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Home My WebLink About1988-12-12 (Regular) Meeting Agenda• • • Rescheduled Regular Meeting December 12, 1988 • 0 • • 0 0 I ' I I • I . - 1. Call to Order • • • EIIILEWOOD CITY COUIICIL EIIILEWOOD, ARAPAHOE CCUITY, COLORADO Regular Session Dec:lllber 12, 1988 The regular .. eting of the Engl~od City Council was called to order by Mayor Van Dyke at 7:30 P·•· 2. Invocation The invocation was given by Council Me.ber Koltay. 3. Plecltt of Alletiance The Pledge of Allegiance was led by Mayor Van Dyke . 4 . Roll Call Present : Council "--bers Hathaway , Koltay, Kozacek, Byrne, Habenicht, Van Dyke Absent: A quoru. was present . A 1 so present : 5. lltnutes CGUICIL 1111111'£5 OF Council r Clayton Ac:tt, Ctty Man City ttorney Ci ty Clt Crow Cl SKI.[D, TO 8 , I -• • • Englewood City Council Dec•ber 12, lt88 -Page 2 RESOLUTION NO. 80, SERIES OF I988 A RESOLUTION COtltENDING DAVID SEYMOUR FOR HIS HEROIC ACT IN SAVING A CHILD FROM DROWNING IN CENTENNIAL LAKE. CCUICJL 11010 lOZACEI ROVED, CCUICJL lOBER HATHAWAY SECoti)ED, TO APPROVE lESOLUTJOII 110. 80, SERIES OF lt88. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, 8yrne , Habenicht, Van Dyke Nays: None Abstain: None Absent: Council Metlber Clayton Motion carried. The original resolution, after being signed by the Mayor, will be delivered to Mr . Se~ur. (b) Dr. Michael Asplin of First Chiropractic, located In Englewood, requested Council's support and participation in a national food drive progra. entitled "First Food Fight" which Is being co-sponsored by First Chiropractic, Greater Englewood Cha.ber of Co..erce, and Burt Toyota. He requested the as - sistance of the Pollee Oepart .. nt on the day of the parade, at which tf .. the food, toys and clothing will be collected along South Broadway, and also as - sistance during the neighborhood canvasst,. He explained that all of the proceeds will be donated to the Salvation ,..y on Oeclllber 23rd. Mayor Van Dyke expressed Council's willingness to support this project. CCUICJL .... IIATIWIAY IIOVED, CGUICIL .._. UZACEI sm.m, TO ••• FOI- MMD MDmA ITEII 1(.) -A PIOCUMTI. IELATift TO TilE •FJUT Fo. Flllfr. • ~es: Council .....,_rs Koltay, Hathaway, Kozacek, Byrne, Nays : Habenicht, Van Dyke None Abstain: None Absent : Motion carried . Council "-ber Clayton COUIICIL DK oll (c) (d ) ( ) NATIWIAY IIOVED, COUIICIL UZACII sm.m, TO PIOCLAIN 'IW ..... u, ••· AS •nm ro. Flllfr. • Council rs Kolt'.J , Hat y , oz ce , By H l cht , Va11 Oy r Cl , Englewood City Council Dece.ber 12, 1g88 -Page 3 • • • Developmental Pathways, Inc., 773 E. Kenyon Avenue. Chief Broman enu.arated the efforts made by these companies toward fire safety amongst their e~~~ployees and at their business locations and expressed ap - preciation on behalf of the Fire Department. 7. Non-scheduled Visitors (a) Willia. Haidon, 4685 South logan Street, presented Council with infor.ation about a proble. he was having with the Building Oepart .. nt, staff of Com.unity Oevelo~nt, and the Board of Adjust .. nt and Appeals, relative to a roofing license. He suggested that Council is not fully aware of decisions made at the adRinistrative level. As a result of his proble.s, he asked Coun - cil to •ake certain he was provided with the following: 1. Report fro. Appeals Board fro. the .. eting of Nove.ber 9, 1988. 2. Final inspection report of the last shingle job done by Mr . Haidon . He explained that Mr . Yoder, Building Division , had refused to pro -vide hi• with a copy. 3. He requested a follow-up of an official co.phlnt he had ude to Mr . Vargas concerning harass .. nt fro. the Building Division Inspec - tors, stating he did not feel Mr . Vargas had pursued the •atter . He provided Council with a copy of that co.platnt. He advised Council that tn his opinion Mr . Yoder is less than truthful which wfll prove unfortunate for the Ctty and cost the City considerable .,ney in the future . He also advised Council that at sa.. future tt .. , he would like to discuss the subject of •selective code enforc ... nt .• Mr . Haldoft wu of the opfnfon that the State Constitution, the let shtive dlvhton, executfv dtvtston, and judicial division all guarant that Mr . Yoder cannot d ny hi• hts ltc nse . felt his t stt-ony had ignored . Furth r discuss on ensued . Mr . Ha don was advised the uterhh had re - qu sted wtll provided, nd tha h should u arr nts throug th City Man g r ' o f c to add s s Coun 11 In th futu . t ) Englewood City Council Dec:•ber 12, 1!188 -Page 4 • • • the entire labor relations system as a whole, not to isolate one paragraph based on complaints. She was of a strong opinion that to unanimously approve Council Bill No. 44 would show Council's support regarding the issue of modification of discipline. Council Me.ber Habenicht stated her reasons for supporting this ordinance and Charter a.end.ent, explaining there is a percep - tion in the ca..unity that the 11atter was not clarified at the ti.e of the last Charter a.end.ents (March, 1981 election). Ms. Habenicht felt the issue should be cleared up and decided by the voters. Ms. Keena stated that to put this question on the ballot voluntarily would separate unage.ent fr011 ... ployees and would be divisive and cause uny probl .. s for the new City Manager. (c) Michael Gruninger, President of Englewood Firefighters Association (EFFA), addressed Council concerning Ms . Keena 's ca..ents. He disputed so.e of the stat ... nts ude by Ms. Keena. He was of the fir. opinion that changing the Charter to allow Career Service Board to .adify disciplinary action would benefit and unite the City and •will give every a.ployee, every unager, and everybody on this Council an even shake.• He further infonlld Council that if Council Bill No . 44 is voted down, the utter will go to a special election . (d) Gordon Madonna , President of Englewood Police Benefit Assoc i ation (EPBA), infonlld Council and Ms . Keena that all three unions (EPBA, EFFA, and EEA) are united behind the proposed Charter change . He further stated that all three unions wre of the sa.t opinion -they had been •tsled and they want the utter rectified . 8 . c-.ntcettOM 1M PNc1-ttons (a) CIUIICIL ._. UZM:Il -.&, CIUIICIL .... ..,_ su.D, TO ACCDt STUIID I • ._, S LmD OF IUI_TI_ AS A .... OF T11E IMIEWII) ~~---·· C.ISSI •• Ayes : COUIICil rs ltolt~. Hlth-.y, Kozacek, Iyme, Hlbenicht, Van Dyke ~s : Abstain : Abstftt : tion ctr'r ed. M n soh, ad T • (b) '· ( , f l l(b) ,.. iftg • , • TO ACCtPf ) I • • • • Englewood City Council Dec .. ber 12, 1988 -Page 5 Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Van Dyke None None Council Member Clayton COUNCIL NOllER lOLUY NOVm, COUNCIL NOllER HABENICHT SECOII)m, TO WITHDIAII AlomA ITEN I( f) FRON THE CONSENT AIEJI)A TO IE ACTm UPOII SEPARATELY. Ayes: Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht, Van Dyke Nays: None Abstain: None Council KeRber Clayton Absent: Motion carried. (f) Council Me.ber Kozacek requested that Council Bill No. 44 , intro - duced by Council Meaber Clayton, be assigned a nu.ber and read by title: ORDINANCE NO. 40, SERIES OF 1988 AN ORDINANCE SU .. ITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON NOV£MBER 7, 1989, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOL - LOWS: ALLOW THE CAREER SERVICE BOARD TO MODIFY THE DECISION OF THE CITY MAN - AGER ON CLASSIFIED EMPLOYEE DISCIPLINE, BY AMENDING SECTION 138.4 (h) OF ARTI -CLE XV, OF THE HONE RULE CHARTER . ~IL ._. UUCEl IMED, CGUIItll .... IIAIUIJCHJ ~.TO APN01t •IIMIIC( •· to, SUUS Of 1•. Discussion ensued. Council "-ber loltay expressed hh support of Ordinance No . 40, stating the .. uer should bt ,...solved. He was confident the new Ctty Man19tr was awa,... of this Issue and would be willing to work toward resolving the issue. Council "'-Dtr Habenicht concurred with Nr . Koltay. Mtyor Van Dyke stated she would be unable to support passage of Ordinance No. 40, explaining that she felt It should bet people o should bring this Issue to ballot, not Council; also, that th lssu could be studied further after th n City nager h on board . Coun n r ouc stattd the .. u r should be dtttdtd by the ple bu tn 11 t o h Ct y's fin nclal s 1 us. It hould be t th el t n, no 111 1 c o , Englewood City Council Dec8Mber 12, 1988 -Page 6 • • • (d) Ordinance No. 41, Series of 1988, introduced by Council Member Byrne, entitled: AN ORDINANCE APPROVING THE lEASE OF REAl PROPERTY BETWEEN THE ENGLEWOOD URBAN RENEWAl AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO, FOR PROPERTY IN THE 3400 BLOCK OF SOUTH ACOMA. (e) Ordinance No. 42, Series of 1988, introduced by Council Metlber Habenicht, entitled: AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD PUBLIC liBRARY AND THE ARAPAHOE liBRARY DISTRICT TO PROVIDE liBRARY SERVICES FOR RESIDENTS OF BOTH JURISDICTIONS. Ayes: Council Metlbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays : None Abstain : None Absent: Motion carried . Council Metlber Clayton 10 . Public Hearlnt No public hearing was scheduled . 11. Ordinances, IHolutlons and llotlons (a) Acttng City Man•r Vargas presented a rec~ation fro. the De - part .. nt of Ca..unity Develop-.nt to adopt a Bill for an Ordinance approving an ... nct.ent to tha 19r .... nt bet n tha City of EnglftiOOd and the EnglftiOOd Housing Authority . The ord i nance also allows the transfer of S190,000 to the Englewood Housing A&lthortty for adlinhtratton of the Housing Rehabilitation Progr•. Mr . Vargas elCphined that the Sl90,000 was the result of grant .antes fro. the Ca..untty Develop-.nt Block Grant . COUNCIL Bi l l NO . 47, INTRODUCED BY COUNCIL ER KOZACEK , WAS READ BY TIT LE: lOUAY , Hath OJ 'I I Englewood City Council Dec•ber 12, 1988 -Page 7 • • • Mot ion carried. Council Metllber Kozacek expressed appreciation on behalf of the Englewood Housing Authority for Council's continued support. Council Mem - ber Koltay asked that additional infon~ation be provided about the various projects of the Housing Rehabilitation Program relative to the loans, etc . (b) Acting City Manager Vargas presented a recomMendation to adopt four separate Resolutions approving a 1989 wage increase for Managerial, Superviso - ry and Confidential e~~ployees. He explained that a 1. 751 wage increase for 1989 was being proposed for this group of employees. He further explained that the General Service and Confidential Employees had pledged participation in a volunteer f urlough progra. which would offset the increase. The Resolutions were assigned a n~r and read by title: RESOLUTION NO. 81, SERIES OF 1988 A RESOLUTION APPROVING A COMPENSATION PLAit SYSTEM FOR GENERAL SERVICES MAN · AGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY OF ENGLEWOOD . COUIICIL ....U HAIOIICHT IIIOVED, COUIICIL ... (l HATHAIMY SECCIIIDED, TO APt'ROVE lESOLUTIOII 110. 11, SERIES OF ltll. Ayes: Council Melbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays : None Abstain : None Absent : CouncH ....,.r Clayton Motion carried. Counctl .....,.r Habetllcht expressed appreciation for the sup · port of the tiiiPlOY"S tn recovntthw~ the current bucl9tt cOftstratnts . RESOlUTION NO. az, SERIES OF ltel A R sot.UT I Olt APPR0Y I A C0MP£NSA TIOit PlM SYST fOI OYEES Of TH C lTV Of ENGLOIOOO POLICE O£PAR NT . CGUIICIL UWB IMD. CGUIICIL lfsot.U1'JOII 110. a. SOlES OF 1-. Ay s : Cou ell -.~·s H c t 1 lta • uc • y Cl t Oft , -• • • Englewood C1ty Council Dec:•ber 12, 1988 -Page 8 Nays: Abstain: Absent: Motion carried. None None Council Member Clayton RESOLUTION NO. 84, SERIES OF 1988 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL AND SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1989. COUNCIL _,.£1 lOLTAY ROVED, COUNCIL ... £1 lOZACEIC SECONDED, TO APPROVE RESOLUTIOII 10. 34, SOlES OF 1981. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays: None Abstain: None Absent: Motion carried. Council ~r Clayton (c) Acting City Manager Vargas presented a reco.endatlon for Council to approve an Addendu. to the 1988 -1989 -1990 Collective Bargaining Contract between the City and Englewood Pollee Benefit Association (EPBA). Mr . Vargas advised Council that the wage adjust .. nt would call for a 2.41S Increase for the year 1989 . The Resolution was assigned a nu.ber and read by title : RESOLUTION NO . 85, SERIES Of I- A RESOLUTION APPROVING AN ADOEIOit TO THE 1988 -89 -90 COLLECTIVE BARCiAIIUIIi CONTRACT BY All) BETVEEN THE CITY Of ENGLEWOOD, COLORADO, All) TH ENGLEWOOD POLICE BENEFIT ASSOCIATION , EFFECTIVE JMUARY l, 1989 TlRJUCiH DECEMBER 31, 1989 . COUIICIL ...U UZKEIC 10¥0, COUIICIL I£SOI.UTIOII 10. II, S£11(5 Of 1-. Aye s: Coun 11 r Ka nlc t, Van Oy " Cl ULTAY , Hat y , lozace , ly~. I • • • Englewood City Council Dec•ber 12, 1988 -Page 9 A RESOLUTION APPROVING AN ADDENDUM TO THE 1988-89-90 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIREFIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. COUNCIL MEMBER HATHAIIAY MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE RESOLUTION NO. 86, SERIES OF 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays: None Abstain: None Absent: Council Melber Clayton Motion carried. (e) Acting City Manager Vargas presented a reca.endation for Council to approve an Addend1111 to the 1988 -1989 -1990 Collective Bargaining Contract between the City and Englewood E~~ployees Association (EEA). Mr. Vargas ad - vised Council that the wage adjust .. nt would call for a 1.751 increase for the year 1989 . The Resolution was assigned a nu.ber and read by title: RESOLUTION NO. 87, SERIES Of 1988 A RESOLUTION APPROVING AN ADDENDUM TO THE 1988 -89-90 COLLECTIVE BARGAINING CONTRACT BY MD BETVEEN THE CITY Of ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION , EFFECTIVE JANUARY I, 1989 THROUGH DECEMBER 31, 1989 . CGUIICIL .... ULTAY .wED, CGUIICIL ._. lOUCEI su.IID, TO APftOVE HSOUITJ ••• 17, SOlD Of 1-. Ayes: Counctl Mellbers Kolt~. Hathaway, Kozactk, Byrne, Habenicht, Van Dyke Nays : Abstain : Abs nt : l on carried. Council r ClaytOfl I - • Englewood City Council December 12, 1g88 -Page 10 • • • COUNCIL MOllER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECOII)EO, TO APPROVE RESOLUTION NO. 88, SERIES OF 1988. Ayes: Council Me~rs Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays: None Abstain: None Absent: Council ~r Clayton Motion curied. It wu 11entioned that Woody 's Club would be a full -service restaurant, open for breakfast, lunch and dinner, and it wu hoped that citizens of our ca..unity would enjoy this service . 12 . City Manager's Report Mr . Vargas did not have any matters to bring before Council . 13. City Attorney's Report Mr . DeWitt requested that Mayor Van Dyke sign Resolution No. 88 so that a signed copy of the docu.ent could be pre se nted to the City of Sheridan in con- nection with the application of Anderson -Ma lloy, Inc . for a liquor license at the Englewood Mun icipal Golf Course Clubhouse. 14. leneral Discussion (a) Ma~or's Choice MYOI VM DYU IIMD, COUIICIL .,_. IICIUCB SU..U, TO ae.E Till DATE Of Till U:IUI.AII&TI. Of .MIIIUY I, lilt TO .wiiMY 3, lilt. ~es: Council Mlllbers Kolhy, Hathawa~. IC.oucek, Byrne, N11s : Abstain: Abs nt: Motion carried. (b) councn olu Habenicht, Van Dyke None None Council r's Cholc 1 r Clayton of • , • • • Englewood City Council Dec•ber 12, 1988 -Page 11 Abstain: None Absent: Motion carried. Council Member Clayton RESOLUTION NO. 90, SERIES OF 1988 RESOLUTION RECOMMENDING THE APPOINTMENT OF DONALD FULLERTON TO THE STATE WATER QUALITY CONTROL CCIIUSSION BY GOVERNOR OF THE STATE OF COLORADO, ROY ROMER. CCUI:IL ... EI HAllWIAY MOVED, CCUI:IL IOIEI ltOZACEl SECOII)ED, TO APPROVE lESOLUTIOII MO. 10, SEIIES OF 1188. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays: None Abstain: None Council Me.ber Clayton Absent: Motion carried. (iii) A Resolution concerning appotnt .. nt of Ctty Manager was as - signed a nUiber and read by tttle . RESOLUTION NO. 91, SERIES OF 1988 RESOLUTION APPOINTING ROGER FRASER AS CITY MWiER FOR THE CITY Of ENGLEWOOD, COLORADO, AND FIXING HIS SALARY FOR THE YEAR 1919 . MYOl VM DYU. IIMD, CGIII:IL ._. UUCEK SEC..U, TO AlfJIOft IESOI.UJIOII II). tl, SOUS OF ••· Before call lng for the vote , Mayor Van Dyke entered tnto the ,-.cord a prepared stat..,.t relative to the hiring of the new Ctty Manager , a s follows : •The selection proc ss for htrtng a n Ci ty Manager ha s al'duou . , • • • Englewood City Council Dec .. ber 12, 1988 -Page 12 and unique aCCOIIIPlhh.ents which would have inevitable benefit to the City of Englewood. "Selection of the final one person to offer the position to was .ost dif- ficult. As varied as our individual personalities are in the •ake -up of this Council, I think l can safely say that each of us had a different idea of which candidate would do the best job . Therefore, selection of our new City •anager, Mr . Roger Fraser, was the result of an agreed upon consensus. "l .. looking forward with great anticipation to the opportunity to work with Mr. Fraser . l .. confident that he will indeed bring a great deal of expertise to this City and provide leadership and .. nage.ent skills to all, which will lead to i~nding and long lasting acco.plishllents . "I feel that this City and its seven ..-bar Council holds a deep debt of gratitude to Acttng City Manager Peter Vargas . He boldly accepted the challenge of Acting City Manager and without hesitation addressed every concern put before ht• by this Council. He instilled several new .. nage - .. nt innovations during his seven .onth internship, and reinstituted the Insider and the weekly Council newsletter, two very successful internal ca..untques. W have gained MUCh by hts efforts, personally and collec - tively as he was indeed the .agnet which has carried the Ctty forward during thts difficult tt• of transition of .. n~gers. Peter In -.y opinion Is an excellent Ctty .. naver. Selfishly, l hope he stay s on in Englwood, because he can continue to be a very c011petent contributor In the Assistant Man.ge r 's role. ...,_ver, *" and tf he chooses to •v• on, l can only 1"'e ht• ~ best, because he lmdoubtedly h capable of •tng a full · ltdged Ctty lllft..,er In hh o. right. • Ma or V n Oy e conchlded by th n lng do It without you .• Counc11 al . Vargu stat ng, • couldn 't hav record a prepared stat nt : Coun · In t • I . • • • Englewood City Council o.c:.-.r 12, 1988 -Page 13 City Council during a tiM when five lletlbers were new to Council. His quiet, positive approach is ca..endable. Thank you, Peter." Vote results concerning Resolution No. 91, Series of 1988: Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Van Dyke Nays: None Abstain: None Absent: Council Me.ber Clayton Motion carried. Mayor Van Dyke announced that Mr. Fraser would ass1111e the position of City Manager on January 16, 1989, at an established annual salary of $68,000. (tv) A proposed Resolution establishing annual salaries for the Municipal Court Judge and Associate Judges for 1989 was considered. After discussion, COUIICIL ._. uzaaJt IIDVED, COUIICIL ._. ULTAY SEC.U, TO TAILE A1UeA ITO 14 (~) (tv) FOI FUITID SlUDY. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne , Habenicht, Van Dyke None "-1s : Abstain: None Council Mlllber Clayton Absent: Motion carrt ed. 15.~ CIUIICIL _. UUCB .... TO •••• The .. ttng adjourned at 9:05 p.•. I . . • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL 1. Call to order. 1 ,?. DECEMBER 12, 1988 7:30 P.M. 2. Invocation. 3. ... 5. Pledge ot allec)iance. [ a ,.._ 4 Roll call • Minute•. J (!/ ttAj -lc 1 I tt-fc.v- fo'O· (a) Minute• of the rec;u ar ... tinq of. Novellber 21, 1911. ~jAC'c. I ,8.-t~ 6. Pre-Scheclulecl Vbiton. (Plea .. liait your pre•entation to ten ainutu.) ·u.t.r / (a) \ llr. David aeyaour will be pr.eent to aocept a ~ncla tion for bia heroic actiona in vinq a cbild troa drownint in centennial tau. u ,. 1 (b) Dr. Michael Aaplin of Firat Chiropractic will be preaent to encoura.,_ participation in the •rirat rooc1 PiCJht• tro. llov-.ber 25 tbnNIJh Dec-.ber 22, ltll. (c) otbera will be pre .. nt to diacua• the parkinq dtne on tbe :noo block of lou (d) Mr. Pbill p W ro, 3115 1. rox t , ancl oth•r• 11 be pr ... n to diacuaa tbe propoeed c:han9ea on l'ox Str .. t. /. r I . • • • Page 2 Deceaber 12, 1988 City Council Agenda 8.~ co .. unicationa and Procl ... tiona. ct ~-O (a) Letter froa Stephen Hanaon regarding hia re,Jgnation froa the Planninq Ccmaiaaion. ~ ~ c._/.--r ~ (b) Procl ... tion declaring Deceaber 17-23, 1918, aa the Pirat Pood Fight in Englewood. 9. Conaent Agenda. Accept (a) Minute• of the Englewood Urban Renewal Authority Meeting 1 of Hovaber 2, ltll. ' (b) Minutu of the Career Service Board Meetinq of Septeaber v 15, ltll. (c) (f) Minute• of the Planninq and loning Co.aiaaion Meeting of Hova.ber 15, ltll. q r , (/ rt ~ • : 1. t:NI <-'/''' ..c;tt -* ell Ordinance..autboriainq a City/UM Leaae for a 11\micipal Parltinq r.ot on the ... t aida of the 3400 block of South ao... ~I./ :A Ordi~appr"OVincl an avrawant between the City of bll..oocr ·.w.uc Llltrary and the Arapaboe Library Dia- trict to pr"OVicla Library .. rvioe for reeidanta of both juriadictiona. Ordi .... ..J. ittlat to a YOU of the qualifiad electon of ~~j of lft9lewood, at the regular .unicipal elec- tion to be bel4 on ~~ov.-ar 7, ltlt, PrGIIoeed. a.ndMnt to the Cbarter of City of Knglewoad, aa follow.: Allow the career .. rvi ~n to 11041ty the 4ecia1on of the City ..,..,.r on claaa itied loyee 41ae1pline, by i.nt teet ion Ul. 4 (h) of ole XV, of the H le rter. :L' ' 10. Public I . . • - Page 3 December 12, 1988 City Council Agenda 11. Ordinance•, Re•olution• and Motion•. • • • J (a) Reco-endation froa the Departaent of Co.-unity Develop- ~~0 aent to adopt a Bill for an Ordinance approving an a_~'\ 1.9 •• ~_.~· aaendllent to the agre..ant between the City of Englewood V --~~~ and the Englewood Hou•ing Authority and granting C ~q'P" (; .:JI $190, 000 for ada}ni•tra~ion of the Hou•ing Rehabili ta-l'!){ ~P:~ tion Progr ... -!-:.'(]~t.-c..t...lv ;k'd"t~ t~~(~ Rec~endation troa the City Manager to adopt a Re•olu-~~ AD tion approving a 1989 wage increa .. for Managerial, lP Supervbory, and confidential eaployee•. (c) Rec~tion froa the City Manager for council to ap- u~ prove an Addendua to the 1188-1989-1990 Collective Bar- ty#'\ y 0 gaining Contract between the City of EncJlevood an th' ~ 01'>; lP Englewood Police Benefit A .. ociation. ~ a / "dt ~~(£,_ ~d) R~tion froa the City Manager for Council to ap- v prove an Addendua to the 1988-1989-1990 Collective Bar- gaining Contract between the City of Englewood and the Englewood Fire Pigbtera b•ociation. f./a I tw "'*'I I ~""'l v1 (e) ~tion traa the city Manager for council t o ap- ~.;~.. prove an Addendua to 1188-1181-1990 Collective Bargain- ~ v ing Contract between the City of Jn9lewood and the En- (f) ~7 . glevoocl -loy ... Aaeociation. A-ff~y I ~tion rna the .. n. and a.creation Depa.rtaent to adopt a aaaolution approviat the Golf CcNrM ... - taurent COfieeeeionalre .. r11r at between the City of &nglewood and Aadereon-llalloy , tnc. (MoodJ'• Clu) • ., .. r~'t 1). City Attorney•e laport • ., t )·A u. ion. I - ( • • • Page 4 Deceaber 12, 1988 City council Agenda Reaolution reca.aending the appointaent of Beverly J. Bradahav to the State Job Training Coordinating council by the Governor of the state of Colorado, Roy aoaer. ~Uj ~,_a_h Reeolution ~ing the appointaent of Donald FUllerton to the state Water Quality Control coa- aiaaion by AoYefftor of th~J~~~~.o1 9o1orado, Roy aa.ar. YJ '-Cit~~~ Reeolution appointing Roger Fraaer aa City Manager for the City of Bngl.vood, Colo_ljado.J,.~pd fixing 1 , bia Alary for the year 1919. 7/tt-H '--1/!c fr~ tf!-/ Reeolution eatabliabing annual aalariea for the Municipal Court Jud9e and Aaaociate Judge• for the calendar year 1919. 15. Adjournaent. ~.t&r-- Acting City~98r PRY/lab • I . . 1 . tall to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session llov...,.r 21, 1988 The regular .eeting of the Englewood Ci ty Council was called to order by Mayor Van Dyke at 7:35 p .m. z. Invocation The Invo cat ion was given by Council Member Koltay . 3 . Pledfl of Al legiance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . loll Call Present: Council ~rs Hat hawa y, Koltay, Koz ace k, Byrne, Habenicht, Clayton, Van Dyke Absent: None A quorua was pres nt . Also pr sent : S. IUNrtes Acting City Manager Vargas Assistant City Attorney Grt .. City Cl rk Crow 0 r ctor fonda, Utillttes 0 r ctor uhn, Parks and Recreation su•a. to ll( • ly • I . Englewood City Council Minutes Nov .. ber 21, 1988 -Page 2 7. Non-scheduled Visitors • • • (a) Officer Michael Swan, Vice President of Englewood Pol ice Benefit Association (EPBA), informed Council that EPBA had filed necessary documents for Charter changes and were circulating petitions and that those petitions call for a Special Election. He wanted Council to be aware of this action in light of the proposed ordinance (Agenda Item ll(c)) which addresses the matter of the Career Service Board's authority to modify disciplinary actions. He confirmed that the petitions being circulated calls for two charter changes, one concerning the Authority of CSB and the other regarding civil ian em- ployees. Mr. Vargas advised Officer Swan that Council had been advised of EPBA's intent to circul•te petitions. Agenda Item 1l(c) would not interfere in any way with the Association's ability to petition for initiative action. It was explained that Council didn't wish to burden the citizens with the costs of a special election and, therefore, wanted to schedule the question of CSB's authority at a regular election. Officer Swan reiterated the position of EPBA concerning the civilian employees of the Pollee Departeent, and stated if sufficient signatures are obtained on the petitions, this would also call for a special election. Council Member Kozacek stated he was In favor of both changes being addres sed by the citizens, but he Wls hopeful both issues could be addressed at the regular election. (b) Firefighter Michael Cruninger, President of Englewood Firefighters Association (EFFA), stated that £FFA supported EPBA on the two proposed charter changes and suggested that both Issues could be addressed by Council at the regular election to save the costs of a special election. Mr . Grunlnger explained that the £PBA and the EFFA feel a responslb111ty to civil hn employees of th Pol ic Depart~~ent to help th• get the representa · tlon they are entitled to. Mr. V1rgas Interjected that those e~~ployee ar represented by th g n ral ser ices association (EEA) so they do have .-.p - res nhtlon; by Char r, all loy es are r presented durl119 coll c I e bar - gaining sessions whe h r they are rs of a part cular assoc at on or not Mr . Grunlnger wa s a sur d that th r could be se eral oth r It propos y Council to b fnclu d on th 1989 1 ctfon ballot . " c I • • • Englewood City Council Minutes Nov .. ber 21, 1988 -Page 3 9. Consent Agenda COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER BYRNE SECONDED, TO ACCEPT CON- SENT AGENDA ITEMS 9 (a) THROUGH (d): (a) Minutes of the Housing Authority meeting of Sept~r Zl , 1988. (b) Minutes of the Parks and Recreation Co..ission .aetings of October 13 and November 10, 1988 . (c) Minutes of the Englewood Downtown Oevelo~nt Authority .eetings of October 12 and November 9, 1988. (d) Minutes of the Englewood liquor licensing Authority .eetlng of November 16, 1988. Ayes : Nay s: Ab stain: Absent : Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None Motion carried . CCUI:IL MOlER CLAYTON MOVED, COUNCIL MOlER HATHAWAY S£CCII)ED, TO APPIOYE CCIISOIT MODA ITEMS 9 (e) TlltOU&H (h): (e) Ordinance No . 36, Series of 1988, introduced by Council Mellber Hathaway, entitled: AN ORDINANCE CREATING PAVING DISTRICT NO . 33 IN THE CITY OF ENGLE - WOOD, COLORADO, ORDERING THE CCIISTRUCTI«<t All) IMSTAL.LATJ(It OF STREET PAVING, CURB AND GUnER All) SIOOMLK llii'ROVDOTS, TOC£TMER WITH NECESSARY INCIDENTALS; PIOVIDING FOR THE ISSUAICE OF BOlDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH Ont£R D£TAILS IN C ECTION WITH TH DISTRICT . (f) Ord nanc o. 37, S ries of 1•. introduced by Council r ozace , n I l d : ( ) ( ) T BUOCET OF THE CITY OF l 89 . 0 0 , tntrod EWOOD, COLORA · r b c r I . Englewood City Council Minutes Nov .. ber 21, 1988 -Page 4 • • • AN ORDINANCE APPROVING THE ANNEXATION OF THE PROPERTY DESCRIBED IN SUPPLEMENT NO. 113 TO THE SOUTHGATE SANITATION DISTRICT'S CONNEC - TOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THEIR DISTRICT BOUNDARIES. Ayes: N1ys: Council Members Kolt1y, H1thaw1y, Koz1cek, Byrne , H1benicht, Cl1yton, Y1n Dyke None Abshin : None Absent : Motion curled. None 10. Public Hearing No public he1ring was scheduled. 11. Ordinances, Resolutions and Motions (a) Acting C ty Manager V1rgas presented a reca..endatton fro. the En - gle.ood Urban Renewal Authority (EURA) to approve a Bill for an Ordinance au - thorizing a City/EURA lease for a .,nicipal parking lot on the east side of the 3400 block of South Aco.a . Mr . Vargas explained that the lease fee to the City is S1 per year for the three -year agree.ent, renewable on an annual basis after the initial third year. COUNCil Bill NO. 42, INTRODUCED B COUNCil MBER BYRNE, WAS READ BY TITLE : A Bill FOR AN ORO! E APPROVI TH lEAS£ Of REAL PIOP£RTY B£TVE£N THE £ • 'lEWOO URBAN RENE Al AUTHORIT THE CITY Of E l[WOOO, COlORADO, fOR PftOp . ERTY IN THE 3400 BlOC 0 SOUTH AC ol ta , Hath ay , OZIC , n, Van Oy I . Englewood City Council Minutes Nov..oer 21, 1988 -Page 5 • • • COUNCIL NOllER HABENICHT NOVED, COUNCIL NEMER CLAYTOII SECONDED, PASSA&E OF COUNCIL BILL NO. 43, SERIES OF 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Nays: Habenicht, Clayton, Van Dyke None Abstain: None None Absent: Matton carrted . (c) Acting City Manager Vargas, tn response to previous dtrectton of Counc t1 , presented a Bill for an Drd t nance spec t fyt ng 1 proposed Charter ._ndlllnt which would allow the Career Service Board (CSB) to .adify ad - •intstrative disciplinary decisions, satd ~t to be su~ttted to qualtfted electors at the regular .untcipal election scheduled for Nove.ber 7, 1989. COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER CLAYTON, WAS READ BY TITLE : A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUAliFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT THE REGULAR MUNICIPAL ELECTIOII TO BE HELD 011 NOVEMBER 7, 1989 , PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGL£WOOO, AS FOLLOWS: AllOW THE CAREER SERVICE 10MD TO QIFY THE DECISIOII OF THE CITY MIACER 011 CLASSIFIED EMPLOYEE DISCIPlUIE, BY MEIIHNCi SECTION 131.4 (H) OF ARTICLE XV, OF THE HOME RULE CHARTER. CUICIL -.a CLAYTOII IIWED, CCUICIL .._. IIMOIICHT sue-., MSUK OF CCUICIL IIU •• 44, SERIES OF lMI. CGIIICIL .._. IOZACO. IIWED TO .... CGIIICIL IIU •• 44, SDIU OF 1-. 1Y -· A •sun• 4 " TO ALLOM.., --~ '1111 liM Tl .-11 '1111 .... AT '111111 M FlU MILL. CCKiftCtl r ouce e ph ned the pvrpose of the t . In order to open the Ntt r for disCUSSIOn, MY. VAl DYit( 'IIIIIIITI. Tl .... OppositIon to t tant Ctty Attor tounctl Btll • 44 , specfffc rdl • nd: Ay s : s : Vot ult orf A 1 • I . .. Englewood City Council Minutes Novalber 21, 1988 · Page 6 Abstain: None Absent: None • • • Motion urr ied. Council Member Koucek requested that the City Attorney 's office c01111ence drafting a Bill for an Ordinance wMch would submit to the qualified electors at the November 7, 1989 IIUnicipal election the 1111tter of union representat ion of non -emergency civilian employees. (d), (e), and (f) Director Fonda, Utilities, presented reco-.ndations fro. the Water and Sewer Board relative to proposed transfers of water rights to IIUnicipal use from KcBroom Ditch and Nevada Ditch. He also explained the contract for engineering services to proceed with studies relative to the transfers as well as an analysis of the Brown Ditch co·appltcation water rights. The Water and Sewer Board is reca..ending the contract be awarded to Jehn l Wood, Inc. Mr . Fonda explained the costs proposed by Jehn l Wood ap · pear to be reasonable . A Resolution relative to McBroo. Ditch was assigned a nu.ber and read by title: RESOlUTION NO. 76, SERIES OF 1988 A RESOlUTION AUTHORlZING THE APPLICATION FOR A TRANSF£R OF ENGLEWOOD'S WATER RIGHTS IN THE MCBROOM DITCH. CGUIICIL IIOaO KOZACEJC fiOVED, COUIIClL ~ HAIDilCHT 5[~, APNIDIAL Of I£SOWTI• IM). 76, S£11ES Of 1911. Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: one Abstain : on Absent : Motion carried. A Resolution perlain1ng to vada Ditch wu au tgned a nUIIber and read by tttle: RESOLUTION 0. 77, SERIES OF 1988 FOR A SFER Of E lEWOOO'S TER ay , ozac , 8y , • - ( Englewood City Council Minutes Move.ber 21, 1988 -Page 7 • • - the efforts of the Water and Sewer Board relative to these issues which re - quired considerable study. ~es: Council ~mbers Koltay, Hathaway, Kozacek, Byrne , llabenicht, Clayton, Van Dyke Nays: None Abstain : None Absent : None Motion carried . (g) Director Kuhn presented a rec~ndation froa the Parks and Recre - ation Co.lssion concerning the 1989 fee schedu les for recreation progra•s , park facilit ies, and the [uqlrwood Municipal Golf Course . It was explained that Council had previously discussed resident/nonresident fees, that Council, the Co.ission, and sto~ff will continue to revie~~~ the fees proposed for citizen progra.s. Mr. Vo~rgas interjected that the Resolution under consider- at ion only set fees for corporate ro~tes and rates for annual passes . He ex - plained that other fee incruses o~re generally approved by Council consent. Mr . Kuhn inquired relative to drUII fees o~nd fees for cluses at the Miller Building, shting the Winter recreo~tlon brochures wre at the printers o~nd •st be printed as soon as possibl . Mayor Van Dyke assured Mr . luhn that fees, except for those co ered by the proposed Resolution, ..auld reuin as approved by the Parks ~nd Recreo~tion Ca..iss on until further study hid been aide. Council r Kolto~y o~sked about th variance in "cost per hour" de - veloped for different pt()()l'.:l s. Mr . uhn explained the various thift9S that affect the "cost pc•· hour• o~nd assured Counc 1 that this area of conce"' ..auld be reviewd . The R ~o lul ton w.n .tSlo1 d a n r and read by title : RESOlUTION . 78, II~ t I 19SS A RESOLUTION £STA. ll Ill RECREATION CENTER. ,\1( c.lltll ..U CLAYTOM MOVED, CCMIEIL lll.an'l ••. 71, 5(11£5 Of ltll. ~s : Co·• Cl 1 rs Kl ntc l, Cla to , n: l PASSES fOR TH£ £ U :WOOO , Hath y, Ol Dye • 8yrM, I Englewood City Counc il Minutes Nova.ber 21, 1988 -Page 8 • • • CCU.CIL NDtBER CLAYTON ltOVED, COUNCIL NENIER IYRNE SECOfi)[J), TO APPROVE CltL'S EXP£11UTURE OF PREVIOUSLY CONTRIBUTED flii)S FOR Slli)Y OF TELECOIIIJNICATION COSTS. Ayes: Nays : Abstain : Absent: Motion carried. Council ~mbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Cl1yton, V1n Dyke None None None 13. City Attorney's Report (a) Mr. Grinn distr ibu ed copies of 1 COIIphint recently filed -Vin- cent K. Turner vs . City of Englewood, and requested authority for the City Attorney to defend the City. The atter concerns 1 painting which was taken into custody by the Englewood Police Oepar nt. CCIUICIL NDIIEl KOZACEJ( ltOVED, COU.CIL ND110 Kot.TAY S£CCIIO, TO AIITHOaiZ£ Tit( CITY AnOIII[y TO D£FEJI) THE CITY Ill Tit£ MTTEl -TW110 VS. CITY. Ayes: Co cil rs oltay, Hat 1 , oucek, Byrne, I S: A stat Absen : Motion earned. 14 . leneral Discussion (a) M yor's ~o1c Mayor Van 0 (b) Cou cil ic t, Clayton, Van Oy 1 1 t rs to br ng c 1. ( Englewood City Council "inutes Nove.ber 21, 1988 -Page 9 Abstain : None Absent: None Motion carried . • • • (ii) Council ~mber Kozacek inquired about the status of his request for stop signs at Lipan, Jason, and Princeton Place. Mr . Vargas in - fo.-.cl Council that a f in al deter~~ination had not bHn aade regarding this request. Tnffic counts have been conducted and a report will be furnished Council after the data is analyzed . Nr. lozacek advised Council that should staff oppose his request, he ~uld be requesting a public hearing for citizen input. (iii) A Resolullon concerning the report of the £nergy, £nviron - .. ntal, and Natural Resources Policy Ca..ittee of the National League of Cit - ies (Itt) wu considered at the request of Council Nellber Clayton . Nr. Clay - ton explained that he hoped to use this resolution, if approved, in an atte.pt to -..ct the Natural Resources Policy Report. He felt that contributions of sludge to landfills b nicipallt ies should be considered on the basis of very low tox lc 1 ty, not ol Utile . Also, thll SUP£RFUII) liability for loca 1 govern-.nt should 1ncl d to tCity as a factor in deter~~lning liability ; fur - ther that d s 1c a sludg shoul d be considered as nontox c and non - hazardous if tt ts [ and sta e guidelines for land use appl icat ion. He also stated c as no o lt •1st1c about the outco-.; however, so-. benefit •lght be r alll 1 )olu 10n wu assigned a nllllber and read by title : R£SOlUTION 19 ,..._""'" .. "T Of TH£ REPORT Of TH£ £ RfiY, £i I N· C ITT££ Of TH MTJOUL l£AW( Of CITIES . ICiff ~ • ..,_AI. Of ouc , 1 me, I . Engl-.cod City Council "inutes lov-.ber 21, 1988 -Page 10 • • • (iv) Council Member Habe ic spoke concerning the Colondo Transportation Round Table Report to HLRC, copies of which ~re provided Coun-cil -..bers in their packet . (v) Council Melllber Hatha.ay adv ised that the public hearing for the s.edish Medical Center 's Planned Develo,.nt had been rescheduled to De - c-.ber 13, 1988 at 7:00 p.m. She urged attendance by Council -..bers . (vi ) Council "-ber Clayton expressed COftCerns regarding the Colorado Transportation Round Table Report to HlRC . Further discussion ensued concerning the impact this could have on local govern.ents. (vii) Council ....,_r Habenicht expressed concern about the In- crease in police response time as reported on the Police Acttvity Report. She reported she had discussed the utter with Chief Hol•s. ftr. Vargas explained the short staffing in the Pol ice Depart.ent which could account for the In- creased response ti~~e. It wu ~~entioned that the COIIf)letfon of the new 911 syste. would favorably affect response ti•s. 15. MJ..,.._..t CIUIICIL ._. lOZACDc IIOVED TO.... The .. ttng adJourned at 8 :46 p.•. I . • RESOLUTIION NO. ~ SERIES OF 1988 ,. • • • 6 (a) A RESOLUTION COMMENDING DAVID SEYMOUR FOR HIS HEROIC ACT IN SAVING A CHILD FROM DROWNING IN CENTENNIAL LAKE. WHEREAS, David Seymour was on the fishing dock at Centennial Lake when he saw what appeared to be a small child fall into the water across the lake; and WHEREAS, David ran down the bank for a closer look and could see splashir.g in the water; and WHEREAS, David ran to the shore closest to the area and could see a child about 15 feet froa shore floating on his back with his face under water; and WHEREAS, David Seymour courageously jumped into the icy water, swam to the child, and brought the child to shore thereby saving the child's life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0 THE CITY OF ENGLEWOOD, COLORADO, THAT: The City Council and entire City of Englewood co.-end David S~Y"Qur and recognize his heroic act of diving into the chilled waters of Centennial Lake to save a SD&ll child who had fallen in. ADOPTED AND APPROVED this 12th day of Dec .C.r, 1911. A te s t: I, Color • o . -· r k • I • • • • • PROCLAIIATIOM WHEREAS, hunger is a prevalent problem in many parts of the earth, and even in this country, there are three quarters of a million people, adults and children, homeless, without shelter, without food; and WHEREAS, in Engle~~od, the Englewood office of First Chiropractic has been joined by Burt Toyota, The Greater Englewood Chlllllber of Co~DJWrce, local troops of Boy Scouts and Cub Scout s, as well as many area .erchants to stage a large local effort for a food drive known as the •First Food Fight;• and WHEREAS, area merchants are encouraged to stage their own •in house• food collection with proceeds to be picked up by Boy Scouts on Dece r 17 between 9:00 and 10:30 a.m. in a parade down Broadway featuring h massive TOYOTA TERMINATOR; and WHEREAS, after he kick-off on December 17, the food drive w 11 con inue for the following fiv days through Englewood n ighborhoods, culminatinCJ on Decellber 23 when a presentation is ad to the local branch of t e Salvation Army on the front lo of Bur Toyota where h Toyota T rainator will be loaded with ona ions fro. all of Engle d; , THEREFOR!, I, SU AN VAN DYlt£, Mayor of he C1 y of d, Color do, h r by proclaia Dec r 17 through 23, 19 I Plrst Pood Plght in nglewood. I urg all citia ns o r y par icipa ing in this food drive for th hungry less in our c ni y. GIV nd nd eal h1s 12 h d y o Dec 1 a. , May or B(b) • I . • • • PUBLIC CCIIIIEIIT IOSTO "" POSal MY SP£M ell Mi 1--._ -..,_ FGI A IIAIIU Of FlY£ IIIIJTES. EM:11 SUCII POa SHIIUI.D Sl. THIS ..._IC W .sttl, STATI• liME, MiliUS, -TOPIC Of ..-:iT. TIIDSE POs.s -111• TO SfOI II FAIII Of • II ...SITI. TO A ..._IC HEMI• SIIM.D Sl. TIE ...._lea.£ ..._IC ..... IISTD. PUASEPIIIf. I . • ~ /)~_ ~-~ ~vi~~ ~ ~~ eu-~: ~ ~41 -: c7'7'V c?-~. 7? 7C l ggo ~~·~~ ~ ~~~--~cl~ , "~~ ;.; J Chn--~ z; l1 "' &J~~/~ l ' ~~~4~y ' ~~~tYL~ ~ ~~a-(~: l#~r ' ··'-.)~~ft~ ~Hk~? tJ , • ~~. ~ ?1(;)g8 I· I 71 fP~/1- • • • IBIEIAL ME111A llU C«<IIENT ROSTEl DATE: Dec:IIIMr 12, lta ,.., Pas. MY SPOit CGIICmll•--na. EM:II SUCM PElts. IIIST 51. 11115 .sTD. STATI• liME. IIIDI£55, ---ITDI ..... PUASE LIRIT YGUI WIS TO FlY£ RIIIIJ£5. TMSl POs.S H WISH TO SPOit II FAW. OF • II OIIPOSITI. TO A ..._IC 11011•. SIIIILD 51• THE APPLICAIU ..._IC 11011• .sTD. PUASEPIIIT. -)t_. • I . . - • • • Hayor Susan Van Dyke Cf ty Hall Ehtf Street Englewood, CO 80110 Dear Mayor Van Dyke: .. • • • 8 (a) I have accepted a position whfch wfll requfre y ovtng out of the Cfty of Englewood. Therefore, I a• sub•ttttng thts letter as •Y restgnatton as the Chatr an and ae ber of the EnCJlewood Planning Co,.afsston. This restgnatfon fs to be ef!ectfve f nedhtely. My tenure on t e Co fssfon has been fnterestfn~ and I t~ank you and Counctl for the opportunity to serve t e c nfty. Cit cere1y, 2109 E. Floyd Pl . Entlewoo , CO 0110 I . • • • • PROCLANATIO. WHEREAS, hunger is a prevalent problem in many parts of t h e earth, and even in this country, there are three quarters of a million people, adults and children, h omeless, wi tho ut s helter, without food; and WHEREAS, in Englewood, the Englewood o ff ice o f Fi r st Ch i r o practic has been j o i ned by Bu rt Toy o ta, The Gr e ater En glewo od Chamber of ComMerce, local troo p s of Bo y Scou t s and Cub Scout s , a s well as many area merchants t o s tage a l a r ge local e f for t for a f ood drive known a s the "Fi r s t Food Fight ;• and WHEREAS , area me rchan t s are encouraged t o stage their own "in house " food collection with proceeds o be picked up by Boy Scouts on Dece~er 17 between 9:00 and 10:30 a .a. in a parade down Broadway fea uring the massive TOYOTA TERMI ATOR ; nd WHEREAS, af er h kick-off on Dece er 17, h food driv will con inue for th following five days through ngl ood neighborhoods, cul ina ing on Dece er 23 when a pres s ade to he local branch of the Sa l v a ion Army on ot Burt Toyo a vh r h Toyota T rainator w 11 donations fro all o Englevood ; 1 a. , TKER ORE, I, SUSAN V d, Coloradn, r y procl • rood P l 9ht ln !ng1 wood. GIV r y par icipa ing n his less in our c uni y. un r ff1Y d and e 1 thls 12 y 0 23,181 ns o hungry r, 8 (b) --- • • ,. • CITY OF EJiiLEWOOO UR1M RENEWAL AUTHORITY NOYERIEl 2, 1988 I. CALL TO OIDEl. D R A F T The regular -.eting of the Englewood Urban Renewal Auth ority Wis Cilled to order by Chai~n Voth at 5:45 P. M. Me.bers present : Totton , Voth, Byrne, Cole, Keeni, Mcintyre, Minnick Hanson , Alternate ~r Hinson, Executive Director/Executive Secretiry Me.bers ab sent: Daugherty, Alternate Me.ber Also present : Harold Stitt, Assistant t o EURA Director II. Ch a ~n Voth stated that the M nutes of October 12 re to be cons dered for approval. Intyre •ved : Mlnn c seconded : Th M nutes of October 12, 1988 be appro ed u wn en . AVES : Voth, Byrne , Cole, Intyre , M nni c , Totton YS: ABSTAIN : S T: T Ill. • I . I • • .. • AYES: Byrne , Cole, Keena, Mcintyre, Minnick, Totton, Voth NAYS: None ABSENT: None ABSTAIN: None The .otion carried. IY. 3400 ILCM:l SOUTit ACCIM STIEET City of Englewood/EURA lease Mr. Hinson stated that at the ~eting of the EURA on October lZ, the Authority voted to lease the undeveloped property in the 3400 block of South Acoma Street to the City for Sl/year and the City could use the property as they so chose. A draft lease agr~nt was presented to the Mr. Benedetti, legal Counsel for the Authority, and to the City Attorney for review . The draft lease was then discussed with the City Council, and so.e •inor .adifications were suggested, one of .tlich was that the initial period of the lease be for three years, rather than on a year-to-year basts . Ms. Daugherty entered the ~t ing and too her chair with the lletlbers of the EURA. A second ~ification was that the C1ty wanted to have a specific price per square foot set forth tn the ag~t. If t y wanted to exercise the opt i on to purchase . The price of S5 .20/square foot wa s agreed upon, this being th s ... price per square foot that the fURA sold undeveloped land to Tra..ell Crow and to ltncor Properties of Color~. T lease .. Y continue Indefinite - ly, or .. Y be te~inated at such tt-. as a proposal for develo~nt is sub.lt - ted which is acceptable to the EUAA and to t C ty . ~-Hinson stated that t EURA is obligated to develop property owned by th Authority in accord nee with aftd to further t t~~ple.ntation of the Downt Redevela,.tftt Plan . Any -..nicipal use which t City of Engl.-ood puts this laftd cat~ld be wtthin the te~s of the Downtown ltedevelo~nt Plan. Mr . Hinson discussed his revi of the State Statutes regarding the sale and or transfer of land to another entity, such as the City of Eng1.-ood . He also reviewed h s conv rut tons regarding the proposed I ase of the land with bond couns 1 aftd und rwrlt rs . Mr . Greg Johnson, Bond Couns 1, stated that f .ore than 15 of the Authority -land h used for non ·tU ·tenerattng purposes, th r vht be a conflict wtt t bond ndentu • ver, this slt does not co - stltut .or t an 15 o t Aut r ty -property . II • T t . t . I • • • • The motion c~rried. V. FINANCIAL IEPORTS Mr. Stitt st~ted th~t this l~st .onth, Area 11 (the Downtown Area) exceeded the b~se level in s~les t~x collections. The b~se level is $725,669, and the ~unt of tax collected ye~r to d~te is $731 ,437. During the MOnth of Oc - tober, $91,000 w~s collected in sales tax revenue . The iMp~ct of Aleno.ent 16, if ~pproved by the voters at the general election, was discussed . Mr. Hinson stated th~t t~xes already collected would not be rebated, but collections would ce~se ~t the 3.5~ level, ~nd would be rolled back to the ~ s~les tax effective prior to J~nu~ry 1, 1988. Ms. Keena dis - cussed the differences between the Californi~ Proposition 113 enacted several years ago, and the proposed ~nd.ent 16 before voters this NoveMber. Mr. Hinson stated that the EURA h~s saved quite a bit in the ad•inistrative budget this ye~r because of lawsuits that h~ve been won or settled out-of- court. It is anticipated th~t the construction of the final ph~se of little Dry Creek iMprove.ents will co.e in slightly under the projected budget. The Authority is still holding the retainage for RBI, and a settleMent between RBI and S~ndalwood Ap~rt.ents has been reached . RBI has yet to reach a set tlemen with Key Savings and Penn House Apart.ents . Mr . Totton asked why no interest revenue w~s shown on the construction fund for 1988. Mr . Stitt and Mr . Hinson stated that the construction fund is no a City fund, but is invested through Managed Financial Services. This inca.e would be reflected on the MFS lnvest.ent Report . VI. COIISTIUCTI'* I£PCIIT. The construction report was briefly reviewed. Mr . Hinson pointed out ha lincor Properties is really progres sing on construct on of the Phar -r Plaza develoPMent. VII. Mr . Hinson stated that th pleted. There st ll r I . • • • head tax in Denver, and are inquiring about relocating to Englewood. Mr . Hin- son stated that there is a need to have a central economic develo~nt office; staff or the result could be the loss of several great opportunities to add to the tax base of the City. Mr. Hinson •sked if any -..bers of the Authority felt there would be a problem with hi• working on a part tt-. basts for the Authority and part tt .. for the City on Econo.tc Develo~nt if Council approves the proposal. It was the consensus of the Authority -..bers there would be no proble. with this pro - posal. Mr. Hinson stated that this proposal will be discussed with the City Council on Nove.ber 14, and that possibly the Authority could then discuss the renewal and or revision of his contract at their -.ettng tn Dece.ber. Ms. Byrne stated that she felt there is need for an Econo.tc DeveloP~ent pro - gr._ for the city. Mr. Minnick stated that he felt the City Council, EDOA, and the Ch-.r of C-ree should pra.ote and advertise the City and the St•te as .uch as possible, tnas.uch as the State does not see. to be doing .uch •dvertising in other states to lure businesses to relocate to Colorado. Mr. Hinson stated that he understood the Denver Chlllber of Ca..erce southern California advocating relocation of businesses to Colorado. Ms. Keena stated that this is also true in the Chicago area . Ms . Keena discussed the construction of the Convention Center tn Denver, and the possibility of additional hotels ne.ded to handle convention attendees . She stated that tt ts 1 possibility there •ttht be interest tn the 3400 bloc of South Aca.. as early as 1992 or thereabouts as a site for a hotel . Dtscus -siOft ensued. There being no further business to co. before the Authorfty, t declared ICIJour'fted at 6:30 P. M. • • • s I . • • • 9 8 PRESENT: ABSENT: OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS September 15, 1988 REGULAR MEETING Carla Davidson, William Belt, Janet Kerzic, JoEllen Turner, Harry M. Fleenor, Jr. None Ron Beck, Police Chief Bob Holmes Ch airperson Harry Fleenor opened the meeting. A roll call was taken and a quorum was established. Th first order of business was the d ciaion on the contract grievance filed by Ron Beck. Chairman Fleenor read the decision into the record. Ca..issioner Turner moved to accept the decision as a ached. Co.mission r Kerzic s conded . The mo ion carried . Belt .oved to approve th minut s of July 21 , 1 88. r Turner seconded . Th .a ion carri d. 1 aion r Bel .ov d o approv th Co.a1as on r Kerzic second d . •1nut a of Auqus 31, Th .ation carri d. no or ~aaoc1 1on 'a Cho1c r•a Cho o buain •• y I • • I. CALL TO ORDER. • • • CITY OF ENGLEWOOD PLAIIUN& AIID ZONIN& CONIUSSION IUNUTES OF NOYEJIIER 15,l!J88 The regular ... ttng of the City Planning and Zoning C~ission Wi s tilled to order by Chatnun Hanson at 7:00 p.•. The •etlng wu held In the Council Cha.bers of Ctty Hall . Mellbers Present: Hanson, Barbre, Ftsh, Schultz, Carson, Draper, Volket111 , Tobin and Such . Wanush, Ex -officio. Mellbers Absent: None. Also Present: Susan L. Hirsch, Senior Planner . Daniel Brotz.an, Assistant City Attorney . II. APPROVAl OF MINUTES . The Chatnun satd that the Minutes of October 4 , 1988 were to be considered for approval. Mrs. Tobin asked that the Minutes on Page 2 be changed .tlere she asked for the deftnttton of obnoxious, to show that she was asktng for the City's definition for •obnoxious• as tt pertains to the ordinance . Carson •ved: Tobtn secOftded: That the Minutes of October 4 be approved u nded . AY£5: Schultz, Yolk ... , a.rbre, Tobtn, Carson, Draper, Fhh and Hanson . NAYS: 11oM . AISTAUI : Such . ABSENT: 11oM . The Chatnun ruled that the Minu tes re approved as nded . Ill . FJIIOIN&S OF fACT . T Ch a nun a s ed that t Ffndtngs of Fa ct In Ca approval . rut l at t find Itt o h t '" Cu rb , T tn, Car on, 0 tt .• . l . • • • • IV. PUBLIC HEARING ON PLANN[O DEVE lOPMENT AND CONS!OERATION or VA CAl l ONS roR SWEiHSHMEDICALCrNTEif:---. --·-------------------- CASES 114-88, *18-88 AND #19-88. The Commission decided to hear all three cases at the same time , noting that only 14 -88 is a public hearing. Carson moved: Tobin seconded: The Public Hearing for Case ~14 -88, Planned Devel ovmen t , and Consideration of Case #18 -88, Vdcati on of a por ti on of the right -of -way in the 3400 blo c k of South P enn~y l ania Street, and Case 119 -88, Vacat1on of a porti on of th right -of-way for the alley between South Logan ~treet an d South Pennsylvania Street In the 3400 blo t k, be op ned . Susan Hirsch, Senior Planner stated that Swedish Medical Center h.tS voluntarily ore sen ted a Planned Development at the reque st of the staff so that th e CitJ c an ha ve an idea of what long term development plan s are b ing mad e by th Hos p i ta l. Swedish has submitted plans for an office building wh ich wi ll b lo c at ed ust of the medical office on the north side of Ea s t Ha ntpd ·n A nue. They phn to nlarge the •aln building for offices and various fa cili- t ies, but no to lncruse the numb r of b ds . ~n adt1i ti on al par lng structure I planned that will In i tially perm i t par ing f o~ 100 c ars, and ~ay la er be expand d . This bu 1l d i ng wil l not be abl t o l he se - backs requir d for a building of that size in an R l Zone Otst~l c t . Th e s tbacks can be altered through the Planned 0 ve lop nt pro cedu r e. Also, at one point, the proposed ho s pital add! I n uld be w1 t 1n two feet of the Dunn prop r y . As planned, 1408 par lng s~·•c s 1o11 ll b 1 a llabl ; 1404 are required. Approxt .. tely l~ of the site h phnn d qulred. The project c0111pltes w th h C re ensl •txtd use ..Ofcal and -.d lc a l l rtla d o ffi ces. C i tt e has rev fe d th Plann d De elo and lc h Swedish h1s .. t . . ' . I • • • the plan is to provide good internal circulation and access. There is a minimal amount of through traffic that would be affected by the closing of Pennsylvania Street, and that can be handled by South logan Street. She said that the staff reconnends approval of the Planned Development and the street and alley vacation. Discussion ensued. Ms. Hirsch said that the property had been posted in six (6) different locations with wording and in a unner specified by staff for fifteen days before the hearing. The posting referred to Ordinance 17 of 1972, which has been updated in the codified Co11prehensive Zoning Ordinance. It is the staff's opinion that the substance has not changed. The legal notice of the Public Hearing was published in the November 2nd edition of the Sentinel, and Mr. and Mrs. Dunn had been notified by Certified Mail about the vacations as a courtesy . Richard Huckaby, attorney for tto.r and Eleanor Dunn asked to speak. He said that he had ques- tioned the posting and its citation of an outdated ordinance. He further stated that, whtle the ordinances are si11tlar they are not identica.l. Discussion followed. The Co.atssion declared a recess, and when the .. eting reconvened the Co.aission discussed whether the posting was substantially correct . Volk ... .oved: Fhh seconded : That the Co.ahsion believed the posting to be substan -tially correct. AYES : Such, Schultz, Volke11a, Barbre, Tobin, Carson, Draper, Fhh and Hanson . NAYS : None. ABSENT : None. The Ca.hstOft further dhcussed •ther It -.ould be better to ~ht the pro - cess wtth corr.ct posting so that there .uld be no questiOft as to the procedure . Ca r o 110ved: Vol secOftdtd : The Mltc ar t ng and the COfts fd!trat i Oft of the vacattOfts be COfttti'Ued to Dec .... r Uth , llld that post t nt be redoM t th the correct c tat fOft . AYU : ltz, Vol rbrt , T f , C r , Or r, f t o . , . I . • • • VI. DIRECTOR'S CHOICE. Mr. Wanush said that the Counctl had directed that a co.ittee be appointed _to review Envtron~~ental and Nutsance Codes. One llelllber fr011 the Planning Coaw.ts- ston had been requested to volunteer for the project which should take about six ~nths with .. etings at least twice a ~nth. The dectston as to who would serve was postponed unttl the following .. ettng on Decelber 6. VII. COMMISSION'S CHOICE. Mr. Yolk ... said that hts posttton as Chatnaan of Swedish Corona Cooperative was not, tn hts optnton, a conflict of Interest tn any •tter dealing wtth Swedish Medical Center because there is no connection between the two organizations. Mr. Fish noted a progr• tn the City of loveland tn which a Citizens' group was forled which keeps tnfonled as to City business, and supplies advice and a pool from which Counctl can find people to fill Board and CoiMiission vacan -cies. Discussion followed. The .. ettng adjourned at 8:45 p.•. • 4 • I . - • • • • <XUCU. BILL 00. 44 nmoxnD BY a:ucn. M9em c::IAY'IOO M CR>nw«::E Slii!MI'l"1'DC 'ID A VOlE <F 'lHE ~Il."IED ~ <F 'DiE CI'IY <F !JG.lXlCD, <XUJWlO, AT 'DIE RJG.ILAR .UUCIPAL ELOCT!Cfi ro BE HELD Cfi ~ 7, 1989, ~ AfioeDoli!N1' 'ID nm Oll\RTER <F 'DIE CITY CE' ~, AS FaLCJI3: 1UDfl 'lHE CAREER ~CE OONm 'ID KDIFY 'DIE IH:ISI<:fi <F 'lHE CITY MNWZR CN ~IFnD IH'lDYE:E DISCIPLINE, BY JIMfN)m:; S&:TIOO 138.4 (h) CF ARTICLE >N, OF' 'niE lOolE RULE awt'l'ER. BE IT CRlMNID BY 'lHE CI'IY ca.N:IL <F 'DiE CI'IY <F DQDI'XXI, CXLCIWX>, 'mAT: Section 1. ~re is hl!reby sul:ni.tted to thl! ~ified electors of the City of Englewood at the regular nt.Jnicipal election to be hl!ld on Novaltler 7, 1989, prc.poeed ~t t o the Olarter of the City of Englewood, as follows: '1'\at effective iAIEdiately ~ liiR'l'OVal of the qualified electors of the City of En:Jlewood and the certification thereof to the office of the SecrctMy of Stat of Colorado, pursuant to Section 9, Article 9 F-4 XX of thl! Color constitution, the Charter of the City of En:jlewood, Md ion 31-2-210 Color Reviaed Statutes, Article >N, Section 138.4 (h), of the Hcne Rule Charter of thl! City of Englewood ia hl!reby llllll!nded to read fo \lows: I . • • • • • the manner and for the length of ti.!le required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Int.rodloed, read in full, and passed on first reading oo the 21st day of Nc:!YadJer, 1988. P\mlillhed as a Bill for an Ordinance oo the 23rd day of Nolleniler, 1988. Reed by title and puaed oo final reading oo the 12th day of lleol!ialer, 1988. P\mlillhed by title as Ordinance No. , Series of 1988, on the 14th day of~,l988. - Arn!ST: PatrlC!i H. crow, city clirlt I, PatriciA H. crow, City Clertt of tlw City of lh)l-..cod, Color-'>, henby certify that the llboYe t. a UU. ccpy of the Clr'dinlnce pu8ed on final rMding .-..! pj)li.twd by title • OnliMnoe No._, SKi• of 1988. s.triCli a. crow I . • • <R>nw«:E t«>. q ( smuES CF 1988-- • • • CXXH:n. BILL t«>. 42 IN'110XXE> BY CXXH:n. MEHim BYRNE M CR>nw«:E APPRJVn«i 'mE ~ CF REAL PROPEMY m:NEEN 'mE aGD«JJO l1RBAN ~ Al1l'IIJUTY Alii> 'mE CI'1'Y CF FHil..EWXI>, a::ulWX>, FCR PROPERl'Y IN 'mE 3400 BUX:I( CF scxmt NJ:Hl.. ~, the property oo the east side of the 3400 Block of SOUth Aoc.ma Street was originally purchased by Englewood urban Renewal Authority for redl!'llel~t in i!OOOrdance with the Downtown Redl!velcpaent Plan; and ~. because of c:hanqing redevelq.ment scenariOR, the rede'll'elqnent of the property could take as long as five to ten years; and 1<1~, the City of fh:Jlewood wishes to develop a parkinq lot oo this parcel as an interim U!!le until an acoeptable developll!nt pE'CipOAl is forth- <XIIIin.g; f«lW, ~, BE IT ~ BY 'mE CI'l'Y cx:uciL CF ntE CI'1'Y C6 ~.~.~T: Section 1. 'ftle Leue of AM1 Property betlolll8n EnqltMXld um.n ---.1 Aut:hxity and the City of Englewood, Coloralb, is heniby l(lprOIIIfld. Said leue qenerally provides for the fol101oinq: 1. 'ftle leue pxopeorty is located oo the eut at of the 3400 Bl<x:k of South Acallll Street, City of Enqlewod, O::u1ty of Ari!pllhoe, Sta of Colorll<'b. 2 . 'ftle 1 is for a three-year tem at the J:W\t:Al r of Dollar ($1 ) per Pil)'llble prior eech L __ ._. 3. , inc 1 ud.1.n9 partting • in 11, -l - q 0 . I . • • • • • Published as a Bill for an ordinance en the 23rd day of NcM!ntler, 1988. Read by title and passed on final reading en the 12th day of Deoellb!r, 1988. Published by title as Clrdinanoe No. , series of 1988, on the 14th day of DeoE!IItler, 1988. -- Attest: PatriCia H. crow, city Clerk I, Patricia H. crow, City Cl.nt for the City of EnqliNCOC!, Colorado, heRby Olll'tify the .,.,_ ..S !ongoing is a true ocpy of the Onti.nance pueed en final t'8llllting ..S pmliahed by tit1e • Ckdinance No. __ , Seri es of 1988. PatrlCli H. crow I . . • • •' • a::u«:n.. Bll.L 00. 43 1N1'IaXXl'D 8Y CXXH:n.. ~ HABmiOfl' AN <H>nw«:E APl'RJVIIG THE 1GU!DBlr BE'1't€m 'mE CITY <F EXiLD«XD PUBLIC LIIIWtY Nl> THE ARAPAHE LIBRARY DIS'l'RICT 'ro PIOJIDE LIBRAAY SERVICES ~ RESIIBfl'S <F BCml JURISDICTICRl . 9 E-.. \IDEAS, annually, the Engle.IOOd Public Library and Arapahoe Library District enter into an agreeaeut whereby Englewood agrees to provide library services to the residents of the unincorporated areas of Arapahoe County and those nl.ll"'icipal.i ties within said county not operating their CW\ public libraries, and the Arapahoe Library District aagrees to provide library services to resi~ts of D¥;!1~; ~, 'ftlf2(fl'(J(E, BP. IT ~ BY THE CITY CXXH:IL <F THE CITY <F l)(;[.lJCXI), c:x:L<ItADO, 'DIM': ~ion 1. ':he ap:._..11t the City of fn)lewood and the Arapahoe L brary nbtrict, titled •AgreMellt for Library Servioes, • ia hereby approved. SAid t rally provides for the following: 1. Each party shall circulate to each other's carcl'loldera my itaa available for circul tion frat~~ its facility at a rate of $.55 .-: trBNN'Ietion f the ditf~ betwen total tranaactiOM. ~. term o f thia artr..,..ll!l'lt 1.5 frat J..w:y 1, 1989 thrc:ul'l Dec:ert:lt":r 31, 1989. • Ci ~. ita n 11, I . • • • • Published as a ~ill for an Ordinance on the 23rd day of Noventler, 1988. Read by title and passed on final reading on the 12th day of Deceldler, 1988. Published by title as Ordinance No. , series of 1988, on the 14th day of Deoentler, 1988. -- SUsan Van DYke, Mayor PatriCia H. crow, City clerk I, Patricia H. crow, City Clerk for the City of lh)lalood, Colora&>, hereby certify the llbclYe and foregoi.nq ill a true oqJ~y of the <kdinanoe paued on final reading and P'bliJihed by title aa ~No. __ , Series of 1988. PKrlCli H. crow -2 - I . • -• • • C 0 U R C I L C 0 M M U R I C A T I 0 R DATI AGDDA lTD SUIJ!CT Wage i nc r ease for Dec e.ber 8 , 1988 1 1 (b ) Manage rial, Sup ervisory and Con f ident ial E.ployees lliiTIA'fiD l'f City Manage r ACTIOI PROI'OSU Request the City Council to a ppr ove 1989 Wage Increase for Kanaaeria l, Su pervisory and Confidential ~loyees The City of Enalevood , by Charter A8end8ent, provided for the 81tAblhh8ent of aan · agerial and c onfidential -.ployees within the service of the City . Thus , such ••· ployees are excluded fra. representation in eny collectively baraalned a~loyae relations syatea ; therefore, separate reaolutions are necaaaary to provide for waae and beneflt adjuac.enu . Propoaed &eaolutions include : 1. A leaolutlon for a C..,auatlon and hnefita Plan for o.-r:a l l e rYlc:e llaaaae r u l ....... rYlaor, ..,lo,eea . The reaolution provide& for a 1 .75 ' pay lncr ase aff ct lve January 1 , 1919 , and MPloyeaa will pay $11 .00 per 1a0nth toward thA pr .. tua coa t of dependent health insurance coveraae : $1 2 .35 t oward h t o t a l at 1 a l th inwuranc e pr .. lua coat . 2 . Plan f o r llaaa&erul aa4 l•pel"'l'laory reaolu ion provl a or a 1 .75 pay lo a wlll pay $11 .00 r nth to · tn co : $12 .35 ad I • • • • • 3. A Reaolution for a Co.penaation and Benefita Plan for Kanaaerial end Superviaory e~loyeea of the Plre Depar~nt . The reaolution providea for a 1 .75' pay in- creaae effective January 1, 1989, and e~loyeea will pay $18.00 per aonth toward the pre•iu. coat of dependent health inaurance coverage; $12.35 toward the total aingle health inaurance pre•iu. coat . 4 . A Raaolution for a Co.penaation and Benafita Plan for Confidential e~loyeea . The reaolution provide• for a 1 .75• pay increaae effective January 1, 1989, and e~loyeea will pay $18.00 per ~nth toward the pre•iu. coat of dependent health inaurance coverage; $12 .35 toward the total ainale health inaurance pre•iu. coat . UCOPDDATIOII It ia reco..ended that the City Council approve, by ~tion, theae Reaolutiona ef - fectina pay increaaea for Managerial, Superviaory and Confidential E.ployeea on January 1, 1919 . It ahould alao be noted that tha General Servicea Mid-Kanager Croup and the Confidential a.ployeea {Executive Secreteriea) have pledaed to take furlouaha {tt.e off without pay) to offaat the coat of the propoaed aalary adjuat.anta . I • • - • • RESOLUTION NO. SERIES OF 1988 • • • A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MAJ~AGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY OF ENGLEWOOD. WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of managerial employees within the service of the City of Englewood; and WHEREAS, by virtue of managerial duties as~igned to these positions by the City Manager, it has been determined that they are managerial and are therefore excluded from membership, participation, or representation in any collectively bargained employee system or Career Service systec of the City of I:nglewood; and ~IEREAS, under the Compensation and Benefits Plan for General Service managerial and supervisory employees, City Council desires establish the pay rate as well as premium costa for health insurance coverage for the year 1989; t!OW, THEREFORE, BE IT RESOLVED BY Till'; CITY COUNCIL OF THE CITY OF ENGL~lOOD, COLORADO, THAT: Section 1. The pay for General Services managerial and supervisory employees of the City of Englewood for the calendar year 1989 shall increase by 1.75~. Section 2. The premium coat to be paid by said e~loy a for health insurance coverage shall be at the rate of *18.00 per month toward total dependent coverage and •12.35 per ~nth oward the total single coverag . ADOPTED AND APPROVED h 12 h day of O.c r, uu. p I, p Co l o do, o. _, I • RESOLUTION NO. ~ SERIES OF 1988 • • • A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF THE CITY OF ENGLEWOOD POLICE DEPARTMENT. WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of managerial employees within the service of the City of Englewood; and tiHEREAS, by virtue of managerial duties assigned to these positions by the City Manager, it has been determined that they are managerial and are therefore excluded from membership, participation, or representation in any collectively bargained employee system or Career Service system of the City of Englewood; and UHEREAS, under the Compensation and Benefits Plan for managerial and supervisory employees of the Englewood Police Department, Council desires establish the pay rate as well as premium costa for health insurance coverage for the year 1989; II , TH!REFORE, BE IT RESOLVED BY TilE CITY COUNCIL OF THE CITY OF EI~GL!WOOD, COLORADO, THAT: S c ion 1. The p y for manag rial and supervisory employees of th City of Englewood Police Department for the calendar year 1989 shall increaa by 1.75~, effective J nuary 1, 1989. PT cos to be paid by said mployees shall b a the rate of $18.00 per and $1 2.35 per onth toward APPROV D h 12 h d y 0 0 c nb r, 1988. I • • RESOLUTION NO. 12 SERIES OF 1988 • • • A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY E~tPLOYEES OF THE CITY OF ENGLEWOOD FIRE DEPARTMENT. WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of managerial employees within the general services area of the City of Englewood; and WHEREAS, by virtue of managerial duties assigned to these positions by the City Manager, it has been determined that they are managerial and are therefore excluded from membership, participation, or representation in any collectively bargained employee systems or Career Service system of the City of Englewood; and WHEREAS, under the Compensation and Benefits Plan for Englewood Fire Department managerial and supervisory employees, City Council desires establish the pay rate as well as premium costa for health insurance coverage for the year 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The pay for managerial and supervisory eMployees of th City of Enqlewood Fire Department for the calendar year 1989 shall increase by 1.75~. Section 2. Th for health lnsur nee ~n h toward to al d the otal single cov premi~~ cost to be paid by said employees coverage shall be at the rate of •18.00 per pend nt coverage and •12.3 5 p r ~nth toward rag • ADOPTED At D APPROVED th 12 h d y of er, 1988. P rlcla H. crow, cl I, olo ·-· y Cl bov c co H. how yor I • • RESOLUTION NO. ~tt SERIES OF 1988 ~ • • • A RESOLUTION APPROVING A Cot-IPENSATION PLAN SYSTEf.l FOR CONFIDENTIAL AND SECRETARIAL E~IPLOYEES OF THE CITY OF ENGLE\'JOOD FOR THE YEAR 1989. WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of confidential and secretarial employees for the City of Engl e wood; and \'lHEREAS, by virtue of dut ies assigned to these positions by the City Manager, it has been determined that they are confidential and are therefore e xclude d from membership, p art icipation , or representation in any co llective ly bargained e mployee s y s tem o r Career Service system of the City of Englewood; and UHEREAS, under the Compensation and Benefits Plan for confidential and secreta ri al employees of the City, City Council desire s establish the pay rate as well as premium costs for health insurance coverage for the year 1989; WW , THEREFORE, BE IT RES OLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. The pay for confidential and secretarial employees of the City of Englewood for the calendar year 1989 shall increase by 1.75~. sec tion 2. mium cost to be paid by said for health insuranc cov rage shall be a the rate of month toward total d p nd nt cov rag and $12.35 per th to al aingl coverag • employees $18.00 per on h toward OOPTCD AND APPROVED the 12th day of Dee mb r, 1988. A p I, Color d , No. _, H. Crow, Ci y o e y o • I • • DATI Dec-.ber 8, 1911 IIIITIA'fiD It ACTIOII ftOI'OUD • • • C 0 U R C I L C 0 K K U R I C A T I 0 R llC · City Manaaer IUI.JICT Addendua to 1988-1989-1990 Collective lar&elnln& Contract between City and !PIA laqu.at the City Council to approve a vaa• lncraaae conalatent with tha tar.. of the 1911-1919-1990 Collective laraalnlna Contract between the City of ln&levood and the Enalavood Pollee lenaflt Aaaoclatlon A leaolutlon approvina a vqa increaaa baaed upon a Denver J(etro Area aurvay aa re- quired by tha 1911-1919-1990 Collective laraalnlna Contract between the City of !n- &l•vood and the lnalewood Pollee lanaflt Aaaoclatlon . (S.e attached Collective lar- aalnlna Contract reprctlna COIIpeUatlon and the Denver J(etropolltan Area Survey reaulta.) UGCWII'NfiOII lllployeea covered by the Collactlw larplnlna Contract be~ U.. Clty of lnal•· wood and the lftalewood Pollee lanaflt Aaaoclatlon are entitled to a •&&• lncreaae bat 4 upon U.. .ectlu vaa• of U Denver ... tropolltu cltlaa nw. •41...,.. hu n calculated and vlll requra a 2.41' • .,. lncraaae . In order to c~ly wlth t Colt tlve larplnlna Cootract, lt la rac-aded that Clty Council appro.,.., by -- ton, lt olu lon arantl a 2. 1 v lncreaae to 1.-ood Polle nll la l r on Ja 't'J 1, 1119 . I • • • • • A. Effective J1nu1ry I, 1988, and consistent with the City's payroll periods, employees covered by this Contract sh1ll be paid according to the following s1l1ry schedule which includes 1 two percent (21) wage increase. Prob1tlon1ry Police Officer III Police Officer II Pollee Officer I Monthl~ $2,054 2,259 2,485 2,733 Annual $24,648 27,108 29,820 32,796 B. Effective January I, 1989, .-ployees covered by this Contr1ct will receive CQ~P~nsatton developed f~ the .adtan .anthly b1se s1lary for Pollee Officer I f~ the following Denver .. tropolttan pollee depart..nts. Arvada Boulder c ... ree City lakewod Northglenn Westlltnster Aurora Br0011fleld Denver littleton Thornton Whut Ridge The .. thodology used In deten.tntng the -.dian wage rate Is set forth below : (I) The .anthly stratyht tt .. wage rate excluding all other fonas of eQ~P~nsatton for Po tee Officer I fro. each of the depart..nts listed above will be arranged f~ highest paid to lowest pafd and the -.dian wage rate will then be deten.fned . (Z) Once the -.dian wage rate for Pollee Officer I Is detenatned, that rate will then be used In establishing the City of Englewood 's Wlfl rate for Pollee Officer I. (l) In order to accurately deten.tne the wage rates fro. each of the ctted cities, wage data wtll be collected by the City by Sept r 1st of ltll . All Wlfl data collected will be subject to verfflutton by the Association by Sept r 15 , ltll . t City and t Assoc at su ey data, t dispute & all ure conta n fn t C0t1tr c • • - • • CITY Of EIICLNIOO POLICE OFFICER 1ST CLASS ·-lukt .. ·-bnkt .. lnc"ase s ~ ztll LMDIOOO • •• 3015 ~ a. ~ !.00 2941 LMDIOOO 2177 ~ u .. u !911 IGUlDO Zl5l IOULDER 2.00 2915 M¥8 1103 M¥8 !.00 2159 DEliVER 1746 DEIIV£1 !.60 2111 1742 !1M IDIM MEDIM lf:SliUIISTtl 1731 umm11 2.50 !710 DTHilml 1711 MUlRIIISTtl 0 1731 llmmll 1712 ..,... 0 1715 .... lnD .. IIOTIIDil 1.00 1701 CGIIOCE CITY .. ..._IELD • • 1703 HAT IIDil l4tl CGIIII:ICE CITY 0 .. MEDIM • 11742 • IDIM • SZ7M [;,1 1 1 te • ~--~.late. sr , .,. . .., .. SZ l tr 1 .4lS Mlow , l • I • • I • • ., • ADDENDUM TO THE 1988-1989-1990 CONTRACT BE'NEEN THE CITY OF ENGLEWOOD AMD THE ENGLEWOOD POLICE BENEFIT ASSOCIATION Thla Addendua to the 1911-1989-1990 Contract, entered into by the authorized City repraaentatlvea and the £nalewood Pollee Benefit Aaaociation ahall be a ~tual requeat by the above aa.ad partiea, that the Enalewood City Council aodify the cur - rent 1918-1919-1990 Collective Baraainina Contract to reflect the 1989 aalary achedule . Aa a reault of thla underatandlna and •aree .. nt , the followina aalary achedulea will be eatabliahed for the year 1919 : Pollee Officer 4th Claaa Pollee Officer lrd Claaa Pollee Officer 2nd Claaa Pollee Officer lat Claaa $2104 2314 2S4S 2799 The partial raapectfully requaat thla .adlflcatlon and by thalr raapectlva rap - raeantatlvaa have placed thalr allft&turaa thar-. on thla 12th day of Dacubar, 1918 , a lnalawood, Colorado . CITY OP DCUUOOO DCLIVOOD POLICI lllflfJT ASSOClATIOIC I • • - • • RESOLUTION NO. ~ SERIES OF 1988 • • • A RESOLUTION APPROVING AN ADDENDUM TO THE 1988-89-90 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. WHEREAS, an Addendum dated December 7, 1988, by and between the City of Englewood and the Englewood Police Benefit Association has been executed by representatives of each of said parties; and WHEREAS, Section 3-5-6 A, Englewood t-tunicipal Code 1985, requires that the contract be approved and ratified by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Addendum to the 1988-89-90 Collective Bargaining Contract by and between the City of Englewood, Colorado, and the Englewood Police Benefit As sociation , dated December 7, 1988, effective January 1, 1989 through December 31, 1989, which Add endur:t generally provides for a 2.41~ increase in present wages, be and the same is hereby approved. A copy of said Addendum is attached hereto and incorporated herein by reference. S ction 2. The Mayor of the authorized and directed to ex cut Col l ctiv Barg ining Contract da City Clerk ah 11 at he a City of Englewood la hereby he Add ndum to the 1988-89-90 d D c raber 7, 1988, and the ADOPT D MID APPROVED h 12 h day of Dec ab r, 1988 • I, Color I • • - • Deca.ber 8, 1988 ACTIOIIPI.OPOSID • • • C 0 U M C I L C 0 M M U M I C A T I 0 M City !tanager SUIJICT Addendua to 1988-1989-1990 Collective Bargaining Contract between City and EFFA Request the City Council to approve a wage increase conaiatent with the teraa of the 1988-1989-1990 Collective Bargaining Contract between the City of Englewood and the Englewood Fire Fighter Aaaoclation A leaolution approving a vaa increaae baaed upon a Denver Metro Ar a aurv y aa re - quired by the 1988-1989 -1990 Collective lar&aining Contract between th Cl y of tn · &levood and the Inglewood Pire Fi&htera Aaaoclatlon . (S e attached Collective lar· aainlng Contract reaarding co.penaatlon and the Denver Metropolitan Area Surv y naulta .) U tiOII • • • • ARTICLE 8. COMPENSATION A. Effective J1nu1ry 1, 1988, employees covered by this Agreement will receive co.pens1tion IS provided in the t1ble below: T A B L E Regul1r Str1ight Pr .. iu. TiM Hourly or Over - Rite* tiM Rite• Monthll* Annu1l* Firefighter (probationary) $ 7 .21 Sl0 .82 Sl,803 $21,636 Firefighter 1st Class 8 .31 12.47 2,079 24,948 Firefighter Znd Class 9.15 13.73 2,2aa 27,456 Fi~:hter 3rd Class 10.07 15.11 2,517 30,204 Fi tc 2nd Class 10.07 15 .11 2,517 30,204 Fire.edic 3rd Class 11.07 16.61 2,769 33,221 Driver/Operator/Engineer 11.07 16.61 2, 769 33,221 Lt eutenant 12 .11 18 .27 3,046 36,552 I . (1) Effective January 1, 1919 and January 1, 1990, e.ploy .. s covered by th is Contract wtll receive COIPtftSation developed fro. the .edtan ~thly b&se salary for top grade Ftre Fighters fro. the foll~ing Oeftv r tropolitan Ftre OtpartMnts: Aurora Deaver l&ftcroft Boulder Cutl od lilendale lak.-.ood Littleton Thon~ton Westllfnster o1ogy used n dete~ n ng t e led an wage rate ts set ,,,. . t ) I . • • • (c) After the median wige rite for Fire Fighter III is es- tablished, in idditionil ten percent (1~) will be added to that rate in order to establish the wige rate for Driver Opera - tor Engineer. An idditionil ten percent (1~) will then be added to the new Driver Operator Engineer rate to estiblish the Lieutenant's wage rate . (d) The bise Wige rite for Fire Fighter II will be ten percent (101) below the base wage rill for Fire Fighter III. The base wage rate for Fire Fighter I will be ten percent (101) below the base wage rate for Fire Fighter II . (e) The .. thodology used in establishing the probationary Fire Fighter wage rate will be the sa.. as Indicated in 2(a) above . (f) In no event shall an employee 's base wage rate be reduced for the years 1989 and 1990. (g) The above .. thodology will be used to establish wages for .-ployees covered by th is Contract for the years 1989 and 1990 . (h) In order to accurately deten~lne the wage rates fro. each of the Ftre Oepart .. nts tdenttfled tn 8(1), wage data will be collected by the Ctty and the Union tn Sept..O.r of 1919 and 1990. All wage data collected wil l be subject to verlftcatton . (I) Should a dispute ar ise between the City and the Unton con· cernlng the ac cur acy of the wage survey data, the dtspute shall be subject to the grievance procedure contained In this Contract . C. The co.pensat on figures Identified t n Table 1 above are based upon the n.O.r of rttular1y schedu l ed hours per IIOftth and per year tncludtng over· tt ... and are not adjusted f or because of the City's bt-..kly pay syst... The .. thodolotY used t n dete n ng the hourly, pr fU.V overt ... .onlhly and an· nual COIII*'Utton ts con ta ntd tn AppendfJC A attached . I . I ·I • • • Page 7 &. In addition to their regular hourly wage rate, shift fire investiga- tors assigned and authorized by the Fire Chief will receive SlOO.OO per DOnth or its hourly wage rate equivalent. • • 1 • • • CITY OP DGLBWOOD Pin Pipter lrd ADIIIOaA llmiV&a MIICIIOP'l' c:a.rn.aiiOOD ~ l.UKWOOD PIU DI8ftiCT llOUI.DD ~ Ba!IUDTD ~ aDUII • t21t7 11191-..od'• .. te. 2712 2192 2177 U74 U07 2517 DDIAII 25U 2570 2430 2422 2252 t25l7 or l.llt below ... ian I . • • • ADDENDUM TO THE 1988-1989-1990 CONTRACT BE'l'VIEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD FIRE FIGHTERS ASSOCIATION Thia Adde~ to the 1988-1989-1990 Contract, entered into by the authorized City repreaentativea and tha !ft&levood Fire Fl&htera Aaaociation ahall be a .utual requaat by the above na.ed partie&, that the Enalevood City Council .odify the cur- rent 1988-1989-1990 Collective laraainina Contract to reflect the 1989 aalary achedula . Aa a reault of thia underatandina and aaree .. nt, the follovlna aalary achedulea will be eatabliahed for the year 1919 : Fire Fipter Probationary Fire Fipter lat Claaa Fire Fipter 2nd Claaa Fire Fipter lrd Claaa Fira.edic 2nd Claaa Fira.edic Srd Claaa Driver/Op&rator/lnainaer Lleu~t $1160 2146 2361 2S97 $2597 28S7 21S7 3143 The partie• reapectfully r q at thla .odiftcatlon and by their reepective rep - raaentetlvea U.. pl ad thelr llpaturea thereon, on thh 12th clay of Decuber , 1911, at lftalewood, Colorado , I . • • • RESOLUTION NO. ~ SERIES OF 1988 A RESOLUTION APPROVING AN ADDENDUM TO THE 1988-89-90 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1989 THROUGH DECEMBER 31, 1989. WHEREAS, the 1988-89-90 Collective Bargaining Contract stipulated a minimum wage reopener of 3.18~ for 1989; and WHEREAS, an Addendum to that Collective Bargaining Contract, dated December 7, 1988, by and between the City of Englewood and the Englewood Fire Fighters Association has been executed by representatives of each of said parties; and WHEREAS, said Addendum was duly ratified by a majority of the members of the Englewood Fire Fighters Association; \'IHEREAS, Section 3-5-6 A, Englewood Municipal Code 1985, requires that the contract be approved and ratified by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, THAT: Section 1. The Addendum to the 1988-89-90 Collective Bargaining Contract by and between the City of Englewood, Colorado, and the Englewood Fire Fighters Associated, dated December 7, 1988, effectiv January 1, 1989 through Dece~er 31, 1989, a copy of which is attached hereto and made a part her of, be and the same is hereby approved. p C lo S c ion 2. The Mayor of the City of Engl wood il h reby and dir cted to execute the Add ndum to he 1988-89-0 Bargaining Con r ct dated Dec mb r 7, 1988, nd h I, ahall tel th PT D AND APPROV 0 h 12 h day of Dec r, 1 88. c y 0 c py o t ·-· I' OW I • • Dece.ber 8, 1988 IIIITIATD IY ACTION ROPOSID • • • COUNCIL COKKURICATION ACDDA ITIII SUJJICT Addendua to 1988-1989-1990 Collective Bargaining Contract between City and EEA Requeat the City Council to approve a vage increaae conaiatent vith the tara. of the 1988 -1989 -1990 Collective Bargaining Contract between the City of Enalavood and the £nalavood !8ployeea Aaaociation A Raaolutlon approvlna a wa&• lncr•••• baaed upon a Denver Metro Area a urvay aa ra · qulrad by the 1911 -1919 -1990 Collective lar&ainina Contract between the City of En · &lewood and the Jn&lewood &.ploy••• Aaaoclatlon . (See attached Collec tive Bar&aln · ln& Contract re&&rdlna co.penaation and the Denver Metropolitan Area Survey raaulta .) I • • - • • • • ARTICLE 9. COMPENSATION A. Each .. ployee in the classified service shall be paid at one of the rates set forth in the pay plan for the class in which they are employed. B. At least the •inimum rate of pay for a class shall be paid to an .-ployee who is starting his employment with the City. C. When a regular full-ti.e position not under the classified service is brought into the classified service, the rate of pay of the incumbent •ay be set by the City at the step closest to his current rate in the grade es - tablished for the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (1) The .-ployee is on leave without pay. The previous anniversary date shall be adjusted one .anth for each twenty -two (22) working days of leave without pay in any twelve (12) .anth period. (2) The .-ployee ter.inates his e~loy.ent and later is re .. ployed . The new anniversary date shall be deter.ined by his new e.ployment date. (3) When it is deter.ined that the e.ployee .. rits an increase, the date of the increase will deter.ine the new ann iversary date. E. ~loyees of the City of Englewood represented by the Englewood ~ ployee Association and covered by this Contract shall receive a two (2) per- cent increase on the base wage rate effective January 1, 1988. F. (1) Effective January 1, 1919, .-ployees covered by this Contract wtll receive a percentage wage increase equal to the .. an or average percentage increase granted to st•ilar e.ployees fra. the following cities: Arvlda Boulder Ca.~ ret c tty Lakewood rthgltnn st.insttr Aurora lr0011fteld Denver Littleton Thornton eat Rld9t ) I . • • .. I • CITY OF ENGLEWOOD -1989 GENERAL SERVICE PAY INCREASES I GUIII-HAI 1 SERV,ICE ARVADA 2.00 AURORA 2.00 BOULDER 2.20 2.00 BR()(MFIELD MERIT POOL CC11t£RCE CITY 0 DENVER 2.50 LAKEWOOD 4 .50 liTTlOON 1.50 .,.THCLE• 0 THORNTON 2.00 VESTM I NST£1 0 I._.EAT RIDe( l .OO AV£RAG t 1.73 I • • • ADDENDUM TO THE 1988-1989-1990 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLl\IOOD EMPLOYEES ASSOCIATION Thie A~ndua to the 1988-1989 -1990 Contract , entered into by the authorized City repreeentetivee and the En&levood t.ployeee Aeeociation ehell be e .utual requeet by the above na.ed partiee, that the l!.n&levood City Council ~dify the cur- rent 1988-1989 -1990 Collective Bar&einin& Contract to reflect a 1 .7 5' va&e increase effective January 1 , 1989 . The partial respectfully requeat thie ~diflcation and by their reepective rep - reeentativea have placed their eisnaturee thereon , on thie 12th day of Dece.ber , 1988 , at En&levood, Colorado . CITY OF DCI..IWOD I!.NCLI!.WOOD EKPLOYI!.I!.S ASSOCIATION I • • RESOLUTION NO. g 1 SERIES OF 1988 -- • • • I j 0 A RESOLUTION APPROVING AN ADDENDUM TO THE 1988-89-90 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATIOU/AFSCME LOCAL 303, EFFECTIVE JANUARY 1, 1989 'l'HROUGH DECE~IBER 31, 1989. WHEREAS, an Addenllum dated December 7, 1988, by and between the City of Englewood and the Englewood Employees Association/ AFsc•m Local 303, has been executed by representatives of each of said parties; and WHEREAS, said Addendum wa s duly ratified by a majority of the members of the Eng lewood Employees Association/AFSCME Local 303; and WHEREAS, Section 3-5-6 A, Englewood Municipal Code 1985, requires that th contract be approved and ratified by City Council; NOU, TIIEREFOR , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: s ctio n l. Th Add n d um t o the 1988-89-90 Collective Bargaining Con r c t by and betw n th City of Englewood, Colorado, and th Engl \IOOd Employees Association/AFSCME Local 303, da d Dec Db r 7, 1988, ffectiv January l, 1989 through December 31, 1989, copy of which i a attached hereto and mad a par hereof, b e and h s m i s h r by approv d. ADO PT D 1, Co l o ·-· APP ROV D h 12 h d y o Enql wood is h r by ndum to he 1988-89-90 r 7, 1988, and th r, 1. 88. C l. y o c y 0 I • • Dece.ber 12, 1988 IBITIATID IT ACTIOB ROPOSD • • • C 0 U R C I L C 0 K K U R I C A T I 0 R ACDDA ITIII SUIJitCT 11 (a) C~ity Develo~nt Proposed Bill for Ordinance Approve a Jill for an Ordinance granting the Englewood Houaing Authority $190,000 for the Housing Rehabilitation Progr ... The City of En&levood was recently notified that the $190,000 C~ity Develo~nt Block Crant (CDIC) was approved for Houaing Rehabilitation and Ad&inistra tion fr~ the State Depare.ent of Local Affairs . The attached Bill for an Ordinance au- thorizes thia tranafer of fund• and aasisna the responaibillty for ad&inlatratlon of the pro&r .. to the En&levood Houaing Authority . A revl ad A&raa .. nt between the City and ln&levood Houaing Author ity for th ad - •inlstration of th Houaing Rabebllitation Pro&r .. is al•o a~lt ad Cor approval by th City Council . The A&ra ... nt lathe .... •• approved in 1987 . U TIOI th City Council approve t r vl•lon of the A&r Houalng Authority and th Cl y for t a inlatratlo t ton Pr gr .. and authorlz th trana!er o und • I • • CR>INN«:E 00. SERIES C£ 1988-- • • • BY Al111DU'IY A BilL FCR AN CR>nw«:E ~ AN AMElO-ENT 'ro 'mE N:iREfl4ENl' BE'lWEfN 'niE CI'IY C£ aG.D«XD Am 'niE fX1LfXXD IIXJSIHi N.mDUTY Am GRANrlHi ro a«iLEHXD IIXJSIHi Al1l1Dli'1Y $190, 000 FCR AmmUS'mATICN C£ 'l'HE IIXJSIHi REHABIT.ITATICN PlU>RN-1. \·IIEREAS, the State Department of Local Affairs has notified the City of Engle.IOOd that $190,000 of Camllnity DeYelopnent Block Grant (CI:B;) funds was approved for Engle.IOOd housing rehabilitation and aani.nistration under the Rehabilitation Loan Program; tU., 'niEREFC1m, Bl'! IT CIUlAINED BY '11tE CI'IY axN:IL C£ 'niE CI'IY (£ fXiLO«XXl, ~. 'niAT: Section l. 'nle Agre&lleut between the City of EngleloiOOd and the Englewood Houainc) Authority is hereby mended authorizing transfer of funds for achinistration of the Housing Rehabilitation Prc:lgram for a 12-«<l''th oontract ( Con ract no. 88-907 fran septadler 16, 1988 through Sept.entler 30, 1989) fran the City of Englewood to the EngleloiOOd !lousing Authority in the t of 190,000, pursuant to Section 24-32-705 C.R.S. section 2. Mayor and City Clerk are hereby authorized to sign .00 i ly, said t to 'nle Englewood Houainq Rehab litation }ltJlceel'lel'\t for and on behalf of the City COuncil and the City of in full, and on fin rud1.ng on the 12th day o 14th day 0 oec•:.r, 1 I . . - • • • • AXCNOP1ENT TO lliE ENGLB«JJD HOUSING REHABILITATION LOAN AGREO£NT The Ci tv o~ Engl_,.,d and tho! Enolo••..,c d Housing Author\ ty aqr"" as f'ollo ... : I. The Enole-od HDu lng AuthDrity, he:-ein c .. I le:! the •Authority• tt\rouC)h ats p.r~nnel, or the p.r40nnel of the City of Engl~, h~e ln cal l.d the "CityM, w1t th• approval of' the C\ty "•naoer, sha ll be responsible ~~r the ewwcutlon ~~ the HLusing Rwh•hilit .. tion Loan Progr.-. her••n c•ltrd the •Progr .. •. II. Appllc•tlon for ••• s tance shall be ~irst .ubM\tt~ t and appro-by the Authority under poliCl'" -·ptttd by the Authority. II I. IY . Upon r~eapt o~ an ~pla c atton, cau,.. an lntlpect•'"' to be aad• reslcM-nce and sh II ' the Author ty hall or lh• •ppltcant '• A. •• c. D. C..use .. deta1led 11 t and e wpl•natlon to ~ •nd -.or•. r....,ared t«- the co tt Gn n~ the ub tandard. - o al l act ons etaean.t• o~ r~ ar ...... ~. ""'' h .. at-. '' c--an to.,. Obtatn ffl lent d o ~tatlon that -lll"&ftt had OOod UtiP t d r~Kid , .. ,. equity '" of the value aiel .--•deflce . .. --··1 -...... 0~ ... t .. I • c . • • • 1. Ei~~--e£iQ£i~~ R Pp~irs and i•pro~e~~n t s ~o a.e~ SectJon 8 Housinq Cualaty Standar d s (HQSl as a •iniMU~ code. 4. Ee~rth ___ e !eci~~ Eli~lna~ion o~ l nctplent v'ol.attons o~ ~he Section 8 HQS. 5. tif!!L __ ec e!:ll~ -.-,.1 prop .. :-ty t~rov.-.nts. G.n.r•l property i~rov.-.nts can only be f"i~nced throuqh nor .. t rate to•~. I~ tho property •• ldentl~i~ as inappropriatp ~or r~~ due to ••c..wive cowts, the applic•nt .. Y .-ppty for An •lternat1ve rwtoc.atlon loan .. 1.. r:o -.c• Lo..nw. shall be aade only 2- to _._.,. ooho _. ~..., p.--ty on ""'ich the aeprov--.nt• •ttl be~. Bor-r....-.rs lllllho .;are ~/occupants cannot have ttt.lr tnciMM! ••c...ct lOOK o~ the -.dsan Jnco .. •• d~ ~ by HUD. 8orrc..r• ~ ar• a~v•~t o r s have no anco•• r-.._,ar-.:ent•. II ILl e.-t1 -Loa.,.. ahall b • •ad• for ..... ,d~t a al prcp..-t .. contatnlng -11 ng ~ats or 1-• located •sttltn th• ., .. £ngl-od . ..,., not 1<-c:atO!d '" • d .. l g ~IOGd plain aroa . o~ a Prol••lnary Loan ~l l c ~taon, ho dato and u-0~ .-~. pt 0 ~t• ion will d•t•r• n. tho Drd only ,..our C ity ted h appto c at>o n wa th\n • h o~ '. )r' ty -_,.._ ........ , " th _,_ t • •• a.-.d1ato hO•Ith a~/or ••roty ~ th• __..,_ 'IP•nt or t .... All-/ .... -. • I . - E. r. • • • • l. ~~ryr!~~¥--~~~Q __ bi~i1~-At least once each year th• Authortty Mill deterqane the monetary li•its ~or th• nor.al rate, d&~erred, ard ~ltRrnat\ve relocA tion lo•ns . 2. ~i~~~~§~_eQ_~2[~~~~! -NotMith~tand i ng the abov•, a noraal r.at• or def'"errt!d loan 'Secured by a 'f"ir!it diM!'d of trust 'Shall not" e~ceed 90~~ of' th• apprai-sal ~o~11lue o1'" the property ar. de~r•ined by a qual i ~ied appraiser. I~ the loan \s s.cur~ by • second deed o~ trust, th• total o~ th• ~lrst INOn &nd th• propoorty rehabilitation l~an 5hall not ewc.-d ~0~ o~ the -rai•... vah,. o~ t.._ property -clttt...-•ined by a quail~\-appraiser. I~ the loan is ..cur ... by a third or ~ourth deed o~ tru5t, the total of all wenlor lo~ and the property rehabllatatl~n loan whall not e~c.-d 80~ o' the -raa.-d value o~ the property a• clttter•ined by a quali~led -ral•..-. For d~erred loan' only, on a ~•~•-bv-ca.e b .. ,., the Executive 0\rwctor shall have U.e dtsc:ntt\on to ewceed the aaw\-at lo-p..-c.,..>:A9• o~ tN -ratlll40d value o~ the property-.... tnwufflc i omt -u\ty ••••t , but a l•fe-threat.ntnQ haz•rd t s pr..,...,t. MDr .. t ratr, d•f• r•d• .~ •l t• natlvw re1o~a t l~n loa'" .,., \1 b r~u rrd by & ru··o •'• ry note e M d~ ~~ tru•t fa1ed on the prop•rty. c d 1. ~ 1 ~ ~ P ~ All credtt •••o h a\1 b baed only n the \t ant• abil ty to r 8P•Y -loan . ktlon n l a-h 11 not • b eel on, or '"~l ue nc ~ bVt tn. rar•. r -.d• co lo , ~·••o•on. ~tlo~l ~t tn, .. \t l • a •• .... handl ap a~ aqe o t • appll an ... .,th• lty•w pr.....-ty P4'r • I • • o. H. J . • • • The inter•!lt rat~ on the norfnal ,-,..tp ll\;.n portion o'f the loan .. a. t 1 be set a "'i Pf"£''SC I lbt.-d in F .2. .above. The i.ntPrest ratn fflr t f iE!' d•f•rred port ion will H at • OY. p.:-r •nnum lnt•r•st r•te. If the ,appl t c•nt doP5 not. hav~ t~ Ability to repay a co.btn•taon loan, but has an iden~i~ied hazard. t~n the appJa c~nt wi 11 b• of"f".rH a def"...-r-.:1 Joan •t: .-5'X per .,..,.. int.rest rate only to cover t:h• co•t C'f" correctlno the h•~•rd. 5. !U!~Mlil!L-RWl~K;:~li2.!L!.!liM -If" tt,. appl •c•nt l• an ow...,../occupant and i• at or belo• 90X of" the ~\an lnc:D .. and ..t'\o'M!' ,. ... ict.nce ha'S been id•ntlf"led as in.pproprlat. f"ar r~_., th•n the applicant .. ttl be o.-f".,..M a c oeanatton f"K\r .. t rat•l~f"erred Jo.n ba.-d on th• ratio of" thP f" .. lly's .ct'ual Inc-to IOOlt of" thor KJil -\an nco-f"or the ._ f"-lly saz•. The inter ... t rat. wtJI be-pr...:rtbed tnF.'t. --· If' ttw applicant cannot qu.laf'y for a n orC\.Al rat• lo.n, and •• at or belooo 50X of the --sian Inc_, then the -llcant wtll b• of'f"IPred • ...-.:••1 non-ba."" loan at a l'X ~ .,.....,.. l n~er .. t ratP . If" the applicant c annot qualaf"y f'or a noraal r at• lo•n M'\d 1• Mt"....n ~'l and 8011 of" the -lan tnc:o.e, then -appl lca t will be o f"f"•red a .-c••l non-banlr loan at • X per ·~ tnt•r .s ~ r at•. L-ns c o....-no pr-rty ..t>er• the _. •• not r-1-of' -p r -ty alI e -do In a cco r danrot w th poll ,,.. .. t by the Author ty. If' the -1\c at.., • appro-, the__. U..ll 019..--, f"ar a _,.,,. of ,.., y.-• to • Ctl not con,....t .--I Ita ed t -In ... -ship a'f"t- tM proJtte:\ JetedJ C"l not dtscr •l nat• aval"" pro tenant• on th• ba I• of' thei r receipt af', olaq bll tv f"or , hou• no •• !stance under any f'.o.rat, otato or local houslnq as lstanco pr....--o Ce ..,t: f' r • ,...-o)ec\ f"or ....... ,... •J-Iy -_, on ~ • that the t-t• ....,_a • chit• ...,. •Ill be ,., .. ,d i ng .. th t-1 and C:ll ,..rtl r •,.• o In tho " f"t -u-"'" tlno Pr«>e41dur,.. of-Au ratv f'oll ••no ttw ,_,,.. oi' the 1" '· • I . v. • • • 3. Al!~~n l Y~---~lg ~~!i Q ~---~~~D Repavment o f ~pec&al non-bAnk 1oan5 ~hall be aade in equal ~nthly ln s ~all.ents of principal and intere ~t duw on or ~~orr th~ ~ir•t of each ~nth. A.pay .. nt shall be •ade to the proor•• ~ccount. The .onthly in5t•ll .. nts will be ba5ed on an ~prowi .. tely ~nty -y .. r t~• and the ApPlicant's ability to r~ay the loan. The ..,nthly i,.,.tal t_.-.ts N i 11 not ettceec:l the Section 8 EYistanq guidell~ for rent det•r•lnatlon. The Author•ty or ~ignated official ~II then eKaalne and evaluate -appllcation, t-ther •ith all .--.ari!CI r.ports and ~lndlngs, and elt~ approve, r.Ject, or .odt~y and -.-o..,. ... ch -location. The decislon of the Autt.ori ty .,.all be fiNO I and btndlnq upon the -• •cant. VI. All f.-., r-d by -locants ..... 11 be -only for si•ilar loans o~ hou•1ng r~h~ll t tati~n a ~•• anc• to -licants appro~ by the Author ity. Vrt I. II . I , •• II . Ill . The Authorlty o r de ~lgnated offo c •al 5hall app r ove all loans u~ thi s p r oor.. by ap~roprtate aon Mhrn .. t tsfactory ev•dence r f the f o ll-•nq has been aub I t I!CI to the Au~rltyt A . Appltcant h a g od t t tle t o the r .. tO.nce . B . Loan appllcan • shall have wufft l ~t equ ty ther e n to Justify .. l d l o an . c . llllpplacant h• .nt·.rflld tntt'l • ...-ttt.n c ont:rac t o n f or to be .ppr1>~ by the Aut"hor •tv ••th • -""" a r -taty lie--' t o pe.-for• and .._,., • ,.~ ,,. r _,ired t r..,all .ht te ttw r ,...,ne-e . o. Th.~ Ald r •t ld •Ill be ... 1nta 1 All ....-- -Jtc·-t• -t•..._ -10 •• ft• r~i lt •t • n nd r~a•r•. In a 58 1 fa tory---. ,. ..... th n t • XIV. XV. • • • Thl• Aqr-nt MAll be bindinq upon the p Arties hereto And their succ--rs. Thl• AQr-nt supersedes •nd repl•c .. •11 other •Qr .... nts bet...n the p•rti-re1•tlnq to the Hou•lnq Reh•bilitAtion LoAn provr-. JN WJT111EB8 WHEREOF, this Aqr .... nt hAs been ewecuted •t Enol.-ood, Color~, this ------d•v o~ --------------• 198 __ ATTOTt ........ ll-111 -..u -Dt .-.cter CJ TY OF ENIJI 0«100 ~ ~nlcipAl CorporAtion lly I -------------------....... VAnDyke, ,..yor ,_ f)C!(JO HOUII l.. MlllCiftl TY 1¥·-~--~~~---------------~:J .... r- O.Ai r -n • • • DATI • • • C 0 U N C I L C 0 M M U N I C A T I 0 N SUIJICT Colf Course Conc ess ion Agree~ae n t D ec e~ab e r 12, 1988 AODDA lTD ll(f) IliiTIATID IY Parks and Re creation Depar t .. n t ACTIOI ROPOS!D Ap proval of t he Colf Course Concession Agree~aent Th second 9 holes of th En&levood Municipal Golf Course and nav clubhouse v r op n d ln July, 1982 . Concession operations include a snack bar , full service ki chen vith a dlnln sr a and tvO s .. ller dlnlna roo-a and bar a rea for opera ions avera & $220,000 annually, vl h a potential Cor &ood aolfl e a a sons . Th re a re noraally 60 ,000 to 6S,OOO round annually a od lclpa l Golf Course vlth 0 tna hol l 11 hol or hr 's Club pt • r rvlt' s, • I . • • • HOURS OP OPERATION a) From April lat through September 30th of each year, the Concessionaire shall operate the reataurant facility aeven (7) day• per veek and during these months ahall be open each day to aerve .. ala to the public at the hour of 7:00 a .m. and remain open until at laaat 10:00 p.a . b) During the aontha of October 1 through Karch 31 of each year. the Concessionaire ahall operata the reataurant facility aeven (7) daya per veek and during these aontha ahall be open each day to aarva .. ala to the public at the hours of 9 :00 a.a. and raaain open until at laaat 8 :00 p .a . c) Sunday and Chriataaa Day cloaing at 8:00 p .a. la paraittad . Nothing herein ahall be conatrued aa prohibiting the Concaaaionaira froa being open for other houra in addition to thoae atatad in paragraph• a and b above . The Conceaalonaira praaantly is paying 10' of grosa salea (excluding sales tax) under a teaporary agraa .. nt until the data a liquor licenaa is isaued and effective . After the liquor licanaa becoaea affective, the Coocaaaionaira vill pay aonthly ren •• followa : 10 uc for aonths of Nov e.r, Decallbar, January. February and Karch for aontha of April, Kay , June, July. Aucua • Sept lib r and October o all grosa aalaa (excluding aalaa tax) in xcaaa of $2 0,000 p r cal ndar year , lncluaiva of revenue derived froa catering sarvica1 orlglnatln !ro tba raata\lran . TlOI approv t A&r n for ol n th Clty o and Vtctorla •• • • RESOLUTION NO . SERIES OF 1988 • • • A RESOLUTION APPROVING THE GOLF COURSE RESTAURANT CONCESSI ONA I RE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ANDERSON-MALLOY , INC . WHEREAS, Anderso n -Malloy, Inc . (Woody's) has b e en s e l ec t e d a s the conces sionaire t o o perate the clubho u s e r estaurant at the Engl e wo o d Golf Co urse; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF E GLEWOOD , COLO RA DO , AS FOLLOWS: Sec t ion 1 . The Aqree n between the Ci ty o f Englewood and Ande r son -Hall o y, Inc . rc a urant /conce ssion s erv i c e a t t he nglewood Gol f Course is her b y appr o ved. A copy of sai d greem nt is attached hereto and inc orpor ated herein by reference . :r-:~,.:-;::~.::.3 • The 1 yo r aign and a ea of Ci y Council nd he City Clerk are h reby he Agr men d scribed abov nd he Ci y o Englewood . ADOPTED '0 APP~OV D h 12 h day of Dec "b r, 1988 . P rlcia H. Crow, C{ rk 1' Color o . -· p Cor I • • • • '. • AGREEMENT THIS AGREEMENT, hereinafter called "Lease", made and e n t er e d into this rday of ~cr,.4<-, 198j__, by and bet11een the CITY OF ENGLEWOOD, a Colorado Runicipal corporatio n, hereinafter r eferred to as "City o r Lessor ", a nd he r e in a ft e r refe rre d o as "Concessionai r e o r Lessee "; \ IT ESSETII: \1IIERE A S , he C y owns c r IU!'\ r al property which is ltno n as h En l ·o~ood tunic1p 1 c;ol cour , hereinaf er called "Col cour .. an<\ loca d in h Ci y 0 h nd n ; and h Ci y nd h 0 n r n 0 " au ran n 1 d r 11 l -a - I • • • Section 2. Grant. The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as its restaurant concession, together with the improvements thereon, located at 2101 1·:est Oxford Avenue, Sheridan, Colorado, (see Exhibit "A") for the purposes of serving food and beverages, including alcoholic beverages, and for locating optional vending machines to be used in the purveyance of food, s nacks or so ft drinks, and Concessionaire hereby leases from the City the Premises and improvements therein . Sec ion 3 . Definition of Premises . Th Prenise s referr d to herein is defined o be h golf clubhous r stau ran and lounq vhich is owned by the Cily of ngle ood, Color do . 5ee Cxhibi "A". Pr ises for proposed food nci b v raq ions ah 11 includ h Col Cours fa:~.rw y s n IJt' ns . ~0 h n h r in 9iv • Cone asian ir any r gh 0 wi h or n th h Col course cour f L f 1rw y nd fJt' n ' Pro hop and 11 0 h r Gol Cour iona. Cone ion r 0 on •• 1 h • -• • • the liquor license is not granted and in operation on or before January 15, 1989, the City may terminate this Agreement. The City hereby grants to Concessionaire the right to hold the Leased Premises pursuant to the terms of this Lease for an initial term o f five years and commencing on -----------------' the date of this Lease (hereinafter called "initial Lease terM"), and ending on -----------------' unless the term of the Lease is continued or terminated as hereinafter provided. Sec ion 5. Option for Additional TerM. Concessionaire may ex end this agre rnent for two addi i on al two y r terms , prov d d how v e r, that h Ci y sh 11 hav he r igh t o incr aae he monthly ren l or p rcent of gross a 1 s or bo h b d on h Con u r Pric Ind x or e r v nu a o Cone aston 1 r for 1n t ial Con aaionair ah 11 not! y h C1 y o in en for a di ional r • 1n writing no ya prior 1on ~ 0 h d h Ci y ah n vrl in of ny l or r h n , 1 n 0 nnu<l gross o con inu h •• h n six y ( 60) or h c salon ire no 0111 y I • • • • ' Section 6. Use of the Premises. Concessionaire shall have the right of possession of the Golf Course Clubhouse for the purpose of serving food and/or beverages , including alcoholic beverages, for consunption on the Golf Course . However, nothing in this Lease shall be construed to authorize that which is prohibited under state or local law, ordinance, code or regulation. The Leased Premises shall be used by Concessionaire for he purveying of alcoholic beverages as the same may be authorized by and r gulated under the Colorado Liquor Code, Section 12 -47 -101 , et seq ., C.R .s., and for the operation of a re aur n Cone ssionair sh 11 op r te he Leased Premises in ca ful, sa I qui I ord rly, nd busine li ann r. Cone,. sion ire ha l no us or p rru h pr is s 0 be used for any 1rpo e a proh1b1 d und r he laws of h Uni ed s a II, • u • 0 he s te of Colorado, or o d.inanc s, r ~ula ions or Ci 'I of nd h C:i y 0 Sh rj n. 0 ny n Con ss on propo s on h rov D1r c or 0 11 nr on bly ly. I I • • .. • machine at the clubhouse or on the premises that dispenses food, snacks or beverages without the express approval of Concessionaire . Section 8 . Menu . The Concessionaire shall provide an attractive menu for breakfast, lunch, and evening meals listing meal items, b e verages available and current pricing. Menu s , pricing and ch a nges to menus or pricing of menu items s hall be reviewed and a ppro v e d b y t h e Di recto r of Parks and Recreat ion. Sec ion 9. Hou r s of Op e rat ion . A) Fro Apri l 1 st hroug h s p t mb r 30 h of ch y ar , he cone sa ion ire sha ll op rA re auran !aelli y s v n (7) d ys r"' elt nd during shall b cp n ch day 0 a rv ala 0 t h publ e A t hour ot 7:00 nd r in 0 n 11n il 1 •• 10:00 b) Our r n hs of Oc ob r l hrough ch ll 0 ch y • , h Cone •• on r sh y v n 11 n h r o :00 0 0 • • • disagreement, the matter shall be referred to the Directo r o f Parks and Recreation for f i nal decision. e) Concessionaire, with the written approval o f the Ci ty Manager, may temporarily close the restaurant facility f o r cleaning, construction and maintenance. Section 10. Rent. a) Co ncess i ona ire s ha l l pay r ent t o the Ci ty in accordance with the f o l lowi ng s c he du le : 1) Effec t ive on the d ate t hat Co ncessionaire b gins busin ss op ration and until t he date that liquor license is i su d nd ffec iv , h Concession 1re will pay 1 as r nt to h Ci y in an a.oun qual to en r c n (107-) ot CJroaa sal s xcluding sales ax). s id r n sh llb paid on t 10 h day 0 ch or • los a in ng non h. 2) c nc1 on h hr 0 r h li or Cone •• ona r 11 y r, r, r or h I • • • payment is not received by midnight on the 14th day pa s t due, t h e Concessionaire shall be in violation of the terms of th i s Agreer.ent, and subject to termination. b) In a~dition to the fixed monthly rental as specified in this Section, the Conces s i o naire shall pay an amount e q ual t o 1 0 ~ of all gross s ales in excess of $240,000 per calendar year, payable on or befo re February 1st of each yea r. Gross s ale s shall incl u de any r e v enue de r ive d from ca t ering s e r v ices o r i ginat i ng fr om t he r est a urant . c) Fo r pu r poses of th 's Lease only , the following shall be excluded fron gross sales: (a) all sal s ax which is bo h collec ed by he Cone ssionair nd r itted by th Concessionair to any or 1 g ncy; and (b) h aPOunt o any refund or cr d1t ctually or glv n by Cone ssiona1r for of wh n includ d y Conce sion tr 1 s. For purpo ov , " ros ssion lr c! I • • • d) When the City meeting is an official business meeting with a meal, there should be no set-up charge ; an official City meeting without a meal shall be charged a set-up fee . If the meeting is an unofficial meeting, with or without a meal , the set-up fee can be charged. For clarification , an official meeting is a meeting called t o c o nduct off i cial busines s of the City . Sect ion 11. Utilities . City shal l p r o v i de all u t il ity c o sts f o r o perat i on wi th the exception of restaur ant telephone . Concessionaire shall be efficient in the usc of utilities . Section 12 . rvice and Trash R Cone ssion ir agr to p y o h Ci y on half (1/2) of th cos 0 val an j ni oriel s rvic 1n h club hou wi hin 15 day o b1ll n e City . -• • • Section 14. Signs. The City and the Concessionaire shall share equally in the cost of installation of a sign or signs at a location(s) and containing language that is ~utually agreeable . The City shall thereafter assume the obligation to maintain said sign(s) in good condition and pay all cost of any maintenance. Section 15. Physical Facili y and Equipment. City agre s to provide space, fixtures, equipment and furnitur for an equipped kitchen, bar, lounge ar a, grill, nack bar and ~o d1ning/ et1ng roo~ . Concessionaire agrees not to v x stin p rtitions or p nt rs s para in dining ar a and lounge wi hou th 'ritt n p rni sion of h D1r c or of Pa s and Recr a 10n. p di on 1 o h Dir c or o • 11 b by ucu 1 I -• • - b) The Concessionaire shall be responsible for repairs and/or replacement of light bulbs, furniture, small appliances, dishes, glasses, silverware, and other equipment and miscellaneous cooking pots, pans, and u tensils provided by the City. section 18. Security. Concessionaire is responsible for the o bta ining of theft insu rance covering all food, liquor, and oth r supp lies and personal property of Concessionair Such policies shall contain no riqht of subroqation ag ins Ci y . Conces ionaire shall provid a copy of th policy o th 0 r c or o Par s and Recrea ion . uhldpr 1on an ah 11 nd co\lrt 0 y • li 11 l. r sh 11 l • loy • ch 0 an, poh c. r -• • • Section 20 . Licenses and Permits. Concessionaire, at its own expense, shall secure any and all licenses and permits for food services and purveyance of alcoholic and non-alcoholic beverages . Concessionaire agrees to promptly initiate an applicatio n and obta i n a Hotel a n d Restaurant Liquor L i cense pursu ant t o 1 2 -47-101 et seq . Conce s sionaire shall r ei~ur s e t e Ci ty f o r all l i cense fees it has p a i d to Sh eridan a n d h e Sta te o f Co lorado . Section 2 1. Com pl iance with S tate and C ity Health Code s . Concess ~ona i re sha l l keep all conc ession a reas i n a c lean and s nitary con d i ion a all ti s and shal l comply wi t h all state , coun y and ci y he 1 h law relatin to th disp nsing of food and bev rag s. r, . ll hav s1gn or & ing • o r1 h , au hori y or po~ r h1s con r c or any p r t City rfo 5,000.00) 0 nc ran 0 o a 11, r of . in ing • I • • • keep in full force and effect during the term of this Lease statutory Workmen's Compensation coverage. b) Indemnification. Concessionaire agrees to indemnify and hold harmless the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and against all liability, clai~s, and demands, on account of injury, loss or damage, of any kind whatsoever, which arise out of or are in any manner connected with concessionaire, if such injury, loss, or d&Qage is caused in whole or in part by the act, omission, or other fault of concessionaire, or any officer or employee of cone ssionaire. Concessionaire agrees to investigate, handle, respond to, and to orovid defens for ny such liability, clai s, or de nds a h sol xp n e of concession ir , and qrees o b ar all ot er co and xp nses r lated thereto, incluchnq cour cost s, wh h r or not ny such 1 b1li y, cla1ns, or raudul n c) l,!\Suranc ands all d are 9roundle s, als , or 1. c nc saion ir o procur nd 1n, a i • o o insure p rauan o cos , policy or pol1c1 • o 1 hq io ly I 0 I • • • • • (a) General liability and errors and omissions insurance with minimum limits of ONE HUNDRED FIFTY THOUSAND ($150,000) per each person and FOUR HUNDRED THOUSAND DOLLARS ($400,000) per each occurrence, plus an additional amount sufficient to pay related attorneys' fees and defense costs. 3. The policies required in paragraph 24 (c) (2) (a) above shall be endorsed to include the City of Englewood and the City of Englewood's officers and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by he City of Englewood, i s officers, or i s er.ployees, or carried by or provi~ed through any s lf-in urance pool of he City of Englewood , shall b exc as and not con ribu ory insurance to th t provid d by Concess~ona1r • 4. ~ e cert1 icate of insurance p rovid d by th C~ty of Enl]l wo ·~·11 b c pl d by h cone aaion re•a insurance V1~ policua providinl] r 9••• • n •• condi ion • 11 ~ . r 1n ull • and d by y 0 or c d 11 11 1 1l y 0 l ll • I • • • A certified copy of any policy shall be provided to the City of Englewood at its request. 5. The p&rties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary linitations (presently $150,000 per person and $400,000 per occurrence) or any other rights, immunities, and protections provided by the colorado Governmental Immunity Act, Section 24-10-101 et se q., c .R.S., as fro ti~ to time anended, oro herwise available to he parties, their officers, or their enployees . G. Liquor Legal Liability Insurance, setting out $500,000 for injury or dea h of any on person ; $1,000,000 for injuri s or dea h occurring as r sult of ny on accid nt; $50,000 for pro r y ta~aqe; ~nd $500,000 for produc s li b1li y. A c rtific~ v1~ ncinq id insuranc policy sh ll kep o n 11 w h y Cl r~ of Ci y and ah 11 hav prov1s1on h& ah 11 no b alt red, n~ d, or can~ 1 d w1 hou i a qiv nq vr i iea 10n C pr or ur i 7 . l ya y C1 y con o l1 l • • • • expressly waives any cause of action or right of recovery which Concessionaire may hereafter have against City for any loss or d~age to Leased Premises or to any contents or improvements thereto belonging to either party, caused by fir e or explosion. Section 25. Fire or Natural Disasters. I n the eve nt f i re o r natural d i sa s ter re n ders t he cl u b h o u s e and i t s concess i on f aci l i t ies inopera ble, the Conce ssionai re sh all be released from he terms of compensation to be paid the City until such tine as the club house and its concession facilities are declared open and oper ble by the City . If in he ev nt such concession f cili ies re not open and opera~le within a period of one hundr d w nty (120) days rom he i. of such d s st r, Conce s1on ir has h righ o rnina i s con r ct nd L as wi h h Ci 1 asp r Sec ion 27, T ination of Lea , con ain d h r in. c -' let an ks nd r • n I . • • • Section 27. Ter~ination of Lease . a) The City may ter~inate this Lease upon thirty (30) days written notice due to breach or violatio n of any terms, c o venants or conditions of this Lease by Concessionaire. b) If the Le ss ee is in any violation of law or regulati o n of the United States of America, State of Colorado, or City of Sheridan, relating to o r affecting the Liquor Licen se Operatio ns the Les sor shall have t he r ight to t ernina t e this Agreement i mr.1edi a t e ly. c) Concessionaire nay teroinate this Lease prior to expiration without pen lty upon ninety (90) d ys written notice o he City by r gis cr d ~ 11. d) T. p rti aqce ha le(;pti~a e conplaints concerning unsa isf ctory opera on or scrvic sh ll b suf(ici nt reason for his L as prov1d,.d lh t h c · "I finds, ft r nv. l'}A ion, th s rv c or llp ra 1on is iafac ory 0 h Ci y and n • r jus iti d. Th c y sh ll pr ly no i y th Cone as ion of ll 1 pl in • n ~iv r on 0 Co e ssion h: o r dy h 0 n • 11 l1 0 I • • - • • ( • • • any valid lien or claim which City may have for unpaid fees. Provided also that if said removal causes any damage to the premises, said Concessionaire will repair the same in a proper and satisfactory manner at ita own expense . All Liquor Licenses, shall be transferred to the City of Englewo od . At no time s hall Concessionaire terminate, alter or su rrend e r the Li q u or Licen s e without approval of the City of Englewood. The Co ncessionaire shall be su.b ject to in j u nct ion t o prevent surrender or inju ry to the l iquor license. Upon ter in~~'on, the attached Power of At t o r ney sha ll be operative and shall allow the City to operate the establishment pursuant to law. In the event the liquor license is transferred to the City ot Englewood, the City shall pay the Concessionaire $2500 .00 less any offsets allowed by the prior provisions of this Agreement . s ction 29 . Notices . All no ices, d Nand• and c~unica ions hereunder shall be personally aerv d or giv n by c r ifi d or register d ail, and: A. lf in end d for L ssor sh 11 be addr sa d o Lessor a : w h co 'I o: • I 1ft L 0 -17 - I • n with a copy to: • • • Anderson Halley Attention: Greg Anderson 2101 \·lest Oxford Avenue Englewood , CO 80110 Dill and Dill, A Partnership of Attorneys Attention : Daniel w. Carr 700 East Speer Boulevard Denver, CO 80203 c . Any notice given by mail shall be deemed delivered when deposited in a United States general or branch post office, addressed as above, with postage prepaid, or when served personally at the applicable a~dress. Section 30. Entire Agreement. This Lease , tcgether with the exhibits attached heroto: A. Contains th entire agree nt between the parties ; and B. Shall b gov rn d by h law ot the State of Colorado . S e ion 31. Severability. If ny cl uae of proviaion ot hla L • la illegal, invalid or un n ore bl l,Jnd pr • n or u ur 1 wa e uring the 0 h in ion of Y• 0 on • 0 hl ov h j nv r 0 0 ov n • :a I • • y ?ti In • • • • section 32. Captions. The caption of each Section is added as a matter of convenience only and shall not be considered in the construction of any provision or provisions of this Lease. Section 33. Binding Effect. All terms, conditions and covenants to be observed and performed by the parties hereto s hall be applicable to and binding upon thei r respective heir s , administrators, executors, s uccessors and assigns . IN WITNESS WHEREOF, the parties hereto have hereunto set h 1r hands and seals as of the day and year first above written. CITY OF E~GL L ssor 0, COLORADO BY------------------------Mayor cl I • • -• • • Concessionaire hereby gives to the City of D'lgl-m the authority to operate a Liquor Ucense at 2101 west Oxford Avenue, Engl-m, COlorado, pursuant to lllllf. "nle City of Engl~ has the authority to transfer the license to itself or a third person of the City's choosing. This Power of Attorney shall be cperative only if the lease with Engl-m and attached hereto is terminated. "nle City shall prai{ltly make application for transfer . City shall also have full liability for its actions from effective date of the Power of Attorney. "nle effective date of this Power of Attorney is the date of termination of the lease . At no time before or after exercise of this Power may it be revoked by Concessionaire. At no time shall Ccnceasionaire surrender the Liquor License for the prer:U.ses at 2101 \ t OXford Avenue, Engleo.«:led, Colorado. Co l l ) ) By: ~c~i~t-y-o~f~Eng~l~~~-------- Ttl t : y o ----· 1 - I • • RESOLUTION NO. ~ SERIES OF 1988 • • • 14 (b) (i) RESOLUTION RECOMMENDING THE APPOINTMENT OF BEVERLY J. BRADSHAW TO THE STATE JOB TRAINING COORDINATING COUNCIL BY THE GOVERNOR OF THE STATE OF COLORADO, ROY ROMER. WHEREAS, the City Council has the duty to make recommendations to the Governor of the State of Colorado concerning the statewide implementation of the Federal Job Training Partnership Act and to make recommendations concerning appropriate coordination, linkages and improvements among employment, training and related programs by state and local entities; and WHEREAS, City council believes that Beverly J. Bradshaw, former Mayor Pro Tem of the City of Englewood, is well qualified for a position as a member of the co .. ission; and WHEREAS, &everly J. Bradshaw has been trained as a high school teacher and counselor and has extensive experience in job training; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, THAT: A , c lo . City Council hereby reco ... nds .... rlJ J. ara~ for ppoint .. nt by the Governor of Colorado, Roy Ra.er, to a thr -y e ar term on t~ State Job Trainin9 Coordinating coun ci l. AOOPTED AND APPROVED this 12th day of Dec.-ber, 1988. s usan van Dyke, Jtayo r 11. Crow, rk I, p Ci y 0 od . o, co y 0 ion -· I • • RESOLUTION NO. SERIES OF 1988 • • • 14 (b) (ii) RESOLUTION RECOMMENDING THE APPOINTMENT OF DONALD FULLERTON TO THE STATE WATER QUALITY CONTROL COMMISSION BY GOVERNOR OF THE STATE OF COLORADO, ROY ROMER. WHEREAS, the Water Quality Control Commission is the designated water pollution control agency for the State of Colorado; and tffiEREAS, the members are to advise, consult, and cooperate with political subdivisions affected by the provisions of 25-8-201 C.R.S.; and WHEREAS, the City Council believes that Donald Fullerton, now a ~mber of the Englewood Water and Sewer Board, would be an asset to the Commission and desires to recommend him for appointJDent by the Governor to the Stat \'later Quality Control co-ission; and WHEREAS, ~\r. Fullerton is an Engineer by training and profession and has extensive experience in nvironmental issues; UOW, THEREFORE, BE IT RESOLVED BY THC CITY COUNCIL OF THE CITY OF El~GL!WOOD, COLORADO, THAT: City Council hereby recomMends Donald Fuller on of the Englewood Water and sewer Board for appointJDent by the Governor of Co lorado, ~oy Ro r, to the S a e Water Quality Con rol Co~ission. ADOPTED AND APPROVED this 12 h day of Dec P rlcla H. Crow, ci color o, o. _, K. c rk r, 1988. 0 0 I • RESOLUTION NO. ~ SERIES OF 1988 • • • 14 (b) (iii) A RESOLUTION APPOINTING ROGER FRASER AS CITY MANAGER FOR THE CITY OF ENGLEWOOD, COLORADO, AND FIXING HIS SALARY FOR THE YEAR 1989. WHEREAS, under authority of the Englewood Home Rule Charter, Article VII, Section 49, the City Council is empowered to appoint and fix the salary of the City Manager who shall be the chief executive officer and head of the administrative branch of the City government; and WHEREAS, City Council has made its selection of a new City Manager; NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Roger Fraser shall be and is hereby appointed City Manager tor an indefinite tera, as provided in Section 51 of the Ho.e Rule Charter, ca.aencing January 16, 1989. Section 2. The salary for the City Manager for the year 1989 shall be .68 ,000. ADOPT!D AND APPROVED the 12th day of Dee r, uaa. p H. Crow, c{ y Clert t, Patricia H. Colo , h r by c o. ____ , ri o •• I . • • • · · n f' ... 1~ , ·,. r' n p .. c (>! ~~ '..i tr !'n •oos a riC t dlil 'I IOuL. f 'I I f I !'I If •I 0! 'I.. (' 1 ( Y 1 r r• gan J. 1'1 1 y L In.~ Y Pilf 1fo0 rt lt.c::.L 1/ !'il":l(' I !1 r·c •mr tr-t,rn o n jy t d tJ' w··r. '.tA v t-ra ·,,-,rt n·i \) f•rflct·~~l n · t•t'l'll rttl, 1ro,. i.l rt ~jlnoJ t ~o~~l'!<lf' "lt.Ot'l llttJ nq a•t rn • '• o r.._ • t 1 n • 1 r n q u · u p r u l ' H: H' n 1 1 • 1 r .. t 1 • d s •· • ~' 1 u :; r 11'1: .•Pd f 'll. ll •r~ l•u .n.:nv irlll•l'~ Jrc•lll tnrnu<;no ut tn •· :1.:• .• '0:""1 • !li •i!JPJt('C' lCf rn 1.~ po.; llftO . ld lt 1 t tl" n t·IP O f •c·1 r y 11 <\o 1 , t • .. ~~: ,t, o .~t.o an ·1 01 r. Htl 1Hl!a•c a r~, c w.•r t tb l<' '' rP 'l lH'P our 1 1:·1 .1pplt·.,r.t!: t.1o wu •t. f')(. '!0 1 !i r ,, r.t t 'O·S' <'•1"l 0 1lll•·, ... ~ "";.::7 eSt r.tfltt t .~ r> ,t . 'rf ~' ... 1tc Cl! · : o t n .. o; .tt f'r r·r 1 ,,. J VP !~Pdr'"·n nq d f.1 1 ~lt fldl'IJ J l"n P ''f l •lflf.f•(j •Y .~ •• Ut IIIII I (If oo(l(• '" '11'.'1 ··•r.r:IIJ,P • r "'"· pu t 11 0 111 I lo ut !1:;r ..1 1 trlll,l p.t .;r.n : n•· ,. I ' ' r.r· 1 ••r n "Y r"•t l1 c·uuo•~ll 111 J '• .t J lr.•t ·r.~·l V P t ! 1 • y • • • • l I II • y l '' ~ I I • • -• • • '"l <~•t· h r t.•y : on tn Kn i]J'WP ~•rl , t J ~c--u ~;p t:t• c.Jn c nnLnu ' L O tl t' ~~t ry t·..:unr,p r nt .on t r~nut o r 1 n lllP r.:>!:•r:Lan tn<tng P r ~ rot t lifi .JPII e r , ~Ill 'l tlnlJ l! fl ' C"lOOS~'S 0 mttV(' f•n. I r•,n !ln I y q, V• 0 •1l r•t C":;t . . .... r.e.::.n .:>e, 'lt· '.lndr•ubt PrJiy 'S ,·a ;'.; ~~· oJ tt:r ",l11 1 nq rl Jtlll H le rJq 0 (' •Y ma:~aqp r Jn IllS (IWII ~rgn .... i'rt , JJr cou .!.d n 't ndv l' ,n·n f' 1 1 \Jtln u u t I • • • • • k<:> 'i~ •)fJf r umty ''>"'X[. ""'oS r~"i' 'tll~ a:imtr .. eo P~> .:.· V r5 1:: u.~ I . - • RESOLUTION NO. SERIES OF 1988 • • • 14 (b) (iv) A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1989. WHEREAS, the City, by Charter, has the responsibility to adopt a Resolution determining the salaries of Council appointees and the Municipal Judge; UOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The following l!nnual salary for the ~1unicipal Court Judge and da i ly salary for As s ociate Judge s are h e reby e s tablished for the calendar year 1989 , t o wit: Uunici p al Court J udg e $ _______ _ Associat e J udges *----~p~e~r~d:aLy ADOPTED AN D APPROVED t h is 1 2th day of December, 1988. Susan van Dyke, Mayor ATTEST : Patricia H. Crow, City Clerk I, Patricia H. Crow, Ci y Cler or h Colorado, h reby cer fy h abov is a ru lo . ____ , Ser • o 1988. p 1C /. c y 0 eopy o • Cr R • • • • ~a --- Verbatim transcript -City Council Meeting December 12, 1988-Item 7(b), (c), and (d) Keena: Good evening. I didn't bring my agenda this evening so I was not sure of the agenda item when I signed in. I believe it's Council Bill No. 44 -the labor relations proposal that you are thinking of putting onto the ballot this fall. Do you have that there? At the ti.e the whole labor relations section of our charter was written, 1 was on City Council and then when I got off City Council about a year or so later I went on the Career Service Board and served on that group for about three years when we wrote the procedures. And I think there is so.e history there that perhaps •ight be helpful to Council. 1t was an extre.ely long drawn out process -we didn't spend hours, or days, or even weeks on that charter amend~nt, we spent .anths on that thing. 1t was originally proposed by the Career Service Board to City Council at the ti... Council took the approach that whatever that section of the law read, and 1 think we all agreed that what was in the charter prior to that was perhaps inadequate to what we needed, that we wanted unity, so we had the .-ployees, we had the unions, we had the Career Service Board, we had .anage.ent, we had Council, we had Career Service Board attorneys, we had union attorneys, and we had City attorneys. And good labor law attorneys worked on that whole process. We bartered and we traded and we argued and we negotiated, and we ended up with, 1 think, what is about ten pages in the charter. But a section of the law that is very, very interdependent, okay? 1 a• sOIIewhat concerned that you .are consideri119 one section. 1 think if you went back to the public hearings at that ti .. , you would see that that s.ction was specifically addressed, that .edifying the d.cision of .an191111nt was considered risky, that all sides argued about It, that we discus sed it, that we traded certain things away for it. 1 t back Into ~ •lnutes to stt if I could find what was traded • at A was traded for 8, was traded for C -you can 't track that tnd of thing . lut I think that if you 're going to look at tht labor rehtt011s s tion of tht charter ndlltnt, you nttd to loo at t le thing . ltcause It Is v ry Interdependent, t is ed ly COIIPlex. I thhdt If you COIIPare at have In Engl , c rtatnly to any city In Colorado, and I • beginning to suspect tn l eftttre nation , you will find that ours Is extr ly CCIIIIPltx nd ftO to loo at n holat on . I th n tt Is .,ortant to c nd loo at tho s •tnut , loo at t at to y' t pa d to t are today . t n r of story r s . • t tl 1 1 It t , • • • negotiate a better deal. They're going to get another shot at the disciplinary action. That is by far too subjective for a citizen group to handle. They can handle facts because you have to say did we, or did we as management follow the process, did the City handle this correctly, are the rules fair and is this thing just? And again the system works, okay? You are winning cases under that law. And it is fair, and it is just. I read last week that you've hired a new City Manager, at that point, added another argu~nt, I guess to MY plea that you not vote yes on this thing this evening. If the newspaper is correct you have hired a City Manager who has eight years of personnel experience. When he beca.e an applicant, I a• sure he read our entire charter, said "do I want to c~ to this City?" He's co.ing with certain preconceived notions about your personnel systeM. He read, I .. sure, that whole labor relations section and has said "yeah, I can deal with that.• And now you are proposing to take that privilege, that right, or that responsibility away fro• hi•. I'• not sure that that's fair . He's going to be here January 16th, give hi• six .onths, let hi• work with this syst .. , let hi• advise you, given his personnel background in ter.s of what would be best for the City . Let hi• look at it as a unified whole and as an integrated section of our law and .. ke the decision at that point . I don't think there is any great ... rgency, or any real pressing need to get that done now . I think you've got the ti... 1 think you have assUMed the responsibility to buy yourself that ti ... And I ask that you not vote yes on that section on second reading this evening . Van Dyke : Response, Mr. Kozacek? Kozacek : to th I . • • • ---~ Keena: I guess I have two reactions to that, and that is if the very act of my saying I'll put X on the ballot means you need to preclude my actions and put it on the ballot yourself, I think you're asking for trouble. Just because you've been told that there's going to be a petition circulated doesn't mean that you have to perform that civic function for those people. Let those people perform their own civic function and put it on the ballot. To voluntarily open yourself up for the criticism that you are taking this kind of ca.plex issue and making it subject to posters, who writes the best posters. (We all went through a national election and saw, at least aany of us complained about the quality of that election.) There's no reason for Council to voluntarily invoke that upon the citizens. If the citizens ask for it the.selves, Gary, that's a different slant and different issue. You can't redirect every time you're going to have a citizen say, I'• going to run a petition on that, or you're going to passing laws the rest of your life. That to me is not a reason for passing a law, it's whether or not the seven of you believe in it. And I'• telling you I just don't think now is the time to do it. Kozacek: Betty, the problem with that is that, yeah, I could sit up here and give you •Y opinion towards the whole issue, and I've had to deal with this issue for three years, okay? The issue has been a sore spot because we've had so.e casts go through . We've got a lot of e.ployees quite upset with the way this syst .. is. We 've got .. nag ... nt on the other side that's quite upset at the way the syst• is being bucked. We need to co.e to solution to where we could all 110ve on with our lives, and know that our e.ployees are doing the job they are supposed to, and our .. nag ... nt is aanagtng the way they are supposed to, okay? This tssue will go to either a special election or it will go to a general election by MOtion of the Council . It will be our decision tonight tf the Council votes tn favor or in opposition to it ~thtr or not tht City Council will let tt sit on the general election, which ~uld not cost any MOrt taxpayers MOney or whether the pet it tons COM forward and cost us taxpayers MOney for a speci al election . I • • • protect the citizens and provide us with the kinds of services that we need. And that requires a good personnel system -that is your responsibility. It should not be given away to a lay board. Kozacek: Betty, I'• not disagreeing with some of those points. Okay? I won't side one way or the other. I think you've missed the point. The point is that a labor union is going to put it to a special vote. A special ballot, okay, will cost the citizens. It's not whether we agree or disagree to it, Betty, okay? This body will take a stand when it finally goes to an election. Keena: Gary, if you voluntarily put it up and vote on it unanimously this evening, that shows support. And you ••Y argue to the cows ca.e ha.e that it doesn't show support, but a yes vote tonight shows support for that a.end.ent. Van Dyke: Any one else have response to Mrs. Keena? Alex? Habenicht: Your honor, Mrs. Keena, Betty. I have supported this ordinance and this charter a.and.ent. I'll explain to you why. Ever since I've beca.e involved in the concerns of the City this has been an i~ortant issue and it has ca.e to .a, not through, perhaps it has ca.e to ~ attention through ~loyees, but not through ~loyees per se, but through the Career Service Board. We have studied this issue, perhaps we haven't studied this issue as you've suggested, the whole broad range of labor relations, we certainly have been touching upon it. But if we've been studying Career Service Boards, there are Career Service Boards that do have this right to .adify. K .. na : Are they in union cities? Habenicht: Pardon? K .. na : Are they in union cities? Habtnfcht : I btlttve so . tt : They run t glllblt . You find th• v ry tch way . Th re ar thousand of ct ttes across th country , and na : can do lt al l o thous nd of th , huh ? y. • • • Keena: • • • within the community that something was pulled over on them. Whether that's true or not. I don't remember the issue when it came up. But that's the perception that's been related to me by a number of people. I think it's important to clear that issue up with the voters, and that's why I support this ordinance and putting this to a vote of the people, as a charter a.endment. Other than continuing to argue the issue with the Career Service Board. Your points are all very well taken. Well, I think if you would go back, perhaps you already have, to the public hearing •inutes, you will see that it was specifically addressed, I believe by the Chai~n of the Career Service Board at that ti... I don't think there can be any confusion over that issue if you'll go back and read the •inutes and see that it was quite clear. I know there is dissatisfaction with it . Understand, I believe that anybody who had to function under that labor relations would have so.e dissatisfaction with the Career Service Board layered on top of the union, layered on top of .. nage.ent, layered on top of Council. It is extre.ely ca.plex. I .. not saying that it is the perfect law. I .. not even saying it is the best perhaps that Englewood could have co.e up. I .. saying that it was negotiated by so.e of the best tr.ined, .,st cooperative bunch of people who truly tried to co.. up with a law that was helping the City. And if current groups don 't like it, that 's part of having laws . That will always happen, th ere will always be so.e dissatisfaction with so.e phases of the law. And I just, I just ask that you look at th is one as part of the unified whole and not take i t in isolation because of so.e ca..ents that you have recehed without going back and looking at so.e of the reasons why the law reads as it does . Haben cht: I think I do understand why the law reads the way It does, and I do not doubt that at public hearing that those people who re very involved with the Issue at the ti .. , that everything wa s very clear . I do rec all that 1 lot of people in this co..unlty felt, these people talked with ... felt that t way t ssue wa s l"ded Oft the ballot was not clear , and ev If that hn't true, t perc ptiOft Is there . And I ld 11 to trust .••• na : n •••• Tru t ot r u d d fo ) - • • • .. • Van Dyke: Thank you, Mrs. Keena. Keena: That took longer than five Minutes, I'• sorry. Van Dyke: I don't have anyone else signed up to speak. But if there is anyone in the audience who wishes to address Council, please ca.e forward at this ti... Yes. Gruninger: I'• Michael ;runinger, President of the Englewood Firefighters Assoctatton. I was not gotng to talk to this Council, but since Ms. Keena forethought to COlle up and tell how bad this ordinance ts, I feel that tt's only rtght to let this Council know that there was never any bargatnlng over thts charter change when they sat on the Council. They sat there and .. de the charter change, we agreed to It, and It passed. The bargaining c ... In during the ordinance process. Yes, and there was a lot of bargaining during the ordinance process. This ordinance, this charter, Is In your benefit and In their benefit and In ~ benefit. Not In her benefit, because she~· It, and she don't like lt. I'• sorry. This benefits this City, this will unite this City, this will give every .-ployee, every .. n~ter, and everybody on this Council, an even shake. And I -I'• upset because of the things she said up here. She's~· and I will even get the records out, and she's wrong at what she s saying. And tf tllh Council votes thh down, It will go to a special election, I guarantee it. Thank you. Van Dyke: Thank you. Anyone else In the audience who wishes to address Council this evening? Please ca.e forward. Madonna: ~rdoll Madoftna, President of the Englewood Pol tee Benefit AssociattOft. I th1111k you already understand~ position Oft the .. tter, I just want to add ORe thing for this lady's benefit -all th,.. •t•s are 11111ltecl behind thh charter chlftge. Tllat tacludes the Pol tee DeparUitlt, the Fire DeparUitlt and the Englewood EllploJMs AssoctatiOft. They are all saying the s-ttltng . When thts charter _..._nt was passed, we were •tslead Oft a bill of goods, 1M ...., we are trying to rectify that . Me have a fairly deceftt syst•, !Mit there are certain parts of that that are 1110t rltht, 1M that 's .-at we want to correct. n.a..k you . Van Dyke: T111111 you, Officer Madoftlla . h there 111110M else In the alldleftCe who wtshes to address Council? Okay, we wil l •v• on • , I . • • • • Verbatim transcript -City Council Meeting December 12, 1988 -Agenda Item 9(f) Koltay: Your honor. This particular issue, I agree with all members of Council, I am sure is going to be at some point come to a head and really discuss major issues of whether the board does or does not have the right to sustain, reverse or modify penalties imposed by our city .anager. I also believe that this council has had many, •any discussions both individually with our future city manager, and I would hope that he has confidence in our wisdom also to take this on . I think this issue he is well aware of. I also think that the actual Career Service Board, that we're ter.ing as a lay board, is a board that believes it has the power to modify decisions. I think until 1 recent court case, uh, there was so.e doubt shed one direction saying they didn't and then a lot of doubt placed in the opposite light saying they do have the right to modify. I think that in part of the discussion tonight we have created a complex system, and in most cases that system has been working, and I think there is a number of employees who believe in the system. I think the .anagers believe in this system. I think this issue all of Council would like to see resolved. I think there has been enough gray area brought forward over this. I think the employees would like to see it resolved. I think Council want s to see it resolved and I know the Board of Adjust .. nt and Appeals [stc -Career Service Board) wants to see it resolved . I would hope that the manager working under Council, and with Council , would also find it to be In their best knowledge, In their best use . Van Dyke : Any further discussi on? Habenicht : Yes, I concur with what Mr . Koltay said, and I feel that the resolution Is best .. de to the charter by the people of the City of Englewood . Van Oyle: Ol • 7 • I • • • financial status of the City and the well being of the taxpayers, so with that in •ind I will call for the question. Van Dyke: Okay, please vote. • • • I • • • • • /. (! fdl rfZ d!A-·J: 3 D /}_ . 9;{/)tt t~-ZT/Yt AGENDA ITEM PRESENTED BY ----- 3 . f 1' . df--{iibffd~ tl --- q ;_] Ll Bd ff I J.l TS•--------------I • • • AGENDA ITEM _:)~ PRESENTm BY I . • • • AGEII)A JTEit £ tJ./ PIESENTm BY ------ £JIHbt ~~ ;e/zypztlt7 . Afla t~/tf yk_tp;-c,ti. -#--{; ---- / I . • • • • PRESOOm IY ----- ;.;, :-rJJ; ,_(;t{ tU_{_d'~~ J e-J,->t;) I( 7-£~-<iA-?oocl ;_;_;r-f-~ 4--. Y ~?/ C?-> J )/ = j ~l , ~-r /7 ""A I . • • ,· • -~ ------ PRESENTED BY I . • - • • ---- AGENDA ITEM I u _...;::;.._..:=---PRESENTm IY ------ I . • • • • PRESEIITm BY - Tl: _________________ _ TS•·------------------I . • • c1h2}> AGOOA ITEM f e_ C. .c~ J)t. 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