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Home My WebLink About1995-07-17 (Regular) Meeting Agenda• • • • • REGULAR CITY COUNCIL MEETING-JULY 17, 199S ORDINANCE I~~~, 37, 38, 39, 40, 41, 42 RESOLUTION I S7, S8, S9, 60, 61, 62, 63, 64, 6S, 66 ,, - • • 0 .,. \ I I~ ' ' I . • 0 - • • • ENGLEWOOD CITY COUNCIL ENGLE.WOOD, ARAPAHOE. COUNTY, COLORADO ReplarS-- J•IY 17, 1"5 I. Call Co Onler Tbc rqu1ar meeting of the Englewood City Council -c:allcd to onlcr by Mayor Bums al 7 :40 p.m . 2 . hmlcatioa Tbc invocation was given by Council Member Wiggins. 3. Pledee ar Allqiucc Tbc Pledge of Allegiance -led by Mayor Bums. 4 . Rall Call Prcscot : Absent : A quorum 'll'llS present. Council Mcmbc:rs Hathaway, Waldman. Wiggins, Habenicbl. Vormittag. Waggoner, Bums None Also pRICIU : City Manager Clark City Attorney Bl'UIZDWI S. Miaata A11ii1an1 to the City Manager Grace City ac.tt Ellis DiRldOr Fonda. Utilities Din:aor Giyglcwicz. Finaacial Services Dirmor Barthlome. AdmiJlillnlive ScrviC1cs (a) COUNCIL MDtaEK BA111AWAY MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE llECULAK MEETING 0, JIJLY J, 1"5. Ayes : Couacil Mcmbcn Halllaway, Vormiaag. Wigial. Habellal. Waggoner, Waldman. Bums Nays : None Motion carried. 6 . Scllledllled Vilhon Tbcre were no scheduled visiton. There were no non-scheduled visitors. • . .. I . • 0 , I • Englewood City Council July 17, 1995 Pagel <, • • • (a) A proclamation recognizing Michael Crisler for his dforts to bdp the victims o( the Oklahoma City tragedy was considcnld. Mayor Burns recognized Michael Crisler and DDkd that bis grandfather is Tom Munds. a rq,ortcr for the Englewood Herald. Mayor Burns n:ad the proclamalion in its cntimy. CITY COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE A PROCLAMATION COMMENDING MICHAEL CRISLER FOR HIS DEDICATED EFFORTS. AND FOR HIS COMPASSION FOR HIS FELLOW HUMANS AND THE PAIN AND HEARTACHE THEY HA VE SUFFERED. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habcnichl. Waggoner, Waldman. Burns Nays : None Motion carried. The Mayor presented Michael Crisler with the proclamation. Council Member Hathaway noled that Michael's grandmolhcr and mother were also in the audience. Ms . Hathaway commented that Michael is an exceptional child and the family has a righl to be vay proud o( him. (b) A proclamation declaring August I, 199S as Nalional Nighl Oul was consideRd. COUNCIL MEMBER HATHAWAY MOVED, AND rr WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TUESDAY, AUGUST I, 1"5 AS NATIONAL NIGHT OUT IN THE CITY OF ENGLEWOOD. Molion carried. Ayes: Council Members Hathaway, Vonniltag, Wiggins, Habcnicbt, Waggoner. Waldman. Bums Nays : None Ma)u Burns presented the proclamation to Public Education Specialist Marie Dymek . Ms . l>)'mck explained that National Night Out is a nation-wide program. The goal o(the program is to offer the opportunity for neighbors to get to know neighbors better III that they c:an bclp QCh odlcr figlll crime in the neighborhoods. Citizens arc asked to tum oa their porch lights. lock their doors. ID CIUllidc and meet their neighbors. Ms. Dymek llOlcd that this )'CU in Englewood tllcR uc approximalcly 120 neighborhoods planning to celebrate in various ways. i.e. axikies and iClcd lea Of poc ludt clinncrs. Additionally. she advised that the City anticipates that someone from Safety Services. City Council o, llaff will visit each of these neighborhoods throughout the evening. Council Member Hathaway encouraged Council to call Community Relations Officer Nancy ~ to sign-up for a visitation schedule. Ms. Hathaway stated it is a very rewarding~ 9. hbllc Hc:ari•I No public hearing was scheduled before Council . ' "' - .. I • • 0 I • • • 0 • f.a(:kwood City Council July 17, 199!1 Pace J COUNCIL MEMBER WALDMAN Rf.MOVED AGENDA ITt:M 10 (a) (iii) FROM THI:. CONSENT AGENDA. COUNCIL Mf.MBf.R HATHAWAY MOVED, AND IT WAS Sf.CONDf.D, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Iv) AND MON nRST READING. (a) Approve on First Reading (i) CONTitACT Willi STACKHOLM DEVELOPMENT AND CONSTRUCTION COMPANY , INC . FOR CONCREIB DISTRICT NO . 199S IN THE AMOUNT OF $JS I ,692 .2S. (ii) COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER HAIBAWAY A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN THE HUDSON FOUNDATION AND THE CITY OF ENGLEWOOD, COLORADO FOR A DIVERSION GA TE STRUCTURE AND PIPE TO BE PLACED ON THE CITY DITCH. (iv) COUNCIL BILL NO . 4S , INTRODUCED BY COUNCIL MEMBER HAIBAWAY A BILL FOR AN ORDINANCE AMENDING 11{E WASTEWATER lITILITY ORDINANCE TITLE 12, CHAPTER 2, SECTION 7, OF 11{E ENGLEWOOD MUNICIPAL CODE I 98S PERTAINING TO DAILY MAXIMUM ALLOW ABLE INDUSTRIAL LOADING OF POUNDS PER DAY FOR POLLUTANTS AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . (v) A FUNDS TRANSFER AGREEMENT WIIB BANK ONE. DENVER N.A. Vou ..-Its: Ayes : Council Members Hathaway. Vormiltag. Wiggins, Habenichl. Waggoner, Waldman, Bums Nays : None Motion carried. • •••• (iii) Council Member Waldman asked Director Fonda if Ibis council bill is for waler and sewer. Mr. Fonda staled ii is just for sewer. Council Member Waldman questioned the stalemcnl. in the founh whcRas m the aJWICil bill. tbal ~aid anncxalion of Ibis additional pared of land will not incn:ue the tap alloc:atioa to lbc Soutllplc Sanilalioa District ." Director Fonda staled the district has a \'Cf)' large tap allocation and the dillrict can illuc individual sewer laps. Wilhin the large Sou1hgale diSlrict. he eq,laincd. lhcR an: anc pieces of propeny completely surrounded. bul they were DC\'Cr pan of the district as Ibey did not want to pay the lallcs. Once developed Ibey will petition Southgale lo be included. When Ibey arc included Sou1hp1e will lake them, bul Ibey will not get any addition 10 the Soulhgale district lap allocation. Mr. Fonda advilcd that the City of Englewood will provide the sewer taps 10 lhe aputmcnl units, but Soulhp&e's tap alloc:atioa docs not goup. ' ..... •. I . • 0 , 2 • • Enclew«MHI City Cooncil July 17, 1995 Page4 • 0 • In response to Council Member Waldman, Director Fonda confirmed this will affect the amount of sewage that is processed and that the interceptors and Treatment Plant has the capacity to handle it. He noted that long range planning has addressed this issue . Director Fonda further explained that none of the distrias arc anywhere near their allocation. as capacity is built before they get there . Cooncil Member Vormittag asked if. when the City runs a tap, the City has to run a line to the an:a . Mr. Fonda stated the lines are already out there as large interceptor lines go out to the distrias and then the districts will build a local collection system . Council Member Hathaway commented that that cost is at the districts expense. Mayor Burns pointed out the council bill addresses site mning but docs not indicate which city it is in. Director Fonda stated it is in Greenwood Village . COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER HA TifAWA Y A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 126 TO THE SOU'IHGA TE SANITATION DISTRICT'S CONNECTOR'S AGREEMENT Wlllf THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES. COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITEM JO (a) (iii) ON nRST READING. Ayes : Cooncil Members Hathaway. Vorrnittag. Wiggins. Habenicht. Waggoner. Waldman. Burns Nays : None Motion carried. • •••• COUNCIL MEMBER HABENICHT REMOVED AGENDA ITEM 10 (b) (I) FROM THE CONSENT AGENDA.. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (II) 01)-, Oil) ON SECOND READING. (b) ApplV\le on Second Reading (ii) ORDINANCE NO . 33 , SERIES OF 1995 (COUNCIL BILL NO. 36 , INTRODUCED BY COUNCIL MEMBER HATifAWAY) AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 16, SUBSECTION 16C OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO THE FLOOD PLAIN ORDINANCE . (iii) ORDINANCE NO . 34. SERIES OF 1995 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER HA TifAWA Y) AN ORDINANCE AUTifORIZING AN INTEROOVERNMEJ\rTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE STATE BOARD OF THE GREAT OlTl1>00RS ' ..... .... ,,,_ . I • • 0 I • • • 0 • . . Englewood City Council July 17, 1995 Pace5 COLORADO TRUST FUND ENTITLED ~ 199S GREAT OU1l>OOllS CX>LORADO GRANT AGREEMENT ." VOleraultll: Ayes : Council Mcmbcn Hatllaway. Vonliaag. WigiM. Hlllalic:lll. Waggoner, WUS-. a... Nays: None Motion carried. • •••• ( i) Council Member Habenicht explained dial she pulled this item from the Consent Agenda as she wanted to share with Council, and IIIIIC for the RICIOnl, dial she has bad and continues 10 have reservations about the mail-in ballot. i.e. polClltial for problems and fraud. Ms. Habenicht commented that she visited with the City Clerk. Anpahoe County Clerk Donetta Davidson and Arapahoe County Election staff in an effort 10 address her conccms. Ms. Habenicht stated that she was very impR:SScd and considers the City fortunate to have the County elcction staff we have. Even though some of her concerns regarding procedure were alleviated. Ms. Habenicht emphasized that she still has reservations and still feels there are a lot or things that need to be looked at. especially regarding voter registration. Council Member Habenicht maintained tbal Council and the citi:zens must continue to be vigilant and monitor the process very carefully. However, she stated. there is no doubt that more people participate in a mail ballot election and although she continues to have reservations she will vote for the coordinated mail ballot election. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READING CONSENT AGENDA ITEM JO (b) (I). ORDINANCE NO . JS. SERIES OF 199S (COUNCIL BILL NO. JO, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1HE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND lliROUGH 1HE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 7. 199S . Ayes : Council Members Hathaway. Vonnittag. Wiggins, Habenicht. Waggoner. Waldman. Bums Nays: None Motion carried. 11 . Onllnallttl, RaohltNIIII ••d MotNIIII (a) Approve on First Reading (i) Director Gryglewic-.1: presented a recommcadation from the Departmclll ol Financial Services to adopC a bill for an ordinance submitting to a VOie ol the regilleRd eleaon ol Englewood a question which. if approved, will allow for the isluancc olSl .4 million olboadcd debt for the communications facility improvements and upgrades. He llatcd lhll Council ~ this ballot issue at length al the June 19, 1995 Study Session. Mr. Gryglewicz ldvilcd thll the ballot lanpqc does comply with TABOR. ' ..... • < • .. I • • 0 • • Encln'ood City C1NJncil July 17, 1995 Paae6 ·, • 0 • .. Mayor Bums poinled 001 !hat in 1993 Englewood citizens voted, by a considerable margin. to keep police dispatch in Englewood. He stated thal Council was aware. at that time, that if the ballot issue passed then somehow the Cil)• would have to pay for the facility . Council Member Waldman noted that staff has indicated that they anticipate, on a Sl.4 million bond, that the payback is going to be S 1.2 million. He asked if that is subject to change based on Ouctuating markets or if that will be locked in on the ballot . Director Gryglewicz explained that the payback, IOtal principal and interest. was estimated at $2.3 million . The high point of payments was SI 70,000.00 per )'QI', which is cum:nt rate plus 100 basis points. He stated that if they increase 200 basis points the City would have to fund that difference with existing funds . At this point in time, Mr. Gryglcwicz advised. be docs not know what the market will do and this is a "best estimate." Council Member Hathaway asked what the likelihood is of it going up to 200 basis points versus 100 basis points. Director Gryglewicz stated that it is very possible. but unfortunately. under T A80R. this is the way it has to be handled . Council Member Waldman asked what will happen if the basis points arc lower. Director Gryglcwicz stated that if it were lower the City will probably put any excess funds in Debt Service to recall that debt early. Council Member Vormittag asked why that ballot question docs not state the approximate aJlil to each homeowner. Mr. Gryglewicz advised that TABOR restricts the ballot language and wc cannot deviate from that. Mayor Bums asked if staff can provide infoml3tion relative to the question in memo form to Council . City Attorney Brotzman advised that staff will prepare a fact sheet for each ballot question to be given to Council and the Clerk will nl3intain copies for citi1.ens to pick up . Council Member Hathaway pointed oul that wc previously published, in conjunction with Arapahoe County. a list of pro/con statements, submitted by citil.ffll. for each ballot question . City Attorney Brotzman stated that was the TABOR notice requirement and what he is talking about ~ is a fad sheet compiled by staff specifically for Council and citizcns. In response to Mayor Bums. Cily Attorney Brotzn1311 confirmed that the fact sheet is in compliance with TABOR and the Campaign Reform Act. Council Member Habenicht asked if the fact sheet will be able to diffen:ntiate what the alternatives might have been and potential costs. Director Gryglcwicz explained that the fact sheet will not identify altcmati\'CI per IC. It basic:ally addn:sscs the particular ballot question. that is. the issuance of debt and the pro/cons n:latcd to thu specific question . Council Member Habenicht asked if the fact sheet could iadudc ,_ ro, IJdottilla u option ud idcntif)'ing other options a nd associated cosu. Dircdor 0.,-atc,.icz acllOII lie ..... ...,.. dull oaly thole things that the ballot question addn:ued could be addrcsa:d ia the fact ..... He lc:h the City Attorney would ha,·e to make tl13t determination. but if ii wcrc atio.al he feds Iha! illlilrmalion should be contained in the fact 5hcct . City Anoniq• Brotnaan ad\'IICd lie •111 bring tllc iaK back to Council . The City Clerk "'U asked to n:ad Council Ball No. 4 I by lldc : ' ,, _ I • • 0 , • • • • 0 • Englewood City Council July 17, 1995 Pa,=e 7 COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO THE ISSUANCE OF BONDS AND AUTHORIZATION FOR A PROPERTY TAX INCREASE TO PAY FOR THE PROPOSED IMPROVEMENTS TO THE COMMUNICATIONS FACILITY AT THE SAFETY SERVICES COMPLEX AND THE PURCHASE OF COMMUNICATIONS EQUIPMENT. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 41 Motion carried. Ayes: Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner. Waldman. Bums Nays : None (ii) Dircclor Gryglcwicz presented a recommendation from the Department of Financial Services to adopl a bill for an ordinance submitting to a vote of the regiSlered elcaors of Concrete DiSlrict l 99S a question which, ff approved, will allow the City to issue debt to finance the property owners' ponion of required concrete repairs. He noted this issue was discussed in depth II the June 19, l 99S Study Session. This debt question. to be voted on by the property owners, will allow the owners to stretch out their pa)•ments over a period of time. 1be City Clerk was asked to read Council Bill No. 40 by title: COUNCIL BILL NO . 40, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE STA TE OF COLORADO WHO ARE OWNERS OF PROPERTY W111{1N OR RESIDENTS OF CONCRETE REPLACEMENT DISTRICT I 99S OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING TifE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 40. Ayes : Council Members Vormittag. Wiggins, Habenicht. Waggoner. Waldman. Bums Nays : None Abstain : Council Member Hathaway Motion carried. Council Member Hathaway ex plained that she abstained from the vote as she owns property within Concrete DiSlrict 199S . (iii) Din:ctor Gryglcwicz presented a recommendation from the Depanmcna of Financial Services to adopl a bill for an ordinance submitting to a vote of the registered elcelon of Englewood a question regarding proposed Chaner amendments relative to financial issues . Currclltly. Aniclc IV. Section 113 defines the amount thll must be submined to bid II SI0.000 for purchaacsof suppl ies. materials or equipment and Section 116 sets the amount II $20.000 for capilal i~emeats . Mr. Gryglcwicz stated that due to inflationary presswcs staff rccommcnds thal thole litnita be cbanpd to S2S .OOO and $50,000 rcspce1ivcly . Also. he cKplained the Chancr would be changed to allow Council the ..... "' - •. .. I· • 0 ' 1 • Englewood City Council July 17, 1995 Pa~I ·, .. • • , . • option of using emergency ordinances lo incur indebtedness or authoriu debt without being subject lo the referendum period . He pointed out that. while on the surface this appears lo lake away some of the power of the Wiers, the voters must give permission 10 issue dcbl in the firs& place as required by Charter and TABOR. Director Gryglewicz advised that this will allow the City 10 issue debt and probably gel more bidders and a belier rate under the competitive bidding process. Mayor Bums asked a question regarding the legality of altering the referendum power . Director Gryglewicz staled that this power is to be used at Council's discretion when interest rates are changing for bonds. Council Member Habenicht asked when the previous figures were set . Director Gryglewicz felt ii was 1987. Mayor Bums commented that as the price of vehicles has risen about $25.000 Council will be in the position of approving every vehicle the City purchases. The City Clerk was asked to read Council Bill No . 39 by title : COUNCIL BILL NO . 39, INTitODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF 1HE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF 1HE CITY OF ENGLEWOOD, COLORADO REGARDING FINANCE ADMINISTRATION . COUNCIL MEMBl!ll HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) • COUNCIL BILL NO. J9. Motion carried. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Waldman. Bums Nays : None (iv) Director Gryglewicz prescllled a recommendation from the Dcpanment of Financial Services to adopt a bill for an ordinance submilling to a vote of the registCRd clcctors of Englewood a qllCSlion. which if passed. will allow the City to incur $400.000 of'bondcd ddll llld the authorization to impose property lax to .-y the Debt Service for fire equipment . He Slated thal this issue was addressed al the June 19. 1995 Study Session where it was agreed lo split this ddll issuance from the communication center. The City Clerk was asked lo read Council Bill No . 42 by title: COUNCIL BILL NO . 42 . INTitODUCED BY COUNCIL MEMBER HAntAWA Y A BILL FOR AN ORDINANCE SUBMlmNG TO A VOTE OF THE REGISTERED ELECTORS OF 1HE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO ntE ISSUANCE OF BONDS AND Al.T1'HORIZATION OF A PROPERTY TAX INCREASE TO PAY FOR THE PURCHASE OF FIRE EQUIPMENT. COUNCIL MEMBER HATHAWAY MOVID, AND IT WAS SICONDID, TO APPROVE AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. U . • I I • • 0 I • • • • 0 - .... Englewood City Council July 17, 1995 Pagc9 Motion carried. Ayes : Council Members Hathaway. Vonnittag, Wiggins, Habenicht, Waggoner, Waldman. Burns Nays: None (v) Director Banhlome presented a recommendation from the Depanment of Administrative Services to adopt a bill for an ordinance submitting to a wte of the R:gistercd electors of Englewood a proposed Chaner revision regarding the Career Service System. She explained that the proposed Chaner amendment will allow hearings for disciplinary merit appeals, grievances and for an arbitrator in cases of impasse . Ms. Banhlome noled this proposal bas been put together in conjunction with the three employee associations, the Englewood Firefighters' Association, the Englewood Police Benefit Association and the Englewood Employees' Association . She advised that the Englewood Career Service System went into effect in 1969 and since that time employment law and labor law have bcc:ome very oomplex. Director Banhlome noled that Council has n:ccived information listing some of the benefits of this proposal as well as rcoommcndations from the Career Service Board. which wen: submitted after they held a Public Hearing on this issue lasl Thursday. She stated that some of the recommendations have been inoorporated in the proposed council bill . Mayor Burns noted that other versions of this council bill were presented to Council and reviewed at Study Session. He asked if there were any other questions or amendments to the council bill . The City Clerk was asked to read Council Bill No. 38 (version two) by title : COUNCIL BILL NO . 38. INTRODUCED BY COUNCIL MEMBER HA mAWA Y A BILL FOR AN ORDINANCE SUBMl1TING TO A VOTE OF THE REGISTERED ELECTORS OF mE CITY OF ENGLEWOOD AT mE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO mE CHARTER OF mE CITI OF ENGLEWOOD, COLORAOO REGARDING SUBJECTS FOR COLI.ECTIVE BARGAINING, IMPASSE RESOLUTION, THE CAREER SERVICE SYSTEM. DUTIES AND POWERS OF mE CAREER SERVICE BOARD ANO EFFECTIVE DA"IB-VESTED RIGHTS UNDER THE CAREER SERVICE SYS"IBM TO PROVIDE FOR A BINDING ARBITRATION PROCESS. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. JI. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AN AMENDMENT TO VERSION TWO or COUNCIL BILL NO. JI THAT THE CITY ATTORNEY SHOULD DRAn LANGUAGE THAT WOULD IN ESSENCE ELIMINATE THE CAREER SERVICE BOARD AND SUBSTITUTE A HEARING OfflCER PROCESS INSTEAD OP THE AD HOC COMMITIEE THAT WAS ORIGINALLY PROPOSED IN VERSION 2. Council Member Habenicht questioned whether version two includes all of the nx:iommcndations from the Career Service Board . City Attorney Brot7.man advised that version two. with Council Member Hathaway·s proposed amendment. fully complies with the n:a>mmendations made by the Career Service Board. Version two as amended substitutes a Hearing Officer and diminatcs the Career Service Board as was r.:commended by the Career Service Board at the hearing. Vote multi 1111 tllc: -dacat: Ayes: Council Members Hathaway, Vormittag. Wiggins, Habenicht. Waggoner. Waldman. Bums ' ...... •, ... I • • 0 , Encln'ood City CINlncil July 17, 1995 Pa,:e 10 Nays : None Motion carried. • • - Vote raultt on motioa to appl'Vft C•ac:il Bill No. JI u -*41: Ayes: Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner. Waldman, Bums Nays : None Motion carried. (b) Approve on Second Reading Then:: wen:: no additional items submilled for approval on second reading . (See Agenda Item 10 • Consent Agenda .) 12 . Gewenl DilCUuion (a) Mayor's Choice I . Mayor Burns n::p>rted on his July 13 and 14, 199S trip to Washington, D.C . He Slated the main objective of the trip was 10 get the support of the Colorado scnaton for the Southwest Corridor Light Rail project . He and Littleton Mayor Dennis Reynolds met with Colorado Senators Campbell and Brown. as well as Mr. Linton. Federal Transit Administrator . Mayor Burns noted he was advised this evening that Senator Brown plans 10 write a leller to Senator Mark Hatfield, Chainnan of the Appropriations Commillcc, asking that he add the $1 S million request for funding lo the Senate appropriations bill. (b) Council Member's Choice (i) Council Member Hathaway mentioned that Marjorie Rcichrath, who-killed in a car accident on Interstate 22S, was an Englewood n::sidcnl. She was a single mother ol three and a fund has been set up at Norwcst Bank to help the family . (ii) Council Member Wiggins Slated he is CX>nfldcnl that the money apclll by the City to send Mayor Burns to Washington D.C. has been money well spena. He feels the City will benefit from the Mayor 's c:trorts and he thanked him. (iii) Council Member Waldman : I . He stated the owner of Quick-Way Dry Cleaners at 3S07 South Logan Stred is c:iomplaining that he has had mucky water for about a 1non1h . Council Member Waldman asked that Slaff investigate and addn::ss his concerns. 2. He stated the neighbors around Duncan Part have cxpn::sscd concem n::prding late night loitering and acti\'itics. Mr . Waldman asked that patrol be stepped up in that an::a. (iv) Council Member Habenicht commended Mayor Bums for all the work be has done in an effort to sccun:: funding for the light rail project . She Slalcd that he has shown strong, clear kadcrship and has made the City very pr!Nld . 13 . City Manaaer'• Report ' ..... . ' .. I • • 0 En&kwood City Cooncil July 17, 1995 Pace 11 '· • • , . • (a) Cily Manager Clark provided a Redevelopment Report on Cinderella City. He advised that he and Skip Miller met with Rich Dolson, retired head of Asset Management for Equilable ~ Estate, in Atlanta lasl Friday. Mr. Clark stated ii was a veiy productive meeting and he will be reporting to Council on that meeting later. He noted that we arc at impasse as to who will cover the aJSt of environmental remediation . Mr. Clark advised that he will meet with Mercantile Corporation officials in Cincinnati on August 22, 1995. He reported that we have reached an agreement, in principal. with the Miller-Kitchell Development Company. Mr. Clark added that he has nothing to report regarding the Montgomeiy Ward lease. (b) City Manager Clark joined the City Allomey in requesting an Executive Session immediately following the Council meeting. He staled he needed to dilCUSS a real cstaac mailer with Council. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS A REAL ESTATE MATTER. Mayor Bums added that Allomey Martin Semple has prepared a draft of the City Manager's review and would like lo discuss this with Council tonight during Executive Session. Ayes: Council Members Hathaway, Vonninag, Wiggins, Habenicht. Waggoner, Waldman, Bums Nays : None Motion carried. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO AMI.ND THE MOTION TO INCLUDE, DURING THE EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING, THE DISCUSSION OF A PEIISONNI.L MATTER AND A NEGOTIATION STRATEGY. A)-cs : Council Members Hathaway. VOllllinag, Wigias. Habalichl. Waggoner, Waldman, Bums Nays : None Motion carried. 14 . City Attoncy'1 Report City Auomey Brotzman did not have any mauers 10 bring before Council. COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN. The meeting adjourned al 8 :29 p .m . ~dlu,cti~ City erk ' . ' .. I . • 0 , I - • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 17, 1995 7:30 P.M. 1 . Call to order. I?; 9!} f!"" 2. Invocation. {)J~ 3. Pledge of Allegiance. ~ 4. Roll Call . aL/ '} ~ 5. Minutes. flff"'?-D a. Minutes from the Regular City Council Meeting of July 3, 1995. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) ff 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) g 8. Communications, Proclamations, and Appointments. Good Samaritan Michael Crisler will be recognized by City Council for his ,. .. tJff'-?-0 a . Off' 'l-f) b . efforts to help the victims of the Oklahoma City tragedy. /ll(,,ff/l{L~ A proclamation declaring August 1, 1995 as National Night Out.~ 9. Publi~ing. (None Scheduled) ... AibJ ;J/1h!iS:~~AJ:7~uJ-rf"~ ~ ~~c~{j,i)~~~ ,r;::o -' .. ~v-,~r~o~st Re~ '/J {a)ux.1 u( I v)'F(VJ ~-i. Recommendation from the Department of Public Works to approve, by motion, a construction contract for Concrete Replacement District 1995. 51/teKJIU l)f.U '1--&)JF.r. it~taff recommends awarding the bid to the low bidder, Steckholm ~~Sf, 9.,, l~ Development and Construction Company, Inc. In the amount of I" "' · $351,692.25 . STAFF SOURCE: ChartN Eaterty, Director of Pubic Work1. • Plule note: If you IYve a dltabillty and nw1-111ary aidl or---.,... natJfy the City af &lilawood (7'2-2371) al least 48 houn in advance of when MfYices -......_ Thlllli ,au. ' ...... •. I . • 0 '32xl City Council Agenda July 17, 19915 Page2 ii. • • • • • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with The King C. And Evelyn Leigh Hudson Foundation for a diversion gate structure and pipe to be placed on the City Ditch. STAFF SOURCE: Stewart H. Fonda, Dnctar of Utllltln. (!JI,: ~6:J.j)tl iii. ~7,0 Recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving Southgat~~e~:_1~6: STAFF SOURCE: iv. Stewst H. Fonda, Director of v-~~ Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to Wastewater's contribution to the Industrial Pretreatment Program. STAFF SOURCE: Stewst H. Fonda, Director of the Uttleton/ Englewood Wastewater Treetment Plant. IJ.#I.n.-v. Recommendation from the Department of Financial Services to approve, by motion, a funds transfer agreement with Bank One. STAFF SOURCE: Frank Gryglewlcz, Director of FinalClal S.*-. b. . ~~()(i,~)~~~q.__ Appro7'µ'9$~h~=~~~~ )Q;)'ffl.ii J ,n d A.-3.S--0.bA .J }t Council Bill N;,"'io:7ufjf;izing an lnter6'dvemmental Agreement with u < fr -Tr--'l--0 Arapahoe County for a Coordinated Meil Ballot Election~ ()1JI 33 ii. Council Bill No. 36, amending the Flood Plain Ordinance. ~4-iii. Council Bill No. 37, authorizing an agreement with the State Board of the Great Outdoors Colorado Trust Fund to construct the Arapahoe Greenway Trails Connection. • 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. ~/ i. flf P-' '1-0 ii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance submitting to a vote of the ragisterad electors of Englewood regarding a proposed debt issuance for the remodeling and upgrade of the present police and fire communications facilrtx'/. JTAFF_ , SOURCE: Frank Gryglewlcz, Director of FlnalClal SemcN. ~ Recommendation from the Department of Financial Services to adopt a bill for an ordinance submitting to a vote of the registered electors of Concrete District 1995 regarding a propoaad debt iuuance to fund the ,I ~-a--( citizens' portion of concrete r~s. ST • : Frank Gtftlewicz, fJ... IArHHJl~M of Flnanclal Servtcee. ~nJ:f/~ • .. I. • 0 1 32xl • City CouncH Agenda July 17, 1995 (, • 0 • , . " \ Page 3 Recommendation from the Department of Financial Services to adopt a bill for an ordinance submitting to a vote of the registered electors of Englewood regarding proposed charter amendments relative to financial issues. SJf;~"'!..._RCE._: Frank Gryglewicz, Dnctor of Financial Services. 7'1U.,1\1,U/~ {!e:,I &,__ iv. Recommendation from the Department of Financial Services to adopt a a~~J n __ o bill for an ordinance submitting to a vote of the registered electors of ,r (· Englewood regarding a proposed debt issuance for fire ~!_~~·~,A, STAFF SOURCE.: Frank Gryglewicz. Dnctor of Financial -~"'tj {!Ngr v. Recommendation from the Department of Administrative Services to (') adopt a bill for an ordinance submitting to a vote of the registered t1bhJ I.LJ fvNv,tJd_ · 1-0 electors of Englewood a proposed Charter Revision on Career Services. ff STAFF SOURCE.: ~-,Q,__Barthlome. Dnctor of Admlniabadite Services.~ 12. b. Approve on Second~ng. HATHAWAYMOVEDANAM£NDMENTTOTHE VERSION 2 OF COUNCL M.L. NO. 31 THAT THE · CITY ATIORNEY SHOULD llltlllFT LANGUAOE THAT WOULD IN ESSENCE ELIMINATE THE CAREER General Discussion. SERVICE BOARD""° SUBSTITUTE A HEARING OFFiceR PROCESS INSTEAD OF THE AD HOC a . Mayor's Choice. b . Council Members' Choice. CbMMITTEE THAT WAS ORIGINAU.Y PROPOSED IN VERSION 2. I 13. City Manager's Report. a . Redevelopment Report on Cinderella City. 14. City Attorney's Report. a . Recommendation to go into Executive Session immediately following the Off) 7-0 ,egulo, C"vJfm~~:i.."Z"'~ ~ •;*" Adjournment. ~ g:;;._r/~ The following minutes were transmitted to Council from 06/29/95-07/13/95: • Englewood Parks and Recreation Commission meeting of June 8, 1995. • Englewood Planning and Zoning Commission meeting of June 20, 1995. • Englewood Housing Authority meeting of May 31 , 1995. • Englewood Board of Adjustment & Appeals meeting of June 14, 1995. ,.._ note: If you hawe • dhablllty wl IINd aalllary ailk • ....._ plwe nallfy lhe City el E 19luwl (762-U,. II INII 41 houn In advance el we-____ ......._ Tilallli you. ' • ' .. I· • 0 '32 x l • • • 0 • AGENDA FOR THE REGULAR MEETING OF I• THE ENGLEWOOD CITY COUNCIL JULY 17, 1995 7:30 P.M. 1. Call to order ./?; 91} ~ 2 . Invocation. U)~ 3. Pledge of Allegiance. ~ 4. Roll Call . tiL/? ~ 5. Minutes. ~'l-0 a. Minutes from the Regular City Council Meeting of July 3, 1995. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) ff 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) g 8. Communications, Proclamations, and Appointments. fJff'-?-0 a. Off' 'l-fJ b. Good Samaritan Michael Crisler will be recognized by City Council for his efforts to help the victims of the Oklahoma City tragedy.~~ A proclamation declaring August 1, 1995 as National Night Out.~ (None Scheduled) i. Recommendation from the Department of Public Works to approve, by motion, • construction contract for Concrete Replacement District 1995. *-KJIU ()E.U '1-&;~.t!J~taff recommends awarding the bid to the low bidder, Steckholm 13'5(, 1•9~ ~S-Development end Construction Company, Inc. In the amount of I" · t351,892.25. STAFF SOURCE: CherlN Estarty, DINctor of Pubic Worb. • PleMe notr. If you hawe a dlublllty wl nwl aalllary _. •---. plwe llllllfr .. Clly el I -· 110II UU-ll71t at leut 48 houri in advance ol whaft .,._ .. ....._ n..11 yau. .. -• ' •. I . • 0 City Council Agenda July 17, 1995 Page 2 ii. • 0 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with The King C. And Evelyn Leigh Hudson Foundation for a diversion gate structure and pipe to be placed on the City Ditch. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. (!.JI~ ZLJJd iii. vrr 7-o Recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving Southgat~!~~~e~:_1~6." STAFF SOURCE: iv. Stewart H. Fonda, Director of v-~~ Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to Wastewater's contribution to the Industrial Pretreatment Program. STAFF SOURCE: Stewart H. Fonda, Director of the Littleton/ Englewood Wastewater Treatment Plant. /'J.#IA.-v. Recommendation from the Department of Financial Services to approve, by motion, a funds transfer agreement with Bank One. STAFF SOURCE: Frank Gryglewicz. Director of Financial Services. b . Appro~~~n~6 ~~~~f~t1f~Tt1f"b-- /Md A.. 3) f!flJ-), Council Bill N;,307u~;izing an lnte~tal Agreemen with U' fr--'t-0 Arapahoe County for a Coordinated Mail Ballot Election. ~--"' .. t,lllf) rnJI 33 ii. Council Bill No. 36, amending the Flood Plain Ordinance. tM-J-3i-iii. Council Bill No. 37, authorizing an agreement with the State Board of the Great Outdoors Colorado Trust Fund to construct the Arapahoe Greenway Trails Connection. • 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. Recommendation from the Department of Financial Services to adopt a bill for an ordinance submitting to a vote of the registered electors of Englewood regarding a proposed debt issuance for tM remodeling and upgrade of the present police and fire communications facilitx:,. JTAFF_ 1 SOURCE: Frank Gryglewicz, Dintc:tor of Financial Semces. ~ Plew note: If you hawe a llNbllily and nNd Mmlliary .i. or..,._, plwe nodfy the City of &lpwood (762-2370) at ....... '-' in advance of ......................... you. ' •. I • • ' f City Council Agenda l July 17. 1995 Paga 3 '· • • • Recommendation from the Department of Financial Services to adopt a bill for an ordinance submitting to a vote of the registered electors of Englewood regarding proposed charter amendments relative to financial issues. SJf!f_!J;!'!..._RCE_: Frank Gryglewlcz, Director of Financial Services.~ (!/#I ~ iv. Recommendation from the Department of Financial Services to adopt a "' - /JM.J n_.o bill for an ordinance submitting to a vote of the registered electors of ~r (· Englewood regarding a proposed debt issuance for fire equipm~~!·~,A. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servi~"'t) {!,Jt:;l,,gf v. Recommendation from the Department of Administrative Services to (') adopt a bill for an ordinance submitting to a vote of the registered llllhJ 4LJ ~ · 1-0 electors of Englewood a proposed Charter Revision on Career Services. ff STAFF SOURCE: Randie Barthlome, Director of Adminlstnltlve Services.~ 12. b. Approve on Second'ff.:~ HATHAWAY MOVED AN AMENDMENT TO THE VERSION Z OF COI.IIICL al. NO. 31 THAT THE • , CITY ATTORNEY-SHOULD DIUU'T LANGUAGE THAT wou.D IN EueNCI! ll!I.IMINATE THE CAREER General Discussion. saw:e IIOARD AND suaTITVTE A HEARING OfflCeR PROCESS INSTEAD OF THE AD HOC COll.-n& THAT WAS OIIIGINALL Y PROPOSED 'VEISIONZ. a . Mayor's Choice. b . Council Members' Choice. 13. City Manager 's Report. 1 . Redevelopment Report on Cinderella City. 14. Citv Attorney 's Report. n 1 . Recommei ldation to go into Executive Session immediately following the ,(} regular City ~I "!llti."t to P.!!4=uss development of a negotiation strat~) .. / /L,L(_UI/I/N:UJA.; a.../_~~. wr Ad,oumment . lfllTJ~~A~ g,:~~ The following minutes were transmitted to Council from 06/29/95-07/13/95: • Englewood Parks and Recreation Commission meeting of June 8, 1995. • Englewood Planning and Zoning Commission meeting of June 20, 1995. • Englewood Housing Authority meeting of May 31, 1995. • Englewood Board of Adjustment & AppHls meeting of June 14, 1995. ,.._ nae.: If you hliw • dlNINllty wt nwl...., _. or wvlcet, plwa naffly the City ol & ... wood (762-2370) al lult 41 hours in advance of.._.._..._......_ l"-you. I • • 0 I • • - '· ... ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO JlllyJ, 1"5 I. Call to Onler The regular meeting of the Englewood City Council -called to order by Mayor Bums 117:33 p.m . 2. Jnvocatloa The invocation was given by Council Member Habenicht . 3. Pled&e of Allqiaace The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Prcsenl: Abscnl: Council Members Hathaway, Waldman. Habenicht., Vonnittag. Waggoner, Bums Council Member Wiggins A quorum was present. Also present : City Manager Clark 5. Minutes Assislanl City Auomcy Reid Assi11ant to the City Manqcr Grace City Clerk Ellis Community Rclalions Olic:cr Pdcnoll Director Ellcrty, Public Works Fire Administnlion Division Cllicf' Lockwood Dinctor SlaDley, Safety Services Plaanin& Adminislntor Stitt (a) COUNCIL MEMBER &\THAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF 111E REGULAR MEETING OF JUNE 19, 1"5. Motion carried . Ayes : Council Members Hathaway, Vormitta&, Habenicht., Wagoner, Waldman. Bums Nays : None Absent : Council Member Wiggins 6. Scheduled Vlliton (a) Mayor Bums staled that 11m:nl Community Volunteers were 10 be m:opized for !heir commitment 10 the community and their panicis-tion in apecial community clean-up proja:U . He aa'cnd thanks 10 the volunteers. on behalf of Council, and IWed thll vollllllecrl an: Cllelllial to I COIIIIIIUllity like . ' • . ... I. • 0 f ~2xl • • 0 • Englewood City CIMlncil July J, 1995 Pagel Englewood. Mayor Bums, with the assistance of Nanc:y Peterson, Community Relations Officer. presented certificates of appreciation to the following: Craig O'Brien, of Ace Cash Express Bun Chevrolet representative, A. J. Ouanella Tim Walker, Englewood resident KeMy Electric representative Tim Walker Lisa and Ric Congelton and family, Englewood residents Al Stanley. Safety Services Director Joyce Parsons, Code Enforcement Officer Mike Major, of Home Base Improvement Englewood Kiwanis Club representative Al Stanley Bob Naudack. Englewood resident Oreg Caner, owner of Broadway's Billards Velda Oates, Englewood resident Waste Management representative. Dean Vandemaan Home Base representative, Mike Major The follo'l\ing were not present, their certificates will be mailed: Domino's Pizza, Jason Warden Karma Yorker, Englewood resident Neal and Julie Smith, of the Shirley Company Anne Anderson, Englewood resident Katherine Fischbach. Englewood resident I Clerk 's note: Jason Warden. representing Domino's Piu.a, entered the meeting during the reception and received his ccnificate . I ••••• COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO BRING FORWARD AGENDA ITEMS 9 (a) THROUGH (o). Motion carried . Ayes : Council Members Hathaway. Vonnittag. Habenicht, Waggoner, Waldman, Burns Nays : None Absent : Council Member Wiggins 9 . (a) COUNCIL MEMBER HATHAWAY MOVED,AND ITWAS SECONDED, TO ACCEPT WITH DEEP REGRET DON STYES' LETTER OF RESIGNATION FROM THE LIQUOR LICENSING AUTHORITY. Council Member Hathaway recognized Mr . Styes lengthy service 10 the community as Chairman of the Liquor Licensing Authority . Ayes : Nays : Absent: Motion carried . - Council Members Hathaway. Vormittag. Habenicht, Wagoner. Waldman. Burns None Council Member Wiggins I • • 0 • • Englewood City Council July 3, 1995 Pagel .. • 0 • Mayor Burns recognized Mr. S1yes' service to the community, lilaling c.ouncil presented him with a letter and a plaque recently . He understood Mr. S1yes is not in good bealth and, on behalfofc.ouncil, be wished him the best. (b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET PATRICIA HOWE'S U:1TER OF RESIGNATION FROM THE ENGLEWOOD CLEAN, GREEN, AND PROUD COMMISSION. Ayes: Council Members Ha&haway, Vormittag, Habenicht, Wagoner, Waldman, Bums Nays : None Absent: Council Member Wiggins Motion carried. Mayor Bums offered appreciation, on behalf of Council, for Patricia Howe's service to the community . (c) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET CURTIS SUCH'S LETTER OF RESIGNATION FROM THE. ENGLE.WOOD LIQUOR LICENSING AUTHORITY. Ayes : Council Members Hathaway, Vonnittag, Habenicht, Wagoner, Waldman,Bums Nays : None Absent : c.ouncil Member Wiggins Motion carried. Mayor Bums offered appreciation. on behalf al Couacil. for Oani5 Suell '1 service to the a,mmunity. (d) A resolution appointing Doug Anlold 10 die Eapwood Clean, Gn:cn and Proud Commission for the City al Englewood -COMidenld . The resolution was assigned a number aad lad i,,, lidc: RESOLIJTION NO .«. SERJES OF 199S A RESOLIJTION APPOINTlNG DOUG AllNOLD TO TIE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD. COi Oll-'00. COUNCIL ME.MSER HATHAWAY MOVED,AN8 ITWAS ACONDED, TO APPROVE AGENDA ITEM t (Ill)· RESOLUTION NO.", saUE5 Of 1"5. Ayes : Council Meabcn .......,., v....., HallCllic:llt, Wagoner, Waldmaa. Buras Nays : None Absent : Council Member Wiggim Motion carried . Mayor Bums presented a ccnificate and City pin to Doug Andel. (e) A resolution appoinlina Joye Lynn Barna IO Ille~ Uquor l..icalilla AUlbority for the City of Englewood was considered. The resolution "u usiped I number and lad i,,, tide : ' I . • 0 - • Englewood City Council July 3, 1995 Page4 RESOL\.TTION NO. 45. SERIES OF 1995 • 0 , . • A RESOL\.TTION APPOINTING JOYE LYNN BARNES TO 11IE LIQUOR LICENSING AlTIHORJ1Y FOR 11IE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (e) -RESOLUTION NO. 45, SERIES OF 1995. Ayes: Council Members Hathaway, Vormittag, Habenicht, Waggoner, Waldman. Bums Nays: None Absent: Council Member Wiggins Motion carried. (f) A resolution reappointing Gordon Close to the Englewood Downtown Development Authority was considered . The resolution was assigned a number and read by title : RESOL\.TTION NO . 46, SERIES OF 1995 A RESOLUTION REAPPOINTING GORDON CLOSE TO ENGLEWOOD DOWNTOWN DEVELOPMENT AU1ll0RITY . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (0 -RESOLUTION NO. 46, SERIES OF 1995. Ayes : Council Members Hathaway. Vormittag, Habenicht, Waggoner, Waldman, Bums Nays : None Absent : Council Member Wiggins Motion carried. Mayor Bums presented a certificate and City pin to Gordon Close. (g) A resolution reappointing Steve Collins to the Englewood Downtown l>!Mlopmenl Authority was considered . The resolution was assigned a number and read by title : RESOLUTION NO . 47 . SERIES OF 1995 A RESOLUTION REAPPOINTING STEVE COLLINS TO ENGLEWOOD DOWNTOWN DEVELOPMENT AU1ll0RITY . COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE AGENDA ITEM 9 (&) -RESOLUTION NO. 47, SERIES OF 19'5. Ayes : Council Members Hathaway, Vormittag, Habenicht, Waggoner, Waldman. Bums Motion c:irried . Nays : None Absent : Council Member Wiggins .. .... ...... ... D I • • 0 • Englewood City Council July 3, 1995 Page5 '· • • • (h) A resolution reappointing Barbara Fout to the Liquor Licensing Authority for the City of Englewood was considered . The resolution was assigned a number and read by tide: RES0L1JTl0N NO. 48, SERIES OF 1995 A RES0L1JTION REAPPOINTING BARBARA FOlTT TO 1llE LIQUOR LICENSING AUTHORITY FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BATHAWA Y MOVED, AND IT WAs SECONDED, TO APPROVE AGENDA ITEM 9 (Ii) -RESOLUTION NO. 41, SERIES OF 1995. Ayes: Council Members Hathaway, Vormittag, Habenicht. Waggoner, Waldman. Burns Nays : None Absent: Council Member Wiggins Motion carried . (i) A resolution appointing Stan Lange to the Clean, Green and Proud Commission for the City of Englewood was considered . The resolution was assigned a number and read by tide : RESOL1JTION NO . 49 , SERIES OF 1995 A RES0L1JTION APPOINTING ST AN LANGE TO 1llE CLEAN. GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (I) -RESOLUTION NO. 49, SERIES OF 1995. Ayes : Council Members Hathaway, Vormittq. Habenicht, Waggoner, Waldman. Burns Nays : None Absent: Council Member Wiggins Motion carried. Mayor Bums presented a certificate and City pin to Sun Lange . (j) A resolution appointing Daniel McKay u a Youth Member of the Parks and Recreation Commission for the City of Englewood was considered . The resolution was assigned a number and ready by tide : RESOLtmON NO . 50, SERIES OF 1995 A RES0Ltm0N APPOINTING DANIEL MCKAY AS A YOlmi MEMBER OF 1llE PARKS AND RECREATION COMMISSION FOR 1llE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (j) -RESOLUTION NO. SO, SERIES OF 1995. .. ..... • . .. I . • 0 • Englewood City Council July 3, 1995 Page6 . ' • • - Ayes: Council Members Hathaway, Vonninag. Habenicht, Waggoner, Waldman. Bums Nays: Absent: None Council Member Wiggins Motion carried . (k) A resolution appointing Gladys Reines to the Malley Center Trust Fund Board for the City of Englewood was considered. The resolution was assigned a number and read by title: RESOLUTION NO . 51, SERIES OF 1995 A RESOLUTION APPOINTING GLADYS REMES TO 11IE MALLEY CENTER TRUST FUND BOARD FOR 11IE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (k) -RESOLUTION NO. 51, SERIES OF 1995. Ayes: Council Members Hathaway. Vonninag. Habenicht, Waggoner, Waldman. Bums Nays: None Absent : Council Member Wiggins Motion carried . Mayor Burns presented a certificate and City pin to Gladys Rcmes. He Slated that Ms. Rcmes has been a volunteer at the Malley Center almost since the day it opened and she has been a great asset . (I) A resolution reappointing Orris Saunders to the Malley Center Trust Fund Board was considered. The resolution \\'85 assigned a number and read by title : RESOLUTION NO . 52. SERIES OF 1995 A RESOLUTION REAPPOINTING ORRIS SAUNDERS TO MALLEY CENTER TRUST FUND BOARD . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (I) -RESOLUTION NO. 52, SERIES OF 1995. Ayes : Council Members Hathaway, Vormittag. Habenicht, Waggoner, Waldman. Bums Nays : None Absent: Council Member Wigins Motion carried . Mayor Bums presented a certificate and City pin to Orris Saunders. (m) A resolution appointing Marjorie Schwindt to the Malley Center Trull Fund Board for the City ofEnglcwood \\'85 considered . The resolution was assigned a nwnbcr and read by title : ' ,. - .. I • • 0 '32xl - • Englewood City CCN1ncll July 3, 1995 Page7 RESOLlITION NO . S3, SERIES OF l99S '· • 0 , . • A RESOLlITION APPOINTING MARJORIE SCHWINDT TO TifE MALLEY CENTER TRUST FUND BOARD FOR TifE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (m) -RESOLUTION NO. 53, SERIES Or 1995. Motion carried. Ayes: Council Memben Hathaway, Vonnittag, Habenicht, Waggoner, Waldman, Bums Nays: None Absent: Council Member Wiggins (n) A resolution appointing David Warner to the Liquor Licensing Authority for the City of Englewood was considered. The resolution was assigned a number and read by title: RESOLUTION NO . S4, SERIES OF l99S A RESOLlITION APPOINTING DAVID WARNER TO TifE LIQUOR LICENSING AlITHORITY FOR TifE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (a) -RESOLUTION NO. 5', SERIES or 1ffl. Motion carried . Ayes : Council Members Halbaway, Vormittag. Habenicht, Wagoner, Waldman. Bums Nays : None Absent: Council Member Wigi111 (o) A resolution appointing Sabrina Williams• Youth Liaison to the Public Library Board for tlic City of Englewood was considered . The resolution "'IS assigned a number and read by title : RESOLUTION NO . SS. SERIES OF l99S A RESOLUTION APPOINTING SABRINA WILLIAMS AS YOlmi LIAISON TO TifE PUBLIC LIBRARY BOARD FOR TifE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 9 (o) -RESOLUTION NO. 55, SERIES or 1ffl. Ayes : Council Membcn Hathaway, Vormitta&, Habenicht, Wauoaer. Waldman. Bums Nays : None AblCnt : Council Member Wigins Motion canicd. Mayor Bums praenled I certificate and City pin 10 Sabrina Williams . .... I· 0 • Englewood City Council July 3, 1995 Pagel • • t• • ••••• After making the presentations, Mayor Bums offered, on behalf of Council, thanks and appreciation 10 lhe board and commission appoinlees . • •••• Mayor Bums prcscnled a special certifica1e of appreciation IO DilCCIC>r Al SWlley recognizing his dedication 10 lhe communily . 7 . Brief Rec:epticlll for Volunteer RKopltioll Mayor Bums n:cessed lhe meeting al 7 :55 p.m . for a brief recq,tion honoring lhe volunlccrs . Mayor Bums reconvened the mccling al 8:20 p.m. wilh six members present and one member absenl, Council Member Wiggins . A quorum was present 8. Noa-telleduled Viliton (a) Mr. Norwood McFarland. 2290 Soulh Vallejo Street. stated he bas a complaint against lhe paramedics and lhe Police Departmenl . He complained about lhe way he was treated by lhe paramedics who were summoned when he suffered an epileptic seizure . Also, Mr. McFarland related thal be came down lo Ci1y Hall the next day. June 20, 1995, lo try lo talk IO someone and he was DOC allowed to talk to an)·onc and lhe police were called lo evict him from lhe building . He submitted a letter to Mayor Bums which he indica1ed was his anempl lo have his concerns heard. Mayor Bums accepled his letler. Agenda l1erns 9 (a) lhrough (o) were broughl forward . Sec pages 2 lhrough 8. 10. l'llblic Hearing No public hearing was scheduled before Council. 11 . Content Agenda COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 11 (a) (I) tllrougll (ill) ON FIRST READING. (a) Approve on First Reading (i) CONnACT Willi NEW DESIGN CONSTIWCTION COMPANY IN 1HE AMOUNT OF $35 ,400 .00 FOR 1HE REPAIR AND UPGRADE TO 1HE LOGAN STREET BRIDGE AND APPROACH RAIL SYSTEMS . (ii) COUNCIL BILL NO . 36. INTilODUCED BY COUNCIL MEMBER HATIIAWAY ,. - . ' • . ... I • • 0 , • 0 t• ·, • '· Englewood City Council July 3, 1995 Pagc9 A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 16, SUBSECTION 16C OF 1llE ENGLEWOOD MUNICIPAL CODE PERTAINING TO 1llE FLOOD PLAIN ORDINANCE . (iii) COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER HA'JliAWAY A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND 111ROUGH 1llE ARAPAHOE COUNTY CLERK AND RECORDER AND 1llE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 7, 1995. Vote multi: Ayes : Nays : Absent: Motion carried . Council Members Hathaway. Vonnittag, Habenicht, Waggoner, Waldman. Burns None Council Member Wiggins COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (b) (I) THROUGH (Iv) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO. 29, SERIES OF 1995 (COUNCIL BILL NO . 31), INTRODUCED BY COUNCIL MEMBER HA'JliAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD. COLORADO AND 1llE CITY OF LITJl.ETON. COLORAOO WI111 RESPECT TO 1llE FINANCING OF MEDIAN LIGHTING ENHANCEMENTS ALONG 1llE SOUTH SANT A FE CORRIDOR. (ii) ORDINANCE NO . 30, SERIES OF 1995 (COUNCIL BILL NO . 32). INlltODUCED BY COUNCIL MEMBER HA llfAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE STA TE OF COLORADO DEPARTMENT OF TRANSPORTATION AND 1llE CITY OF ENGLEWOOD , COLORADO PERTAINING TO 1llE SANT A FE CORRIDOR ENHANCEMENTS CONTRACT . (iii) ORDINANCE NO . 31 . SERIES OF 1995 (COUNCIL BILL NO. 33). INlltODUCED BY COUNCIL MEMBER HA 'J1iA WAY AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 6, OF 1llE ENGLEWOOD MUNICIPAL CODE 1915 REGARDING OBSTRUCTING HIGHWAYS AND PUBLIC PASSAGES . (iv) ORDINANCE NO . 32. SERIES OF 1995 (COUNCIL BILL NO. 34), INTRODUCED BY COUNCIL MEMBER HA'JliAWAY ' "' - •. I . • 0 • • Englewood City Council July J, 1995 Page 10 • 0 • AN ORDINANCE AlITHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11ffi UNITED STATES DEPARTMENT OF 11ffi INTERIOR GEOLOGICAL SURVEY AND 11ffi CITY OF ENGLEWOOD, COLORADO ENTITLED MDEPARTMENT OF 11ffi INTERIOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ." Vote results: Ayes: Nays: Absent: Motion carried. Council Members Hathaway, Vonnittag. Habenicht, Waggoner, Waldman, Burns None Council Member Wiggins 12. Ordinances, Retolution1 and Motion, (a) Approve on First Reading (i) Director Esterly and Fire Administration Division Chief Lockwood presented a recommendation from the Dcpanments of Public Works and Safety Services to approve, by motion, a construction contract in the amount of$98.973 .00 to J.C . Brooks cl Company for the remodeling and expansion of the Tejon Fire Station. Mr. Esterly stated funds for this project were budgeted in the amount of $90.000.00 in the I 99S Public Improvement Fund (PIF). The project cost summary, includina to date ex-pc:nscs. is $133.4S3 .00 and adequate funds are available in the PIF fund balance . Council Member Hathaway questioned whclhc:r the fact that the City must contribute an additional $8.973 .00 from the PIF for this project will restrict anything else the City might want lo do out of the Fund. Director Esterly stated it "ill not and staff does not anticipate an additional appropriation for this project . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A CONSTRUCTION CONTRACT IN THE AMOUNT OF $91,973.00 TO J.C. BROOKS & COMPANY FOR THE REMODELING AND EXPANSION OF THE TEJON FIRE STATION. In response to Council Member Vormittag. Director Esterly staled this is approximately a four month project once the contract is awarded and signed. Council Member Hathaway questioned why it took so long for Council lo receive this request as ad\'enisement for proposals began on April 19, 1995 . Director Esterly stated staff was looking into other options and determining whether they wanted to recommend proceeding with this project . Council Member Waldman asked if the City is required to do this project so that male and female firefighters have separate facilities. Director Esterly stated the City has an agreement with the firefighters. which was pan of negotiations. to prO\idc these fxilities. Council Member Habenicht stated that this has always been I difficult project for her and she has never felt comfonable supponing it. As budget discussions have indicated that this project is pan of an employee agreement she indicated she will suppon the project. However, Ms. Habenicht stated she feels there arc other things that arc far more important to spend money on and set done in the community. She noted she strongly believes in equal opponunity and women's ri&hts. but she does not believe it n:ally extends to $98,000.00 wonh of improvements. .. -• .,, - •. ' .. I • • 0 • Englewood City Council July 3, 1995 Page 11 ' • 0 I• • In response to Council Member Vonnittag. Division Chic:f'Lockwood stated there arc currently two females employed in the Fire Division and on any given day one or both may be working at the Tejon Station. In response to Council's questions, Mr. Lockwood explained that lack or separate bathroom and shower facilities bring into play discrimination types of issues u -11 u iaa of privacy and convenience. He stated this issue has been under di5CU5Sion since approximately 1985 or 1986. Division Chief Lockwood noted that stall' has felt that, at some point, the City will be forced by the aJWts 10 comply with providing coed facilities . He indicated that the firefighters have been reasonable. patient and willing to wort with the City u they understand money has been tight. II - Council Member Vonniltag questioned whether the firefighters would rather have the COllllnletion wort done or the equipment they have been asking for. Division Chief Lockwood lilaled that, with due respect to the question. he did not feel it is reasonable 10 pose that question . He pointed out that for a number of years they have been trying to do an upgrade to the Self Contained Breathing Apparatus (SCBA), which has been traded off' a couple of times in lieu of the remodel and there is somewhat of a crisis situation with firefighters' apparatus. Safety Services Director Stanley advised Council that u far back u 1989 the female firefighters, through their attorney. notified the City that they were going to file a suit. This is notjUSI a situation of whether they want equipment or not . Mr . Stanley explained they feel that wortin& in the Tejon station is discriminatory towards them . The City negotiated an agreement with the firefighters which indicated the City would complete the construction on the Tejon Station and provide both male and female facilities two years ago . Two years ago. u the City wu experiencina an economic: crisis, the firefighters agreed to allow the City 10 forestall the project for an additional time period. Dil'IICIOI' Stanley pointed out that this is not just a women's issue, but a male/female issue in the Fire Divilioa and they arc very c:oncemed about this. He noted that money has been put aside for this project tlwc different times. Council Member Hatha"11)' asked if there wu not also some COIIClffll that the City may be restricting the females from being trained adequately in the area of ha7.ardous materials 81 the Tejon Station IClldl 10 have an emphasis on lwanlous materials based on its location . Direc:tor Stanley concurred. Director StanlC)' reilerated thal this is not just a female issue 81 there arc male firefi&hlers that arc also offended by the siluation. He fell the firefighters have been very patient with the City . Council Member Vormiltag stated he jUSI wanted 10 make sure this is whal the firefighters want and he pointed out that this is the first lime he has heard about the issue . Division Chief Lockwood reiterated thal in the p1111 there has been a kll of give and lake bued on the City 's financial silualion . Council Member Habenicht stated the discussion has been enli&hlenina. Ml. Habenicht c:ommenled that she appreciated Council Member Vormittag's question. and the raponlC that was made, 81 it became very clear 10 her thal ii is imponanl 10 be supporti,-e of the workplace for the employca, 81 well 81 looking cowards whal needs to be done for the City . She lilaled the dillCllllion helped put the issue in perspective for her and in good c:onsc:ience she can now VOie for the project . Council Member Vormittag qreed that the issue has been c:larifled and he feels the money will be well spcnl as it "ill bencfic all of the firefighters . • ...... • . ... I • • 0 '32xl • Englewood City Council July 3, 1995 Page 12 • 0 , . • Mayor Bums noted Iha! he is new 10 the issue also. He feels if the Tejon Sialion is to be used the City should provide the appropriale ac:commodalions . Vote raults: Ayes : Nays : Absent Motion c:arried . Council Members Halhaway, Vormi11ag, Habcnic:hl, Waggoner, Waldman, Bums None Council Member Wiggins ,,, - (ii) Planning Adminisuator Stitt presented a rcc:ommcndalion from the Englewood Planning and Z.Oning Commission to adopt a resolution approving the South Denver Medic:al Plua Planned Development. He staled that the proposal is to develop an approximately 43,000 square fOOl, two-story. medic:al offic:c building on the nonhwcsa corner of Lincoln and Floyd. Because of the size of the property. I . 4 ac:rcs. a planned development is required . This is a fairly typic:al mcdic:al offic:c building, there is nolhing e:,,.traordinary about ii in lerms of the siling or ilS amenities. He poinled out lhal the proposed landsc:aping is above and beyond Englewood Code requiremenlS . The Planning Commission found in their review of lhe proposal 1ha1 two issues nccdcd resolution before they prcscnled ii lo City Council for consideralion. Both issues of conc:cm were resolved as the applic:anl secured an agrcemcnl wilh the Arc:hdioc:csc of Denver for an addilional 2S parking spac:cs and, as required by the Ulililies Depanmenl, they resolved the issue of prolcc:tion of the City Ditc:h as it c:rosscs the subjcc:t site by entering inlo a lic:cnse agreement. Mr . Still staled lhat, as both issues were resolved and the developmenl docs not pose any e:,,.traordinary issues 10 the community, stalJ is rcc:ommencling lhat a public: hearing before Council be foregone . Council Member Vormi11ag asked what the traffic situation is going to be at Floyd and Broadway if the building is construc:led. Mr. S1i11 advised that the sile has been vacant for quite a few years and so traffic will increase bul the traffic will be moderated throughout the day, a signilic:anl portion of the traffic will probably use Eastman and there is adcquale parking. Discussion ensued. In response 10 Council Member Vormillag. Mr . Still explained lhat the proposed building will be similar lo lhe medical offic:c buildings affilialed with Swedish Mcdic:al Center or the Kaiser Permancn1e Off"tee in the 2900 bloc:k of Sou1h Broadway . Discussion ensued . Council Member Waggoner asked if ii is the thinking bctwccn the Church and the mcclic:al plaza that those parking lolS will not be used at the same lime . Mr. Still Slated that generally that is the c:asc . The agreemenl wilh the Arc:hdioc:csc involves the overflow puking lot and includes a lilipulalion lhat they would ha,•e the righl 10 ask 1he mcclic:al plaza to relocale some of" their cars in the event there was a funeral or some other c:hurc:h activity during the day . Likewise lhcrc is a rcciproc:al agrcemenl included Iha! allows the church lo use the mcclic:al ccnler parking during non-business hours . Mayor Bums asked why stalJ docs not feel Council needs 10 hold a public hearing . Planning Administralor Still staled thal this development has posed no e"1nl0rdinary problems to the City in terms of the m ·iew . He pointed out that the conditions that were imposed by the Planning Commission would have been imposed by stalJ had lhcrc not been a public hearing or a required planned development. The planned development provides for some llexibility in the siting of stnlcturcs and the potential for reduction in parking if a study can show that is ncccssary . But this development followed the Zoning guidelines to the le11er. In li&ht of that staff" feels lhcrc is nothing to be pined by the community by holding a public hearing before Council. • •. I • • 0 • En&lewoocl City Council July 3, 1995 Page 13 • 0 • Council Member Habenicht asked what mitigation, if any, there is in terms of this being adjacent to IOIIIC single residential propeny to the north of the proposed development, even though it is DOI within the mnc. Mr . Stitt stated that propcny owner came to the Planning Commission Public Hearing and expressed concern about the fence . He advised there will be some landscaping on that site. Mr. Stitt stated the propcny is mncd commercial so in a sense the residential propcnics can be considered nonconforming uses, however that docs not change the fact that there may be some impacts from traffic . He advised that the medical office developers have treated the situation rather sensitively in tcnns of how the parking is laid out. The impacts that might be expected from traffic probably would come about during the evening hours from headlights. etc. It is more than likely the medical office will be closed during the evening so this will not pose a threat. In response to Council Member Habenicht, Mr. Stitt advised that the landscaping, and specifically landscaping on the north side of this development, is pan of the Planned Development. He pointed out that the landscaping is required whether a planned development process was Rqllircd or DOI . Council Member Vonnittag asked if parking problems arc anticipated involving the Conoco station and Channel Six Reruns. Mr . Stitt felt that most of the patients and staff'ofthe medical building will be using the designated parking lots . He noted that part of the parking lot on the comer of Broadway and Floyd is a public parking lot and part is leased to B & B Conoco. He stated he did not believe there will be any conflicts . Mr . Stitt explained that a similar issue came up before the Planning Commission in reference to the Gothic and the developers indicated that if parking became a problem they would provide some security to keep the lots closed after hours. Council Member Hathaway stated that she has some reservations about not having a public hearing even though a lot of people testified . She questioned whether the whole neighborhood n:alizcd the impact or the size of the proposed development. She stated she feels that Council should hold a public hearing as there may still be some further public comment that the developer may DOI be sensitive to and that Council may not have heard about. Ms. Hathaway felt it is important to afford one more opponunity for comment. She acknowledged that the residents in that neighborhood arc a nonconforming use, however she pointed out they have been there a lot longer than this building has . Council Member Vonnittag asked if they do not want to have a public hearing because there is a major problem time-"isc on this development . Planning Administrator Stitt stated he does DOI have an answer for that . He stated the proposal was submitted to the City with a very tight time-frame, however he did not know if a public hearing would affect that schedule. Mayor Burns stated the developer has to be aware of the City 's normal planned development procedures. Mr . Stitt confirmed that they understand . Council Member Hathaway noted that staff' has indicated lhal there is DOI going to be that much of a traffic impact . She commented that, as she understands it, IIIOII olthe traffic that goes into Swedish comes do"11 Logan as opposed to Broadway. Ms . Hathaway swccl lhal if they access this paniculu property from coming down Logan either \\'BY and coming down Eastman, or even Floyd, it is going to have an impact on those residences even if they arc nonconformina uses in that panicular block . She staled she docs not think Council can just put that aside and not act comments from thole residents . Ms. Ha1haway advised that she is not convincccl thal she has reccivccl thole comments yet or lhal the traffic impact has been fully addressed . Council Member Waldman pointed out his concern that the infonutioo in the Coullcil packet iadicata that the Ci1y Dilch is somewhat fragile where they will be pavina -ii ud 11111 there is the poaibil.ity al some damage. He stated information indicates ii will be up to staff to apccil'y ••the_,. will be. • - • I • • 0 • • Englewood City Council July 3, 1995 Page 14 • 0 • which includes possibly repaving the entire ditch . Mr. Waldman asked if there have been any studies to see what kind of loading that will take. Planning Administrator Stitt stated there have been studies and in fact the license agreement was entered into to provide for the type of protection for the ditch . The developers engineers have looked at it. conferred with the Utility Department staff and designed a "cap" to be poured over the ditch which will suppon the loads that the parking lot will be subjected to and protect the ditch. In response to Council Member Hathaway. Mr. Stitt advised that it is a public improvement in a sense in that the ditch will be protected . He stated that the ditch is underground already in that location and the concern was that the pipe that the ditch is composed of might not suppon the typcS of loads that it might be subjected to and he reiterated that a "cap" was designed to go over it which is at the developers expense. Mayor Bums asked if there were any further questions . Council Member Hathaway questioned Assistant City Attorney Reid regarding the correct procedure for setting a public hearing in this matter. Council Member Habenicht commented that she feels the City should look at some of the areas in the community that arc nonconforming uses and see if a massive change in zoning is required in order to accommodate some of those things to bring our City in line with what we really arc and where we really want to be . She stated the City needs good buffers and good compatibility between our commercial and residential areas and she feels this is something that the City needs to look at in the future . Council Member Hathaway commented she would like to see something done to the Housing section of the Comprehensive Plan as it has been out of date for quite awhile. After discussion relative to procedure : COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 12 (a) (ii)-A RESOLUTION APPROVING THE SOUTH DENVER MEDICAL PLAZA PLANNED DEVELOPMENT. Ayes : Nays : Absent : Motion carried . Council Members Hathaway, Vormittag. Habenicht. Waggoner, Burns Council Member Waldman Council Member Wiggins Mayor Burns asked if approval of a planned development is I change of zoning . Council Member Hathaway answered that it is not as this is an approved use in this panicular zone already . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING FOR AUGUST 7, 1995 AT 7:30 P.M., AS PART or THE REGULAR COUNCIL MEETING, TO CONSIDER THE PLANNED DEVELOPMENT FOR THE SOUTH DENVER MEDICAL PLAZA FILED BY 3299 S. LINCOLN STREET PARTNERSHIP. Motion carried . Ayes : Council Members Hathaway. Vormittag. Habenicht. Waggoner, Waldman. Bums Nays : None Absent : Council Member Wiggins • ....... •. .. " I • • 0 • Englewood City Council July 3, 1995 Page 15 • • • (iii) Director Esterly presented a recommendation from the Department of Public Works to adopt a bill for an ordinance authorizing an agreement with the State Board of the Great Outdoors Colorado Trust Fund to construct the Arapahoe Greenway Trails Connection . He uted that the Parks section has applied for a State Trails Great Outdoors Colorado Trust Fund Grant to build a bicycle/pedestrian trail that connects the Arapahoe Greenway to the Centennial Park loop trail, which is also scheduled for construction this year. The grant would award the City S I0,000 which is 50% of the necessary funding to acx:omplisb the projccl . The trail connection will be COIISUUcled using concrete and is pan of the muter plan for Centennial Park. Mr. Esterly advised that funds were DIil budgeted in 1995 for this project. however adequate funding exists in the Conservation Trust Fund. He uted that lilaff requests that $10,000 be authorimd from the Conservation Trust Fund to ma&ch the grant funds n,ccived from the Great Outdoors Colorado. In response to Council Member Hathaway. Director Esterly confirmed that it is a condition or Great Outdoors Colorado Grants that the entity provide matching funds . He explained that the match can be various items and there an: minimums. however, there are no maximums to the match and the higher the match the more competitive the grants are . Director Esterly stated lilaff will be requesting the actual appropriation al the money at a laler lime . He noled that some of the match is to buy trees and some or the match is for volunteer labor houn used to plant the trees . Mr. ES1erly noled that there is also the possibility that the City might be able to do some of the work with in-kind services using some of our own forces. however we cannot do the concrete work . Discussion ensued regarding the Great Outdoors Colorado Grant Programs. In response to Council Member Waggoner. Director Esterly explained that the trail is 300 feet long in the nonheaSI quadrant of Centennial Park conneuing to the Platte River. The City Clerk was asked to read Council Bill No . 37 by title : COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER WAOOONER A BILL FOR AN ORDINANCE AU11fORJZING AN INTEROOVERNMENT AL AGREEMENT BETWEEN 11fE CITY OF ENGLEWOOD, COLORAOO AND 11fE STATE BOARD OF 11fE GREAT OUTDOORS COLORADO lllUST FUND ENTITLED" 1995 GREAT Ol1TDOORS COU>RAOO GRANT AGREEMENT ." COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (a) (Iii)· COUNCIL BILL NO. 37. Motion carried . Ayes : Council Members Hathaway , Vormittag. Habenichl. Waggoner, Waldman. Bums Nays: None Absent : Council Member Wiggins (b) Approve on Second Reading There were no additional items lllbmitted for approval on ~ readina -(See Apnda Item 11 • C-.at Agenda .) 13. Gnenl DIICIIIUOII • ...... • . ... I • • 0 1 J2xl • • Englewood City Council July 3, 199!1 Page 16 (a) Mayor's Choice • 0 - l . Mayor Bums advised that he attended the lasl two days of the Colorado Municipal League Conference in Grand Junction, that he fdt it was well worth it and appreciated Council's sending him. He noted that he will prepare • repon of the trip for Council and that he had primarily attended the City Attorney's section which covered a variety of subjects. 2. Mayor Bums axrunentcd that the funding for the light rail extension is DOl in the Congress budget bill . However, pursuant to the Highway Safety Act we haw another chance to get this funded . He discussed the dl'ons that have been made and ue going to be made regarding the light rail iauc:. Mayor Bums advised thal he and sewral people including Mayor Webb, the RTD Board Chairman and Littleton Mayor DeMis Reynolds haw been asked to go to Washington, O .C . on July 13 , 1995 to meet principally with our senators to try to get them on board with the light rail issue. He discussed the imponancc of getting the senators behind the issue. He &lated he will repon back to Council next week as he has asked for confirmation that they will be able to meet the senators. Council Member Hathaway asked if Council could get a commitment from Mayor Burns this evening to travel to Washington. O .C . Slating that airline rue may be a little cheaper if booked in advance and cited the fact that the next Council meeting is after the proposed trip. Mayor Bums stated he is committed to the trip and discussion ensued regarding the possible cost of the trip. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE FUNDS TO FUND MAYOR BURNS' TRIP TO W ASBINGTON, D.C. JULY 13, 199!1 UP TO A MAXIMUM OF Sl!IOO. Ayes : Nays: Absenl: Motion carried. Council Members Hathaway. Vormittag. Habenicht, Waggoner, Waldman. Bums None Council Member Wiggins Council Member Hathawa)' requested that if Mayor Bums finds he cannot go that the funds be deferred to someone else as she was sure the airline tickets cannot be refunded . (b) Council Member's Choice: (i) Council Mc:mbc:r Vormittag: I . He: requested thal City Manager Clark provide: an update on what Englewood has done to help the Cil)• of Sheridan as "u discussed during • meeting between Englewood and Sheridan . Ci1y Manager Clark stated there has been some: discussion with Sheridan regarding two issues, I) consolidaled communications/police dispatch and 2) re-deploying Englewood's fire apparatus on the west side of Santa Fe: between the: Sheridan and Tcjon stations. These issues, he advised, ue still in the study phase and once consensus is reached the findings "ill be presented to both Council's. Ci1y Manager Clark stated Council al111 asked to ICC if 111mc:tbing c:iould be done reprding street mainlc:nancc:. He ad\·iscd that the conclusion has been reached by both Englewood and Littleton staff that there is not much tha1 "'C can do. Consequemly, the recommendation to both Council's at the appropriate time "ill be that we not pursue any cooperation in that realm. ' •. ... I • • 0 '32xl - • Englewood City Council July J, 1995 Page 17 • 0 • Council Member Hathaway asked Cily Manager Clark if any iaucs have been rcsolw,d in the Clay Street problem . Mr. Clark stated he would check into it as the issue has not been cliscusscd. He explained that they more or less discussed the overall strategy . 2. He expressed his continued conccm for the situation at 480 I South Grant Street and noted that City Manager Clark will bc: addressing the issue under City Manager's Rcpon . (ii) Council Member Habenicht : "' - I. She stated she too ancnded the CML Conference in Grand Junction . Ms. Habenicht reported that the sessions were cxcdlcnt. she lcamed some: things that she fccls will be very helpful to the City and she is anxious to share the information . She thanked Council for the opponunity to attend and stated she will provide Council "ith a rcpon on her trip . 2. She stated, for the rcc:ord. that Council not let up on working with the State of Colorado Dcpanment ofTransponation in terms of the Santa Fe improvements and especially the order in which they arc going to bc: done in terms of the landscaping and the Navajo connection . Ms. Habenicht stated she remains very concerned "ith the issue and would like to keep it in the forefront. 3. She advised she received an award from the Colorado Women in Municipal Government which is given annually to women who have significantly contributed to women in municipal govcmmcnl. She noted she was the third recipient of this award and that it was very meaningful to her. Council offered their congratulations. 14 . City Manager•, Report {a) City Manager Clark presented a Rcdevclopment Report on Cinden:lla City . He stated that he and Skip Miller ha\'e a meeting with Equitable in Atlanta on July 13 and in addition they had a meeting scheduled with Mercantile in Cincinnati on July 14 on the RIWll lcg of the trip. As the Vice President of Real Estate for Mercantile has a ainf1ict on 1h11 date the meeting bas been canc:eled . However , Mr. Clark stated, they have been ISSURld tbal McR:antile wants to meet with than and drons arc bc:ing made to set up a meeting. With regard to Men:anlile, City Managcr Clark adviled 1h11 they arc working on a response to the Mayor's lelter. He noted that. based upon somc: of the IClephone conversations he has had recently with Mercantile, they ICCIII much more responsive as a result o( the Mayor's letter. Mr. Clark indicated he hopes 10 have news on Montgomay Ward at the nex1 meeting. En,·ironmental rq,ons came in a "-eek a,o and they arc being evaluated by the Public Worts llal" and the Miller/Kitchell people . He discussed the status of the clcvelopment agreement. (b) Cily Manager Clark stated Council has a memorandum from Community Servica Manager Blumenthal regarding the property at 480 I South Grant Street . The report indicates tbal the Housing Authority. through Project BUILD. has acquired this property and the old IIJUcture has been demolished . He stated he does IIOI know the time frame, however there will be a new house built on the property . (c) Cily Manager Clark rcc:ommendcd that Council go into Executive Session immcdiately following the regular City Council meeting 10 meet with the City's labor counsel reprding matters affecting collective bargaining. ' •. I • • 0 J~ • Englewood City Council July 3, 1995 Page 18 <. • • • COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS PERSONNEL NEGOTIATIONS. Ayes : Council Members Hathaway, Vonnittag, Habenicht, Waggoner, Waldman, Bums Nays : None Absent : c.ouncil Member Wigim Motion carried . 1.5. City Att-,'1 llepon (a) Assistant City Attorney Reid praenled a na,mPPCDdalioa 6om die City Attorney's Office ao adopl a raolulion audxwizing die purcbue or COlldemnalioa or a traffic ri&bt-d-way allCmeal in order to complete the COIISlnlClion or traff'ic signal improYCrncnts on die IOUlheal comer or Souda Clarkson and East Hampden A venue . She staled this action is nccessa,y IO complde the COllllnlclion or traffic signal improvements al this location as the City received an engineer's rq,ort Slating that die traffic signal pole will have IO be placed on southeast corner, as placement on the southwal comer could damage the foundation of the comer building. Ms . Reid noted that negotiations have been going on for approximately two ycan. The City is asking for 18 square feet of traffic right-d-way easancnt and 128 square feel for a temporary construction casement The resolution was assigned a number and read by title : RESOLtmON NO . .56, SERIES OF 199.5 A RESOLUTION AUTHORIZING 1HE PURCHASE OR CONDEMNATION OF AN EASEMENT ON CERTAIN LANDS WITHIN 1HE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE FOR TRAFFIC IMPROVEMENTS ON 3.500 SOUTH CLARKSON IN 1HE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 15 (a)· RESOLUTION NO. 56, SERIES or lffl. Motion carried . Ayes : c.ouncil Members Hal)aaqy, Vormittag. Habenicllt. Wqgoncr, Waldman. Bums Nays : None Absent c.ouncil Member Wigias I 6 . Adjournme11t COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . The meeting adjourned aa 9:20 p.m. ~tl~ CityOrk .... I· • 0 , • • • • 0 • 8 a PROCLAMATION WHEREAS , Michael Crisler is a very special young man who has shown selfless dedication to helping the victims of the recent tragedy in Oklahoma City and provides a fine example for others to follow through his strong compassion and caring for humanity ; and WHEREAS, Michael was so troubled by the Oklahoma City bombing and felt such compassion for those left in its wake that he took it upon himself to organize a fundraising effon for the victims of the tragedy ; and WHEREAS , Michael inspired others to join his effons and managed to raise over twenty eight thousand dollars, nearly three times his fundraising goal, to help the victims; and WHEREAS , Michael has exhibited incredible commitment to this cause and has served as an inspiration not only to the victims of the tragedy , but to all who have been touched by his dedication and generosity; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT Michael Crisler is to be commended for his dedicated efforts, and for his compassion for his fellow humans and the pain and heartache they have suffered. He has touched our hearts and serves as a true inspiration. ADOPTED AND APPROVED this 17th day of July. 1995 . I· • 0 • • c • • ,, - 0 • ~. PROCLAMATION WHEREAS, Michael Crisler is a very special young man who has shown selfless dedication to helping the victims of the recent tragedy in Oklahoma City and provides a fine example for others to follow through his strong compassion and caring for humanity; and WHEREAS, Michael was so troubled by the Oklahoma City bombing and felt such compassion for those left in its wake that he took it upon himself to organize a fundraising effon for the victims of the tragedy; and WHEREAS, Michael inspired others to join his effons and managed to raise over twenty eight thousand dollars, nearly three times his fundraising goal, to help the victims; and WHEREAS, Michael has exhibited incredible commitment to this cause and has served as an inspiration not only to the victims of the tragedy , but to all who have been touched by his dedication and generosity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT Michael Crisler is to be commended for his dedicated efforts, and for his compassion for his fellow humans and the pain and heartache they have suffered. He has touched our hearts and serves as a true inspiration. ADOPTED AND APPROVED this 17th day of July, 1995 . ' . , .• p; ·- I· • 0 ' I ! I' 'r • ,, -• 0 I • • 8 a PROCLAMATION J,r WHEREAS, Michael d:C::r is a very special young man who has shown selfless dedication to helping the victims of the recent tragedy in Oklahoma City and provides a fine example for others to follow through his str0ng compassion and caring for humanity; and WHEREAS, Michael was so tr0ubled by the Oklahoma City bombing and felt such compassion for those left in its wake that he took it upon himself to organize a fundraising effort for the victims of the tragedy; and WHEREAS, Michael inspired others to join his effons and managed to raise over twenty eight thousand dollars , nearly three times his fundraising goal , to help the victims; and WHEREAS, Michael has exhibited incredible commitment to this cause and has served as an inspiration not only to the victims of the tragedy, but to all who have been touched by his dedication and generosity; NOW, THEREFORE , BE IT RESOLVED BY THE CTfY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT 'I;. Jt. Michael Crisler is to be commended for his dMicated efforts, and for his compuaion for his fellow humam and the pain and heartache they have suffered. He has touched our hearts and serves as a true inspiration. ADOPTED AND APPROVED this 17th day of July , I 995 . . -• Thomas J. Bums, Mayor ' .. I· • 0 ' • • • " . • 0 I • • PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring its annual nation-wide crime and drug prevention program called National Night Out on August 1, 1995; and WHEREAS, the 12th Annual National Night Out provides an opportunity for the City of Englewood, Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS, the residential and business communities play vital roles in assisting the Englewood Safety Services Department Police Division in its joint crime and drug prevention efforts by supporting National Night Out locally; and WHEREAS, it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area; and WHEREAS , this crime prevention program is designed to heighten crime and drug prevention awareness, generate support for anti-crime programs, and to strengthen police- community relations ; and WHEREAS, the National Association of Town Watch 1995 's theme is "Improve Your Neighborhood Overnite"; NOW THEREFORE, I, Thomas Bums, Mayor of the City of Englewood, Colorado, hereby proclaims Tuesday, August 1, 1995 as: NATIONAL NIGHT OUT in the City of Englewood, Colorado and urge all Englewood citizens to support the "12th Annual National Night Out" program by getting to know your neighbors and sending a message to criminals that the neighborhoods in the City of Englewood are organized and fighting back against crime. GIVEN under my hand and seal this 17th day of July , 1995 . ~~ .. Pr,nte..J er, Cicc 1ctcd P :rr '' • " I • • 0 ' • • • , -• 0 I • • PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring its annual nation-wide crime and drug prevention program called National Night Out on August 1, 1995;and WHEREAS, the 12th Annual National Night Out provides an opportunity for the City of Englewood, Colorado to join forces with thousands of other communities acrou the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS, the residential and business communities play vital roles in assisting the Englewood Safety Services Department Police Division in its joint crime and drug prevention efforts by supporting National Night Out locally ; and WHEREAS, it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area; and WHEREAS, this crime prevention program is designed to heighten crime and drug prevention awareness, generate support for anti-crime programs, and to strengthen police- community relations; and WHEREAS , the National Association of Town Watch 1995'1 theme is "Improve Your Neighborhood Ovemite"; NOW THEREFORE, I, Thomas Bums, Mayor of the City of Englewood, Colorado, hereby proclaims Tuesday, Auarust 1, 1995 as: NATIONAL NIGHT OUT in the City of Englewood, Colorado and urp all Englewood citizens to support the "12th Annual National Night Out" procram by pttinr to know your neighbors and sendinr a message to criminals that the neipborhoods in the City of Englewood are orpnized and fighting back apinst crime. GIVEN under my hand and seal this 17th day of July, 1995 . Thomas J . Bums, Mayor 8 b Pnnted on Recycled Paper 1! ·• -• .. • • 0 , - om July 17, 1995 INITIATED BY • • • COUNCIL COMMUNICATION 10 a 1 STAFF SOURCE ,. - Subject Concrete Replacement District No. 1995 Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCL ACTION City Council has expressed concern about the general condition of the City 's public and pnva c:oncn18, and directed staff to proceed with proposed Conc:nlle Replacement Dislric:t 1995. Ordinance No. 18, 1995, crNling the District. was paaec:t on May 15, 1995. RECOMMENDED ACTION Approve, 1!f fflDIDn. IQ award a construction contract tow, 0...1lcpma,t and COllllructlon Company, Inc. far Concltlll Dillrict No . 1995, In the amount of$351,112.25. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENT1FIED The proposed program consists of construction of improvements adjacent to 330 properties in the City. For the past several years , staff has workad towards developing a City-wide concrele program addreuing existing sub-standard concrete and establishing a framework for ongoing mainlllnance for boll! public and prtvaa concrete . Staff believes that initiating a large concnll8 dlltrict. limllar to paving irnpRMl'ralt dlltrids, provldN .. wllh a program to best address the City's concrete needa. Aa in paving districts, the costs of these implovements .. borne by boll! the adjacent property owners. through special assessments leYiad for work done adjacent to their propertiN, and the City, ttwaugh fflOlliN blldgead in the PIF for aNey, intarlection work. incidental storm .... construction, ne IWIIOVal r•placemeut, program administration, engineering, sun,eying, IINting, etc. A review of references provided by Stackholm Development and Construction indlcel8s their work is •llfacto, y. They recently completed similar projects for the Cities of Denver and LakNood. FINANCIAL IMPACT Concrete Replacement District No . 1995 is scheduled for construction during the summer and fall of 1995. Funding for the City's portion of the project In the amount of~ $325,000 is budgellld in the 1995 PIF. Construction funding for the ass•sable portion, in the approximllle amount of S115,000 wtl need to be provided by the City from the General Fund balance or from • bond ..... but la rwnburuble through ......,,.. 11D the affected properties and wlU be due with property taxes in 1997. The a11111ment IIDtal wtl be approxlmelely $241 ,000 , which includes legal r.es . contingencies , eer::., bringing the project IIDtal to S588,000 . ' ~ . ..... ' .. ,,; • • 0 , • • • <. Bids were opened for Concrete District No .• 1995 on JIN 27, 1995. Plans and Specillc:ations were oblained by ten (10) contractors, and eight (8) bids were received: Stac:kholm Development and Construction Company Thoutt Brothers Concrete Works Douglas County Asphalt General Conc:rete New Design Construction S & D Conatruction Luna Conatruction $351,892.25 382,738.55 399,580.00 433,430.60 441,705.00 474,785.01 490,872.50 533,442.50 The Engineer's esllmatlt was $493,295 .75. Adeqlaa funding tor the Cly portion of this project rwnalns available in the Public Improvement Fund . A, 1tic:ipaled 1995 Concrela Dlslrlct fund bl NlcdcMII ... fallows: Total Budget $325,000 This Conlrllc:t $188,700 (City responslbillty c:onstruc:tion) Addltionlll Work 55,300 (City responsibility c:onstruc:tion) Unidentltled Misc. emergency City concnl8 15,000 ~ (belanceofcalendar yNr 1995) .._,..Tellngandnec111 'I appurllrwaa and ilCidellllla -c-.i~ Speci111 ~II Dlslrlct _11.11111 (17% of I*! project) $325,000 'I • . I ... I . . 0 '32xl ]- 1 2 3 4 I 5 8 7 8 • . ~ • CONCRETE DISTRICT No. 11H BIO PROPOSAL TABULATION Bidder / Plan Holder Bue Bid Engineer's Estimalll $493,295.75 Concrete Works . $399,5,0.00 Douglas County Aaphalt $433,430.80 General Concnl8 $441,705.00 LunaCon~ $533,442.50 NewDesign $474,785.01 S&DConatrudlon $490,872.50 Stackholm S351,ft92.25 Thoultlroa. S3l2. 738.55 LOW BIDDER: Slacldlolm S 351,8112.25 ,,,, - • I JUNE 27, 1995 Bond Remarks y 3rd lowNt bidder .. y y a y y y y 11t lowNt bidder y 2nd lcllll9lt bidder I . . 0 '32xl • Data July 17, 1995 INITIATED BY Utilities Department • • t~ ·, • .. COUNCIL COMMUNICATION Agendallam 10 a ii Subject Licenle Agreement for the Hudson FOWldatlon STAFF SOURCE Stlwllrt H. Fonda, Dlrec:tor of Utilillea COUNCIL GOAL AND _PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Utilities Department recommends Council approval of a bll for an ordinance approving the License Agreement betwNn the City of Engl9wood and The King C. and Evelyn Leigh Hudson Foundation BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFED A request was made by the King C. Hudlon FOlniallon for a UcenN AgrNmellt for a div9r'sion gate structure and pipe to be placed on the City Dllch. The dMrlion gala la proposed to be installed on the City Ditch at the Duker Subdivision, bounded on the welt by the Denver and Rio Grande Railroad right-of-way, on the north by Ridge Road and the Nit by the Columbine Vista Subdivision. The Hudson Foundation purchased water rtghll on the Dilch from the MIi thaler Eslall for the purpose of providing water for landsc:aplng and a or-,,house. They .. moving the headgate from the Allen Filter Plant to Ridge Road, on the City Dlllch. FINANCIAL IMPACT None. UST OF ATTACHMENTS License Agreement betwNn the City of Engle\uood and the King C. and Evelyn LAlgh Hudson Foundation . ' ' I • I . • 0 ]~ • ORDINANCE NO. _ SERIES OF 1995 •, • • • '· BY AUTHORITY A BILL FOR t • ,o~'' COUNCIL BILL NO. 47 =~~ AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN THE HUDSON FOUNDATION AND THE CITY OF ENGLEWOOD, COLORADO FOR A DIVERSION GATE STRUCTURE AND PIPE TO BE PLACED ON THE CITY DITCH. WHEREAS, a request waa made by the Kine C. Hwllon Foundation for a Licenae Acreement for a divenion pte structure and pipe to be placecl on the City Ditch; and WHEREAS, the diversion gate is propoaecl to be inatalled on the City Ditch at the Duker Subdivision requiring the moving of a headpte from the Allen Filter Plant to a location South of Ridge Road; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5tn;t;jgn 1. The "License Agreement " with the King C. Hudson and Evelyn Leich Hudson Foundation is hereby accepted and approved by the Enclewood City Council. The Mayor is authorized to execute and the City Clerk to attest and Mal the Acreement for and on behalf of the City of Englewood, Colorado. 5tn;t;jgn 2. The License Agreement is attached hereto u "Exhibit A". Introduced, read in full, and paued on ftnt readinc on the 17th day of July, 1996. Published u a Bill for an Ordinance on the 20th day of .July, 1996. ATTEST : fltomu J. Burns, Mayor Loucriahia A Ellis, City Clerk I, Loucriahia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forepin1 is a true copy of a Bill for an Ordinance, introduced, read in full, and puled on first readin1 on the 17th day of July, 1996. Loucriahia A. Bili, -I • • ' . , • .. I . • 0 , - • • • • "' - 0 • EXEIBIT A LICENSE AGREEMENT THIS AGREEMENT, made and ante.red into as of the .,....~....,,-,.~day of , 19...., ____ _ by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and The King C. Hudson and Evelyn Leigh Hudson Foundation ___ , hereinafter referred to as "Licensee," W!TNESS:::TB: The City without any wu-:-a."l'ty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a Divers i on Gate Structure and Pioe under the City's rights-of-way for t.,e City Ditch, described as a parcel o! land situated in t..~e Northeast Corner o! section 20 , Township ___ :i.,....S_o_u_t_~ ________ _ Range :i5 West of the __ s__,i ... x~te"h-.---...-~ ?.M., cou.."lty of ArapL,oe, State of Colorado and lying within the !ol~owing described lines: "A 16 foot wide parcel contained within the northermost 210 feet of the Duker Subdivision, bounded on the west by the O&RGW Railroad right of way, on the north by the Ridge Road right of way, and on the east by the Columbine Vista Subdivision ." The above-described pe:cel contains acres, :ore or less. .08 ! . Any cons~-uction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of t7tilitiu of the City and such construction shall be performed and completed according to the pla.."ls, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least ~ee (3) days prior to the ti.ma of commencement of the construction of, or any repairs made to, Licensee's Diversion Gate Structure and Pioe so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the data of the coJIIJllencemant of construction of said -I I t I~ I •. • • 0 • • 0 • Diversion Gate Structure and Pipe the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililties or installations within the City's rights- of-way, at any time and in such manner as the ~ity deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the Diversion Gate Structure & Pipe should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. s. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Di version Gate Structure and Pioe or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the existence of said documents or conflicting uses or installations. a. The Licensee shall contact and fully cooperate with the Ci ty's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall asswae all risks incident to .the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose aeasure to a compaction of ninety per cent (901) Standard Proctor Kaxi.mWII Density. .. -• • "' - I • • 0 '32xl • • I' - • • '· 10. Licensee, by acceptance of this license, expressly assUJ11es full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licen••• performs any work in connection with the crossing provided by this license. The Licensee asswaes all responsibility for aaintenance of the installation. · ll. Licensee shall indemnify and -v• har1alu• the City, its officers asnd employeu, against any and all clai.as, damages, actions or causu of action and expenses to which it or they may be •ubjected by r-son of uid Diversion Gate Structure and Pioe being within and across and under the preai•u of the City or by reason of any work done or omission =ade by Licens .. , its agents or -ployees, in connection with the construction, replacemen~, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promi•••, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licen•ee to that extent shall terminate, but its obligation to indemnify and •ave harmless the City, its officers and employ• .. , shall not terminate in any event. · In granting the above authorization, the City re•ervu the right to u.ke full use of the property involved u may be necessary or convenient in the operation of the water works plant and systu under the control of the City. IN WITNESS WHEREOF, thi• instruaent bas been executed as of the day and year fir•t above written. ATTEST: CITY OF ENGLEWOOD, city Clerk Mayor .... I . • I ! l ,i 1 J2xl ~ -~ .~>· .. :_:·-·· ..... -in N - I I • • 0 I• • . .. ,.. ........ . / . . ..... ,· -~ < c., i -~ .. :· .... . ;·.· -.... < :..I a. p 1%) Q~ ....... c::: .-.c~ ·> => .. i-0 .o. c:: . 15: - -..... - :.:"':..._:.---~-.f;;..;:=.:~-=-~·-::.:-::.:_c_::·1::::!:::::= __ .. ---_ •. ----. I .----:" ------;. - I I • i '!' I • • 0 • • ,- • t• • (. COUNCIL COMMUNICATION Date Subject July 17, 1995 10 a iii Southgate Supplement #126 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their June 13, 1995 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #126. BACKGROUND,ANALYSIS,ANDALTERNATNESIDENTIFIED A request was made by the Southgate Sanitation Diatrict ......-,ting the owner/developer for inclusion into the Southgate Sanitation District. Supplenw,t #126 is for an ... approximately 9.366 acres. The zoning was B-1 PUD (Administrative and Professional Offices) and MU PUD (Mixed Use). Al of Febnay 17, 1995, it was rezoned to R-PH PUD (Residential High Density). The proposed use of this property is • 286 unit rnultMamily development. Construction is scheduled to begin July, 1995 and end Odober, 1996. The owner of the property is the Great-West Life & Annuity lnannce Company. The legal is attached as Exhibit A. The property is located on the IOUthwNt comer of E. Caley Avenue and S . Syracuse Way . FINANCIAL IMPACT None. UST OF ATTACHMENTS Southgate Sanitation Oiatrict Supplement #126 . ... ...... .. I • • 0 - • ORDINANCE NO . _ SERIES OF 1995 • 0 • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUC~COUNCIL MEMBER ~ AN ORDINANCE APPROVING SUPPLEMENT NO . 126 TO THE SOUTHGATE SANITATION DISTRICTS CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 9.366 acres into their District; and WHEREAS, said inclusion is located at the Southwest comer of East Caley Avenue and South Syracuse Way and the zoning of'this property was B-1 PUD (Administrative and Professional Offices) and MU PUD (Mixed Use) and was rezoned as R-PH PUD (Residential Hilb Density) on February 17, 1995; and WHEREAS, the site is currently vacant and proposed use ofthi1 property is a 266 unit multi-family development with construction scheduled to begin in July, 1995; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ect,ioo 1 The Acreement between the Cit;y of Enclewood and Southpte Sanitation District entitled "Supplement No. 126 to Connector's Apeement•, which includN approximately 9.366 acres 1-ted at the South-.& corner of'But Caley Avenue and South Syracuse Way into the Sollthpte Sanitation District's Connector', ~t is hereby approved. A copy of' uicl Apeement ii attached heret.o u "Ezhibit A· and incorporated herein by reference . 5cs;t,ign 2. The Mayor and City Clerk are hereby authorised to lip and attest, respectively, the said Agreement for and on behalf of the City Council and the Cit;y of Englewood, Colorado . Introduced, read in full, and puled on fint reading on the 17th day of July, 199&. -1- ' ... I . • 0 1 32xl • • • • ·, • <. .. Published u a Bill for an Ordinance on the 20th clay of July, 1995. Thomas J. Bum•, Mayor ATTEST: Loucriahia A. Elli•, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Eneiewood, Colorado, hereby certify that the above and forecoinc ie a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on tint readin1 on the 17th clay of July, 1995. Loucriahia A. Elli• -2- .... . ' .. I . • 0 1 J2xl • • • • !, EXHIBIT A 8Ul'PLIDUDIT IIO. 12<,, TO CODIICTOR 1 8 &GllBBIID'1' 'l'BJ:8 AGllBBIUll'l', aada and entered into by and between the CJ:ff or .. GL .. OOD, acting by and through its duly authorized Mayor and City Clark, hereinafter called the "City,• and 80U'ftlGTB 8AIIJ:TATJ:o• DJ:8TllJ:CT, Arapahoe and Douglas Countiea, Colorado, hereinafter called the "District,• WJ:TIIU8B'l'B I DBRBAS, on the 20th day of June, 1961, the City and the District entered into an Agre ... nt in which the City agreed to treat sewage originating froa the Diatrict'• aanitary aever ayataa within the area served by the Diatrict, which Agreaaant va• aoat recently renewed by Connector's Agreeaent dated Novaabar 16, 1988; and DBRBAS, said Connector's Agreaaent provide• that the Diatrict aay not enlarge its service area without the written conaent of the City; •ow, 'l'BBRBroaa, in consideration of the autual covenant• and undertakings herein set forth, the parties agree a• follow•: 1. The City hereby consent• to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by the GRBAT-WUT LJ:rB ' AIIIIUIT'I x•aUUIICB COIIPU'I, and aore fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agr .. • that said additional area aay be served with the saver facilities of the District, and that the City will treat the aawaga discharged into the City's trunk line fro• aaid additional area, all in accordance with the Connector'• Agra ... nt dated Novaabar 16, 1988. Accordingly, Exhibit A referred to in Paragraph 1 of the connector•• Agr•e-nt dated Noveabar 16, 1988, i• hereby aaanded to include auch additional area. 2. Each and every other proviaion of the said connector•• anr~~••nt dated Novaabar 16, 1988, ahall raaain unchanged. ' 'I •, .. I. • 0 I I - • "'~ • ~ • ' . ' .. IWIXT 1 . LecJal description of property to ba included TRACT 39, •A SUBD:IVISION OP SECTION 21, 'l'OlftfSBIP 5 SOOTH, RANGE 67 WEST, ARAPAHOE COUNTY, COLORADO•· COUNTY OF ARAPAHOE STATE OP COLORADO .... . . • . .. I . . 0 1 J2xl • • • I • • .. EXHIBIT PA« 2 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION WEST 1/4 SEC. 21 NO . LINE OF THE SW 1/4 OF SEC. 21 EAST CALEY AVE. 664.56' / soo·2s·sg·E / 15.00' z !).!J~:/:f!J !JEJJ11M g :d.Uil.!)4 ;1 J.L 11!14 1 . g_ rmnt IIAP -·~ • N • 4'01 ·.L BASIS OF BEARINGS ~ N89"34'01•E 634 62' CENTER 1/4 . SEC. 21 TRACT 39 9.366 ACRES VI 8 ...: VI o. ~ 0 .... o, l:c r, VI . ~ > : 2 ~ ~ 0. VI .... ::u r, ..., .... l laob • IOO ft. ' ' ... I . • 0 1 32xl • 0 - ~- A GAE.EN • ....... ..... ....... -,,,. • :, 58-A ~ I a:,,oo! ·--.;~:::;:--......_-::::--.....i..L.._:~ UACT • . ----·4 TI<t 12-B CASCAOCt ,, r\.~. UO. I Rl~T 79-A CLAall Cln.OHT ~· ,, - \ \ \ \ \ -• .. I • • 0 ' - • • • . " • . . JEFFERSON AT GREENWOOD PLAZA I. Total acre:ige oftbe site: 9.366 acres; without public use easement: 8.783 acres 2. The previous zoning wu B-1 PUD (Adminis1rative IDd Professional Offices) and MU PUD (Mixed Use). & ofFebruary 27, 1995, it wu rezoned to R-PH PUD (Residential High Density). 3. The proposed use of this property is a 266 unit multi-family development. 4. The construction schedule is planned to begin July, 1995 IDd end October, 1996. S. Regular water and services for 8.783 acre multi-family development. The development will include 266 units (with an oc:cupmcy rate of 1.8 persons per unit), clubhouse and lawxlry building. For sewer, JPI preliminary anticipates, on average, 70 pllons per capita per day, with a peak day demand of 3.6 times averqe daily use. For water services, JPI anticipates no more than 45 single family equivalencies and 6re protection service . ..... . . •. ., I . • 0 \ f ;, . f ~~xi • Date July 17, 1995 INITIATED BY LJE WNTP Supervisory Committee • 0 • .. COUNCIL COMMUNICATION Agenda 118111 10 a i V STAFF SOURCE Subject Wastewater Utility Ordinance Addition Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION "' - Previous Action : March 6, 1995: Revision of Wastewater Utility Ordinance to inc:o,porate additional local enforcement authority and newly revised local limits . RECO-ENDED ACTION The recommended action is to add the Dally llulmum AIIDwallle lnduetrtal Loading of pounds per day for pollutants which are currently listed as uniform concentration local llmils. In addition, it is recommended to adopt the new narrative statement and standards which allows for the de,,elopment of a site specific limit allocated to industries. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED The current Local Limits are listed as uniform concentration llmitlllious. The c:onc:eubatio,i numbers were based on a study which was c:omplnd by the Industrial Pretreatment Division . Thay werw developed from the pounds of metals allowed to be dlsc:harged to the tr9ab'nent plant by lnc:lustrial Users. The lnfom iallon c:onc:emlng "pounds available" was not placed in the ordinanc:e prior to this time. Howiaver, by providing the lnforrnlllion, it will provide an alternative method for developing sil8 spec:illc limits for macala where it is delalmined to be appropriate. EPA Guidance on Development of Local Umils allows for a slla 1pedlc: malhod ot alloc:allug the pounds available to industrial users as an allllmatiYe . The slla speclftc !nalhod ot alloc:allon wll allcM a leas reall1c:tMt permit limit to be imposed on the industries involved . The UN ol a slla lpecillc: alloc:lllior'I malhod wll not have any adverse affect on any operation at the LitlletlOnlEngl WNTP. · FINANCIAL ... ACT There will be no direct flnanc:ial impact on the City by adopting the propoNd amendment to the W..W.. Utility Ordinance . UST OF ATTACHIENTS • •. I· • 0 , • • 0 • ORDINANCE NO. _ SERIES OF 1995 <. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE AMENDING THE WASTEWATER UTILITY ORDINANCE TITLE 12, CHAPTER 2, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 19815 PERTAINING TO DAILY MAXIMUM ALLOWABLE INDUSTRIAL LOADING OF POUNDS PER DAY FOR POLLUTANTS AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. WHEREAS, this amendment to the Enclewood Municipal Code provides an alternative method for developinf site specific limits for metals where it is determined to be appropriate; and WHEREAS, EPA Guidance on Development of Local Limits allows for a site- specific method of allocatinc the pounds available to induatrial Wien u an alternative; and WHEREAS, the site specific method of allocation will allow a less restrictive permit limit to be imposed on the industries involved; and WHEREAS , the use of a site-specific allocation method will not have any adverse aff'ect on any operation at the Littleton/Enclewood Waste-ter Treatment Plant; and WHEREAS, this ordinance will add a new narrative statement and standarda which will allow for the development of a site specific limit allocated to induatries with the addition of Daily Muimum Allowable Industrial Loadinc of pounds per day for pollutants which are currently listed as uniform concentration local limits; and WHEREAS, current local limits are listed as uniform concentration limitations with the concentration numben being baaed on a study completed by the lndmtrial Pretreatment Division; and WHEREAS, the concentration numben were developed from the pounds ofmetala allowed to be discharpd to the treatment plant by lnduatrial Uaen; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5cs;tion 1 The Enclewood City Council hereby approves the amendment to Title 12, Chapter 2, Section 7, Limitations On Discharge of the Enelewood Municipal Code which shall read u follows : 12-2-7 : LIMITATIONS ON DISCHARGE : A . No penon shall discharp any pollutant in excess of the followins: .. .... -1- • ...... ,. - .. I· • 0 '32xl ]- , • • • • . , '· Palbah!nt or Pollutant Pmnertx Arsenic, Total (Al) Cadmium, Total (Cd) Chromium VI (HEX Cr) Copper, Total (Cu) Lead, Total (Pb) Mercury, Total (Hg) Nickel, Total (Ni) Zinc, Total (Zn) Silver, Total (Ar) Molybdenum (Mo) Selenium (Se) «• Maximum Concentration DaiJx Axenre mg/) 2.2 0.327 0.698 4.0 2.7 0.0004 2.4 36.2 0.4 5.5 0.989 8 . SPECIAL CONDITIONS MAY BE GRANTED : ,,,_ INDUSTRIAL ALLOCATIONS MAY BE APPROVED UNDER SPECIAL CONDfflONS AS DETERMINED BY THE DIRECTOR OF UTILITIES. THE MAXIMUM DAILY ALLOWABLE INDUSTRIAL LOADING SHALL BE ALLOCATED THROUGH SIGNIFICANT INDUSTRIAL USER PERMITS. THE TOTAL LOADING TO ALL PERMITl'ED INDUSTRIAL USERS SHALL NOT EXCEED THE LEVEL ALLOWABLE FOR INDUSTRIAL USERS. CHANGES IN LOCAL LIMITS AND INCREASED LOADING IN THE SERVICE AREA MAY CAUSE A CHANGE IN ALLOCATIONS. INDUSTRIAL USERS SHALL MONITOR AND REPORT DAILY FLOWS AS REQUIRED BY THE WASTEWATER CONTRIBUTION PERMIT. ALLOCATIONS MAY BE REVOKED BY THE DIRECTOR AND SHALL NOT BE CONSIDERED PROPERTY RIGHTS. PQIJ,JITNIT QB PQIJ,JJ'J'NO' PR.OfflB1'Y AneDic. Total (Aa) Ced:nrium, Total (Cd) Cluomiam VI CIIU Cr> Cappa-, Tollll (Ca) Lead, Teal (Pb) Mercmy, Total <Be> Nicbl. Total (Nil Zinc, Total (Zn) Silver, Toaal <Ac> ~um(Mo) Selenium (Se) DAILY MAXIMUM ALLOWABLE INDUSTRIAL L96D a B8(Q6}') lo.1151 1.118 US1 19.181 lZ.718 o.oot81S 11.1.14 1'13M7 4.ffl ... 4.711 3 . C. Petroleum underrround atorap tank remediation projecta which haw cauaed contamination to ,round water and have been authoriud to diacharp treated ,round water to the POTW shall meet the f'ollowin, 1tandard1 f'or muimum concentration daily averap in u,I. Benzene, Toluene, Ethylbennne, X,lenu, Total (BTEX) 750 uw) -2- ' . ' • . I . • 0 I I I, . '32xl • • • •, • Benzene G.D. Volatile orpnic compounds and semi-volatile orpnic compound& shall be determined on a cue by cue basis uainc the Littleton/Enclewood policy for local limits for volatile and semi-volatile compounds. The Littleton/Enrlewood policy shall reflect EPA iruidance on development and implementation of local diacharp limitations under the pretreatment prorr,am and beat available treatment technolopes. ~-E. When necessary for compliance with the Federal Act for the achievement of technolOl)'-bued effluent limitations, the Director may uereiN beat profeaaional judgment (BPJ) in eatablishin1 effluent limitations on a cue-by-cue buia for individual permits ,ranted pursuant to Section 12- 2-3. TechnolOl)'-baaed effluent limitations bued on beat profeaional judcment (BPJ) shall be made only for pod came and in the abNnce of federally promulpted pretreatment standards or local limitations on dischar,e. &. F. Effluent limitations established throu,h the uereiae of beat profeaaional judcment (BPJ) shall be made after conaiderinc the availability of appropriate technoloo, ita economic reuonableneaa, the ap of equipment and facilities involved, the proceu employed, and any increase in water or eneJ'I)' consumption. ll. G. Sipificant industrial uaen located in Enclewood but diacbarpnc to the Metro District shall comply with the local limits of the Metro Diltriet or of this Chapter, whichever ii more ltrinpnt. (Ord. 58 Series 1991) lntrodw:ed, read in fWI, and puaed on ftnt readinc on the 17th day of .Jaly, 1995. Published u a Bill for an Ordinance on the 20th day of July, 19915. Thoma J. Burm. Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucri1hia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and fore,oiq ii a true copy of a Bill for an Ordinance, introcluoed. read in full , and paned on tint readiq on the 17th day of July, 1995. -3 . ..... .. I . • 0 • • " - ·, - COUNCIL COMMUNICATION Date Agenda Item Subject July 17, 1995 IIIDlan ID lltllarlze a funds 10 a V ...... llgl'Nffl8l'lt between ._ City d Englewood and Bank One. Denvar. N.A. Initiated By Il l Staff Sowce Department of Financial Services Frank Gryglewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This motion improves the City's efficiency by improving the transfer of funds . Bank One Denver makes the principal and interest payments to its bondholders. Council approved an agreement between Bank One and Englewood as paying agent for the Golf Course Revenue Bonds through Ordinance 7, Series of 1994. Ordinance 15, Series of 1994 named Bank One as the paying agent for the City's general obligation and water ref\.Wlding bonds. RECOMMENDED ACTION Staff recommends City Council approve the lllllllan for a funds transfer agreement with Bank One, Denver, N.A BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED The City of Englewood uses Bank One, Denver, N.A to make principal and interest payments to its bondholders. The bank acts as paying agent for the City. No alternatives were identified. FINANCIAL IMPACT There should not be any additional financial impact from this action other than normal wire transfer fees. UST OF ATTACHMENTS Proposed motion . ' .. I . . 0 '32xl • ,,,_ • I~ • <. CITY OF ENGLEWOOD MOTION I, Louaishia Ellis, City Clerk of the City of Englewood, a Municipal Corporation organized and existing under the laws of the State of Colorado, (the "City") hereby certify that at a meeting of the City Council of the City duly called and held on 19__, at which a quorum was present and acting throughout, the following motions were adopted and are now in full force and effect: 1 a . Resolved, that the City Council of this City is authorized to execute on behalf of this City a Funds Transfer Agreement with Bank One, Denver, N.A ("Bank One") in such form (including any amendments made thereto from time to time) as prescribed by Bank One and to make, and from time to time change, by written notice delivered to Bank One all required or appropriate designations therein of persons, including themselves, authored to act on behalf of this Municipal Corporation in the use of the funds transfer service under the terms of provisions of such agreement. 1 b. Resolved, that the City Council of this Municipal Corporation is authorized to execute on behalf of the City a Funds Transfer Agreement with Bank One, Denver, N.A ("Bank One") in such form (including any amendments made thereto from time to time) as presaibed by Bank One, and the Director of Financial Services is authorized to act on behalf of this Municipal Corporation in the use of the funds transfer service l.nder' the terms and provision of such agreement under the limitations and conditions established by the Englewood Municipal Code of this Municipal Corporation. 2 . Further Resolved, that this motion shall remain in full force and effect and Bank One may rely on same in acting thereon until written notice of its change or revocation has been duly given to and received by Bank One. I further certify that the name of the officer of this Municipal Corporation or any other Person authorized to ad under this motion and their official signature is as follows: Frank Gryglewicz .Qffia Director of Financial Services Signature IN WITNESS WHEREOF. I have hereunto subsaibed by name as City Clerk and affixed the seal of the Municipal Corporation this day of 19_. City Clerk .. I . • 0 , I • • • ORDINANCE NO~ SERIES OF 1995 • 0 • BY AUTHORITY 10 bf COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 7, 1995. WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 7, 1995 election; and WHEREAS, the Colorado Constitution Article X, Section 20, requires the production µ,~J}µ, of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be rJ, 1tJ.1 submitted to the electors of Arapahoe County and the City of Englewood; and · Y'j/ft-~ . WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package 1 )j;f/11, where jurisdictions overlap; and '.?~}( WHEREAS, there should be county-wide coordination of the production and ~.-~~ ~ mailing of the TABOR notice package to effectuate the purposes of said constitutional j}IJ . I section; and , ) µ ri) 4-P WHEREAS, the County and the City of Englewood desire to set forth their respective • ! 1 oP'.) responsibilities for the General Election and for the production and mailing of the pr 1-f· ;-) .,,, TABOR notice package pursuant to the Intergovernmental Agreement; f t;~J ~A..@ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY (t f ~ f< OF ENGLEWOOD, COLORADO, AS FOLLOWS: ? J,VJ ) Ses;tjon 1: The City Council of the City of Englewood, Colorado hereby approves an / /]d!Jf »tif f I intergovernmental agreement between the Arapahoe County, by and through the p • Arapahoe County Clerk and Recorder, and the City of Englewood to conduct a T · , ft/ - coordinated election November 7, 1995. The Intergovernmental Agreement For Coordinated, Mail Ballot Election is hereby accepted and approved by the Englewood City Council and the Mayor ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood. Sedjon 2. The Intergovernmental A,reement For Coordinated, Mail Ballot Election is attached hereto as ·Exhibit A.• Introduced, read in full, and pasaed on fint reading on the 3rd day of July, 1995. ., - -1 - • ' • .. I . • 0 - • • • C. • Publilhed u a Bill for an Ordinance on the 6th day of July, 1995. Read by title and puaed on final reading on the 17th day of July, 1996. Publilhed by title u Ordinance No. _, Series m 1996, on the 20th day of July, 1996. Thoma J. Burm, lla,or ATTEST : Loucriahia A. Ellia, City Clerk I, Loucrilhia A. Ellia, City Clerk of the City of Enpwoocl. Colorado, hereby certify that the above and foreaoinc i1 a tnie copy of the Ordinance puaed on final reading and publilhed by title u Ordinance No. _, SeriN m 1996 . -2- ,, - •. .. I. . 0 I ~? -x. I l • . ) ·I i • l • n n ' • 8 f n n I n N S w ~ ! I ft • i ~ I 5 K i ¥ : i ! I = I ' f I I f t r I ~ I ! I -I i I , .... ~ g It ... l rt " f:' " r I • f , . ct Ill " It ' .. ....... n ! E"'~ 'd ""' ....... c-SI ! .. 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" • ~ ) ) 0 • ; i fl] ti B I ~ I -< r ~ c I I i • I I . • 7 ... . ' - • ,, - • • t. lloU.C:N t:a N ~ imdaz' ~-%At&£S,09W mt:al. J.QZ• t ab&l.l. JM ti,ftll iA ,sj,t:.izlg' eJ.t:1:1.er br baail cleliTUY or dapoaieacl ill 1:11e 1:IILil:84 acat:u aail, c:e:d.fie4 aa1l., ream= :eaupt r-.a•te4, witll. ftffioi~t .-~. t.o ~ !oll.oldalr pezacm.a: A:qaboe Coallt:7 Of!J.ce of 1:lle c:aaaci, At~ 5334 ac-tll. »riaa• •=-t Uctletall, c:oion-101H 10. •=d• oJ: o~• al~ ,ml. ... m~ly ~ ,aa,oa la wri t:izltJ 1ry t:l:la pa-ti• urem . 11. urnstntu ':!la att:acher:a d:eecJrecl bel.aw -=•a~ of C!li• AQ::enmt. ,, ~· lddecdne A ·G:::::J _.. 0. WI IJ '.MPTM (E CIWII OIi ID ..... mB OIi cnrrnm - . , .. I . . 0 , ~? I ]- • • . ~ • <. 4QQENQUN 4 ADDENDUM TO TIE INTERGOVERNMENTAL AGREEMENT FOR COORDINATED, IIAIL BALLOT ELECTION . WHEREAS, the City of Eligleluood, Colorado desires 10 submit a question 10 the property owners of a special assessment concnne district u set forth in C.R.S. 31·25·534 Issuing bondS • property specially benefited: and WHEREAS, the City of Englawood and the Anlpllloe ~ Cllltc and Aecoldlr .. in agnNlfflent that procecl,res may be impl1m111ted to coordln• 1111 iaul; NOW, THEREFORE. the lntergovernmentlll Agreement For CoordlnaMd. Mal Ballot Election shall be clarified IO allow the City of Eliglauuood, Colcndo 10 submit a question to be voted on by the property owners in 1118 spacial assessment concnt8 district in coordination with C.R.S. 31 ·25-534. Thomae J. Bums. Mayor ATl'EST: ,, _ • I •. .. I . . 0 • • 0 • • 10 b ii BY AUTHORITY ORDINANCE NOE SERIES OF 1995 COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 16, CHAPI'ER 4, SECTION 16, SUBSECTION 16 C OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO THE FLOOD PLAIN ORDINANCE. WHEREAS, in 1993 the Federal Emergency Management Agency (FEMA) began a process to update the Flood Insurance Study (FIS) report and the Flood Insurance Rate Map (FIRM) for the City of Englewood, Colorado; and WHEREAS, in 1994 FEMA determined that modifications to the base (100 year) flood elevations on a portion of the South Platte River and in the West Harvard Gulch were necessary; and WHEREAS, the new base flood elevations were determined by FEMA and official public notice made in the Englewood Herald and the Federal Register in November, 1994 and January, 1995 respectively; and WHEREAS, after the final publication by FEMA a ninety day comment period followed, this comment period closed and in order to comply with this requirement the City is required to amend the Floodplain Ordinance to reflect the updated FIS report; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5cs;tjgp 1. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 4, Section 16, Subsection C 3, of the Englewood Municipal Code 1985 t.o read as follows : 16-4-16-C-3. Flood Plain District Boundaries. The boundaries of the Flood Plain District shall be identical to the areas of special flood hazard identified by the Federal Emergency Management Agency in the FJpgd lnaunnc, Study dated~ 17, 1989 AUGUST 16, 1995 and the accompanying Flood Insurance Rate Map (FIRM) encompassing the City of Englewood, Colorado. The boundaries of the West Harvard Gulch Flood Huard Area shall be as shown on Sheets 13 and 14 in a report entitled FJppd ff•raal Are• Qcljngtign Haryard Gult;h West tt•cv•al Gulc;h and Dry Gulc;h dated December, 1979, prepared by Gingery Associates, Inc., and approved by the Colorado Water Conservation Board on January 30, 1980. The areas of"flood danpr" u identified on Plate 4 in the Study entitled Stgrm Dreiouc Plan for tb• Cjty pf Rn!durood Cg)gradg, dated January, 1971, prepared by Sellards and Gria, Inc. The moat recent Flood Insurance Study and accompanying FIRM prepared by the Federal Emerpncy Manapment Agency, Sheets 13 and 14 of the F)ggd Hayrd Art• Ptlin11tjgp 61mm Gulc;h Wei& Haryard Gulc;h and Dry Gu)cb December, 1979, Ginpry Asaoc:iates, Inc., and Plate 4 of the Stgrm Qrajnap Plan for tb• Cjty pf lo!dDPAcl Cglgradg January, 1971, Sellards and Grice, Inc., are hereby declared to be a part of this Ordinance, and the • I • • 0 2X • • • ,. official study and maps shall be on file in the offices of the City Clerk, Engineering Services and Community Development, En,lewood City Hall, 3400 South Elati Street, Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rd day of July, 1995. Published as a Bill for an Ordinance on the 6th day of July, 1995. Read by title and paued on final reading on the 17th day of July, 1995. Published by title as Ordinance No. _, Series of 1995, on the 20th day of July, 1995. 'ntomaa J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foreeoinc is a true copy of the Ordinance puaed on final readinc and published by title u Ordinance No. ___. Series of 1995. -2- "' - .. I . • 0 f 32xl ] • • "' - • • . . 10 b Ut ORDINANCE NM SERIE.SOF 1995 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND ENTITLED •1995 GREAT OUTDOORS COLORADO GRANT AGREEMENT.• WHEREAS, the Colorado Conmtution appropriates a portiGn of the net sn-ecf• of the Colorado Lottery to the &ate Board of the Grat Outdoors Colorado Trust Fund and directs the Board to invest th111e .,.._.. in the State'• parb, wildlife, open space and recreational resources; and WHEREAS, the City r:I Engle has IUbmittecl an application to the Board for a grant from the State Traill Proaram which wu approved April 13, 1995; and WHEREAS, Enclewood propoaes to build a trail -,meat cannectinc the Arapahoe Greenway trail, that run1 directly East of Centennial Park, with a loop trail around the Centennial Lake which would be aipecl f'or uae only by bicycliltl and pedeatrian1; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sc,;tign 1. The " 1995 Grat Oat.doon Colorado Grant ~t" with the State Board of the Great Out.doors Colorado Trust Fund ii hereby accept.eel and approved by the Enpwood City C-.C.1. 'l1le Mayor i1 amhoriacl to eucut.e and the City Clerk to att.eat and -1 the .Acr-t for and on behalf of the City of Enpwood. Colorado. Sc,;tign 2. The "1996 ar.t Outdoan Colorado Gnnt. ~t" ii attached u •Emibit A". Introduced, read in full, and pauecl on ftnt nadinc on the 3rd day of July, 1995. Publiahecl a1 a Bill for an Ordi~ on the 6th day of July, 1995. Read by title and pauecl on final rudinc on the 17th day of July, 1995. Published by title u Ordinance No. _. Series of 1995, on the 20th day of July, 1995. Thomu J. Buma, Mayor ATTEST: Loucriahia A. Elli1, City Clerk -1 - ..... • I. • 0 '32xl - • • ... • . . ... I, Loucrishia A. Ellis, City Clerk of the City of Enelewood, Colorado, hereby certify that the above and foregoing i1 a true copy of the Ordinance passed on final reading and published by title u Ordinance No._. Serie• of 1995. Louerilhia A. Elli, -2- ,. - . ' • ' .. I. • 0 f 32xl • • • • 17:1!18 Name: TJl.,tr : Coalat....: CGllllaCt dde: T_,,.,.· ID-.: n...: • • , . • EXHIBIT A U9! G11EAT OtJTDOOU COLORADO Glt.\NT AGUPCl'NT · PKOJEC'I': Anpaboe Gtwway Tnill Ca !M81hl PAJl'l'IES TO Ma!Dmff: 1'111 Stata Boilrcl ot dll Gl'IIIC O LC h •• Colarado Tl'lllt Faad Qyof ........ 21GOS ....... JUwlrDr. Eapwoed, co •uo (3G) TG-2541 QrflKGrm Pll'uAhf lb-.....,. lfay4,Uff A. '!bl loud ii a poUlical lllbdi¥ilioa of dll Sia of Colando. cnaal by Anicl.e XXV1I of Iba Colondo Coallfaadoa. ..... ••No l 1 • 1'9% Gealnl Elecdon. n. Comc&lldoG app,aprilal a ponioe of dll • pra 5 of• ColDndo Loaary ID Iba loud and direea die load ID illwa& ._ ff'D II la .. S-'1 pam, wlldl.UII. opell spei:e lad NCl'lllioall raourc:a. . ........ pCDllffll,ICffll•IN P ..... "' - •· • 0 • '( ~ I I I N I 0 H :1 !H · 1~ B! Is. 1Jo s~~ t,~ i§~ t g~ !i 1,1 I &I .. i',.f . !i;I i g~ t. •I'-· Sa ('~ a: •. ~ 1 · ii ~l ~, iii jlil Ii IJ ,•11 !i ; .. 1Ja·, -< iJ I J. .. aa i l1t 1~ 1! ;f; • • • 11 1 I I Wt is j~ 1 r 1r i-!· J I I 81.f It I rt I .1: 'iip 1~ 1~ Ip !tp !I~ 11~~ 1i If ;~ !!r !ti :111,, 11: 1111111'1 t, t ! i1 .1~ fJ ;11· I 1: Ji JII 11 ,, 11 i -~1, ,!I JH -~ ii it ~, P .. I rr 1 ;: . e f ;1' e ~, I I I rr ,~ tr · . ' 1· ~ 8 ; i t I fa . i ! 11 rt.t ! , •! ~i fl I r I~ i a t J la' i I .. ~ 81 ; -I ' I ~ ~· N I . . ~ '-• ' • • • • 17:"9 AOllEJ:MENT. Prampdy upon evnvian of mil~ Gramee will submit die fblJowms iDfommion IO die Board's mt!:. b. A decailed Work Plan ad Budpc for dlis Project. 0naa baeby qrea ID prompdy submil all mareria1 reYiliom ro dleir WcnpilD aad Budpr. ~ piovidcd fbnim' below, dla Board raer,a Iba rip& ll 1111 sap of die Projc IO wilbbold ftmdms if (i) mcdi1lcadom IO die Projec:r arc IO Ptbmm:i•I u JO IIIMII ic. in me Board's reuoaable jvdpem, suhmm:ially diffe:em in quality or ldDcl lram dm approved by me Board. or (h") mere bave been delays in die implemenrarion of me Project wbicb. iD cbl loud 's reunaab• jud,-m. mm die Project imprlciclble; · c. Wrim:n evidlDce dial all pamill llld approvals mcaary to me complednn of die project under applicable Jocal, 111111 ml'ilderal laws 111d repladom Jave been oblaimd; d. The Projaci ftmdiDI rcbldale (wbicb will be IIIIICW IO mis A,rmm u Appendix B), wbic:!l will (i) briefly idal:it}' adl major sap or mi,..,. of cbl Projc. (h1 sec ouc die source. amoum 111d m ipallld da of adl lrllllfer of ftmdl 6'r die Project. IDll (Iii") show Cbe Board payDm1 widl N1pC ID Iba PIDjc; IDll e. 1'11111 for die ereccioA of sipl 11111 pJacudi tbr dlS frojc. • plOwided ID Sec::iori 9(d) below. t. Full,.,-. ofdls cw,.... will be mildll .-ll'lwlnd•J completioll of die Proja::. A lillfll of Projel:C !xpendtnn da M RI C d I ..... pdar ID flael paymam ii emc:bed M •• jig C. 1111 fafmli Nini lllflbd bf dlil patpillta J 11111 a CUCllflld comnct. 11oa1 widl patadlc prc,pm ,.._ 11111 • w• I 11111 ..a....,.... of a a.I wriaen iaport an allo NqUind. 4. 9Sblr SPdirtl'I IPT e1rr Pl did MffR -Fl h • of Pmlea Prior IO die paymeDI by lbl loud ll ma camplllt'oa of 1111 Prajm. daa Gnmee alllC Pfl"lds wrmen usuraace co ma load dllC: L Tbc Projecl )las bea ...... ndally i:Om(IIHIII ICCIOldiDI ID 1bl wart plaD IDd budpt, eloDI widl Projlcl ExpeadiNN dor!•n raa ad,.._ • ...a 111cM ID ,apport Cbia c:laim; . . -a;-.i .CPft;lliC'ffllAI -WC ....... •l• "' - .. •· • 0 • I I I I I .. • v HI ! 1· '11 i . D f . ft§'I f.ll.l f 8 11 I ft . ii 1· . s· ! . f ! 1. ! t 'J: 0 J 1 i a r. : B' 1 . Ii a· ;1> l-s . a f : ~ ~ n· H ~ . }~ f e • ,. r f ,. Is fl ':1 i 1. !9 r ~ ~ ~ !' : r1 O' c:: h .rr o " o g. a t: 6 o i: ,: fj If & • .... e~ aa ....... ! . .i a hf '-""n t1 I e flsrffln n. d !_ I J 2 ,; .~a l(~1ilt ·fl I ' I .. ~ SI I 111 it I ! ( I • @ ~ !1° ~ Ii s "1·· s,·i :a. 1 1.11 1 I ;a ill1r.l1 ~1-!I I . i ti irr ... a 88;a · f( :11 · Uli . H •!t~ili 1! (1 H " i . 11 } [ a· s· 1 . [ t 15 lu I !I. • f Ii. I It J J t tf I · ·It t "'l . '3~ :[ !Jf 1 i .(! sh!IQ · 1! '} If , ~ I . ,a 1, ~81 ,, 1 [1 ~-r ,1 ! !t. . I,. ht 1' a1 u 8 ; ~, . ~ . ~ - . -=+-r. ----• • , • , I .... ~ ~ ' ' .. \ • • • • • , . • 17:10 SERI.I I CENTER .. 7622Jee 7. MJis rcri, Gmae qr111. tr JDelf 1111 m lilCCNIOES m im1n1c. 10 · allow ~ ICCIII CD dll lllllllbcs of Ebe publil: CD 1111 Pzoject. a. Ncmis1 ilaitaEiAP Dur=, me par1ox 111, .. e of 11m qreeme::ir. d2c GIIDIIN 111d ill comraaors sball DOC lllllawftllly disc:imimle apimt Ul7 employa or appllcam foremploymembecaule otia=. Nlfsion. color. llllirml aripl.-=-ry. pil)'sical blndicap, medal common. marica1 m. ap or sex. The arw·1111 ill cmmacmn lball emun elm me eva1lwion and namiem of lbcir employees lad applic:am Cot cmploymar are free of such ctiscrimimdon. . 9. Pabtm ,m pmicq Infimnatjgp. Gramlle a,rea: a. Grll'IIIN lball aclmowlcdp loud 1'mdiDJ ID all publicily iuuad by it coaccmiDI die Projec:. b. Onaae sball coopcara widl a Boerd in p&epa.iDJ public id?rmarima piaces. c. · Grwae sball pe lbl loud d. ripl 1111 appommily anm iaformrioa pillld aan me~ · d. Grrm sball a-= lips visible bm 11111 w public awt•a, diler:da& dll pub& 10 dll Pzajlc:t. ~ eddidm. Ga-.1111111111:t placlldl ~ n•i•ace by rbt Board ml 1111 Colando t.ocmy. it 4;:r tr, .... c;i.... iDC:alpcxW dlil aclmowted'"""' Jmo odllr' siplp ill & W" QilO"M by 1111 lalld'l lwiraN Dncmr. n. Board will provide wpa a t,rllM sampill of ill IIIF IDII adllr' ~ illdic:i& ID Galm for dUI JMPGIL. Pim dllcdbilll llll llllllblr. dalip. ,.,,....., lllll . wordiDI of lbl lips lllll pla:lrcla 1baJ1 be •badawd ID dll loml tbr ..._ llld wriaa approval prior ID c:ampledaa of dll Piajlcc. PIia! pa,...1117 be widlbafd by die Joerd peDdiaa plmm ot Iba lips ud placudl iD dll 1111wr 1pp10..S by die loud. •. Gruae lbal1 pw die Board J0.4ay ... of ud oppormai&y fD pardcipam iD Projecc dedlcaaom • t. Gramao sbaD siW dmeJJ DDCil:e ot 1111 Plojecr. ta illlqamkm 11111 1ipit,cance m cbc local IDCllbe1'I of dll ~ Geaaral AINmbly. IIIIIIIMI of dlil board of ......... CllllftllCffll ...... 00 ..... -s- I . • 0 • • • • 17:11 coumy c:ommissionc:s al die c:oaar:y or coumies ill wbicb 1111 Project ii· Jocamd. a well u to , Ol:blr' appropriare pubw: offlcials: 10. Tntbmntian svm,lic;;t em medc milablc JP Sbt BomJ Gnmae 111a11 meinain records or Project receipll mr1 apeMlne,es c .-itatar wldl ,...ny Kcqad ICCCIODrin1 pnc:m:es. Thi loud sbllI law dll ripE. .. mumble IIDCice ID dll Gname, ID audii Im boots m:I m:ardl of 0ramN wllil:la pmaiD ID die Proja 111d 110 die 1118 111d clilDosuion of Board 6mdl, . . b. . 11me la ID oblip;ion of pad t.idl OD dll pm ol badl ..... D !!tfl .. 1111 oblipdaa 10 mab dmlly : , mimi :adoa of i11fo11md011 wllidl may • ~• Illy lie 1'1U:11ad m be of iDarac ro cbe odllf P'1 · · · c. Colondo la• appU.. m 1111 iaapnmiaa 11111 tdx: · s ol ddl d. Grimme ii ID ilr'tpn .... c:amracmr Kmll ill ill ..,... t!4 ..,. IDd DIX U ID Oftke:, emplo,-OI' 1pm of die loud. .. Ollatlne will iDllcmalit, .......... Ml?hn hlD 111d .... lllJ Jiabilily ui1iJ1s from 1111 P1oject 1IO die -nna-d by Colaaldo Law. _,_ • I . • 0 , • • • 17:11 Darad: STATE BOAlU) Of THE GIU!AT oUTl)OORS COLOJtADO ff.UST FUND •1---------------------ExecmiW I)inl:mt QllANTEE:. •1-------------------- Tide:. ----------- --~--· ............ lft7Tljlll:1P,o1.:il:IIRl'lllloltloll ..... & ... ... _.,_ . ' • .. ., I . . 0 • • • • • • 17:11 SERI.I I CENTER .. 762Z3aa APPLICA:r.ION FOB srA:I'E TJUU:/1 PBOGlLUI FO?'l'DING Colorado State Parka Na::a a!P:ojac::: Cui.t&IIILcAL PMlt/AM:pa}roc. Gl\&&111111¥ r.ua.. CoM&e.tiall Cmiact Pm a:.d Tit!e CM.i..i ro.duz., ltl&IUl.6 ~" Nm:. & Adc.-.u of Spo:.sor ~ tbr P:aject_~_ ... · _eo_llbct_._ _______ _ -----------------~ CJOJ )_..16wZ .. -,_ZS..,-' .. f ---- F.AX (JOJ) 16%-16U SpomorTupa,vII)Na=ber(TIN)_9_1-... o .. J-1.._-... 1 ... o ___ _ Ammmt ltaqucac! Crcn::.d ~ a.u., to nunat llOO>: S 10,0JS.OO SO,& o!prajectco,t S. ____ lOOCJf, of project coat i! ,pcm.aar ia a mm-,pza4t orpmza:on cd the project ii tlilibl• tor bdm, tram tba Colorado OHV Blcna:m ~ Sm:=a.7 o!m,jo:-bw!pt items Cpleue UN oaq die apace provided below): ~ fiU -106 !Jfl,W,,6 L4bo.._ -fMdc • +;U T ... ss,. -re TOTAL 11 :.:ao.aq 1 ,tl0.00 S04.00 %.9SO.OO 136.00 $ZO 010.00 Loc:u:i= a= br.e! dac:iptum of Cbe project (pJeue QM .. tba.,.. pn..w.d below): Tit& IMQoo,cd .etaa ,pu.c"" l.Dcra.d. Eff:t' oi Cu.t&luli«l ,c.u. '630 S. 17fS:!9,t 1 .iA #s ririv e:< £,sLcweosC M4 Sb«Md:t•, Ibc aai' ewu ca, UP '"' Leu s;wEAAw ; t;a"' t::ir t ,. .. , tuirr M"''*' c,,r,,,;ac rate ,,cf tfrc f«a:ahcr 4Tri-m·r 'mil Corridor-ud 1a CODtrollad br, . l!l ,. .. Simple . C LnH l!l 01:bar cap1am>: rua ~ CM,6' ~ Oo !"fl.MO~ Mil. Slt&-U«Pl ''" ~,1 MIi. $Q~ ~ Mc •C41 iici C&UIIClloC. E'f'idm ot awzmtbip or eurnte &r tni1a cmWor: · Ill :hdoHd C WU1 fbrwud itnqwted C Not 79& Pdab1e Capletn): .... • ,. - ~11 •· • 0 • • • • 2"M trail 11rQict tl.•cnbed. in tAu trml lrmd oppllt:=ton la UNtl &,,. or qpro~ \ for, trail &N1'S 111M tlN (Mlfft OIN): eJ NON-MorOB-IZED Cmb. r=. ~. hone. u:i, etc.) Q KO'l'OBIZED: z.c...,.atiozl Facility" Project or Safec,-, Edwt:SoA. mad tTm ~P:"Oject . Ct:ml =ct.:rcycla, all•tcnm "1Dc!e, four.wheel d:m Y9bide. mowmohile, et.c.) CJ CODINJ::) MOTORJZFD A.~ NON-MOTOB!ZED (the t:'ail ~.c!cr or :ml-bud is UHc! by both motor.-! and DOZl.•mocorized men) L PrcTida n-.de:ca ot l\:;port for tb!a projec &om lndl u.r .,._,,. 0.Clrl. pedticm. zwwa utidu, eva:t d.eseripUoz:a, etc.). (12 PoiriUJ 2. Show bow apec:!c t:a:l con"'.dor dee,: su,i,orta ea= t,i,1 ot ue (ATv. lliaJda, c:roaa- ~ Ile. tq,ieff:".,a:. lauz,.wheel d::fl nhicle. bib, mawmobile. trail mocore,c:le). W'lml az:ly om or a few mu ct propolld. lhow ~ au Uld to be li=ited. (ll~ 3. P:oTide l'lic!e:M:a ot 1c..,port &r tl:dl i=jec:t tram rm=tr JMun. Nl"ria orsamza· t:iom, ~ IJ:l.d m-rim:!me=tal l'f'Cup,, ICbaoll, basn•111, am ot!wr 11ar.1•P••-· m&t r-oupa (lattes, ~. UWI az1:lclll. ffCt clMc:'-aae,-.). (lOPob&U) 4. D1tc:-J,e vol=iev 6nl in-tms prajec::. (10 Poi1*J 6. fzl addition to tc:d., to Zllftt U7 ~ mat=. If.It Gtbc IOWCII at!mll,. f31.1rmd IC- W:U. mate:i&le, a:c! la= acqcieitum. (lO PoiaUJ 6. h,wide e"lic!Eca of c=operatiarl am.oz:, dec:t.djmideiam ad otJm jOtWr IMDt apA• c:ies izl pla:n:ni:nr ar.c! ~ ottba trail prqiect. (lO PobmJ 7. Dflc:ibe the tac!:.mcal, •cm:iic. aid/or ,miqae tutma ottlm tni1 ..,...,., &bat will pro- -ride a qualirJ cpuimce for mil men. (ll Poua:v 8. Show bow thia tnil Hsm,mt 1mks or~ dinct ac:ua to odlar tni1 l1ltaml Oocal. rqionaJ, or state), parks, ~ticm lite1, conmmmt:!11, or ope~ 1m!a. (I Poi1&t,fJ 9. Show how tu project aids m tbe pracedoll. nbabilitatia. or~ att.ba Cit· r=mmt izl this 11,mant of tbe tnil.. C8 Poiml) . • · 10. DIIC'ibe bow ,OU will publidz• am promote tlm project or pnarm. (10 Poma) I . • 0 • • • 17:12 SERU IC&NTER .. ?&22Jlaa .AJIP!tOVAI. BT~"i-Z:, KA.~GD (t!U'S~:~m.KA.-u.~~~ eta.): Al ca~~ -~t olt:a lad cm w!d=the~cwm be a===.~ . pH:ecl I q:9e to t::e !oilowt::,: · 1. Tb JZ'fiC or &c"':~ w-~ :.::a= ac:a•r1:J• !Ir-;uDc w llr ut tu. e:.c. 25 ,.._...._ J111u CEltTXnc.\1'lON Al t?:a a!!!c:&l ~ ~ NpiN:t t:a P:qjec: !~Im :.;--eac, ...,...a:c:a ~ ~ Cola:Ko Sea:. T=m hal:a=-I q:.-= ~ ~ l. 'ne P:-:jec: S;=aor w t:.e ~ a:d!:at to~ !:a ~ ott!:a ;=Jee CNta. f:c"+r~~ a::4m-•,ee ,mw c111n • J)ue ' ' ' . . .. • • • 0 , • • • • 17:13 c:oarr.m:c:ncar 'l'h• t.-ail will• approxi:llately iao linear t .. t ot vara tone,• thick, 10' vicl• conc:ate vie S' aoft allcNlden. Trail enda would • N flared and tun radii woulcl ac:c:; dau a 20 DK CS.Sip •PMd· Ul 01:Ur =-ail deaip wollld aGere u all AISB':O 1:ftil conatr.lc:Uon 9Uiclel!Aea. fte aite plumed tor 1:lle 1:...-11 i• IJeftenlly flat. fllere ia only one vrau clluVe to ovvc:oae. To oVUCOM ~ tz'9cle ~ When ~e new trail ...-nt wolilcl IINt Ce Ce.,unnial. 1.aJce IZ'ail a ,a, long 10' vicle pad W\llcl be l:Nilt to acc......-tate a ,, rue in elevation. a. m out would be 20'-l' accoaoclatinq A.D.A. 'rhia pad would reqw.re 101 c:uic yaru ot •t..-uc==al till. '1'Jle pad aidea would be •loped at a ''-1' tor .... ct .. intenaz:.ce. ~'fa Th• concnte uail IIOU.lcl be ltloem ott vi~ a kc:Jqaack ltlOIMr once a veelc in tile Ju.p •• aoaca C~il --.>. Meer encl before thia lliCJh ua• period wp£n9 IIIDll14 N on an u DH dad a.au. na trail •lloulden would N ~ onoe unully to keep ~ P'CM:ll ot ac1,acent ....S. dOlffl azul aaintaiD a Hft eftll· aartac:e tor runnua. IIADGIHD'l' 'l'h• trail would be •iped tor ue oalr by laiaycliau u4 peclutrian.s. hrJm -1oreu IIOUld atone 1:11e prolail:aiti• ot aotori1ecl ..iu.c1 ... Plovinq would be caapleted u per City of SllflMIOOC! policy, vi~ · 24 ho'-:'• attu tile c:eaaation of anowfal.l. . ,. - . ' I . . 0 'a2 x l l ~ • i. 0 • I~ J 'I r1~t~fte1 !(~~~ :tt~ I • ~Bt'. ~~~ ~ -t· "'· ~ ~~ ~t cnnnl. ~. n ~ n i1 ! ~11 ~fltil~a=r, !sg~~ ~I! ~ ~ c ~t! So. n )•c Go~ r "e •ft' ~ana ·~·~~ ··, f ~ ··t~~31~ C ~~ ~~~ . f .. ~ .. LI l f I l~., "~,• R ~~!11 ('< §l .. , . · I' a • ~ 111 ; R , :19 ~ ,. t-;I e f!.1 • R i clt53· l':lo Jit a~. . :f. 1: t ·i. f~i:r1=e sil, ~r: i I Ii i i,!~1 'I 1l!'II~ "i! , I I l !·~•~'~= tj!f (i:. f · 1 1 :!iif :ii 1 :~• 1u 1 I ; · a0 bl~i Jdt · !I i • alhutr ;~1 £8 ! i p· ~0 1!( t~:; .. c ~ g I! 1 i ~ac ~ a r~ !J r ! 1r~rtcrr 8J!~ r. , ~ · ,. ~ UI - I . , ... . 7 ,• • \ I • "' - • , . • ~ 17: 14 SERVI CENTER .. 762Z3l!le -l'().S29 ~16 J ;: ~ ii ~. hi .. ;1 I 11; i i ~:j I ii ll -· I :. • M' •' • al •' I / I . JII I· 1• . 1--I ll 1i -·1 I, ·-1 ~ • ~ '~, -· lj 1 • J I ll i i ~ I • i!1I · I 8 I 1: 1 1 I 0 • • • • • 17: 14 11) Evider.ca of •uppo~ trca t--a!.l uaen r.oupa for thia project is provided ~ui;n tAe tollowinq letters: !) '1'?1• Cenver SpoJca aic:ycl- :) The Enqlevood aicyc:1• co. l ) '1':'out t1n1 iJli tecl Colorado Co1:ncil 4) Rocky KClw,tain Jload Rt:nners 5) Th• Malley Senior Cer.tar , ) 'l'h• cwner of Plat:• li var Jlollenports I,) 'l'h• li."tk between the Ara~• GrNnWay Trail and the Cent~al Park '1':'ail vcul.d ~ora a acenic loop allowinq fer UH of parlc tacili U••, tiahinq and parld.Aq. Thia trail · c::irridcr will be uaed by bic:yclista, pedestrian. ar.d the disGled. It's deai;n will 1ncorpcrata t=ail vidt:ia s~tic!.ent tor all users to be on the t..,11 at the same the and will aCere to 'rh• AM:icans with J)iaGiliti•• Ac~ c;uidelin••· Th• trail v!ll adhere to all AASZ"O 9Uideli.~u includL~q a 10• width, dasi911 apeed ot ao .... af-nlPv:w of 2• aoulder• < 5' ware poaaU,le ) , 9 •-10' a.ad clearance and the uili ty to suppo~ a 12, ooo US ll&intenance ftllicle. '!'!:.• uae of 1::lis trail would ba•• to be liaited to bicyclists, pede•triana and tu disabled due to City of Sn!Jlwood poUciu per:&ininq to SDOlfPlovinq, prollibition of aotoriaacl Yahiclu a."Ul bars•• 1n paZ'b. De ahouldera ot thia u4 all connectinq trails could 1M utilized by =on co~try skien. \; ~ ll) Evidence of aupport tor this project troa coaawu.ty 1-ders 1a / ~\Ii(. provided throu;h the tollovincJ letten: '"j, ( 1) The Mayer of tJla City of Znfllevood · ,k. ,~ ~ 2) Th• Kayor of the city of Sheridan t.., {} • -~ ~ l l) The Chainan ot tAe Enqlewood Parlca and benation 0'0 ~ij· .lll. Comlis•ion. / \\'ib~- 4) The Enqlewocd Downtown Developaent Authority / ~ 5) Th• C:raater Ellflewoocl Che•l:Mr' of Cowrc:• '!he Enqlevcod Para Departaent will orvanise ~luateer a-ea· r \ plant.in~ efforts vi1:h local. Olb SccNt pac:ks and Arbor Day 'J .. t\." volunteers. A total of 10 1.s• caliper clec:iclUou a-... and 10 I' coniferous trN• are planned to be planted. IS) In addJ.tion ~ a IOI -tell 1A materials u4 181Nar Clla c:ity ot ,- I • • 0 • • "' - • • 17:15 -MJ.529 lil1S Enqlewcc~ propcs .. t= pr=vide approxJ.mataly $2,950.00 in BaB t:'Na. ,,, Zvider.ce of cocperaUon :rca a::ec:ted 1ur1sdietiona fer~• proj~ is provic!ed throi:q!:. the follow~ le~. 1) '1'he Kayor of ft• City of Sheridan 2 > 'l"h• Kayor of '1'he Ci 1:"J' of lnqlevaod l) Sou1:!l swm.~ Parka i a.c:reaUon District 17) 'r'..!s t=ail U..~ between the Centennial. taJca 'rn.il and tha Arapchce Greenway 'frail will provicle uaen of the park and 1:!l• Arapahce Qreenvay access ,:c al.l the para aaenitiu inc:lwUnCJ r•" •~pa, r~, picnic ar ... , two fishinq piers, par~, drinJci.,9 fountains and ab.altars. na cold, c! .. p vaten ot the lak• p::"Ovide an excellent fialla...-y 1:!lat i• n.odcad by 1:!le .colondo Division of Wilcllita. 'l'llis •tockin9 also att..-ac-:a a l&re1• diversity of fishincJ bird.a includinq Great Blue Herons, llack capped •i9ht Herons and Laona. ft• i:rail linlc would provide easy ac:c:eaa tor wildlife vievi."'iCJ and fishi.,c;. With planned develcpeaent of another ialand tor nesur.c; waterfowl, t:u• park will bec:ou an oasis tor urban wildli!• well warth the cyclist or pedestrians' tiu ,:c 1:..-avel the loop t;-ca 1:!l• Arapaho• Greenway. · la) Pl•u• refer 1:C MP, p&i'e I 4 It) 'l'h• installation of 1:hi• trail aapant will stop the ua of unot!ic!.al. trail• t:iat ue =t by c:ycluts and ped .. trians. nua unofficial uail• cause erosion and •~ety c:cmcerna cat would be eliainatad by detinin9 a c:ouiatant route. A section of riparian buitat exiata where ~ lab dftiu· in~ 1me soutJi Platte Jli'9V. This bal)itat would IN sJc1r1:ed u vidal.y u pcaa!bl• by the 1:rail s..,..nt and wauld uve trees plan1:ed u a natu..-al. b&n'ier between the llabitat and the trail •egaent. #10} 'l'h• connection ot ell• C:.ntennial. Lau ::-ail vita~ Arapahoe Greenway ft-ail vill be 1:l1e lut aacJMftt ~. ~ rest of the loop i• planned, fWMled and partially p-adecl and will be completed in ltts. When c:cnat..-uction is coaplete, tale City of ID91..ood plus~ have a ribbon C1&ttinq cereaony at vbiell 1me C1a!, lcouta an4 all other vcluntNn and contril:llltOn will be recoc,n.1.&ed tor their efforts. 'rhi• cereaony vill be adVutized in~ E119levood Citizen, fte • En9lewcod Beralcl and thro119b fliera diatri!Ntad at city events. .... .. I . • 0 ·:·· ...... City of En;lowood • • • 0 I • • CITY OF ENGLEWOOD, CO. . - • : : , I .. I . PROJECT LOCATION \ . ' ' . . I . • 0 • • • • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject July 17, 1995 Proposed Bill For An 11 a i Ordinance Regarding Submission To A Vote Of The Registered Electors Of The City Of Englewood Regarding Proposed Debt Issuance For Communications Facility Improvements And U---· Initiated By I Staff Source Department of Financial Services Frank Grvalewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance would submit to the registered voters of the City of Englewood for the issuance of $1 .4 million of bonded debt to finance improvements to the safety services communications facility and needed communications upgrades. The vote would also ask for authorization to impose a property tax to pay the debt service on the proposed bond issue . Resolution 79, Series of 1993 referred the following ballot question to Englewood's citizens: "shall police dispatch remain in Englewood?" The CCUlcil discussed this ballot issue at the June 19, 1995 Study Session . RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance submitting to a vote of the registered voters of the City of Englewood to issue debt and the authority to increase the property tax levy for repayment of the bonded debt over the term of the bonds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Charter requires a majority affirmative vote of the registered electors to issue general obligation debt (Artide X, Part Ill, Section 104). The passage of Amendment 1 (TABOR) requires the use of tightly constructed language in the ballot question. - " - I I I· '" I· •. • 0 • • • ,, City staff agreed that this is a much needed project, as apparently did the citizens ·or Englewood. They responded to a referred measure in 1993 in the affirmative (yes: 5,600, no: 939) regarding keeping police dispatch in Englewood. Logically, the citizens should be willing to pay for making needed improvements to the police dispatch they overwhelmingly supported in 1993. The upgrades and improvements would make the CXlfl'1ITUlicat center technically and ergonomically viable. The staff feels that since property owners are directly benefitted by having a modem COIMU'lications center to facilitate safety services activities, an increase in property tax would be the most equitable revenue source for debt repayment. FINANCIAL IMPACT The estimated cost d improvements and upgrades is $1.4 million. If bonding is approved, debt service collections and payments will be made from a separate debt service fund. Thelefole, no direct impact on existing City resowces will be felt UST OF ATTACHMENTS . Proposed bill for an ordinance ..... ·- .. I . . 0 '32xl • ORDINANCE NO . _ SERIF.$ OF 1995 • 0 • ~. BY AUTHORITY A BILL FOR "' - I • AN ORDINANCE SUBMITl'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO THE ISSUANCE OF BONDS AND AUTHORIZATION FOR A PROPERTY TAX INCREASE TO PAY FOR THE PROPOSED IMPROVEMENTS TO THE COIOIUNICATIONS FACILITY AT THE SAFETY SERVICES COMPLEX AND THE PURCHASE OF COMMUNICATIONS EQUIPMENT. WHEREAS, citizens of Englewood responded to a referred measure in 1993 in the affirmative (yes: 5,600, no: 939) regarding keeping police dispatch in Englewood; and WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question for the issuance of debt to finance the construction of a safety services communications facility and needed communications improvements; and WHEREAS , the ballot question would also ask for authorization to impose a property tax to pay the debt service on the proposed bond issue ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5ectioo 1. Pursuant to the provisions of law the City of Englewood hereby submits for a vote rxthe registered electors rxthe City of Englewood at the 1995 General Municipal Election the following ballot question : SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $1,400,000 WITH A REPAYMENT COST OF $2,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED $170,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE COMMUNICATION FACILITIES AT THE SAFETY SERVICES COMPLEX AND THE PURCHASE OF COMMUNICATIONS EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES, BY THE ISSUANCE AND PAYMENT OF BONDS PAYABLE FROM SUCH CITY TAXES OR OTHER REVENUES AS THE CITY COUNCIL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST RATE, DATED AND SOLD AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS AND REFUNDING BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY COUNCIL (I) SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, AND (II) SHALL THE PROCEEDS OF SUCH BONDS, THE REVENUES • •. I . • 0 '32xl ] • • ,. • FROM SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION BY ANY REVENUE OR SPENDING LIMrl'S, AND WITHOUT AFFECTING THE DISTRICTS ABILITY TO COLLECT OR SPEND ANY OTHER REVENUES OR PUNDS, UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITIJTION OR ANY OTHER LAW? YES __ NO __ Sectim 2. If the~ of the nptered elect.on ¥Otinc at uid election wte yes for uid propoaition the City Council lball at the earlieit practical and lawful ti-adapt an ordina.--ronm.. to the afflrmauve vote of the ~ of uid nptered electon votiftc in the election. Sectim 3 If a ~ty of the rept.erecl electors of the City of Enpewood vote no for uicl propoaition the City Council lhall reevaluat.e the method in which communication lel'Yicea are provided in Enc)ewood. Introduced, read in full, and puaecl on tint reading on the 17th day of July, 1996. Published u a Bill for an Ordinance on the 20th day of July, 1996. Thomas J. Bumi, lla:,or ATTEST : Loucrilhia A. Elli,, City Clerk l, Loucriabia A. Ellil, City Clerk of the City of Enpwood. Colorado, hereby certify that the above and forepinc ii a true copy of a am for an Ordinance, introclamd. read in ftaD. and pueed on ftnt readinc on the 17th day of July, 191&. ..... I . . 0 , • • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject July 17, 1995 Proposed Bill For An 11 a ii Ordinance Regarding Submission To A Vote Of The Registered Electors Of Conaete Replacement District 1995 Regarding Prooosed Debt Issuance. Initiated By I Staff Source Department of Financial Services Frank Grvalewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance would submit to the registered voters of Concrete District 1995 for the issuance of debt to finance the citizen's portion of required concrete repairs . A vote in the affinnative would provide property owners with a convenient financing vehide for needed concrete repairs . City Council passed Resolution 37, Series of 1995 declaring the City Council's intent to form Concrete Replacement District Number 1995 on April 17, 1995. City Council approved Council Bill 18 on May 15, 1995. City Council discussed this ballot question at the June 19, 1995 Study Session . RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance submitting to a vote of the registered voters in Concrete District 1995 for the issuance of debt and authority to increase the property tax levy for repayment of the special assessment debt over the term of the bonds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Prior to TABOR, the City of Englewood issued debt to finance the citizens' portion of concrete repairs . TABOR restricts the issuance of all multi-year debt, except revenue bonds to those issues approved by a vote of the citizens. Due to changes in election laws, only registered voters included in the district will be allowed to vote in this election. -• •. I . • 0 f 32xl • • • • .. The staff feels that impacted property owners should have a final chance to vote on financing their portion of conaete repairs. As pointed out above, only those citizens directly impacted by the incumlnce of indebtedness will vote on this issue. If the vote is in the affirmative, qualified citizens would be eligible for the deferred assessment program as well. If the vote is negative, the work will be completed, and costs assessed at the next possible assessment date. FINANCIAL IMPACT No invnediate financial impact should be felt by the City. UST OF ATTACHMENTS Proposed bill for an ordinance ' . ' • I . . 0 '32x l • • • • ;- 0 • \ J/1.Ti Ip /~µ ORDINANCE NO . _ SERIES OF 1995 BY AUTHORITY A BILL FOR COUNCU. BILL NO. 40 =~~~ AN ORDINANCE SUBMITI'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR RESIDENTS OF CONCRETE REPLACEMENT DISTRICl' 1996 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . WHEREAS, the City Council of Englewood, Colorado, has determined that it is necessary to create a special improvement district within the City for the l)llrpose of providing for the removal and replacement of sub-standard curb, gutter, and sidewalk and the new construction of curb, gutter, and sidewalk improvements, together with necesaary incidentals, within the City and to assess part of the cost of the improvements against the real property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Title 11, Chapter 2 of the Municipal Code of the City, the City Council, upon its own initiative, has determined to proceed with the removal and replacement or new construction and installation of such improvements; and WHEREAS, the City of Englewood, Colorado desires to submit a question to the property owners of the special improvement district as set forth in C.R.S. 31-25-534, entitled, Issuing bonds · property specially benefited; and WHEREAS, the City al Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedures may be implemented to coordinate this inue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5cc;t,ion I . Pursuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the State of Colorado who are owners of property within or residents of Concrete Replacement District 1996 of the City al Englewood at the 1996 General Municipal Election the following ballot question : SHALL THE CITY OF ENGLEWOOD'S DEBT BE INCREASED $285,000, WITH A REPAYMENT COST OF $420,000; BY THE ISSUANCE AND REPAYMENT OF SPECIAL ASSESSMENT REVENUE BONDS, SUCH SPECIAL ASSESSMENT BONDS TO BE ISSUED FOR THE PURPOSE OF PAYING FOR THE COSTS OF REMOVING AND REPLACING SUBSTANDARD CONCRETE CURB, GUTl'ER, AND SIDEWALK TO MINIMUM CITY SPECIFICATIONS IN CONCRETE REPLACEMENT DISTRICl' 1995; SUCH SPECIAL ASSESSMENT BONDS SHALL BE PAYABLE SOLELY FROM THE PROCEEDS OF SPECIAL ASSESSMENTS OR OTHER LEGALLY AVAILABLE MONEYS OF THE CITY ; SUCH SPECIAL ASSESSMENTS TO BE IMPOSED OVER A PERIOD OF TEN YEARS AND ONLY UPON PROPERTIES LOCATED WITHIN THE SPECIAL IMPROVEMENT DISTRICT CREATED WITHIN THE CITY; AND SHALL -•• • I . • 0 • • • - THE PROCEEDS OF SUCH BONDS AND SPECIAL ASSESSMENTS, AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE CITY WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES __ NO __ 5ertioo 2. If the ~rit.y of the reciatered eleeton who are owners of property widun or residents of the clistric:t votinc at uid election wte ,es for uid propoaition, the City Ceanc:il ahall at the earliest practical 1111d lawful ti-. adopt 1111 ordinance coafonninc till the affirmative wte of the ma,jority of uid ~ electon vatinl at uid apecial election. Sedioo 3. If a ~rity of the ~ electon who are owners of property within or residents of the diatrict wte no for uid proposition, the propertiel bated within the local improvement diatrict shall be UMSNd for the impl'OVeD*lts with their property taus. Sedioo :4 By approvmc this Ordinance the City is not •tatinc that apecial •-sments are by any law tues. It is the pw,,ose of this Ordinance to address the issue offinancinc special improvement projects in the most economical manner and to avoid eiq,ensive, time consuming litigation and the uncertainties thereof. Introduced, read in fill), and pauecl on tint reading on the 17th day of July, 1995. Published as a Bill for an Ordinance on the 20th day of July, 1995. ATTEST : Thomas J. Bums, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby Nrtify that the above and forepinc is a true copy of a Bill for an Ordinance, introdueecl, read in fcall, and pauecl OD first rudinc OD the 17th day of July, 1996. ,. - .... , r 1·; ... •· • . • 0 '32 x l • • "' - • COUNCIL COMMUNICATION Date July 17 , 1995 Initiated By rlAr'UlrtrnAtrtt of Financial Services Agenda Item 11 a iii Frank COUNCL. GOAL AND PREVIOUS COUNCIL ACTION Subject Proposed Bill For An Ordinance Regarding Submission To A Vote Of The Registered Electors Of The City Of Englewood Regarding Proposed Charter Amendments. Staff Source lewicz, Director This bill for an ordinance would submit to the registered voters to the City ol Englewood amendrnel ft to the City ol Englewood Charter. The registered voters ol Englewood last made changes to Article V , Section 41 on November 2, 1965. The registered voters ol Englewood approved changes to Article V, Section 47 on November 2 , 1965 and November 5 , 1991 . The City Council approved Ordinance number 4, Series 1981 and Ordinance 42 Series, 1987 allowing a vote ol the registered electors of Englewood amending the requirenwU for sealed bids for supplies, material or equipment (Artide IV, Section 111) in 1981 and 1987 respectively. Ordinance 5 , Series of 1981 and Ordinance 43, Series ol 1987 _.. approved by Council to allow a vote of the City's electors to make changes to Article rv Section 116 in 1981 and 1987 respectively. The City Council discussed this is at the June 19, 1995 Study Session . RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance submitting to a vote of the registered voters amendments to the City of Englewood Charter. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED Currently , Artide V , Section 41 specifically prohibits emergency ordinances from inaning indebtedness or authorizing borrowing money. Also, the charter would be changed so •• ' • . I . • 0 ]- • • ,, . • • (. emergency ordinances are not subject to referendum. These Charter amendments will allow Council the option of using emergency ordinances to incur indebtedness or authorize debt without being subied to the refel • ldum period. This could be financially beneficial to the City and its citizens. An emergency ordinance for this JUPOS8 would shorten the time investors must wait to receive bonds issued by the City. The long period between final approval and issuance subjects the investor to market risk, which may keep some investors from bidding on the City's debt. With a shorter time period, more investors may show interest in ~ the City's debt. This would inaease the competition for purchase, possibly lowering the cost of debt issuance. Currently, Article rv. Sections 113 and 116 define the amooots for which the sealed bidding process must be undertaken. Section 113 sets the 8fflOCMlt at $10,000 for purchases of supplies, materials, or equipment. Section 116 sets the 8fflOCMlt at $20,000 for capital improvements (except work performed by the City using City employees). These Charter limits were amended March 24, 1981 and November 3, 1987. Due to inflationary pressures on the prices of supplies, materials, equipment, and capital improvements, staff feels it is appropriate to adjust the limits to $25,000 for supplies, materials, equipment. The main reasons for raising the limits to $25,000 for supplies, materials, and equipment is the price of autos is increasing to the point that soon every vehide will need Council approval. City Council and staff will soon spend more time researching and approving bids instead of more important City tasks. The bid process may hinder the City's attempts to make timely purchasing decisions and lose out on attractive purchase opportunities if product availability is limited. Capital equipment would require sealed bids only for purchases in excess of $50,000. Staff believes this will streamline the pu'Chasing process. FINANCIAL •PACT No immediate financial impact should be felt by the City. LIST OF ATTACHMENTS Proposed bill for an ordirwlC8 ..... • < I . . 0 • I I ( '1 I 1'i • ORDINANCE NO . _ SERIES OF 1995 • 0 • BY AUTHORITY ABILL FOR COUMCIL BILL NO. at INTRODUC~L NBNJIBll...t.l~I.IIII--Mlll~.a..-- AN OIU>INANCE SUBMl'fflNG TO A VOTE OP TBB RBGISTBBBD BLBCTOBS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL IIUNICIPAL BLBCTION PROPOSED AMBNDIIBNTS TO TBB CHARTBll OP THE CITY OF ENGLEWOOD, COLORADO REGARDING FINANCE ADIIINISTRATION. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood amendments to the City of Englewood Charter; and WHEREAS, Article V, Section 41, of the City of Englewood Home Rule Charter specifically prohibits emergency ordinances from incurring indebtedness or authorizing the borrowing of money; and WHEREAS, the Charter would be changed so emergency ordinances are not subject to referendum; and WHEREAS, Charter amendments will allow Council the option of using emergency ordinances to incur· indebtedness or authorize debt without being subject to the referendum period; and WHEREAS, an emergency ordinance for these pu ... would shorten the time investors must wait to receive bonds issued by the City; and WHEREAS, the lone period between final approval and isauance subjecta the investor to market rilk, which may keep some invest.ors from biddinc on the City's debt; and WHEREAS, with a shorter time period, more inwst.on may show int.erelt in purchasing the City's debt; and WHEREAS, this would increase the competition for purchase and posaibly I-er the cost of debt issuance; and WHEREAS, Article X. Part IV, Sections 113 and 116 of the Englewood Home Rule Charter define the amounts for which the saaled bidding p..-.s must be undertaken; and WHEREAS, Article X. Part IV, Section 113 nquirea a Nalecl bid for pwch-of supplies, materials, or equipment for amounts ofSl0,000 or more; and WHEREAS, Article X. Part IV, Section 116 nquil"N a -led bid for capital improvements for amounts ofS20,000 or more (ucept -rk performed by the City using City employees); and ..... "' , •. I • • 0 • • • WHEREAS, inflationary pressures on the prices of supplies, materials, equipment and capital improvements make it appropriate to adjust the limits for supplies, materials and equipment; and WHEREAS, the bid process may hinder the City's &Umlpta t.o make timely pun:huinc dec:iaion and the City may mi11 attractive purc:bue opponmutiea if product availability is limited; NOW THEREFORE BE IT ORDAINED BY ENGLEWOOD, COLORADO, THAT: CITY COUNCIL OF 'fflE CITY OF Sectim 1 'n1ere is hereby IUbmitt.ed t.o the....--•...._. tithe City ttl Enclewood at the nut IChtdulell pneral municipal electian propoeed ammdmmta t.o the Chart.er of the City al £nclewaod, Article V, Sec:tion 41; Article VI, Section 47 and Article X. Part IV, Section 113 and 116. If Question No. _, is approved by the registered elec:t.on, upon certification thereof t.o the office of the Secretary al State al the State al Colando, punuant t.o Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article V, Article VI and Article X of the Home Rule Charter of the City ofEnclewood shall be amended as follows: 41: All'l1CLBV ORDINANCES EMERGENCYORDINANCES Emerpncy ordinances n-.ry for the immediate pruervation al public . property, health, peace, or safety may be introducecl, read and unanimously approved by a quorum preNllt, at any meeanc al the Coaacil. '11le facts ahowinc such urpncy and need shall be specifically l&ated in the ~ No ordinance shall ...,.._ final pauqe on the same date it is introduced; however, emerpncy ordinances may receive final puup by Council on the followinc day. Baerpncy ordiDuCN lhaD take effect immediately upon final puup and abaD be published within Nftll daya thereof'. No ordinance maJtinc a ,rant al any apecial priYilep, le¥yint tu-. ine•,..illc in•als .. •e•, •••Piain1 t..H1 iRc aH IJ or fmnc rat.es c:hupd by any city owned utility shall ever be pused u an -....-cy mNIUN. (Ameaded 11- 2~) ,,,_ . , .. I. • 0 • 47 : • 0 • ARTICLEVI INITIATIVE AND REFERENDUM REFERENDUM The referendum shall apply to all ordinances passed by Council, except ordinances making the tu levy, the annual appropriation ordinance, EMERGENCY ORDINANCES, or the ordering of improvements initiated by petition and to be paid for in whole or part by special assessments . If at any time within thirty (30) days after the final passap of an ordinance to which the referendum is applicable a petition signed by registered electon equal in number to at least ten percent (10%) of the preceding gubernatorial vote in->the City, is presented to the Council protesting any ordinance going into eft'ect, it shall reconsider such ordinance. If the ordinance is not entirely repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and Section 14 of this Charter, at the next general municipal election or at a special election. Such ordinance shall then go into effect without further publication if a majority of the electors voting thereon vote in favor of iL The Council, on its own motion, shall have the power to submit any proposed ordinance to a vote of the electors at a general or special election as provided and limited in this Charter. No provision of this Charter shall be construed as limiting the right of Council to refer to any ordinance subject to referendum. If provisions of two or more proposed ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall become effective. (Amended 11-2-65; 11-5-91) 113: AR11CLEX FINANCE ADMINISTRATION PART IV . PURCHASES AND SALES COMPEimVE BIDDING Before the purchasing officer makes any purchase of supplies, materials or equipment, in exceu ofS19,99Q.9Q 125,000.00, he shall cive ample opportunity for sealed competitive bidding, with such general exception, as the Council may prescribe by ordinance. Council shall not exempt any individual contract, purchue or sale from the requirement of competitive biddin1. No officer, appointee or employee of the City shall be financially interested, directly or indirectly, in the sale of any land, material•, supplies, or service• to the City, except in cue of purch- submitted to competitive biddin1 or not exceedinc an aarepte ofSl00.00 in any one year. The lo-It and belt bid shall be accepted or all bid1 will be rejected. If the lowest bid is not accepted u being the best, such rejection must be approved by Council. Provi1ions in thi1 Section shall not apply to profeuional or technical services, or services of reculated public utilities. All invitation• to bid lhall require bidden to meet the requirement. of State Statute• reprdinc preference of State products. (Amended 3-24-81, 11-3-87) "' - •. .. I • • 0 • • 0 I • • 116: CAPITAL IMPROVEMENTS Bids in excess of~8,888.88 l50.(IOOJIO except work performed directly by the City using City employees, shall be contracted for as follows: (a) The purchasing officer shall, on the basis of specifications properly submitted and approved, advertise for and receive sealed bids for the public work or improvement and on closing of bidding shall open bids, tabulate same and present the results with recommendations to the City Manager. (b) Council shall have final approval of the lowest and best bid or all bids must be rejected. When no satisfactory bids are received or for other reasons deemed expedient to Council, contracts for public works or improvements may be negotiated, provided that contracts for which no competitive bids have been requested shall be invalid unless accepted by resolution which shall declare the reason for exception to the competitive bidding requirement. (Amended 3-24-81, 11-3-87) Ses;tjgn 2. Ballots for said election shall carry the following designation which shall be the submission clause: QUESTION NO . -- Shall the Home Rule Charter of the City of Englewood Section 41 - Emergency Ordinances of Article V; Section 47 -Referendum of Article VI; Section 113 -Competitive Bidding and Section 116 -Capital Improvements of Article X be amended to allow a change in the effective date for revenue bonds and to increase purchasing limits without the requirement of bidding? YES NO Ses;tjgn 3, Each elector voting at the election and desirous of voting for or apinat the amendment shall indicate dw elector's choice by depressing the appropriate counter of the voting machine which indicates the -rd "YES" or the word "NO; or by appropriate marking upon paper ballots when Uled. $cc;tjgn ,. The proper official, of the City of Englewood shall live notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at IUCh e~ shall be canvaued and the result ascertained, determined, and certified aa required by law. $cc;tjgn 5 . If any section, paragraph, clauae, or other portion of thia ordinance ia for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portion, of thia ordinance. Introduced, read in full, and puled on tint reading on the 17th day of July, 1996. ' - I • • 0 • ,.. • • •, " Pubmhecl u a Bill for an OrdinaMe on the 20th day oL July, 1995. A'M'EST: Thomas J . Bums, Mayor Low:rishia A. Ellis, City Clerk I, Low:riahia A. Ellis, City Clerk of the City oL £nclewood, Colorado, hereby certify that the above and foregoing is a tnle copy oL a Bill for an Ordinance, intndueed, read in full, and passed on tint readinc on the 17th day aC July, 1995. Loucriahia A. Ellis 6' -• . ' .. I. • 0 f ~~xi • • ,,,_ 0 I • • COUNCIL COMMUNICATION Date Agenda Item Subject July 17, 1995 11 a iv Proposed Bill For An Ordinance Regarding Submission To A Vote OfThe Registered Electors Of The City Of Englewood Regarding Proposed Debt Issuance For Fire Eauioment. Initiated By I Staff Source Deoartment of Financial Services Frank Gryglewicz, Director COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION The approval to incur debt for the purchase of fire equipment would inaease the overall emergency preparedness of the City of Englewood. This bill for an ordinance would submit to the registered voters of the City of Englewood for the issuance of $400,000 of bonded debt to finance the purchase of fire equipment. The vote would also ask for authorization to impose a property tax to pay the debt service on the proposed bond issue . This issue was addressed at the Study Session on June 19, 1995. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance submitting to a vote of the registered voters of the City of Englewood to issue debt and the authority to inaease the property tax levy for repayment of the bonded debt over the term of the bonds . BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The City of Englewood Charter requires a majority affinnative vote of the registered electors to issue general obligation debt (Article X, Part Ill, Section 104). The passage of Amendment 1 (TABOR) requires the use of tightly constructed language in the ballot question . City staff agrees that this is an appropriate use of the City's bonding capacity. The staff feels that since property owners are directly benefitted by having modern fire fighting equipment to facilitate safety services activities, an inaease in property tax would be the most equitable revenue source for debt repayment. .... •. I . • 0 - • • • ... FINANCIAL IMPACT The estimated cost of this equipment is $400,000. If bonding is approved, debt service collections and payments will be made from a separate debt service fund. Thelaf01e, no direct impact on existing City resources will be fell UST OF ATTACHMENTS Proposed bill for an ordinance • . .. I . . 0 • ORDINANCE NO. _ SERIF.S OF 1995 • • • BY AUTHORITY A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OP THB DGISTDBD BLBCTOBS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUBS'l'ION BBLATING TO TBB ISSUANCE OF BONDS AND Atrl'IIOBIZATION OP A PROPERTY TAX INCREASE TO PAY FOR THE PURCHASE OF FIRE EQUIPMENT. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question regarding the i111U8Jlce of debt to finance for the pun:bue of fire equipment in order to deliver the services requested by the community; and WHEREAS, the Department of Safety Services baa developed a major apparatus replacement achedule for pun:haae and divestiture of fire trucks on a recular and anticipated ba1i1; and WHEREAS, the oldest fire vehicle presently in the fleet ia a 1973 Pierce Teleaquirt that wu semi-refurbished several years ago, but wu due for replacement in 1993; and WHEREAS, baaed on demographics and anticipated construction activities over the next few yean, the Fire Division bu determined that future replacement of all 1arp fire pwnpen should be on a recular baaia, with the preferred model being a pwnperlt.anker/aerial combination; arid WHEREAS, the pumper/tanker/aerial combination provides the great.eat flexibility and operational eft'ectiveneaa for the type of urban ftrefichting threats endemic to Enclewood; and WHEREAS, Safety Services ia requesting that a major apparatus capital equipmmt replacement fund be instituted to avoid the n-ity for future one-time fund allocations; and WHEREAS, fundin1 would then be correlated to the vehicle replacement IIChedule, and a rerular tumover in the fleet could be more easily accomplished; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ectioo 1. Pursuant to the proviaiona of law the City ofEnclewood hereby IUbmita for a vote of the reristered electon of the City of Englewood at the 1996 General Municipal Election the followin1 ballot question: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED '400,000 WITH A REPAYMENT COST OF seoo.ooo AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED "6,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURCHASE OF FIRE EQUIPENT, BY THE ISSUANCE AND PAYMBNT OF BONDS PAYABLE FROM SUCH CrrY TAXES OR OTHER REVENUES AS THE CrrY • .... I . • 0 • • • • '· COUNCIL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPI'ION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST RATE, DATED AND SOLD AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS AND REFUNDING BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY COUNCIL m SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE, WITHOUT LDIITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, AND <ID SHALL THE PBOCBEDS OF SUCH BONDS, THE REVENUES FROM SUCH TAXES AND ANY EARNINGS PROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION BY ANY REVENUE OR SPENDING LIMITS, AND WITHOUT AFFECTING THE DISTRIC'rS ABILITY TO COLLECT OR SPEND ANY OTHER REVENUES OR FUNDS, UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES __ NO __ $ec;t,ipn 2. If the majority of the registered electors votinc at said election vote yes for said proposition the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said registered electors voting in the election. 5,ctipn 3 If a majority of the reptered elect.on of the City of Encl-ood vote no for said propoaition the City Council shall reevaluate the method in which fire Nl'Yices are provided in Enclewood. Introduced, read in full, and puaed on fint readinc on the 17th day of July, 1995. Published u a Bill for an Ordinance on the 20th day of July, 1995. ATTEST : 'l'bomu J. Bum,, Mayor Lo11eri1hia A. Elli,, City Clerk I, Loucrilhia A. Elli,, City Clerk of the City of Enpwood. Colorado, henby certify that the above and forepinc i1 a true copy of a Bill for an Ordinancie, introdllCld, read in fWl, and puaed on tint readinc on the 17th day of July, 1996. ' ,, - • . .. I . • 0 '32 x l • • 0 I• - VERSION 2 • CAREER SERVICE RECOMMENDATIONS. ORDINANC E NO . _ SERIES OF 1995 BY AUTHORITY A BlLL FOR COUNCIL BILL NO . 38 INTRODU~_91L MEMBER .:..~.....:ai~-.CAIM-- AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO REGARDING SUBJECTS FOR COLLECTIVE BARGAINING, IMPASSE RESOLUTION, THE CAREER SERVICE SYSTEM, DUTIES AND POWERS OF THE CAREER SERVICE BOARD AND EFFECTIVE DATE-VESTED RIGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE FOR A BINDING ARBITRATION PROCESS. WHEREAS, the proposed amendments will provide for a binding arbitration process ; and WHEREAS , the binding arbitration process complies with the standards set forth in Gcee)ey PoJic:e JJnion x City Counc:il of Greeley 553 P .2d 790 (1976); City and County of Denver x Denxer Fire Fighters y,c;a) 858, 663 P.2d 1032 < 1983); Littleton Educ;ation Assoc;jation x Arapahoe County &boo) Djstric;t • 553 P .2d 793 (Colo. 1976) and Regjona) l'ransportatjon Djstric;t x Co)orado Department of Labor and Emp)oxrnent Dixiaion of J•oor 830 P .2d 942 (1992); and WHEREAS, the proposed process should provide for a fair and equitable means of dispute resolution; and WHEREAS, the power of the Career Service Board to modify is replaced with a set of standards which should be more understandable and equitable to employees; and WHEREAS, the proposed amendments will provide for a more cost effective method of resolving iBBues ; and WHEREAS, the propoeed amendmenta provide fbr acceptanc,e tbr only a ftnal offer, not a piecemeal clecilion; and WHEREAS, the City Council. which baa .a eleclied by Eqlewood citiaeDI under our ayst.em ol,ep,wntatiw demoaacy, will appoint the m1,hntm from a liltol -preeent.edjoindy by the City Ma-,er and the Employee OrpniMdon; ad WHEREAS, the City management has met with the Enelewood Employ- Association, Englewood Fire Fighters Association and the Enrlewood Police Benefit Association and have come to a tentative agreement regardin, the proposed amendments; and WHEREAS, theCity-.........hualaoamtwitb~aot---byan IIIICldadon, .... ..--the .. vpcwd dumaN with them ad received dllir co-nu;and •• ' I • • 0 '32xl • • • • ,~ - .. WHEREAS, the Career Seivice Board held a Public Hearinc on the p1opowl chanps;and WHEREAS, modiftcations have 1-n made to adopt the Career Senice Board', recommendation1; and WHEREAS, the unions, City management and the Englewood City Council are of the opinion that it is in the best interest of all parties to have a mandatory arbitration process; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled general municipal election proposed amendments to the Charter of the City of Englewood . If Question No._, is approved by the registered electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX. of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article XV of the Home Rule Charter of the City of Englewood shall be amended by repealing and reenacting the following Sections 137:5, 137:6, 138:1, 138:4 and 138 :5 as follows : 137:5 SUBJEC'IS FORCOLIBC'l1VE 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 LEA VE, MILITARY LEA VE, DISABILITY LEA VE, FUNERAL LEA VE, DUES DEDUCTION, GRIEVANCE RESOLUTION PROCEDURE (INCLUDING COSTS AND EXPENSES ASSOCIATED THEREWITH), NON-STATE OR FEDERALLY REGULATED OR MANDATED PENSION OR RETIREMENT PROVISIONS (CONTRIBUTION LEVELS ONLY), OVER-TIME PAY FORMULAS, WORK UNIFORM PROVISIONS, ACTING PAY, LONGEVITY, TRANSFER PROCEDURE, PROCEDURES FOR SUSPENSION, DEMOTION AND DlSCHARGE, AND EDUCATION INCENTIVES. THAT THE MAINTENANCE OF BENEFITS SHALL 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 ' .... • . I· • 0 , 137:8 • • • • t• • <, 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 BY CHARTER 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. CC) 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 . IMPASSE RESOUfflON (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 1ST 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 1ST. IFJULY 1ST 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 laI'H THE NAMES OF THREE ARBITRATORS WHO HAVE EXPERIENCE IN LABOR RELATIONS MATTERS AND INTEREST ARBITRATION. FROM THAT LlST 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 3aI'H. PRIOR TO THE COMMENCEMENT OF HEARINGS, THE ARBITRATOR SHALL SIGN AN OATH TO UPHOLD THE TERMS OF THE CHARTER. ' ' •. I. • 0 '32xl • • <. CC ) 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 DETERMINATION. 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 RECEIPI' 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 OUTSTANDING MANDATORY ECONOMIC SUBJECTS IN DISPUTE SHALL BE IMPLEMENTED. A COPY OF THE ARBITRATOR'S FINDINGS AND DECISION SHALL BE MAILED OR OTHERWISE DELIVERED TO THE CERTIFIED EMPLOYEE ORGANIZATION AND THE CITY MANAGER. CD) 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 e HEARING. THE PARTY REQUESTING SHALL PAY THE COST OF SUCH TRANSCRIPI'. IF THE OTHER PARTY REQUESTS A COPY OF THE TRANSCRIPI' OR IF THE ARBITRATOR • REQUESTS A TRANSCRIPI', BOTH PARTIES SHALL SHARE THE ENTIRE COST OF MAKING THE STENOGRAPHIC RECORD . .. __ .... ' ... I . . 0 '32xl • • • (E) STANDARDS FOR DECISION THE FOLLOWING FACTORS MUST BE CONSIDERED BY THE ARBITRATOR IN ARRIVING AT A DECISION : (ll 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 CA) AND SHALL STATE THE REASONS FOR CHOOSING SUCH FINAL OFFER. <G> TIME LIMITS THE TIME LIMITS FOR CONDUCTING THE HEARING AND FOR ANY ACTION BY THE ARBITRATOR SPECIFIED IN THIS CHAPTER MAY BE WAIVED BY MUTUAL CONSENT OF THE PARTIES AS LONG AS THE ARBITRATOR'S DECISION IS RENDERED TWO WEEKS AFTER THE BUDGET IS SUBMITTED TO CITY COUNCIL BY THE CITY MANAGER. ' '· I . . 0 , • • • t~ • <. < 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 BORNE BY THE EMPLOYEE ORGANIZATION. m FINALITY OF THE ARBITRATOR'S DECISION (1) EXCEPI' 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 RECEIPI' 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 : (Al THE AWARD WAS PROCURED BY CORRUPl'ION, FRAUD, OR OTHER UNDUE MEANS; (Bl THE DECISION IS ARBITRARY, CAPRICIOUS, OR UNREASONABLE BF.CAUSE THERE JS NO COMPETENT EVIDENCE IN THE RECORD TO SUPPORT THE DECISION; OR (C) THE DECISION WAS REACHED WITHOUT CONSIDERING THE FACTORS LISTED IN PARAGRAPH (El ABOVE . (3) IF THE COURT DETERMINES THAT THE AWARD WAS PROCURED BY CORRUPl'ION, 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 ' ,. - • .. I . • 0 , • • 138:1 • • t• - OR UNREASONABLE, OR WAS REACHED WITHOUT CONSIDERING THE FACTORS LISTED IN PARAGRAPH E ABOVE, THE COURT SHALL REMAND THE IB&JE TO THE ARBITRATOR WITH INSTRUCTIONS TO TAKE NEW EVIDENCE IF NECESSARY AND TO Is.5UE A DECISION IN CONFORMITY 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. THE APPOINTING AUTHORITY SHALL PREPARE AND SUBMIT TO CITY COUNCIL FOR ADOPTION A KCAREER 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. 138:4 DU1'IES AND POWERS OF 11IE CAREER SERVICE BOARD THE BOARD SHALL HA VE THE FOLLOWING DUTIES AND POWERS: (A ) TO GRANT EXCLUSIVE RECOGNITION TO AN EMPLOYEE ORGANIZATION TO REPRESENT FULL-TIME CLASSIFIED EMPLOYEES OF AN APPROPRIATE BARGAINING UNIT FOR PURPOSES OF COLLECTIVE BARGAINING. (B) TO ACT AS THE FINAL AUTHORITY WITH RESPECT TO APPROVING APPROPRIATE EMPLOYEE BARGAINING UNITS. (C) TO SUPERVISE ELECTIONS FOR SELECTION OR RETENTION OF CERTIFIED EMPLOYEE ORGANIZATIONS AND TO CERTIFY THE RESULTS OF SUCH ELECTIONS. (D) TO DECIDE CONTESTED MATTERS INVOLVING PETITIONS FOR SELECTION OR RETENTION OF A CERTIFIED EMPLOYEE ORGANIZATION AND PETITIONS FOR CLARIFICATION OR AMENDMENT OF AN EXISTING APPROPRIATE BARGAINING UNIT . COUNCIL SHALL ENACT APPROPRIATE ORDINANCES GOVERNING THE STANDARDS AND PROCEDURES WITH RESPECT TO ANY OF THE FOREGOING DUTIES AND POWERS OF THE BOARD . ' I I , .• •. I· • 0 f 32xl • • 138:5 (A ) (8) • • • HF.ARINGS UNDER CAREER SERVICE SYS'IEM THE CITY COUNCIL SHALL APPOINT HEARING OFFICERS WHO SHALL HA VE DEMONSTRABLE ABILITY IN LABOR AND EMPLOYEE RELATIONS TO HOLD HEARINGS AND MAKE FINDINGS AND DETERMINATIONS WITH RESPECT TO THE FOLLOWING : DISCIPLINARY APPEALS AND MERIT APPEALS . 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 . Ses;tjgp 2. Ballots for said election shall carry the following designation which shall be the submission clause : QUESTION NO . -- Shall the Home Rule Charter of the City of Englewood be amended by repealing Sections 137:5 -Subjects For Collective Bargaining, 137:6 - Impasse Resolution, 138 :1 -Career Service System, 138:4 -Duties And Powers OfThe Career Service Board and 138 :5 -Effective Date -Vested Rights of Article XV and reenacting Sections 137 :5 -Subjects For Collective Bargaining, 137 :6 -Impasse Resolution, 138 :1 -Career Service System, 138 :4 -Duties And Powers OfThe Career Service Board and 138 :5 -Hearings Under Career Service System; to modify the ..._ ......... don. witbemploya paup9topnmdelorbindiq ariJitradon ol-.,dldion in11 •• and ton6rtbe powerr eunmtly e.cadwd by 1he C.-Senice Board.., Beuiacomce.,, ...... pvvidedby~fbrtbepurpaaol....._.cmaand introclucin, additional esperti8e in employment ...-...1 YES NO Ses;tjop 3 Each elector voting at the election and desirous of voting for or against the amendment shall indicate the elector's choice by depresaing the appropriate counter of the voting machine which indicates the word "YES" or the word ·No: or by appropriate marking upon paper ballots when used. Ses;tjop 4. The proper official s of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at auch election shall be canvassed and the result ascertained, determined, and certified aa required by law . 5cs;t,ion 5. If any section, paragraph, clause, or other portion of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this ordinance . Introduced, read in full, and passed on first reading on the 17th day of July, 1995. ' • ...... • . I • • 0 , - • • • ·, • .. Published aa a Bill for an Ordinance on the 20th day of July, 1995. ATTEST : Thomas J . Bumi, Ma,or Loucriahia A. Elli,, City Clerk l, Loucnahia A Ellia, City Clerk of the City of Eneiewood, Colorado, hereby certify that the above and fore,oinc ia a true copy of a Bill for an Ordinance, introduced, read in full , and pa11ed on first readinc on the 17th day of July, 1995. Loucriahia A Ellia ,, -. . ' ..... I. • 0 1 __ , I - • • ,,,_ 0 - COUNCIL COMMUNICATION Date Agenda Item Subject July 17, 1995 Proposed Amendment to 11 a v the Charter of the City of Englewood Initiated By Staff Source City Manager's Office m R~die L. Barthlome, Director of Administrative Services COUNOLGOALANDPREVIOUSCOUNOLACI'ION In 1958, the Englewood City Chaner provided an enabling Act allowing the Council to create, if it so chose, a Board of Career Service Commissionen that would submit a Career Service System to the Council. In 1969, by Ordinance, Council instituted a Career Service System. In 1972, the Chaner wu amended to establish a Career Service System and was funher amended in 1981. RECOMMENDED ACTION It is recommended that Council approve a bill for an ordinance submitting to a vote of the registered electon of the City of Englewood at the next scheduled general municipal election proposed amendments to the Chaner of the City of Englewood regarding subjects for collective bargaining, impasse resolution, the Career Service System, duties and powen of the Career Service Board and effective date-vested rights under the Career Service System to provide for a binding arbitration process . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1969, when a Career Service System was fint implemented, and the last Chaner amendment in 1981, the areas of labor law and employment law have evolved and become very complex. The chaoses which are now bcina proposed better reflect the environment in which we are opcratina. City management and the representatives of the Enalewood Employees Association, Englewood Fire Fighten Association and the Enalewood Police Benefit Association have met on numerous occasions regarding these proposed Chaner cbanaes and have spent a areat • ...... I • • 0 \ I !~ '32xl • • • • .. deal of time in coming to a tentative agreement. City management has also met with employees not covered by an association , has gone over the proposed changes with them and received their comments. A Public Hearing has been scheduled by the Career Service Board for Thursday, June 13 at 6 :30 p.m . to obtain public input and to forward recommendations to the Council about the proposal. The changes being proposed will provide for binding arbitration in case of impasse in negotiations, and for a hearing officer for grievances, disciplinary and merit appeals. Because of the complexity in employment and labor law, the arbitrators and hearing officers will have a full ltnowlcd&e of these areas . There arc also defined rules that arc followed in this type of a system and a consistency of decisions. This is critical because the decisions rendered can have far-reaching consequences which also impact day-to-day operations and costs, both human and financial. Impasse Presently, in cases of impasse, statements of impasse from the City and from the Association arc submitted to the Career Service Board . After a hearing, the Board issues written findings of fact and recommendations for resolution . These arc final and binding unless the panics can reach agreement within five working days of the decision or unless the city or the Association file a letter of dissatisfaction with the City Council. If a letter of dissatisfaction is filed, Council must call for a special election. Under this proposal, the City Council will appoint an arbitrator from a list of names presented jointly by the City Manager and the Association. The final offers of the City and the Association arc submitted to the arbitrator and , after a bearing, the arbitrator selects either the final offer of the City or of the Association. The decision of the arbitrator is final and binding, unless the City and the Association reach agreement within fifteen days of the decision Grievances Pisciplio•cy Appeals and Merit Appeals Presently. the Career Service Board bears Grievances, Disciplinary Appeals and Merit Appeals. Under the proposal, a bearing officer will be appointed for these matters. The Associations and the City have agreed to meet and establish by Ordinance and by contract the appointment of the hearing officer and the standards and procedures for the appeals. FINANCIAL IMPACT When all of the costs were tallied on a recent impasse hearing, including staff time , attorneys. etc .• the cost was over S 15,000. With a system of arbitration, it is estimated that the cost will be approximately one-third of that amount . Cost savings will also be realized in other proceedings . LIST OF A 1T ACHMENTS Council Bill .. ' • I • .. I • • 0 I'. r ". '32xl • ORDINANCE NO. _ SERIF.8 OF 1995 • • • BY AUTHORITY A BILL FOR oo6NcIL BILL NO. M INTRODU~CIL --~ AN OBDINANCB SUBMl'rl'ING TO A VOTB OP TBB BBGJSTBRBD BLBC'l'OBS OF THE CITY OP ENGLEWOOD AT THE NEU SCHEDULED GENERAL ll1JNICIPAL IILllCTION PROP08BD AIDNDIIIDft'8 TO TID CBAlft'D OP THE CITY OP ENGLEWOOD, COLORADO BBGABDING SUBJBCTS FOR oou.ac:mva BMOAINING, IIIPMIII DIOWIION, 'l'IDI CABID SBIMCB SYSTEM, DUTIES AND POWBBS OP THE CARBBR SBRVICB BOARI> AND OHiC'l'IYB DATB-VBITSD BIGBTS mma 'l'IDI CADD UIMCB S18'l'BII TO PROVIDE FOR A 'BINDING ARBITRATION PROCESS. WHEREAS, the propoeed amendments will provide for a bindinc arbitration p-u;and WIIBRBAS, the binclinc arbitration proceu complies with the ltaDdards Mt fDnb in GzNkx Na Jiajpp x City O.aacil eC Qmln 11153 P .111 'IIO <1171); Ce ,.. Crmesr e< Pew:, Peanr Fm Mwn !«el Ml III P.111 um <1111>; 'm:- ldrMin ft . fflffl I Aremboe 0,,atv Scbeel Qil&rict, Ill P .Id 'Ill te.ie. 1ftl> _. I d 1 1' ttetien Qiet;ric;t x Cqlmdp Dwtt t tl I I IN I P t Wrie+en Af !1Pm 830 P .2d 942 (1992); wt ... pc ; a11cl amendments will provide for a_.. -...... _...., ........... ;and wesn:,., ... a.. ......-t. bu met. with t.1ae •I' ... n a r , _ •• ci1lh , -., .... f'ire Plptan AuociatiGn and 1M-., ........ a.Ill& Am . tie_. ..... w t1D a •tative apM1Dlllt .......... 1M £1111 11• ........ u; .. WIIDBAS, the 1111iona. City ..........-.t. and the lnl'a• ... eitw c-at .. If the opinion t.hal it ia in the belt~ of all parties t.o haft a••••••• ) allitl 1· 1 p...au; NOW THBUPOBB BB IT ORDAINED BY THE crrY COUNCIL OP TID CffY or ENGLEWOOD, COLORADO, THAT: Sectim I There ia heNby IUbmit.tal t.o the ...... ei.cton of the City of Eqlewood at. the nut IChecluled ..-al municipal election pnpoaed ......._. t.o the Charter of the City of Bn,tewood. • .. I. • 0 '32xl • • 0 I • • If Question No ._, is approved by the registered electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article XV of the Home Rule Charter of the City of Englewood shall be amended by repealing and reenacting the following Sections 137 :5, 137 :6, 138:1, 138 :4 and 138:5 as follows : SUBJEC'IS FORCOLUlC'l1VE 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 (CONTRIBUTION LEVELS ONLY), OVER-TIME PAY FORMULAS, WORK UNIFORM PROVISIONS, ACTING PAY, LONGEVITY, TRANSFER PROCEDURE, PROCEDURES FOR SUSPENSION, DEMOTION AND DISCHARGE, AND EDUCATION INCENTIVES. THAT THE MAINTENANCE OF BENEFITS SHALL 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 SUBJBCl'S 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 BY CHARTER 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 . ' - ,, - •. I . • 137:6 • • 0 t• • ' '· IMPASSE RESOLUI'ION (A l 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 1ST 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 1ST. IFJULY 1ST 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. (Bl APPOINTMENT OF ARBITRATOR THE CITY MANAGER AND THE EMPLOYEE ORGANIZATION WILL JOINTLY PRESENT TO THE CITY COUNCIL ON OR BEFORE JULY 10TH 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 30TH. PRIOR TO THE COMMENCEMENT OF HEARINGS, THE ARBITRATOR SHALL SIGN AN OATH TO UPHOLD THE TERMS OF THE CHARTER. (Cl 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 DETERMINATION. .. .... •• "~ • . I· • 0 I I I, . '32xl • • . , . • <. THE ARBITRATOR SHALL HAVE THE RIGHT TO DETERMINE WHETHER ANY PROPOSAL OR DEMAND JS 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 (15) DAYS FOLLOWING THE CONCLUSION OF THE HEARING, THE PARTIES MAY, IF THEY DEEM NECESSARY, SUBMIT WRITTEN BRIEFS TO THE ARBITRATOR. WITHIN FIFTEEN (115) DAYS OF THE RECEIPl' OF SUCH BRIEFS OR THE CONCLUSION OF THE HEARING, WHICHEVER JS 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 OUTSTANDING MANDATORY ECONOMIC SUBJECTS IN DISPUTE SHALL BE IMPLEMENTED. A COPY OF THE ARBITRATOR'S FINDINGS AND DECISION SHALL BE-MAILED OR OTHERWISE DELIVERED TO THE CERTIFIED EMPLOYEE ORGANIZATION AND THE CITY MANAGER. CD> 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 THE COST OF SUCH TRANSCRIPl'. IF THE OTHER PARTY REQUESTS A COPY OF THE TRANSCRIPl' OR IF THE ARBITRATOR REQUESTS A TRANSCRIPl', BOTH PARTIES SHALL SHAJlE THE ENTIRE COST OF MAKING THE STENOGRAPHIC RECORD . CE> STANDARDS FOR DECISION THE FOLLOWING FACTORS MUST BE CONSIDERED BY THE ARBITRATOR IN AJlRIVING 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 PAKl'IES; • ...... .. I . • 0 '32 x l • • 0 t• • (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. (Fl 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. CG> TIME LIMITS THE TIME LIMITS FOR CONDUCTING THE HEARING AND FOR ANY ACTION BY THE ARBITRATOR SPECIFIED IN THIS CHAPTER MAY BE WAIVED BY MUTUAL CONSENT OF THE PARTIES AS LONG AS THE ARBITRATOR'S DECISION IS RENDERED TWO WEEKS AFTER THE BUDGET IS SUBMl'M'ED TO CITY COUNCIL BY THE CITY MANAGER. <H> f'P'SAND EJPPISPQFAB&JTRATION 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 BORNE BY THE EMPLOYEE ORGANIZATION . <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 .... ;- •. .. •· • 0 '32 x l - • • • I• • <. FROM THE DECISION OF THE ARBITRATOR AS LONG AS SUCH AGREEMENTS ARE MADE WITHIN THE FIFTEEN (15) DAYS AFTER RECEIPI' OF THE ARBITRATOR'S DECISION. (2) THE ARBITRATOR'S DECISION SHAU. 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 ·SU?r 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 CORRUPl'ION, FRAUD, OR OTHER UNDUE MEANS; CB) THE DECISION IS ARBITRARY, CAPRICIOUS, 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 CE) ABOVE. (3) IFTHE COURT DETERMINES THAT THE AWARD WAS PROCURED BY CORRUPl'ION, FRAUD, OR OTHER UNDUE MEANS, THE ENTIRE AWARD SHAU. BE VACATED AND THE MATTER SHALL BE REMANDED BACK TO BE HEARD BY A DIJPFERBNT ARBITRATOR SELECTED PURSUANT TO THE TBRMS OF THIS SECTION. IP THE COURT DETERKINES THAT THE ARBITRATOR'S DECISION IS ARBITBAllY, 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 NECB8SARY AND TO ISSUE A DECISION IN CONFORMITY wrrH THE PROVISIONS or THIS SECTION. (4) EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN COSTS AND FEES IN CONNECTION WITH ANY APPEAL TO THE DISTRICT COURT. ...... .. I· • 0 , • • t• . ' • 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 •c1TY"), 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. 138;4 DUTIES AND POWERS OF THE CAREER SERVICE BOARD 131111 (A) THE BOARD SHALL HAVE THE FOLLOWING DUTIES AND POWERS : (A) TO GRANT EXCLUSIVE RECOGNITION TO AN EMPLOYEE ORGANIZATION TO REPRESENT FULL-TIME CLASSIFIED EMPLOYEES OF AN APPROPRIATE BARGAINING UNIT FOR PURPOSES OF COLLECTIVE BARGAINING. (B) TO ACT AS THE FINAL AUTHORITY WITH RESPECT TO APPROVING APPROPRIATE EMPLOYEE BARGAINING UNITS. (C) TO SUPERVISE ELECTIONS FOR SELECTION OR RETENTION OF CERTIFIED EMPLOYEE ORGANIZATIONS AND TO CERTIFY THE RESULTS OF SUCH ELECTIONS. (D) TO DECIDE CONTESTED MATl'ERS INVOLVING PETITIONS FOR SELECTION OR RETENTION OF A CERTIFIED BMPLOYEE ORGANIZATION AND PETITIONS FOR CLARIFICATION OR AMENDMENT OF AN EXISTING APPROPRIATE BAitGAINlNG UNIT . COUNCIL SHALL ENACT APPROPRIATE ORDINANCES GOVERNING THE STANDARDS AND PROCEDURES WITH RESPECT TO ANY OP THE FOREGOING DUTIES AND POWERS OF THE BOARD . BEARINGS UNimlCAPD'RlmlVICB SV81Di THE CITY COUNCIL SHALL APPOINT HEARING OFFICERS WHO SHALL HAVE DEMONSTRABLE ABILITY IN LABOR AND EMPLOYEE RELATIONS TO HOLD HEARINGS AND IIAKB FINDINGS AND DETERMINATIONS WITH RESPICT TO THB FOLLOWING: DISCIPLINARY APPEALS AND IIBRIT APPBALS . •. ... I· • 0 • • • , . • '· (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. Sm;t,ion 2, Ballots for said election shall carry the followin1 desipation which shall be the submission clause: QUESTION NO . -- Shall the Home Rule Chatter of the City of Enclewood be amended by repealing Sections 137:5 • Subjects For Collective Bargaining, 137:6 • lmpaaae Resolution, 138:1 • Career Service Syat.em, 138:4 • Duties And Powers OfThe Career Service Board and 138:5 • Effective Date· Vested Rights of Article XV and reenactin1 Sections 137:5 · Subjects For Collective Bargaining, 137:6 • lmpuae Resolution, 138:1 • Career Service System, 138:4 • Duties And Po-n Of The Career Service Board and 138:5 · Hearings Under Career Service System; to provide for a binding arbitration process? YES NO 5ef;tjon 3. Each elector wt.inc at the election and desiroua of votinc for or acain1t the amendment shall indicate the elector'• choice by depreuinc the appropriate counter of the voting machine which indicates the word "YES" or the word "NO: or by appropriate markinc upon paper ballots when med. Sect,ion , The proper officials of the City of £nclewood shall pwe notice of said seneral municipal election, IUCh notice lhall be published in the manner and for the length of time required by law, and the ballCKa caa at IUCb election lhall be canvaued and the reault ucertained. determined, and certified aa required by law. Sect,ion A. If any section, parasraph, clauae, or other portion of thia ordinance i1 for any reason held to be invalid or unenror-ble, the invalidity or unenforaability 1hall not affect any of the remaining portion• of this ordinance. Introduced, read in full, and paned on ftnt readinc an the 17th day of July, 1996. Published u a Bill for an Ordinance on the 20th day of July, 1995. ATTEST : 'nlomu J. Bumi, Mayor Loucri1hia A. Elli1, City Clerk .-~~nm-...-,..,.,-. , I 1; ...... . ' • . .. I· • 0 '32xl • . ... ·, • .. I, Loucrishia A Ellis, City Clerk or the City or Enclewoocl, Colorado, hereby certify that the above and forecoinc is a true copy or a Bill for an Ordinance, intnduced, read in full, and passed on tint readinc on the 17th day cl July, 19915. \~ ' II - .. \ I . . 0 • • • - VE'r-i 3 -CAREER SERVICE RECOMMENDATIONS & ELE"1'JON. ORDINANCE NO . _ SERIES OF 1995 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO REGARDING SUBJECTS FOR COLLECTIVE BARGAINING, IMPASSE RESOLUTION, THE CAREER SERVICE SYSTEM, DUTIES AND POWERS OF THE CAREER SERVICE BOARD AND EFFECTIVE DATE-VESTED RIGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE FOR A BINDING ARBITRATION PROCESS WHILE PRESERVING THE IMPASSE RESOLUTION DETERMINATION BY A VOTE OF THE CITIZENS. WHEREAS, the propoaed amendments will provide for a binding arbitration proceas while preservine the Impaue Resolution determination by a vote of the citizens; and WHEREAS, the propoeed ·nwnct-ta pl'OVide ... aooepmooe ... onb'. final offer, not. piece ..... cleeilioa; and WHEREAS, die Cil;y Qiam:11, whim ........... by Ellllewood ddaem IIDder ouray-.nolNPwaatadwdemoaraey, willappaill&thembballtllii" ra...alil&ol -.. Nentecljoindy by die~ ......... the Employee Orpnnedon; wt WHEREAS, the bindinc arbitration proceu complies with the standards Mt forth in GrccJcx Pqljcc Voioo x City Gnmsil oC Qrcclcx 553 P.2d 790 (1976); City and Cpunty oC Ptox,r x Ptoxcr fin Mtca Iecel SM. 663 P.2d 1032 (1983); J.it.t.latpn Edusatieo AewietiAD x Arepebee County ScbMI DiV:rist,, 553 P .2d 793 (Colo. 1976) and Bceienel tnn1pprtatioo Pieffict x frlllenda D1anmeot of labor and EmpJoxrncot PiJiliAD of Jabot 830 P.2d 942 (1992); and WHEREAS , the proposed process should provide for • fair and equitable mean, of dispute resolution; and WHEREAS, the ..,...otthe C.-,~ Bmnl ID modi()' ii replamd wlda a •ol ltaDdard8 whim llhauld -----9 ndaNeand eqdabletD~aad WHEREAS, the proposed amendments will provide for a more coat eff'ective method of resolvin, iuue1; and WHEREAS, the City manapment has met with the Enlflewood Employees A11ociation, Enclewood Fire Fichten ~tion and the En,lewood Police Benefit Association and have come to a tentative -,nement reprdin, the propoaed amendment,; and ..... • . .. I· • 0 , • • 0 • WHEREAS, the City IIIIUUtl(elDellt hu alllo met with employees not cownd by an MIOCiatioa, hu aone (M!I' the .-vpcwi chan&N with them and received their comments; and WHEREAS, the unions, City management and the Englewood City Council are of the opinion that it is in the best interest of all parties to have a mandatory arbitration process; and WHEREAS, the Career Service Board held a Public lfeariq OD the propowl chanps;and WHEREAS, modiftaltions haw been Dade to adopt the Career Service Bmrd'I recommendation1; and WHEREAS, thil propmal adoptl a bindiq artritradoa Jll'OCl!II while -intaininr the option al an election with recant to UDp8IR reeohmon; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sed;ion 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled general municipal election proposed amendments to the Charter of the City of Englewood . If Question No._, is approved by the registered electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article XV of the Home Rule Charter of the City of Englewood shall be amended by repealing and reenacting the following Sections 137:5, 137:6, 138:1, 138:4 and 138:5 as follows : 137:5 SUBJECTS FORCOLLEC'l1VE 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 (CONTRIBUTION LEVELS ONLY), OVER-TIME PAY FORMULAS, WORK UNIFORM PROVISIONS, ACTING PAY, LONGEVITY, TRANSFER PROCEDURE, PROCEDURES FOR SUSPENSION, DEMOTION AND DISCHARGE, AND EDUCATION INCENTIVES. THAT THE MAINTENANCE OF BENEFITS SHALL 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. • ...... "' - ' I . • 0 - 13'7:6 • • • ... (B) NON-NEGOTIABLE SUBJECTS. THE FOLLOWING SUBJECTS SHALL BE EXCLUDED FROM COLLECTIVE BARGAINING AS NON-NEGOTIABLE SUBJECTS OF BARGAINING: ANY SUBJECT PRE-EMPI'ED 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 BY CHARTER 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. IMPASSE RESOLtmON CA) IMPASSE IN THE EVENT THE PARTIES ARE UNABLE TO REACH AGREEMENT ON ALL MANDATORY SUBJECI'S TO BE CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT ON OR BEFORE JUNE 1ST 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 1ST. IF JULY 1ST 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. CB > APPOINTMENT OF ARBITRATOR THE CITY MANAGER AND THE EMPLOYEE ORGANIZATION WILL JOINTLY PRESENT TO THE CITY COUNCIL ON OR BEFORE JUNE 10TH THE NAMES OF THREE ARBITRATORS WHO HAVE EXPERIENCE IN LABOR RELATIONS MATTERS AND INTEREST ARBITRATION. FROM THAT LIST OP THREE, THE CITY COUNCIL WILL APPOINT ONE ARBITRATOR WHOM IT AUTHORIZES TO CONDUCT HEARINGS AND MAKE A DECISION ON THE PINAL OnBR TO BE IMPLEMENTED . THE ARBITRATOR SHALL BE APPOINTED NO LATER THAN JUNE 30TH . PRIOR TO THE· ' ' • . I . • 0 , • • 11'- • COMMENCEMENT OF HEARINGS, THE ARBITRATOR SHALL SIGN AN OATH TO UPHOLD THE TERMS OF THE CHARTER. CC) 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 FIVE (5) 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 DETERMINATION. 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 FIVE (5) CALENDAR 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 FIVE (15) CALENDAR 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 OUTSTANDING MANDATORY ECONOMIC SUBJECTS IN DISPUTE SHALL BE IMPLEMENTED. A COPY OF THI ARBITRATOR'S FINDINGS AND DECISION SHALL BE MAILBD OR OTHERWISE DELIVERED TO THE CERTIFIED EMPLOYEE ORGANIZATION AND THE CITY MANAGER. CD ) RECORD OF HEARINGS THE HEARINGS CONDUCTED BY THE ARBITRATOR SHALL BE RECORDED . ANY PARTY MAY REQUEST AN OFFICIAL STENOGRAPHIC RECORD OF THE TESTIMONY AT THI HEARING. THE PARTY REQUESTING SHALL PAY THE COST OF SUCH TRANSCRIPT. IF THE OTHER PARTY REQUESTS A COPY OF THE TRANSCRIPT OR IF THE ARBITRATOR REQUESTS A TRANSCRIPT, BOTH PARTIES SHALL SHARE THE ENTIRE COST OF MAKING THE STENOGRAPHIC RECORD. ' ..... .. •· • 0 , r I, 'J2 x l • • •, • (E l STANDARDS FOR DECISION THE FOLLOWING FACTORS MUST BE CONSIDERED BY THE ARBITRATOR IN ARRIVING AT A DECISION : (1) THE INTEREST AND WELFARE OF THE PUBUC 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 PUBUC EMPLOYMENT IN COMPARABLE COLORADO COMMUNITIES ; (5) THE COST OF UVING; (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 . <Fl 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 nNAL OFFER AS REQUIRED IN SECl'ION (A) AND SHALL STATE THE REASONS FOR CHOOSING SUCH FINAL OFFER. <G> FEES AND QPINSES Of' ARBITRATION ONE-HALF OF THE NECESSARY FEES AND NECBSSAllY 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 BORNE BY THE EMPLOYEE ORGANIZATION . <H> FINALITY OF THE ARBITRATOR'S DECISION (1) EXCEPT AS PROVIDED IN THIS CIIAPID, THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND ' . , .. I. • 0 •' \ I • • • 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 PRIOR TO THE PRINTING OF THE BAUOTS FOR THE ELECftON. (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 AFl'ER 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; (8) THE DECISION IS ARBITRARY, CAPRICIOUS, 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 USTED 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 MA'M'ER 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 WffHOUT CONSIDERING THE FACTORS LISTED IN PARAGRAPH E ABOVE, THE COURT SHALL REMAND THE ISSUB TO THE ARBITRATOR WITH INSTRUCTIONS TO TAKE NEW EVIDENCE IF NECESSARY AND TO ISSUB A DECISION IN CONFORMITY 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 . ,,,_ .. I . . 0 I • • 0 I~ • (, (I) THE PARTIES SHALL MEET WITHIN FIVE (5) CALENDAR DAYS OF THE RECEIPl' OF THE ARBITRATOR'S DECISION. IF EITHER PARTY IS DISSATISFIED WITH THE ARBITRATOR'S DECISION THAT PARTY MAY SUBMIT A WRITTEN N011CE OF DISSATISFACTION TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS OF THE RECEIPT OF THE ARBITRATOR'S DECISION. THE CITY COUNCIL SHALL SUBMIT A QUES110N TO THE REGIS'h!!RED ELECTORS OF 11IE CITY REGARDING THE IMPASSE AT THE NEXT GENERAL MUNICIPAL ELECTION. 11IE FINAL OFFERS OF THE CITY AND CERIDIED EMPLOYEE ORGANIZATION, WITH A N011CE OF THE ARBITRATOR'S DECISION SHALL BE SUBMlTl'ED AS ALTERNATIVE MEASUBES. 11IE REGIS'IERED ELECTORS OF THE CITY SHALL ELECT En'BER 11IE FINAL OFFER OF THE CITY OR THE FINAL OFFER OF 11IE CEkliFIED EMPLOYEE ORGANIZATION. THE FINAL OFFER RECEIVING THE HIGHEST NUMBER OF VOl'ES SHALL BE DEEMED APPROVED. ALL COSTS AND EXPENSDI OF THE ELECTION SHALL BE BORNE BY THE PARTY FILING A NOTICE OF DISSATISFACTION. sum nzs SHALL BE PLACm IN AN ESCROW ACCOUNT AT THE TIME OF 11IE CALL OF THE ELECTION. EACH ALTERNATIVE SINGLE MEASURE ON 11IE BALLOT SUBMITl'ED TO AN ELEC110N AS A RESULT OF AN EMPLOYEE IMPASSE SHALL INCLUDE A STATEMENT PREPARED BY THE CITY'S FINANCW.. DEPARTMENT STATING 11IE FINANCW.. IMPACT OF EACH ALTERNATIVE SINGLE MEASURE FOR 11IE NEXT ONE YEAR. NOTHING IN THIS CHAPl'ER SHALL PROBIBrr THE PARTIES FROM REACHING A SETn.EMENT PRIOR TO THE PRINTING OF THE BALLOTS FOR 11IE ELECTION. CAREERSEKVICESYS'IDI 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 ·CITY9), 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. ' .. I . • 0 I ! I:, 1 • . ' • {. 138:4 DUTIES AND POWERS OF 1HE CAREER SERVICE BOARD IJl:I (A) (8) THE BOARD SHALL HAVE THE FOLLOWING DUTIES AND POWERS : (A) TO GRANT EXCLUSIVE RECOGNITION TO AN EMPLOYEE ORGANIZATION TO REPRESENT FULL·TIME CLASSIFIED EMPLOYEES OF AN APPROPRIATE BARGAINING UNIT FOR PURPOSES OF COLLECTIVE BARGAINING. (8) TO ACT AS THE FINAL AUTHORITY WITH RESPECT TO APPROVING APPROPRIATE EMPLOYEE BARGAINING UNITS. CC) TO SUPERVISE ELECTIONS FOR SELECTION OR RETENTION OF CERTIFIED EMPLOYEE ORGANIZATIONS AND TO CERTIFY THE RESULTS OF SUCH ELECTIONS. (D) TO DECIDE CONTESTED MATTERS INVOLVING PETITIONS FOR SELECTION OR RETENTION OF A CERTIFIED EMPLOYEE ORGANIZATION AND PETITIONS FOR CLARIFICATION OR AMENDMENT OF AN EXISTING APPROPRIATE BARGAINING UNIT . COUNCIL SHALL ENACT APPROPRIATE ORDINANCES GOVERNING THE STANDARDS AND PROCEDURES WITH RESPECT TO ANY OF THE FOREGOING DUTIES AND POWERS OF THE BOARD. BEARINGS UNDER CAREERll!KYICE 8t81Di 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 AND MERIT APPEALS. 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. Scc;tjgn 2. Ballots for laid election 1hall carry the followinr deail"ation which 1hall be the 1ubmi11ion clauae: QUESTION NO. -- Shall the Home Rule Charter of the City of Enclewood be amended by repealinr Section, 137:5 -Subjects For Collective Barpininr, 137:6 - lmpa111e Reaolution, 138 :1 -Career Service Syatem, 138:4 -Duties And Powers OfThe Career Service Board and 138:5 -Effective Date -Vested Rifhtl of Article XV and reenactinr Section, 137:5 -Subjecta For Collective Barpininr, 137 :6 -lmpaue Rnolution, 138:1 -Career I . • 0 , xi ] TI • • • . ' /) - Service System, 138:4 -Duties And Powers Of The Career Service Board and 138 :5 -Hearings Under Career Service System; to modify the proc1!19 farDll'JI ........ with employee ll'OIIPW to provide far bindlns adlitndaaot-.,dadoa impa-and ton6rtbepoweneanmdy ewdwd bytbe CanerService Board to Beulnaromc.. aeleeted • providedby~fartbePD"pmeotredaeiqcomand iJdrodudDc addltioaal apmtiae in employment ....... wbDe preamwlCtbeinlpaNe~don detmminadoa bya ,.....ottbe dtbena? YES NO 5cctioo 3. Each elector votinc at the election and desiroua of votinc for or qain•t the amendment shall indicate the elector's choice by depre•inc the appropriate counter of the votinc machine which indicatea the word "YES" or the word "NO: or by appropriate marking upon paper ballota when uaed. ·--~·---- SectiPD f The proper official• of the City of Englewood shall cive notice of uid pneral municipal election, such notice shall be published in the manner and for the lencth of time required by law, and the ballots cast at 1uch election shall be canvauecl and the ruult ucertained, determined, and certified a1 required by law. Sec;gign 5. If any section, paragraph, clause, or other portion of this ordinance i1 for any reuon held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaininc portions of this ordinance. Introduced. read in full, and puaed on first readinc on the 17th day of July, 1996. Publiahed u a Bill for an Ordinance on the 20th day of July, 1995. ATTEST : '111omu J. Burns, Mayor Loucri1hia A. Ellis, City Clerk I, Loucrilhia A. Ellis, City Clerk of the City of En,lewoocl, Colorado, hereby certify that the above and forecoinc i1 a true copy of a Bill for an Ordinance, introduced, read in full, and puled on first readinc on the 17th day of July, 1995. Low:riahia A. Ellia • I. • 0 I • • • ,, - 0 I • • -. /. &u~~ 12.'frl d, ~ -·-----==~ 3 ~7}~-==--- -i & fd ·. --_-__ _ • .... 5": a . te, 7Ms ~ /~ ~L~?-V . - I . . • • ... . - • 0 • '' I • ,, - ( . ' I . . 0 ' ' ..... . 'r - • 0 • l . ' _____ -I I • t • • I· • 0 I ! I • I . -. • 0 -l . . I ... .. (§J t rr,.,t-N ~ .... -"~/,, ~~~~ : ;)fff~~~ ~-~ • • 0 • • • • . - • 0 I • - ,,_--- ' ' . ' ' ' .. I . . 0 , . . - ) • 0 - " . I • • I . • 0 ' • • _____ ! • • ,. • .. AUGUST 7, 1995 REGULAR CITY COUNCIL MEETING (PH-SOUTH DENVER MEDICAL PLAZA PLANNED DEVELOPMENT) ~~ '' ' ' . . ' • .. I . . 0 '32xl