park and she can run through the snow and have a gay old time and I can enjoy watching her . I just don't want to lose the privilege . I think that the park should be used for those of us that live in Englewood and pay taxes in Englewood . Maybe have a license or charge . I think Denver and Littleton shou ld provide their own off-leas h. I think if we keep it just for those of us who live in Englewood, I think it would be great. I've got three grandkids and they just love to go to Jason Park and throw tennis balls for th e other dogs and chase the dogs and play with them and with my little dog especially. So many of the other kids that were there at the playground , they would come walking over and say "oh can I pet )'OW' dog" and the parents would say. "thi s is so neat that the kids can interact with the dog ." And. also, like I say , when they 've got ball games and thi s and that. I usually come early in the morning and in the evening and we just walk uound the perimeter and don 't bot her anybody . When there arc a lot of people there, I will walk her in the grc,cnbeh . But I think we should have the cha,1 ce to bring our grandkids and bring the dog and, for us that pay ta•cs. to have the use of Ja so n Park . Thank yo u. There was app lause . (g) Chuck Nour. 3904 South Pearl Street. said I am glad to see the s upport of the clop. but a lot of the things that arc being brought up , from everything that I have heard and from evcrytlun& thal I have read, the Council 1s not taking away the dog park . They arc looking at modifying it ... movin1 it, whatever . Al a coadl. I coach three different spon s in Englewood . I am also on the Englewood Soccer Association . Two weeks aao we had a cluuc for ' ! • • • -.... Englewood City Council June 21, 2004 Page9 ·• • the kids. We had five incidences with owners who could not control their animals. I had a Great Dane come up and take food off the table. We talked to the owner and she said I can't control him. We said you need to have him on a leash ... she turned around and walked away with her dog, as her dog sat there and ate the stuff that was on the table. We had three Colorado Rapids come out at that time, they set up a field. We had a dog who thought it would be fun to take every one of the cones as the kids were playing. At that same time, me and another little kid ... 13 ... were kicking a ball back and forth . An owner standing at about a distance from me to Council Member Bradshaw was watching his dog. 1 am kicking a ball and the dog comes from behind me and tries attacking the ball as I am on a kick. I take the dogs legs out. The owner then appropriately comes up to me and asks me what my name was and how I was going to pay if his dog was injured. I understand, I am a dog owner myself, so whatever comes out of my mouth, I think about the kids more than I think about anything. When you play with your dog, your dog gets used to what you do. If you throw a tennis ball, every ball looks like a tennis ball. I teU my dog to go get her toy she brings me back whatever ball she finds first ... baseball, tennis ball, soccer ball, basketball, it doesn't matter. The same thing happens when you have children playing. We have T-ball up there now. We've got soccer . Soccer games have been disrupted, because dogs have run on the field . Soccer games have been stopped, because dogs have run on the field during the game. As a coach, if I have your children and I said go do whatever and I didn't pay attention, what kind of coach would I be? What kind of person would you entrust your child with? I am up here for the children of the community. I hear 26 of the neighboring houses approve the dog park at Jason. That is 26 households. I am on a Soccer Board that has 300 children. That is 600 parents. That out numbers the 26. That docs not include the baseball people that use it. That docs not include the basketball people. Most of the time, every meeting I have been to I've heard, well the numbers have dwindled at Bates Logan and the numbers have dwindled at Jason Park. Some parents arc afraid to have their kids there. So if the dogs arc there, they go some place else. When it rains or when it snows as the Soccer Board wc call off every game. Question I have for the dog owners ... do you call every dog owner and say do not go on the field to stop it from being tom up? We pay for permits to be on those fields. I understand that it is a public park, the public gets it. But, on the flip side, wc have to abide by rules of the Parks and Recreation division for baseball or for any other organized sport. Do the dog owners follow the same policies? Thank you . (h) Patricia Pattison said I live at 2594 South Acoma, which makes me one block off of Englewood, an interloper into Jason Park. What I'm here to say is that I really understand what the gentleman was talking about who was up here before me. And, if there arc games going on in the park, I don't take my clogs in. I have sorne pretty severe disabilities, so I have a service dog and I can't walk my dogs on leash because ofthat ... the disabilities. So, it is just a wonderful thing to be able to go to Jason Park and let them run and play. I a!so have met a number of people there who I really enjoy talking to and that is good from that standpoint I do feel that maybe it is possible to not have the dogs there when the children arc there playing the games . Aren't the games scheduled? Wouldn't there be u way to know when the games arc going to be played and that kind of thing? But for someone like me, a park like Jason is really essential. Thank you very much. There was applause. 8 . Communications, Proclamations and Appointments (a) A procla mati o n d eclaring June as National Ho meownership Month was considered. COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAM ATION DECLARING JUNE AS NATIONAL HOMEOWNERSHIP MONTH. Mayor Garrett asked if the re was any d isc uss ion . There was none . Vote results: Ayes: Nays : Absent : Motion carried. 9 . Public Htarina Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Tomasso None Council Member Yurc hic k No public hearing was scheduled before Counci l. •· ' ... .. • • Englewood City Council June 21, 2004 Page 10 10. Consent Agenda (a) Approval of Ordinances on First Reading 0 rr1 ~~. There were no additional items submitted for approval on first reading. (Sec Agenda Item 11 -Regular Agenda.) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) AND 10 (c) (I), (II) and (W). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 33, SERIES OF 2004 (COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A TRANSPORTATION/UTILITY EASEMENT ALONG SOUTH ELATI STREET FROM THE REGIONAL TRANSPORTATION DISTRICT TO THE CITY OF ENGLEWOOD, COLORADO. (c) Resolutions and Motions (i) RESOLUTION NO. 53, SERIES OF 2004 A RESOLUTION AUTHORIZING THE ADOPTION OF THE COLORADO MUNICIPAL RECORDS RETENTION SCHEDULE BY THE CITY OF ENGLEWOOD, COLORADO . (ii) RESOLUTION NO. 54, SERIES OF 2004 A RESOLUTION IN WHICH THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO HEREBY CASTS ITS EMPLOYER'S VOTE IN FAVOR OF THE FIRE AND POLICE PENSION ASSOCIATION'S (F.P.P.A . 'S) PROPOSED AMENDMENTS NO. I, NO . 2 AND NO. 3. (iii) RESOLUTION NO . 55, SERIES OF 2004 A RESOLUTION AUTHORIZING THE APPROVAL OF DIRECT SUBGRANT AW ARDS FOR THE COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE ACCOUNT ABILITY INCENTIVE BLOCK GRANT PROGRAM . Vote resullS: Ayes : Nays : Absent: Motion carried . 11 . Regular Alfflda Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None Council Member Yurchick (a) Approval of Ordinances on First Reading (i ) Planner Fruchtl presented a recommendation from the Community Developmen1 Depanrncnt to adopt a bill for an ordinance approvina the Planned Unit Development for EnaJcwood Ellalcs . Slaff also I requesting that City Council schedule a Public Hearin& for July 19, 2004 to pther inpul on the ~ Planned Unit Development. At this time. if Council would like , 11aff is prepared to Jive• short overview of the proje I and answer any questions you may have . Mayor Gam:tt said t11a1 would be very helpful. lha4k you. Mr. Fruchll said the subject propcny 1s a vacan1 parcel of appmllimatcly 1.19 acres located aa 1296 West Quincy Avenue . h 1s approx1matel I 000 feet cast of the inienection of Quincy and Windermere . Acccu 10 the propolCld devel o pment will be through a private drive and thal will be West Quincy Circle and dull will be acceuod &om West Quincy Avenue . AdJacent propcnies to the north. cut and IOUlh are zoned R-1-C S1naJc-Family Unit ' .. • • Englewood City CouncU June 21, 2004 Page 11 ·• • • Residential District and contain single-family home,s. Adjacent properties to the west arc zoned 1-1 and arc used as automotive sales and engine repair. The Englewood Estates application proposes 7 single family lots ranging in size from 5,116 square feet to 6,750 square feeL The average lot size of the PUD is 5,784 square feet, which is comparable to the adjacent R-1-C zoning, which requires a minimum lot size of6,000 square feet. The proposed height of the principal structures is 32 feet , which is the same as the height mandated in the Unified Development Code. which was recently adopted . Setbacks for this development arc established through a development envelope and arc specific to each lot and that development envelope is shown on the PUD District Plan. Please note that although the development envelope is the area in which development may occur, any provisions within the PUD District Plan Development Standards preclude the development envelope from being fully developed. Additional provisions to the development envelope require that garage doors be set back a minimum 24 feet from West Quincy Circle to provide additional parking within there . Any type of landscaping associated with the project is compatible with Section 16-6-7 : Landscaping and Screening of the Unified Development Code. If there arc any questions from City Council at this time , I would be more than happy to answer them. Mayor Garrett said arc there any questions from Council. Council Member Bradshaw said I just have a brief comment. This property has been sitting there for years and at one time in the so·s we had a proposal come through . This really is a good looking proposal. Mayor Garrett asked if there were any questions or comments from Council. Mayor Garrett said I have a couple. The first one is the 6 foot height requirement that the developers arc going to put around the perimeter of the property. My concern is on the Quincy Avenue side. Because a lot of the properties along there, that actually face other streets, their side yard is facing Quincy. The 6 foot fence they may use as a privacy fence for the back yard, but the front yard piece is either no fence or low fence . I was wondering, if you start running a barrier along Quincy ... a 6 foot fence completely blocking off ... if that was considered when you all were looking at the design? Mr. Fruchtl said yes, that actually was considered and that was also brought up before the Planning Commission . With that. one of the recommendations from the Planning Commission to City Council was that the fence along West Quincy Avenue cannot be constrUCtcd within 20 feet of the intcnection of West Quincy Circle and the front propcny line on the East side . Mayor Garrett said that was to address that condition? Mr . Fruchtl said yes and also. within the UDC and also within the previous zone district. those arc the side yards for that lot . If an applicant were to come in for a fence permit. they would be allowed to construct a 6 foot fence 5 feet off of their propeny hnc . That would be considered their side yard set back. Mayor Garrett said the second issue is the off street parking . I know you have four spots per lot . Mr. Fruchtl said yes . Mr. Garrett said there is only four other spaces for the entire development. Mr. Fruchtl said yes . Mr. Garrett said lets think of something crazy. like maybe the Broncos make the Super Bowl. What happens when they have a Super Bowl pany. where are those people supposed to park ? Mr . Fruchtl said that also was addressed not only with the Planning Commi ssion, but also during the development stages of this propeny. I believe the applicant would most like I y be the best person to address that . Staff believes the parking provided is adequate, but also believes that seve n people potentially aren 't goi ng to be having seven individual functions held one evening. Additionally there is the ability to park along West Quincy Avenue as that is a public street. Mayor Gurctt said will this be a public streel. .. the Circle? Mr . Fruchtl sai d . The circle will not be a public street. It is going to be a private street that will be maintained through a homeowners association. Mayor Gurett said who will be enforcing the no parking? Mr . Fruchtl said that is a very good question and I will be addressing that with the applicant. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (1). COUNCIL BILL NO. 33 AND TO SET A PUBLIC HEARING FOR JULY 19, 281M. COU C IL BILL NO . 33. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING THE ENGLEWOOD EST ATES PLANNED UNIT DEVELOPMENT (PUD) AT 1296 WEST QUINCY AVENUE IN THE CITY OF ENGLEWOOD. COLORADO. 1ayo r Garren asked if there were any comments or discu ion . There was none . ' ... .. • • 0 Englewood City Council June 21, 2004 Page 12 Vote results: Motion carried . (b) Ayes : Nays : Absent: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Tomasso None Council Member Yurchick Approval of Ordinances on Second Reading (i) Council Bill No. 26, authorizing an Intergovernmental Agreement with the City of Littleton for the purchase of the "Hcrbcrtson" propcny for the Littleton/Englewood Was1ewater Treatment Plant was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (b) (I). ORDINANCE NO. 30, SERIBS OF 2004. ORDINANCE NO . 30, SERIES OF 2004 (COUNCil. BILL NO. 26, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LfITLETON, COLORADO AND THE CITY OF ENGLEWOOD PERTAINING TO THE "SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD, COLORADO, FOR JOINT WASTEWATER TREATMENT FACILITIES." Mayor Garrett asked if there was any discussion or comments . There was none. Vote results: Motion carried . Ayes: Nays: Absent: Council Members ~arrcntine, MOOR, Bradlhaw, Garrett, Wololyn. Tomauo None Council Member Yurchick (ii) Council Bill No . 29, submitting to a vote of the rcai*ml electon of the City of Englewood a proposed amendment to Article I, Section 12. of the Englewood Home Ruic Charter perlliaina to Elections was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM II (b) (U) • ORDINANCE NO. 34, SERIES OF 2004 ORDINANCE NO . 34 . SERIES OF 2004 (COUNCIL BILL NO . 29, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE I . SECTION 12 , OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Garrett asked if there was any discussion or comments . There were none . Vote results: Motio n carried . Ayes : Nays: Absent : Council Members Barrentine, Moore , Bradshaw, Garrett. Wolo6yn. Tomauo None Council Member Yurchick (iii ) Council Bill No . 30. submittin1 to a VOie of the rcpsllnd electon of the City of Engle11.ood a Ballot ~stion to sell or transfer property owned by the Easlcwood w-ud Se-Ullli1-IO the 111c of EnglewooJ and Littleton for 11SC by the Littleulll/Enalewood W111ewa1er T.-Planl. t ... .. • • -- Englewood City Council June 21, 2004 Page 13 0 (J COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ill)· ORDINANCE NO. 35, SERIFS OF 2004 ORDINANCE NO . 35, SERIES OF 2004 (COUNCIL Bll..L NO . 30, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A BALLOT QUESTION AT THE NEXT SCHEDULED MUNICIPAL ELECTION TO SELL OR TRANSFER PROPERTY OWNED BY THE ENGLEWOOD WATER AND SEWER UTILITIES TO THE CITIES OF ENGLEWOOD AND LITILETON FOR USE BY THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. Mayor Garrett asked if there were any questions or comments . There were none . Votermdtl: Motion carried . Ayes: Nays: Absent: Council Members Barrentine, Moore, Bradshaw, Garrett. Woiosyn. Tomasso None Council Member Yurchick (c) Resolutions and Motions (i) Planner Fruchtl presented a recommendation from the Community Development Department to adopt a resolution approving proposed changes to the DevelopDICl!t Review Application Fee Schedule. He said staff recommends that the City Council consider and approve by resolution the proposed Development Review Application Fee Schedule as outlined in Exhibit A. With the adoplion of the Unified Development Code (UDC) on February 23. 2004. some modifications to the previoualy adopted Development Review Application Fee Schedule have been identified. They ue as foUows .. .in reprd to fee in lieu, this was previously located within the text of the landscape requiremelllS of the former Zoning Ordinance. It has been moved from the text to be included with other fees in the fees schedule and has been proposed to be increased from SI.IS to S 1.50. The land use permit is a new land use application that was created with the adoption of the Unified Development Code . The application fee is consistent with sitnilar applic:alions requiring sitnilar depees of review, administration and recording . Additionally, administrative adjustment ... this ism existing fee lbat is localed on the fee schedule . Staff is proposing a reduction of the required fee from $225.00 to $125.00. The propoaed reduction brings the application fee in line with similar applications requiring similar degrees of review, administration and also recording . Additionally we have the temporary use permit. which is also located on the Development Review Fee Schedule. Staff is also proposing a reduction in the required fee from $150.00 to $75.00. The proposed reduction brings the application fee in line with similar applications requiring similar degrees of review. administration and recording . If there are any questions 11 this time the staff would like to enlerUin them. Ma yor Garrett asked if there were any questions . Council Member Bradshaw said with our revenue discussion and our budget discussion, I have to ask the question about why the reduction in fees ? If the fees uc there, bow many of them do we collect anyway? Because, we uc a landlocked city. Mr . Fruchtl said I believe there has only been. actually. one applicalion that has been brought to Community Development staff this year. Again it brinp it into line with ocher types of applicationli such as the zonin& variance and also the appeals . Both the appeal and also the variance ue Kheduled at $125.00. Staffbelievea it would be pphcable at tlus time 10 reduce that fee do•-n in line with that aamr $125.00 area . Dm:ctor Simpson id the question was •ily ue we reducin& some of these fees? He said, as Mr. Fruchtl said. when ... c C$111bhsh fee schedule we try to take a look at reVJCw and reconl1111 fees and a lot of thole upecu, but we also tr 10 undeniand fee: as they may relale to other junsdJcoom. We abo try to make sure that there ue iuuea of cqull) COIISI tent with Olhcr kulds f fees that •-e ha,c imposed.. When we were puaina these into place, a lot of ' ... .. • • 0 Englewood City Council June 21, 2004 Page 14 ·• • • these we gave our best guess, if you will, to try to look at a lot of these . Administrative adjustments ... as we start looking at those , they seem to be more reasonable to be a little bit lower. It seems to be less impactful and most of the time those kind of reviews tend to be for citizens and not businesses . So, it made more sense to us and that is why we were requesting that. Council Member Barrentine said under the Financial Impact you said "proposed fees increase the potential for City revenues ." I just wanted you to expound on that a little. Director Simpson said obviously any time we impose any fees on any of our reviews, we have the potential for increasing revenues overall and I think last year we had estimated that somewhere in the range of $15,000.00 is what we were going to be expecting, based on previous reviews and this new fee structure. That is what we would have anticipated . Even with the minor reduction we will be within that general range, I suspect. Mayor Garrett asked if there were any other questions. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (I) • RESOLUTION NO. 56, SERIES OF 2004. RESOLUTION NO. 56, SERIES OF 2004 A RESOLUTION APPROVING THE DEVELOPMENT REVIEW APPLICATION FEE SCHEDULE FOR COMMUN1TY DEVELOPMENT. Mayor Garrett asked if there was any discussion . There was none. Vote results: Motio n carried. Ayes: Nays: Absent: Council Members Barrentine, Moon:, Bradshaw, Garrett, Wolosyn, Tomasso None Council Member Yurchick (ii) Senior Planner Graham presented a recommendation from the Community Development Department to approve a resolution adopting the South Broadway Plan as a Strategic Plan implementing Englewood 's Comprehensive Plan, Roadmap Englewood. He said the n:commcndation is to accept the Planning Commission· s recommendation to approve this resolution . The South Broadway Plan has been going on for about a year and a half and rather than explain the details of the Plan, I would like to provide just an overview of the process. When we started this Plan we had targeted a stakeholder group that consisted primarily of business property owners, business owners and began working with them as we developed some strategics for improving Broadway. As the project progressed, we determined that there was a much larger stakeholder group lllld. as a resul t, ex panded the public process to include that group. By October of last year. we had two large community gro up s that involved the neighborhoods and following up after substa nt.ial revisions of the Plan early thi s year, we again invited everybody ... the business community. the residents and all the citizens of Englewood to come and comment. In the meantime. we had altered the plans substantially . We have gone from a fairly technical plan. that was targeted at a business audience and an investor audience. to a list of strategics in six categories. which we believe implement the Comprehensive Plan and help us to begin invcstina in Broadway and rnakina lha! a more sigmficant place in our community . I would like to say that I think we have honored the Council's commitment IO the community by providing an expanded public process. It was our experience that through thi process we had a number of comments that we were able to address in the revised Plan . At our final mectina with the Plannina Commission ,-e had only one citizen who had initially o pposed it and had changed his request to the Commission in favor o f it. I hope that that is representative of the larger community. The Broadway Plan i just a refinement of so me of th e more generic goals of the Comprehensive Plan. but focused on the things we could do on Broadway over the ne~t five to ten years. We hope that with a resolution fro m the Council approving thi , we can act !.WUd o n doing some o f those things. Ma)Or Garrett as ked ,f there were quc lions for Mr. G.-aham. ' .• • • . . --. 0 Englewood City Council June 21, 2004 Page 15 (J Council Member Wolosyn said no, but I have a comment I would like to thank staff. This is a long time coming and it is an important thing. I would like to thank staff, the business and residential community ... everybody stepped up to do this . And now, we have to step up to the other part. Thank you. Council Member Bradshaw said well done Mark, good job. Mayor Garrett said it was a long process. I also want to congratulate Planning and Z.oning for sticking with it over the long haul. I have to give them credit. They hung in there very well. COUNCIL MEMBER TO~ MOVFJ>, AND IT WAS SECONDID, TO APPROVE AGENDA ITEM 11 (c) (U) • RF.SOLlITION NO. 57, SERIFS OF 2004. RESOLUTION NO. 57, SERIES OF 2004 A RESOLUTION ADOPTING THE SOlITH BROADWAY PLAN AS A STRATEGIC PLAN IMPLEMENTING THE ENGLEWOOD COMPREHENSIVE PLAN. Mayor Garrett asked if there were any questions or comments. There were none. Vote results: Ayes : Nays: Absent : Motion carried . 12. Gmenl Dilcaaioe (a) Mayor's Choice Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Tomasso None Council Member Yurchick (i) to July 12. 2004. Mayor Garrett said I have a request to reschedule the July 6, 2004 Ci ty Cowx:il meeting COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RESCHEDULE TIIE JULY 6, 2004 CITY COUNCIL MEETING TO JULY 12, 2804. Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Tomasso None Council Member Yurchick Mayor Garrell said so we will have our official meetings in July on July 12• and July 19•, (ii) Mayor Garrett said, because of the resignation of Council Member Yurchick, would you like to meet for just a brief moment after we adjourn so the City Attorney can discuss the proces5 we need to follow to appoint a new member? Council Member Bradshaw said is that an Executive Session or a public IICSliocl? City Allomey Brotzman said that would be an open session. She said okay. Ma)'Or Garren said we need to go over the Chancr rcquuements so thal we are all clear Oft wha& the procea needs to be and then we can dascuss how --c wan1 to take the nciu step. ls thal qreeable? Counc il Member Bradshaw we! then we will Just have 1110 here? Council .,,_i. (bl Council Members " Choice t .... .. t • • Enaiewood City Counc11 June 21, 2004 Pqe1, (i) Council Member Bradshaw said I want to compliment the folks who spoke this evening. I really appreciate the lack of redundancy in your comments. You guys tried and it sbowect. Thank you very much . I still thought it was a pilot program. Mayor Garrett said I was wrong. It did not become a jlCrllJanent program, It stayed a pilot program for a variety of reasons. So I apologiu ... I misspoke. Council Member Bradshaw said the other thing is I agree, I think there needs to a balance and I think we can compromise on this issue. But I &ppreciare the coach coming forward and telling us some of the problems, because those are the things we don't hear and that is not the bandwagon to get on right now. I thought that took a lot of guts to stand up in front of a room full of folks and say what you did. I notice that on the field, because I have friends whose grandchjklren play there. Anyway, I do think that we can work this out and you did hear when we will be discussing this again . You arc all cognizant of that. Jill, thank you so much for all your efforts on this. I really lppreciate il 13. City MD111ff'1 Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney•, Report City Attorney Brotzman did not have any matters to bring before Council. 15 . GAJUlETr MOVED TO ADJOURN. The meeting adjourned at 8:58 p.m .. 'd.(4 t • • Dala Horse Community Art Project To fund such a large non-profit undertaking, the Shots for Tots task force will be enlisting financial support through a community art project featuring a well-known child's toy and national symbol of Sweden --the Data Horse. Supporters can purchase various sized Data Horses to display within the community, at their business and/or through organized awareness events. These supporters, along with other in-kind and monetary sponsors, will fund a complete 12-month immunization effort and secure seed funding to help sustain an ongoing immunization program. This ls • wonderful non-profit community outreach program, and a portioa of your spouonltlp ls tu deductible. Thanks to our Platinum Sponsors and partners, Rotary International and the SMC Auxiliary! Sponsonhlp Levels: Com1111111ity A1111ivers•ry -$65 for a limited edition, six-inch wooden Data Horse commemorating Swedish Medical Center's 100th Anniversary. ($25 is tax deductible) Business An11ivers•ry -S500 for a 12-inch keepsake wooden Data Horse mounted on a small platform and highlighting Swedish Medical Center's 100th Anniversary. ($350 is tax deductible) Silveri Corporate A1111iversary -$3,000 for a four-foot, custom painted Dala Horse mounted on an out door platform with signage identifying your organization and the artist as supporters of Shots for Tots. ($1,400 is tax deductible) Addition•/ opportunitie.i fire flVflilflble for Gold fllld /11-Ki11d Spo11sors. Checks s ho uld be made payabl e to "Swedish Shots for Tots" and sent to ATTN : Sue Goodin, Shots for Tots Coordinato r, at Swedish Medical Center Administrat ion, 501 E. Hampden Ave ., Englewood, CO 80113 . Forms fo r s ponsorship level s are available on www.SwedishShots4Tots.com . •••••••••• All donations are managed by the SMC Auxiliary, • 501(c)3 non-profit orgenlutlon, For sponsorship inquiries, cont.act Sue Goodin at (303) 806-7415 or sgoodlnOthecnl,org, For more information, visit www.Swedlsh5hob4T01s.com. The Swedish Shots for Tots task force includes repesentattves from : Swedish Medical Center ; Colorado Children's Invnunlzatlon Coalition ; The Rotary Clubs d OTC, Englewood, Uttleton and Uni versity Hills ; SMC Auxiliary ; Tri-<:ounty Health Oepa,tment; the City d Englewood; Pedlllrlic; Doctors an; Swedish Family Medicine Residency ; and local Swedish OrganlDtlons . Swedish Shots for Tots SMC Auxiliary 501 East Hampden Avenue Englewood Colofado 80113 www.Swed,shShots4Tots com t , . • • -~ ~~ish Medical Center AN I VF.RSARY MMNNO,N1MW Shots for Tots -A Century of Caring & Sharing A Collaborative Community Project to Immunize Children In a study released recently by the Centers for Disease Control, Colort1do /tu tlte wont inrfo,,,,ance for t/te number of c/tildnn i111#111niz.ed on time -only 62. 7 inrcenL The CDC noted "simply remembering to keep up with the roughly 20 doses required by age two is hard for parents and physicians alike." In 2004-2005, as part of their 100-year anniversaries, Swedish Medical Center and the Rotary Clubs of Englewood, DTC, Uttleton and University Hills are leading the charge to increase the rate of Immunized children In our community and bolster the number of children recognized as part of the Colorado Immunization Information System (CDS), a registry designed to Improve Immunization records and compliance. To accomplish this task , Shots for Tots , a non-profit initiative, will provide free/low-cost community clinics featuring vaccinations, health infonnation and a fair-like atmosphere at locations convenient and safe for familie s with children at risk for missed immunizations. Rotarians and volunteers will staff the clinics under the direction of the Colorado Children's Immunization Coalition and the Tri-County Health Department, and Swedish Medical Center will lead the education and community awareness initiatives for "Shots for Tots ." Shots for Tots clinks are organized to: I) raise awareness of the importance of childhood vaccinations for children ages newborn through five 2) prepare children to enter school by getting caught up on immunizations 3) educate parents on the importance of continuity of healthcare 4 ) track vacc inations in a centralized database to allow families and phy sicians streamlined access to vaccination history for their children/patients. T he purpose of S hots for Tots Is to create a sustainable program to push tlle southwest Denver metro area toward the CDC's national goal that 80 percent of children receive eight major vaccinations on time. To be s uccessful in implementing the immunization clinics and on-going efforts 10 prot ec t o ur c hildren , a total of S 150,000 is necessary. To fund the non-profit hots for Tots initi ati ve, a community art project will help involve local u pport ers and raise a wa rene ss of the importance of childhood immunizations. (more on rewrst') Swedish Shots for Tots SMC Auxihary 501 Eas t Hampden Avenu e Englewood Colorado . 80113 www Swed,shShots4Tots .com ..... ... .· • t • A BRIEF HISTORY OF SWEDISH MEDICAL CENTER Over the course of its nearly 100-year history, Swedish Medical Center-HealthONE has evolved into an acute care medical center serving the communities of Englewood, south metro Denver and beyond. Dr. Charles Bundsen, a Swedish immigrant, established Swedish in 1905 as a sanatorium for tuberculosis patients, many of them also Swedish immigrants. The first male patients were housed in platform tents on a five-acre plot of land. The tents were used to allow the walls to be rolled up each day, summer or winter, giving patients sunshine and fresh air to cleanse their lungs. The first brick building was completed to house the laboratory, kitchen, dining room and a few patient rooms. In 1924, the Chicago Women's Pavilion was fmanced by the Swedish Women of Chicago. One of the major additions, completed in 1931 was the Mayflower Pavilion, which was funded through the sale of small plastic flowers. These plastic Mayflowers were traditionally sold in Sweden to raise money to fight the battle against tuberculosis and successfully contributed to the construction of 32 patient rooms at Swedish, each with a sun porch. With medication having significantly reduced the number of tuberculosis cases by 1956, the facility changed its name to Swedish Hospital and turned its focus to general healthcare. During the 1960s, a six- story main building was completed. which raised bed capacity lo 238 . The first baby was born in the new maternity unit in July 1964, and eventual renovation and the addition of four patient care floors raised patient capacity to 328. In the 1980s, Swedish built two of the four existing medical office buildings. In the early 1990s, the Critical Care Unit was constructed, winning a national award for design, along with the final two medical office buildings, housing the Radiation Oncology Depanmenl and the Swedish Ambulatory Surgery Center. A merger with Presbyterian/St . Luke's Health Care System occurred in September 1993 forming HealthUNE, a not -for-profit organization. In September 1996. the Swedish parent company, HealthONE, formed a joint venture with HCA , a national investor-owned system. Today. HeallhONE is the large t healthcare provider in metro Denver, c onsisting of s ix acute care hospitals and one re habilitation hos pital. In March 1996, Swedish continued facility expansions by completing a new 25,000 square-foot Emergency Department to accommodate more than 50,000 patient visits per year. In 1998, a new Women's Services Center opened for labor & delivery, high-risk obstetrics and gynecological surgery. In 1999, a second lab was added to the hospital's Cardiac Catheterization Center, and an extensive remodel of the Surgical Services Department was completed in 2003. With new units and the comprehensive services offered within the hospital, Swedish now has 368 licensed beds. Swedish Medical Center boasts many "firsts" in Colorado, including the use of MRI and CT, as well as angiography. Swedish is known as a regional referral center for ncurottauma and was designated a Level I Trauma Center in 2003. Continuing its tradition of excellence in the neurosciences. Swedish became the first Comprehensive Stroke Center in Colorado in 2004. Tnday, Swedish's centers of excellence include adult and pediatric trauma services, ncurosciences, advanced radiology capabilities. cancer treatment services, cardiology services and women's & children's services. As the largest employer in Englewood, Swedish employs more than 2,000 people and has a medical staff of 1,200 physicians and allied health professionals. Our 99-year tradition of community service continues today through support of such programs as Shots for Tots, a partnership with local Rotary Club& to provide inununizations to children in need; Doctors Care, which provides healthcare, hospitalization and pharmaceuticals for the medically undcrserved; and a health clinic at Englewood High School. Swedish was recently named one of the "l 00 Top Hospitals" in the nation by Solucicnt for the second year in a row, as well as being awarded the "Consumer Choice" award from the National Research Corporation for the fifth time and being named a "Facility of Choice" by the American Alliance of Healthcare Providers. -~sh MedicalC- 'I\ CR S A R \" ia,Swedish T Modlnlc- ' ... .. • • 0 -~ish Medical Center AJ>:1'1 VERSA R Y iiiii€";i111& 1001h Anniversary Celebration 5HOTS FOR TOTS Beginning in July 2004 , Swedish Medical Center and several local Rotary Clubs will host monthly immunization clinics for needy children in south/southwest metro Denver. Fundraising for this project will consist of selling Dala Horses, which will be on display throughout the community from summer 2004 through summer 2005 . This project will culminate with a gala where Dala Horses will be auctioned for charity. The Rotary Clubs hope to use these funds to continue to host this community service project after the initial year. SoclAL EVENTS • 2004 Leadership Reunion In April 2004, a leadership reunion was conducted to honor key former leaders of Swedish Medical Center in order to build awareness of and interest in Swedish's JOO"' Anniversary. • 2004 SAC Midsummers Eve In June 2004, the Special Assignments Council (SAC) kicked off Swedish's anniversary festivities by hosting a fundraiser to benefit the SAC Swedish Employee Scholarship Fund. Nearly $100,000 was raised for the scholarship endowment fund . • 2004 SL Lucia Day Swedish Medical Center's traditional St . Lucia Day celebration for staff, volunteers and physicians will be the internal kick-off event for our 100111 Anniversary. Traditional Swedish dancers and other historical touches are planned to add to the festivities. • 2005 Smorgasbord Our official aMiversary date is March 13, 2005 . A traditional Swedish smorgasbord will be planned in March for employees, volunteers and physicians to celebrate the anniversary date. • 2005 Community Birthday Party A celebration for the entire community will be conducted at Swedish in June 2005. This is scheduled to include tours of the newly landscaped grounds and key areas of the hospital . • 2005 Midsummer's Eve On June 18, 2005, tht> "official" cu lminating event celebrating our 100111 Anniversary will take place at Pinehurst Country Club. Invitees will include current and pa st leaders, 100"' Anniversary Steering Commiuee and Subcommiuee members, Shots for Tots sponsors and representatives from local Swedish Clubs . COMMEMORATIVE PIECES A researcher/write r/hi storian has been hired to write a conunemorative book . We will also likely develop a video about our history to be shown at the Midsummer's Eve celebration in 2005. A landscape res toration project in Swedish's original courtyard will be completed by September 2004 . This project is designed to restore some of the original environment/atmosphere to the grounds. Large wall-mounted pieces. including a timelinc and key services piece, arc being conunissioned and will be dedicated in 2005 . Ver,,on. 07/12,04 ' ..• • • ... • -. Shots For Tots proveen inmunlzacion a bajos precios para niiios de todas las edades desde recien nadados hasta los 18 aiios de edad. Las dos locaci6nes estan convenientes, seguras y con un ambiente amable para las familias de nuestra comunidad. Las clinicas estaran abierta el tercer sabado de cada mes desde las 10 a.m. hasta las 1 p.m. LQCAa6N DE; w Q PflCM: INTEJl-FAIIH COMMUNIIY SEJMCXS 3370 South Irving, Englewood, CO 80110 1llE: VIUAOE: FOR £ARLY ODl.DHOOD mucATION 1907 West Powers Ave., Littleton, CO 80120 Las clinicas altemaran entre loa dos lugarta durante 2004-2005: 17 de Julio The Village 21 de Agosto Inter-Faith Community Services 18 de Septiembre The Village 16 de Octubre Inter-Faith Community Services 20 de Noviembre The Village (No habra clinca el mes de Diciembre) 15 de Enero , Inter-Faith Community Services 19 de F ebrero The Village 19 de Marzo Inter-Faith Community Services 16 de Abril The Village 21 de Mayo Inter-Faith Community Services 18 de Junio The Village 16 de Julio Inter-Faith Community Services Para mas lnformacl6n, llame a: TRAIGA LOS PAPELES ORIGINALES DE INMUNIZACION DE SU NlfilO CADA VEZ QUE VAYA A CUALQUIERA DE LAS DOS CLINICAS ~ • Dlfterla, TMllno y Pertussis • Pollo, Sarampl6n, Papera y Rublola * Hepatitis A y Hepatitis B • Haemophllus Influenza Type B (Hlb) • Pneumococcus y Varicllla Las vacunas tendrtm una donaci6n de $15. Nlngun nlfto aer6 excluldo al no puede pagar. Las clinicas incluyen actividades divertidas, regalttos para los ninos , y informacl6n y seguridadl GRACIA$ A NUESTROS PATRQCINANTES : Tri-County Health Department: 303-451 -0123 Inter-Faith Community Services: ~ ~ 303-789-0501 --~ The Village : 303-347-6985 ~c!!! ~Tri-C.ow11y .. It ...... Dri-n-• I. 0 I · • - \ .. --, .. / Shots for Tots immunization dinics provide low-cost vaccinations and other health information in a fun, fair-like setting. The clinics serve all children from birth to age 18. Two convenient and safe locations are available. The immunization clinics are offered on the 3rd Saturday of each month from 10 a.m . to 1 p.m . gooc; LQCA110NS; INTE:R-FAIJ'H COMMIOOIY SElMCE:s 3370 South Irving, Englewood, CO 80110 11t€ VIIJ.ACJe FOR E'ARLY OllLDHOOD E:DUC.A110N 1907 West Powers Ave., Littleton, CO 80120 Clinics alternate between the two locations during 2004-2005: July 17 The Village August 21 Inter-Faith Community Services September 18 The Village October 16 Inter-Faith Community Services November 20 The Village (No clinic in December) January 15 Inter-Faith Community Services February 19 The Village March 19 Inter-Faith Community Services April 16 The Village May 2 1 Inter-Faith Community Services Jun e 18 The Village Ju ly 16 Inter-Faith Community Services --.. .. ··-ttttt -....-u...., --~ BRING YOUR CHILD'S SHOT RECORD TO EVERY CLINIC lrnrnunizat1on1 avaHabla· * Diphtheria, Tetanus and Pertuuls * Pollo, Measles, Mumps and Rubella * Hepatitis A and Hepatitis B * Haemophllus Influenza Typa B (Hlb) * Pneumococcus and Varicella $15/shot or donation . No child will be turned away for Inability to pay. Clinics include fun activities, give-aways for children and health & safety information! flhi Tri-Counrv .. , ,...i,h l)rp;attfflffll •· PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 .........., VIIITOIIII ' DATE:JULY12,2004 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ......... ..::. ___ .......,.AD=D=R=E.,..SS......_ _________ .. __ , .• .. • • ,.. ~ ., •. • • -.. http://enaJewooddoa,arks.dlejuactioa.aet http://easlewooddoa,arkl.dlejudiN.aet 1 ~ D J Q ~ ·. ;J, ... "'C... g, rJ ' http://enslewooddoa,arkl.dlejucdoll.aet ~-• ~ C C 1 G>c .c" o .C.Q l.s ~ U, ij J! .5 ~ http://enaJewooddoa,arks.dlejuactioa.aet ftl L.;. 111:: " ~ "'o oE "i' Q) ~ ,e i ~ http://enaJewooddoa,arks.dlejunctior aet •. ... • ~ILJ I n C O c o. pj ,,·. ., " I ::> ('I) ~ ~ 'C ~ g .~ B. http://englewooddoaparks.tbejunction.net "'Co ii s> o'° o"a; 'a 0 iJ: :g : "8 http://enaJewooddogparks.thejunction.net '.:::> 0 Q.~ 0 >~ (I) :IJI, Q)O. .S• jjllll -C: i s a http://englewooddogparks.thejunction.net C>g ~l; C C ·-! .! W CU i ~ ii, http://englewooddogparks.thejunction.net ::: ~ ... = ,Z! http://englewooddogparks.thejunction.net http://englewooddogparks.thejunction.net Document Processing Fee If document is on paper: If document is filed electronically : Fees arc subject to change. For electronic filing and to obtain copies of filtd docummts visit www.sosstate.co.us Deliver paper documents to: Colorado Secretary of State Business Division I 560 Broadway, Suite 200 Denver, CO 80202-S 169 $50.00 S .99 RE Cc\\lE.D 160\ J\ll -9 t>~ 3: OG :....~ "..;~ ,.·· . -· ~ .. •i.~~L Ys'{ i;(t Gi: ...:0 L U•d ,u O Paper docummts must be typed or machine printed . AIIOVE SPACE Ria omCE USE ONl Y Articles of Incorporation for I NonproOt Corpontion filed pursuant to §7-90-301, et seq. and §7-122-101 of the Colorado Revised Statutes (C.R.S) I . Entity name: 2 . Use of Restricted Words (ifa,ryoftlwu ,~mu tllY CfHltoiMd in a" attily "°""'• trw name of an mtil)I, /To« l/0""' or lradnllOrl Sia /rd in lhis doa,,wn•. MDU lk applicabw •~l«tion): 3 . Principal office street address : 4 . Principal office mailing address: (if diffcrmt from above) 5. Registered agent: (ifan individual): OR (ifa business organization): EnglewOod Unleashed (TM-of O -,,,o/il corpora--·""' --. ""'*""""' -o, obbrnla,;,. "corpo,01;,. ", ''iltt:orpondal ", "coo,pay". "U.U.", "corp.", "Ille.·. "co.· or "hit" §1-90-601, C.R.S.) D "banltn or "trustn or any derivative tbem>f 0 "credit unionn D "savings and 1oann D "insurancen, "casualtyn, "mutual", or "surety" 4420 Soulh Elllli Sirwet _E_nglewoodJ...---------co 80110 (Cil)I) (s-.) (Cau,y-lf-US) P.O. Box582 ..:E::;,;nglewoodi;.::.=..:-=-------CO 80151 (Cil)I) (Sltw) (Proviou -if opplicol,k) (C-,.-If-US) _Ka_iner _______ ..:Gf99=~----------- (Lint) (Finl) (1,1.&) (S,,JflTJ 6 . The pcnon appoin1ed as registered agent in the document has COIIICllled to being IO appoimed. 7 R cgi 1cred enl trttt addttss: _E_npwood.__ ________ ~---'-~11;;.;:0:.__ ___ _ ..... 6114/Me lei) • • 8. Registered agent mailing address: (if different from above) 9. If the corporation's period of duration is less than perpetual, state the date on which the period of duration expires: 10. (Optional) Delayed effective date: I I . Name(s) and addresl(es) of incorporator(s ): (ifan individual): OR (if a business orpnimion): (City) P.O.Box582 Englewood (City) (Provilltt-If opplk»IM) ,.,,.,.dtllyyyy) (wwldtl/yyyy) Kanlar a-) co 80151 (Slaw) (Po,lllllup Co6t) (0-try-/f-US). !!!!II (Finl) (liliMl,J -'E"-npwood;a;.:..=.;;.;;_ _______ CO 80110 (City) /5Mlr.l (""""1ttt -If.,,,..,., (C~-1/-USJ r.;.//k) (ifan individual) _Harww==--------'-Ab='-----..:.M:.:.._ ___ _ (Llal) (Finl) (MW*) (S,,fflx) OR (ifa business organization) ..:Ec:..:nglewood-===--------CO 80110 (City) ,S..) (C~-,-US) (ifan individual) _P..cac:a.;;.;;.. _______ Sl_w __________ _ OR (ih business organizaaion) ,,_, (Finl) (Jlltlll,J (S/lt#b) 42411 s. Lincoln 811..i ..;cEngtewood;;.;a;=-.;;;.;:..;;_ ______ co .,,,, ..,..,-..,.. hfl t (Cit)~ (Pos10//Zip Co«) (Provioc• -if app/icobl•) (Couatry -If"°' US) {If lltOll ,,,_ dutt ioccrpon,,on, ,,,.,,k lllis box 0ol0d inc/wk o• an«tu,,m, SlllfUl/l lM,,..,.. olOd addrara of oil iocorporo1on.) 12 . The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act. 13 . The corporation will El OR will not D have voting members. 14 . A description of the distribution of assets upon dissolution is attached. IS . Additional information may be included pursuant to §7-122-102, C.R.S. and other organic statutes . Jf applicable, mark this box @and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing &ball constitute the aftinnatioo or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document ia the act and deed of the person on whose behalf the individual is causing the document to be delmred for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C .R.S ., the constituent clocumen1s, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documans, 111d the organic lltallltea. This perjury notice applies to each individual wbo causes this docwnent to be delivered to the aecretary of state, whether or not such individual is named in the document as one who has camed it to be delivered. 16. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing : Hanna M fuu1J (F~ 4420 Soulh Elati SttNI _E_nglewood=---------CO 80110 (City) /Slolf) (P-1/Zip Cati,) (Provioc. -If app/icobk) ,C-try -(""' US) (f'l,e dOCWJtDtl ntt,t/ nol s,a,. IM'""' no-a,od addras o{lltOll '"°" ,-iadMaol. ,-, lfyo,, .... ,o_ ,lw _-,J ...._ of any addiliOIIOI iftdividllals <avsi•g 1/wdon.Mffll 10 betkli-for fililt/l , -6 dou 6mCJ-1at,,,. M _......., ... IUW •- alOd addr.ss of svcA ilOdividllals.) Disclaimer: This form, and any related instructions, are not mtended to provide legal, business or tax advice, and are offered as a public service without representation or wananty. While this form ia believed to utiafy minimum legal requirements as of its revision date, compliance with applicable law,• the same may be amended from time to time, remains the responsibility of the user of this form. Questioaa lhould be addRaed to the ma''I attorney. ' a.,, 6114/lGOil )of .. ' .. ·; • • 7/8/2004 The Distribution of Assets upon dissolution for ''Englewood Uni.cashed", a Colorado 50l(c)3 non-profit Corporation In the event that for any reason the Colorado Non-Profit Corp "Englewood Unleashed" ceases to exist, the "Englewood Unleashed" Board of Directors will vote on how and to who to liquidate any assets. In the event the Board of Directors of "Englewood Unleashed" can not vote on how to distribute assets, the assets will be donated to 1be Dumb Friends League of Colorado with offices located in Denver, CO or an equvalent non-profit animal shelter as soon as possible. ARTICLE I NAME BYLAWS OF ENGLEWOOD UNLEASHED (A Colorado Nonprofit Corporation) The name of this corporation is Englewood Unleashed. ARTICLE II STATEMENT OF PURPOSE A. PURPOSE: l. This ccrporation is governed by and operating under the Colorado Revised Nonprofit Corporation Act ("CRNCA"), Colorado Revised Statutes. Title 7, Articles 121 to 137. Hereafter CRNCA shall refer to that Act as it may be amended from time to time and any other Act adopted by the Colorado Legislature in substitution of the CRNCA. This corporation is specifically entitled to the benefits of the terms and provisions of the CRNCA. 2. To support off-leash dog privileges at designated parks within the City of Englewood. 3. To work with, aid and assist the City of Englewood's City Co1mCil, Parks and Recreation Commission and Parks and Recreation Department by raising fund!I and providing volunteer support to improve and better maintain the off-leash parks in Englewood, in which dogs can exercise without leash restraint in a clean, healthy and safe environment. 4. To receive, invest and use funds acquired through membership dues, fundraising events, donations, gifts, grants, bequests and solicitations needed to facilitate health, safety, maintenance and improvement projects at off-leash parks in Englewood and to achieve this organization 's goals . 5. To be advocates of responsible dog ownership . 6. To serve as a local educational resource on dog ownership. 7. To cultivate community spirit, and neighborhood relations through vmious outreach efforts. 8. To provide a safe, clean and accessible environment where dog owners and their canine companions can exercise and socialize. ARTICLE III MEMBERSHIP A. ELIGIBILITY: Membership shall be open to anyone who endorses the purpose of the corporation, abides by these Bylaws, and who meets the requirements of one of the classes of membership defined below. B. CLASSES: The membership of this corporation shall consist of the following classes: I. Non-voting members: Non-voting members include : (a) Honorary members designated by the Board of Directors. (b) Associate members who make a contribution to the organization (or specific park project) who either do not desire to be a voting member, or whose monetary contribution is of insufficient amount (less than the minimum annual dues) to qualify him/her as a voting member. ( c) Corporate/business members, sponsors or underwriters. (d) Ex-officio members designated by the Board of Directors. 2. Voting members: Voting members are those who pay annual dues. Each shall have one (1) vote. These members include: (a) IndividuaVfamily members (more than one person living at the same address) (one vote per household). (b) Senior citizens (50 years ofage or older). (c) Supporting members. ( d) Sustaining members . (d) Patrons. 3. Payment of dues : The amount of assessed dues shall be set each year at the members' annual meeting. Payment of dues shall be on an annual basis. All dues are tax-deductible and non-refundable. The amount assessed for annual dues shall be as follows, but may be changed from time to time, if approved by the Board of Directors and the voting membership . 2 • • 4. (a) Individual and family members dues-to be set at annual meeting (b) Senior citizen-to be set at annual meeting (c) Supporting members-2 x individual member (d) Sustaining members-3 x individual member (e) Patrons-4 x individual member (f) Corporate/business sponsors-5 x individual member Fiscal year: The fiscal year shall begin 1 July and end 30 June of each year. Payment of annual dues shall coincide with this fiscal period. 5. Transfer of membership Members may not transfer their membership or any rights arising from it. 6. Termination of membership: The membership of any voting member shall terminate upon occurrence of any of the following: (a) Resignation of the member. (b) Failure to pay his/her dues. ( c) Determination by two-thirds (2/3) of the Board of Directors that a member has violated the Articles of Incorporation or these Bylaws. ARTICLE IV MEETINGS OF VOTING ~MBERS A. ANNUAL MEETING: The organization shall bold its annual meeting the last Thursday in June of each year for the following purposes: l . To elect and install new members of the Board of Directors. 2 . To set annual dues . 3. To ~eive year-end reports, including but not limited to, future project forecasts, existing project status, secretary's and treasurer's reports. Members shall be notified of the annual meeting at least two (2) weeks in advmcc of this meeting by U.S. or electronic mail and via an electronic quarterly newsletter. 3 • • - • • B. ADDlTIONAL MEETINGS: 1. Additional meetings of the membership shall be held quarterly to provide interim project and financial status; to allow regularly scheduled intervals where non-voting and voting members can discuss park priorities and concerns with City of Englewood's City Council , Parks and Recreation Commission and Parks and Recreation Department representatives; and to vote on various proposals. Members shall be notified of quarterly meetings at least three (3) w eks in advance of each meeting by U.S. or electronic mail and via an electronic quarterly newsletter. 2. Special meetings may be called at any time. Any voting or non-voting member in good standing (members whose dues are paid to date) may request a special meeting of the organization by contacting any member of the Board of Directors. Special meetings must be of an urgent nature, and be approved by 3 of the Board ofDirectors, ifit is determined that a meeting cannot wait until the next regularly scheduled (quarterly) members meeting. Members shall be notified at least one (1) week in advance of special meetings, by U.S. or electronic mail and by flyers posted at Englewood off-leash parks. C. QUORUM: Fifteen percent (15%) of the recorded voting members in good standing shall constitute a quorum for any meeting of the members. D. VOTING: I. Eligibility to vote: All voting members in good standing shall be entitled to one (1) vote at a meeting of the members . E. 2. Methods of Voting : Voting may be done by any of the following methods : (a) Returning ballots by U.S. mail. (b) Oral, hand or ballot vote at meetings and recorded by the secretary. (c) Signed facsimile . (d) Through the organization's website. NOTICE OF CERTAIN AGENDA ITEMS : Annual , quarterly and/or special meetings which are intended to address any of the following subjects/proposals require specific written notification to members to clearly define th e subjects/proposals to be discussed and/or voted upon . 1. Removing directors/officers . 2. Fillin g director/officer vacancies . 4 • • 3. Amending the Articles of Incorporation or Bylaws . 4. Dissolution of the corporation/organization. F . RULES OF ORDER Where not inconsistent with the Bylaws, the special rules of this Corporation, or the provisions of the CRNCA, meetings of the Board and of the members of this Corporation shall be conducted in accordance with the most current edition of Robert's Rules of Order. ARTICLEV BOARD OF DIRECTORS A. NUMBER OF BOARD MEMBERS: The Board of Directors shall consist ofno more than seven (7) voting members who shall be elected and installed at the annual meeting. The officers of the Board of Directors shall be the president, vice president, secretary and treasurer. Officers shall be elected by the Board of Directors at the first Board of Directors' meeting following the annual members' meeting. For organizational purposes, the initial Board of Directors shall consist of the founding members of the organization and shall be subject to reelection after one year. The officers shall be determined by the Board of Directors by August 1, 2004. B. QUALIFICATIONS: 1. Members of the Board of Directors shall be voting members of the organization in good standing for a minimum of six (6) months. 2. Members of the Board of Directors shall be subject to the financial self-interest/ conflict of interest exclusions described below. C. FINANCIAL SELF-INTEREST/ CONFLICT OF INTEREST EXCLUSION: 1. No member of the Board of Directors shall have a financial self-interest in the investments, fundraising efforts of ihe organization, projects funded by the organization, or on- go ing maintenance efforts paid for by the organization. 2. No member of the Board of Directors shall have a financial self-interest in any Englewood off-leash parks themselves. 3. Any member of the Board of Directors shall automatically resign ifa financial self-interest or other conflict of interest arises, or if the Board member is or has been convicted of a fiduciary crime or fraud . 4. Each member of the Board of Directors shall sign a ethical statement stating that th ey do not have financial self-interest or other conflict of interest with the organization, and that s • • they have not been convicted of a fiduciary crime or fraud. Furthermore, each member of the Board of Directors shall disclose on this ethical statement if they have ever been convicted of a Class 11 felony or above. D . NOMINATIONS & ELECTIONS : 1. The Board of Directors shall solicit nominations for annual elections and Board of Directors vacancies at quarterly members meetings. Nominees shall be advertised to members at subsequent quarterly meetings, through an electronic quarterly newsletter and by special mailings. 2. Members shall be sent ballots by electronic mail, or U.S. mail if necessary, at least four (4) weeks in advance ofBoard of Directors elections, which could be held at either the annual meeting or at a quarterly meeting to fill WJSCheduled Board of Directors vacancies. 3. Members may cast their votes for the members of the Board of Directors by: (a) Returning ballots by U .S . mail. (b) Oral, hand or ballot vote at meetings and recorded by the secretary . ( c) Signed facsimile. (d) Through the organization's website. 4. Members may write-in nominees who are voting members in good standing and meet the qualifications for the members of the Board ofDin:ctors specified above. 5. The members of the Board of Directors shall be elected by a simple majority vote. E . SPECIFIC POWERS & LIMITATIONS: 1. The Board of Directors shall administer the affairs of the corporation; control all expenditures and property of the corporation; and act in the corporation's interest on matters, which are inconsistent with the Articles of Incorporation, these Bylaws, and Colorado law. 2 . The Board of Directors shall have no power, which subjects the corporation to any debt, encumbrance or liability beyond the amount of the corporate fund. 3. The Board of Directors shall create and disband committees as may be comidered necessary from time to time. 4 . To ensure the completeness and accuracy of corporate reconla and boob. upca the completion of the fiscal year the secretary and treuuren boob aball be l'e\iewed by • independent entity, appointed by the Board ofDirecton, and flndiap reported II die.-, meeting. 6 • t • 5. The Board of Directors may not fill Board of Directors vacancies; amend the Articles of Incorporation or Bylaws; or dissolve the corporation/organization without approval by the voting membership. 6 . Directors may chair committees and perform other duties in addition to their normal Board of Directors responsibilities. F. LENGTH OF TERM : 1. Directors shall be elected to a tenn of one ( 1) year. Annual elections shall be held in a manner to elect directors each year. 2. No Directors shall be elected for more than two (2) full consecutive terms. 3. Following each annual election, the Board of Directors shall elect new officers for a tenn ofone (1) year. G. HONORARY & EX-OFFICIO MEMBERS: Non-voting honorary and ex-officio members of the Board of Directors may be appointed by the Board of Directors from time to time to support specific organization needs. H. COMPENSATION: Directors and officers of the Board shall not receive compensation for their services, but may be reimbursed for expenses directly related to organization business. if deemed to be just and reasonable by the Board of Directors and to be validated with proper receipts. I. VACANCIES : 1. Any unscheduled vacancy on the Board of Directors shall cause a special election to occur to fill the remainder of that Board of Directors member's term. Should be Board of Directors feel that the time remaining for the vacant position would not warrant a special election, they may pass a resolution to that effect and recommend same at the next regularly scheduled members' meeting for approval . 2. Members and officers of the Board of Directors may resign by giving written notice to any Board of Directors member. 3. Members of the Board of Directors may be terminated upon occurrence of any of the following or as deemed necessary by two-thirds (2/3) of the Board of Directors that a member has violated the Articles of Incorporation or these Bylaws. {a) Failure to pay his/her dues; {b) Failure to abide by the rules of order and ethical behavior; 7 • (c) Failure to attend three (3) consecutive Board ofDin,cton meetin gs (without reasonable justification); ( d) If a financial self-interest or other conffict of interest arises; or ( e) If the Board member is convicted of a fiduciary crime or hud. J . MEETINGS: 1. The Board of Directors shall call and administer all annual. quarterly 111d special members meetings . 2. The Board of Directors shall bold regular monthly Board ofDin,cton meetings to attend to and administer on-going planning. financial and opcnlional needa of the orpni7.alion. Board of Directors meetings require a quorum of a minpnum of four (4) Dirocton lo VCJtc on my issue or proposal presented at that meeting. i.e., a meeting CID occur but votes are not valid unless a quorum is pracnt. 3 . Monthly Board of Directors mectinp llhall include aecrcurya and treasurer's reports; address old and new busineu agenda items; 111d ltllUI &om committee cbairpcnons. u required. The secretary's meeting minuta, trcMurer'a financial reports 111d committee status reports provided at monthly Board of Directon meetinp aUow iaa.........a review and 11J1110Va1 by the Board of Directon, and provide the IOIIICe IDlkriala needed lo pnpan Vll1CJUI year-end reports to the organization and govanmeatal apnciea. K . COMMJITEES: 1. The Boanl of Dindon lball 6am lime to time cnae---. IDd ad-hoc committees, each comiatina of two (2) or men IDllllbers, b tlae ,.,._ of adlieYing apecific organization goals and objectives. (a) Project / Fundraisin& c:ommittee(a). (b) Plft n,eintcmnce & .,...,. (c) Mcmbcnbip . (d) Communications & advertisina, inchadiJlt m electroaic quarterly newsletter. ( e) NcmioarioN & electioaa. (f) Community ounach. ommittee cbaitpcrsoal shall be drawn 6am the full membenbip 111d IIIPIOVed by the Board of Directors. • . . • t .. 4. The Board of Directors shall have the authority to remove or replace committee chairpersons as situations dictate. 5. Each organization project/event shall have a chairperson responsible for its overall planning, funding, advertising, and implementation. That person shall coordinate the event's activities with other committee chairpersons and members of the Board of Directors, as required. 6. The specific purpose, limitation, and functions to be performed by each committee ("Charters") shall be established by the committee chairperson and approved by the Board of Directors. 7. Standing Committee Charters shall be developed by Committee ChaiJpcrsons, and maintained by the organization's Secretary, and may be changed/enhmccd from time to time to incorporate "lessons learned" and to reflect the changing needs of a given committee. ARTICLE VI DUTIES OF THE BOARD OF DIRECTORS A. PRESIDENT: 1. The president shall be the general manaacr of the organization and shall supervise, direct. and control the Ofpnizalion'a activities, buainea affain, and officers. 2. The president uall prelidc al all mcmbcn' mcctinga and It all Board of Directors meetings. 3. The presidenl aball have IUCh powers and duties u the Board of Directors or these Bylaws prescribe. 4. The prcsidcna aball sip, with the treasurer, all checks. 5. The prcsidcna shall be an ex-officio member of all committees created by the Board of Directors . 6. The president shall be the organization's focal point and principal spokesperson for all park project planning mcctinp with the City of Englewood personnel. B. VICE PRESIDENT : The vice p-csideul. in the ablencc of the president or secretary, shall perform all duties of those offices. C. SECRETARY : 9 .. 1. The secretary shall record, or cause to record, meeting minutes at annual, quarterly, and special members' meetings; monthly Board of Directors meetings; and committee meetings, as required. 2. The secretary shall keep a Book of Minutes for all meetings, proceedings and actions of the Board of Directors; of committees of the Board of Directors; and members' meetings. . 3. In support of the secretary, committee chairpersons shall record committee meeting minutes and provide same to the secretary for inclusion in the Book of Minutes. 4. The secretary shall maintain copies of the corporation's Articles of Incorporation, Bylaws, committee charters and other documents critical to the corporation in its dealings with city,.state and federal agencies. 5. The secretary shall notify members of regular and special meetings in the time and manner prescribed by these Bylaws. Supplemental notifications shall also be provided via an electronic newsletter, via electronic mail and posted notices at Englewood off-leash parks. 6. The secretary shall keep a current Book of Members' Records, containing: (a) Members' names, addresses, phone numbers, email addresses and facsimile numbers. (b) Members' class of membership. (c) Members' dues status (as provided by a membership committee chairperson and/or the treasurer). The secretary shall keep all members' records confidential, and shall only release members' information after receiving individual / specific member's approval, or as required by public law. 7 . The secretary shall allow the inspection and copying of organization records as defined in Article VIIl C, Records and Reports. D. TREASURER: 1. The treasurer shall keep and maintain adequate and accurate Books of Accounts of the organization's properties and transactions. 2 . The treasurer shall receive, collect and deposit all funds or other valuables in the name and to the credit of the organization. 3. The treasurer shall prepare and present a written financial report appropriate for each annual and quarterly members' meeting; and for each monthly Board of Directors meeting. Financial reports, as a minimum, shall include: 10 • t • • (a) The organization's monthly and year to date income, expenses !llld account balance. (b) Specific project income, expenses and project/account balance . 4 . The treasurer shall sign all checks under $100. The treasurer, with the president, shall sign all checks over $ I 00. In the treasurer's absence, the president shall sign all checks. 5. The treasurer shall allow the inspection and copying of financial reports as defined in Article vm C, Records and Reports . 6 . The treasurer shall maintain an adequate set of financial books/records, recognized as accepted accounting practices, in order to satisfy applicable state and federal reporting and audit requirements . 7 . The treasurer shall submit financial boolcs/records for independent review before each annual members' meeting and before the filing of financial reports with state and federal agencies . 8. In the event of the treasurer's death, resignation or removal from office, the president shall appoint an interim treasurer until an election can be held as stated in Article V, section I. E. PARLIAMENTARIAN: I. It shall be the duty of the parliamentarian to ensure that meetings are conducted in an efficient and orderly manner as proscribed by Roberts Rules of Order. 2. After the annual Board of Directors elections and assignment of new officers, the parliamentarian shall act as a liaison between outgoing and incoming officers, including. but not limited to, ensuring a smooth transition of power and officers' records, and updating the incoming Board of Directors of the status of current events and projects. 3 . The parliamentarian shall assure that the Articles of Incorporation and Bylaws are understood and adhered to by all Board of Directors members. 4 . Th e parliamentarian shall be appointed by the Board of Directors and shall have an ov erlapping term of one month past the normal one-year term required of other officers, in order to facilitate the trans ition and to train and update the incoming parliamentarian. ARTI CLE VII PERMITS , INSURANCE & WANERS I . The organization shall obtain permits and purchase liability insurance as necessary to conduct organization events/activities. II ' , • • 2. Written waivers shall be obtained to document that permits and/or liability insurance is not required to conduct organization events/activities. 3 . Obtaining permits, insurance and/or waiver protection is the responsibility of the event/activity chairperson and must be approved by the Board of Directors. ARTICLE VIII RECORDS & REPORTS A. The organization shall keep : I . Written records of members' meetings, Board of Directors meetings and committee meetings. 2 . Written records of members. 3. Written financial accounts, books and records. 4. Written records of the organization's Articles of Incorporation, Bylaws, other corporate documents and all changes thereto. B. The organization shall prepare and deliver annual and periodic reports required by state and federal law. Such reports/filings shall be reviewed and approved by the Board of Directors prior to submittal . C. RIGHTS OF INSPECTION: As a Nonprofit Corporation, the organization's information is open to the public and available via the organization's website at http://englewooddogparks.thejunction.net. Gencnl information, including the Corporation's Articles of Incorporation, Bylaws, and Annual and Quarterly Secretary's and Treasurer's Reports may be accessed and downloaded at no charge . Any Voting or Non-Voting organization member in good standing who does not have access to the Internet may, upon written request to the organization's secretary, obtain copies of the same documents described above for the cost of reproduction and mailing expenses. Requests for additional information will be handled on a case-by-case basis. ARTICLE IX AMENDMENTS A. Without specific approval by the organization's voting members, the Board of Directors may not : 12 .... .. " ,. 1. Adopt, amend or repeal any bylaw that would materially or adversely affect organization members. 2. Change voting rights, classes, quorum or majority requirements . 3. Fix or change the number of Board of Directors members or officers. 4. 5. 6. Fix or change the term of Board of Directors members or officers. Change Board of Directors member qualifications or election procedures. Change the amount of annual dues. B. New bylaws may be adopted. or these bylaws amended. only with the approval of voting organiz.ation members. ARTICLEX DISSOLUTION A. The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever benefit any director, officer, or member thereof, or be used for the benefit of any private person. Upon the dissolution of the corporation, its assets remaining after payment or provision for payment of all debts and liabilities of this corporation shall be distributed to nonprofit funds. foundations or corporations organized and operated exclusively for similar charitable pwposcs. and which has established tax exempt status under Section SOl(c) (3) of the Internal Revenue Code. B. Reasons for dissolution of this corporation include, but arc not limited to: I . A vote by the general membership to dissolve the corporation / organization. 2 . Failure to meet state and federal requirements for a nonprofit public benefit tax- exempt organization. CERTIFICATION OF THE SECRET ARY I certify that I am the duly elected and acting secretary of Englewood Unleashed . I further certify that the above Bylaws, consisting of thirteen (13) pages, arc the Bylaws as adopted by its Board of Directors on July __, 2004 and that they have not been amended or modified since that date . Executed on July _, 2004 at Englewood, Colorado . 13 t • • Secretary, Susan Pacek Englewood Unleashed June 24, 2004 Doug Garret, Mayor, City of Englewood Norleen Norden, Vice Chair, Englewood Housing Authority Don Bobeda, Commissioner, Englewood Housing Authority Bev Bradshaw, Commissioner, Englewood Housing Authority Shelley Thompson, Commissioner, Englewood Housing Authority Chuck Carter, Commissioner, Englewood Housing Authority Dawn Shepherd, Executive Director, Englewood Housing Authority To All- RECEMD EJ CIIY MANAflllrl OfFICI INCiMIWOOD, co i need to resign from the Englewood Housing Authority Board of Commissioners. I anticipate my final meeting to be September 2004. I apologize for the timing, but we don't have much control over life at times. My sincere hope is that this will give you enough time to find another board member. I have thoroughly enjoyed my time with the Authority and am resigning due to personal difficulties. My sister recently passed away and I have asswned the added responsibility for helping with her sons. I find that I have to let some things go due to the additional demands on my time as well as the problems I'm having dealing with her death. While I was able to take an indefinite leave from other volunteer activities. I don't feel that is appropriate in this case. I have no idea when, or if: I'll be able to reswne some of what I did before and feel it would be more beneficial to the Authority to have a full board. I would like to stress how much I enjoyed my time on the board. They are an amazing group of people and I think the future looks very exciting for the agency. Sincerely, Debi Medlock Chair, Englewood Housing Authority Board of Commissioners (303) 781-3908 3182 S Fox St Englewood , CO 80110 ... ,,. • .. ., • • RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING JOHN BRICK TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, John Brick has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOL YEO BY TifE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. John Brick is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. John Brick's tcnn will be effective immediately and will expire February 1, 2005. ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the a bove is a true copy of Resolution No. ~ Series of 2004. Loucrishia A . Ellis, City Cleric RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING JOHN BRJCK TO THE ENGLEWOOD LIQUOR LICENSING AUTIIORITY FOR TIIE CITY OF ENGLEWOOD, COWRADO. WHEREAS, John Brick has applied for appointment to the Englewood Liquor Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint John Brick to the Englewood Liquor Licensing Authority for the remainder of that term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-John Brick is hereby appointed to the Englewood Liquor Licensing Authority. John Brick's term will be effective immediately with a term expiring July I, 2005. ADOPTED AND APPROVED this 12111 day of July, 2004. ATIEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Cleric. I, Loucrishia A. Ellis, City Cleric. for the City of Englewood, Colondo, hereby certif: · the above is a true copy of Resolution No . __ , Series of 2004 . Loucrisbia A. Ellis , City Cleric. • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION RECOMMENDING CHARLES CARTER FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there is a vacancy in the Englewood Housing Authority ; and WHEREAS, Charles Caner has applied to serve as a member of the Englewood Housing Authority; and WHEREAS, the Mayor desires to appoint Charles Carter as a member of Englewood Housing Authority; and WHEREAS , the Englewood City Council supports the Mayor's appointment . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Charles Carter is hereby appointed to the Englewood Housing Authority for the City of Englewood, Colorado. Charles Caner's term will be effective immediately and expiring July I , 2009. ADOPTED AND APPROVED this 12• day of July, 2004 . ATTEST: Douglu Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucri hia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __, Series of 2004 . Loucrishia A. Ellis, City Clertc f' • t • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION REAPPOINTING KA TE DULANEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. S, Series of 1996; and WHEREAS, Kate Dulaney has served as a member of the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Kate Dulaney to the Englewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kate Dulaney is hereby reappointed to the Englewood Cultural Arts Commission. Kate Dulaney's term will be effective immediately and will expire July I, 2007. ADOPTED AND APPROVED this 12111 day of July, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Cleric. for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2004 . Loucrishia A. Ellis, City Cleric. RESOLUTION NO. SERIES OF 2004 A RESOLUTION REAPPOINTING DARYL ESTES TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Dq,artment of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Daryl Estes has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Daryl Estes to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Daryl Estes is hereby reappointed to the Enalewood Code Enfon:cment Advisory Committee. Daryl Estes' term will be effective immediately with his term to expiJe July I, 2006. ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST: Doualas Garren, Mayor Loucrishia A . Ellis , City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Enp,wood, Colondo, hereby certify the a bove is a true copy of Resolution No._, Series of 2004. Loucrishia A . Ellis, City Clerk .. • t .. • • RESOLUTION NO . SERlES OF 2004 A RESOLUTION APPOINTING BARBARA FOUT AS AN AL TERNA TE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Board of Adjustments and Appeals bas the authority to bear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations, to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations; and WHEREAS, Barbara Fout bas graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there arc no vacancies on the Board of Adjustment and Appeals; and WHEREAS, the Englewood City COIUlcil desires to appoint Barbara Fout as alternate member to the Board of Adjustment and Appeals ; and WHEREAS , City Council bas requested staff to send this alternate member packets for the Board she will be serving on so that she can maintain an understanding of the current issues and rules ; and WHEREAS , while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS , Council wishes to express its gratitude for the voluntccrism and service that this individual wishes to bestow upon the City; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORAOO, THAT: ~-Barbara Fout is hereby appointed as an a1tcmatc member of the Eqlewood Board of Adj ustment and Appeal s. AOOPTED AND APPROVED this 12* day of July , 2004 . ATTEST : Douglas Ganctt. Mayor Loucrishia A. Elli s, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of £nalcwood, Colondo, hereby certify the above is a true copy of Resolution No. __ , Series of 2004. Loucrishia A. Ellia, City Clerk • t .. • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION REAPPOINTING BARBARA FOUT TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Barbara Fout bas served as a member of the Englewood Liquor Licensing Authority; and WHEREAS, Barbara Fout's current term expired July I, 2004; and WHEREAS, Barbara Fout bas applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Barbara Fout to the Englewood Liquor Licensing Authority . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . Barbara Fout is hereby reappointed to the Englewood Liquor Licensing Authority. Barbara Fout 's tenn will be effective immediately with term expiring July I, 2007. ADOPTED AND APPROVED this 12• day of July, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby cenify the above is a true copy of Resolution No . _, Series of 2004 . Loucrishia A . Ellis, City Clerk • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPOINTING DOOLEY GEHR TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborbood services in the City; and WHEREAS, Dooley Gehr has served on the Englewood Code Enforcement Advisory Committee as an alternate member; and WHEREAS, currently there is a vacancy on the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Dooley Gehr u a regular member to the Code Enforcement Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CJ1Y OF ENGLEWOOD, COLORADO, THAT: ~-Dooley Gehr is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Dooley Gehr's term will be effective immediately and will expire July I, 2006. ADOPTED AND APPROVED this 12th day c:f July, 2004. ATTEST : Douglu Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of EnaJewood, Colorado, hereby cenify the above is a true copy of Resolution No . __ , Series of 2004 . Loucrislua A . Ellia, City Clerk RESOLUTION NO . SERIES OF 2004 A RESOLUTION REAPPOINTING CHUCK GRIMES TO THE PARADE COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Parade Committee has been established as a committee focused on the annual Englewood Holiday Parade and other parades and community events which the City and the Committee feel are appropriate for the benefit of the citizens of the City of Englewood; and WHEREAS, the Englewood Parade Committee was established by the Englewood City Council with the passage of Ordinance No. 20, Series of 2002; and WHEREAS , Chuck Grimes has served as a member of the Englewood Parade Committee; and WHEREAS, Chuck Grimes has applied to serve as a member of the Englewood Parade Committee; and WHEREAS, the Englewood City Council desires to reappoint Chuck Grimes to the Englewood Parade Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Chuck Grimes is hereby reappointed to the Englewood Parade Committee. Chuck Grimes' term will be effective immediately and will expire July I, 2008. ADOPTED AND APPROVED this 12th day of July, 2004 . ATTES T: Douglas Gam:tt, Mayor Loucri h' A . Ell is, City Clerk I, Loucrishi a A. Ellis, City Clerk for the City of Eopewood, Colondo, hereby certify the above is a true copy o f Reso lution No ._, Series of 2004 . ,, Loucrishia A. Ellis, City Clcrtt t • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPOINTING PAUL HENDRICKS AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and lo the City Manager or designee for improvements relating lo the Neighborhood Services in the City; and WHEREAS, while an alternate will not be able lo vote at the meetings, he is nevertheless requested lo attend as many meetings as possible lo get a feel for the membership and issues; and WHEREAS, the Englewood City Council desires lo appoint Paul Hendricks as an alternate member lo the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Paul Hendricks as alternate member of the Englewood Code Enforcement Advisory Committee. ADOPTED AND APPROVED this 12111 day of July, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2004 . Loucrishia A. Ellis, City Clerk ... • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION REAPPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and , WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements n:lating to neighborhood services in the City; and WHEREAS, Chris Hoagland has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desin:s to n:appoint Chris Hoagland to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Chris Hoagland is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Chris Hoagland's term will be effective immediately with bis term to expin: July I, 2006. ADOPTED AND APPROVED this 12th day of July, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, ben:by certify the above is a true copy of Resolution No._. Series of 2004 . Loucrisbia A. Ellis, City Clcn. • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPOINTING CORNELIA HUMPHREYS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Cornelia Humphreys has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Cornelia Humphreys is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Cornelia Humphreys' term will be effective immediately and will expire February l, 2005 . ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . ___, Series of 2004. Loucrishia A. Ellis, City Clertc RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING AMY LAUGESEN TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Amy Laugesen has applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and I WHEREAS, the Englewood City Council desires to appoint Amy Laugesen to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, THAT: Section I . Amy Laugesen is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado. Amy Laugesen's term will become effective immediately and will expire July I , 2007. AOOPTED AND APPROVED this 12111 day of July 2004. ATTEST: Douglas Gamtt, Mayo.- Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2004. Loucrishia A . Ellis, City Clerk .· • • RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING REBECCA LAUGHLIN TO THE PAR.KS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City has established a Parks and Recreation Commission to advise on all matters pertaining to recreation; to prepare an annual Parks and Recreation Master Plan and to review the annual Parks and Recreation Budget; and WHEREAS, there is a vacancy on the Englewood Parks and Recreation Commission; and WHEREAS, Rebecca Laughlin has applied for to serve as a member of the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to appoint Rebecca Laughlin to the Englewood Parks and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Rebecca Laughlin is hereby appointed to the Parks and Recreation Commission for the City of Englewood, Colorado. Rebecca Laughlin's term will be effective immediately and expire July I, 2005. AOOPTED AND APPROVED this 12* day of July, 2004. ATTEST: Doua1u Ganett. Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2004 . Loucrishia A . Ellis, City Clerk RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPOINTING JULIE LONBORG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . S, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Counci~ focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood; and WHEREAS, Julie Lonborg has applied to serve as a member of Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Julie Lonborg to Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Julie Lonborg is hereby appointed to Alliance For Commerce In Englewood. Julie Lonborg's term will be effective immediately and expiring July I, 2007. ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2004 . Loucrishia A. Ellis, City Clerk RESOLUTION NO. SERIES OF 2004 A RESOLUTION REAPPOINTING NICK PANETTA TO THE AILIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Nick Panetta is a current member of Alliance For Commerce In Englewood; and WHEREAS, Nick Panetta term expired May 7, 2004; and WHEREAS, Nick Panetta has applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Nick Panetta is hereby reappointed to Alliance For Commerce In Englewood . Nick Panetta's term will be effective immediately and will expire July 1, 2007. ADOPTED AND APPROVED this 121b day of Juy, 2004. ATIEST: Douglas Garrett, Mayor Loucrisbia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .___, Series of 2004 . Loucrisbia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2004 A RESOLUTION APPOINTING CYNTHIA PAYNE TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes rccpmmendations to City Council and to the City Manager or his designec for improvements relating to neighborhood services in the City; and WHEREAS, Cynthia Payne has applied to serve as a member of the Englewood Code Enforc.:ment Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Cynthia Payne to the Englewood Code Enforcement Advisory Committee; NOW, "'.'HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . Cynthia Payne is hereby appointed to the Englewood Code Enforcement Advisory Committee. Cynthia Payne's term effcctive •immediately and expiring July I, 2006. ADOPTED AND APPROVED this 12th day of July, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk. I, Loucri shia A. Ellis, City Clerk for the City ofEnglewood, Colorado, h~by certify the abo ve is a true copy of Resolution No._, Series of 2004 . Loucri shia A . Ellis , City Clcrlt • • RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING TED VASILAS TO ALLIANCE FOR COMMERCE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established b the Englewood City Council with the passage of Ordinance No. S, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Ted Vasilas has served on the Alliance For Commerce In Englewopd as an alternate member; and WHEREAS, currently there is a vacancy on the Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Ted Vasilas as a regular member to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Ted Vasilas is hereby appointed to the Englewood Alliance For Commerce. Ted Vasilas' term will be effective immediately and will expire July I, 2007. ADOPTED AND APPROVED this 12111 day of July, 2004. ATTE ST: Douglas Garrett, Mayor Loucri shia A . Ellis, City C lerk I, Loucri shia A . Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the a bove is a true copy of Resolution No. ___J Series of 2004. Loucrishia A. Ellis, City Clerk t .. .. ; • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION REAPPOINTING ROBYN WILLIAMS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Robyn Williams has served as a member of the Englewood Liquor Licensing Authority; and WHEREAS, Robyn Williams' current term expired July I, 2004; and WHEREAS, Robyn Williams has applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Robyn Williams to the Englewood Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Rqbyn Williams is hereby reappointed to the Englewood Liquor Licensing Authority . Robyn Williams' term will be effective immediately with term expiring July I, 2007 . ADOPTED AND APPROVED this 12111 day of July, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2004 . Loucrishia A. Ellis, City Clcrlt I • 8t t .. • • • 0 CJ COUNCIL COMMUNICATION Date Agenda Item Subject July 12, 2004 11 a i Bill for an Ordinance to Approve an Intergovernmental Agreement with Board of County Commissioners of the County of Arapahoe. State of Colorado Initiated By I Staff Source Department of Finance and Administrative Services Frank GrvRlewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has discussed this topic numerous times, the last being at the study session held on June 7, 2004. . .... , RECOMMENDED ACTION Staff recommends Council approve the attached bill for ordinance approving an intergovernmental agreement with the Board of County Commissioners of the County of Arapahoe, State of Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On November 4, 2003, the voters of Arapahoe County approved a county-wide sales and use tax of one- quarter percent sales tax on eligible sales to be used for specific Open Space objectives. Some of the highlights of the Open Space Tax and Intergovernmental Agreement include: • Without further voter approval, the tax will expire on December 31, 2013. • The tax ra te is one-quarter of a percent (.25 % or 25 cents on every 100 dollars) • Each municipality located wholly or partially in the County will receive a Shareback distribution. • Distributions are allocated based on availab le collections and the relative population (updated annually) of each municipality compared the incorporated population of the County. • Distributions for 2004 will be made on or before December 31, 2004 and on or before June 1 for subseq u ent years. • Each municipality must enter into an IGA with the County to receive a distribution. • Each municipality shall collect the County's Open Space Use Tax on building and construction materials . Up to five perce nt of the taxes collect ed may be retained to offset the cost of collection . • The use of the funds is limited to open space, existing/new neighborhood parks and sports fields and up to ten percent for maintenance of existing or new open space properties, neighborhood parks an d sports fields. ' .. .. • • • Beginning in 2005, and each subsequent year, municipalities must file iln Annual Municipal Expenditure Report within 30 days of each December 31 . · • Funds may be banked from year-to-year. • Interest earnings on funds are restricted to the same use as Shareback Funds. • Each municipality must certify in writing that the Shareback Funds were used in conformance with applicable County resolutions. • Improper use these funds may lead to a loss of distribution. No alternatives were identified. FINANCIAL IMPACT Entering this agreement will enable the City of Englewood to claim its proportionate share of the Open Space collections. The County estimates Englewood will receive $500,000 in 2004. LIST OF ATTACHMENTS Proposed bill for an ordinance • • ORDINANCE NO. SERIES OF 2004 BY AUTHORITY C NO. 37 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCB AUTHORIZINO INTBROOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE. COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING · .. OPEN SPACE" TAX SHAREBACK. FUNDS. WHEREAS, in November, 2003, the voters of Arapahoe County approved a county- wide sales and use tax of one-quarter percent sales tax on elijlible sales which will expire in IO years to be used for specific Open Space objectives as set f~tth in County Resolution No. 030381; and WHEREAS, County Resolution No. 030381 provides for a sharcback provision of the Open Space Sales and Use Tax ("Shareback Funds'') to be distributed to municipalities wholly or partially within Arapahoe County; and WHEREAS, entering this Intergovernmental Agreement will enable the City of Englewood to claim its proportionate share of the Open Space collections; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering the "Intergovernmental Agreement" between Arapahoe County and the City of Englewood, attached hereto u Attachment l, pertainina to "Open Space" Tu Shareback Funds . Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 12th day , July, 2004. Published as a Bill for an Ordinance on the 16th day of July, 2004. Douglas Ganctt, Mayor ATTEST: Loucrishia A. Ellis, C ity Clerk -1- • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 12th day of July, 2004. Loucrishia A. Ellis -2- • INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (" Agreement;, is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (tho "Cityj. WHEREAS, on November 4, 2003, tho voters of Anpahoe County approved a county- wide sales and use tax of one-quarter of one percent (0.25% or 25 cents for ev,:ey $100 dollars), which will not be collected on sales of food or prescription drugs. and which will expire in 10 yem. to be used for specified Open Space objectives as set forth in County Resolution No. 03038l;and WHEREAS, on June 17, 2003, the County adopted Resolution No. 030381, authorizing the question of the aforementioned sales and use tax be put before the voters on November 4, 2003;and WHEREAS, Resolution No. 030381 provides for a sbareback provision of the Open Space Sales and Use Tax ("$bareback Fundsj to be distributed to municipalities wholly or partially within Arapahoe County; and WHEREAS, Resolution No. 030381 requires that these municipalities enter into Intergovernmental Agreements with the County before they receive Sbarebact Fuadl; and WHEREAS, the County desires to enter into interpvemmental apeemenll with these municipalities wholly or partially within Arapahoe County, includins the City of Bnpwoocl, pursuant to Section Vlll(C) of Resolution No. 030381; WHEREAS, these interaovemmental apeomenta are authorized by Article XIV, Section 18 of the Colorado COllltitutioa and COLO. RIV. STAT.§ 29-1-203 (2003); WHEREAS, Resolution No. 030381, in put, provided that OICb JNmicipality shall collect the County's Open Space Use Tax on buildina and comtruction materia1I; ml WHEREAS, COLO. REv. STAT. § 29-2-106(3Xa)(2003) aulhorizol municipalities to collect the County's Open Space Use Tax. NOW, THEREFORE, the County and Ibo City apee • follows: I. Tho County shall diltributo to Ibo City its prqportioaale .._. of Sllllnblck Funds, as more fully dac:n"bed in Raolution No. 030311, of Iba IIIDll&I rwv.ue cou.ct.d lam the Open Space Sale and Use Tax. 2. reference. Resolution No. 030381 is lltaCbod hereto• Exhibit A and incorponted a..a by , c C .. D E r: t 1 . t ... • • ·• • • 3. The amount of Shareback Funds distributed to each incorporated municipality, wholly or partially within Axapahoe County, will be based on the population of the incorporated municipality or portions thereof in Axapahoe County versus total population of all incorporated areas in Arapahoe County. 4. The population figures will be updated annually based on the latest available final population estimates provided by the Demography Section of the Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section. 5. The Shareback Funds will be distributed annually. In 2004, Shareback Funds shall be distributed on or about December 31, 2004. In years 2005 through 2013, the Shareback Funds will be distributed annually on or before June l of each year. Additionally, and unless voters approve either a ballot measure to extend the Open Space Sales and/or Use Tax beyond 2013 and/or approve a new Open Space Sales and/or Use Tax beyond 2013, then the final distribution ofShareback Funds will be on or about March 31, 2014. 6. The City specifically agrees that it shall only use its Shareback Funds for the Open Space uses as set forth in Section Vlll (E) of Resolution No. 030381 as well as to purchase and/or develop and/or improve existing neighborhood parks and/or sports fields. 7. Further, the parties agree that the City may use up to ten percent (10%) of its Shareback Funds distributed by the County annually to maintain existing or new open space properties, neighborhood parks and sports fields. 8. The City further understands and agrees that, after receipt of its Shareback Funds, the City will use any interest earned on these funds only for open space purposes u set forth in Resolution No. 030381 and in compliance with the terms and conditions of this Agreement 9. Once Shareback Funds have been distributed, on or before t:very December 31•, the City agrees that it will certify and submit in writing to the County that lbe Shareback Funds were used in conformance with Resolution No. 030381, and/or designated to be used in a manner consistent with Resolution No. 030381. The expenditures and/or designated expenditures of its Shareback Funds will be detailed by the City, and such submission will be called the Annual Municipal Expenditure Report. Beginning in 2005, said report must be submitted within thirty 30) days of each December 31 11 to the County through the Open Space and Trails Advisory Board ("OST AB") and the County's Open Space Manager. 10. The City may reserve (bank) its Shareback Funds from year to year u Iona u said funds arc deposited into a reserve account for Open Space Funds, and when these funds are expended, the expenditures are done so in accordance with the uses set forth in Raolution No. 030381 . Further, when any and/or all of the Sharebaclt Funds are reserved (banked). the purposc(s) for which the funds will be used must be stated in the City's Annual Municipal Expenditure Report . 2 ' . ·., ,• i' • • • ·• • • 0 11. Upon written notice from the County's Open Space Manager, informing the City that it has failed to submit its Annual Municipal Expenditure Report to the County, the City shall submit its said report to the County through OSTAB and the County's Open Space Manager within thirty (30) days, and, if it fails to do so, the City shall be deemed to be in violation of Resolution No. 030381 and this Agreement As such, the City will be ineligible for future Shareback Funds, unless and until the Annual Municipal Expenditure Report and/or a Compliance Plan is submitted to OSTAB and the County's Open Space Manager and accepted and/or approved by the County. 12. The City understands and agrees that if the Sharcback Funds are not used in accordance with the provisions, conditions and guidelines of Resolution No. 030381 and/or this Agreement, the City will not receive additional Sharebaclc Funds unless and until it submits a Compliance Plan to the County through OST AB and the County's Open Space Manager, and the County approves the Compliance Plan. Upon written notice by the County's Open Space Manager that the City must submit a compliance plan, the City shall have 30 days to submit said compliance plan as set forth herein. 13 . The City further understands and agrees that if it fails to submit a Compliance Plan or fails to submit a Compliance Plan which meets the approval of the County, or fails to meet the requirements of the County's approved Compliance Plan within thirty (30) days of written notice of noncompliance by the County through the County's Open Space Manager, or fails to submits its Annual Municipal Expenditure Report as required by paragraphs 9, 10 and 11 of this Agreement and Resolution No. 030381, then the City's share of the Sharebaclc Funds will be distributed, based on the latest available final population estimates provided by the Demography Section of the Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section, among the other participating, incorporated municipalities. 14. The City understands and agrees that no land or interests acquired with the revenues from the Open Space Sales and Use Tax may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the City's governing body after conducting a public hearing. The City further agrees if such sale, lease, trade or conveyance is made or an exclusive license or interest has been given, the proceeds shall be deposited in a City Open Space Fund to be used for purposes consistent w ith Resolution No. 030381. l S. The C ity understands and agrees that it will collect the .2S percent Arapahoe Co unty Use Tax on building and construction materials and will forward, on a monthly basis (to fac il itate such collection), such tax minus up to five percent (of the .2S percent tax collected) to the Arapahoe County's Sales Tax Analyst, 5334 South Prince Street, Littleton, Colorado 80166. The City shall determine and use its own policies and procedures relating to collection of said Arap ahoe Co unty Use Tax. 16. Should any one or more provisions of this Agreement be determined to be illegal or unenforceab le, al t other provisions nevertheless shall remain effective; provided. however, the 3 ' ... .. • • parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 17. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the authorized signatories for the City. 18. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 19. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton. Colorado 80166-0001 and Arapahoe County Attorney 5334 South Prince Street Littleton. Colorado 80166-0001 and Arapahoe County Open Space Manager Arapahoe County Public Worts and Development Department 10730 East Briarwood Avenue. Suite 100 Centennial. Colorado 80112-3853 and Open Space and Trails Advisory Board c/o Arapahoe County Public Worb and Development Depar1ment 10730 East Briuwood Avenue. Suite 100 Centennial, Colorado 80112-3853 CITY: City of Englewood 1000 Eng)ewood Parkway Englewood, Colorado 80110 and Daniel Brotzman. City Anomey City Attorney's Office 1000 Englewood Parkway 4 t • Englewood, Colorado 80110 20. This Agreement shall be governed by, and shall be construed in accordance with. the laws of the State of Colorado. 21. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made rcganling the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof: and further agree that the various promises and covenants contained herein are mutually agreed upon and an: in consideration of one another. 22. This Agreement shall inure to the benefit ot: and be binding upon, the Parties to this Agreement. 23. If litigation is commenced by either party concc:ming this Agn,ement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs 1iom the other party. 24. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the County and the City have executed this Agreement u of the date set forth below. DATED this __ day of _______ .J 2004. ATIEST: CITY OF ENGLEWOOD: By. _______ _ By. _________ _ City Clerk Name/I'itle APPROVED AS TO FORM: By. _______ _ City Attorney s f' t • • ATIEST: Nancy A. Doty Clerk to the Board APPROVED AS TO FORM: COUNTY OF ARAPAHOE STATE OF COLORADO By:·-----,-------- Cbair, Board ofCowtty Commissioners 6 f' CJ RESOLUTION NO. 030381. It was moved by Coimnissipner Mackenzie and duly seconded by Commissioner Zinmer to adopt the following Resolution: WHEREAS, the Board of County Commissioners and the Open Space and Trails Advisory Group have determined that there is a need to plan and develop an approach for the preservation of open space in Arapahoe County; and · WHEREAS, the County does not have sufficient to finance acquisitions curtailing to an unacceptable level County is obligated to provide; and the funds in its treasury of open space without other services which the WHEREAS, the County is authorized by law to impose a sales tax on the sale of tangibie personal property at retail and the furnishing of services and a use tax for the privilege of using or consuming any construction and building materials purchased at retail and the privilege of storing, using or consuming any motor and other vehicle, purchased at retail on which registration is required, subject to approval of the registered electors of the County; and WHEREAS, the Board of County Ccmaisaioners has determined that it is in the interest of the resident• of the County to impose a County-Wide sales and use tu at the rate of one quarter of one percent (0.251) for the period beginning January 1, 2004 through December 31, 2013, and the receipts from which will be restricted in application to the Open Space objectives as set forth aore fully herein; and WHEREAS, the Board of County Ccadsaioners has deteJ:mined that a question regarding the iJllposition of a sales and use tax for the purposes enunciated herein should be subaitted by the Board of County Commissioners to the eli91ble electors of the County; and WHEREAS, the Board of County CCllld.ssioners bas reviewed the proposed ballot question to be considered at the November ~003 election; and • WHEREAS, pursuant to Section 1-5-203(3) C.R.S., the Board of county Commissioners aut certify bAllot contents to the Arapahoe County Clerk and Recorder for said Noveaber 2003 election; and 1 DllllT & I• t ... .. • • r··----(_J NOW, THEREFORE, BE IT RESOLVED by the Board of County Conlllissioners of the County of Arapahoe, State of Colorado, as follows: I. General Provisions A. B. Purpose. The purpose of this Resolution is, upon the approval of a majority of registered electors voting on such proposal, to impose a sales tax .of one quarter of one percent (0.251) upon the sale at retail of tangible personal property and the furnishing of certain services in the County, and to impose a use tax of one quarter of one percent (0.251) for the privilege of use or consuming in the County any construction and building materials purchased at retail, and for the privilege of storing, using or consuming in the County any motor and other vehicles, purchased at retail on which registration is required, all in accordance with the provisions of Article 2 of Title 29, C.R.S., which provisions are incorporated herein by this reference. The sales and use tax shall becoae effective on January 1, 2004 and cease at 11:59 p.m. on December 31, 2013. Statutory Definitions Incorporated. this Res9lution, the definitions contained herein shall be as defined 26-102 and 39-26-201, C.R.S., which incorporated herein by this reference. For purposes of of the words in Sections 39- definitions are II. Imposition of Sales Tax. There is hereby imposed a County- Wide one-quarter of one percent (0.251) sales tax on all sales of tangible personal property at retail or the furnishing of services in Arapahoe County, as provided in Section 29-2-105(1) (d), C.R.S., effective throughout the incorporated and unincorporated portions of Arapahoe County, subject to the following terms and conditions: A. Transactions Subject to the Sales Tax. 1. The tangible personal property and serYices taxable hereunder shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-104, C.R.S., subject to the same exemptions as those specified in Section 39-26-114, C.R.S., including, specifically, and not by way of limitation, the exemption for sales of food (as the teJ:111 •food• is defined in Section 2 •• ' .... ·' .•' • • ·• • • 39-26-102(4.5), C.R.S.), as exempted from the Colorado state sales tax pursuant to Section 39- 26-114(1) (a) (XX); the exemption for vending machine sales of food, as described in Section 39- 26-114(7.5), C.R.S., the exemption for purchases of machinery· and machine tools specified in Section 39-26-114 (ll), C.R.S.; the exemption for sales and _purchase·s of those items listed in Section 39-26-114(1) (a) (XXI); the exemption for occasional sales by a charitable organization, as provided in Section 39-26-114(18), C.R.S.; the exemption for sales and purchases of farm equipment or farm equipment under lease or contract exempted from the Colorado state sales tax, pursuant to ,Section 39-26-114(20), C.R.S., excepting from the definition of "farm equipment• parts used in the repair or maintenance of fam equipment, all shipping pallets or aids paid for by a farm operation, · and aircraft designed or adapted to undertake agricultural operations; and the exemption for sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources, as specified in Section 39-26-114(22), C.R.S. 2. Such sales tax shall not apply to pesticides that are registered by the Colorado Comaissioner of Agriculture for use in the production of agricultural and livestock products, pursuant to the provisions of the "Pesticide Act" Article 9 of Title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides, pursuant to Section 35-9-115, C.R.S., notwithstanding the removal of such pesticides from the Colorado state sales tax base, pursuant to House Bill 99-13Bl, enacted at the first regular session of the Sixty- Second General Assembly. 3. Such sales tax shall not apply to the sale of construction and building materials, as the •lem is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the County evidencing that a local use tax has been paid or is required to be paid. 3 t .. ,• • • B. ·• • • 0 4. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax imposed by Arapahoe County when such sales meet both of the following conditions: (1) the purchaser is a non-resident of or has his principal place of business outside of Arapahoe County, and (2) such personal property is registered or required to be registered outside the limits of Arapahoe County under the laws of the State of Colorado. ·· 5. Such sales tax will not be imposed upon the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales . or use tax lawfully imposed on the purchaser or user by another statutory or home rule county equal to or in excess of that sought to be imposed hereunder by Arapahoe County. A credit shall be granted against the sales tax imposed hereunder by Arapahoe County with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule county. The amount of the credit shall not exceed the sales tax imposed hereunder by Arapahoe County. 6. Such sales tax will not apply to the sale of food purchased with food stamps. For purposes of this section, "food• shall have the meaning as provided in 7 D.S.C. Section 2012(g) as such section exists on October 1, 1987, or is thereafter amended. 7. Such sales tax will not apply to the sale of food purchased with funds provided by the special supplemental food program for women, infants and children, 42 u.s.c. Section 1786. For purposes of this section, •food" shall have the same meaning as provided in 42 U.S.C. Section 1786 as 3uch section exists on October 1, 1987, or is thereafter amended. Detecaination of Place at Which Sales are Consummated. For the purposes of this Resolution, all retail sales shall be considered consumaated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent 4 ' • • ·• • • 0 to a destination outside the limits of Arapahoe County or to a common carrier for delivery to a destination outside the limits of Arapahoe County. The gross receipts from such sales shall include delivery charges when such charges are subject to the Colorado state sales and use tax imposed by Article 26 of Title 39, C.R. S., regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in Arapahoe County, or has more than one place of business, the · place or places at which the retail sales are consU11111ated for the purpose of a sales tax imposed by this Resolution shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Department of Revenue. The amount subject to the sales tax imposed hereunder shall not include any Colorado state sales or use tax imposed by Article 26 of Title 39, c.R.S. I C. Collection, Administration, and Enforcement. The sales tax imposed hereunder shall be collected, administered and enforced by the Executive Director of the Colorado Department of Revenue ("Executive Director") in the same manner as the collection, administration and enforcement of the Colorado state sales tax. The provisions of Article 26 of ,Title 39, C.R.S., and all rules and regulations promulgated thereunder by the Executive Director shall govem the collection, administration, and enforcement of the sales tax imposed hereunder. Distribution of all sales tax collected by the Executive Director, pursuant to this Resolution, shall be to Arapahoe County. D. Vendor's Fee. At the time of making a monthly retum of the sales taxes required by this Resolution, every retailer shall be entitled to withhold a vendor's fee in the amount, as authorized by state law, of the sales tax remitted to cover the retailer' s expenses in the collection and remittance of said taxes. If any retailer is delinquent in r 'emitting said taxes, other than in unusual circumstances shown to the satisfaction of the Executive Director of the Department of Revenue of the State of Colorado (the "Executive Director") , . the retailer shall not retain any amounts to cover his expenses in collecting and remitting said taxes. • If any retailer, during any reporting period, !hall collect as a tax an amount in excess of one percent of the total taxable sales, the retailer shall remit to the Executive Director the full amount of the tax herein imposed and also the full amount of said excess. E. Application of Section 29-2-108, C.R.S. The 6. 91 limitation on amount of sales tax provided for in Section 29-2 -108, C.R.S., shall be exceeded by 0.801 in s ' .. .. ! • • • - 0 0 D the City of Aurora; and by 0.051 in the Cities of Cherry Hills Village, Columbine Valley and Littleton; and by 0.551 in the Cities of Englewood, Glendale and Sheridan. The County sales tax does not exceed the 11 rate permitted by Section 29-2-108, C.R.S. III. Imposition of Use Tax. There is hereby imposed a County- Wide one-quarter of one percent (0.251) use tax in accordance with the provisions of Article 2, Title 29, C.R.S., for the privilege of using or consuming in Arapahoe County any construction and building materials purchased at retail and for the privilege of storing, using, or consuming in Arapahoe County any motor and other vehicles, purchased at retail on which registration is required, effective throughout the incorporated and unincorporated portions of Arapahoe County, subject to the following terms and conditions: A. Exemptions from the Use Tax. 1. Storage, use, or consumption of any tangible personal property the sale of which is subject to a retail sales tax _imposed by Arapahoe County. 2. Storage, use or consumption of any tangible personal property purchased for resale in Arapahoe County either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business. 3. Storage, use or consumption of tangible personal property brought into Arapahoe County by a nonresident thereof for his own storage, use, or consumption while temporarily within the County; however, this .exemption does not apply to the storage, use, or consumption of tangible personal property brought into this State by a nonresident to be used in the conduct of a business in this State. 4. Storage, use, or consumption of tangible personal property by the United States government, or the State of Colorado, or its institutions, or its political subdivisions in their governmcital capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions. 5. Storage, use, or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for profit, or the use of any article, substance, or cOIIIDOdity, which t angible personal property enters into the , 6 ' .. .. • • 6. ·• • • 0 CJ processing of · or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished and the container, label, or the furnished shipping case thereof. Storage, use, or consumption of any article ·9f tangible personal property, the sale or use of which has already · been subjected to a legally imposed sale or use tax of another statutory or home rule county equal to or in excess of that imposed by Arapahoe County. A credit shall be granted against the use tax imposed by Arapahoe County with respect to a person's storage, use, or consumption in Arapahoe County of tangible personal property purchased in another statutory or home rule county. The amount of the credit shall be equal to the tax paid by the person by reason of the imposition of a sales or use tax of the other statutory or home rule county on the purchase or use of the property. The amount of the credit shall not exceed the tax imposed by this proposal. 7. Storage, use, or consumption of tangible personal property and household effects acquired outside of Arapahoe County and brought into it by a non- resident acquiring residency. 8. Storage or use of a motor vehicle if the owner is or was, at the time of purchase, a non-resident of Arapahoe County and he purchased the vehicle outside of Arapahoe County for use outside of Arapahoe County and actually so used ,it for a substantial and primary purpose for which it was acquired and he registered, titled, and licensed said motor vehicle outside of Arapahoe County. 9. Storage, use, or consumption of any construction and building materials and motor and other vehicles on which registration is required if a written contract for the purchase thereof was entered into prior to the effective date of this use tax resolution. 10 . Storage, use, or consumption of any construction and building materials required or made necessary in the perforaance of any construction contract bid, let, or entered into any time prior to the effective date of the use tax imposed hereunder. B. The use tax iJlposed hereunder shall be applicable to eve ry motor vehicle for which registration is required 7 • l • ' .. ' • • c. ·• • 0 0 by the laws of the State of Colorado, and no registration shall be made of any motor or other vehicle for which registration is required, and no certificate of title shall be issued for such vehicle by the Department of Revenue or its authorized agents until any tax due upon the use, storage, or consumption thereof pursuant to this Resolution has been paid. Collection, Administration, and Enforcement. Except as provided by Section 39-26-209, C.R.S., the use tax imposed hereunder shall be collected, enforced and administered by Arapahoe County, consistent with Arapahoe County's guidelines, policies and procedures, which exist or may hereafter be promulgated not inconsistent with this Resolution. The use tax on construction and building materials shall be collected by the County's Building Division of the Development Services , Infrastructure Management Department, by each municipality or, as may be otherwise provided by intergovernmental agreement, based upon an estimate of building and construction materials costs subaitted by the owner or contractor at the time a building permit application is made. All use tax collected on construction and building materials pursuant to this Resolution shall be distributed to Arapahoe County. All use tax collected on motor or other vehicles pursuant to this Resolution shall be distributed to Arapahoe County. IV. Effective Date-Expiration Date. Open adoption by the electorate at the election on November 4, 2003, the sales and use tax provided herein shall beccme effective and in force at 12:01 a.m. on January 1, 2004, and shall expire at 11:59 p.m. on December 31, 2013, and upon said expiration, all monies remaining in any of the FUnda created hereunder may continue to be expended for the purposes set forth herein until caapletely exhausted. The effective date of this Resolution and the date upon which the ll!pOSition of the sales and use taxes referred to herein begins shall be January 1, 2004. V. ' Necessity for Election. The sales and use taxes impos ed, hereunder ehall not become effective until and unless a majority of the registered electors voting thereon, pursuant to Sections 29-2-103(1) and 29-2-104(5), C.Jr.S., approve the ballot question. A. Ballot Title/Question. The Ballot Title/Question on the County-Wide Sales and Use Tax Resolution that shall be referred to the registered electors of Arapahoe County at the general election to be held on Tuesday, the 4th day of November, 2003, shall be, i n substantially the following fora, with only s uch 8 ' .·., .. • • ·• • • changes as may be determined by the Board of County Commissioners: BALLOT TITLE: WATER, WILDLIFE, OPEN SPACE, TRAILS AND NEIGHBORHOOD PARK MEASURE BALLOT QUESTION: SHALL ARAPAHOE COUNTY TAXES BE INCREASED $17 MILLION ($17,000,000.00) ANNUALLY, AND BY WHATEVER AMOUNTS ARE RECEIVED THEREAFTER, BY A COUNTY-WIDE SALES AND OSE TAX OF ONE-QUARTER OF ONE PERCENT (0.251 OR 25 CENTS FOR EVERY 100 DOLLARS, WHICH WILL NOT BE COLLECTED OH SALES OF FOOD OR PRESCRIPTION DRUGS), AHO WHICH WILL AUTOMATICALLY EXPIRE IH 10 YEARS, IN ORDER TO: • PRESERVE ORBAN AND RURAL OPEN SPACE AND NATURAL AREAS; • PROTECT LANDS THAT PRESERVE WATER QUALITY IH RIVERS, LAKES AND STREAMS; • PROVIDE, MAINTAIN AND IMPROVE NEIGHBORHOOD PARKS, OPEN SPACE, SPORTS FIELDS, PICNIC FACILITIES AND BIKING, WALKING AND MULTI-USE TRAILS; • PROTECT WILDLIFE HABITAT AHO CORRIDORS; • PROTECT VIEWS, VISTAS AND RIDGELINES; • PRESERVE AGRICULTURAL AND RANCH LANDS; AND • ENHANCE AHO MAINTAIN DESIGNATED HERITAGE AREAS; WITH THE REQUIREMENTS THAT EVERY INCORPORATED MUNICIPALITY IN ARAPAHOE COUNTY RECEIVE A PRO-RATA SHARE OF THESE REVENUES BASED ON POPULATION (WITH THE TOTAL SHARE OF ALL MUNICIPALITIES BEING SOI OF REVENUES COLLECTED); THAT EACH MUNICIPALITY SHALL SPEND FONDS SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY CONSISTENT WITH THIS BALLOT ISSUE; THAT NO MORE THAN 31 OF THE TOTAL ANNUAL REVENUES BE USED FOR COOHTY AlltINISTRATIVE COSTS; THAT THE COUNTY'S PROGRAM EXPENDITURES FOR PROJECTS AND GRANTS WILL FIRST BE SUBMITTED TO A CITIZENS ADVISORY BOARD FOR A RECCHtENDATION · TO THE COUNTY COMMISSIONERS; AND THAT THE COUNTY PROGRAM NILL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT, ALL AS SPECIFIED I N RESOLOT~ON 030381. . AND SHALL THE COUNTY BE PERMITTED TO COLLECT, Rb°AIN AND EXPEND ALL REVENUES DERIVED FROM SUCH SALES AND USE TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOOLD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? B. Cost of Election. The entire cost of the election shall be paid from the general fund of Arapahoe County. 9 ' ., .. I . • • • C. Notice by Publication. The Arapahoe County Clerk and Recorder shall publish the text of this Open Space Sales and Use Tax Resolution four separate times, a week apart, in the official newspaper of Arapahoe County and each incorporated municipality within Arapahoe County. D. Election Officer. The Arapahoe County Clerk and Recorde~·, as election officer, shall undertake all measures necessary to comply with the election provisions set forth in Colorado Constitution, Article X, Section 20 (3), including, but not liaited to, the mailing of required election notices and ballot issue sumnaries. E. Conduct of Election. The conduct of the election shall confo%111 so far as is practicable to the general election laws of the State of Colorado. TI. Creation of the Arapahoe County Open Space FUnd. A separate fund, to be known as the •Arapahoe County Open Space Fund· (the ·Fund•), shall be created and 1001 of the revenue derived from the sales and use tax iaposed on the incorporated and unincorporated areas of Arapahoe County shall be deposited thereto to be used solely for the purposes stated herein and as further described more fully below. A. B. For purposes of Colo. Const., Art. X, Section 20, the receipt and expenditure of revenues of the sales tax and use tax shall be accounted for, budgeted and appropriated separately f.rca other revenues and expenditures of Arapahoe County and outside of the fiscal year spending of the County as calculated under Art. X, Section 20, and nothing in Art. x, Section 20, shall limit the receipt and expenditure in each fiscal year of the full aaount of such revenues of the sales tax and use tax, nor shall receipt and expenditure of such revenues affect or limit the receipt or expenditure of any and all other revenues of Arapahoe County for any fiscal year. .. .. Interest frca Revenues and Income Generated from Acquired I.Ands . Interest 9enerated froa the revenues of the sales and use taxes i.llposed herein shAll be used for the purposes stated herein. Incoae 9enerated from the use or lease of preserved lands, natural areas, wildlife habitats, and parks acquired with the sales and use taxes iaposed herein shall be used for the purposes stated herein. 10 ' .. .. • • ·• • VII. Open Space and Trails Advisory Board. If said sales and use tax is approved, the Board of County Commissioners shall appoint an· Open Space and Trails Advisory Board 1•osTAB") within ninety (90) days following approval of the election question. A. OSTAB shall consist of seven members. 8. Each County Coaaissioner shall appoint one resident of his/her commissioner district to serve as an OSTAB member. c. The Board of County COllllli.ssioners shall appoint two Arapahoe County residents as at-large members. o. OSTAB members shall serve three-year tems of office, except the initial tex,a of three of the seven members shall be for two years. Members may be re-appoi~ted to no 1DOre than two successive ta.ems. E. OSTAB members shall serve at the pleasure of the Board of C~unty Coaaissioners. F. Mellbers shall not be compensated for their services. G. Mellbers shall act in accordance with law, including Colorado c,onflict of interest laws applicable to public bodies. No member shall vote or participate in the application process regarding an acquisition or expenditure in which he or she has a financial or ownership interest, or where he or she has an ownership interest in an adjacent property. H. I. OSTAB shall meet quarterly, beginning the first quarter of 2004, or as necessary, to review proposed projects and perform other duties in accordance with this Resolution. OSTAB shall aalte reccaaendations to the Boarl of County Commi~sioners regarding the distribution of · revenue collected froa the Open Space Sales and Use Tax, in accordance with the guidelines aet forth in this Resolution. VIII. Distribution of Sales and Ose Tax Revenue. The revenue collected from the Open Space Sales and Dae Tax shall be 11 ' . .. .. • • 0 0 distributed and administered in the following manner and subject to the definitions and conditions as set forth in this Resolution: A. The annual revenue from the Open Space Sales and Use Tax shall be distributed according to the percentages as set forth below. Expenditure of said revenue is governed by the provisions set forth in section VIII. B. Shareback to all incorporated municipalities or portions thereof based on the population of the incorporated municipality or portions thereof in Arapahoe County versus total population · of incorporated areas in Arapahoe County County Open Space Prograa funds to be used as f~llows: County Administrative Costs Available as grants to incorporated municipalities and special districts within Arapahoe County Designated Arapahoe county Heritage Areas Maintenance of County Open Space Acquisition of open space and/or interests in open space to include for the development of multi-use trails Total distribution by percentages of Open Space Fund created by Open Space Sales and Ose Tax 31 121 3.51 3.241 28.161 SOI • . 1001 County Administrative Costs are those costs necessary for the County to administer the distribution of funds, to include distribution of Shareback runds; development, creation, oversight and aonitoring of and compliance with Intergovernaental Agre.-nts (•tGAs•); 12 ' ... •' • • --- C. • grant review and distribution of grant funds; site reviews for grants and review of certified · Annual Municipal Reports, as well as to administer the County' s own Open Space Program, excluding maintenance, as set forth more fully below. Shareback Funds are those monies distributed to the incorporated municipalities wholly and/or partially in Arapahoe County for open space uses as more fully set forth below. 1. These funds will be distributed to each incorporated municipality within or partially within Arapahoe County based on the . population within said jurisdiction in Arapahoe County and the total incorporated population of Arapahoe County. 2. The population figures will be updated annually based on the official figures provided by the Demography Section of the Colorado Departaent of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section. 3. The Shareback Funds will be distributed on an annual basis to each incorporated municipality, wholly or partially within Arapahoe County, provid,!ld that: a. The incorporated municipality baa entered into an lntergovernaental Agreement ( IGA) with the Board of County COllllllisaionera. b. Such required IGA reflects the teXDlS, conditions, intent and purpose of this Resolution consistent with the guidelines as set forth in Section VIII (C) and (E) below. c. Shareback FUnds uy be used for the .open apace uses as set forth in Section VIII (E) below. d. , . In addition, Shareback FUnds uy be used to purchase and/or deTelop and/or i.Jlprove existing neighborhood parka and/or aport• fields. 13 ' • • 0 e. Further, an incorporated municipality may use up to ten percent (101) of its Shareback Funds distributed by the county annually to maintain existing or new open space properties, neighborhood parks and sports f. fields. Incorporated municipalities may bank Shareback Funds from year to year as long as such funds are expended in accordance with the purposes set forth in this Resolution, and such is noted in the Annual Municipal Expenditure Report as set forth in Section VIII {C) (3) {g) • g. Every December 31st, each incorporated municipality, which received Shareback Funds, 11111st certify and submit in · writing, to the Board of County commissioners, that the funds were used in conformance with this Resolution and must detail the expenditures of its Shareback Funds-Such submission shall be called the Annual Municipal Expenditure Report. h. If Shareback Funds are not used in accordance with the provisions and guidelines set forth in this Resolution and/or are used in violation of the te:cms and conditions. of the IGA, the offending incorporated municipality will be ineligible for future Shareback Funds, unless and until a compliance plan is submitted by the offending municipality to and approved by the Board of County comaissioners. i. If the offending municipality fails to submit a compliance plan approved by. the Board of County ccaaissioners or fails to meet the requireaent• of the Board of county coaaissioners' approved compliance plan, then the Share of the non-complying entity will be distributed, t,ased on annual population figures, aaonCJ the other participating incorporated aunicipalities. 14 ' .... .. • • - 0 0 (J 0. The County Open Space Program shall have the following components: 1. 2. Grant Program. The County shal1 have funds, as specified above in Section VIII (Al, available for distribution in the form of grants to incorporated municipa1ities; specia1 districts, which provide recreational services or amenities; and recreation districts. Said grants sha11 be used for the purposes specified in Section VIII (C) (3) (d) or VIII (E) (1), and in accordance with the guidelines set forth in this Resolution. a. Those entities having proposals consistent with the guidelines as set forth in this Resolution aay submit . their grant applications to OSTAB. b. OSTAB and County staff shall review the grant applications and make reccaaendations to the Board of County COllllissioners regarding the approval, conditional approval or denial of each application. c. The Board of County eo..aissioners then shall approve, conditionally approve or deny the grant application. d. If the County distributes less than 121 of the Open Space Sales and Ose Tax as designated for grants, the reaaining portion shall be retained by the County to be used for purposes set forth in Section. VIII (0) (5) below. Designated Heritage Areas. The Board of County Camdssioners shall authorize expenditure of funds for Designated Arapahoe County Heritage Areas (•Designated Heritage Areas•) located in unincorporated Arapahoe County. : a. A Designated Heritage Area is defined as lands or structures which have a cultural or historical significance to Arapahoe County, such as a historic property or a future fairgrounds. 15 ' .. .. • • -· 3. 4. ·• • 0 b. The Board of County Conanissioners shall consider designating land or a structure as a Designated Heritage Area after OSTAB and County staff have reviewed and made reconunendations on a proposal for such an area. c. d. Before it designates a Designated Heritage Area, the Board of County Commissioners shall conduct a public hearing on the proposal. Funds allocated to Designated Heritage Areas may be used for maintenance of structures and grounds, as well as for future improvements and operations. Funds may not be used for construction of new buildings.~- e. If the County uses less than the allocated funds ~or Designated Heritage Areas, the remaining portion shall be retained by the County as set forth in Section VIII (D) (5) below. Open Space Maintenance. The County may use funds, as specified in Section VIII (A), for maintenance of County Open Space, to include trails. a. Open Space maintenance funds may~ be used for maintenance of Designated Heritage Areas if said areas' maintenance is funded under the Designated Heritage Areas portion of the County's program. b. If the County uses less than the allocated amount in the Fund for maintenance, the remaining portion shall be retained by the County as set forth in Section VIII (D). (5) below. • Acquisition of Open Space and Trail Development. The County shall use the percentage of tbe Fund, as specified in Section VIII (A) above, to acquire open space or interests in open space and develop trails. Monies in this category may be 16 ' . .. .. • • s. 6. banked for future acquisitions and/or projects, consistent with Section VIII (D) (5). If the allocated funds for the County administrative costs,. grants, Designated Heritage Areas, County open space maintenance and/or acquisition of open space or interests in open space or trail development are not expended by December 31st of each year, County staff shall bank such funds according to the aforementioned uses. At any time, County staf:f shall recc:maend to OSTAB the use of such banked funds for the purposes so designated and/or for acquisition of open spa~e or interests in open space and/ or trail purposes. OSTAB and County staff shall make recC11Dendations on the use of the unexpended funds to the Board of County Ccmaissioners. The Board of County Colllllissioners then will accept or reject OSTAB .' s and/or County staff's recC11111endations and/or designate the monies to be expended in a manner consistent with this Resolution. On an annual basis, the County will hire an independent auditor to audit the County's expenditures of the Fund. E. · Additional Guidelines for Use of Funds: 1. Revenues collected froa the Open Space Sales and Use Tax may be used in the following manner: a. To acquire fee title interest in real property for the purposes provided herein; b. c. To acquire less than fee interests in real property for the purposes provided herein; such as easements (including conservation and agricultural), future interests, covenants, development rights, subaurkace rights and contractual rights, either on an exclusive or nonexclusive basis; To acquire connection herein; , water rights for with the purposes 17 use in prodded ' -~ .. • • • -· • d. To acquire lands that preserve urban and rural open space; natural areas; agricultural and ranch lands; water quality; lakes; rivers; streams; corridors of rivers and streams; views; vistas; ridgelines; wildlife habitat and movement corridors; trail corridors; flood plains and wetlands; e. f. To acquire lands that are maintaining COJIIIIUJlity identity; buffers To acquire lands for outdoor recreation purposes limited to passive recreational use, including but not limited to hiking, snowshoeing, photography, nature studies, and if specifically · designated, bicycling, horseback riding, hunting and fishing; g. To acquire lands with other important values such as historic sites that contribute t o the County's and County municipalities' natural and cultural heritage; h. i. To acquire rights-of-way and easements for trails and access to public lands, and to build and improve such · trails and access ways; To allow expenditure of funds, consistent with the guidelines set forth in this Resolution, counties districts for joint projects between and municipalities, special which have a recreational component, recreation districts, or other governmental entities in the County; j . To improve, restore and/or protect open space lands as provided herein; k. To man£ge, patrol and maintain those lands as provided herein; l. To pay for construction, improvements; 18 related equipment, acquisition, and/or t • • 2. ·• • • 0 m. To allow for construction of picnic facilities in a manner consistent with the purposes of this Resolution; n. To allow for the funding of environmental education programs in a manner consistent with the purposes of this Resolution; o. To implement and effectuate the purposes of the Open Space Program. No land or interests acquired with the revenues of the Open Space Sales and Ose Tax may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or peCllit on such land or interests be given, without such approval by the governing body of the entity having received any portion of the ~und, after conducting a public hearing. 3. If the Board of County Comaissioners sells land or interests as specified in paragraph 2 above, the proceeds shall be deposited with the Open Space FUnd. 4. If any incorporated municipality; special district, which provides recreational services or amenities; or recreation district, sells land or interests as specified in Paragraph 2 above, the proceeds shall be deposited in a fund to be used for purposes consistent with this Resolution. IX. Repeal and Amendment A. If this Resolution is approved by a majority of the registered electors of Arapah~~ County at the election to be held on November 4, 2003, its provisions relating to the amount of tax imposed, specifically the one- quarter of one percent (0.251) sales tax specified in Section I I and one-quarter of one percent ( 0. 251 >·· use tax specified in Section III, the provisions relating to the deposit and expenditure of revenue as set forth in Section VI, and the provisions of Sections VII and VIII, shall not be repealed or aaended except by a vote of the registered electors of the County. 19 t .. • • C • B. 0 Except as provided in subsection A. hereof, or as otherwise provided in.Article 2 of Title 29, C.R.S., the provisions of this Resolution may be repealed or amended, subsequent to its adoption of the sales and use tax by a majority of the voters of Arapahoe County,· by a majority vote of the Board of County Commissioners, and such repeal or amendment need not be submitted to the registered electors of the County for their approval. X. Miscellaneous A. Limitation on Amount of Tax. In the event the 6. 91 percent limitation provided in Section 29-2-108, C.R.S., were to be exceeded in any incorporated municipality within the County by the sales and use tax imposed by this Resolution, such limitation shall be exceeded by no 110re than one percent in said incorporated municipality. a. Severability. If any section, paragraph, clause, or provision of this Resolution, or the ballot question submitted to the registered electors at the election provided in Section V above, shall be adjudged to be invalid or unenforceable, the invalidity or enforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution or said ballot question. It is the intention of the Board that the various parts of this Resolution and said ballot question are severable. The vote was 5-0: COlllllissioner Mackenzie, yes; Coanissioner Vickrey, yes; Commissioner Myers, yes; COlllllissioner Beclcman, yes; Commissioner Zinlller, yes. The Chair declared the motion carried and so ordered. PASSED AND ADOPTED this 17~ day of June, 2003,: in Littleton, Arapahoe County, Colorado • 20 ' ..• • • D COUNCIL COMMUNICATION Date: Agenda Item: Subject : July 12, 2004 11 Ci Sex Offender Registration Fees Initiated By: Staff Source: Safety Services Department Byron Wicks, Commander COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Resolution to allow the Director of Safety Services to charge fees to offset the expense of registering sex offenders. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Colorado Statutes require that certain persons, who have been convicted of an offense involving unlawful sexual behavior, register with the local law enforcement agency within which that person lives . This registration must be completed within five business days after release from incarceration. The offender must also re-register on his or her birthday every year and submit a written registration cancellation whenever the offender moves out of the jurisdiction. Because of these requirements, the Safety Services Department must be staffed to provide these services. There are approximately 73 registered sex offenders in the City of Englewood at this time. C.R.S. 16-22-108(6) mandates that persons who are subject to mandatory registration with the police department as sex offenders shall bear the cost of the photograph or image and finge rprin ting requi re d for registration . C.R.S . 24-72-306(1) allows fees to be charged for the search, retrieva l and copyi ng of Criminal Justice Records. Th e c osts o f registering sex offe nders and respon ding to requests from the public for information on reg istered sex offenders are substan tial and should be reim bursed to the City. FINANCIAL IMPACT Th e fees shou ld offset the cos t to the City. LIST OF ATTACHMENTS Survey ot similar fees in the metro area Pr o p os ed Resolution ' ... • • ·• • • • .. · -, ... • . ,· l •, ... . ~-. .. . ) . . .. " .. . , . .,. . . ' .... ~ . .. :• · . .. .. : ..... ·... i '·. . ' .... • • -.J . \, . .. . ., •. ,--------~-----'-~~--=:..__.._;. }· '~' .. : :~--·~~ Police Aaencv Adams County S. O. Araoahoe Cnty s.o. Aurora Police Castle Rock Police Colorado S0rin11 PD Denver Police Doullas County S. O. El Paso Countv S. O. Fort Collins SEX OFFENDER REGISTRATION SURVEY OF FEE CHARGED IN COLORADO 2004 Contact Fee NAME DATE YES NO Initial$ Re-Rea$ Detective SCOTI' FITZGERALD 720-322-1233 02/03/2004 NO Detective BRAD ZBOROWSKI 72()-874-4m." 02 YBS •-..oo •11a:...oo Detective Ted Anderson 303-739-6130 02/0'.t/2CVlA NO Laun Smith 303-663-6140 02/03/200. YBS $10.00 Birthdav i!;..00 MOnlC8 Adams 719-444-7521 02/04/2004 YBS '20.00 '20.00 Detective Rick Sneider i720·913-6156 02/03/200. NO Janell McDonald $15-00 Birthday 'l00-814-'7003 02:-·----YBS Annual or OtrlY $2.00 Left IIIP.!IUff 02 ,_ ·--· Kay Brunmeier 1010-2:u-6'.6<> -· ·-NO ,10.00 Kathy Meak:k, Officer l'qlrprint COMMENTS Commissioner approved hiring t add1 person for S. O. home visits - warrants etc. Annually -$75. for Mlademeanors 11tinks there should be a charxe Currently conducting a survey and will begin chargi ng after approved by City Council Under discussion Larimer Countv S. 0 , --100 _, __ , ___ Y!S h.o<>Pholo Sa.oo Photo Littleton Police Terri Gnham. SecretllY -·-··-· NO · OIUCS l'll!ftle Sheridan Police l'IOO-XM6 --·-·---Y!S bux> &2.IUX> Started Jan. 2004 Thornton Police Denny Robin I 11!11 --NO 1~·--· YES t #ofS.O.'s 236 130 'i'l" 28 1,000 1225 97 142 • '.\.'iO 6.'i l~ RESOLUTION NO. SERIES OF 2004 -- A llESOLUTION ESTABLISHING FEES AND CHAB.GES FOR. THE CITY OF , ENGLEWOOD SAFETY SERVICES DEPARTMENT RELATED TO THE REGISTRATION OF SEX OFFENDERS . WHEREAS, 24-72-306( I) C.R.S. allows fees to be charged for the search, retrieval and copying of Criminal Justice Records ; and WHEREAS, 16-22-108(6) C .R.S . mandates that persons who are subject to mandatory registration with the Police Department as sex offenders shall bear the cost of the photograph or image and fingerprinting required for registration; and WHEREAS, the cost of registering sex offenders and responding to requests from the public for information on registered sex offenders are substantial and should be reimbursed to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . That the fees charged by the City of Englewood, Colorado Safety Services Department for services related to the registration of sex offenders and for the search retrieval and copying of criminal justice records related to registered sex offenders as set forth in Exhibit A, shall be established and shall be effective immediately unless amended or repealed by resolution of the City Council of the City of Englewood, Colorado. ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, ('.,olorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2004. Loucrishia A . Ellis, City Clerk • • EXHIBIT A Proposed Fees and Charges Related to the Registration of Sex Offenders Schedule of fees Sex Offender registration program Service/Item Individual registration as a sex offender pursuant to Colorado law (includes all required re-registration or confirmation of registration as a sex offender) including photographing and fingerprinting . Printed reports regarding registered sex offenders Cost/F'ee $20.00 Standard search and copying costs as set by the Englewood Safety Services Policy. EXHIBIT A Proposed Fees and Charges Related to the Registration of Sex Offenders Schedule of fees Sex Offenderngistration program Service/Item Individual registration as a sex offender pursuant to Colorado law (includes all required re-registration or confirmation of registration as a sex offender) including photographing and fingerprinting . Printed reports regarding registered sex offenders Cost/Fee $20.00 Standard search and copying costs as set by the Englewood Safety Services Policy. • • RESOLUTION NO. __ SERIES OF 2004 A aESOLunON ESTABLISHING FEES AND CHAR.OES FOR THE CITY OF t ENGLEWOOD SAFETY SERVICES DEPARTMENT RELATED TO THE REGISTRATION OF SEX OFFENDERS . WHEREAS , 24-72-306( I) C.R.S. allows fees to be charged for the search, retrieval and copying of Criminal Justice Records ; and WHEREAS, 16-22-108(6) C.R.S. mandates that persons who are subject to mandatory registration with the Police Department as sex offenders shall beor the cost of the photograph or image and fingerprinting required for registration; and WHEREAS, the cost ofregistering sex offenders and responding to requests from the public for information on registered sex offenders are substantial and should be reimbursed to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I. That the fees charged by the City of Englewood, Colorado Safety Services Department for services related to the registration of sex offenders and for the search retrieval and copying of criminal justice records related to registered sex offenders as set forth in Exhibit A, shall be established and shall be effective immediately unless amended or repealed by resolution of the City Council of the City of Englewood, Colorado. ADOPTED AND APPROVED this 12th day of July, 2004. ATTEST : Douglas Garrett, Mayor Lo ucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2004 . Loucrishia A. Ellis, City Clerlt ·'-' .. • • • Date July 12, 2004 Initiated By COUNCIL COMMUNICATION Agenda Item 11 C ii CJ . Subject Collective Bargaining Agreement Between the City and the EFFA for 2005 and 2006 Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Council for 2003 and 2004. RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 2005 and 2006. The contract covers approximately 45 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 2004 in accordance with the City of Englewood Charter. The members of the Englewood Fire Fighters Association duly ratified, by a majority vote, the Collective Bargaining Agreement Th e significant changes to the contract are as follows : 1. A 1.12% increase on 2004 wages will be granted on January 1, 2005. 2. A 1% in c rease on 2004 wages will be granted on July 1, 2005, providing the City has met certain reve nue c ollections . ' 3. A 1% increase on 2004 wages will be granted on October 1, 2005 providing the City has met certain revenue collections 4. Two in cre ases will be granted in 2006, on January 1 and July 1, based on: 1) A salary survey to be condu cted in 2005 to determine the market rate, and 2) The City's revenue situation. t ' .. .. • • FINANCIAL IMPACT The impact of the salary increase on wages will be approximately $45,000 for 2005. The impact of the salary increase on wages for 2006 will be dependant upon the market differential determined by the 2005 salary survey and the City's financial situation. Each 1% increase to wages will cost approximately $25,000. Additional costs associated with the wage changes (Medicare and Pension match) will be approximately $4300 for 2005, for a total of $49,3CO. Additional costs associated with 2006 wage changes will not be know until the actual wage changes are calculated in 2005. LIST OF ATTACHMENTS EFFA Collective Bargaining Agreement for 2005 and 2006. • • RESOl..tmON NO. SERIES OF 2004 A 'RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I, 2005 THROUGH DECEMBER 31, 2006. WHEREAS, the Englewood City Council authorized the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the years 2003 and 2004, by the passage of Resolution 78, Series of 2002; and WHEREAS, Resolution 78, Series of 2002, provided for a "wage re-opener" in 2003 for 2004 wages; and WHEREAS, the members of the Englewood Firefighters Local No. 1736 duly ratified, by a majority of the members, the Collective Bargaining Contract for 2005 -2006; and I WHEREAS, the significant changes to the contract are: a 1.12% increase on 2004 wages will be granted on January I, 2005; a 1% increase on 2004 wages will be granted on July 1, 200S, providing the City has met certain revenue collections; a I% increase on 2004 wages will be granted on October l, 2005, providing the City has met certain revenue collections; and two increases will be granted in 2006, on January I and July I, based on I) a salary survey to be conducted in 200S to determine the market rate, and 2) the City's revenue situation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby approves the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the period of January 1, 2005 through December 31, 2006, attached hereto as Exhibit A. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood, Colorado, for the years of2005 and 2006. ADOPTED AND APPROVED this 12m day of July, 2004. AlTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2004 . Loucrishia A. Ellis .. ' ..• • • COLLECTIVE BARGAINING CONTRACT I BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2005 AND 2006 • • INDEX ARTICLE 1 RECOGNITION Page 3 ARTICLE 2 EMPLOYEE RIGHTS Page 4 ARTICLE 3 BULLETIN BOARDS Page 5 ARTICLE 4 DUES DEDUCTION Page6 . t ARTICLE 5 RULES AND REGULATIONS Page 7 ·• .. ARTICLE 6 DURATION OF CONTRACT Page 8 .. ARTICLE 7 HOURS OF WORK Page9 ARTICLE 8 COMPENSATION Page 10 ARTIC LE 9 OVERTIME Page 12 ARTICLE 10 ACTINGPAY Page 14 ARTICLE 11 ANNUAL LEA VE Page 15 ARTICLE 12 PERSONAL LEA VE Page 16 ARTICLE 13 SHORT TERM DISABILITY -STD Page 17 ARTICLE 14 WORKERS' COMPENSATION Page 19 ARTICLE 15 MILITARY LEA VE Page 20 ARTIC LE 16 FUNERAL LEA VE Page 21 ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page22 ARTICLE 18 HOLIDAYS Page 23 ARTICLE 19 VOTING LEA VE Page24 ARTICLE 20 TRADING TIME Page 25 ARTICLE 21 UNPAID LEAVE S OF AB SENCE Page 26 • • I N r: x (CONTINUED) ARTICLE 22 UNIFORMS Page27 ARTICLE 23 MILEAGE REIMBURSEMENT Page 28 ARTICLE 24 INSURANCE Page 29 ARTICLE 25 LIFE INSURANCE Page 30 ARTICLE 26 RETIREE HEALTH INSURANCE REIMBURSEMENT Page 31 ARTICLE 27 LAYOFF Page 32 ARTICLE 28 TIJITION REIMBURSEMENT Page 33 ARTICLE 29 SETTLEMENT OF DISPUTES Page 34 ARTICLE 30 SUPPLIES Page37 ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS Page38 ARTICLE 32 DEATH AND DISABILITY ASSESSMENT Page 39 ARTICLE 33 EXCLUSIVENESS OF CONTRACT Page40 ·• • COLLECTIVE BARGAINING CONTRACT BETWEEN 0 LJ THE ENGLEWOOD FIREFIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2005 AND 2006 This contract is entered into by and between the City of Englewood (hereinafter referred to as the "City") and the Englewood Firefighters (hereinafter referred to as the "Union"). I It is the purpose of this contract to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the United States, the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The determination ofFire Division policy including the right to manage the affairs of the Fire Division in all respects. B. The right to assign working hours, including overtime. C. The right to establish, modify or change work schedules, manning of apparatus, amount of apparatus in the main or reserve fleet, etc. D. The right to direct the members of the Fire Division including the right to hire, promote, transfer or discipline or discharge for cause, any firefighter within the Fire Division. E. The table of organization of the Fire Division including the right to organize and reorganize the Fire Division in any manner it chooses, including the size of the Fire Division and the detennination of job classification and ranks based upon duties assigned. • F. The determination of the safety, health and property protection measure for the Fire Division. G. The allocation and assignment of work to all firefighters within the Fire Division. H . The determination of policy affecting the selection or training of firefighters . I. The scheduling of operations and the determination of the number and duration of hours of assi gned duty per week . ' ... .. • • -- J . The establishment, discontinuance, modification and enforcement of Fire Division rules, regulations and orders. K. The transfer of work from one position to another within the Fire Division. L. The introduction ofnew, improved or different methods and techniques ofoperation of the Fire Division or a change in the existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N . The determination of the number of ranks and the number of firefighters within each rank. 0. The determination of the amount of supervision necessary. 2 • ' ·~ .. • • ARTICLE 1. RECOGNITION The City recognized the Union as the organization certified pursuant to the Charter of the City ofEnglewood, as the sole and exclusive collective bargaining agent for all full-time classified Englewood Firefighters including Firefighter, Driver-Operator-Engineer, Firemedic and Lieutenants . The City agrees that it will not decertify or withdraw recognition of the Union as a result of any member of the bargaining unit serving temporarily in an acting capacity in a position outside of the bargaining unit. 3 • • ARTICLE 2. EMPLOYEE RIGHTS See Article XV, "Englewood Employee Relations and Career Service System Act -1981" of the Home Rule Charter of the City of Englewood. Exhibit 1 · See related City Of Englewood Policies: • # 6 Equal Employment Opportunity/Harassment • #47 Violence In The Workplace ... 4 Exhibit II Exhibit ill • t • • • - ARTICLE 3. BULLETIN BOARDS/UNION ACTIVITY A. The City agrees to provide space in the fire station for Union bulletin boards that shall be properly maintained by the Union. They are to be used for the following notices: 1. 2. 3. 4. s. Union meetings. Union elections. Reports of Union committees. Rulings of policies of the International Union. Recreational or social affairs of the Union. B. The Union agrees that there shall be no other general distribution or posting by the Union or employees upon City property, provided, however, the Director of Safety Services may pennit other material not provided for above at his/her discretion to be posted or distributed. The material posted shall not contain anything reflecting derogatorily upon the City, any ofits employees, or any other organization of City employees. The City agrees that during working hours on City premises and without loss of pay, Union members may be allowed to: attend Union and/or management meetings, post Union notices, solicit Union membership during employee's non-work time, and one on-duty representative will be allowed to assist an employee on grievances, or appeals, provided advance notice is given to the Director and the work load permits. The City shall provide relief for Unio':1 negotiators who are on duty during scheduled negotiating sessions. ... ... .. • t • ARTICLE 4 . DUES DEDUCTION A. The City agrees to deduct the Union dues from each bi-weekly paycheck of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Director of Human Resources by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Director of Human Resources. B. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, IDltil notified by the Treasurer of the Union. C. The Union shall indemnify and hold the City bannlcss against any and all claims, suit, orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provision ofthis Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided to the City Director of Human Resources. E. Should the change in the deduction amount or method require a computer programming change, the Union shall be respon11ble for the cost of such change or changes, at $30.00 per hour with a four (4) hour maximum. Payment from the Union shall be made to the City Director of Finance and Administrative Services within ten (10) days of receipt ofbilling. 6 • • ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express tenns of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure. B. The City agrees to consult with the Union concerning the fonnulation of changes of rules and regulations, policies, procedures and directives. 7 ARTICLE 6. DURATION OF CONTRACT A. This contract shall take effect on January l, 2005 and shall continue in force to and including December 31, 2006. It has been agreed upon by both parties that paid time off(Article 11, Annual Leave, Article 12, Personal Leave, Article 13, Short Tenn Disability, Article 16, Funeral Leave and Article 18, Holidays) will be discussed by Management and the Union and mutually agreed upon changes made during the term of this agreement B. This contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties . C. If any article or section of this contract should be held invalid by operation oflaw or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. ' E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this contract. • • • ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating buis ofBerltley system. B. Employees assigned to non-shift work shall normally be scheduled for an average of at least forty ( 40) hours of work in seven (7) consecutive day reoccurring work cycles. C. It is specifically 1U1derstood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week. D. The schedule may be changed by the Director of Safety Services provided a minimum nine (9) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services. 9 • • 0 0 ARTICLE 8. COMPENSATION A. For the period January 1, 2005 through June 30'2005, the rate schedule is as shown below. This schedule represents a 1.12% increase over the 2004 rate. For the period July l, 2005 through September 30, 2005 an additional 1 % ( calculated on the 2004 rate) will be granted per the schedule below, but only if the City's revenues meet the projections as described in Appendix B. • An additional 1 % increase will be granted pn October 1, 2005 for the period October 1 through December 31, 2005 but only if the City's revenues meet the projections as described in Appendix B.* Regular Straight Regular Straight Regular Straight Time Time Time Hourly Rate Hourly Rate Hourly Rate 1/1/05 to 6/30/05 7/1/05 to 9/30/05* 10/1/05 to 12/31/05* $13.52 13.65 Firefighter (probationary) $13.39 Firefighter m $15.24 $15.39 $15.54 Firefighter II $16.76 $16.93 $17.10 Firefighter I $18.44 $18.62 $18.80 Firemedic ill $17.52 $17.69 $17.86 Firemedic II $19.32 $19.51 $19.70 Firemedic I $21.27 $21.48 $21.69 Driver/Operator/Engineer $20p $20.47 $20.67 Lieutenant $22.31 $22.53 $22.75 B. Wages for 2006 will be based upon the 2005 Salary Survey as described in Appendix B. C . The pay rates identified in Section A. are calculated to provide 100/o separation between each rank from Firefighter ill through the rank of Lieutenant. The benchmark for this calculation is Firefighter I. FIREMEDICS 1. In addition to their regular hourly wage rate, qualified employees holding a rank of Firefighter (FFI, FFl1 , FFill) who are assigned and authorized by the Director of Safety Services to i$erfonn on a regular basis Firemedic duties shall receive a 15% wage increase over and above the affected employees' hourly rate, which shall be considered pensionable wages. to t ... • • 2. In addition to their regular hourly wage rate, qualified employees holding the position of Driver-Operator-Engineer (D-0-E) who maintain a current paramedic certification (EMT-P) shall receive a 2Yz% wage increase over and above the affected employees' regular hourly rate, which shall be considered pensionable wages. Any D-0-E who is EMT-P certified and is assigned as a Firemedic shall receive an hourly rate for actual hours worked commensurate with the position ofFiremedic I. D. The methodology used in determining the hourly, premium/overtime and annual compensation is contained in Appendix A. E. In addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive: • $.41 per hour (which shall be considered pensionable wages) and • shall be eligible for discretionary Merit Pay ofup to $600 each year, payable as set forth in Paragraph E (2). F. (1) Each employee appointed by the Director of Safety Services to one of the following assignments shall be eligible for Merit Pay in an amount determined by the Director, up to a total ofSl,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader Safety Education Team Leader or other assignments as detennined by the Director of Safety Services after consultation with the Union. (2) Such Merit Pay shall be awarded in the exercise of the Director's discretion, based upon specific performance criteria developed by the Director and made available to employees. Merit Pay shall be detennined and paid semi-annually, no later than June 1 and December 1 each year . 11 • t .. • • ·• • ARTICLE 9. OVERTIME A. Standard Overtime . 1. Upon detennination that the reporting of assigned personnel to the duty shift is below the City established level, the call to off-duty personnel for overtime will be made. 2 . Non-exempt employees covered by this contract working in positions other than their actual rank arc counted in acting capacity. In the event requirements necessitate positions be filled with actual rank, personnel of said rank will be ordered in. 3. Non-exempt employees covered by this contract shall receive overtime compensation for work performed over and above the assigned work schedule. Any overtime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. All overtime compensation shall be calculated at time and one-half(l \/2) of the employee's regular wage rate. 4 . The person working overtime will be paid actual hours worked for that position which he/she fills . The method used to select Firefighters to work overtime situations will be contained in procedures published by the Director of Safety Services. The procedures will provide a fair and equitable distribution of overtime among bargaining unit employees. The procedure will contain a selection process whereby an eligible individual will not forfeit his/her position in the selection process if: less than a twelve- hour block of time is worked; if the employee is sick or on annual leave; or if this would require the employee to work seventy-two (72) consecutive hours, or more. Refusal for sickness will be accepted only if the employee was absent the last duty day due to illness or short term disability leave. Annual leave is the period of time from the end of the last day worked until the employee returns to duty. However, if an employee is on annual leave, he/she has the option to work on any but his/her own shift. 2. lfno off-duty personnel wish to work, the Shift Commander will order in the first person he/she contacts following the normal rotation. lfthe overtime person is not at the assigned station by the beginning of the shift, the person held over from the previous shift shall be given overtime in quarter (Y.) hour increments. 3 . If at any time during the shift the absent personnel returns to duty, the officer in charge will relieve the person who came in to work that overtime position. The person working the overtime will be paid a minimum of two (2) hours worked. If more than two (2) hours are worked, his/her time will be computed to the nearest next half (\/2) hour. 7. No one other than the Director of Safety Services, the on-duty Shift Commander, or acting Shift Commander, Union representative, at the request of the employee, with the employee and management personnel present, shall have access to or review the overtime cards. Any person not following this policy or found tampering with the file will be subject to disciplinary action by the Director of Safety Services. 12 ' ... ,• • • B. Emergency Overtime. C. 1. Emergency overtime is defined as a multi-alarm situation or diulter where more than normal manning is required and must be authorized by the Director of Safety Services. 2. When non-exempt employees covered by this contract work overtime on m emergency call back basis, that overtime shall be computed on a forty (40) bow duty week wage basis. Combined overtime. · 1. When a non-exempt employ.:e covered by this contract is worlcin1 a standard overtime shift and responds to m emergcnc:y with other employees called in on emergency overtime, be/she will be compenuled on tbe emeagency overtime balia durin1 the period of that emergency. 13 t .. • • • ARTICLE 10. ACTING PAY The following acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay. The employee becomes eligible for acting position compensation immediately upon assumption of responsibility of the position. Acting assignments will be made according to the following procedure: Acting D.O.E. First Priority -Eligibility List Second Priority-Personnel with DOE Check Off List Third Priority -Discretion of Shift Commander Acting Ljeutegapt First Priority -Eligibility List Second Priority-Personnel with Lt. Check Off Lilt Third Priority -Discretion of Shift Commander ,, • t .. 0 ARTICLE 11. ANNUAL LEA VE A. Shift work employees shall be entitled to annual leave according to the following schedule: Hourly Hourly Accumulation Accumulation Annual Total PcrMon!b Per Pay Period Hours Shifts 0-4 years continuous service 13 hours 6 hours 156 6.5 (through 48 months) 5-9 years continuous service 15 6.92 180 7.5 l 0-14 years continuous service 19 8.77 228 9.5 15-19 years continuous service 21 9.69 252 10.5 20+ years continuous service 23 10.62 276 11.5 ~ Annual leave shall not be granted to any employee until he/she has been in the employ of the City for at least six months. 1 B. The maximum accumulation of annual leave shall be two (2) times the employee's normal annual leave accumulation. C . Method of Selection -The selection for use of annual leave shall be by seniority. The first round of selection begins by those employees with greatest seniority choosing first and those with less seniority choosing last. The second round of selection will begin with those having less seniority choosing first and those with more seniority choosing last. D . Use -The schedule for use of annual leave shall be determined by the needs of the Department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety Services. When an employee has scheduled annual leave through the normal method of selection and is subsequently transferred to another shift, the City shall accommodate said employee's original annual leave selection when not to do so would result in financial loss due to cancellation of travel arrangements. E. Annual Leave Pay -The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave. F. Minimum Usage -There shall be a one (1) shift minimum use of annual leave time for shift workers with the following exception: If an employee covered under this contract has used all of the personal leave provided to him/her for the year, the employee may use annual leave oflcss than one (1) shift as approved and authorized by the Director of Safety Services or the Director's designated representative. G. Annual Leave Pay Upon Separation -Any employee who is separated from the service of the City, i.e ., retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. IS t .. .. • • ARTICLE 12 . PERSONAL LEA VE All shift work employees covered by this contract shall be granted ninety-six (96) hours of personal leave with pay which an employee is entitled to use for the following purposes: A. Employee's own illness/injury B. Illness/injury of employee's family C. To attend to personal business. For any employee who hu not used the ninety-six (96) hours of personal leave, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid according to the prevailing payroll schedule. Personal leave time shall not exceed ninety-six (96) hours nor shall it be accumulated or carried over from one year to the next In the event of illnes,'injury in which personal leave is requested, the employee shall notify his/her supervisor at least one (l) hour prior to the employee's scheduled reporting time. Those employees with balances in the "Compensatory Time Bank" u of January 1, 2001 may exhaust their balances, but no further transfers into the banks will be allowed. 16 • • ·• • • 0 ARTICLE 13. SHORT TERM DISABILITY (STD) A. Definition -Short term disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. B. Provision -During the life of this contract, the City agrees to provide short term disability leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent (100%) of the employee's regular wage up to nine hundred sixty (960) working hours, {one hundred twenty ( 120) days/forty ( 40) shifts.} C. Short term disability leave shall not be accumulative except that on January I of each year, the City shall restore one hundred percent (100%) of tbe number of hours/days/shifts used by an employee during the preceding year up to a maximum of 480 hours, sixty (60) days or twenty (20) shifts. D. Utilization. I . Authorization for short term disability leave with pay shall only be granted after the first shift/day of disability. 2. Authorization for short term disability shall be granted for the illness or injury of the employee not service connected, including maternity related disability. (See related City Of Englewood Policy# 31 ''Family And Medical Leave Policy" -Exhibit IV) E . Sick Leave Option -All sick leave accrued by employees prior to January 1, 1980, shall vest with the employee, and may be used in the following manner: 1. After the hours/days/shifts described above have been used, unless the employee is entitled to retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one ( 1) hour's pay for each two (2) hours of accrued sick leave at tlie employee's regular rate or one (1) hour's pay for each four (4) hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a convers ion of more than four hundred ( 400) hours each year. F . Reporting of Short Term Disability -The employee or a member of the employee's household shall notify the employee's Shift Commander at least thirty (30) minutes prior to the employee's scheduled reporting time. The employee's Shift Commander may waive the reporting requirement depending upon the circumstances surrounding the short term disability. 17 t ... .. ! • • • G. Verification of Disability -If absence from work is in excess of three (3) consecutive work days/shifts, a medical release must be provided by the employee. If the City requires the employee to seek a second opinion, the City will bear the cost of the second examination. H. Abuse of Short Tenn Disability -Abuse of short term disability occurs when an employee misrepresents the actual reason for requesting short term disability or when an employee uses short term disability leave for unauthorized purposes . An employee who makes a false claim for short term disability leave shall be subject to disciplinary action, up to and including termination. 18 ... • • ARTICLE 14. WORKERS' COMPENSATION A For any work related injury/illness which causes any employee to be absent from work, the City shall pay employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under Workers' Compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinations by City-appointed physicians at the City's expense or under the provision of workers' compensations or the retirement/pension provision as provided under State statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit l9 .:.., ... • • ARTICLE 15 . MILITARY LEAVE Military Leave will be granted per the !;ity of Englewood Administrative Policy Manual, #35 "Military Leave Policy" -Exhibit V . 20 • • ARTICLE 16. FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The munber of days/shifts granted shall be governed by the circwnstances of the case, but shall be at least one (1) day/shift and in no event shall they exceed three (3) of the employee's regularly assigned days/shifts. For the purposes of this section "employee's family'' shall mean the employee's spouse, or the children, grandchildren. parents. grandparents. brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City. 21 .• .. ' .. • • ARTICLE 17 . ruRY DtJfY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in bis/her official capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the diffcrenc.c between bis/her regular compensation and the fees received for jury duty or as a witness. When he/she is subpoenaed as a witness in private litigation to testify, not in bis/her official capacity but as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay. Sec City Of Englewood Administrative Policy Manual, #34 "Jury Duty And Witness Service" -Exhibit VI. 22 • • ARTICLE 18. HOLIDAYS A . (1) Shift work employees covered by this contract will be eligible for seventy-two (72) hours of holiday time-off or pay. (2) The payment for holidays will be made in November of each year based on the employee's regular straight time hourly wage rate. Employees must notify the Department by October I of each year, of their intention of receiving holiday pay in lieu of time off. (3) Holiday pay for terminating and new hire employees will be determined on a monthly rro rata buis. (Example: If an employee retires on June 30, 1989, the employee is eligi1>le on a monthly pro rata buis for six (6) months or one-half (Yz) of the seventy-two (72) hours holiday benefit)' B. Forty ( 40) hour employees will not be eligible to receive a holiday pay cashout, but shall receive the days off on the eleven ( 11) officially recognized City holidays provided the employee bu actually worked or had approved paid leave on the day immediately prior to and following a holiday unless otherwise approved by the Director of Safety Services. A shift work employee who is assigned to a forty ( 40) hour assignment during the course of the year will be paid the pro rata holiday pay cuhout in November for the period tliat he wu on shift work. 23 • t • ARTICLE 19 . VOTING LEAVE Voting Leave will be granted per the Cjty Of Englewood Administrative Policy Manual. #39 "Voting Leave" -Exhibit vn. 24 • • ARTICLE 20. TRADING TIME A Employees may be permitted to secure ano~ Firefighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Comm8Dcfcr. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee. Any request for substitutes shall be signed by both Firefighters and approval of the Shift Commander shall also be in writing . B. Trading time shall be governed by the following criteria: 1. The trading of time is done voluntarily by the employees participating in the trade. 2. The reason for trading time is due to the employee's desire or need not because of Fire Division operations, 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting employee with the reason for denial of the request. .. • • ARTICLE 21. UNPAID LEAVES OF ABSENCE Unpaid leaves of absence may be granted per the City OfF!pgJewood AdmjpiR1rativc Policy Manual #38 "Unpaid Leave of Absence" -Exhibit VIlI. 26 ARTICLE 22. UNIFORMS A. (1) If an employee is required to wear a uniform and/or safety equipment, the employee shall wear the uniform and/or safety equipment only u authorized or required by the division work rules. All employees shall maintain a pn:sentable appearance while on duty. The employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Division on a replacement basis will bear the cost of replacement uniforms. The new replacement uniform will meet or exceed recognized industry standards. B The Division will authorize and require specific shoes and will provide a footwear reimbursementoffiftypercent(S0-/o)ofthecostofautborizedfootwearuptoamaximumof$130.00per year. C. Physical fitness sweatshirts, sweatpants, and nmning shorts will be provided by the Fire Department for employees engaged in the Division's physical fitness program. The above clothing will be provided according to an as-needed buis, determined by the Director of Safety Services. D. Cleaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment. 27 .• • • ARTICLE 23 . MILEAGE REIMBURSEMENT A Firefighter who is specifically authorized by the Director of Safety Services to operate his/her · personally owned automobile in conduct of City business shall be paid mileage in accordance with the City of Englewood Administrative Policy Manual, #49, "Travel Reimbursement''. 21 t • • ARTICLE 24. INSURANCE A. MEDICAL The City will pay eighty-five (85%) of the premium cost for single and dependent coverage for medical insurance. Employees will pay fifteen percent (15%) of the premium cost for single and dependent coverage for medical insurance . B. DENTAL The City will pay eighty-five percent (85%) of the premium costfor single and dependent coverage for dental insurance . Employees will pay fifteen percent (15%) of the premium cost for single and dependent coverage for dental insurance. C. It is understood and agreed that should the premium costs for either of the City's insurances be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. D. Any dispute concerning the interpretation or application ofbcnefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-grievable item under this contract 29 ' .~ .. .. • • ARTICLE 25. LIFE INSURANCE .,. Tenn life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary. The minimum benefit is $35,000 and the maximum benefit is $50,000. Upon retirement. the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her retirement. 30 t • • ARTICLE 26 . RETIREE HEAL TH INSURANCE REIMBURSEMENT The City agrees to allow retirees and future retirees a conversion privilege to the health insurance conversion plan available through the City. For employees who retired on or before December 31, 1995, the City agrees to pay fifty percent (500/o) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum ofS75 .00 per month for the employee and including the employee's dependents. For employees who retired on or after Januaiy I, 1996, the City agrees to pay fifty percent (500/o) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a-maximum ofS 100.00 per month. It is the intention of the City to phase out this provision. 3l • • ARTICLE 27 . LAYOFF Whenever there is lack of worlc, lack of funds. or other legitimate reuons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determination, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of his/her relative length and quality of service as shown by the personnel records. Employees on la}'off shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. Any employee in a higher rank, if laid oO: may tramfer to the previous lower rank. The layoff list shall terminate after eighteen (18) months. 32 t .. • • ARTICLE 28. TUITION REIMBURSEMENT Tuition will be reimbursed per the City of Englewood MrninifJ!tive Policy Mapual, #29 "Tuition Reimbursement/Degree Achievement Recognition" -Exlulnt IX. 33 ' • • ARTICLE 29. SETTLEMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informally through his/her shift commander within five ( 5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing t the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Division Chief within ve (5) work days following receipt of the Shift Commander's response. The Division Chief shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services and the Human Resources Director within five (5) work days following receipt of the Division Chiefs response. The Director of Safety Services and the Human Resources Director will meet, investigate, and discuss the grievance. The Director of Safety Services shall respond in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the Director of Safety Services. The City Manager or his/her designated representative shall respond in writing within ten (10) workdays. If the grievance is still unsettled, the Association, within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative, may by written notice request the matter be submitted to either mediation or arbitration. (a) Mediation. (1) If mediation is requested, the parties will attemp t o mutually agree upon a mediator. If within five (5) days of the request for mediation the Association and the City cannot mutually agree on the mediator, a request will be filed with the American Arbitration Association for a panel of seven (7) mediators to be sent to the parties. 34 ' .. -. • • 0 (2) The mediator will be selected by a method of alternative striking of names from the panel, with the first strike detennined by a coin flip. The final name left on the panel will be the mediator. The mediator will convene a meeting of the parties as soon as possible and attempt to develop a settlement of the grievance which is acceptable to both parties. Any such settlement will be in writing and will be dated and signed by representatives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. If a settlement is not reached through the mediation process, the mediator will notify both parties in writing that the mediation process has concluded. Such notice concludes the grievance procedure. (b) (3) The fees of the mediator shall be borne equally by the Association and the City. Arbitration . (1) If the Association requests arbitration, the parties will attempt to choose a mutually agreeable arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven arbitraton to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument (2) Each party shall be responsible for compensation to its own representatives and witnesses . The fees of the arbitrator shall be borne equally by the Association and the City. (3) If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs for the transcript. Authority of Arbitrator. The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Ti me Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the gri evance . Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step . 35 .. ' ... . .~ . • • Grievance Option It is agreed that should the appeal procedure as provided under 138 :3 of the City Charter or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Work Hours . Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. The employee shall be allowed to attend hearings while on duty. Oral and Written Corrective Action Oral Corrective Action --Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the supervisor's log is documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the supervisor's log. Written Corrective Action --When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates of the behavior (when appropriate) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Human Resources Deputment, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file. If an employee disagrees with the letter of corrective action, the employee. within seven (7) calendar days, may request a review of the written corrective action by the Human Resources Director. 36 •• t • • ARTICLE 30. SUPPLIES A. The City will provide and maintain supplies and equipment for the normal operation of the Fire Division. These include: 1. Laundry: linens and cleaning of same. 2. All kitchen appliances and utensils, and repair and/or replacement of same. 3. Private phone in each station and maintenance and/or repair of same. 4. Maintenance ofT.V.s and recorders. 5. Items of hygiene (soap, toilet paper, etc.). B. The provisions of this Article will be under the control of the Director of Safety Services. Individual abuse to be dealt with on an individual buis. 37 ARTICLE 31 . DRUG TESTING AND PHYSICAL FITNESS Drug testing and physical fitness are permissive subjects of negotiations. Toe City agrees consistent with Article 5 of the Collective Bargaining Agreement to consult with the Union regarding the fonnation of any drug testing policy or physical fitness program. In addition, it is not the City's intention to institute random drug testing now or in the foreseeable future . )8 • • ARTICLE 32 . DEATH AND DISABILITY ASSESSMENT For firefighters hired on or after January l, 1997, the contribution required by§ 31-31-811(4), C.R.S., shall be assessed equally against the City and such firefighter so that fifty percent (50%,) of the contribution required by the state shall be assessed against the firefighter and fiftypen:ent (50"/o) shall be assessed against the City. 39 • t • • ARTICLE 33 . EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire contract between the parties and supersede all previous communications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Union agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract, except by mutual consent of the partiC;I, IN WITNESS WHEREOF, the parties have caused this contract to be signed by their respective representatives and their signatures placed thereon, on this _ day of 2004 at Englewood, Colorado. ENGLEWOOD FIRE FIGHTERS LOCAL#l736 40 CITY OF ENGLEWOOD Mayor Attest: City Clerk City Manager • • • -- Appendix A Computation of Firefighter Pay ~~--(_] Three shifts (A. B. and C) provide 365 davs of fire coverage. 24 hours a day, for a total of 8760 hours per vear. 8760 hours per year/ 3 shifts= 2920 hours per shift per year. 365 days per year / 9-day cycles = 40 .55 9-day shifts per year. 2920 hours per shift per year/ 40.55 9-day cycles per year= 72 hours per shift FLSA law states that 68 hours in a 9-day cycle for firefighters are to be paid at straight time and all excess hours actually worked in a 9-day cycle are to be paid at time and one-half. Englewood .fire.fighters are scheduled to work 72 hours in a 9-day cycle. The City pays straight time to all.fire.fighters for the.first 68 hours of their assigned 72 hour work schedule every 9-day cycle. Hours worked between 68 and 72 in the assigned work schedule are paid at the premium rate (time and one-half) If approved leave is used during the 9-day cycle, those hours are deducted from the 72 hours an.9 premium pay is not paid if the total hours actually worked drop below 68 . EXCEPTION: In addition, the City pays time and one-half/or hours over and above the assigned work schedule hours in a 9-day cycle regardless of any approved, paid leave used during the 9-day cycle. Per 9-dav cvcl e pav calculation (using hourly rate for 2002 Firefighter n 72 (straight time) Regular hours Premium hours 4 (half-time portion of time and one-half (hours x hourly rate x .5)) 72 hours @ 17.45 = 4 hours@l7.45 x .5 = 1256.40 -1ilQ 1291.30 (74 hours pay (72 + (4 x .5)) for 72 hours worked) The above method of calculation provides the same results as the method stated in FLSA as follows: Regular hours 68 (straight time) Premium hours 4 (time and one-half (hours x hourly rate x 1.5)) 68 hours@ 17.45 = 4 hours@ 17.45 x 1 .5 = 1186.60 104 .70 /29/.30 (74 hours pay (68 + (4x /.5))/or 72 hours worked) All co moensation is based upon the hourly rate. Annual rate = hourly rate x 2920 hours. Monthly rate= (hourly rate x 2920 hours)/12 . Bi-weekly rate= (hourly rate x 2920 hours)/2 6 . Additional oav to be included in overtime calculation. \l!erit pay for arson investigation, including discretionary amounts, and merit pay for the positions of Hazardous Yiaterials Team Leader/Instructor, Technical Rescue Team Leader, and Safety Education Team Leader is also subject to overtime calculation. Cr elted on 06,}S ,~002 ,l :,19 PM ' • • •• • • CJ AppendixB To the EFFA 2005-6 Collective Bargaining Agreement "Revenue Based Wage Method of Calculation" This concept was introduced by the EFF A during Interest Based Bargaining in 2004. It is intended to allow the City the flexibility to malce wage adjustments based on meeting projected revenues . Another goal is to offer competitive wages, based on the median wage of our comparables, to EFF A employees, without increasing their wages as a percentage of "before non-discretionary" expenditures. Should City revenues not provide the ability to grant a wage increase to meet the median wage then the EFF A will accept those circumstances to allow the City to preserve its budget commitments, and instead ask for only a CPI-W or some lesser adjustment. Methodology 2005 Wa&es l. A 1.12% (2003 Denver/Boulder/Greeley CPI-W) increase will be granted to all EFFA employees on January 1, 2005, which will remain in effect for the life of this contract. 2 . Subject to the provisions of#3 below, an additional 1% increase (calculated on 2004 wages) will be granted to all EFFA employees on July 1, 2005, which will remain in effect for the life of this contract. 3. No increase will be granted on July l, 2005 unless the City's total General Fund revenues for the period ending June 30, 2005 meet or exceed by 1.8 o/o the 2004 total General Fund revenues collected for the period ending June 30, 2004. 4. Subject to the provisions of#5 below, an additional 1% increase (calculated on 2004 wages) will be granted to all EFFA employees on October 1, 2005, which will remain in effect for the life of this contract. 5. No increase will be granted on October I, 2005 unless the City's total General Fund revenues for the period ending September 30, 2005 meet or exceed by 1.8 o/o the 2004 total General Fund revenues collected for the period ending September 30, 2004. Methodology 2006 Wa&es l . The "market median" will be based upon the 2006 median wage of the top grade Fire fi ghters at : Aurora, Boulder, Denver, Glendale, Littleton, South Metro, West Metro and Westminster. The survey will be conducted in the 4111 quarter of 2005 by the Human Resources Department, with the concurrence of the EFFA. The City and the EFF A will meet by November 1, 2005 to approve the survey and finalize the salary table for 2006, subject to #2 through #7 below. 2. Using the "City of Englewood, General Fund Revenue, Expenditure and Fund Balance" report, if the total General Fund revenue collections are 1.8% higher for calendar year 2005 over calendar year 2004, on January I, 2006 the City will .. I ' • ' • • grant Yi of the percentage increase necessary for the EFFA employees to reach the market median. 3. If the 2005 total General Fund revenues are not at least 1.8% higher than 2004 total General Fund revenues, the increase in #2 will not be granted. 4. On July l, 2006, if total General Fund revenue collections at June 30, 2006 meet or exceed June 30, 2005 General Fund revenue collections by 2.3%, Yi of the percentage increase necessary to reach median will be granted. 5. If the total General Fund revenues through June 30, 2006 do not meet or exceed June 30, 2005 total General Fund revenues by 2.3%, no increase will be granted on July 1, 2006. 6. By August l, 2006, if the increase in #Sis not granted, an upward adjustment of Y. of the percentage increase necessary to reach median (as shown in the 200S salary survey) will be granted retroactive to January 1, 2006. 7. If the year to date General Fund revenue collection numbers are not available during the pay periods which include January 1 and July l, wage increases, if applicable, will be granted retroactively to those dates. ii •• ' ... • • ·• • Q \·---(J ARTICLE XV. ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1981 137:1 Statement of policy; labor relations. It is the public policy of the people of the City of Englewood to promote harmonious, peaceful and cooperative relationships between the elected and appointed officials of the City and the members of the classified service and to protect the public by assuring, at all times, responsible, orderly, and uninterrupted operation of government services and where necessary, to provide for and regulate such matters of local concern. Since unresolved disputes in the public service are injurious to the public, and to the government of the City of Englewood, and City employees, there is hereby provided, for full-time classified employees in an appropriate bargaining unit, the right to bargain collectively concerning certain subjects with the City as employer through a certified employee organization and a method for resolving impasses in such bargaining, as hereinafter provided. The establishment of this method of resolving such impasse shall be deemed to be a recognition of the propriety of providing an alternative mode of settling disputes where public employees, as a matter of public policy, and in recognition of the desirability of maintaining a balance in the labor management relationship_, must be denied the right to strike. 137:2 Definitions. As utilized in this Article of the Charter, the following definitions shall be observed: (a) "Appointing Authority". The Appointing Authority is the City Manager. (b) "Permanent". A full-time classified employee who has successfully completed a probationary period in a classified position after original appointment or promotion by the appointing authority. A permanent employee is subject to the protection of the Career Service System. (c) "Classified Service". All full-time permanent classified positions that are included within the Career Service System. (d) "Employer or City' Employer". The Mayor, and members of the City Council, City Manager and his or her designees for purposes of collective bargaining . (e) "Contractual Employment". Employment relationship not a part of the Career Service System for a set period of time for special projects or programs or for other managerial and professional assistance. (f) "Confidential Employee". An employee who is privy to decisions or who has access to information of City management affecting employee relations or whose functional responsibilities or knowledge of the City affairs makes memberships or part icipat ion in the affairs of an employee organization incompatible or inconsistent with the official duties of employment. For purposes of this definition it is conclusively EXHIBIT I .. • ' • presumed that any individual employee in the City Manager's office or in the Employee Relations Department or in the City Attorney's office is a confidential employee. (g) "Confidential Secretary". One person in the office of each department, board or commission and City Council as designated by the City Manager. (h) "Managerial Employee". The City Manager, department heads and assistant department heads. (i) "Supervisor". An individual having the authority, consistent with other provisions of this Article, in the interest of the employer to hire, fire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, discipline or evaluate other employees, or to adjust their grievances, or effectively to recommend any of the foregoing if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but, rather, requires the use of independent judgment, provided, however, that individuals holding the position of lieutenant, or a functionally equivalent position, in the fire department shall not be considered supervisors as defined or used in this article, regardless of their duties or authority. U) "City Rights". The City shall have, in addition to all powers, duties and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to: (i) Determine the overall mission of the City as a unit of government. (ii) To maintain and improve the efficiency and effectiveness of City operations. (iii) To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. (iv) To determine the overall methods, processes, means, job classifications or personnel by which City operations are to be conducted. (v) To direct, supervise, hire, promote , transfer, assign, schedule, retain or lay-off employees . (vi) To suspend , discipline, discharge, and demote for cause , all full-ti me pe rm anent cl assified employees. (vii) To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient o r nonproductive . t ... .. ... • • • (viii) To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining agreement. (ix) To take any and all actions to carry out the mission of the City in cases of emergency. (x) Nothing contained herein shall preclude the City from conferring with its employees for the purpose of developing policies to effectuate or implement any of the above-enumerated rights. All powers, duties and rights as enumerated above shall be within the exclusive right of the City except as limited or modified by a collective bargaining agreement. (k} "Employee Rights". A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: (i) To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities; and (ii) To bargain collectively through their certified employee representative_. (iii) No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon . (I) "Appropriate Employee Bargaining Unit (or Appropriate Bargaining Unitt. An employee unit designated by the City to be appropriate for the purpose of collective bargaining . In determining the appropriate bargaining unit the City shall have no authority to include any employee other than a, full-time classified employee. A full-time classified employee may be considered for inclusion in the appropriate bargaining unit ~-. (i) Any elected official or person appointed to fill a vacant elected position, or any board or commission member or judge, or person appointed to a .position by City Council. (ii) City Manager, ass istants to the City Manager and employees of the City Manager's office , department heads, City Attorney and employees of the City Attorney's office and confidential secretaries . (iii) Managerial and supervisory employees . (iv) Confidential employees . (v) Any part-time, t emporary or contractual employee. ' .... . .. • • 0 • • (vi) Any employee hired for special projects or programs or through the use of outside funding sources . (rn) "Employee Organization". Means any lawful organization which has as one of its primary purposes representing full-time classified employees in their employment relation with the City; provided, however, that said organization has no restriction on membership based on age, race, color, creed, sex, handicap, or national origin. (n) "Certified Employee Organization (or Certified Employee Representative)". An employee organization that has been certified by the City as representing the employees in an appropriate bargaining unit as a result of obtaining a majority vote in the appropriate unit pursuant to a City conducted election. No organization shall be eligible to be the certified employee organization if it admits to membership or is directly affiliated with an organization that admits to membership persons who are supervisors or who act in a supervisory capacity with respect to employees of the City of Englewood as defined in this Article . No organization shall be eligible to be the certified employee organization or certified employee representative with respect to police officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other organizations who admit such other employees to membership, so long as the certified employee organization remains locally autonomous. ( o) "Exclusive Recognition of an Employee Organization". The certiflcation of an employee organization by the City that the organization shall represent all employees in an appropriate unit as determined by the City for the purpose of collective bargaining. (p) "Strike". Concerted activity resulting in failure to report to duty, or the absence from one's position, or the stoppage of work. (q) "Classified Employee". A certified employee appointed to an allocated position within the classified system. The Council may adopt additional appropriate definitions to effectuate the policies of this Article of the Charter. (Amended 11-7-1995; 11-2-1999) 137 :3 Bargaining Rights. Only full -time classified employees in an appropriate bargaining unit have the right to bargain collectively with the City through their certified employee representative towards securing a collective bargaining agreement. Only an employee organization that has been certified by the City shall be entitled to engage in collective bargaining with the City. In certifying an employee organization as representing the employees in an appropriate bargaining unit, the City or the designated hearing efflcer shall consider (in addition to any other requirement as set forth herein) the following factors : ' • • 0 ·• • • . nJ t 0 (a) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Article. (b) The community of interest of the employees. (c) The history of the employee relations in the unit, among other employees of the City, and in similar public employment. (d) The effect of the unit on the efficient operation of the public service and sound employee relations. (e) The effect on the existing classification structure of dividing a single classification among two or more units. (Amended 11-7-1995) 137:4 Terms of the collective bargaining agreement. The obligation to meet at reasonable times and negotiate in good faith shall commence . on or prior to May 15 of any applicable year in which the Bargaining Agreement expires or in which collective bargaining is otherwise proper. The Collective Bargaining Agreement between the City and the certified bargaining representative shall consist of any and all terms actually agreed upon by parties, which terms are not otherwise inconsistent with the Ordinances or Charter of the City. The Collective Bargaining Agreement shall be for a term of not less than one (1) year nor more than three (3) years, provided that all Collective Bargaining Agreements entered into shall be effective on a January 1 date and shall terminate on a December 31 date. 137:5 Subjects for collective bargaining. (a) Mandatory Subjects. The City and the certified employee representative shall have the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: wages, hours, vacation, insurance (contribution levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, dues deduction, grievance resolution procedure (including costs and expenses associated therewith), non-State or 'Federally regulated or mandated pension or retirement provisions lcontribution levels only), over-time pay formulas, work un iform provisions, acting pay, longevity, transfer procedure, procedures for suspension, demotion and discharge, and education incentives. That the maintenance of benefits sh~all also be considered a mandatory subject under this Section for the period covering up to and including December 31, 1984, after which it will become a permissive subject. (b ) Non-Negotiable Subjects. The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining: any subject pre-empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension provisions; administration of insurance programs, selection of insurance carrier ' ... • • ., ·• •• • including self-insurance; matters delegated byCharter to any board or commission of the City; all matters relating to classification, recruitment, hiring, examination and certification of appointment to a position and appeals based thereupon; promotions out of the bargaining unit. (c) Permissive Subjects . Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. (Amended 11-7-1995) 137:6 Impasse resolution. (a) Impasse. In the event the parties are unable to reach agreement on all mandatory subjects to be contained in the collective bargaining agreement on or before July 1 of the year in which the parties have met and bargained over these subjects, impasse shall be declared. Each party shall submit to the City Clerk a statement which contains that party's final offer regarding any mandatory economic subject upon which the parties are at impasse. The statement shall be submitted by each party no later than 5:00 p.m. on July 1. If July 1 falls on a Saturday or Sunday the period is shortened to and ends on the prior business day which is not a Saturday, Sunday or legal holiday. (b) Appointment of Arbitrator. The City Manager and the employee organization will jointly present to the City Council on or before July 10 the names of three arbitrators who have experience in labor relations matters and interest arbitration. From that list of three, the City Council will appoint one arbitrator whom it authorizes to conduct hearings and make a decision on the final offer to be implemented. The arbitrator shall be appointed no later than July 30. Prior to the commencement of hearings, the arbitrator shall sign an oath to uphold the terms of the Charter. (c) Hearings. The arbitrator shall hold hearings on the parties' final offer on mandatory economic subjects only . The arbitrator shall set the date of hearing and shall give at least ten (10) days notice in writing to the parties of the time and place of such hearing . The arbitrator shall have power to administer oaths and to require by subpoena the attendance and testimony of witnesses, and the production of books, records and other evidence relating to or pertinent to the issues presented to the arbitrator for deterrninatior.. The arbitrator shall have the right to determine whether any proposal or demand is a mandatory economic subject for bargaining within the meaning of Section 137 :S(a) of this Charter. The hearing conducted by the arbitrator shall be concluded within seven (7) days of the time of commencement. Within five (5) days following the conclusion of the hearing, the parties may, if they deem necessary , submit written briefs to the arbitrator. Within fifteen ( 15) days of the receipt of such briefs or the conclusion of the hearing, whichever is applicable , the arbitrator shall make written findings and decide whether the final offer of the City or the final offer of the certified employee organization on the total package of outstand in g mandatory economic subjects in dispute shall be implemented . A copy of ' .... • • -- 0 0 0 the arbitrator's findings and decision shall be mailed or otherwise delivered to the certified employee organization and the City Manager. (d) Record of Hearings . The hearings conducted by the arbitrator shall be recorded. Any party may request an official stenographic record of the testimony at the hearing . The party requesting shall pay he cost of such transcript. If the other party requests a copy of the transcript or if th e arbitrator requests a transcript, both parties shall share the entire cost of making the st1;; ographic record. (e) Standards for Decision. The following factors must be considered by the arbitrator in arriving at a decision: (1) The interest and welfare of the public and the financial ability of the City to bear the costs involved; (2) The lawful authority of the City; (3) Stipulations of the parties; (4) Comparison of the wages, hours, benefits and other terms or conditions of employment of the employees involved with other employees performing similar services in public employment in comparable Colorado communities; (5) The cost of living; (6) The overall compensation presently received by the employees including direct wage compensation; vacation, holidays and other excused time; insurance and pension; medical and hospitalization benefits; the continuity and stability of employment; and all other benefits received. (f) Final Offer Procedure . The arbitrator shall choose either the City's total final offer on all outstanding mandatory economic subjects or the employee organization's total final offer on all outstanding mandatory economic subjects as contained in each party's statement of final offer as required in Section (a) and shall state the reasons for choosing such final offer . (g) Time Li mits . The ti me limits for conducting the hearing and for any action by the arb itrator specified i n this Chapter may be waived by mutual consent of the parties as long as the arb itrator's decision is rendered two weeks after the budget is submitted to City Council by the City Manager. (h) Fees and Expenses of Arbitration . One-half of the necessary fees and necessary expenses of arbitration ( excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and one-half shall be bo rn e by the employee organ ization . ' .. • • • • (i) Finality of the Arbitrator's Decision. (1) Except as provided in this Section, the decision of the arbitrator shall be final and binding on the employee organization and the City. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within the fifteen (15) days after receipt of the arbitrator's decision. (2) The arbitrator's decision shall be subject to Court review pursuant to the terms of this Section. Any party desiring Court review must file suit in the District Court no later than thirty (30) days after the date of the arbitrator's decision . Failure of either party to file suit within thirty (30) days shall be a waiver of that party's right to appeal the decision. The District Court shall affirm the arbitrator's award unless it determines: (a) The award was procured by corruption, fraud , or other undue means; (b) The decision is arbitrary, capnc1ous. or unreasonable because there is no competent evidence in the record to support the decision; or (c) The decision was reached without considering the factors listed in paragraph (e) above. (3) If the Court determines that the award was procured by corruption, fraud, or other undue means, the entire award shall be vacated and the matter shall be remanded back to be heard by a, different arbitrator selected pursuant to the terms of this Section. If the Court determines that the arbitrator's decision is arbitrary, capricious or unreasonable, or was reached without considering the factors listed in paragraph (e) above, the Court shall remand the issue to the arbitrator with instructions to take new evidence if necessary and to issue a decision in confqrmity with the provisions of this Section . (4) Each party shall be responsible for its own costs and fees in connection with any appeal to the District Court. (Amended 11-5-1991; 11-7-1995) 137:7 Strikes prohibited. (a ) The protection of the public health, safety and welfare demands that neither the · certified employee organization , nor any employee organization, nor any employees of the City , nor any person acting in concert with them, will cause, sanction, or take part in any strike . (b ) In the event a certified employee representative engages in any conduct whicl) fa ll s within the definition of "strike", herein, such violation shall be cause for the City to term inate the collective bargaining agreement with said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified ' ... • • employee representative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. (c) In the event an employee or employees engage in any conduct which falls within the definition of "strike", herein, such violation shall constitute just cause for the immediate discharge of said employee, in addition to whatever other remedies may be available to the City at law or in equity. The City shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in violation of said section. It is expressly recognized that the City has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition of said section without having to discipline all employees whose conduct falls within the definition of said section. 137:8 City Ordinances. The Council shall adopt appropriate Ordinances to effectuate the policies of this Article of the Charter. 138:1 Career Service System. The Appointing Authority shall prepare and submit to City Council for adoption a "Career Service System" which shall apply to all full-time classified employees of the City of Englewood (herein the "City"), excluding any elected official or person appointed to fill a vacant elected position, any board or commission member, judge, City Manager, employees of the City Manager's office, department heads, City Attorney, employees of the City Attorney's office, confidential secretaries, confidential employees, and persons appointed to a position by the Council. (Amended 11-7-1995) 138:2 Merit principles. The Career Service System shall include appropriate Administrative Procedures which embody the following Merit Principles applicable to these employees as set forth in Section 138 .1 of the Charter: I. Recruiting, selecting, and advancing applicants and employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for appointment. Actual employment and promotion to be made from eligibility lists based on open, competitive examinations. II. The establishment and maintenance of a classification plan based on job analysis and utilized for administrative decj.sion making on compensation, selection, employee development, career advancement, upward mobility and other personnel program activities . Ill . The establishment and maintenance of an employee training program designed to improve performance. ' . ... • • IV . The establishment and maintenance of a job related employee performance appraisal system , designed to assess the adequacy of individual employee performance in relation to performance requirements, for employees to recognize their own performance improvement needs, and as a basis for personnel action including promotion, reorganizing and rewarding superior performance and correcting inadequate performance or separating employees in cases of continued inadequate performance. V. Permanent full-time classified employees will not be subject to separation except for just cause or such reasons as curtailment of work, lack of funds or other legitimate reasons . 138 :3 Hearings under Career Service System . (a) The City Council shall appoint hearing officers who shall have demonstrable ability in labor and employee relations to hold hearings and make findings and determinations with respect to the following: disciplinary appeals, merit appeals and issues related to selection and retention of exclusive employee organizations and the determination of appropriate bargaining units. If a dispute 1 exists over whether a person or position should be part of a bargaining unit, that dispute shall be resolved by a hearing officer, including all issues which can be raised over the application of§ 137:2(1) and the person's or position's status as included or excluded from a bargaining unit shall remain unchanged until a hearing officer's decision . (b) The City Council shall enact appropriate ordinances governing standards and procedures with respect to such appeals, the hearings to be conducted thereon and the standards to be applied by the appointed hearing officer and any applicable Court review of such decisions. Council shall also enact ordinances governing standards and procedures with regard to Issues related to bargaining agents or units . (Amended 11-7-1995; 11-2-1999) 138:4 Duties and powers of the Career Service Board. (Repealed 11-7-1995) 138:5 Effective date; vested rtghta. (Repealed 11-7-1995) t .... .. .• • .. , . • • City of Englewood Administrative Policy Manual Subject: Number: Effective Date: 1 Date PURPOSE To define equal employment opportunity and harassment and establish a complaint procedure. SCOPE All City employees. POLICY EXHIBIT II The City is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment. We do not discriminate against applicants or employees on the basis of age, race, sex, color, religion, national origin, disability or any other status protected by federal, state or local law. This prohibition includes unlawful harassment based on any of these protected classes. Unlawful harassment includes verbal or physical conduct which has the purpose or effect of substantially interferina with an individual's work performance or creatin& an intimidating, hostile or offensive work environment This policy applies to all . employees including manaaers, supervison, co-workers, and non-employees such u citizens, customers, clients, vendors, consultants, etc. Sexual Harassment Because seitual harassment raises issues that are to some extent unique in comparison to other harassment, the Cit}' believes it warrants separate emphasis. The City strongly opposes seitual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome seitual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature , when: • Submission to such conduct is made explicitly or implicitly a term or condition of employment; • Submission to or reiection of such conduct is used as the basis for decisions affectina an individual's employment; or • Such conduct has the purpose or effect of substantially interferin& with an individual's work performance or creating an intim1daung, hosnle or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times. lnappropnate seitual conduct that could lead to a claim of se.,:ual harassment is expressly prohibited by this policy . Such conduct includes, but is not limited to, sexually implicit or explicit communications whether in: • Wnnen fonn, such as cartoons, posters, calendars, notes, letters, E-matl; • Verbal fonn , such as comments,Jolces. foul or obscene lanauaae ofa sexual nature, 11ossipin1 or questions about another 's sex hfe. or repeated unwanted requests for dates; • Physica l esrure s and other nonverbal behavior, such u unwelcome touchin11, arabbin1, fondlin1, lassin1, mass aging , and brushing up a1amst another ' body . 2b ' . .. .. .· • • City of Englewood Administrative Policy Manual EEO/Harassment Complaint Procedure If an employee believes there has been a violation of the EEO policy or harassment based on the protected classes outlined above, including sexual harassment, he or she should use the followin1 complaint procedure. · The City expects employees to make a timely complaint to enable the City to promptly investigate and correct any behavior that may be in violation of this policy. Employees who believe there has been a violation of the EEO policy or harassment should first discuss this matter with their immediate supervisor or anyone within their chain of command with whom they feel comfortable in discussing these concerns. If the immediate supervisor or someone in the employee's chain of command is the focus of the allegation, then the employee should notify the Human Resources Director. If there is no resolution to the claim as outlined above, the employee shall then state their claim in writing to the Human Resources Director. Facts will be gathered to substantiate or dismiss the claim. Employees found to have violated the City EEO/Harassment policy will be subject to disciplinary action up to and including termination . Complaints will be kept as confidential as possible. The City prohibits retaliation apinst an employee for filing a complaint under this policy or for assisting in a complaint investigation. If employees perceive retaliation for making a complaint or for participating in an investigation, they are to again follow the complaint procedure outlined above. The situation will be promptly investigated. 3b City of Englewood Administrative Policy Manual Subject: Violence In the Workplace Number: 47 Effective Date: 5-31-00 Revision Date: 12-4-01; 6-8-04 PURPOSE To set fonh the City policy regarding violence in the workplace. SCOPE All City employees. POLICY 6-8-04 Date EXHIBIT Ill The City is dedicated to maintaining a work environment free from intimidation, threats, or violent acts. This includes but is not limited to : intimidating, threatening or hostile behaviors; physical/verbal abuse; vandalism; :irson; sabotage; use of weapons (exception: sworn law enforcement and tactical medic personnel); carrying weapons onto our premises (exception: sworn law enforcement and tactical medic persoMel); or any other let, which in management's opinion, is inappropriate to the workplace. rn addition, bizarre or offensive comments regarding violent events and/or behavior are not tolerated . Our intolerance for violence extends to persons connected with our business including customers, vendors or others who interact with our employees. Any behavior listed above should be immediately reported to a supervisor or the Human Resources Department. Additionally, employees should notify their supervisor or the Human Resources Department of personal situations that may impact the workplace. Complaints will receive attention and the situation will be investigated. Based on the results of the inquiry, action will be taken which management believes is appropriate. Employees should directly contact law enforcement personnel if they believe there is an imminent threat to the safety and health of employeei. or property. 9c -- 0 City of Englewood Administrative Policy Manual Subject: Family and Medical Leave Polley Number: 31 7-04 Effective Date: 4-3-00 Date Revised: 2-11-03; 3-14-03; 11-5-03; 6-7-04 PURPOSE To comply with the F:imily and Medical Leave Act of 1993. SCOPE To be eligible for Family or Medical Leave, an employee must have worked for the City for at least 12 months and have worked at least 1,250 hours during the previous calendar year. POLICY EXHIBIT IV An eligible employee will be allowed to take up to 480 hours of leave (up to 12 weeks of leave for shift Fire Division personnel) during any twelve-month period for the following: • Birth of his/her child • Placement of a child for his/her adoption or foster care • Care of employee's child, spouse or parent who has a "serious health condition" • His/her own "serious health condition" which makes the employee unable to perform the functions of his/her position Note: a "serious health condition"' of an employee or family member generally includes any condition that involves either inpatient care or continuing treatment as certified by an appropriate health care provider. Requirements :Sotice-Human Resources and the employee's direct supervisor must be notified in writing of the request for Family and Medical leave. • When the leave is foreseeable, a specific notification must be made 30 days before the expected date of the leave. • The employee is responsible for keeping the supervisor and Human Resources informed of his/her work status. • Reasonable notice of change in circumstances that requires either an extension of the leave or an intention of an early return must be proV!ded to Human Resources and the employee 's direct supervisor immediately. Certification -a request for FlVIL.\ leave by an employee due to hiSlber "smous health condition" must be cenified by an appropriate health care proV!der in wrinng. .\ cemfication of the "smous health condition" of a c h1ld. spouse or parent 1s 11Iso required . • The cemficanon must be provided to the City within 15 days of request. • The City may clanfy any information on the health condition certification. • The City may request subsequent opinions of a second or third he:ilth care provider, u des1pted. approved and paid for by the C'ty. 3e ' ... .. • • City of Englewood Administrative Policy Manual • Re-certification ofan employee's "serious health condition" may be requested when deemed necessary by the City. Coordination of leaves -leave taken for an employee's own "serious health condition" which qualifies for temporary disability or workers' compensation benefits will be counted tcward the 480 hour period (12 week period for shift Fire Division personnel) described above. An employee must also take an additional eight consecutive hours (or number of hours in a scheduled shift) of accn.ied leave (in the same order as previously listed) for any recurrence of an employee's "serious health condition" if separated by thirty (30) calendar days. • Intermittent leave or a reduced work schedule may be permitted in the event of a "serious health condition" of the employee or qualified family member, if medically necessary. The City may require the employee to temporarily transfer to an available alternate position that will accommodate the City as a result of the altered work schedule. • Leave taken for the birth or placement of a child must be taken before the end of the 12-month period beginning on the date of such birth or placement. If the City employs both husband and wife, FMLA leave is limited to a combined total of 480 hours ( 12 weeks for shift Fire Division personnel) during this 12-month period. • All accrued paid leave must be used prior to entering into unpaid FMLA leave. Accrued leave must be used in the following order: Personal Leave, Annual Leave, Sick Leave (if the employee is eligible), Compensatory Time, and then Leave No Pay. Return from FMLA leave • When an FMLA leave is the result of the employee's own "serious health condition" he/she may need to provide a re-certification to rerum to active employment at the time the FMLA leave is concluded. • Upon rerum from FMLA leave, an employee will be restored to the same or an equivalent position if such return immediately follows the approved FMLA leave. • Failure to return to work immediately following the Cllpiration ofan employee's approved FMLA leave may result in termination of employment. Employee benefit provisions • For paid periods of FMLA leave, the City will maintain and provide all benefits as would have been provided if the employee had been working. To the elltent applicable, employee contributions for all such coverage will connnue in the same manner. • For unpaid periods of FMLA leave, the City will maintain the same group health and dental coverage dunng the FMLA leave as would have been provided if the employee had been working. Employee c ontnbunons for coverage will continue to be required. • • For unpaid periods FMLA leave, the employee 's length of service will be changed for the purpose of dctcnmmng eligibility for vacation and length of service used in determining continuous service related to other City benefit plans . The number of days of unpaid leave taken over the first 30 days will be added to the employee's review date. ' .. .. • • City of Englewood Administrative Policy Manual Subject: Mlllt11ry Leave (i) I , Number: 3S Effective Date: 4-3-00 ,<_ I • Revised: 12-4-01;11-27-02 PURPOSE To set forth the City's policy on military leave. SCOPE All City employees. POLICY 1-7-02 Date EXHIBIT V The authority for this policy is derived from the provisions of the Unifonned Services Employment and Reemployment Rights Act of 1994 (U~ERRA) and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. The City is obligated to grant military leave without loss of pay for absences not exceeding fifteen ( 15) days in any calendllr year. Fifteen (15) days equates to fifteen 8-bour days, or 120 bn. The City cannot require an employee to use annual leave for such purposes. The employee may, however, request use of vacation, compensatory time, or leave without pay to supplement absences exceeding those covered by the fifteen ( 15) day military leave allowance. Military leave of absence will result in no loss of any condition of employment that would have normally occurred if the employee had not been absent for such purposes . Employees are responsible for providing their department directors copies of all military orders that will result in a leave of absence for active military duty . Employees are also required to notify their supervisors at the earliest possible date upon learning of scheduled military duty. Employees who fail to return to worlt according to the provisions ofUSERRA and Section 28-3-601 C.R.S. through Sect io n :?S-3-607 C.R.S. are subject to disciplinary action up to and including termination . Employees must remit to the City any pay received by the military for the period of time the employee is on paid military leav e. This reminance shall occur immediately upon receipt of the military pay (in instances that the military pay is greater than th e employee's City pay, the employee may elect to forego City paid military leave). 8e " • • • EXHIBIT City of Englewood Administrative Policy Manual Subject: Jury Duty and Witness Service Number: 34 1-27-02 Effective Date: 4-3-00 Date Revised: 11-27-02 PURPOSE To establish the City's policy for employee Jury Duty and Witness Service. SCOPE All City employees. POLICY Le:i.ve will be granted to an employee called for jury duty or to appear as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. The employee will receive their regular salary for jury duty served. Any jury pay will be reimbursed to the City. The employee may retain any reimbursements for mileage and parking. Employees on jury duty or called :is a witness in their official, City capacity will be expected to work as much of their regularly scheduled workday as their jury duty schedule or appearance in court permits . VI When an employee is subpoenaed as a witness in private litigation to testify, not in bis official capacity but as an individual , accumulated leaves will be used to cover the time absent. All accumulated leaves must be exhausted before the time absent can be taken as leave without pay. Part-time, benefits eligi b le employees will receive their regular pay for the number of hours regularly scheduled to work during jury duty . If jury duty falls on a part-time employee's reauiar day otT or during a period of approved leave, the employee will receive. no jury duty compensation. An emp lo yee must return to work after being excused from jury duty if there arc more than two (2) hours left in thei r regularly , sc heduled workday. Employees covered by a co llective bargaining unit should refer to the appropriate contract for j ury duty leave information . • • City of Englewood Administrative Policy Manual Subject: Voting Leave Number: 39 Effective Date: 4-3-00 PURPOSE To set forth the City's policy on Voting Leave. SCOPE All City employees. POLICY The City will grant employees necessary time off with pay to vote in general and primary elections as specified in Col~do State Law. Required time off to vote will be granted to an employee by their supervisor if: • The employee is a registered voter. EXHIBIT VII • There is insufficimt time for the employee to vote outside bis or her regular working hours. An employee is considered to have sufficient time if the polls are open a total of three or more consecutive hours durin& which time the employee is not working for the City. • No deduction from regular pay will be made for authorized time off to vote up to a maximum of two hours . lle City of Englewood Administrative Policy Manual Subject: Unpaid Leaves of Absence EXHIBIT VIII Number: 38 11-27-02 Effective Date: 4-3-00 Date Revised: 11-27-02 PURPOSE Establish City guidelines on unpaid leaves of absence. SCOPE All full-time and part-time benefits eligible employees. POLICY After twelve months of continuous service and upon approval of the department director, in concurrence with the Human Resources Director, employees may be granted an unpaid leave of absence of up to one year for compelling personal reasons not related to Family Medical Leave reasons. All accrued, paid leave must be exhausted before the beginning of the unpaid leave ofabsence. Employees on such leave do not accrue personal leave, annual leave or longevity pay. Employees on unpaid leave of absence are not eligible for holiday, jury, military, funeral or administrative leave. When an employee is on an unpaid leave of absence, he/she may main remain in the City health and dental insurance plans, provided the employee pays the full premium. The employee may retain the benefit accrual rate they were eligible for at the beginning of the unpaid leave, provided the employee returns to work with the City on the agreed upon date. Upon return, the employee's review date will be adjusted if the leave bas exceeded thirty (30) calendar days . Deleted: The department director, in concurrence with the Human Resources Director, will detmnine the employee's next review date . An employee who engages in other employment, including self-employment, while o'n official leave of absence, will be terminated effective as of the last day worked, unless prior wrinen approval bas been obtained from the Human Resources Department. Employees on an approved leave of absence, who fail to repon for work by the first day after the e;,cpiration d.ite of the leave of ab~nce or a properly approved extension, will be terminated from their employment with th e City as of the last day actually worked. lie .. " • • • 0 City of Englewood Administrative Policy Manual Subject: Tuition Reimbursement/Degree Achlevam'dnt Recog ~y EXHIBIT IX Number: 29 -,;''-'l,,"-'""""''-'-~;;i.,4,<lool,,--.--.--.--.--~lu.l.;;.,-20.!7~-0~2 4-03-00 ity Man ger's Signature Date Effective Date: Revised Date: 7-13-01; 11-27-02 PURPOSE To encourage the improvement of employee skills and general educational level. SCOPE All benefits -eligible City employees . POLICY Tuition Reimbunement Program Benefits-eligible employees may participate in the Tuition Reimbursement Program after they have suc cessfully comp leted one year of continuous service . This program pertains to graded classes applied to Associate, Bachelor, Masters , and Doctorate degrees from an accredited institution . Degree programs must be directly related to the employee 's duties with the City . Graded, single classes directly related to an employee's duties are also eligible for this program. Pass/Fail classes and certifications are to be covered by the employee's depanment technical training budgeL The ma.'{imum reimbursement per employee is $2,000 .00 per calendar year. For full-time eJl&lble employees, reimbursement covers approved tuition, associated mandatory fees and required texts up to the annual maximum . For pan-time ell&lble employees, reimbursement covers approved tuition, associated mandalory fees and requ ired texts to various levels based upon the average number of hours worked per week . Schedule is as fo llows : 35 to 39.9 hours per week : Sl,800 (9 0% of full-time emplo yee maximum.) 30 10 34 .9 hours per week : S 1,600 (80"4. of ful l-time emplo yee maximum .) • 25 to 29 .9 hours per week: Sl,400 (70"/o of full -ri me emp loyee maximum .) 20 to 24 .9 hours pe r week: Sl ,200 (60% of full-rim e empl oyee maximum.) Gene rally, it is the practice that City tim e or resources are not to be used for acade mic purposes . • . orma l City business hours arc not to be us ed for acad emic purposes (unless au thorized by th e Ciry '.'vtanager). • L'se ofC1ry ¢qu ipment (com puters , etc.) is illlow ed only after City business hours . • Th e us e of City personnel for acad emic: purposes ts not permissible durin1 workina houn . .,. • • City of Englewood Administrative Policy Manual Degree Achievement Recognition Employees enrolled in the above outlined Tuition Reimbursement Program pursuing a non-job required degree are also eligible to panicipate in the Degree Achievement Recognition Program. The employee will receive one of the following amounts upon degree achievement. Associates Degree: Bachelors Degree: Masters or Doctorate: S500.00 51,000.00 51,500.00 The above amounts will be awarded in a one-time, lump sum. 14d • • COUNCIL COMMUNICATION Date Agenda Item Subject July 12, 2004 Initiated By Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION Staff recommends that Council se~-~ti: -• ]n the matt~ bf the impasse between the City of Ettslew tnglewoocf tmp oyees Association. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Negotiations between the City and the EEA reached impasse on July 1, 2004. According to Section 137.6(b) of the City Charter, "Appointment of Arbitrator", Council will appoint one arbitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANCIAL IMPACT Approximately $15,000. Includes attorney and arbitrator cost Funds are budgeted in the 2004 budget for this purpose LIST OF ATTACHMENTS Resumes of Potential Arbitrators M emos regarding Impasse from City Clerk Lou Ellis t .. ; • • EMPLE, MILLER, MOONEY & FARRINGTON, P.C. MARTIN SEMPLE REESE MILLER PATRICK 8. MOONEY DARRYL L. FARRINGTON Durango Office Telephone 970-884-4402 Attorneys at Law The Chancery Building, Suite 1308 1120 Lincoln Street Denver, Colorado 80203 Telephone 303-595-094 l Fax 303-861-9608 July 8,2004 By E-Mail: lcllis@englewoodgov.org Ms . Loucrishia Ellis City Clerk City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 Re : Englewood Employees Association and City ofEnglewood Impasse Arbitration Dear Ms. Ellis: ERICALWmTE MELISSA MEQUI Of Counsel MICHELLE K. BRIGGS JOHN P. CLANCY Walter C. Brauer, IU, attorney for Englewood Employees Association, and the undersigned, on behalf of the City Manager, in connection with the above-referenced impasse arbitration matter, have, in accordance with City of Englewood Charter Section 137 :6(b), agreed to submit the names of the following three arbitrators to the City Council: Bennett Aisenberg John Difalco David Robinson Copie s of their resumes are anached. Please notify Mr . Brauer and me of the appointment of the arbitrator by the City Council . IS /Isa attach,m:nt cc : Walter C . Brauer. Ill . Esq. Mr. Gary ears Da111el L. Brotzmnn. Esq. Since~ly, SEMPLE, MILLER, MOONEY & FARRINGTON, P.C. Manin Semple Labor Attorney for City of Englewood t .. . • • MA BENNETT S AIIENBERO FMCS•1IOI. OCCUPATION, LAWVIA ADDRl!SS (IUS) a ~ COLORADO ST IANK ILOG, 2000 1100 IROAOWAV y:;~1·,.~~2:8~02•4120 PRO,ISSIONAL A,,1LIATIONS1 NAA QINIRAL IXPIRIINClt AAA IRRA ATTORN!V GORSUCH, KIROIS, CAMPl!LL, !T ATTORNIV PlllVATI PRACTIC! 10 • PRISINT P!RII PANl!La ~;al,:? I Art. I ,,. ARIITRAT10N IXPIRllNC!a USUl!S1 (ALSO) t 1~1 S LA SALLI ST,1210•VON NANDIL CHICAOO, IL 10103 (312) 131-2100 SPIDR AL SI • 10 AISINTIIISM, ALC I OAUO AIUSI, ARIITAAIILlTV, WORK-ASStON~ IARQ UNIT WORK, OISCHAROI Dl&CIPLINI o,sc11111, HOLIDAYS I NOL PAV, ZNCINTIYI RATlll•TOS, JOI CLASS JOI PDITtNO I IIOOINO, JUAlSDICTIONt LAVOPP, IUNPINO I RICALL, MGMT RTI, IIIRl!RS, CONSOL i~;~~e7TS~~:;s6,o~3:~! 11 :iNi~liTe~Ai1~i:AN~~T=A~~ :;:i•=':i ~:;~6u~~Li3:c&~;~,4i~c~;;OR TRAlNINO, TRANIP, UNION IUI, VACATIONS I VAC PAV,.WORK PIR,, WORK CONO AWOL CO~TAACT!NO OUT 1 OUAAANT!!O WORK WIIK, lNSUIDIIOINATlON, LIAVI o, AIIINCI, ll!R!T PAV PIR~OR~ANCI APP•AISA(S, PIIOMOTtONI, IHIPT HOURS, IICK LIAVI, WAQII, WORK WIIK CHANOI lNOUSTRrlS1 AIRL!~IS, IA•,IV, IRIWIRV, COMMUNICATiONS, CONITR, IOUC, INT/IITS, PIO IIC QRV, ~000 ==t~T~lgA~~T,H~~=L~:~·~=V.~~~T:1rTiT~=~;,p:5:i=i: :~.:~: ;i~fi~I~ ;~::,,~:f:~l~N'UIL TRUCM I STOR, CLIRlCAL, WIRIHDUSING PUii.iC HCTOR AGINCV IOITllll.1 !DUCATJON 1- B• ICONONICS IROWN UNIV 1112 JO LAW HARVARO UNIV 1111 Cl!!ITU•JCAUON1 LAW COi.GRADO II LAW MAIIACHUIITTS 11 ... - BENNETI S, AISENBERG RESUME Law Offices of Bennett S. Aisenber&, P.C., Denver, Colorado, 1980 • present Partner, Oom1ch, KJ.rai•, Campbell, Walker and Orover, Denver, Colorado, 1958 • 1980 B.A., Economics, Brown University, l 952 LL .B., Harvard Law School, 19SS U.S. Anny, 19SS -1957 Marquis Who'• Who in America Ptesideo.t, Brown Univenity Club otColorado, 1967 • 1970 Pretident, Harvard Law School Allociatlon of Colorado, 1984 • 198S Denver, Colorado, MuuchURUs, 111d American Bar Allociationa Colorado Bar Foundation American Trial Lawyers Allociation Colorado Trial Lawyon Allociation, Board Member, 1977 -1984; ~dent, 1984 - 198S; Life Time Achievemmt Award, 1996 Lecturer, Colorado Trial Lawyers Association. 1973 • preaeot Trial Lawycn for Public JUltice, State Cbairponon (Colorado) Foundin& Member, Public J\151ice Foundation International Society ofBmil1ers Certiftcllion u a Civil Trial Advocate, National Board of Trial Advocacy, 1984 -1994 JvJ.li cial Nominatina Commillion (Denver)· Oubarnatoria1 Appoimmcnt, 1911 -1994 ' ,, • • Denver Bar Auociadon -President 1991 -1992; Trumc, 1982 -198S, 1987 -1990; Representative to Board o!Oovemon of'Colorado Bar Auodation, 1978 -1910; Chahperaon. Entc:rtaimncnt Committee, 1975 • 1977; Chalrpenon, Tuk Force to Asaeli Legal System. 1985-1986; Award of Merit. 2003 Colorado Bar Allooiation -Preaident, 1998 -1999; Chafrpenon, lnt.erp!ofaeional Committee, 1978 -1980; Chairponon. Alternative Diaputes R.eeolution Committee on Em.plO)'IDIDt, 1979 -1980; Ethicl Committee, 1986 -pracnt; Amious Curiae Committcc, 1991 -1994 Im1ructor, Tons, UnlverlityofDenver, School oft.aw, 1961-1963 Instructor, Real Estate Law, University ofColondo Bxtcuaion Scbool, 1960-1963 Imtructor, Natioml Imtitme for Trill A4voocy, 1985 • 1990 American Board of Trial ACMICl&el National Academy of Arbitrmon; Mlmbar, Committee on Law ad IAplation, 1986 - prelellt; Rocky MouDtaiA ReaioA Chlirplnol. 1914 • 1985 Labor Arbitrator, Federal MediadoD 111d ConctJladon Semce 2 t .. -- -~ ·• • Contact Amenc.in Arbitration Association 6795 N. Palrn Avenue 2nd Floor Labor Panel John P. DiFalco, Esq. Fresno. CA 93704 talephone: ffl•l3'JIIO Plcalmlle: 55t-tto.tt19 Current Employer-Title Difalco Corporation -Pmidmtt; John P. DiFalco Ir. Assoc:iates, P.C.-Owner Occupation Attorney, Arbitrator Experience Over 3S yean of experience u a civil uial lawyer specializiq in aowrmnent. admilliltrllive, 1111d busineu con1rlCt law includlllg lipificut aperieDce in the pnctic:e of arbittalion, mediation, and ocher form• of altamalive dispute resolution. As a mllllieipal attorney, perticipated in tbe COllltnlCtion rumpment of major projects including performing w cea1er; senior center; recreation fsilities; airport improvemems; and wutewmr, transpOrtllioa. ud waterways. Familiar with dllpalll relallq to diffnls site coaditlom; design cWel:u; cbage orders; sllrety boods; and municipal. staf9, 111d fDderal ca:drll:t law. PosllUII coasidlllble govanment experienc:c, including negoliatiom with fedaral and Illa govenmacmt apacill in comiection with the construction of public buildillgs, WIIIIWlblr IIICI WIier treatmat fal:ilidel, tr&DSit systems, and airports. Adjuact Profeuor of i.aw at Rep Uoivwsity in Dmvlr, Colondo. Arbitrator since 1910. As pllllllist for the Americaa Arbitration Alloc:iatioa, has mppd In lhe practice of labor, coaunercial, and COllltnlCtiaa arbitrllion, medillion, IDd odt.-aillmative dispute resolution. CliaD inclade IIUDIIIOIII public and priVIII entities tbrougbout the aatim. Eiq,erience in IIJldiating or arbitratillg CMa iDYolviDs artrilnbility, c:oalrst illlajilllti.la, delays, dNlp defcm, product liability, remedies, 111d many odls 1111m. Issues Arbiuability, benefits, co111net ~ dilcbup, dilcipline, discrimination, external law, anevance pnM:eciure, job usignments, job clusificatioa, psy, NDiority, subcoalractiag out, unure i11ues (higher educarion), tiJnelilless. lndutries Elllertlimnent, aovemmeot (federal, 1111te and local), pomy, hip,r lducation, meat packing, mining, oil and ps, postal, profwional spol1S, public utiliti-, nail. tchools, Sl9el, telephone, transpcrtation. Work History President, Difalco Corporation, 1980-praent; Owner, John P. Difalco&. A6sociates, P.c ., 1987-03; City Allllml'y, City ofGnel.y, 191G-17; ChiefNepiltar/Labor Relations Attomey, City/CoUllly of Denver, 1977-IO; Haring Examiner, U.S. Polll.l Service, 1972• 77 ; Attorney and Labor Relations Specialist, 1972-77; Auomey, Real &tale and PYoc:uremmt; General Counse~ U.S. Postal Service. Education Obio Stall University (BA-1 965 ; J0.1961); University of Northern Colorado <MA· /ol,11 ,. DIFMet1, Elf. :466J ' .. .. • • 1986). Profeuional Auoelatiou National Academy of Arbitndon; Ameriau a., Aaooiltion (Commiflllo oa Public Employw Barpilling); Colondo Bar Aaocildaa (Labor Law Seatian); Poderal Bar Aaociatioll (Public SKtCJ Labor blltionl Commiawe; Al1ritnliaa Committee; Office Maaapment Commltlel); lndllllrial RdatiOIII RIINll'Ch Auodation; PIil Delta Pbi IDt1naationaJ Lop! Fl'llcmity; Jlllefflllioaal Plllfonn Association. Profmioaal LlcenNS Admillld to dlo Bir: Ohio, 1961; Colondo. 1972; Dillrict of Columbia. 1917; U.S. Dimict Court, Diatrict of Colorado; U.S . Court of Appeal,: Tlllda and Ftderal ( 1916) Circaitl; U .s. Sapnmo Court, 1972. Publicatiou aad S,-ldac Eappaeaa "TboNawl!ddos~ aad Ubly 1D Be ChlDpd, • POSTMAS'ID.'S ADVOCA11!. Mardi 1'91; "Saull Har...- b¥ililed, • POSTMASml'S ADVOCATF., May/JaDI 1919; "S..-Collt PniJ1s OfliGe S--of Public Empioy... • POS'IMAS'ID'S ADVOCA11i, Dlolalllr 1917; 9T'Mllly 1111a for E&ctM Mealillpal 8llpilaiaa. • POS1MASTIR'S ADVOCA11i, AIIIIJll 1917; "Cbildrlll a Noaotiaf,on: b Tlllin ID AcqaiNd ar lnbdod 1'rlltr POS1'MASTEll'S ADVOCATE, Jmo 1917; "Tbo Law 111d Policy oa 5-1 Hlnllmmt." NAltONAL U!AOUE OP cnms. 1914; "Colllctiw a.....-... "NEW l!NOLAND MUNICIPAUTI!S, 1912, ..... NIMl.<> LAWDOCUT, 1913, mcl WASHINO'l'Qlf ASSOCIATION Of atllS. 1913; "N1.lildua ............. OIOAHOMA MUNJQPAUIDS, 1'81; "Malcipll 9lrilla ....... • COLORADO MUNICIPAUTIES, 19IO; SUPBaVISOll'S OUIDE 10 DISaPUNE, 1979, ...W 1915; "Mr I -~· A Maw Bned," NATION'S anJII. Mir 1'71; "ajplllolCriaillla Whllo lrliillwad, • OfDO STATE UNIVEIWTY LAW J0UmW. 1'71; DJSCIPLDGAND OIUEVANCE HANDLING, 1973, N¥illd 19". Alterutm Dllpate a..ollltioa ~ AaalAIWlrllarUpdall2003; AM I.Illar Arbidor D Traiaial, 8d,dlll, 1/03; ..._.AM Nar.a.Codlwl .. _...2003 At2 req..-, Scamdlll, ll03; 8llic MA AnilnlllrT ...... Dawr; MA Mwlwd AllliaaDr Traillbl1, Ntw York. Coms,euation S900.00 hr Day Abo, noo.oo ror Orie¥IIIOI c:ws. lw 18d ,....., Mldillioa szoo.oo per llour. r.. DillD canc:ellatioa l'te if IIOCiftld wiaia IC day1 ol1-'ia&- LaDIUl'I Italian Locale Lovolttd, CO .. t .. • • 0 Contact American Art>ltratlon Asiociallon 6795 N. Palm Avenue 2nd Floor Labor Pauel David K. Robinson, J.D. Fresno, CA 9370,4 telephone: 177~80 facalmlle: &5l-480·1911 Current Employer-Tide Self-employed Occupation Full time Arbierator, Mediator Experience Labor Arbitrator ma 1971. M~ s~ 1916. ScMICI • ldminis1ralive law judp in l!tah for its OSHA law and as appomud hOlriq officer for Utah's vmiaa of ap. equal pay, and equal employment opporlllllity laws. Experience ill both plaintilf 111d defendant work in medic:al/hospital malprlctice. In mid 1970's, nipramed a 11111 bospilal UIOCiltioD IDd a II* pharmaceutical usociatlon . In Nevada served u arbi1ntor IDd mediator in public and privm secton. Southern Nevada Al1lma1e Hearin& Office, Nevada Penoanel Act 1996-1991. As law practitioner beginning in 1973, expericaced ia eoanc:t, employmat and labor, NCUrities, property (real csuite), and tort law as practice 1111phasis but ID many odlcl' fields on occuion. Local Eleetions Offic:«, LIUNA. and mt lntlruticmal Elec:tioas 1992 md 199'. Altmnllle ffemia Officer for Nevada Sim Personnel Act uatil 1111111ner 1991. Settlement Judge (a.Ju. AppeUm Medlllar) for Nevada Supnnne Cowt bepaiq 1999. 2003 . Former Harina Officer, Clark County, N9Y&da, and Service Employees lnlm'llltioaal Union, Local 1107 from 1999to2003. BllbNrdad wriam awards in nine Watm11 ..... Issues Ablenteeism, age ducrimiution, arbitnbility, dllla uu-. blrplning llllit wen. collectivt barpinjna 1grwement iillupmatioll and terms, COlltlCtiq out, demotion, dilcipline, dilcrimilllboll. holiday work IDd pay, iDsubordinlticll,job cl1nificarioa,Job wallllbOD,job po,tillg lDd biddlq. jurisdiction, layoff/bumpmwrcw~ management ripa, otf duly lDh:tiaa, reualpment. aa discrimination, sexual blrusmeat. shift hours, subcoatractill1, succeuor rapoaaibility, llnDim1ioa. 1nining, vacatiom and vacation pay, work auigameat. work performance, wort Met chaps, wronsful discharge . IDdmtries Broadcuting.1:C11111111, coal, ~uni~ du>', ~ont and arta. food, health care, local govenunlllt, noa fffl'ous metals, pow tnllllllisliaa, real --. wvebousina, pub lic settor (pol ice and fire, education, other associatloaa of govenunent •ployea). Work History Miiraior aad Media10r. Self-employed, t 971-~ ...,_,,Ataoraey, Salt Lake City and Lu Vqu law fimu, 1973-95; Hip Lne1 Exocuthe. lPCO Ho,piill Supply Co~on, 1969-70; ~ident/Clllinua of Board, ABCO Dealers. 1960-69; Plaldeat, Svpcal Supp ly Center, 1959-69. Education Univers ity ofWuhington (BS-1949); University ofUIIII (JD.1973 ). l)r,fll A'.. •• .._. J.D. 67614 ' ... .. • Professional Licenses Mmitt.dtotheBar: Nevada, 1917;Utah, 1973. Alternative Dispute Resolution Tralaina ACEOOl -Arbitration Awards: safepardina. Deciding .t. Writin1 Awards. Salt Lake City, 10/03; Annual Arbitmor Update 2002; AM commcreial Aibitrator n Trainiq. Pboenix. 12/02; 1ndilaa CantinlliDs Lepl Educltlon Forum. Civil Mediation Trainin&, Jndllllapolis, 12/00, l J/00; AM Comm.rcill Arbitrator Trainilll, Salt Lake City, I 0/99; MA Employment Arlii1rltor Traillin&, Pboenix. 1/91; vviolll oCbtr ADI. tnillins- Compensation s1,oso.oo Per Day SIS0.00 PtrHour Day=7bn. Hrly fbr ccmfflllCC, mOlioa llelriq. r.-rdl .I: apinion/1IWmd pnp (pRnllld). Medialion : $150/bourperbaur, SSOO min. CaDcel/pollPGII fee: If <21 days 'IIIICk,s, 1PI)ildle4 day if Clll't be tilled. lP• Di11111 tmel time (to 7hr) on baring day, otblrwiJe S70lbr. Rouomble apllllll chad .t. mileap@IP.S rate. Citizenship United StateS of Amtrica Locale Salt Lake City, UT • . · . ... .. t • • MEMORANDUM TO: FROM: DATE: Gary Sears, City Manager Dan Brotzman, City Attorney z/ Loucrishia A. Ellis, City Cle~ July 1, 2004 SUBJECT: Impasse As required by Charter, Article XV, §137 :6 (a), I received a letter from Walter C. Brauer Ill , legal counsel to the Englewood Employees Association, indicating they have reached an impasse on a mandatory economic subject. The letter is attached . I • cc: Frank Gryglewicz, Director of Finance and Administrative Services .. . • t • BRAUER, BUESCHER, CITY OF ENGLEWOOD, CO GOLDHAMMER, KELMAN & DODGE P.C. JUL 1 2004 WALTER C. BRAUER Ill THOMAS O. BUESCHER JOSEPH M. GOLDHAMMER ELLEN M. KELMAN SHELLEY P. DODGE KAJlEN A. BURNS Ms. Lou Ellis City Clerk City of Englewood 1000 Englewood Parkway Third Floor Englewood CO 80110 Dear Ms. Ellis: ATTORNEYS AND COUSELORS AT LAW 1563 GAYLORD STREET DENVER. COlDRAOO 80206 Phone: 303.333.n,1 Fax : 303.333.7751 -~· OFFICE OF J(? THECI~ July 1, 2004 By Hand P,liwry on July 1, 2004 This office is legal counsel to the Englewood Employees' Association. As you may or may not be aware, the Association has been in negotiations with the City pursuant to a wage reopener in the collective bargaining agreement between those parties. The parties are at impasse in accordance with the provisions of 137:6(a) of the home rule charter of the City of Englewood. That provisions therefore provides that we must deliver the within statement to you as the final offer of the Englewood Employees Association. Our offer is as follows: On January 1, 200S, each employee rc:presentcd by the Englewood Employees' Association shall receive a 3.0 percent increase on their current hourly rate of pay. Each employee represented by the Englewood Employees' Association shall allO ~ve an additional 1.0 percent on their current hourly rate of pay if the total general fund revenue of the City of Englewood for the first six calendar months of 200S have increased by 1.8 percent or more over the total general fund revenue of the City of Englewood for the first six months of 2004, retroactive to January l , 2005 . Very truly yours , A~c/-~-~ 'ft/~ (~/ WalterC. Brauer ill /" WCB /ms cc : Mr . Tim Sullivan ) ' .. MEMORANDUM TO: FROM: DATE: Gary Sears, City Manager Dan Brotzman, City Attorney/' Loucrishia A. Ellis, City Cle~ June 30, 2004 SUBJECT: Impasse As required by Charter, Article XV, §137:6 (a), I received a statement from Sue Eaton, Director of Human Resources indicating that the Englewood Employees Association and the City of Englewood have reached an impasse on a mandatory economic subject. The letter from Director Eaton is attached . cc : Frank Gryglewicz, Director of Finance and Adrflinistrative Services C T y TO: FROM : DATE: RECEIVED CllY OF ENGLEWOOD, CO 0 F E N G L E W ~ 3 ~200 b H U M A N RESOURCES LOU ELLIS, CITY CLERK SUE EATON, DIRECTOR OF HUMAN RESOURCES JULY 1,2004 OFFICE OF IHE CITY CLEk;t SUBJECT: ENGLEWOOD EMPLOYEE ASSOCIATION COLLECTIVE BARGAINING IMPASSE In compliance with the City Charter, Article XV, Section 137:6(a), this statement is to document the City's final offer on the mandatory economic subject upon which the Englewood Employees Association and the City are at impasse. The sole mandatory economic subject negotiated was compensation. The City's final offer to the Englewood Employees Association wu for a 1.12% increase over the 2004 base wage, effective January 1, 2005. 1.12% is the equivalent oftbe 2003 Consumer Price Index for Denver/Boulder/Greeley. Thank you. 1000 En "ood P r ~a Engl-ood, Co or~do 80110 Phone 303-762-2370 f»c 303-78~97 WWW ... .....,.,...,."" t • • - COUNCIL COMMUNICATION Date Agenda Item Subject July 12, 2004 Staff Source Initiated By Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION s .. Impale between the City of Englewood an BACKGROUND, ANALYSIS, AND ALTl:RNATIVES IDENTIFIED Negotiations between the City and the EPBA reached impasse on July 1, 2004. According to Section 13 7.6(b) of the City Charter, u Appointment of Arbitrator", Council will appoint one arbitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANCIAL IMPACT Approximately $15,000. Includes attorney and arbitrator cost Funds are budgeted in the 2004 budget for this purpose LIST OF ATTACHMENTS Resumes of Potential Arbitrators Memos regarding Impasse from City Clerk Lou Ellis • • SEMPLE, MILLER, MOONEY & FARRINGTON, P.C. MARTIN SEMPLE REESE MILLER PATRICK B. MOONEY DARRYL L. FARRINGTON Durango Office Telephone 970-Sll4-<t402 Attorneys at Law The Chancery Buildin&, Suite 1308 1120 Llncola Street Denver, Colondo 80203 Telephone 303-595-0941 Fn 303-861-9608 By E-Mail : lellis@englewoodgov .or:s Ms . Loucrishia Ellis JulyS,2004 City Clerk City ofEnglewood l 000 Englewood Parkway Englewood, Colorado 80110 Re : Dear Ms . Ellis: Englewood Police Benefit Association and City of Englewood Impasse Arbitration ERICA L WIDTE MELISSA MEQUI or counsel MICHELLE K. BRIGGS JOHN P. CLANCY David J . Bruno, attorney for Englewood Police Benefit Association, and the undersigned, on behalf of the City Manager, in connection with the above-referenced impasse arbitration matter, have, in accordance with City of Englewood Charter Section 13 7:6(b ), agreed to submit the names of the following three arbitrators to the City Council : James Bailey John DiFalco Harvey Nathan Copies of their resumes are attached. Please notify Mr. Bruno and me of the appointment of the arbitrator by the City Council. MS/Isa attachm e nt cc : Davi d J. Bruno, Esq . Mr . Gary Sears Da nie l L. Brot2man, Esq . Sincerely, SEMPLE, MILLER, MOONEY & FARRINGTON, P.C . ,:1~ ~ Manin Semple Labor Attorney for City of F.nglewood ' ..• .. • • ~ . . == r (ii ; . ~i If if i p Ujflff f lj!I ! u I i -IA 1,1 1 r t i H1 If JI ,. ~ ! Ir · 1 t1 i J l d if J ,. tf I J1 r . '~ I ' i . ) IJ · P ~,. .. 1 i r I i r ~ d · i I . i f ,i ~,11i11J 'dl jJ ! 11 i 1 1i ,1u1 f 1 'pr ;r ~ · . i ' I ' . I. r If I n° < El -• . . hHUi · i~I irl ..... ' T I If lP!i {JI tJJ fn ~I · , ~ • t If ,. r l s ~ 'I ,f J. El 4 a. ' • .. • Compensation r , ', '! S,50.00 Per Day $125.00 Per Hour Locale Dmmr, co ( • • ii ·~ ! I UH! fl~ ur ijHtHUHU1lf I ii • !1J .. ~I ltj· ,-.~ lSl~JiJ,1"r sl I ~ G' i ~ts-Ji ·if ,11 JJiI~i'JtlJUJ 1 ! I i~!?lg 1 !l~Si i 98'iZl .. g~,,1: 9 "' §"i I .. i ?( . al ;, if I rH>~ 11 f.}, l111hhu•t •1.. i i ; 'lJ ! i i 1 ~f ~i. 1J.1:1 :•11i1t !,t i ~ Jc_,,{ n It hL1fu1•f .HI ~ I f 3 ~ f i I g ~ • lJ ,~.,.,-·111··1i -. · II ti 1111 1 1J! tf Ir 'I· 'rl 11J ·I'\-i ~ l 1, ~ Ft ! ( j ltj,t 11.l-J 11P it"' , ! t 1, 11· 111·, 1 · s , 11 1 ~ J t ! i ;;j i · · · E• . . ... '• .~ . ' . • • .. ~ • • • O ~'C) -·- 1986). Profeuional Alloelatiou National Academy of Arbitnmn; Amerlou Bar Allociatioo (Commlttoo oa Public Employw Barplning); Colondo Bar Allocildaa (Labor Law Seotian): Foderal Bar APociatloll (Public StlCIOl Labor Relations CommiUN; Aitri1ndon Committee; Offigo Maoapment Committee): lndUlrill Relltlom R8"ll'Ch Auoc:iation; PIii Delta Phi llltlnlllional Lepl Fraternity; Tnrema!IOIII.I Pldorm Aaociatioc. Profeaional Llcemes AdmitlOd to Ibo Bar: Ohio, 1968; Colondo, 1972; Dillrict of Columbia, 1917; U.S. District Court, Dillric:t of Colorado; U.S. Court of Appeal,: Tonlh and Fedonl (1986) Cinluib; U.S. Supnmo Court, 1972. Publieatiou aad Spea1da1 Enppaeatl "'lbeN1WMlc1 ~ and Lilci1y 1D Be Chaapd, • POS'IMAS1ml'S ADVOCA 11!, Mn 1991; "Sailal Hazaamlllt Revililed, • POS1MAS11iR.'S ADVOCATE, May/Jam 1919; "Supnac Coat PlnDill <>fib SoudlN of Public Employwa, • POSTMAS'J'BR'S ADVOCATE, Daolablr 1917; -rw.ty 111111 ro, E&odw Mauillpiil Barpinlaa, • POS'IMAS'I1il'S ADVOCA 111. Aaptt 1917; "au1drm • Nop,lilron: b 11iein • Acqafred ot ln1-lted ~ POS1'MASTEl.'S ADVOCATE, Jae 1917; "Tho Law ad Policy oa Smlll a-..• NA'JlCIIIAL U!AOUE Of ams, 1914; -eoillctiw Blrpmilt. • NEW BNOLAND MUNJQPAUTI!S, 1912, ....... NIMLO LAW DCICQT, 191J, aad WASHINOTON ASSOCL\TION Of C11111S.1NJ; "N'Flilllclll.,._ Plaaalq," OKLAHOMA MUNICPALffllS, 1911; "Mmllcipll Sldb ..._..•COLORADO MUNIQPAU11ES, 19'0; SUPDVISOll'S CJUIDB TO DISCIPUNE, 1919, reviNd 1915; "Mr I MIit~ ANnra...i.•NAnON'SCl11ES,May 1971; "lUpllofCrimillala Whilo 11aro11-. • OIDO STATE UNIVDSl'IY LAW~ 1971; D1SCIPLINB AND GRIEVANCE HANDLIN0, 1973, miNd 1916. Alternative Dilpute Raolatioa 1'nlaiq Allma1 Alllllrllor U,-2003; AM Llbar Arb' tor ll Trainlna, Scclnldlll, 11113; ..._.. AAA Nem.i. Coafllwl aad ....W 2003 ACE req u 1t1, Scoasdale, 11113; 8uio AAA A.wcr.ar Tnlllma, DaMr; AM AdYaDld AllllnDr Train ,ewYotk. Compentation $900.00 Pw Day AIJo, $900.00 for OricYuoe c:uas, lw ad FICdmdlq Mediltica $200.00 per bout. Pllr Dillll CIPCCllatioa fee if IIOliflld widaia 14 ~· of '-iq. Locale Lovelud, CO ' • • 0 American Arbitration Association Dispu11 R,solvlio,a S,rvitll World•"' Contact American Arbitration Association Two Galleria Tower Labor Panel Harvey A. Nathan, Esq. Dallas, TX 75240 ' telephone: 972-702-1212, faalmlle: 972-490-9008 9571) Current Employer/Tide Law Offices of Harvey A. Nathan, P.C. / President Occupation Arbitrator -Mediator -Attorney Experience Servef u arbitrator, fact.finder and mediator in private and public secton. Abo neutral trustee for Taft-Hartley benefit funds. Experience in impasse cases. Ad Hoc Consultant to American Arbitration Association, Department of Education & Training. Issues Discharge, discipline, promotion, job classification, overtime, insurance, fringe benefits, layoffs, seniority, health & safety, vacations, subcontracting, contract reopener & leave of absence. Industries Police, fire, education, basic steel, food processing. public utilities, trucking, hospitals, not-for-profits, Taft-Hartley benefit funds. Permanent Alblb atol Northern Indiana Public Service Co. & United Steelworkers; US Postal Senrice & APWU; State or lllionil & AFSCMI; City of Chicago & Coalition of Blue Collar Uniom; City or Chicago & Fraternal Order of Police; City of Chicago & AFSCMI (White Collar); Indianapolis Schools & Indianapolis Education Aun.; State or Iowa & AFSCMI and Iowa United Professionals; Chicago Area IBT Benefit Funds. Work History President, Law Offices of Harvey A. Nathan, P .C ., 1978-present; Associate, Law Offices of Ides & Rosen, 1970-78; Auociate, Law Offices of Bernard M. Mamet, 1967-70. Education Syracuse University {BA-1964); Northwestern University (JD-1967). P1 ofealonal .ASlodationl National Academy of Arbitrators; American Bar Association; Chicago Bar Association; International Foundation of Employee Bendit Plans. P1ofa11ID11al UcanMI Admitted to the Bar : Illinois, 1967; U.S. Dilttict Coun, Northern District of Illinois; U.S. Court or Appeals. Seventh Circuit; U.S. Supreme Court. ' .,.. .. ' • • Publications and Spealdn1 Enppments "Challenges to Arbitrability, • LABOR AND EMPLOYMENT ARBITRATION, Matthew Bender, 1989; "Sickness, Accident and Health Benefiu," LABOR AND EMPLOYMENT ARBITRATION, Matthew Bender, 1991. Altematlve Dllputa ReloJutlon Tralnlnt Since 1980 participated u faculty member in more than 50 ttaining programs and attended llf!Yeral dozen more, many of which were spolllOl'ed by AAA. .A. member of the Advisory Committee for AAA Depanment of Education and Training, wrote several programs used by AAA. Other programs attended or participated in were conducted by National Academy of .\rbitraton, Federal Mediation and Conciliation Serrice, Indiana, Iowa and Illinois Labor Board, International Foundation of Employee Benefit Plana, Chicago Bar Allociation. Compensation $ 800.00 per day. Mediation: $150 AN HOUR,(5 HOUR MINIMUM), PER. DIEM CANCELUTION FEE IFWl'IHIN SOCALENDAR. DAYS, $200 FEE FOR.AIL OTHER. CANCEUATIONS; WILL CHARGE FROM~ AAA OFFICE. .Citizenship United Stata of America Locale Chicago, IL • • . - • MEMORANDUM TO: FROM: DATE: Gary Sears, City Manager Dan Brotzman, City Attorney V Louc ris hia A. Ellis, City Cle~ June 30, 2004 SUBJECT: Impasse As required by Charter, Article XV, §137:6 (a), I received a statement from Sue Eaton, Director of Human Resources indicating that the Englewood Police Benefit Association and the City of Englewood have reached an impasse on mandatory economic subjects. The letter from Director Eaton is attached. cc: Frank Gryglewicz, Director of Finance and Administrative Services t • • C i, RE~:!!P.ro CIT" Of JUtUO- T y 0 F E N G L E W c,fflct& D H U M A N R E S 0 U R C E s 1l:I£ c\T'( QlllK ~. · TO : LOU ELLIS, CITY CLERK FROM : SUE EATON, DIRECTOR OF HUMAN RESOURCES~ DATE: JULY 1, 2004 SUBJECT: ENGLEWOOD POLICE BENEFIT ASSOCIATION COLLECTIVE BARGAINING IMPASSE In compliance with the City Charter, Article XV, Section 137:6(a), this statement is to document the City's final offer on the rnandnory economic subjects upon which the Englewood Police Benefit Asaociation and the City are at irnpuae The mandatory ccooornic subjects negotiated were Article 9, Compa,ution and Article 26, Insurance. The City's final offer to the P.naJewood Police Bmefit Allociation is detailed on the attached document "City Propoul for EPBA. June 30, 2004". Thank you. 1000 En ood PMkw~ Enalewood, c•• aono Phone 303-762-2370 Fa 303-706897 -............ .... • - A. 2005Wages •• • • City Proposal for EPBA June 30, 2004 l. A 1.12% (2003 Denver/Boulder/Greeley CPI-W) increase will be granted to all EPBA employees on January 1, 2005, which will remain in effect for the life of this contract. 2. Subject to the provisions of#3 below, an additional I% increase (calculated on 2004 wages) will be granted to all EPBA employees on July I, 2005, which will remain in effect for the life of this contract. 3. No increase will be granted on July 1, 2005 unless the City's total General Fund revenues for the period ending June 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending June 30, 2004. 4. Subject to the provisions of#5 below, an additional 1 % increase (calculated on 2004 wages) will be granted to all EPBA employees on October 1, 2005, which will remain in effect for the life of this contract. 5. No increase will be granted on October 1, 2005 unless the City's total General Fund revenues for the period ending September 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending September 30, 2004 . \ B. The collective bargaining agreement between the City ud the EPBA for 1/1/04 through 12/31/0S will be e:rtended tbrou&b 12/31/06. c. 2006Wages 1. The "market median" will be based upon the 2006 median wage of either the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The survey will be conducted in the 4111 quarter of 2005 by the Human Resources Department, with the concurrence of the EPBA. The City and the EPBA will meet by November 1, 2005 to approve the survey and finalize the salary table for 2006, subject to #2 through #7 below. 2. Using the "City of Englewood, General Fund Revenue, Expenditure and Fund Balance" report, if the total General Fund revenue collections uc 1.8% higher for calendar year 2005 over calendar year 2004, on January I, 2006 the City will grant Yi of the percentage increase necessary for the EPBA employees to reach the market median. 3. If the 2005 total General Fund revenues are not at least 1.8% higher than 2004 total General Fund revenues, the increase in #2 will not be granted. 4. On July 1, 2006, if total General Fund revenue collections at Jime 30, 2006 meet or exceed June 30, 2005 General Fund revenue collections by 2.3%, ~ of the percentage increase necessary to reach median will be granted. ' .. • • 5. Ifthc total General Fund revenues through June 30, 2006 do not meet or exceed June 30, 2005 total General Fund revenues by 2.3%, no increase will be granted on July 1, 2006. 6 . By August 1, 2006, if the increase in #Sis not granted, an upward adjustment of Y. of the percentage increase necessary to reach median (as shown in the 2005 salary survey) will be granted retroactive to January 1, 2006. 7. If the year to date General Fund revenue collection nwnbcrs are not available during the pay periods which include January 1 and July 1, wage increases, if applicable, will be granted retroactively to those dates. D. Healtll ud Deatal lasunnce premium "1pllt1" betwee• City/Employee will be changed per the attached Article 26, Imaraace. (90/10, 85/15, 80/20). ii ·, ' . .... . , .. . • • ARTICLE 26. INSURANCE C. LIFE Term life insurance will be provided by the City for employees covered by this Conttact in an amount equal to one year's salary as spccificd in Article 9.A or B, Compensation, whichever applies, not to exceed $50,000. D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly undentood that this article is a non-griCV'l.ble item under this Contnct. t • • MEMORANDUM TO: FROM: DATE: Gary Sears, City Manager Dan Brotzman, City Attorney v' Loucrishia A. Ellis, City Cle?¢ June 30, 2004 SUBJECT: lmpaaN • REVISED PROPOSAL JUNE 30, 2004 0 10:30 A.M. In accordance with the Englewood City Charter, Article XV, §137:6 (a), I received a proposal from the Englewood Police Benefit Association (EPBA) on June 30, 2004. Addltlonally, I have received a RevlNCI Propoul dated June 30, 2004 0 10:30 a.m. which la attached. cc Frank Gryglewicz , Director of Anance and Administrative Services • • Englewood Police Benefit Association Proposal for the City of Englewood Revised June 30, 2004@ 10:30 a.m. This Proposal , dated June 30, 2004 supersedes all previous Proposals whether written or implied in negotiations of the cUITCnt Collective Bargaining Agreement dated January 1, 2004 -December 31, 2005; more specifically for the calendar year January 1, 2005 through December 31, 2005. For the purpose of this Proposal, Englewood Police Benefit Association will be referred to as "E.P.B.A." and the City of Englewood will be referred to as the "City". ARTICLE 9 . COMPENSATION E.P.B.A Interest: During the calendar year January 1, 2004 through December 31, 2004, no wage increase was negotiated and wages for those covered under the cuITCnt Collective Bargaining Agreement remained the same as the wages paid during the calendar year January 1, 2003 through December 31, 2003 with a zero percent wage increase. The City, through their Negations Team, provided the E .P.B .A. with a document indicating that the average pay for selected police agencies were 4.40% for the calendar year January 1, 2004 through December 31, 2004. Preliminary research by the E.P.B .A. indicates that police agencies used by the City are negotiating a median average of 3.0% for the calendar year January 1, 2005 through December 31, 2005. Since the accepted past practice in negotiations is to base wage increases on a set percentage increase, making it easier for the City to budget on a set nonfluctuating amount, the E.f.B.A Proposes that wages for the period January 1, 2005 through December 31, 2005 be incrca.'ICd to the current median wage of 4.20,.. The E.P.B.A. agrees that this would only bring us up to the 2004 median wage average and docs not take into consideration the upcoming median wage average for 2005. For the period January 1, 2005 through December 31, 2005, the salary schedule is as- follows: POLICE OFFICERS Police Officer V Police Officer IV Police Officer m Police Officer II Police Officer I ARTICLE 26 . INSURANCE ANNUAL $42,508.52 $45,211.99 $49,715.84 $54,692.33 $60,145 .04 E.P.B.A. Interest: The City has proposed a three-tier insurance premium breakdown for "employee only," "e mployee plus one," and "family." This would apply for both medical and dental insurance premiums . It is the general consensus of the E.P .B.A . membcnhip ~· t .. • Englewood Police Benefit Association Proposal for the City of Eng)ewood dated June 30, 2004 Page 2 of 2 pages that this discriminates against those that currently have families and those that may have a desire to have families at some point in the future. It also discriminates against those covered under this Collective Bargaining Agreement who are sing)e and may become married in the future . Since it is in the City's best interest to hire the best-qualified, it would malte sense to have a benefit package that would include a health and dental plan that would be applicable to all concerned. It is further the consensus of the members of the E .P .B .A. that Paragraphs A. MEDICAL and Paragraphs B. DENTAL of ARTICLE 26 . INSURANCE; u well u Paragraph C. LIFE and D. of the Collective Bargaining Agreement dated January 1, 2004 -December 31, 2005 !!!!l be changed and that the current wording be enforced as written. ARTICLE 1. DURATION OF CONTRACT and ARTICLE 36. EXCLUSIVENESS OF CONTRACT E.P.B.A. lnten:st: Per the provisions of these two articles, the E .P .B.A. DOES NOT want to renegotiate any other portion of the Collective Bargaining Agreement dated January 1. 2004 through December 31, 2005 not addressed in ARTICLE 9. COMPENSATION and ARTICLE 26. INSURANCE. Stephen M . Siegal, President Englewood Police Benefit Association .. t ORDINANCE NO . SERIES OF 2004 AN ORDINANCE BY AUTHORITY (J . 39 INTRODUCED BY COUNCIL FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION Vll, C !R~S PERTAINING TO PUBLIC COMMENT. WHEREAS, Section 27 of the Englewood Home Ruic Charter provides that City Council shall by ordinance prescribe procedure governing meetings; and WHEREAS, by the passage of Resolution No. 66 , Series of 1990, the: Englewood City Council adopted Rules of Order and Procedure for the City Council of the C ity of Englewood, Colorado; and WHEREAS, by the passage of Ordinance No . I , Series of 199S , the City Council amended the Rules of Order and Procedure for the City Council of the City of Englewood, Colorado to streamline the meeting process while maintaining public input; and WHEREAS , the City Council desires to amend the Rules of Order and Procedure for the City Council of the City of Englewood by amending Section VU , Subsection A , pertaining to the Public Comment Section by limitina the UIISCbcduled comment time to a total of 45 minutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Enalewood, Colorado hereby approves amending the Rules of Order and Procedure for the Enalewood City Council of th e C ity of Englewood, Colorado Section VU , Subsection A , to read as fo l lows : RULES OF ORDER AND PROCEDURE FOR THE ENGLEWOOD C ITY CO UNCIL VII. Council Procedure A . Order of Business A ll meetings. eitcept executive meeting of the 1ty COUDCil, mil be open to th e pub lic . The matt ers to be dehbented by the 11)' Council I be co nsi dered and di posed of in the followma order uccpc where odlaw1 decided by a majomy ,ote of City Council memben present at rnectma : ( l l Call to order. (:!) In OCIIIIOD . (3) Pied e of alkg1anc.:. 14 ) Ro ll call -1- ' . .. .. • (5) Consideration of minutes of previous session. (6) Recognition of 1ffi!SCheduled eili<!ees aetl \'isi1e,s Public Comment. (7) Recognition of unscheduled eili<!ees aetl \'isitefS Public Comment Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion. (8) Communications and proclamations . (9) Consent agenda items. ( I 0) Public Hearing items. ( 11) Ordinances, resolutions and motions. ( 12) General Discussion: Mayor's Choice. Council Member's Choice. ( 13) City Manager report. (14) City Attorney report. (15) Adjournment The business of all regular meetings shall be transacted in the order provided for above unless City Council, by a majority vote of all members pn:sent, shall suspend the rules and change the order. On the Thursday preceding the regular City Council meeting, or at such other day as the City Manager, from time to time, shall determine, the City Manager will have delivered to each Council Member an agenda showing the order of business and indicating the public hearings to be anticipated as a result of previous action of City Council, planning or other commissions. Also listed will be ordinances for first or second reading, petitions previously presented to lbe Clerk's office and a list of the reports of special committees, lbe City Manager or City Attorney. At each meeting it ~ball be uked by lbe presiding officer if'there are objections or are com:ctions to be made to die summary of minutes of the preceding meeting as published. If lbere U'C no objections, the summary of minutes shall be approved. Introduced, read in full, and passed on first reading on the 12'~ day of July , 2004 Published as a Bill for an Ordinance on the 16th day of July, 2004 . ATTEST : Loucrishia A. Ellis , City Clerk l , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo. bcrcby certify that the above and foregoing is a true copy of a Bill for an OrdllllKC . inaoduced, read in full , and passed on first reading on the 12th day of July, 2004 Loucnslwi Elh -2- .. ' .. . . ... , • • RESOLtmON NO. SERIES OF 2004 ARESOL~ ~ DISTRICT'S (RTD) FASTRACKS PLAN AND BALLOT PROPOSAL. WHEREAS, the Board of Directors of the Regional Transportation District, November 18, 2003, formally adopted a major regional transit plan known as "FasTracks", and WHEREAS, the Denver Regional Council of Governments, which is the designated metropolitan planning organization has agreed to review RTD's FasTracks plan for the construction of multiple fixed guideway corridors in the RTD; and WHEREAS , the said plan will require voter approval in November, 2004, for implementation of a sales tax increase to enable the development of the proposed transit system; and WHEREAS, the region wide FasTracks program will: Offer transportation choice to all residents of the Denver metropolitan region. Generate Roughly I 0 ,000 jobs (8,000 construction jobs and 1,200-1,800 operations jobs). • Create aq,opportunity for Transit Orientated Development and potential increase in property values . WHEREAS, RTD has a well-demonstrated history of developing projects within their projected budgets and time schedules; and WHEREAS, the RTD transit projects have consistently attracted ridership levels far beyond projections and indicative of strong public appreciation and approval; and WHEREAS , the City of Englewood, Colorado has consistently endorsed and actively supported improved public transit such as that of the FasTracks plan; NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ' Section I . The City Council of the City of Englewood, Colorado hereby formally endorses the FasTracks plan and the proposed public vote (Ballot Question) for its passage and shall actively endeavor to foster the passage of the FasTracks Plan by public vote . Section 2 . The City Council of the City of Englewood, Colorado shall participate in public education about transit and FasTracks, shall participate in advising RTD of any reasonable concerns to assist in FasTracks adjustments, and shall endeavor to ensure high standards of comp liance with matters relating to FasTracks . ADOPTED AND APPROVED this 12th day of July, 2004 . ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City C lerk 12 bH t ·, .· • • I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2004. Loucrishia A. Ellis, City Clerk • t • -- COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 12, 2004 14 a Right of Way Settlement with S. Santa Fe Partners, LLC Initiated By: Staff Source: Public Works Department Rick Kahm, Capital Projects Director Dan Brotzman, City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action on the matter. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1902, a Right-of-Way was granted via a deed b~tween two private owners (Alexander Munz and Charles Frey). This "Right-of-Way for road" was for access from South Santa Fe Drive to the property now owned by the City of Englewood and by the BK:ity Wastewater Treatment Plant and lies approximately 300 feet north of Bates Ave (see attached site map). The road runs between the old Mail-Well property (now a window manufacturer) and a building owned by South Santa Fe Partners, LLC. The road is the only access to the Mail-Well Property. Three (3) individual parcels are involved in the grant of the road (see attached exhibit). In March, 2002 the owners of Mail-Well were selling their property and their tide company expressed concern regarding the legal status of the Right-of-Way. Mail-Well voluntarily confinned and granted Parce l 1 to th e C ity as Right-of-Way. In February 2004, the City obtained tide to Parcel 2 via a quiet tide ac tion fil ed i;i Arapahoe County Court. ' A n ag ree m ent has b ee n rea c hed with the owners adjacent to Parcel 3 . The agreement quitclaims the eas te rl y 4 35 feet of the 6 ' wide parcel to the City and westerly 224.3 feet to South Santa Fe Partners and all ows enough Right-of-Way for a future access to City property. FINANCIAL IMPACT $2,000 w ill b e paid from the Servicenter Fund to South Santa Fe Partners as payment LIST OF ATTACHMENTS Loca t ion Map Exhibi t for Pa rcel 3 Lega l Descripti ons .. t ..• .. • ~--f • • - LOCA 1 IOt/ M•P Proposed South Santa Fe Partners, LLC Right-of-Way Settlement • ., . .. \, . . Exhibit for Parcel 3 NE1/4 of the NE1/4 of Section 33 T4S, Range 68W of the 6th PM t Weal line SE1/4, NE1/4, NE1/4 ~ I i I I ' ! 660' 6.00' South N1/2, SE1/4, NE1/4, NE1/4 I ' ' CDOTROW .1 I I ' ' I ' I I I I • PNICEL ~ / .-_c.POB~Parcel= 1 CDOTROW // PARCEL~ ; \.1-k':;,T 22.4. 3 TO ~OuT+,4 SA...i-rA Fe: PAit:tNER.5 ( i::~t',a,~· B'') I £AsT 4.35 ,o C ·n, ( £')(.tt1Brr 11 (..") 1-----1 --, ___ q 0 100 200 300 Sc:ale • 1" lo 100' t • " EXHIBIT .. B" 0 0 THE EAST 435 FEET OF A STRIP OF LAND 6 FEET WIDE AND 660 FEET LONG OFF THE NORTH SIDE OF THE SOlITH HALF (S 112) OF 1HE SE U4 OF THE NE 1/4 OF THE NE 1/4 OF SECilON 33, TOWNSIDP 4 soura. RANGE 68 WEST OF THE 6ra PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, (SAID STRIP OF LAl'ID IS RECORDED IN BOOK 2 AT PAGE 22) EXCEPT THAT PORTION LYING wrrH1N soura SANTA FE DRIVE AS DESCRIBED IN BOOK 738 AT PAGE 307, AND EXCEPT THAT PARCEL CONVEYED TO THE DEPARTMENT OF TRANSPORTION AS DESCRIBED IN BOOK 6594 AT PAGE 555, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMME!'fCING AT THE NE CORNER OF SAID SECTION 33; TiiENCE S 00°02' 12' W ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 989.23 FEET; THENCE N 89°40'44" W ADISTANCEOF72.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 89°40'44" WA DISTANCE OF 362 .18 FEET; THENCE S 0°19' 16" WA DISTANCE OF 6 FEET; THENCE S 89°40'44" EA DISTAl'lCE OF 374.27 FEET TO A POINTON SAID DEPARTME!'fT OFTRANSPORTATIONPARCEL; THENCE N 63°17'25" W, ALONG SAID DEPARTMENT OF TRANSPORTAION PARCEL, A DISTANCE OF 13.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2209 SF, MORE OR LESS THE BASIS OF BEARINGS IS THE EAST LINE OF SECTION 33, BEING S 00°02' 12"W AS SHOWN ON THE A.LT.A. SURVEY PREPARED BY MICHEAL CHESSNOE, P.E. & P.L.S. #9489, DATED 6/13/01. THE NE COR. OF SECilON 33 IS A 3 Vi'' ALUM. CAP STAi.\1PED LS. 2'.?571 AND THE SECOR. OF THE NEl/4 OF THE NE 1/4 OF SECTION 33 IS A 3 Vi'' ALUM. CAP ST.-u'dPED "CD.O .T". Survevor's Statement I, David L. Henderson. a registered Professional Land Surveyor in the State of Colorado, do hereby state that this Legal Description was prepared under my direct supervision and on the basis of my knowledge, information, and belief, is correct Dmd June 29 , 2004 ' ''"'· .. • • --· EXHIBIT "C'.' A STRIP OF LAND 6 FEET WIDE AND 660 FEET LONG OFF THE NORTH SIDE OF THE SOUTH HALF (S 1/2) OF THE SE 1/4 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 33, TOWNSHIP4SOUI'H, RANGE68 WESTOFTHE6m PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, (SAID STRIP OF LAND IS RECORDED IN BOOK 2 AT PAGE 22) EXCEPT THE EAST 435 FEET THEREOF, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SECTION 33; THENCE S 00°02' 12' W ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 989.23 FEET; THENCE N 89°40' 44" WA DISTANCE OF 435 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 89°40'44" WA DISTANCE OF 224.30 FEET TO THE NW CORNER OF THAT PARCEL DESCRIBED IN BOOK A713 AT PAGE 5268 (AKA 2875-2885 S. SANTA FE); THENCE S 0°04'38" WA DISTANCE OF 6 FEET; THENCE S 89°40' 44" EA DISTANCE OF 224.27 FEET; THENCE N 0°19'16" EA DISTANCE OF 6 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1346 SF, MORE OR LESS THE BASIS OF BEARINGS IS THE EAST LINE OF SECTION 33, BEING S 00°02' 12"W AS SHOWN ON THE A.L.T.A SUVEY PREPARED BY MICHEAL CHESSNOE, P.E. & P .LS. #9489, DATED 6113/013. THE NE COR. OF SECTION 33 IS A 3 \lz" ALUM. CAP ST AMPED LS. 22571 AND THE SECOR. OF THE NEI/4 OF THE NE l/4 OF SECTION 33 IS A 3 \lz" ALUM. CAP STAMPED "C.D .O.T'. Survevor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado, do hereb y state that this Legal Description was prepared under my direct supervision and . on the basis of my lcnowlcdgc, infonnation. and belief, is correct. Dllcd June 29 , 2004 • ' ... • • 0 -0 ·• • • MONDAY, JULY 12, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Minutes from the Regular City Council meeting of June 21, 2004. .tr~ . ' ,~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) l , ~ .r .,ih Mary White, President and Chief Executive Officer of Swedish Medical Center, will address City , '-P ;).IC• Co"° ii ,ega,dlog sw,d,h Med<• c~1e,, "P'=log ·, '"""'~,lli:,, ~ fe1 ~IJ.'b'~i'i;0 '!>}?-''zJ~' ~jt'U' i~/lC /IAA!NA ~ 8. ~~~ca t?~;~~a~l~~:~tments. '""'_:nJ}~ ~#from jJi'41:;!J£l'f'/ftS.:e:psignati~ood Hou~ /!JJ;e{f..4_ b .'~ resolution appointing John Brick to the Keep Englewood Beautiful Commission. ,f- f},t;r;:11--sf c. A r esolution appointing John Brick to th e Englewood Liquor Licensing Authority. A reso lution recommending the appointment of Charles Carter to the Englewood Housing Au th o rity. P1 ase note : If you ha\e a disab,hty and need auxiliary aid OI' set'\1Cl"S, please notify the City of Englewood (303 · 762 -2-tO S) at lea t -t8 hours in dvan e of when rvices are needed . Thank you. ' • • Englewood City Council Agenda July 12 , 2004 Page 2 i!bJtJM e. f!JJo/1 h-f. RJ.ldMg . /?bdtt ~ h. ~K ~j. /?Mbl~ ~Id_ ~~ ~!lf2 n. ~~ ~P- ~22_q. f?JAfrll 2!/- ~ 75: /M&fl~ A resolution reappointing Kate Dulaney to the Englewood Cultural Arts Commission. A resolution reappointing Daryl Estes to the Englewood Code Enforcement Advisory Committee. A resolution appointing Barbara Fout as an Alternate Member on the Englewood Board of Adjustment and Appeals. A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority. A resolution appointing Dooley Gehr to the Englewood Code Enforcement Advisory Committee. A resolution reappointing Chuck Grimes to the Englewood Parade Committee. A resolution appointing Paul Hendricks as an Ahernate Member on the Englewood Code Enforcement Advisory Committee. A resolution reappointing Chris Hoagland to the Englewood Code Enforcement Advisory Committee. A resolution appointing Cornelia Humphreys to the Keep Englewood Beautiful Commission. A resolution appointing Amy Laugesen to the Englewood Cultural Arts Commission. A resolution appointing Rebecca Laughlin to the Englewood Parb and Recreation Commission . A resolution appoinf Committee. A resolution appointing Ted Vasilas to the Alliance for Commerce In Englewood. A resolution reappointing Robyn Williams to the Englewood Liquor Licensing Authority. 9. Public Hearing. (No Public Hearing Scheduled) ~ 1 0. Consent Agenda. a . ~I of Ordinances on First Reading. Please note: If you have a disability and need au1'iliary aids o, services. plNse notify the City of Enpewood (3 03-762-2 405 ) al least 48 hour$ in adv.tnce of when services are needed. Thank f • ' • • J Eng lewood City Council Agenda Jul y 12 , 2004 Page 3 b. C. Ap~ of Ordinances on Second Reading . Resolutions and Motions. :e 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 37 -Recommendation from the Finance and Administrative /f\ Services Department to adopt a bill for an ordinance authorizing an ~V Intergovernmental Agreement with Arapahoe County Commissioners concern~·ng "Open Space" tax shareback funds . STAFF SOURCE: Frank Gryglewicz, D' of Finance and Administrative Services. / {}?t)-~ b . Approval of Ordinances on Second Reading. ,.e--- c. Resolutions and Motions. Recommendation from the Department of Safety Services to adopt a resolution rtaining to Sex Offender Regist~~r SOURCE: Commander ~n 1cks. !II'!'-/ .1f/g ~ $ • ,. rx;, Recommendation from the Human Resources Department to adopt a resolution ~ approving a Collective Bargaining Contract with the Englewood Firefighters (JIIJ Association for the yea.rs 2005-2006. STAFF ~~<jE: ,.Sue Eaton, Director of ·,•l-OHumanResources.~~ #~ ~ ~~; Recommendation from the Human Resources Department to select, by motion, an arbitrator in the matter of the Englewood Employees As~ imm -5}AFF /1. 'HJ/ MJ SOURCE: Sue Eaton, Director of Human Resources. 5'-rtt) ~ ().H1L r iv. Recommendation from the Human Resources Department to select, by motion, an • ~ arbitrator in the matter of the Englewood Police Benefit Association i passe. STAFF u-rr {J .:OOURCE: Sue Eaton, Director of Human Jlesources. ~ 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. ' Q!uncjl Bill NoJ9, amending Section VII, Subsection A of the Rules of Order and Procedure for the Englewood City Council pertaining to Public Comment /1.hU....- '--'--~..--.....,solution in support of the FasTracks initiative~ Pl e . If ou I.ave a disability and need auXlliary aids °' services, pie-nolify the Oty ol Englewood (30 3-7 62-2 405) al least 48 hours In advance of when services are needed . l1Wllc you. ' ,:.. .. • • Englewood City Coun ci l Agenda Jul y I 2 , 2004 Page 4 13 . City Manage r's Report. 14. City Attorney's Report. <;;Jf}')--- ~/i,-;O Right-of-Way s,m,m,nt 'Mlh So"'h Santa Fe Partn,a, LLC. ~ Adjournment. f ... ~ Th e following minutes were transmitted to City Council between June 18 and July 8, 2004: • Keep Englewood Beautiful meeting of May 11, 2004 • Off-leash Task Force meeting of May 25, 2004 i Englewood Liquor Licensing Authority meeting of June 16, 2004 1, Plea e note: If you have a disability and need aullibry aids or services, please notify the Qty ol Englewood (303-762 -240 5) at I ast 48 hour in .idv.ince of when 5efVICC!S ate needed. TIWlk ,, t .. • • 1 . 2 . 3 . ?·?Ip Calltoonler ~ Invocation Pledge of Al- ·• • • 4. Roll call 5. Members: present TGIMIIO JI' Moore o/' ....... ,,, Ga"ett .,.- 111.,_ fl"" Wolosyn V- P$ ____ absent CC~inutes ~ ~~ved j~-D • ' • • . ·• • • Jt/(}1)~~µ I ' . . ff) ~ /0 _µ feM, ., ·' . ~~~~~ ;c/5 (§) vrr. ' - I • ; . . @ ~u.f-d c5) ;if~ ,--(;) ~ ~ ~~ ~ (9 f!µ-0<2JJ ~ -1/fe •· • ~ ~~ /v!fl / . . ' J ., •, -. f A • •• ,, . •• • • \ I \ l~ . ' ., .• . : . . . . :. • . .