HomeMy WebLinkAbout1987-11-17 (Regular) Meeting Agenda-
CITY COUNCIL -REGULAR MEETING
NOVEMBER 17, 1987
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I. Call to Order
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EN&L£11000 CITY COUNCIL
EN&L£11000, AIAPAHOE COUNTY, COLORADO
Regular Session
Nove.ber 17, 1987
The regular ~eting of the Englewood City Council was called to order by Mayor Otis at 7:33 p.m .
2. Invocation
The invocation was given by Council MeMber Vobejda .
3. Pledte of Alletlance
The Pledge of Allegiance was led by Mayor Otis .
4 . Roll Call
Present : Council Metlbers Hlgday, Van Dyke, Vobejda, Kozacek, Silo, Otis
Absent :
A quoru. was present .
Also pr sent:
5. Minute
( ) COUICIL
PttOVt NUIITts Of
Ay s:
t
Council Metlber Bradshaw
City Mlnager C
City Attorney DeWitt
C ty Clerk Cr
Director Win le, library
Acting Director R ns, Ca..unlty lo n
ltLO KODIDED, TO AI · 1117.
Ol C ,
,.. • cftNu 1 N VI tcw I .
Englewood City Council Minutes
Nov .. ber 17, 1987 -Page 2
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felt Council needed to be aware of various decisions made by the Board; she
stated if the proposed a~ndment were approved, the Career Service Board was
being told to rubber-sta111p decisions made by administration; she presented
copies of decisions •ade by the Board. Member Turner stated that the Career
Service Board was directed by Charter to take whatever action it deemed neces -
sary to effectuate the policies of the City Charter as amended and the or-
dinances adopted thereto, that they were present at this meeting to defend
their rights to ~ify a disciplinary appeal. She asked Council to postpone
action until a court ruling had been received, stating to pass the ordinance
would be contrary to Charter. Ke.ber Pokraka stated the Career Service Board
provides for a balance of power and gives the e.ployees an avenue for appeal.
To take away ~ification rights deprives e.ployees of their due process. She
shared research inforw~ation concerning disciplinary actions prior to 1980 .
She concluded by urging Council to allow the courts to •ake a determination on
this utter. Chairw~an Fleenor advised Council of the public hearing to be
held on this topic on Dece.ber I, at 6:30 p.•. Discussion ensued relative to
the reasons this utter was being presented at this point in time. He ex-
plained that the Career Service Board believes that their right to modify dis-
cipline is an i11p0rtant protection for City e.ployees . Copies of newspaper
articles which appeared in the Englewood Sentinel in May, 1984, were discussed
and given to the Clerk to Include in the record . Mr. Fleenor concluded by
stating that the Career Service Board serves as an essential protection to
e.ployee rights and that the Board needs to continue to be able to decide
whether discipline is appropriate or excessive . The neutrality of the Chair-••n was questioned and discussed.
(b) Officer Gary Kasson, President of the Englewood Police Benefit As -
sociation, expressed opposition to the passage of Council Bill No. 67 a~nding
the Career Service Board's rights to ~ify disciplinary actions of the City
ad•fnistration. He expressed the dfsappoint•nt and confusion felt by the
-.bers of EP8A as a result of this utter being reconsidered since the As -
sociation had been of the opinion the ordinance had been defeated on October
19. He further stated he had been approached by staff in an effort to strik
a ca.pro.lse, but that the Association had not agreed to negotiations toward a
co.pf'Oifse ev~ though he had agreed to discuss the lUtter further wfth staff.
He stated that If this ordfnlftCe is approved, it wl 11 destroy on of th
checks and balanc s provided the .-ploy s, It wfll result in increased exp n-
ses for both t C ty and .-ploy s to resolve futur appeals . He conclud d
by qu st ng C tl to bring till tt forw rd or a d cfsfon rath r th n
hold t un il lat r n t Cou 1 r td but oth r vi tors w shfn to df cu s s J t rd fir t.
1. lon -•~1 14 Vfattors
c p , • to
t :07 .•. t
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Englewood City Council Minutes
Nov .. ber 17, 1987 -Page 3
Roll was called.
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Present: Council Members Higday, Van Dyke , Vobejda, Kozacek, Bilo, Otis
Absent: Council Metlber Bradshaw
A quoru• was present. Mayor Otis asked if anyone e 1 se wished to speak to Council on the .atter of the Career Service Syst ...
Non-scheduled Visitors (continued)
(b) Pete Juene~~ann, President of the Englewood Employees Association
and an e.ployee of the Bi ·Ci ty Wastewater Treat .. nt Plant, questioned the vote
on October Jg . It was explained that the October 19th 3-3 vote was not a de -
feat by Council but considered a "defeat by rules of Council." Mr . Juenemann
stated the EMployees Association hoped this .atter would be settled by defeat-
ing the ordinance, that the Association perceived the Career Service System as
functioning the way it was intended, to change it the way this ordinance is written would be a serious loss to the organization.
(c) Janet Kerzic, 4790 South lipan, returned to the podiull to inform
Council that the judge hearing the leydon case had stated he had to give the
decision SOlie real thought because it would affect the Career Service Board tn the future .
(d) Don S.tth, 3165 South Sher~~an Street, addressed Council with regard
to Council Bill No. 67, warning Counctl that if the Intent and purpose of the
ordinance was tn conflict with the Charter, ft would be illegal and end up tn Court.
(e) Roy Swanson, Business Agent for Englewood EMployees Association,
notified Council that the State Council Is opposing the ordinance, supporting
the Career Service Board lOGS with a nationwide effort on behalf of the Career Service Board .
COUIICJL .._. NI-Y IMD, SUCPIIID 1Y CGIICJL .,_. IILO, TO ••• F-., AIEIDA ITEJ 14(.)(1).
~es : CCMMCfl rs Hlgd ay , Van Dyke , Vobejda , kozace ,
Nay s :
Ab tatn :
Ab nt :
on c rrltd .
lflo , Oth
c c ll 8lll . 67, llfTRODUC£0 BY C
ll R HIGOAY, Tlll£0: ll £A OTIS, R I TROOUc£0
ICIPAL COO 198 ,
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Englewood City Council Minutes
Nova.ber 17, 1987 -Page 4
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Council Member Bilo wished to clarify his position concerning the ordinance
which he stated was an atte11pt to clarify the intent of the Charter, not
change the Charter. It is an effort to ascertain what the duties and regula -
tions are of the Career Service Board. He stated his support based on legal
opinions which had been provided Council which clearly state the Career Ser -
vice Board does not have the authority to modify disciplinary action of the
City Manager. He hoped this action would generate compromise on all parts .
Council Meaber Kozacek stated his opposition to the Bill calling for more com-munication aMOng the parties concerned.
Council Mellber Vobejda stated that it is a •atter of public record that he
previously voted against passage of this Bill, however, to bring it forward
and get ca.plete visibility to the •atter, he will be voting for the Bill in order to get it on the table.
Council Metlber Van Dyke stated her support of this ordinance and commented
that it is critical that the Career Service Board and Council get together to resolve the issue.
Vote results:
~es:
Nays:
Abstain :
Council Me.bers Hlgday , Van Dyke, Vobejda , Bllo, Otis Council Me.ber Kozacek None Absent :
Motion carried. Council Me.Oer Bradshaw
Non-schedul~ Ytsttors (conttnued)
(f) Donald L. R. S.tth, 3165 South Shenun Street, addressed Council regarding two Issues:
I. He urged City Council to oppose a legislative bill being introduced
by Representative Bob Bowen, which would allow Regional Transportation Dis -
trict to Increase sales tax without a vote of the people and also th right to
tax further those businesses which RTD would deter.tn uld benefit fro. rap-
Id transit . He requ sted that Council pass a r solution oppo fng this leghhtfon .
2. He stated tt would be wts r to I'd nc n 1 u r pr
to National l ~ of Cttte rather th n out9o ng Counc
the oplnton that attend nc at NLC ts rt tle bu tr
a r pr nht v o uld sttll be on Coun tl dur ng Heated discussion ensued .
, TO Ill
I TIT :
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Englewood City Council Minutes
Nova.ber 17, 1987 -Page 5
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A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 35 FOR PARCEL "C" TO
SOUTH ARAPAHOE SANITATION DISTRICT'S CONNECTOR'S AGREEMENT WITH THE CITY
OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THEIR DISTRICT BOUNDARIES.
COUNCIL MEMBER VOIEJDA MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, FOR PASSAGE OF COUNCIL BILL NO. 76, SERIES OF 1987.
Ayes: Council Metllbers Higday, Van Dyke, Vobejda, Kozacek , Bilo. Otis
None
None
Council MeMber Bradshaw
Nays:
Abstain:
Absent:
Notion carried.
COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER VOBEJDA, WAS READ BY TITLE :
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 34 FOR PARCH "8" TO
SOUTH ARAPAHOE SANITATION DISTRICT 'S CONNECTOR 'S AGREEMENT WITH THE CITY
OF ENGLEWOOD FOR EXCLUSION FQ THE SOUTH ARAPAHOE SANITATION SERVICE AREA .
COUNCIL MDIIEl YOIEJDA ..,ED, SECCII)O IY COUNCIL MaiO VM DYKE, FOI PASSME
Of COUNCIL IILL •• 77, SOlES OF 1117. Counci 1 Metlber Vobejda COMented that
at the Water and Sewer Board .. eting, it had been pointed out that these two actions were .. rely a switch fro. one District to the other .
Ayes : Council Mellbers Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis
None
None
Council "'-bar Bradshaw
Nays :
Abstain :
Absent :
Motion carried.
Council Mt.ber Vobe jda left the ... ting at 9:37 P·•·
8 . c-.ntcattons and Procl-ttons
There re no Ca..unications or Procl ... ttons to act upon .
9 . COnsent Afenda
Cons nt Agenda It 9( ) wfthdr
COUNCIL IILO IIMD, COUNCIL 0 VM DYKE SECOIIQ, TO APPIOVE CON · SENT AllNDA ITENS t (a), (b), (c), (d), (e), and (g).
(a} Minutes of th Water and S r Board .. ting of S pt r 15, 1987 .
(b) Minu s of th
22 , 1987 . Authority
(c) Mlnut s of th liquor l c n ng Author ty I 7.
ling s o Oc o r 7, and
tfng o Octo r 7,
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Englewood City Council Minutes
Nove.ber 17, 1987-Page 6
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(d) Minutes of the Planning and Zoning Commission meeting of October 20, 1987.
(e) Ordinance No. 62, Series of 1987, amending Ordinance No. 85 for
revision of the vesting provision of the Englewood Police Pension Plan.
(f) Withdrawn
(g) Ordinance No. 64, Series of 1987, appropriating monies for the 1988 Budget.
Ayes :
Nays: Council Me.bers Higday, Van Dyke, Kozacek, Bi lo , Ot i s None
Abstain: None
Absent: Council "--bers Vobejda, Bradshaw
Motion carried.
The following action was taken on wi thdr.-n It .. t(f):
COUNCIL Sill NO . 75, INTRODUCED BY COUNCIL NENBER HIGOAY, WAS READ BY TITLE :
A Bill FOR AN ORDINMCE ADOPTING THE BUDGET Of THE CITY OF ENCLEWOOO ,
COlORADO, FOR THE FISCAL YEAR 1-.
CCUICJL ... 111-Y MilD, su.eat IY CCUICIL ..._. IILO, FOI ....... AI. Of
CCUICIL I ILl •· 71, SOilS Of IM7, • n• IPDI•. Counc t 1 "-ber Kozacek
stated hh oppostttOft to thh 8111 . He stated that u a point of ord er th e
•fd ·•ftaters salary should have bteft approved pr i or to the f i nal read i ng of the bucftet .
~s : COUftCO ....._rs Htgday , Van Dyke . Btlo , Otis Mays : Council r Kozactk Abstain : lone
Abstnt : Counc I 1 r s Vobt j da , lnds h
t on carried . Ord t nanc • 61 , Str t e s of 191 7, was as si gned to this act on .
10 . M ltc Heart"'
p 1 c ul •
ll. Or4t~. lesohlttOftt w , ..
01
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Englewood City Council Minutes
Nova.ber 17, 1987 -Page 7
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A BILL FOR AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY OF EN-
GLEWOOD PUBLIC LIBRARY AND THE ARAPAHOE LIBRARY DISTRICT TO PROVIDE
LIBRARY SERVICES FOR RESIDENTS OF BOTH JURISDICTIONS .
COUNCIL MEJIIER VAN DYKE MOVED, SECCJM)ED IY COUNCIL MEJIIER KOZACEK, FOR APPROV-Al OF COUNCIL llll NO. 73, SERIES Of 1987.
Ayes: Council ~rs Higday , Van Dyke, Kozacek, Bilo, Otis Nays : None
Abstain : None
Absent : Council ~rs Vobejda , Bradshaw Motion carried.
Agenda ltet1s 11 (b) and (c) were 110ved forward and approved -see Pages 4 and 5 of these •inutes.
(d) A resolution allowing park use fees to day care centers, day caaps and preschools was considered.
COUIICIL 110110 lOZACEI MOVED, COUNCIL 110110 IILO KCCIIQ, TO TMLE THE
R£50l.UTIOII IIITIL THE S(CCJM) IEETI• 1• JMIMIY SO THE 1101 COUNCIL MY ADDIESS THE ISSU£.
Ayes :
Nays :
Abstain :
Absent:
Motion carried .
Council ~rs Higday, Van Dyke, Kozacek , Bllo Mayor Otis
None
Council Me.bers Vobejda, Bradshaw
(e) A resolution approving an agr ... nt for construction and operation
of a •iniature golf course facil i ty at the Englewood nlctpal Golf Cou r se wa s consi dered .
COUIICIL .._. lOZACEI MOVED, COUNCIL 110110 lllO srca.o, TO TMLE THE
R£SOWTIOII111Til COTAI• MDIIIDYS 1MD lUll IIIII( TO THE •mDT
Ayes : Council Mtllbtr s ICoza c k , Btlo
llla,ys : Council rs Hlgday, Van Dy • 0 ts Absta in: Mont
Absent : Council rs Vobtjda , Brads tfon def ated .
SOlUTl • s Rl s or Jte7
l TO A I c A lH
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Englewood City Council Minutes
Nove.ber 17, 1es7-Page 8
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TAXES, i.e., SHERIDAN OR OTHERWISE, THAT IT WOULD SHOW THAT All PARKING LOTS
AND All FACILITIES WOULD BE MllfTAINED TlltOUGHOUT THE YEAR.
Appropriate wording for the specific a.endments to the agreement were stated
by City Attorney DeWitt. When it was discovered that one of the pages of the agree~~ent was •issing fr011 the packet, the .ation and second to amend was
withdrawn, the .ation and second to approve Resolution No. 36 was withdrawn.
COUIICIL -.a lOZACEIC IIOVED, COUIICIL IIEMEI IILO SECOfi)ED, TO TABLE RESOLU-
TICIII 110. 36, SOlES Of ltl7, llfTIL .... TS HAD IEEJI MOE TO THE A&REDIOO.
Ayes: Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Otis Nays: None
Abstain: None
Absent: Council Me.bers Vobejda, Bradshaw Motion carried.
(f) Acting Director Ra..ns presented a reco..endation fr011 the Planning
and Zoning Ca..ission to adopt a resolution approving the final plot of the
Rocky Mountain Constructors Filing No. 1, and the Rocky Mountain Constructors
DeveloPMnt Plan for property at 4799 South Winderwere. Ms. Ra..ns stated
that the Planning Ca..ission had held a public hearing concerning this on Au -
gust 18; no one addressed the Ca..ission in opposition to either the Filing or
the DeveloPMnt Plan . The Ca..ission reco..ends approval of both .
RESOLUTION NO. 37
SERIES Of 1917
A RESOLUTION APPROVUC TH£ Pl.AIIe£D DEYEl()fiM(NT AND FINAL PLATTING Of THE Plt()p .
ERTY LOCATED AT 47M SOUTH WINDERN:RE STREO, CITY Of ENGLEWOOD, COUNTY OF
ARAPAHO£, STATE Of COLOUOO FOR ROCKY fOJNTAIN CONSTRUCTORS FILING II.
MYGI OTIS 110¥0, COUIICIL ._. IILO SU.O, FGI APPIOVAL OF ltESOl.UTI• ••
l7, SDIU Of 1•7. DhcussiCNI ettslled regarding constr-uction equiPMnt usi119
Wind re . Ms. ltoufts assured CCMmCtl that Wlncte.re as an arterial street should be sufftcteflt to withstand heavy traffic .
Ay s : Council rs Htgday , Van Dyke, Kozacek , Btlo , Ot ts Nays :
Abstain :
to c rr Abs r s Yobejda , Br d ha
C n fl • v 0
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Englewood City Council Minutes
Nova.ber 17, 1ga7 -Page 9
Nays:
Abstain:
Mayor Otis
None
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Absent:
Motion carried. Council MeMbers Vobejda, Bradshaw
(h) COIIICJL ROllO HIIDAY IIDVED. COIIICIL 1110110 IILO SECOMKD, TO TAIL£
A&EIDA ITER 11(h). Council Ne.ber Higday stated he was aaking this ~tion for
the sa.e reason shted by Council Mellber Kozacek concerning Agenda Ite11 11 (g).
Ayes : Council Me.bers Higday, Van Dyke, Kozacek, Bilo Nays : Mayor 0t is
Abstain : None
Absent : Council Mellbers Vobejda, Bradshaw Motion carried .
It was suggested that Ite~~ 11(h) be discussed in study session.
12 . City llanater's 18port
Mr . McCa.n infor.ed Council that the State Highway Oeparttlent had advised
the City that the sidewalk at Belleview/Broadway should be c011pleted by the end of the year .
13 . City Attorney's leport
Mr . DeWitt co.ented concerning the Agre ... nt for the ainiature golf
course, stattng tt had been in the proper fora when it was reviewed by hts office.
14 . lenera1 Dtscussion
(a) Mayor 's Choice
Mayor Otis dtd not hiVe any •tters to bring before COUttetl.
15 AdJ t
COUIICIL ttng t 10 :06 p .e .
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1. Call to order.
2. Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
NOVEMBER 17, 1987
7:30 P.M.
3. Pledqe of alleqiance.
4. Roll call. C r <b.J.,. /-
5. Minutee.
f
(a) Minut .. of the reqular .. etinq of llov-.ber 2, 1917.
6.
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Pre-Scbeduled Vieitore.
ten ainutu. ) (Ple&M liait your preeentation to
(a)
I
lleaben of the
will be preeent to diacuaa the bill for an
the career S.rvice ayeta.
(b) Officer Gary Jtaeeon, Eft9levoocl Police lenaflt Aaeocia-
tion Preeident, will be pre .. n to dl• • the bill tor
an ordinanc: on the car .. r lervic: Sy•
t
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City Council Agenda
"November 17 , 1987
Page 2/%1, t1 if/ ud ~j .t -/ C/ lp n:
q .u.Uz ld ~~ .............. , rr·j, ·~~i!t"m
/tl bcJe .. tj arfd v'i"-O ~ (Jill:. ;AJ:.t)
9. Consent Aqenda.
(a) Minute• of the Water and Sever Board aeetinq of Sept .. -ber 15, 1987 .
(b) Minute• of the Urban Renewal Authority .. etinqa of Oc-
tober 7, and 22, 1987.
(c) Minute• of the Liquor Licenainq Authority aeetinq of
October 7, 1987.
(d) Minute• of the Planninq and Zoninq Coaaiaaion .. etinq of
October 20, 1987.
~rdinanc.f ... ndinq Ordinance No. 85 for reviaion of the
veatinq provi•ion of the Enqlevood Police Penaion Plan.
(f) t Ordinancall"«optinq the 1988 Budqet.
(q) /'ordinani~ ppropriatinq aoniea for the 1918 Budqet.
ry/' I • ""( u J -\~ # ~ (If <-<'<..14<~1( r-L~..tu~ t )
10. Public Hearinq.
11. Ordinance•, Reaolutiona and Motiona.
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(a) Reco.aendation troa the Library Adviaory Board to adopt
a bill tor an ordinance approvinq the ltll ~t tor
Library Service• between the Enqlevood lie Libran
and the Arapahoe Library Dietrict.;. · • ,(.,~ "/~
(b ) Recoaaendation tree the a er and 8 r laoard to adopt. a
bill tor an ordinance approv i nq the annexation of prop-
erty in Suppl nt US tor Parcel •c• to the Iouth ~
Arapahoe nit. ion Oia rict Connector•• ~t . 4 f...lj :t~
(C)t
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City Council Agenda
Noveaber 17, 1987
Page 3
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~~ (f);!Reco .. endation !roa the Planning and Zoning Ca.aiaaion ¥7 ~~ to adopt a Reaolution approving the final plot of the
.r Rocky Mountain conatructora Filing No. 1, and tbe Rocky
~, Mountain Conatructora Develop.ent Plan for property at -' .>X 4799 south Winder.ere str .. t. ~/~
~~~) Reca.aendation froa the City Manager'• Office to adopt a
,J Reaolution concerning 1911 wage increa ... for aan-. &-/tf(' ~,\~. agerial, auperviacry and confidential .-ploy ... for the r' ~ following groupe:
r ~{//
']
r,Oj
(i)
(ii)
(iii)
(iv)
Fire Departaent1
Police Departaent 1
General servicea1 and
confidential ~loy ... ,
Reaolution eatabliahinq annual aalari.. for the City
Manager, City Attorney, Aaaiatant City Attorneya,
Paralegal, Municipal Court Judge and Aaaociate JUdge•
for the calendar yaar 1911.
14. General Di.cuaeion.
(a) .. yor'a a-oica.
(b) Council -..ber'a a-oice.
(1) a.conaideration of a bill for an ordinance relat-
int to the career hnice ayaua.
/1"' o,~ llo/' II( /-I
15. AdjCNrn~~ent.
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PUBLIC COMMENT ROSTER
DATE: _llov ... r 17, 1117 __
MY P£15011 MY SP£M 011 MnW ~ -l18a FOI A MIIIUJ OF FIVE
IUIITES. EACH SUCH P£15011 SHOULD SIM THIS PUILIC CCIIImiT ROSTER, STATIM&
liME, AIIDI£SS, All) TOPIC Of CCIIImiT.
THOSE POSCIIS WIG WISH TO SP£M Ill FAVOR Of 01 Ill OPPOSITIOII TO A PUILIC
HOlliN&, SHOULD SIM THE APPLICAILE PUILIC HOilllli ROSTER.
,LEASE NIIIT.
-NJ...C
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MY POSON MY SPEAK COIICERNIN& MY -ITII. EACH SUCH PERSON MUST SIGN
THIS ROSTER, STATIM& tWIE, ADDIESS, All) AIDitA ITDI IUIIER. PLEASE LIMIT YOUR CONMEITS TO FIVE MINUTES.
THOS£ P£15015 1110 WISH TO SPEAK Ul FAVOit OF 01 Ill OPPOSITIOII TO A PUILJC
NEAll., SHOUlD Sllfl THE APPLICMLE PUILIC NEAll. ROSTER.
ptny "'V
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1. ca 11 to Order
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EII&LEVOOO CITY CCIUIICIL
EII&LEVOOO, ARAPAHOE COlMY, COLOIIADO
Regular Session
IIOYEMIER 2, 1H7
The regular .. ting of the Englewood City Council was called to order by Mayor
Otis 7:30 p .111 .
2. Invocation
The invocation was given by Council ~r Vobejda.
3 . Pled .. of Alletiance
The Pledge of Allegiance was led by Ma,yor 0t s.
4. 1o11 can
Present : Council .....,_rs Ht9day, Van Dyke, Vobejda, Kozacek ,
Bilo , Bradshaw , Otis
Abset~t :
A quona was preset~t .
Also preset~t :
r Yartas
KCCia:D, TO
jd ou
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Englewood City Council Minutes
November 2, 1987 Page 2
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Free Color1do.• Councilmembers signed the petition 1nd un1ni.ausly ca..ended
Lt. Miller on the work being iccoaplished by the Southwest T1sk Force.
7. Non-scheduled Visitors
(1) Michiel Wolfe, 4820 South Jnc1 Street, spoke 1g1inst ibollshing the
Police Reserve progr•• 1nd presented 1 letter fro. the officers of the Engle -
wood Police Reserve. Council Me.ber Kozacek inquired If Mr. Wolfe hid
received infonution thlt the progru wu reinstated. Mr. Wolfe responded In
the negative. Council Melber Bradshaw questioned Mr. Wolfe concerning Nation -
al Accreditation St1nd1rds. As Mr. Wolfe was not aware of what the specific
standards are, Ms . BradshAW requested that he be provided with that infonution.
(b) Betty Keena, 4801 South Kal ... th, spoke in support of the sales tax
increase stating this was not the appropriate ti .. to ca..ence looking at job
cuts, layoffs, etc., as there si.,ly is not enough tl .. to do 1 thoughtful,
concerned, considerate process of deciding who should be hid off at this
point. She, therefore, reca..ended that the sales tax Increase be apProved .
(c) Cindy Jackson, 8694 fist hst111n, Police Reserve Offtcer, stated
the Reserves were dedtuted voluntMrs and the progru should be retllned .
She responded t n the negatIve to Counc 11 Metlber Koucek' s inquiry IS to
whether she had been advised that the abolis~nt of the progr .. had been put off until further notice.
(d) Scott Bancroft, 3416 South locust, Police Reserve Officer, stated
that sa.. of the officers could ... t the standards of accreditation. He also
stated that he W~M~ld be wtlltng to supply his untforw, atteftd training ses -
sions, etc . He fMh the Reserves provide 1 valuable service to the ctty and
that it W~M~ld cost -.c:h .are to have revullr officers do t s s rvtce . C«M~nctl Metlber kozacek uked Mr . IIMroft if, stftCe t firs •tfc of t abolis~t of thts progr•, he had recetvtd any further rd concen~lft9 t lilt ter . Mr . laftCroft stated he had not .
c-., t catt on and Prot l t ton
tto to t
t . Conttftt 1
lllO S(CG_,
(u t1
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Englewood City Council Minutes
Nova.ber 2, 1987 Page 3
THE MOTION WAS NIEJI)m TO EXCLUDE ITEM 9(g).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Minutes of the Board of Adjust.ant and Appeals .aetings of July 8 and Sept.-bar 9, 1987.
Minutes of the Englewood Downtown Develo~nt Authority .. eting of Sept.-bar 9, 1987.
Minutes of the Parks and Recreation Co..ission ... ting of Septe.ber 10, 1987.
Minutes of the Planning and Zoning Co..ission ... ting of October 6, 1987.
Minutes of the Election Co..ission ... ting of October 15, 1987.
Minutes of the Public library Board ... ting of October 20, 1987. Withdrawn .
Ordinance No. 59, Series of 1987, vacating 1 public right-of-way within the Downtown Redevel~nt Area.
Ordinance No . 60, Series of 1987, ... nding Title 4 of the EnglftiOod
Municipal Code, relating to E..rgency Telephone Service Authority.
Ayes:
bys :
Abstain :
Absent :
Council Metlbers Higday, Van Dyke, Vobejda, Kozacek, 8ilo, Bradshaw, Otis
None
None
None
Motion carried .
The following action was taken on withdrawn it .. t(g):
(g) COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER VAlli DYKE, TITLED:
A BILL FOR Alii ORDIIWKE MOOING TITLE 4, CHAPTER 4, SECTICieS 4 A111D 5,
E £WOOD IUIICIPAL COO£ 1985, REFLECTING Alii INCREASE Of SALES Nil USE
TAl I CITY Of Ei LEWOOO BY OltE-HALF CENT Olt EACH DOLLAR FOR A TOTAL CIT ES TAl Of 3 .50l Olt EACH DOLLAR .
, CCUICIL .... IILI Sl~, CCUICIL IIL1 ••
I .
Englewood City Council Minutes
Nove~~ber 2, 1987 Page 4
Mayor Otis called for the vote:
•
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Ayes: Council Members, Higday, Van Dyke, Bilo, Otis
Nays : Council Members Vobejda, Kozacek, Bradshaw
Motion carried .
10. Public Hearing
No public hearing was scheduled .
11 • Orcl1 nances, leso 1 ut 1 ons and Not 1 ons
(a) City Manager McCown presented a reco..endation fro. the Oepart.ant
of Finance to adopt a bill for an ordinance -.ending Ordinance No. 85, Series
of 1985, for revision of the vesting provision of the Englewood Police Pension
Plan. Mr. McCown stated the vesting provision had been approved by the
eligible police officers tn a recent election . He reco..ended that the plan
be ..ended to concur with the International City Managa.ent Association vest -ing schedule .
COIMCIL BILL NO . 72 -INTRODUCED BY COUNCIL MEMBER BRADSHAW -WAS REAO BY TITLE:
A BILL FOR AN ORDINANCE AMENOING ORDINANCE NO . 85, SERIES Of 1985, BY REVISING
THE VESTING PROVISIONS OF THE CITY Of ENGLEWOOD POLICE PENSION PLAN .
COUIICIL MMD IUDSHAII ROVED, COUIICIL t010 VOitJDA ~. NSSME OF
COUIICil IIU NO. 72, SOlES Of 1117.
~IS :
Nay s:
AbsU n :
Abs n :
t on urr
rs Higday , V " Oy , Vobejda , ICoza ce k,
• otis
TJTl :
IT Ol
•• 0 ,J(t-!1 ll
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· Englewood City Council Minutes
Noveaber 2, 1987 Page 5
COUNCIL MEMBER KOZACEK MOVED TO MOO COUNCIL I ILL NO. 75, SERIES OF 1187, TO
ELIMINATE THE APPROVED ELIMINATION OF THE POLICE RESERVE PIO&IAR.
As an explanation for this motion, Council Me.ber Kozacek stated that $13,000
was the amount to be saved by eli•inating the Reserves; he calculated the cost
of having regular officers provide the sa.e services the Reserves had in 1986 stating it would cost a •ini.u. of $55,420.
The .,tion to ._nd died for a lack of a second. Vote results on the original .,tion :
Ayes :
Nays :
Abstain :
Absent :
Motion carried .
Council Me.bers Higday, Van Dyke, Vobejda, Bilo, Brad · shaw, Otis
Council Me.ber Kozacek
None
None
COUNCIL Bi l l NO . 74 · INTRODUCED BY MAYOR OTIS · WAS READ BY TITLE :
A BILL FOR AN ORDINANCE APPROPRIATING lOnES FOR All IUUCIPAL PURPOSES IN THE
CITY Of ENGLEWOOD , COLORADO , IN THE FISCAL YEAR B£GUIUNG JNURY 1, 1988, M1>
ENDING D£C£NER 31 , 1988, CONSTITUTING WHAT IS TEAMED THE A111UAL APPROPRIATION Bill FOR THE FISCAL YEAR 1988 .
MYGI OTIS MMD, CCUC ll .,_. MI-Y SECCIIIO, PASSM( Of CG11C 1L I ILL •• 74, SOlES Of 1N7.
Aye s:
Nay s:
Ab sta i n:
Ab sen t :
tton carr i ed .
Counci l MeiOers Higday , Van Dyke , Yobejda , lflo , Ired -shaw , Ot is
COUftCi l r Kozacek
IC II .. MIOY
l l
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Englewood City Council M;nutes
Nove.ber 2, 1987 Page 6
Ayes:
Nays:
Abstain:
Absent:
""tion carried.
Council Metlbers Higday, Van Dyke, Vobejda, Kozacek,
Bilo, Bradshaw, Otis
None
None
None
(e) City Manager McCown presented a reco.endation fro. the Depart.ent
of libraries to award a contract with Minica.puter Syst .. s, Inc. for software
interface with the IRVING library Network and to adopt a Ruolution ap-
propriating funds to a~inister s ... in the -.aunt of $50,625.
RESOLUTION NO . 33
SERIES OF 1987
A RESOLUTION AM£NDING THE GENERAL fUfC).
COUIIC ll lliEMO IUDSIWf fiOWm, COUIICJL fiDII[l IILO S£CCIIO, TO APPIOVE
lESOLUTU* •• ll, SOlES Of 1917.
Council ....,_r lilo c~ted that the 11onies involved are strtctly grant 11ontes.
Assistant library Director long was c~ for applying for thh grant
which will provide substantially .,,.. services to the Ctty of Eftll--..d at
very ltttle cost . It was sutgested that a co..endatton letter fro. the Mayor
would be appropriate .
The Mayor cal led for t
Ay s : r H 9day, Van Dyk , Vobe~, louce ,
,Ots
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· Englewood City Council Minutes
Nove.ber 2, 1987 Page 7
RESOLUTION NO. 34
SERIES OF 1987
A RESOLUTION ACCEPTING A THREE -FOOT WIDE EASEMENT FROM SILO, INC., A PENNSYL-
VANIA CORPORATION, ALONG THE SOUTHERLY AND EASTERLY BOUNDARIES OF THE SILO
PROPERTY (SOUTH INCA WAY) FOR TRAFFIC SIGNALS, LIGHTING COfOJJT, OR OTHER UTILITIES.
CCUK:Il 1010 VM DYl£ MOVm, CIUI:Il 1010 IUDSIWI SU.O, APPIOYAL OF
I£SOLUTICII 110. 34, SOlES OF 1N7. It wu chri fied for the record that this
eas_,t between the City of Englewood and Stlo, Inc., h 1 per~~~nent, non-exclusive eas ... nt.
Ayes:
Nays :
Abstain:
Absent:
Motion carried.
Council Metlbers Higday,
Bilo, Bradshaw, Otis
None
None
None
Van Dyke, Vobejda, Kozacek,
(g) Director Fonda, Uttltties, presented 1 rec~tton frc. the It -
City Supervisory Co.tttH to adopt 1 Resolution authorizing the purchase of
two , .. ·type trailers fro. East M.nufact~rlng Corporation, low bidders, In the
a.ount of Sll5,002 . The trailers are to be used to haul dlwatered sludge to
vartous application sites in Ad .. s and Arapahoe Counties.
R£SOl.UTICit NO. 35
SERIES Of 1M7
A. RESOlUTICit AUTHORIZING THE PURCHASE Of 1liO (Z) RM ·TYPE TRAil£1$ FOI TME II -
CITY *STEWATER Tlt£ATM£NT PlMT FQ EAST tWU'ACTURI. CORJIOUTICII FOR Sll5,00Z .
CGUIICIL ...... DO, CCUICIL .._. 1UDS1W1 SU._.,, TO UfMft
llDOLUfl. •• I , IDID IF 1•7.
ted upon t effict y ~strated by t e
,..solut ton based on the uvt.., t at
r lilo CCMtffl'-.d for t ord t 1
of t tratl r t f
rs H gctay , v Oy , Vobtjda, ,Ot
u .
c 1.
I .
Englewood City Council Minutes
Nov .. ber 2, 1987 Page 8
13 . City Attorney's Report
,.
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Mr. DeWitt did not have any matters to bring before Council.
14. General Discussion
(a) ( i ) MAYOR OTIS NOVm, COUNt JL II£MEI IRADSIWf SECCIII)O, TO 1£5-
CHEDULE THE IIOVEMIEI 115, 1987 IE&ULM IIEETII& TO NOVEMIEI 17, 1117, TO COIIJ-
NOCE AT 7:30 P.M. IN CITY COUNCIL CIWIIW.
Ayes :
Nays :
Abstain:
Absent :
Motion carried.
Council Metlbers Higday, Van Dyke, Vobejda, Kozacek,
Silo, Bradshaw, Otis
None
None
None
(a) Mayor's Choice
(ii) Mayor 0t1s asked Council to consider a request for funds to
send a baseball tea. to Australia. The .atter will be discussed at the next study session.
( 111) Mayor Otis announced an award of SSO, 000 to the Housing Rehabilitation Progra..
(h) Mayor Otis announced there will be a dhcuuton concerning
the appolnt .. nt to the Career Service Board at the next study session.
(b) Council's Choice
(i) Council ....,.r Koucek stated for the record hfs opposition to
the budget, specifically the ell•lnatlon of the Pollee Reserves for 1 saving
S13,000 and then approving 1 Sl3 ,000 expenditure for a pollee car.
(if) Council r Bradshaw expressed thanks to fire personnel of
Jefferson fire Station · Shift B. for their unsuccessful atte.pt to save r uncl on October 9, 1987 .
or 0 I
1 • vII Dy ' v Jda, I lo, 0 t1 , rldsh
1 • MJou t
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Englewood City Council Minutes
Novlllber 2, 1187 Page t
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COUNCIL MEMIEI HIIDAY lOVED TO ADJOURN. The ... t1ng adjourned at 8:19 P·•·
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IN OUR VIEW ••.
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.......... =_.. .... .., ..... ... , rt<tl•lll ... ' • ._... ... .............. = .... ...._. .... .,.. ........... -..... ......... ......... ........ .... ~ ......... --~ ............... •Qur-........ ~ ..... ~ -· ..................... --.......... ___ .... ................................. ............. ..._
41 ......-.................. ..
11 * .................. -.... ............ .................. CIIIdillfll'l
1 '7 .... ..--..... t II .. 5 ----5 ................ _ .........
D
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o o • f t 0 t 0 o I o o 0 0 0
Aley23, ,... .
72nd ,..,, 45111 ,..,. -' NCf#oM, 40 ,agee .-25 c.nr.
.·
dge: McCown 'chilled' fre8 speech
in polio c ... ,
..... rlghll .lecture
•
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ctn ar DICLDCltO
'IIIIo --Ia -...:od Into by 01'11 be.-the City of e.gl-(M<eln-
•ftft' ce{«Eed toM u. "'Ctty'"") ..S U.. ln9~ Pice rs~ta Cher'euaft.ec
ref•r:ed to • ttw -uruon•).
lt l• the pu:rpoee of th • 81p:~ to echiew and Mintaln ha~ioua ~
lMI--the City 01'11 the unl•• to JXOVUio foe -IUI>le 01'11 peecoful
~-ot dlf£«-•tlldl _, UIM, 01'11 to •Ublllh p<-o.....S.rde of
-· -·---.lltl-ot _1_..
--llolludloi'--Pl'OVol-el-elntllo-,
noth1ftl ,. Uu.a .,.._. ~l tie c:awt.r\lllllt to reatr\a, lWlt, • blpe r, t.he
=~=-=='~:..~~ ~9"~~~ ~ "": 1-:.of "": •.
--lty Incl-. -are -l1111ud t.0 tlle foll..,lf4:
a . ,. -... , • ot PI"'~..-pol cy I11CI\ldlf4 the right to
-•ffoln ot tlle ,,,. ~ n all r~.
tat -. •• l11Cludl"' -·-·
..
0
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COIITIIACT
!QWEEN TH£-ll!!_ Of r !QQ!>O
!!!!.!_H£
UTIClE I.
Ct 1 of £1191 od, Colo-. o, a"CC t o £1191 h111lo es ASSOCIIttOO II U HI p~rpou t e pr-ttO or u .. ooto~,
rolattoos .,... tlto en, or r..,t ..... Ill ( IO)ttl, • fi f r ..... ""''"'
rouc!wrt for t ruol~tto or dlfftr •c•s ; t~o eat1bl h ot or rues of 1011
llld ~rs Of Ot r COildtl 0 S of ...,I01Mot U stt 0~1 10 t 0 (I 1 C arter,
r1
I
rs,
A.
••
c
or t CltJ u a 11 or to• "-•t .
1 alld err cu • u of Cur
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IN THE MATTER OF THE
OISCIPLI ARY APPEAL
OF KEVIN W. SAGE
•
• •
BE FORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD, COLORADO
FINDINGS
AND
DECISION
The Career Service Board met on September 9, 1987 for the purpose of
hearing a Disciplinary action appealed by Officer Kevin W. S.ge.
The charge as provided in the city exhibit 11 in the Safety Advisory
Committee report were that "accid ent occurred as result of officer carelessness".
Testimony was given by Lt. ~Iedford that the city exhibit 1 is the official
recommendation of the Safety Advisory Committee consisting of both staff officials
as well as fellow officers in reference to this accident. Officer Sage did testify
that the accident was his fault.
Testimony by Lt. Medford indicated that there was heavy daaage in
excess of four thousand dollars caused by trying to ticket a traffic violator.
E idence su itted by Officer evin . Sage did not substantiate like circum-
stances of his accident to afford analysis of a lesser disciplinary action.
Testimony was given by Lt. Medford that proper notfct was distributed
to all personnel by a memorandu~ dated May 12, 1987 from Chief Robert Holmes of
the ch&nge in policy to significantly reduce t e nu ber of .. ployee accidents.
T rfore
da fon of a one d1
on J ly 12, 1987.
e Car er Service Board up olds Chi f Robert Holme~ reco n-
suspenslon of Officer ~ vin . Sage es a result of the accfd nt
Oon t I l7t ,. • 1987.
I • •
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BEFORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD, COLORADO
IN THE MATTER OF THE
GRIEVANCE
OF JOHN KNOTH
FINDINGS
AND
DECISIONS
This is an appeal from a grievance filed for an alleged
violation of Article 22, Section A of the contractual agreement
between the City of Englewood and the Englewood Police Benefit
Association for 1986 and 1987: "upon mutual agreement of the
employee and the Chief of Police, a maximum of five (5) holidays
may be cashed out for pay in lieu of time off." This appeal was
filed by John Xnoth, an officer of the Englewood Police Department.
A hearing was held before the Career Service Board on
April 16, and May 6, 1986. On April 16, the Employee Relations
Director, Mel BeVirt, and appellant, John Knoth, stipulated as to
the timeliness of the grievance. The Board, by roll call vote,
agreed that this was a grievable matter, i.e., that John Xnoth
did have the right to file a grievance and that the subject
matter of the grievance was included in the contract. The
hearing of the content of the grievance was held on May 6, 1986.
The City appeared by Mel BaVirt, Employee Relations Director and the Appellant appeared in person.
on March 10, 1986, a ... o from Chief ot Police Robert
Holaas advised that due to the current budget situation, the
department does not have the funds to allow tor the holiday buy
back. On March 14, 1986, Officer John Knoth brought this aatter
to Sgt. Mitchell, informally, par Art icle 2S, step one and the • tter was not resolved.
This griav nee is tiled to seek compliance with Art icl
22, Section A, that was negotiated in qoOd faith as a banetit tor
he Otticers ot the EnglewoOd Police Department.
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benefit in exchanqe for the Association qivinq up six biddable
slots in the shift biddinq process.
Employee Relations Director Mel BeVirt, stated the City
had complied with the contract of 1986-87. The lanquaqe was not
ambiquous and as stated in the contract, "upon mutual aqreement
of the employee and the Chief of Police", means that both parties
must aqree. The lanquaqe is clear and no further search is
needed beyond this point. Mel BeVirt referred the Board to the
book, "How Arbitration Works" by Elkouri and Elkouri, Chapter 9, Paqe 303.
The City, after makinq its statement and beinq
cross-examined, left the hearinq and, in so doinq, did not
dispute any of the testimony qiven by several witnesses of Officer John Knoth.
Because the aqreement with the Chie~ on July 29, 1985
was aade durinq the neqotiation period as testified by the
witnesses, the contract should have been chanqed to reflect this
lanquaqe and channeled back throuqh the neqotiators. Since this
did not take place and the contract lanquaqe reaained as it had
been, the Board finds the lanquage as stated in the contract is
clear and not aabiquous. No docuaents were presented which
disputed the wording of the contract and, therefore, the Board
denies the grievance appeal of Officer John Knoth.
cathYlfaki, vice Cha raan .stn .~.~~
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BEFORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD, COLORADO
IN THE MATTER OF THE
DISCIPLINARY APPEAL
OF JASPER CARTER
FINDINGS
~D
DECISIONS
This is an appeal from a disciplinary suspension,
transfer of shift and revocation of duty work privileges, imposed
on Jasper Carter, Police Officer employed by the City of Englewood.
A hearing was held before the career Service Board on
April 16, 1986. The City appeared by Police Chief, Robert Holmes and the Appellant appeared in person.
On March 14, 1986, Police Chief Robert Holmes imposed
three working days suspension from duty without pay, transfer to
Watch I until further notice and revocation of all off-duty work
privileges tor 90 days. The disciplinary action was based on an
incident, while on duty, which occurred on February 27, 1986, in Englewood, Colorado.
The witness, a Sergeant in the Police Department ot the
City, testified that he came upon Jasper carter parked in his
patrol car by a building in the 2500 block ot s. Tejon Street,
February 27, 1986, attar trying to get Jasper carter's attention
twice, observed that he had been sleeping. The Sergeant then
spoke to Jasper Carter in the tora ot an oral reprimand about the
reasons why he had been sleeping on duty. As no time did Car er
state th t he bad not been sl aping on duty.
n by the City, •rt was discov r
ve not b n c llinq ou nd
n building ch cks, nd in •
ely loqg d busin ss ch cks on your
• Evidence sub itted, Appell n
us dvise radio ot h i s loc o n
th
i v
in
nd
1
,
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Officer Jasper Carter admitted that he had fallen
asleep on February 27, 1986, and that he had been asleep on two
other separate occasions, one of which caused a non-injury
traffic accident while driving a police vehicle.
In Officer Carter's testimony, he stated that there is
some misinterpretation of the business check policy and procedure.
In cross-examination of the City's witnesses, Officer
Jasper Carter questioned the opinions as to whether he had been uncooperative.
on items of review of his personnel file, Officer Carter adaitted to their accuracy.
In review, the Career Service Board recoqnizea Jasper
Carter's concern that he had not received a pink copy of the P.I:
testimony did indicate he was, in fact, notified verbally of an
investigation being conducted. Officer Carter's testimony showed
a great concern for charges and/or statements within the P.I.
The City only foraally charged hia with those which were listed in the findings of fact.
The decision of the Career Service Board regarding the
disc i plinary appeal of Jasper Carter and the letter of charges o f
Karch 14, 1986 froa Robert R. Holaea, Chief of Police to Officer
Jasper Carter is baaed on Officer Carter's own adaiaaion of quilt
that these cha~ea vera accurate and justified.
The Board finds that the City's disciplinary action,
though lenient in viev of the documentation of progressive
disciplinary actions in the past, should be upheld as atated i n the letter of charges.
Officer Jasper carter baa the r
decision to the District Court ahould he
Don I •
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DISTRICT COURT, COUNTY OF ARAPAHOE,
Case No. 8SCV1306, Division 2
BRIEF OF DEFENDANT ENGLEWOOD CAREER SERVICE BOAR o'·, ··
CITY OF ENGLEWOOD, a Colorado home rule city,
Plaintiff,
vs.
ENGLEWOOD CAREER SERVICE BOAR D and
JOHN L. LE YDON,
Defendan t s .
· The Defendant , Englewo od Ca ree r Se rv ice Board , by its
attor neys , Caplan an d Earnest, su bm i t s th is Brief in opposi -
tion to Plaintiff's Compl a int .
A. ature of Proeeedin9s.
On Deeeaber 1 4 , 191 4 , Officer John L. Leydon (•Leydon •)
~as notified by C1ty Manager Andy McCown that Leydon's
emplo nt as a pol ce sergeant, after n arly t nty years
th t C ty, as tera nat d. This discharg
tated by an oeeurr nee oo place on
aa o!f duty. at Leydon' • o h1le h
doc •aas 1 o D sc pl nary Proc
• pree p -
pr -
par d by olie Ch ef olm a and C1 y A orn y
•
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John R. Olsen, some nineteen other incidents dating back
twenty years to Leyden's separation from military service,
were identified as additional grounds for the discharge and
were relied upon by the City Manager. A majority of these
incidents were either not discussed with Leydon at the time
or had been resolved with no finding of any material fault
on his part. Most also preceded promotions of Leydon by the
City.
Leydon promptly appealed his dismissal to the Englewood
Career Service Board ("Board ") on December 18, 1984.
Because of the complexity of the case and the extensive
number of potential witnesses and exhibits, the Board,
pursuant to Section S-3-l(Al, ENGLEWOOD MUNICIPAL CODE
C"E.M.C."l, appo1 nted a Rearing Officer, BennettS.
Aisenberg, Esq., on January 9, 1985, to hear the appeal.
Thereafter, the Bear ng Officer 11ued his Order Limiting
I11ue1 on March 28, 1985 CApp nd x ll, and Decision on
July 10, 1985 < ppendix 2l, concl ding that the oveaber 4,
l 4, neident no IUffic ntly 1eriou1 to conat tut
ju1 e 1 !or t rain on. ng, ho v r,
d 1 rran d, h t co nded ~ on.
T d d t at judg nt n 1
t 16, 1 85 (A ndix :u,
"t nda on o t
rain n9
ar ng 0 I •
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are extensive, thorough and supported by ample evidence in
the record.• This litigation was subsequently filed by the
City under Rule 106(a)(4), COLO. R. CIV. P., seeking cer-
tiorari review of the Board's decision.
B. Supplemental Statement of the Facts.
The facts of the November 4, 1984, incident involving
Leyden and Ms. Laura Blatnik are not generally in dispute.
The Bearing Officer's findings of facts (Appendix 2 at 3>
and the City's allegations concerning the incident are, for
the most part, in agreement.
The Bearing Officer found that Ma. Blatn i k, during her
former marriage to a police officer and subsequent separa-
tion, bad been a frequent visitor at Leydon's house with
permission to enter whenever she wanted. On the date in
question she nt to Leyden's house while he was off duty
and confronted h i m about c omments he had made to a mutual
fr ie nd conce rn ng Ms. Bl a tn k's contact i ng the wi fe of a
pol c off cer t h o sh as hav ng a n a ffa r .
Ms. Bla ni nt r d tout knoc ng , confront d
Leydon and a verb 1 xc ang too pla ce. Ley on as 4 r
a v ral a to lea • and, .en she did not, call d th
pol c: •
1a pol.n
0
t at ny .or
r y on plac
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1
r ng 0 t c: r
r arr I • •
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in the house or whether he followed her into the backyard
and there placed her under arrest. (See, Appendix 2,
pp. 4-9.) In either case, Leydon physically restrained her
until the police arrived. Be directed them to take
Ms. Blatnik to the station on charges of criminal trespass,
harassment and resisting arrest. The charges were later
dropped.
The Police Department conducted an investigation of the
incident which was reviewed by Chief Holmes. It was his
opinion that Leydon had violated the Procedure Manual, spe-
cifically the Code of Ethics Sections 302, 420, 330 and 512.
Chief Holmes initially recommended that Leydon be demoted
from sergeant to patrolman. However, be testified that
later after reviewing Leydon's record in total, he deter-
min d that the type of conduct involved had occurred before
and, therefore, recommended teraination. (Appendix 2,
p. 12. )
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between the elected and appointed officials of the City and
the classified employees . In addition to the establishment
of a Career Service System, the Charter, in Sections 138:3
and 138:4, requires the City Council to create a Career
Service Board and to enact Ordinances providing for the
Board, its duties and powers, election and removal of mem-
bers, and standards and procedures with respect to each.
The Board consists of five members, two of whom are
appointed by City Council, two others are elected by all
full-time permanent classified employees of the City, and
the final member is selected by the other four to serve as
Chairperson. See, generally, CharterS 138:3 and
S 3-l-4td >tl), E.M.C.
The duties and powers of the Board are established in
Section 138:4 of the Charter. The Board is given, among
other po era, tbe author ty to hear disciplinary appeals for
any full-ti permanent classified ployee and to appo nt a
ar ng Offie r to ma e f ndings and reco endationa to th
or it• t n 1 appro al th reap et to tho•• l•.
!!:..· •
•(t)o
0 d n ne
d tjl. It • also 9 bro d
ct o a a th rd n e aaary to
pol1e a o* ia Char n and ny
dO prt o .• d.,. ( ),
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Section 3-3-3A, E.M.C., governing Hearing Officers,
empowers the Board to appoint a Hearing Officer to hear a
disciplinary appeal when it is likely to present complex
issues of fact or law, numerous witnesses and extensive oral
testimony or documentary evidence, or for other good cause.
In this case the hearing lasted eight days and resulted i n a
transcr i pt of over two t housand pages with more than sixt y
exh i bits.
Wh en appo i nted to he ar d is c i p l inary appe als, as i n this
case , the Hearing Officer is required t o prepa re a nd file
with the Board a statement of f i nd i ngs an d re commen d ations
upon all the material issu es of la w and fact . •The findings
and recommendations of the Bear i ng Officer s hal l no t be set
aside by the Board un l ess su ch find i ngs an d r ecommendations
a r e con t rary to law or are unsupported by the weight of the
e v i d e nce .• Secti on 3-3 -lP , E .H.C. After oral ar gument , i f
permitted, and r e v i e w of t he Be a rin g Of f i cer 's find i ngs a nd
recomm ndatio n s , the Board sha ll ke ita d e c sion,
•affirming, modifying or r veuiag • t.h findings a nd nco -
ndationt of the B aring Offic r. Section 3-3-lG , E •• c.
In all tters cone rn ng d11c1pl n a ry a ppea ls, •ttlh
d c s on o t 8o rd !h!_! !_ __a__, • bj et to j die al
r v e pursuant to ule l06Ca)C 4 ).• a a dd 4.)
S e lo l-3-38 and •lOICI), .c. T •• provia1on
,
•
r •
• ..
place the Board, and not any City official or employee, in
the position of ult i ma t ely deciding what an employee is
accused of doing and whether the conduct was sufficien t ly
serious to justify the discipline i mposed, up to and
including disc harge. Contrary to the s uggestion of the Ci t y
in its Br i ef a t 12-13, there i s simply no bas i s in the
Charter , E .M.C . or l aw t o require th e Board to find tha t t h e
City abused i ts dis cretion i n fi r i ng Le yden. I t i s ra the r
f or the Cou rt to de t ermine wh e the r the Boa rd acted within
its prerog a ti v e and authority a s measured by the sta ndards
applicable to these proceedings.
II . THE DECISIO N OP TH E BOARD CAN OT BE SAID TO
CONSTITUTE SUCH GROSS ABUSE OP DISCRETION AS TO
EXCEED T3E BOUNDS OP REASON D, TBEREPOR~, SBOOLD
NOT BE SET ASIDE .
Tn applicable atandard for revie ing the Board 'a dec -
aion in this caae baa been cl arly atabliahed in prev ous
caaea nvolving career or civil a r~ ee commiaaiona , aa
toll a:
-7-
I .
•
• •
necessity of maintaining administrative control in
the police department, the nature of the violation,
the service record of the officer, and the circum-
stances of the particular case. [Emphasis added.]
Ramirez v. Civil Service Commission, 594 P.2d 1067,
l068 <Colo. App. 1979>.
See also, Montoya ~Career Service Board, 708 P.2d 478, 480
<Colo. App. 1985).
Colorado courts have further held that when applying
this standard to the evidence in any given case, the admin-
istrative board's decision is to be upheld where, con-
sidering the whole record, the •ultimate findings• of the
agency are •supported by any competent evidence.• [Emphasis
added.] Cooper~ Civil Service Commission, 604 P.2d 1186,
1189 <Colo. App. 1979); !!££! ~ ~. 627 P.2d 1111 <Colo.
1981). !!! !1!2r ~. DAVIS, ADHI ISTRATIVE LAW,
Section 30-11 !1958) and L. JAFPE, JUDICIAL CO TROL OF
AD I ISTRATIVE ACTIO , 56 9-76 <1965). In !!££!, the Supr ...
Court not d th signi! cance of he d at nction bet en
• vid n lary a c a • and •ultimate facta .• 627 P.2d at lll
v d ntiary facts are found by a body aft r ta in9 ev -
d nc 0 bo h ac:curac:y nd c:r ty.
Ol in 0 a ory • nd rd
and a lly ac: and la In h r,
o"
Of r
t.r nd 0 I •
-•
• •
fact were accepted by the Board and formed the basis for its
finding of ultimate fact. The Board found, based upon its
determination of what •just cause• meant and the evidentiary
facts found by the Hearing Officer, that the ultimate
penalty of discharge was not warranted, but that a lesser
penalty of demotion was.
Despite lengthy overstatement, argumentative conclusions
and an attempt to throw in everything but the proverbial
•kitchen sink• to justify ita position, the City has not
anywhere seriously questioned the findings of evidentiary
fact in this case. Nor has it pointed to any material error
in those findings. Instead, it has complained about the
exclusion of atale and inconaequent1al incidents and has
att mpted to aubatitute ita own biased opinion on the ulti -
mate fact for that hich haa been d legated by Charter to
the impart al ao&rd.
A.
A
r rd ng d IC' pl au lop
d
•j c: __££_. ~ d 1111. lll tColo.
1 lL r: n-•
•
• •
sibility to define just cause in every disciplinary appeal.
Charter, Section 138:4<hl. The City asserts, however, that
the various "Reasons for Corrective or Disciplinary Action,•
set forth in Section 3-lM-4, E.M.C., convert the Board into
a body which is practically bound to rubber stamp every
disciplinary action meted out by a City official, regardless
of the severity of the offense. That position ignores the
very section relied upon so heavily.
Section 3-lM-4 lists factors which are just cause for an
entire range of disciplinary actions from oral reprimand to
discharge, "deyending ~ the seriousness of the offense and
!h! 2!h!£ circumstances related to the situation.•
(Emphasis added.] In abort, the responsibility to make the
final decision as to what constitutes just cause for
discharge ~~s vested by the people of Englewood in the
Boa r d. Tna t pow r necessarily includes an ultimate deter-
minat i on o f wb th r the sever ty of the d i sc i pline or sanc-
tion propo e o fi ts th a l leged a seooduc • As stated by
Arbitr or l
l Cl 77 h
-10-
r la ion
ng ta r • c pr -I •
-•
• •
cious. And when it comes to disciplining an
employee for misconduct, it means •let the punish-
ment fit the crime .•
Any determination or review of •just cause• involves a
two-part test. The initial decision to be made is: Did the
employee commit the violation he is accused of? If it is
found that a violation was committed, a second decision must
be made: Does the violation committed justify the punish-
ment given? Consumers Oil Co., 77 L.A. 141, 142 Cl98ll.
While a violation may constitute just cause for a one-day
suspension, it might not constitute just cause for
dismissal. Braniqhan ~Dept. of Police, 362 So.2d 1221
(La . App. 1978).
Even though facts may be established for discipline,
unless the penalty is reasonably commensurate with the
improper conduct, juat cause ia lacking. ~ ~ !!!£!
~. 36 L.A. 124, 127 Cl960>r !!! !1!2• £!!!of Portland,
77 L.A. 820, 826 Cl98ll. And it ia clearly the function of
the Board to .. ke he find1n9 of ultiaate fact aa to -~ether
a v olat on • •• ftici " ly r ou • to just ty c! • aaal.
!...:. , 10 P. d '· " <Colo.
In • lit 1 d ap any,
concern1n9 • noutuS nv
1nc Ot r h y I .
r •
•
the Bearing Officer. However, the Board, exercising its
power to determine "just cause" under the Charter, found
that these evidentiary facts and circumstances were simply
not serious enough to warrant discharge. That decision must
be sustained as being based upon "any competent evidence.•
B. The Board's Findin of No Just Cause for
But Just Cause or Demot1on 1s Supporte
Competent Evidence in the Record.
The Bearing Officer and the Board considered the Blatnik
incident of Novem~r 4, 1984, which precipitated Leyden's
discharge, and other incidents throughout Leyden's twenty-
year career with the Englewood Police Department in deter-
mining that Leyden did overreact and exceed his authority.
Be allowed his pe:sonal involvement with the many matters
assoc ated with Ms. Blatnik affect his official respon-
si~il ties. (Appendix 2 at 17-18; Appendix 3 at 4).
Despite the fact that the Bearing Officer clearly found that
Ha. ~latnik not only instigated the altercation but alao
undoubtedly v elated varioua C1ty ordinances, justtfying h r
ait ationa, h did no xeuae Leydon•a ov r-
reaetton and uae of bad judg nt under t
-1 -
e reu.staneea.l
d •
il
0 I
•
• •
The Hearing Officer did consider some of the prior inci-
dents in judging the basis for Leyden's actions and motiva-
tions in the Blatnik incident. However, none of these
incidents which occurred prior to the time Chief Holmes took
over in 1975 were deemed appropriate in determining the
magnitude of discipline appropriate in this case. This was
based in large measure upon the fact that Chief Holmes him-
self told all officers that they were to start off with a
clean slate with him in terms of promotion and discipline:
And what I told them was that everybody would start
from ground zero, from scratch, from that day on.
I would not personally review any of the r
backgrounds, that everybody would have to live and
would be judged on what they did from that day for-
ward. <Testimony of Chief Holmes, Aug •st 26 , 19 85,
p. 130, ff. 12-18.)
The record also ndicates, through personnel evalua-
t ons, that Lydon was an abo •-average polic off cer.
fora the
Tn Board,
d excesaiv
d upon
1:
•
r
,
I .
•
• •
(Appendix 2 at 21. J Furthermore , and significantly, he was
promoted to sergeant soon after Chief Holmes took over at
the Department and was one of the two final candidates for
promotion to lieutenant in 1981.
Section 3-1M-7C , E .M.C., governing "Administering of
Disciplinary Action-Discharge,• states that an employee may
be discharged when reasonable attempts at corrective action
have been ineffectual or when the seriousness of the cir-
cumstances surrounding the offense leave discharge as the
appropriate act1on. The Bear ng Officer found that there
had not been any att mpts at corrective action which were
ineffectual and that the ser ousness of the Blatnik incident
alooe did not warrant discharge. CAppend1x 2 at pp. 17-22.>
Chief Bolmes h1m1e l f felt that Leydon should not be ter-
=inated for that 1nc dent alone. <Testimony of Ch ef
Bolaes, Ap r 1 26, l 98 S , pp. 1 83-li S .)
In 1 ry, t • 8 ar in9 Of ic r concll)ded as follo 'I:
I~ con
a nd
ro d a n r a
by
on l-l-P , .• c.,
I •
-
r •
• •
The findings and recommendations of the Hearing
Officer shall not be set aside by the Board unless
such findings and recommendations are contrary to
law or are unsupported by the weight of the
evidence.
The Board found that the Hearing Officer's findings of
fact were, indeed, supported by the weight of the evidence.
The Bearing Officer, as primary fact finder, had heard an
extensive amount of testimony and received and weighed a
considerable amount of evidence. These evidentiary findings
are essentially not disputed by the City. The Board's deci-
sion adopting the Bearing Officer's findings and recommen-
dations is supported by competent evidence in the record and
clearly does not constitute a gross abuse of discretion.
Ramirez ~ £!!!! Service Commission, 594 P.2d at 1068.
In l1ght of Leyden 's pas t record s ince 1975, the perfor-
mance e a1ua~ ons he recei ed, b s proaot on to sergeant and
cons 6eratioo for promotion to lieutenant, the Blatni~ nci-
d nt and a repriaand issued in 1977 did not const tute auf-
fie ently erious cause to justify d seharge, e ther to the
I ar nt 0
5.)
4Uc1pl
0 0 •ro :"1.
x 2 at 211 n4h J
d !ora of
• a.ter care. l cons d ra ion •
•
• pro r a
. ) 1 cone: on •
-15-
I
•
• •
matter peculiarly within the Board's area of expertise, is
warranted in the record and does not "exceed the bounds of
reason.• Ramirez, 594 P.2d at 1068.
III. THE BOARD HAS THE POWER TO MODIFY DISCIPLINARY
ACTION.
The City argues that the Board was limited strictly to
finding whether there was employee misconduct and was not
empowered to assess ita severity or to modify the penalty,
even if it found just cause for discharge lacking. It
points to Section 3-l-9A, E.M.C., wh ich provide s the Board
with the power:
to hear disciplinary appeals for any full-time per-
manent classified employee with respect only to
whether that employee's suspension, demot on, or
discharge was for cause which relates to the per-
formance of duties, personal conduct, or any other
factor detrimental to the City and/or any other
just and reasonable cause.
Tnia language, bo ever , does noth ing to a!fect the Board's
authority to consid r ev i dentiary facts and d terai n ulti-
mate f acta, ~. ther the conduc as au!!ic ntly
rioua 0 JUS i y he due p1 nary ac on It. a . -
larly d I no th loar fro p.1n ab-
nt \o;he:e th re • 1:\autf cien c:a;.aae 0 t.. To
t con rary, n t nt n tl d 'I Ci .ey
0 e as aut or y to chan 0 4it ditc ;>1 -
ry nalu • !o nd to lac ' j c
-1 -
I •
-•
• •
The Board's authority by Charter and Ordinance is much
broader than the City would care to admit. The Board is
granted the broad power •to take such actions as (it] deems
necessary to effectuate the policies of this Charter
Amendment and any Ordinances adopted pursuant (to it].•
Charter l38:41Xl. Section 3-lN-lOihl, E.M.C., further
provides:
Each decision shall include a statement of findings
and conclusions upon all material issues of fact,
ordinances, or discretion presented by the record
and the appro¥riate rule, sanction, relief or
denial thereo. [Emphasis added.]
It is difficult to imagine how the City could seriously
contend •appropr iate sanction• does not ex~ressly or by
necessary implication ~~com~••• tbe authority to modify an
inappropriate one.
In fact, quite tb reve:ae is true. Section 3-3-3Cgl,
T
nd
ne
ei on 1 on
-,_
1 I •
-•
• •
3-lN-lO<bl<Bl , E.H .C ., the Board must modify disciplinary
acti o ns found to be inappropriate and impose appropriate
relief . The Board 's authority t o affirm , modify or reverse
the findings and recommendations of the Hearing Officer must
necessarily include the power to affirm and adopt an
appropriate finding and recommendation made by bim.
When considering the power to modify, many courts and
authorities have relied upon the notion of that power being
inherent in the authority to make the final decis i on
settling the d i spute. See, oenerally, Platt, •Tne
Arb i tration Process in the Settlement of Labor Disputes,•
31 J.Am.Jud.Soc. 54, 58 <19,7); EL~OURI AND EL~O U RI, HOW
ARB I TRATION WORKS, 4th ed., B.M.A. 1985, pp. 667-669. For
exam?l e , i n t he ca s e o f Braniohan ~ Deyartment £f Pol i ce,
tbe c our t ana1y zea the po e r to hear appeals, qu ite s ~1 ar
t o tha t d leg a ted by th e ~ng1 ewood Cnarter, as f o l o ·s:
d r
rt
141,
Ca uae justify ing a one-day susp ension might no t
j stify d sm ss a l , a nd tnere f ore --a nd in tha t
senae--~h Civil rvice Commisai o n •a a ut hority "to
h•ar nd c d • iscip nary caaea , ••• ,incl de
ut or y to ~d fy cr d c I •• 11 •• to rev rae
or affJra penalty. 362 So.2d 1221, 1222 CL&. pp. 1 7 ).
Otn 1'1 hat h authority to mod !y penaltiea
• :r "JUI ca • pro ia on 1 • lt •. d t.., : o-
an t t £.2.:.· 77 L.A.
l4 u, 1 u 75). I •
•
• •
This principle ~as recognized by the Colorado Court of
Appeals in appro ving the Aurora Civil Service Commission's
modification of penalty in City of Aurora ~ ~ Service
Commission , 570 P.2d 253, 255-6 CColo. App . 1977), as
follo~s:
Thus, we hold that ~here , as here, the Commission
has modified the penalty imposed in a disciplinary
action, the question on revie~ is limited to
~hether the Commission has abused its discretion,
and the problem of administrative control of the
department must constitute only one factor, albeit
an important one, in resolving this question.
Other factors consist of the nature of the viola-
t ion, the service record of the officer, and such
other circumstances as may bear on the issue in
each particular case.
These were the same kinds of factors considered by the Board
n the case at ba= in its determination of whether just
c a us e for d schar;e or some lesser pena l ty was appropr i ate.
os~ co u=ts wo ul d agree t ha t en a contract or enact-
ent by sp cifi c and expre ss t erms d n i es the hea r ng body
any po r t o mod i!y pena l t i e s , t h a t po er s ho uld be d ni d.
ver, the po r y not be d nied by pl c a tton , and t.he
1 t ng ~st "e1 arly and quhoc ly
stu 4 ... u ~. , a t. 142. o sue 1 t a -
tion 1 n h c ar r.
0 . ea !ollo d h s pn:u:iple. In L
L.A. , n u .,.,, I
·1 -
I • •
•
• •
contract,• an arbitrator does have the authority to deter-
mine whether the penalty imposed was appropriate, and, if
not, to modify it. The court similarly held in ~
Personnel Commission ~Webb, 18 Ariz. App. 69, 500 P.2d
329, 331 (19721, that in the absence of such limitations a
Civil Service Commission has the power to modify, as well as
to reverse or affirm the decision of the employing aqency.
The court reasoned that any other approach would result in
an inflexibility inconsistent with the orderly, swift and
j ust disposition of merit system appeals. ~was cited
with approval oo this issue in Dunaway ~ Deoartment of
Social and Health Services, 579 P.2d 365 <~ash. 19781.
The languaqe c aimed to restric~ the 3oa=~ i~ ~is case
does not mee~ tb above criter a. Ordina~ce 3-1 -.0 ,
E.M.C., requires the Board to .. ke and ssue !indinqa on all
material ias~es of fact, ord nance, or oiaeretioo and the
appropr1ate rule, sane on, relie! or ~ nial thereo!.
Section 3-3-l(c), z .. c .. r qu res th Bea= ng Oft e r to
prep =• reco nda~ ona o all ssu • of la
and fac . are o •a u 4 •
>:>y t.h Boa: 2.:"\ it ~n l. d e 1
c:t on 3-3·31;), •• c. C 1 lan;uac;e • not
• sc pt ble o h n rr !o :"\d d 1nt rpr o
1 r n oualy c y.
-o-
I •
-
•
•
• •
The Board in its Decision of September 16, 1985
<Appendix 3 at 6l, points to Leyden's claim that the Board
is required to reinstate him with full seniority and back
pay, as illustrating the absurdity of arguing that the Board
has no power to modify the disciplinary action of the City
Manager.
If the Board were not given the power to modify
disciplinary actions, its review would be of little import.
Employees deserving of punishment would be restored to their
jobs with no action taken, or, in the alternative employees
would be punished at the whim of the City Manager for the
slightest misconduct or transgression. ~ fi[! Brick
Co., 36 L.A. 124, 128 11960) !holding tha~ such L, i~ter
pretat on ould •lead to an absurd result•). Either alter-
~a~ive undermines the stated goal and policy of the Cnarter
b ch a~te~ts to protect ~ puolic, ~City and ~ Citv
=? oyees. The career Ser ice System ~~s established in
reco9n tion
Ch.y and
attainabl
!u
c :t r,
of the n d for a balanc of :»ower
c ty
; ion a
ploy •• Tn •• goals az:e
car rv ce
nat
137
on n a disc
ancS ua.2
coni a
o • oid
-21-
IOard can
;>1 nary ap
en the
only
• a an ng-
al. -·
: I •
/ •
• ..
Furthermore, the Board has exercised its power to modify
disciplinary action in the past. In two separate cases, the
Board modi f ied the disciplinary action t aken by the Ci t y
with no challenge to i t s authority to do so. In Discha r ge
of John Blanchard, the Board modified the dismi ssal o f
Fireman J oh n Bl anchard by reinstating h i m wi thout back pay,
but wi thout lo ss of sen i or i ty. Th e City d i d not challenge
t hi s mod i fica ti on. <Se e , a t tached Append i x 4.) In the
matte r of City of En g lewood a n d Dona l d Bake r, dea l i ng with
the discharge of a police officer after th 1 98 1 Amendments
to th Chart r , the Board again modifi d the discharge of a
C ~y employee . Tne Board found that cause existed for
disc pl ne short of d scharge and reinstated Mr . B~er
w thout bac pay. (!!!, attached Ap~nd x S.> A;ai~, no
•• obtain by sach restrlctl • interpret&-
,
I .
r •
• •
challenge to the Board's authority to modify disciplinary
action was made by the City.
Sound reasons of public policy, as well as the foregoing
Charter provisions, Ordinances and authorities, clearly
establish the authority of the Board to mod i fy the penalty
under the circums tances o f th i s ca s e.
IV. THE BEARING OFFICER DI D NO T AB USE HIS DISCRETION I N
LIMITING EVIDEN CE TO CER TAI N PR I OR INCIDENTS.
In a ddition to the Blatnik incident , the City pu r ported
to justify its discharge of Leyden based upon an e xha ustive
bill o f partic ula r s <•Basis for Disci~linary Proceedings")
outlinin g prior incidents going back t wenty years. This
lis~ incl~ded practically everyth ng tnat the City co ld
dredge up &~out Leyden, !roo his ••~ration from the =ili-
tary !or physical r asooa in 1965, ~o matters occurring
be!ore h1s employment ith th City and even ncl~ded alle-
ga:. ona for h ch Leydon had ~en totally exonerated. In
nu Or r L inc; Inu 6a cS rch 2 , 1985 (Appendix 1),
tb B a::-ing OUic r ry car fully cons d d rul cS o
Ley don 's otion 0 • nc1 nta.
r of roo ch of th
ubj ct to th
City's no ith
r garcS 0 lC 0 I
•
•
•
• •
type of corrective action would be taken against him, as
possible basis for disciplinary action. Also significant is
the fact that all of these incidents involved corrective
actions or reprimands which were not previously appealable
under Englewood Ordinances. (Appendix 3 at 5.)
The City Attorney himself characterized the rulings on
these evidentiary issues as follows in his closing argument
to the Bearing Officer:
I think both sides have had an opportunity to pre-
sent just about any kind and all kinds of evidence
that they wanted in quantity and quality. And I
think the Bearing Officer bas been fair to both
sides in term5 of receiving and considering just
about everything we--either side--has wanted to
offer, including extraneous theories and trains of
thought from both aides. (Appendix 3 at 4.)
Despite th a, th City now devotes fully two-~hirda of its
fifty pages to cr ticizing the exclusion of matters which it
deeaed resolved i~ a manner •!air to both aides.•
Tne B &ring Officer's ruling was based primarily upon
the fact that Leyoon had not been given any notice that th
conouct a the •~bj c of any type or ne d for eorrec 1ve
act on. In ao do ng, the
follo ing p nclple:
ar ng Off c r stat d th
-2 -
I
•
• •
forewarned that continued conduct of this nature
could result in some form of disciplinary action.
Otherwise, the employee can only conclude that the
employer has condoned this conduct or in a case
such as this, has exonerated him from any taint of
wrongdoing. !Appendix 1 at 16-17.)
~also, ELKOURI AND ELKOURI, HOW ARBITRATION WORKS, 3rd
ed., at p. 639:
But there are limitations in the consideration of
past offenses. For instance, a distinction should
be made between rule infractions that have been
proved and mere past •charges.• Tnus it has been
held that while an employer may have the right to
post notations alleging rule infractions on the
employee records, the failure of the employer to
notify employees of alleged infractions at the time
of occurrence precludes him from using the nota-----
tions to support disciplinary action at a later
date, since employees should not be required to
disprove stale charges. or would an arbitrator
consider past rule infractions !or which the
employee ~as in no ~ay repr manded, or past
wa=nings wh ich had not been 1n such form as to make
them subject to a grievance.
If an employee s given not ce of adverse entries
n h a record L~d does not f1le a gr evance where
able to do so, an arbitrator .. y subaequ ntly
aec pt the entr es on the r face thout eon-
• r ng their ri. ta. [ Emphuia suppll d. l
ln • nc , t.h C ty uld base its disc arga of Laydon
pon eh&ri • n tr b ought to bia attention. "n\ •• ne -
nta, at not d, para ion froa l tary a.od
ac 1ona n to al.l 9 d • conduct for
ie L d ly axon rat c5 of any
rong r en • • pon nv at ga•
01'11 p c thlft n y ra a. r he .
-s-
I • •
-
•
•
• •
For convenience in reference, a summary of these prior
incidents has been prepared and attached as Appendix 6. As
can be readily observed, of all of these, only eight
involved any alleged physical contact, and only two of those
merited any kind of reprimand. This is over a career of
almost twenty years. Perhaps most significant is the fact
that Leydon was twice promoted during this time period and
was placed first on a list of officers under consideration
for promotion to Lieutenant. These promotions were made by
the City in full light of his past performance and alleged
misdeeds. Further, over the three years preceding the
Blatnik incident, the City found not one incident to add to
the •laundry list,• and Le y 6on's evaluations during the
entire ti .. cons istently recogoited bim as a good o f!i cer.
All these factors , includi~9 particularly the serv i ce record
of the officer, are relevant eons i d rations in determining
the appropr ate saoct.ioo. r t !.:. C1,il Ser 1c
c 5 94 , • 24 10 7, 10 tColo. A.,p. lf7t) I CitY ~
Auro r 570 25 , 255-6
tColo. Ap p. 1 rayal o · y on a
0 Ua9 ous , • •or~ tal • nd tor -pron • 1S t-an-
t in u 4 by ry
ae ons, 10 0 cay t lf, I •
•
• •
These disciplinary hearings are not controlled by strict
rules of evidence. Section l-7-7!cl, E.H.C. ~also,
Section 24-4-105, COLO. REV. STAT. !1973 as amended); Fish
~ Charnes, 652 P.2d 598 !Colo. 1982). ~~ile these provi-
sions make it clear that no firm rules of evidence limit
~hat the Bearing Officer may consider, they similarly do not
mandate that the Bearing Officer receive any and all prof-
fered evidence. The section uses the ~ord ~may,• leaving it
~ithin the discretion of the Bearing Officer as to ~~at
evidence ap~ars calculated to be relevant and probative.
The supreme Court has squarely held that the aearing
Officer's discretionary judgwent on these evidentiary and
procedural matters s subject to the follo~ing standard of
revie ~:
bearing officer's decision ~ill not be reversed
as an aouse of discretion unless, given ~~e ~tal
ty of the !actual circ~tancea at tbe ti .. of ~e
decision, th h aring officer's decision exc eded
tbe ~unds of reason.
710 P.2d 1095, 1091-9
6) Cno viola on of ploy 'a due proc sa
rights !or artng officer to d ny the use of d poai-
ions and o r !u e a reque t !or con nuanc pe:uHng .he
!Sisposit o o nal ch :g s). as d ·po~ • a stan~a:~.
ng 0!! c 'a 10 n 1 ry cia on 11 a
au a n
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The Board's review of these decisions is governed by the
following standard:
The findings and recommendations of the Hearing
Officer shall not be set aside by the Board unless
such findings and recommendations are contrary to
law or are unsupported by the weight of the
evidence.
And it was on this basis that it found no error or prejudice
to Leydon or the City by the evidentiary rulings.
Even if the Court were to conclude that the Bearing
Officer abused his discretion in his evidentiary rulinss to
the material prejudice of the City, neither the City's
discharge nor Leyden's reinstatement would be the prope:
remedy. Rather, the relief would be to remand for
•admin istrative review ~y the ~ard i n accorda:'lce with
proper proced~re.• Boa:d o! Education o! A:ar· Co~~tv ~
Lockha:t, 687 P.2d 1 306, 1309 (Colo. 1984), citing de~oevend
~~~Ed u cat ion , 688 P.2d 219, 230 CColo. l984l; !!!
.!!.!.2· dr i l !.:. Sc'!'lool
App. 1985).
In I ry, U!ere hal n no 1ho ing by th C ty at
he ev dentlary rul ng1, ~hich the City Attorn y h ma lf
re ~terially or adversely
bounds of r a on.• • n t o 1 gnif can ror r I •
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f ound, the appropriate remedy is to remand for further pro-
ceedings.
Conclusion
For the foregoing reasons, the Career Service Board
respectfully submits that its Decision in this matter should
be upheld.
Respectfully submitted,
CAPLAN AND EARNEST
By: ~~~c.~
RiChii E. Bump 1fi
Attorneys for Defendant
Englewood Career Service
Board
1301 Spruce S~reet, Suite 300
Boulder, Colorado 80302
(303) 443-1010
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CERTIFICATE OF MAILING
I HEREBY CERTIFY that true and correct copies of the
above and foregoing BRIEF OF DEPENDANT ENGLEWOOD CAREER
SERVICE BOARD were placed in the United S~ates mail , postage
prepaid, this 19111 day of August, 1986, addressed ~o the
following:
Sander N. Karp, Esq.
Shelley P. Dodge, Esq.
Karp ' Dodge
1860 Blake Street, Suite 810
Denver, Colorado 80202
John R. Olsen, Esq.
City Attorney
Ci~y of Englewood
3400 South Elati Street
Englewood, Colorado 80110
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HOME RULE CHARTER
:her p.ny is dissatisfied with the Bolrd's finet findings end recommend•
:he p.ny or penies may !Ubmit 1 wrinen notice of disutisfection to City
I within twenty (20) celender deys of the date of isallllCII of the Board's
end recommendations. Only the provision or provisions .,bmltt.t to the
for imp-rnolution, which provision or provisions ere the bells for
fectoon , may be contained in the notice to City Council. Within thiny
lendar days •Iter receipt of this notice of dltutlsfection, City Council thall
PICIII electiOn by OrdlnlllCII or rnolution .,bmltting the metter to 1 vot
quehhed eleetorete of the Coty . The final offers of the City end Certified
(• 0f91"1lltion end the Bolrd's AICOmmendationa on the i~a~eh) eon·
'" 1 notice of diiSitlafect.on thatl be .,bmltted • elumltlw lingle
" to • vote of the qualified elKton of the Citv. TM quelifled electon
ect etther the poaition of the Citv. the potltion of the Cerlified E~
· euon, or the Bolrd's recomm1nd1tion. The pGiition or NCCIII'In'lendation
111 the hlghett number of votll thell be deemed tpprOIMII Slid election
conttstlnt wtth the provis!OM of ArticJI II . Slttlon 14 of theC ty Ctww
lnd •PI" of env publlc.ateon or =•tv
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HOME RULE CHARTER
137 :8 CITY ORDIN ANC ES
The Council thatl ldopt ~te Ordinanc:ll to effKtulte the pohcies of
this Article of the Ch.,....
138 .1 REER SERVI E SYSTEM
The eppointlng Au~Mritv lhelt .,..,.end IUbmit to City Counctl for ldoptiOn
• "eer-SINicl SyMm" wttldl __. II)Piv to ell full time clelliflld employ~~~
of the City of EngMwooci lhlrlln the "Citv"l, •dudlnt fJifiY elected offte.al or
penon eppolnlld to fill 1 vec.nt .--pGiition, fJifiY Board or Comm...on
Member, Judlt, City MaNew • .....,.,_of the City Mlftlll''' ofhce. [)ec)ln
ment Helda. City AttomiY • .,.,..,_of the Citv Anomev'• office, eonhdllnull
IICRW ... end I*'DfiiiPPDinlld to I poMIOf'l by Council .
Prior to finll •••-•t by City Council of fJifiY CMdinlnce ldoptlflt ad~
SVtflfl\ 01 of 11ft/ Oldinlla IIIIWidlni .. _.., wdl Ofdtnlnce 01 """'ldment
tnatl be albminld to IN lolld of C... s-a Commillic.o•• tor reoon-id
liOns end .. lolfd lhlll, priof to folw11dit. to City c-.ai ad~ NCOINI•ICN
teon., efw ~ public not • ho6d I public '-'int ....,._ Tlw loard
thlll hlllll tortv fiwl 1451 ~ -. honl • ct.. of IUbmitlion to fCiflllrlrd lll(tl l'fllCOII ____ to .. City Council
M lTP Pl.£$
It
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HOME RULE CHARTER
lVI as • basis for penonnel ection including promotion, reorganizing and
rewarding superior performance and correcting inadequate performance or
•p•ating employees in c:a.s of continued inedequate performance.
V . Permanent fu II time clnlified employ-will not be subject to separation
except for just c:aa• or such rw110ns a cunailment of wonc, liCk of funds
or other legitimate rw~~C~ns.
138 :3 CAREER SERVICE BOARD
Til. Council lhall cram • Carwr Service Board (h.reinafter the "Board"),
which lhall consist of five (5) members, all of whom rwide within the City and ~ the inlllgrity and Impartiality to proc.ct the public intarwt, n well n the
intarwt of the City and its full -time perTNnent c'-ified employees. Mamban
of the Board lhall be appointed, elacted and -*ted, n follows :
1•1 Two 121 mernbert of the Board lhall be IPPOinted by the City Council
for wms of four (4) years.
(bl Two 121 membef1 of the Board lhall be elacted by direct IICret ballot
by Ill full ·time INI"Nflent clallified empfovwl of the City for terms of four 14) years.
lcl One member of the Board lhlll be lllected by ~h. four (4) memben
PI'IVIoutly IPPOinlld by the Council and/or etac:t.cs by th. full-time
Pln'IIIMnt cta.ified ~ Said member lhlll be ~ by •
rnalorlty vota of the laid four 1411Nmbera and lhlll -. for • .-m of
four 141 y..,.. ffom the One of ~~faction. This ftftll member lhlll be
the .......... ~ of the loft. Witt\ ..,. ltlactlon of the fiftll
lftlllnber. the lolld lhaM be dl.tly CGnllhulld and --" member lhlll
-. ca.tr1nt hll or h.r '-PIIC\M tww11 of office or until h11 or lw
rellfl\ltiOfl, '"*' or 1-*1 • hertinaher PIOVided
(d ) It, 1ht earms of ~h. offiCII of the lhlll be
el
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HOME RULE CHARTER
time pennanent cl-fied employees. The provis ions of eny tuch ordinenc:e lhall
be edmininered by the City Election Comm ission • established in this Ctwur.
138:4 DlJTIES AND POWERS OF THE CAREER SERVICE BOARD
The Board lhall h-the following duties ind ~:
(a) To hNr merit ~PJ~e•ls of eny full ·time permanent cta.ified ""P'ov•
~ing the proper applie~tion of the Administrative Proc.dures
edop~ pui1Uent to Section 138 :2 of the Charter governing Merit
principles with mpect to :
Iii Selection and edvencernent on the besis of the employ•'• relative
ability, kMWiedgt and *ills; and
I iii The -.bllthment and maintenanc:e of • c'-ification plen b..cl on
jobanaly ..
H-. the Board lhell ~ no IUthority or mpomibility to hNr or
ct.t.mline if • per--.-. denied IPPOintment or If a full ·time pwman-
.,t c'-ified amp~ -. denied promotion for -of allegtd
dilaimiNtlon b..cl upon race, relig ion , •· ••· "-'dicap or Mtionll oritln .
lbl To .-nt axduliwe ~ltion to en employw ~lzatlon to ~t
full-time dalllfled ~ve-of en appropriatl blrwiM III • unit for
purpoes of coltec:tiwe bargaining.
lei ""-'am eo Slc1ion 137 :8 of this Anidl, to conduct heerlntl and-..
flndlntt of f8ct and ~ for '-'utlon of mandiiDrv ..
jects of b~rw~Miint upon wtlic:h the !*till-at ~.
(dl To at • fie final authority with I'IIPICt to IPPf'OVIng 11PPf0Priata
~ bqllning units.
Cal To .,_., aiiJctionl for lllectlon or ,._t ion of certified emp1oyw
., -and to certify the ratu lts of IUdl election
I fl 1nt I* tlons for ion or
11 •1011 and .,...._ fot _,_iatl bal'tMIIftl unl
(g) Of demand •• mandatory
of t ion 137 51 •1 of th
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HOME RULE CHARTER
lhl To '-' dill:iplin«y 8PPU1s for eny full-time permanent ct..ified
employee with NIPKt only to whether 1Nt .mploy•'• .,apemjon,
demotion « dilcharge -for CIU• which reletft to the perfOfi"IWICII
of duties, .-mnal conduct, « any other factor detrimental to the City
and/or any ott. jull and I"MIOIIIbla CIU•.
(II To '-' and determine grievance 8PPUis for any full -time cl.-lfied
employee whoe poaltlon falls within an appropriate bargainin9 unit for
eny matter not dirwc:tly re'-tad to cl .. ification and/or tfttine, « .,.
pention, demotion « diac"-rga, and which is an alleged violation of the
applicable collective ~ining eg..-nt.
(jl To IPPOint • '-'lng officer {with demonltrlbla lbllity In llbor and
employee relations) to meke findingl and recommendatione to the Board
for itl final IPPfQWel whh ..-..pect to the following : dilcipllnery eppeels,
grlevanca eppeela, and eny t..ing « pre-e6ectlon con,._ • may be
direc:11d b¥ Oldlnanca with ..-..pect to petitions f« INction or retention
of • Cllftified wnployee organization or • petition for c'-rificetlon or _._,t of an eailtlng eppraprilta blrtllnin9 unit.
lkl To take .,di ec-. • the Board deeml -v to ett.c1ueta the
policies of this ~ amendment and any Ordi~ adopted
punuant hereto.
fll The loerd II eultlcwlnd, IDIIowlng notice and heefing. to edopt ....-,n.
llble Nlll and PfOOidu,. not •-liMFt with the provillona of this «
any Olfw OWter « Ord"*-provillons which--v in the per·
tonn.. of 1t1 dutiiL
Couftdl lhell .... ......... OldiNial ~ the .-.rdl and
.......,.. wilt! ...-a to eny of the tareto1nt dutill and powen of the loard.
Caufldl IIW¥ .. ~ lllllftliCI' .. Ofdlnenola to provide ..-clel ......,_ to
the lolrd • mev be .-v • .......
lli:S
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FffCTIVE DATE · VESTED RIGHTS
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3 -3 -2 3 -3 -3
Failure on the part of C1ty man:gement to ab1de by any t1me lim1ts spec1fied in this
Chapter shall be considered as an answer deny1ng the employee's appeal.
All claims for back wages shall oe l1m1ted to the amount of wages that the employee
would otherwise have earned . les s any unemployment or other c ompensatiOn that they
may have rece1ved from any other :.ource of employment dunng the penod of back
pay . Such employee shall have the burden of showing that he was actively seek1ng
substantially equ•valent empioyme nt ounng such lime . (Ord . 80 Ser ies 1 981 )
3 -3 -3· Hearing OWen-:
A . When hear~ng on a grievance appeal or a d•sc•plinary appeal before the Board
under th1s Chapter will , or 1s likely to . ;>resent .
1 Compl x 1ssu es of I ct or law, or
2. Numerous witnesses and extens1ve oral testimony o r documentary evidence ;
or
3 . For any other good cause as may be determ1ned by the Bo rd . the Bo rd
may appoint a Heanng Off1c r who hall hear tne ppeal as authonzed by th•s
Sectton .
The Heanng Off1c r sh II be ppo1nted by the majOnty vote of the Bo rd
members.
B . Except s otherw1 provided her '"Of as provided by wntten rule of the 8o¥d.
the H nng Off1 c er shall hav such general uthonty as now cont ned 1n
24·4·105(3) through (81 C R S . 1973, as amended .
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3 -3 -3 3 -3 -3
E. Upon receipt of the petition in protest and the response thereto. if filed , the
Board may order all or any part of the record of proceedings transcribed and
submitted to it for its review .
F. The Board may . in its discretion , permit oral argument , but shall not rehear
testimony already received or presented to the Heanng Officer . The findings
and recommendations of the Hearing Officer shall not be set aside by the Board
unless such findings and recommendations are contrary to law or are unsup-
ported by the weight of the evidence .
G. After oral argument , if permitted , and reviewed by the Board of the Hearing
Officer's findings and recommendations . together with petitions of the parties ,
said Board shall , within twenty (201 calendar days, make its decision a matter
of record, affirming, modifying or reversing the findings and recommendations
of the Hearing Officer.
H . The decision of the Board shall be final , subject to judicial review pursuant to
rule 106(a)(4), Colorado Rules of Civil Procedure, as said rule exists or as it
may be ~ter amended . (Qrd . 80 Senes 19811
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3-1N -9 3 -1N -10
8.4) parties , g1ving due consideration to the ava1lab1lity of Board members or Hear-
ing Officer, the ava1labll1ty of the part1es . the complexities of the specific case .
and the workload oi the Board . The Board or Hearing Officer shall issue its deci -
sion within twenty (20) days of the conclus1on of the heanng .
5 . Postponements . Postponements may be granted only for good cause .
Scheduling of cases w1ll in1t1ally anempt to accommodate the needs of both
parties in arrang1ng the~r schedules and making adequate preparation . Postpone-
ment beyond the scheduled date will only be in recognition of unforeseen and
unavoidable circumstances .
6 . Subpoenas . Subpoenas for attendance at hearings may be issued upon re -
quest of the parties . The request for a subpoena must contain the names and
addresses of those to be subpoenaed and the reason for the necessity of such
a subpoena . Requests for subpoenas and for production of any books, records
or papers pertinent to the hearing shall be made to the City Employee Rela ·
tions office at least ten (10) days prior to the heanng date and must be served
at least two (2 ) days pnor to hearing . The Board cha1rman or Hearing Officer
shall1ssue subpoenas . The Muntcipal Court shall enforce subpoenas by com -
pelling anendance .
7 . RepresentatiOn Any party or person appealing to the Board shall have the
nght to be accompanted, represented or adviSed by an anorr~ey . Any designated
anorney should file a not1ce of representatiOn w1th the Employee RelatiOns of-
fice as soon as poss1ble after being so deSignated (Ord . 14 Series 1983)
3 -1N -10 AR[£Jt E.RV BOARD:
A Hear.ngs before the Car Servece Board shall be conducted Informally lind
gener .. t lflaccordance w1th Colorado Rev1sed Statutes 1973. 24 4105,
8
and INII not be bound by format court proceciuf
The C eer Sel tee Board or 1t1 Hear.ng Off1 r
Admtntater o
2 t ue subpoe
lind PIIC»f s ;
pon off
4
and ff tNNitl()n ••
of DtOOI
hive t power to :
produc oon o boo • records
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3-1N-9
3 -1N -10
B.4) part1es , 91ving due cons1derauon to the ava1lab1hty of Board members or Hear-
ing Off1cer, the availability of the part1es , the complex111es of the specific case ,
and the workload 01 the Board . The Board or Hearing OH1cer shall issue its deci-
sion 11111thin twenty (20) days of t he co nclus1on of the heanng .
5 . Postponements Postponements may be granted only for good cause .
Schedu ling of c ases w1ll 1n1 t1ally anempt to accommodate the needs of both
parties in arrang1ng the1r schedules and mak1ng adequate preparation . Postpone-
ment beyond the scheduled date w1ll only be 1n recogmt10n of unforeseen and
unavotdab le Circumstances
6 . Subpoenas . S u bpoenas f or attendance at heanngs may be 1ssued upon re -
quest of the partie s . The request for a subpoena must contam the names and
addresses of those to be subpoenaed nd the reason for the necess1ty of such
a subpoena Req uests for ubpoen sand for produc 10n of ny books, records
or papers pertinen t to the heanng shall be mad to the C1t Employee Rela -
tions office at least ten (10) days poor to the heanng date and must be served
at least two (2 1 days pr10r to heanng The Board cha1rman or Heanng Officer
shall issue subpoenas . The Munte1pal Court shall enforce subpoenas by com-
pelling an endance .
7 . Representation . Any party or person appealtng to the Board shall have the
nght to be accompan.ec~, represented or adviSed by an anorney Any designated
anorney should file a not1ce of representattOO w 1th the Employee RelatiOns of-
fa as soon a posSible after betng so deSignated !Otd 14 Sertes 19831
3 -1N -10 REER ER\il IOARD:
A . Hewtng before the Career Sefvtee Board shall be conducted Informally and
gener tn accotd.nce wtth the COlorado R St 1973, 24 4 105,
and not bound b format court procedur
B. Thee pow o
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3 -1N-10 3 -1N -10
C . Each pany shall have the right to present his/her case by oral and/or documentary
evidence , to submit rebuttal evidence , and to conduct such cross-examination
as may be required for a full and true disclosure of the facts . No ex parte material
or representation of any kind shall be received or considered by the Board or
Hearing Officer . Each party is entitled to an impartial Board or Hearing Officer .
D . A hear1ng may proceed in the absence of the appointing authority . If the ap -
pellant, after due notice, fails to be present , or fails to obtain an adjournment,
end within five (51 days does not provide good cause therefor to the Board ,
the ~ting authority's action shall be presumed to be valid .
E. The C~n~er Service Board may grant cont inuances or adJOUrn the hearing from
time to nme upon its own motion , upon jOint request of the parties, or upon
the request of one party for good cause shown .
F . A J*tY who does not testify in his/her own behalf may be called and examined
by the ~ party or the Board as if under cross-examination .
G . Boen:l members must be present when the Board is called to order and must
be prnent throughout the whole proceedtng in order to tae part in any of the
pro~s . including deliberations and the flllal vote . Any Board member not
preMnt throughout the whole proceeding may tae part in the proceeding's
final vote If lathe "-• read the transcnpt or listened to the recording of the pro-
ceeding fYOm which (slhe was ~t pnor to t8king part in uid deliberation
end vot
H. bch deCISion shall InClude a statement of findlllgl and conclusions upon all
the rNteriaiiiSSUis of feet , ordiNnoe , or chctetlon prnentad by the record
end the IICIOI'OPNte rule. senctJO n , relief or denial thereof .
I. Heenng Officer's decision may be 8PCMeled Wlttw\ ten (101 days to the Boen:l
for P'-"Uent to ~ns 3 -3 -30 through H
J . sn .. be MIVed on NCh panv by ~ MMCe or by meillllg
INII to the lest..._. fUI'nllhad the loerd by such piii1V and
eftl~~ttt•""' .. to such P11ftY on the dille mlliled or eueh 1at ..
dectslon (Qrd , .. s 19831
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3 -lM -7
3 -1M -5 : MEt.:Tillor. \\ ITH F.:I.IPLO\ I::E : When mformat1on received by the ap -
pointmg authority or d s1gnee 1nd1cates the possible need to administer
diSCipl inary or c orrective act10n . fs)he shall meet w 1th the employee involved , present
the in formation that has comd to h1s er anenuon . and g1ve the employee an oppor-
tunity to adm1t or prc~nt 1n form auon regard1ng m1t1g at1ng Circumstances .
It is not intended that th1 s meet1ng constitute a formal heanng but only an opportunity
for parties to meet and e change ml ormauon
If the employee wishes , fs)he may subm1t a wntten e planatory statement to the ap -
pointing authority or des1gnee wh1ch shall be attached to and ept with a copy of the
disciplinary or corrective act1on .
The appointing authonty 's or des1gnee 's determ1nat10n of act1on to b taken shall
be based upon the 1nform uon obtained rom the mplo nd other appropnate
sources and up on the Circumstances of the case lOrd . 14 S r~es 19831
3 -1M -6 .
A Oral Correct1ve A 100 Whenev r grounds for correc tve actiOn e1ust and t
supervtsor d t rtn1ne that the 1ncldent, actiOn or behaviOr of the employee 1
such that more vtw ctJOn not WlYTiedJa ely ery , the SUperviSOr should
orrity communtce to err()loyee the SUpeM~or 's observatl()(l of the problem
and offer stance"' COtrecttng the SituatiOn . When an oral correcttve ICtiOn
is gwen , the supe"''SOf should ensure that the emplo ee 's departmental per
10nne1 f 1 IS documented to w date of he correctrve actl()(l and the natvr
of the correc tv ac 100 The tmplo should be lldvtsed that the correct•
IIC!I()(l wta be docu nted "' employee's department al ftle
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A ,l ) but suff1c1ent ev1dence 1s not yet ava1lable to make a proper evaluation and
derenn1nJt1on o f appropnate fmal act10n the appointing authon ty or des1gnee
may suspend an P.m ployce for a penod of t1me determined by the appo1nt1ng
authonty or d es1gnec pend1ng 1nvesugat1on
B.
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2 . DI SCiplinary Act 1on When an appointing au thonty or des1gnee det rm1nes
that suspens1on 1s an appropnate diSC iolinar action for a v1ol ation . an employee
may be suspended from duty depend1ng on the senousness of the offense .
3 . Misdemeanor or Felony . When an employee has be n charged w1th a cnme
class1f1ed as a misdemeanor or felonv . the appo1nt1ng authonty or d s1gnee shall
rev1ew th e nature of the employee s offense. make a detcrmmat1on of th Im-
pact of th e crune on the ab11ity of the employee to properly perform th dull s
of h1s h r pos1t1on 1n a sat1sf ctory m nner or 1f the offense reflects unfavorably
on the C1ty .
4 Emergency SuspensiOn If a s1tu tron ex1sts whteh ma es 1mmed1ate suspen -
51011 of any emplo.,ee necessary before concurrence can be obta.ned, to preserve
the health nd sa ety of th employ or others or to conunue v1tal erv1ce
t o t he publrc, or to conunue a C1t functiOn w1thout senous d•srupt1on . a u r·
v1sor m y m such n •mmed1 t u pens1on . Any such merg nc u pen ·
s10n mu t be r port d to ppo~ntong authority or d s nee for concurr
at the rl s po ,bJ t1m
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requirement for concu rr ence 1s not 1ntendec
stbility nor o preclude he 1n1med1ate :.us pe
Situ at ion or otner ctrcumstJnces make 1t 1m
14 Series 19831
3-lM -3 : CORR HTI\ t -\CTIO ' ,
A . Corrective Actions . Corrective actions are pnmanly Intended to correct and im-
prove an employee 's JOb performance and attitudes and are not intended to
be pumt1ve .
1 . Correct1ve actions .nclude oral reprimands and written repnmands .
2 . Corrective actions may be taken with regard to employees who display in ·
ab1hty to perform thetr ass1gned dut1es , as well as for causes listed in Section
3 -ll -4 when appropnate .
3 . Correctrv actiOns may be adm1mstered concurrently wtth a disaphnary actiOn .
B. D•sc:phnary ActiOns . DISCiplinary actiOn are tho personnel actiOns administered
agamst an emplo ee for an offensive act or poor JOb performance, wh1ch ac ·
tions adver I affect the curren t pay , current status, or tenure of the employee .
A ,
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1 . DISCiplinary action penalties mclude suspens1on , demouon, and d1scharg
of an employee .
2 . Dtsclpltnary act•on may be admtn.stered concurr ntly wtth correcuve actoo
(Ord 14 Senes 19831
10 :An of
dur 0 POStUon to which
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3 -lM -4 3 -lM -4
F .
G.
H.
I.
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l
N.
0
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lntox1cat1on or use of alcoholic beverages . or abuse of narcotiCS , drugs or other
controlled substances wh1le on duty . or reporting for work wh1le under the 1n ·
fluence of alcohol or narcotiC or restricted substances .
Phys1cal or mental 1ncapac1ty .
Insubordination (Including . but not ltm1ted to refusal to do ass1gned work ).
Criminal . dishonest or other conduct wh1ch interferes With effecttve job per-
formance or has an ad~erse effect on t he effic.ency of C1ty serv1ce .
Violatton of privileged tnformatton or tts use for pnva te gatn .
Incompetent or unsatisfactory performance of duttes
Knowtngly giving false statements to superv•sors , other offtctals or the publtc .
A ny conduct , on or off duty, that reflects unfavorably on the C ity as an
employer
Membershtp tn any org ntzaoon whtch advocat th overthrow of the gov rn -
ment of the Untted States by force or v10lence .
Dtscovery of a false stat ment tn an appltcattOn or tn any other document u d
to obtatn employm nt whteh had not been prevtously dt covered .
A cceptance of gratu1ttes to the elCtent prohtbtted tn Arttele 0 of thts Chapter,
Sect100s 3 -10 -1 et eq
a Refusal to be 8lCam.ned by I Ct ptl tCtan or Ot destgn ted mediCal authonty
or when 10 dtf ed.
R.
s
T.
u.
v.
Pohtteal
3 10
p
1100 ou tl"* tn Art 0 of thl Ch pt r, SectiOns
1o tv oeth .
defined by t Ctt C"-'t
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ORDINANCE NO.
SERIES OF 1987--
•'
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BY AIJI'HORITY
A BIU. F'CR
;1-bi
caH:IL BIU. NO. 67
INmaXJCID BY ca.H:IL
MEl4BER oris
REINI'RaXCFD BY
<XXH:IL ~ HIGDII.Y
AN <JIDINAOCE AHfMln«i TITLE 3, ENiLfXXI) K.JNICIPAL aDE 1985, RELATIKi 'ID ntE
CAREER SERVICE SYS'ID1.
WHEREAS, the City Council f ls tha the Charter provision ooncerning
the powers and d.tties of the Career Service Board Wlder disciplinary appeals
are clear and concise; and
WHEREAS, to clarify certain ordinance provisions ooncerni.nq the powers
and d.tties of the Career Service Board under disciplinary appeals, Council
desires to amend Ti le 3, EMC 1985;
, TRmEFCJU:, BE IT ~ BY THE CIT'i ...._. ..... _,y_.,.Cf'~..o1'1ilollli.,.IIICIT'illll&,lL..:;:<»'~-----~.~.THAT:
Section l.
EngleWOOd fol.lnicipal
tions D 3. b. and c. of Title 3, 0\lpter l, Sect on 4,
1985, AI' hereby to read u follOIIS:
3-1-4: RESPQ..'SIBILITY F'CR AaUNISTRM'I
D.
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Section 2. SUbsection A of Title 3, Chapter lN, Section 9, Englewood
Municipal COde 1985, is hereby amended to read as follows:
3-lN-9: DISCIPLINARY APPEALS
A. Subject Ma ter of appeal. A full-time, permanent, classified
errployee rMy appeal to the Board to review his disciplinary
suspension, disciplinary derrotion or disciplinary discharge. 'nle
Board shall hear the ent'loyee's disciplinary appeal with respect to
only whether his suspension, denDtion, or discharge was for cause
which rela es to the performance of dJties, personal ocndx::t, or any
other fltctor detrimental to the City and/or any other just and
reasonable cause . IN 'mE J:.VDn' 'mAT CAUSE IS roH> FeR DISCIPLINE,
THE OOARD SHALL 001' KDUY 00 AL~ THE DISCIPLINE SELI!X:TED BY 'mE
CITY MANAGER 00 HIS DESIGNEE.
Introduced, read in full, and not passed on first reading for failure of
affirrMtive vote the 19th day of Cktober, 1987.
fo'.o ion made by Councilman Higday and approved to reconsider oo the 3rd
day of November, 1987.
Introduced, read in full, and passed on first reading oo the 17th day of Nc:Nerltler, 1987.
Publi hed a Bill for an Ord.inance oo the 18th day of NaYalber, 1987.
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18 , I 7
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C 0 U N C I L
DATE
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C 0 M M U N I C A T _ J N
AGENDA ITEM SUBJECT South Arapahoe
Sanitation District
Su let~tnt 135
INITIATED BY ------~E~nq~l~e~wo~oo~W~Iut~e~r~•~M~S~~~r~~~a~r~d __________________ __
ACTION PROPOSED Council iDpronl of South Anp1hoe S1nltltlon District
Connectors Aqree~ent Supple.ent 135
A request was .. de by the South Arapahoe S1nltatlon District representing the
owner/developer for annexation to the South Arap1hoe Sanitation service area.
Inclusion of this land does not Increase the tap allocation to the South Arapahoe Sanitation District.
a . Suppl nt 135 Is for an area approxl .. tely 1 .036 acres .
Th property Is being developed for slngl e -faaily resident al use .
b . lEGAl :
Attached .
c. RS :
C 1 br Oev lo nt Corpora io • 2515 Stxt nth St., Su t 225, Oenv r , co 80211
d . lA 0 TAilS :
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ORDINAOCE NO.
SERIES OF 198-7-
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BY AlmiCIUTY
A BllL nR
IIC
AN ORDINAtCE APP~ SUPPIDIDll' NO. 34 ~ PAR:EL "B" not THE !D.m1
ARAPAKE SANITATioo DIS'IRICT • s ~ • s AGRfDf:Nr wrm THE CITY CR
DG.EHX0 nR 'rnE D<Cl..USIOO FRCM THE ~ ARAPAKE SNU'IM'I<Jol ~CE AREA.
WI-~, South Arapahoe Sanitation District desires elCC!usion of an area
approximately 2.669 acres from its District; and
and WHEREAS, said area is being developed for single-f-.ily residential uae;
~IHEREAS, said exclusion of this parcel of land will not increase or
decrease the tap allocation to the South Arapahoe Sanitation District; and
~. it is necessacy for said District to amend its ocntracts with
the City of Engle.'OOd to exclude this land within the District;
tnl, 'niElU':Fem:, BE IT ~ BY THE CITY O::UCIL CR THE CITY CR
DIGLEJ«XX>, ~. tha :
Section 1. 'lhe Agreement between the City of Englewood and South
ArapahOe Sanitation District entitled "~1--. t«>.34 to Connector's
Aqreemeut" for Parcel "8" be and hereby is ~. 1. CXlpy of said agr1-1t
is a tached hereto and incorporated herein by reference.
In .rocb::ed,
Noo.llft'lt)er, 1987.
Mayor and City Clerk are hereby authodzed to • 91'1
said foe ~ on behalf of the c ty
onf 17th of
H a 8111 f an Otdi on
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SUPPLEMENT NO. TO CONNECTOR'S AGREEMENT
TillS AGREEMENT, mad e a nd e ntered into by and between the CITY OF
F.NGLEW OO D, acting by and thro ugh its duly authorized Mayor and
City Clerk, herein af t er c alled the "City," and SOUTH ARAPAHOE
SANITATION DI STR ICT , Ara pahoe County, Colorado, hereinafter
called the "D is tric
WITN ESSET H:
WH EREAS , h Ci y and he Di st ric have e n tered i nto an
Agre men dat d June 19, 198 4 , i n wh ich th City ha s agr ed to
treat sew g origina 1ng f r o m t h e Dis ric 's sani tary Sew e r
system w1 hin th area s rv d b y the Dis t ric t ; and
WHEREAS , h 1nd1V1duals and/or bus1.ness n iti s n e d
h r 1n b lo hav d h Dl.S r1ct 0 hav c rta 1n
pro xclud Dis r1c boundar1 s; and
S, h 1Sh 0 acknowl d changes 1n he
und r1 s of h 0 n h rl. n cons n ot
h Cl y or uc
lon n • • d
und or • oll ll
1. T 0
r d 1n co n y, 'I y
ully
A 0 n
ou A nt 10
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Accordingly, Exhibit A referred to in Paragraph 1 of the
Connector's Agreement dated June 19, 1984, is hereby a.ended to
exclude such area.
2. Each and every other provision of the said Connector'•
Agreement dated June 19, 1984, shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hand• and
seals this day of , 1987.
ATTEST:
CITY CLE
(S E A Ll
Ll
THE CITY OF ENGLEWOOD
By: ________________________ _
MAYOR
SOUTH Dl T ICT
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C 0 U N C I L
DATE
Nov~r 12 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT South Arapahoe
Sanitation District
S 1 n 134
INITIATED BY ___ __:E:.:.:n ... gl:..:ewo=od=-.=.ll::.;lt:.:e:.:...r-:a:.:.n::::d....;S:..::ewe=r=--=Boc:.a::.;rd=-. _________ _
ACTION PROPOSED Council approval of South Arapahoe Sanitation Distr ict
Connector Agreeaent Supple.ent 134 for Parcel "B"
A request was aade by the South Arapahoe Sanitation District representing the
owner/developer for exclusion f~ the South Arapahoe Sanitation service area .
Exclusion of this land does not increase the tap allocation to the South
Arapahoe Sanitation District.
a . Supple.ent 34 is for an area approxlaattly 2 .669 acres. The property fs
being developed for stngle-f .. tly resld nt al use .
b . lEGAl.:
See Atta ched .
c. RS :
C 1 brity Dtv lo~nt Corpora on , 2525 Sl t nt S ., St . 225, Dtnv r , CO
80211.
lA DtTAILS ;
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OODDWCE NO.
SERIES CF 198_7_
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BY AUTHORITY
A BilL~
AN CIIDDWCE ~ SUPPI..flo1ENl' NO. 35 ~ PAR:EL "C" TO ~ ARN'Ait:E
SANITATIOO DISTIUCI''S CCN~'S ~ wrm THE CITY CF l'l'«ii..EWXD TO
DCUDE AOOITiaiAL LAND WITHIN TIIEIR DISTRICI' IUHl!UUES.
tllmEAS, South Arapahoe Sanitation District desires to annex an
additional area approX1mately 1.036 acres into its District; and
t·lHEREAS, said area is now zoned for single-family residential use; and
WHI'l!EAS, said annexation of this additional parcel of land will not
increase the tap allocation to the South Arapahoe Sanitation District; and
MHERF.AS, it is necessary for said District to amend its contracts with
the City of Englewood to annex this land within the District;
tOi I ~I BE IT CRlt\INED BY THE CITY CXUCIL Cl '1m! CITY Cl
EH:il.D«XD, ~. that:
Section 1. 'nle ~t ~the City of Englewood and South
ArapshOe sanitation Dis rict en itled "&.wleaent t«>.35 for Parcel "C" to the
oonnector's agrea~~ent• for arvv:xa ion be and here by is approved. A ocpy of
SAid Agl:e 11 is attached hereto and incorporated herein by reference.
and Clty Clerk are hereby authorized to ugn .00
1/ j,
IIAl.d for and on f of the City Ccan::il
In , read 1n full, d on first reading on the 17th of
r, 1987.
a B 11 for an Or<1J.nanc; on 18 day of Nallolllfblu-, 1987.
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SUPPLEKENT NO. 3,£ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, mad and ent red into by and between the CITY OF
ENGLEWOOD, acting by and hrough its duly authorized Kayar and
City Clerk, hereinafter called the "City" and SOUTH ARAPAHOE
SANITATION DISTRICT, Arapahoe County , Colorado, hereinafter
called the "Distr ict,"
WITNESSETH:
WHEREAS, the Ci y and the District have entered into an
Agreement da d Jun 19, 1984, in wh ich th City has agr ed to
treat sew11ge orig1na ing from he Dis ric 'a sanitary Sewer
system within th ar a served by the District; and
WHEREA S, said Conn c or's Agreemen provides that the
Dis r1c may no nlarg i a s rvice ar a wi hou th wr1tten
cons nt o th Ci y.
NOW THEREFOR , 1n cona1d ra on of the mu u 1 cov n n 1 and
und r a inga her in • or part1 a agr •• foll a:
1. Th Ct 0 h 1nclusion of c rta1n
add1 10 1 ar a loc d in County, Color do, n d by
y 0 v Co 1x ui •
, Color 0 8021 land on xhibl A
• h r 0 d d h r 1n by 1n o 0 h
Ar ho Di y • ha • d
onal 'I e111 1 •
ou r c , d 1n o
y•a ll tn
Jun 1 , ••
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Accordingly, Exhibit A referred to in Paragraph 1 of the
Connector's Agreement dated June 19, 1984, is hereby amended to
include s u ch add itional area.
2. Each and every other provision of the said Connector's
Agreement dated June 19, 1984, shall remain unchanged.
IN WITNESS WHERE OF , the parties have set their hands and
seals this day of , 1987.
ATTEST:
CITY CLERK
(~ E A L)
ATT T:
A Ll
CITY OF ENGLEWOOD
By:~~~------------------MAYOR
DISTRICT
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L~GAL DESC~!?~IO~ -?ARC~L B
A TRACT Of LMlD LOCAT~D IN TH~ SOUTHEAST QUAR'!'~R OF SECTION 31,
TOw"NS~!P 5 SOU'!'!i, RA!-:GE 67 :..::S':' Of THE SIXTH PRINCIPAL MERI!:li;.:I,
COUN7Y Of ARAPAHO~, STAT~ Of COLORADO BEING MO~E PARTICUL;.RLY
OESCRI~ED AS fOLLOWS:
3AS!S O< BEA~INGS BEING T~E EAST LINE Of THE SOUTHEAST QUAR~E~ Of
SECTION 31, BEING CONSIDERED TO BE>.~ N00"26'<4"E;
coM~E~CING AT THE soGTHEAST coRNER or SAID SECTION 31; THE~c:: 1
N29"30'55"1i A DISTANCE Of 1659.94 fEET TO THE POINT OF BtGINNHIG; I
THENCE S85"18'03"W A DISTANCE OF 131.05 fEET; THENCE N48"4l':<l"l~ I
A DISTANCE o: 192.71 fEET; THENC~ N33"29'51"E A DISTANCE OF I
235.79 FEET; TH::.cE 52"~6'35"~ A DISTANCE or 233.47 FEET; r.~::~c:: I
N22"~3'20"E A DISTANCE Of 113.79 FEET; THENCE N70.3J'(2"E A
DISTANCE OF 71.28 FEET; THENCE N30.40'27"E A DISTANCE OF 12<.58
FEET; THENCE N49"44'30"W A DISTANCE OF 23.26 FEET; THENC~
66.50'14"W A DISTANCE OF 73.95 FEET; THENCE N28.49'52"E A
DISTANCE OF 29.27 fEET TO A POI TON CURVE; THENCE ALONG THE ;.RC
OF A CURVE TO T!iE R:::GHT WHOSE CEN':'ER SEARS Sl2"39'45"W, H.:W!.IC A
DELTA Of 25.46'58", A RAOIOS OF 310.00 FEET AND A LENGT ~ Of
139.50 FEET TO THE PO! T OF ':'A GEST; THENCE S51.33'17 "E A
DISTANCE OF 105.00 FEET; T~t CE S!6"0!'0l"t A DISTANCE Of 8S.02
FEET; Ti!t CE 53 •:&•n•w A DIS':'A Ct Of' HO.OO FEET ; '!'H! CE
519.00'47"! A D!STA;c:; OF •. 43 r_:;•; THENCE 529.55'57"! A
DISTANCE OF 104.6~ .!~: ~0 :sr ?0!: OF ltGIN I G, CO ~A!'! G
2. 669 ACP.!S.
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A ~~ACT OF L~NO LOC~72D !N T~E SOU':'HE~ST 0U~~7!~ OF S~C~!ON 31, 7Q;,-:.~sr.I? 5 SOU'!'.'!, Ri.N~~ 67 wEST OF 7r.~ SIXTH PRI.'CIPAL 1-!E?.ID!;,r:, COUN~Y OF ~?.A?AHC~, S~A72 OF COLORADO S~INC MO~t ?A?.':'!C~L~R:! c;:s::::~r=-~o ;.s ;c:tc;.;s:
3~S!S OF 3~ARINGS ~~!~C THE !~S'!' LIN! OF 7.'!E SOU':'H!AST OU~RT~~ OF
SECTION 31, S!I~~ CC~S:D~?.EO 70 !~Ail N00"26'4~"E;
COHHENCINC AT 7~E SOU72£AST CORNER OF SA!~ SECTION 31; TH!NCE ~25"22'50"W A DISTANC! OF 2~39.94 FEET TO THE POINT OF !EG!NN!NC,
SA!O ?O!,'T !EINC ON c:.ixV!; ~ENC! ALO:~C ,; CuilV! TO THE LEFT WHOS!
CENT!R E!AR5 S12"39'C5"W, HAVING A OE~TA OF 13"JC'J1•, A RADIUS
c: 310.00 F£2T AND A L!t!G':'!i OF 100.50 rEET; TtiENCE N05"54'H"W A
DISTANC! OF 170.00 r!ET; T.'!ENCE Nl6"18'57"~ A DISTANCE OF 102.95
FEET; T:iEoCE Nl1"38'13"W A DIS!'i.NCE OF 29.06 FEET; T::!NC!
N79"22'34"£ A D!STANC! Or 57.57 r!!T; THENCE 579"21'26"! A
DISTANC! Or 113.62 F2!':'; T!i!NCE S75"38'27":;: A D!STANC:: OF 31.99
F!:::T; THENCE S15"J6'08"W A DISTANCE: Or 113.27 F!!T; TH!NC!
S2C"3l'53"! A OISTANC! Or 86.98 F!ET; TH!NC! S28"C9'52"W A
DISTANCE OP 109.27 F!!T TO THE POINT Or 3:::G!NN~NG, CONTA!N!NC 1. 036 ACR!S •
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•• SOUTH ARAPAHOE I SOUTHGATE SANITATION DISTRICTS
HERITAGE GREENS
INCLUSION AND EXCLUSION
VICINITY MAP
·--· ~ .......... ..._ ....... ~==------!--•f•f• ~«.v...(" ··---
----4l~~----
,_ .... ·-·
.... "' .. ~ .......
~
~.~
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•
/.J.-.1-' ~"'<~-· d--· " ~· ,.<> • I -"}r .... o. ;~: · .#' ••·. OUo"'OU., _ .. ,i. ·-.. ,~ );•,./v. --·, . l \ -~~ .. ~\·=~-~->(yj_-:::;.::-:-0 ., • •/:\. 'i' -\ ..... -.-·-::~ •~.·_-.):~·.:.:··JZ·~.r·"'~·:.v·u .. ;:·· .... \· • .. : ~ ..,.
--... .. ··r::·"' .
l.cG~/VO
~
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....... _'--'·
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L'A~UI3N/I;fi,IA*-f ~f?ll.l;.-1 £ :s.ANI"'A/':.7d
OISTIIICr -~t i'SION I.V-r"O ~o·.':H
AII.-,ANOC SANITAri !AIV C ;S,-~ICT.
L'ACt(/SttN"'~ SJ/WT,# A~/-'.¥t>£
.s,.,,,Arl~ o;srAJcr -/riVCt.J5Jo;o~ h ..n
StJuriltiATI' .SAI•NrAriCN .:u~r."fn:r
~JII~tfADM.S ~~Mrl'fti,Ar£ /SOU.:'""'
.AAA,A/'(01 .SANir,ITI.:IN Dl~rAt C r
.,ii#NDAIIY
"L'tJt/Sf" I!I#JT
I I!'~\.~~~~~~-!.~-'
I
., • •
-
,...,...,
:3C:
~~
~-~;
0~
Q. Q.
•
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v. .. SOUTH ARAPAHOE I SOUTHGATE SANITATION DISTRICTS
~ z HE RI T AGE GREENS
!:~IN C LUSION AND EXCLUSION
; VICI NI T Y MAP
~<:I"
~ .., ...
co
,.
0
•
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-
,...., -,;,
:3 c
~~
~~
0 111
Q. Q.
•
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~ SOUTH ARAPAHOE I SOUTHGATE SANITATION DISTRICTS
:3 :z HERITAGE GREENS ~ i INCLUSION AND EXCLUSION
::.. ~ ICINITY MAP
...
co ....... l ~--
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,. ,.. ,_.
0
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WATER AND SEWER BOARD
MINUTES
September 15, 1987
Conference Room A
The meeting was called to order at 5:04 p.a.
Chairwoman Gulley declared a quorua present.
Members present: Vobejda, Resley, Fullerton, Gulley,
Higday, Otis, Lay, Neuaann
Meabers absent: Lake
Also present: Stewart Fonda, Director ot Utilities
Mike Woika, Utilities Manager
1. MINUTES OF THE AUGUST 18, 1987 MEETING.
The Englewood Water and Sewer Board ainutes o! th August 11,
1987 eting were approved as written.
Mr. Fullerton oved;
Mr. Res ley • cond d:
Ay s:
N ys:
n
Mo ion d.
2. J ' 0
To approv th Augua 11, 1917
ting ainu ea.
vo e~d ,
0 ia, Lay,
on
Lak
on, c 11 y, Hi
nn
y ,
I •
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Mr. Fonda presented his observations on the Blatchley Report
titled "Nontributary Ground water studies, City of Englewood" and
a proposal from Jehn ' Wood. The Board recommended the City
Manager approve the proposed study by Jehn ' Wood.
Mr. Fullerton moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend City Manager approval
of the proposed study by Jehn ' Wood
on non-tributary water rights.
Vobejda, Resley, Fullerton, Gulley,
Higday, Otis, Lay, Neumann
None
Lake
3. MISSION VIEJO PREAPPLICATION REVIEW
The Board received copies of a letter from Douglas County
Planning Departaent to Mission Viejo Company regarding the
Mis sion Viejo rezoning preapplication review for the area of
Highlands Ranch in Douglas County along C-470.
4 . BUDGET
The staff distributed copies and explained the Utilities' Fund
Five Year Cash Projection.
The eting adjourned at 6:05 p.a.
The nax Englewood W tar and Sew r 8o rd aaeting will be held
oc ober 13, 1987 at 5:00 p.a . in Conference Roo A.
r rd
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ENGLEWOOO URBAN RENEWAL AUTHORITY
October 7, 1987
I . CALL TO ORDER.
The regular meeting of the Englewood Urban Renewal Authority was called to
order at 5:40 P.M . by Vice -Chairperson Ruth Cole.
~embers present: VanDyke, Cole, Keena, Totton
Hanson, Alternate Member
Hinson, Acting Executive Director
Members absent: Yoth, Mcintyre, Minnick
Daugherty, Alternate MeMber
Also present: City Manager McCown
II.
Harold J. Stitt, Assistant to EURA Director
Neil Lillard, Lillard l Clark
Phil Hendricks, EOAW
Penny Dietrich, EDOA Executive Director
Mrs . Cole s a ed hat the Minute s of Septe.oer Z, 1987 were to be considered for pproval.
ena 110v d :
YanD e second d : The Minutes of S pte.Oer Z, 1987 be approved as wrl en.
A ES: na, Totton, YanOy
A S:
ABSENT : Intyre, Minnie A STAIN:
Th eotio carried.
Ill.
. l .
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the work, and verified the use of the on-site equipment and labor hours;
however, the overhead rate charged by the contractor was 25~, and the City and
Authority have used only 15~ overhead on previous jobs. Therefore, the staff has recommended payment of $6 ,640.10.
Brief discussion ensued.
Totton moved:
VanDyke seconded: The Urban Renewal Authority approve the Change Order to the
contract with Hillen Corporation on the Old King Sooper 's
Demolition, and authorize payment of $6,640.10 as recommen -ded by st aff .
AYES: Cole, Keena , Totton, VanDyke
NAYS: None
ABSENT: Mcintyre, Minn ic k, Voth
ABSTAIN: None
The motion carried.
IV. LITTLE DRY CREEK CONSTRUCTION CONTRACT
Phase II
Hs . Densel Ragland, Olr ctor of Engineering Services, Hr . John Pflaum and Hr.
William Taggart of Mclaughlin Wat er Engineers, and Hr . Hal Erickson of EDAW , en red the meeting .
r . Hinson stated ha bids re opened on October 1 for construction on the
i al p ase of lit le Dry Creek improve nts in the down ar a.
1nnic
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i s to redu ce the landscaping that was proposed in the area of the Acoma foun -
ta in, and to seed the sloped area with native grasses, and reduce or eliminat e
the upl ight i ng on the cascade and trees . Another possibility would be tore -
duce the s iz e of the fabridam , and reduce the size and depth of the lake .
This would i ncrease the amount of fall for the water curtain over the box con -
duit en tran ce. Mr . Taggart stated that they do not have firm figures on a
s avin gs i f the si ze of the fabr i dam were to be reduced .
Ms. Va nDyke asked if the 1 ake would have to be lowered if the Acoma water wa 11
and fo unta i n were to be el i mi nated . Is there a great deal to be gained
monet ari ly by eliminat i ng the Acoma features and lowering the depth of the lake.
Mr . Totton sugge s ted mov i ng the water wall in , mak i ng a smaller plaza at Aco -ma, and keep the lake at the s ame depth .
Ms. Keen a as ked i f the l ake were to be decrea sed i n s i ze and depth , how woul d the box culvert entrance be handled .
Mr. Tagg art s tated that one p u~ wou ld be el imi nat ed, the depth of the l ak e
l owered, and t he fa ll of t he water curtai n over the box culvert would be i ncreased .
Ms. VanOy e as ked if, in the future, f t wo uld be possible t o inc r ea se the
d pth of the l ake wh n the monetary situat ion l~ro v s . Ms. Ke ena s tated t hat
as sh understa nds t he dis cussion. to inc rea se the d pt h of t he l ak e the
fabr i da uld hav e to be replaced , bec ause t he s ller fabr t da r esul s in e 1 r i ng of the la e d p h.
ng 1 6 :20 P.M.
r uced si ze of the d .. , here wo uld be an ade ·
,
I .
•
• •
Ms . Keena asked if the 2.9 million bid amount included a contingency fund.
Mr. Hinson stated that the contingency amount and the amount for inspections
services is over and above the 2.9 million base bid amount.
Ms. Keena asked if the staff had checked references on the low bidder, and
determined whether comparable jobs have been done by this contractor. Mr.
Taggart stated that his firm has worked with Lillard & Clark on several jobs,
and they have done good work on all those projects.
Ms . VanDyke stated that the original design for the Little Dry Creek i-.prove -
ments is a one -of -a -kind in the Denver Metro area, and that she has been told
it will provide great potential to Englewood if constructed as originally
designed. She asked that this concept be taken into consideration before too much is cut out of the project .
Mr. Hinson stated that the staff and consultants have tried to present a
"worst case scenario" to the Authority for their consideration. The staff and
city administration are exploring the possibility of obtaining additional
funds to enable the construction of the i-.prove.ents as specified in the bid .
Mr . Hinson stated that he hoped the staff would have the additional infonaa-
tion on financing with in the next couple of weeks, and advised the Authority
that there will probably be a special ~eting called to consider the issue further.
Mr . Totton stated that he would li e to see a breakdown showing the hard con -
s ruction costs separately fro. the engineering costs for drawing the sp cifications and revis i ons .
Mr . Tagg art stated that Laughl n does ask penaission of the Authority to
wor w1 h Lillard l Clar on it s er in the cost •ight be reduced . Ms .
Ragland s ated that this is an a ward si tuation , because Lillard l Clark hav no b n awarded the bid .
T possibility of totall reject ng all bids and readvertising for n bids was consi der d .
d
• T c 1 I .
•
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The motion carried.
V. LINCOR PROPERTIES OF COLORADO, INC.
Amendment to Agreement
Mr. Hinson introduced Ms . Mary Anne Shube of Linear Properties of Colorado to
the Authority .
Mr. Hi nson stated that he has discussed with the Authority in the past the
efforts of Lincor to secure an anchor tenant for the project, and the fact
that they had been negotiating with Children 's Palace for several months be -
fore this particular business committed to the Tra.-ell Crow site. Lincor ha s
cont acted numerous retailers in an attempt to secure an anchor tenant. Mr.
Hinson st ated that Linear is requesting that the Schedule of Performance be
amended by delaying the Date of Deed from November 13, 1987 to January 22 ,
1988; the anchor tenant and financing contingency would be delayed fra. Oc -
ober 13 1987 to January 15 , 1988 ; the ca.pression of review per i ods for the
prelimin ary and final plans, and the delay of the project ca.pletion date by
two months to March , 1989 .
Ms. Sh ube addressed the Authority, and noted that they are negot i at ing with a
gener al retailer froa the Mid -west , who has i ndicated quite a bi t of interest
in the site, but the president of the coapany has not been able to get to Den -
ver to personally i it. Ms. Shube gave a thu.Cnail s ket ch of the profil
of the retailer for t e benef it of the Authority. Ms . Shube stated that she
feels confid nt this prosp clive tenant will .. ke a de cis ion with i n six eks
to two .anths and asked th Authority to approve the c hange In the Perfor -
mance Sch dule to grant this ti.a ch ang .
ena 110ved:
1nnic seconded: T e Urban Ren al Au horlty approve the a.e~nt to th
Agre n for Disposition and Redevelop.ent with Lincor
Prop rt es of Colorado, Inc. by the ch anges in th Perfor ·
.. nee c edule as c ted on Exhibit C, dated October 7,
1987 .
To on, VanD • Cole, na
, Voth
t to carr I
I.
I
-•
• •
Minnick moved:
Keena seconded: The Urban Renewal Authority approve and adopt Resolution
117, Series of 1987, A RESOLUTION OF THE ENGLEWOOD URBAN
RENEWAL AUTHORITY RATIFYING A SETTLOIOIT PRICE FOR THE AC-
QUISITION OF A PARCEL OF PROPERTY CMIED IY THE FIRST NA-
TIONAL BAfiC OF ENGLEWOOD.
AYES: Minnick, Totton, Cole, Keena
NAYS: VanDyke
ABSENT: Voth, Mcintyre
ABSTAIN: None
The motion carried.
VII . IRADY/JWM PROPERTIES, INC.
Assign.ent of Agree.ent
Mr. Hinson stated that this .atter cannot be considered by the Authority at
this meeting, inasMUch as approval of the proposed Agree~ent wording has not
been received fro. JWM Properties, Inc., which is a subsidiary of McCullough
Associates. Mr . Hinson stated that he would hope to have so.ething ready for
the Authority to consider within the next couple of weeks, and that the City
Council could also take action on the transference of the ground lease fro. Brady to McCullough .
VIII.
Mr. Hinson discussed the .. inent do.ain case which was Instituted by the Au·
thority to gain clear title to the portion of little Dry Creek within the
Phase Ill develo~nt area . Descendants of Messrs. Grah .. and Nielsen have
stated they have an interest in the little Dry Creek flood plain . ~. Richard
Grah has indicated to "r . Oppe~n's Office that he and his siblings will
w lllng to settle on this issue for the su. of SI,SOO total, or SSOO each.
M . Sch 11, an associate of "r . Oppe~n's, has reca•••nded that the Author ity
ace pt this offer to settle. 8r1ef discussion ensued.
Totton 110ved:
Mtnn c s conded : The Urban Re al Authority ace pt tht offer of Richard N.
Grah to settl t clai for t otal sua of 11 ,500.
Totton, VanOy , Cole, na, Hut c
lnt
•
•
• •
Mr. Hinson stated that the Investment Report reflects 1.5 million dollars in a
liquid account; this is being held in the liquid account for a short time un -
til the financial needs are determined before it is invested. The Investment
Report was further considered . Mrs . Cole and Ms. VanDyke asked that the
interest rate of 4.750% paid by Central Bank be investigated.
Mr . Hinson stated that the staff will bring a proposed 1988 administrative
budget to the Authority at the next meeting.
X. CONSTRUCTION REPORT.
Mr . Hinson reviewed the construction report prepared by Mr. Smith of the En-
gineering Services Department .
Mr . Hinson stated that he would like to schedule a tour of the little Dry
Creek area within the near future. He stated that he had toured the Creek
recently, and was impressed with the improve.ents that have been ca.pleted.
Mr . Minnick asked who was responsible for repair on South Clarkson Street at
the little Dry Creek cro s s i ng . Ms . Ragland stated that South Clarkson was
dis turbed becau se of water l i ne replace.ent, and that she i s under the i mpre s-
sion that the Ci ty would be .. ki ng tho se repa i r s.
XI • EJIIl.EMOCID 1Nl£TPUCE
Ill.
grou ndbrta ing for the Eng l ewood ~r etp l ac as
22 a 8:00A .M. Inv i tations are be ng sen o 111
s o hav rked on th proJ c t .
• 7 •
I
-•
• •
AYES:
NAYS: VanDyke, Cole, Keena, Minnick, Totton None
ABSENT:
ABSTAIN: Voth, Mcintyre
None
The motion carried.
VanDyke moved:
* * * * * * * * * *
Minnick seconded: The Urban Renewal Authority co.e out of Executive Session.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Cole,
None
Voth,
None
Keena, Minnick, Totton, VanDyke
Mcintyre
The motion carried.
XIV. PUiliC FOUl.
Hs. Penny Dietrich, Executive Director of the Englewood Downtown Oevelo~nt
Authority, presented ~rs of the Authority with copies of n.wspaper adver -tlse~~ents which will appear weekly In the E lewood Sentinel and uy be placed
in other papers of general circulation, also . s. D etr c stated that the
camera ready art will be ude available to individual .. rchants for use with their individual advertlse.ents .
XV. COMRISSIOIEI'S CHOICE.
Ms . na asked who uintalns the public t.,rov.-ents that are being ude by
the Authority. Mr . Hinson stated that the City will assu.e the uintenance responsibilities for the public i.,rov.-ents.
Ms. Hanson expressed her concern that It appeared Children's Palace will not
Install dhphy windows on the rear of the IMIIldlng . She stated that s d d
not r call that this was an •op tton• but was a ~lre.tnt of t Aut~rlty .
Discussion nsued . Ms. K na explained that the dtspl~ wi ss could
no be forced on Childr n's Palac , and that the Authority hid 1 requ
c any to constd r the proposal.
I Aut ortt nto
lotto , V IIOy
T rr
• • • • • • •
I •
•
• •
Mr. Hinson was asked to leave the meeting.
* * • * * • • * * *
VanDyke moved:
Keena seconded: The Urban Renewal Authority ca.e out of Executive Session.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Keena, Minnick, Totton, VanDyke, Cole None
Mcintyre, Voth
None
The motion carried.
Mr. Hinson was called back into the ~eting. Ms. Keena explained to Mr. Hin-
son the discussion which had ensued a.ang the ~rs of the Authority and
their decision to offer to him the position of Executive Director with a one
year contract retroactive to Septe.ber 29, 1987. Mr. Hinson stated that the
proposal, as outlined by Ms. Keena, was satisfactory to hi•, and he would ac -
cept the position of Executive Director of the Englewood Urban Renewal Authority.
Keena .aved:
Totton .aved: The Englewood Urban Renewal Authority approve, by Resolution
118, Series of 1987, 1 one year e.plo~nt contract for W..
Richard Hinson retroactive to Septe.btr 29, 1987 as Executive
Director of the Englewood Urban Renewal Authority. The salary
for Mr . Hinson Is hereby established at S48,200 per year, and
Mr . Hinson shall receive the standard fri09e benefits of City E~loyees, with 1 -.xl.u. on vacation accrual of 30 days . Mr .
Hinson shall be eligible for •ileage ref~rs ... nt at S.21 per •tle.
AYES: Mlnnfck, Totton, VanDyke , Cole, Keena AYS: None
ABSENT: Intyre, Voth
ABSTAIN: Non
as g v n th pprafsals on the First Nat ional Bank property for
• • •
roup wants to lp
tng . Sh s a td
th t staff to
I .
•
•
ENGLEWOOD URBAN RENEWAL AUTHORITY
OCTOBER 22, 1987
I. CALL TO ORDER.
The Special Meeting of the Englewood Urban Renewal Authority wa s called to order at 5:35 P.M. by Chairman Robert Voth.
Members Present : Totton, Voth , Cole, Keeni, Mcintyre
Hinson , Executive Director
Members Absent: Minnick , VinDyke, Alternite He~ers Han son and Daugherty .
Also Present : Financial Advisers Steve Bell, Judy McBride and Peter
Gaide, of E. F. Hutton;
Legal Counsel Piul C. Benedett i
Negotiation Consultant Ron Myle s
II.
Engineering Services Director Oensel Ragland
Willia Taggart and John Pflau., Mclaughlin Water Engineer s Herb Schaal, EDAW
Mr. Hinson s tated that si nce th Author i ty ..etlng of October 7, the staff has
aluated alternatives for finan cing and construction of the final phase of h Little Dry Creek IMp rov n s.
Alt rnate r Al lee Han son nt r d
rs o th Author ity.
Hinson dlstr buted copi s of a
r undlng of t bonds.
. I •
t ng and too htr chair wi th the
lav nthol l Horwath regarding
p
I .
•
• ..
2. Maintaining a debt reserve fund of 1~ of the new issue. Mr. Hinson
noted that the amount indicated on the computer run summary sheets as
Debt Service Reserve Fund, is not the level of the fund, but an
amount of money generated from the refunding which would bring the Debt Service Reserve Fund up to the 1~ level.
3 . To maximize savings over the life of the bonds. The generation of
savings should be a key consideration in the refunding of bonds.
Mr. Hinson stated that the computer runs which were included in the packets of
inform ation for the Authority, are not necessarily the way the bond deal will
be structured. The money market may not be conducive to the refunding issue
in late November or December when our refunding issue should be ready for the
market. In this event, City Council has guaranteed that the funds will be
available to complete the improvement project as awarded to the low bidder.
Ms. Keena asked Mr. Bell if he concurred with the letter from Laventhol l Hor -
wath . Mr. Bell stated that at this point in ti.e, he does concur . He e.pha -
sized that the projections have not been updated for approxi•ately three
years, but that he is comfortable with the deter.inatfon that Laventhol l Hor -
wath has made . Mr. Bell stated that they would like to have the issue ready for the market by the third week of Nove.ber .
Ci ty Manager McCown entered the meeting .
Hr . Totton stated that he would like to see the refunding lssu Increased by a
su ff ic ient amount to clear the loan on the old King Sooper 's property wfth th First Nat ional Bank of Englewood .
Mrs . Cole asked if Mr . Bell felt thi s could be ready for the -.rket by th
hird week of Nove.ber . Mr . Bell stated that he felt It could be done, and would work toward that goal .
Mr . Hi nson s tated that he would keep ~rs of the Author ity pos td on ev ry -
hing that co.es up on th bond refunding . He also noted that a Co ast -to ·
Coas t Hardware has sfgned to leas 10.000 square feet In tht Troll y Squar
d lo nt, and wan to be open by Chrfst-.s , 1987 . This hould lp n sal s ta t nc
ll ard , o L llard l Cl ar ,
t
l
r1 t I'
I
-
AYES:
NAYS:
ABSENT:
ABSTAIN:
•
• •
guarantee of funds from the Public lmprove.ent Fund so the
Little Dry Creek construction contract can be awarded.
Voth, Cole, Keena, Mcintyre, Totton
None
VanDyke, Minnick
None
The motion carried .
Totton moved:
Cole seconded: The Englewood Urban Renewal Authority direct the staff to
work with E. F. Hutton and Laventhol & Horwath to atte.pt
to put together a refunding bond issue beneficial to the
Authority and report to the Authority on the progress of
the effort on a periodic basis.
AYES:
NAYS : Totton, Voth , Cole, Keena, Mcintyre None
ABSENT:
ABSTAIN:
VanDyke, Minnick
None
The MOtion carried.
The •atter of award of the construction contract was considered. Ms . Keena
recalled that -..bers of the Mclaughl in Water Engineers staff had Indicated at
th last .. etlng that they had worked with Lillard & Clark on other projects ,
and that they re a reputable fir. and did good work .
Mr . Hinson stated that Mr . Lillard and ...O.rs of his flna have been working
with the City Engineering staff to devise cost savings on the project whereve r possible.
na -aved :
Cole s conded :
Jnt , To to
I .
-
•
•
•
• •
advised Kiewit Western's legal counsel that the disparity between the bids
received was too great, and the project would have to be rebid, so their com-
pany would not be awarded the contract auto.atically in any case. They would
have to rebid the project as anyone else would be expected to do. Mr.
Benedetti stated that he felt the Authority was within their rights to award the contract to Lillard l Clark.
Mr. Hinson thanked the consultants for attending the .eeting.
There being no further business to ca.e before the Authority, the .eeting was adjourned at 5:55 P. M.
~ k / JidUf Gert.rUe1. ~e~ "
Recording Secretary
• • •
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
OCTOBER 7, 1987
The meeting was called to order at 7:35 p.m . by Chairman Styes.
Present: Waddell, Mclaughlin, Lunders, Styes, Boardman
Absent: None
The Chairman declared a quorum present.
Also present: Charles Grimm, Legal Counsel
Patricia H. Crow, City Clerk
• • • * *
Chairman Styes requested that the last paragraph on page 6 be amended to read
that "Mr. Waddell and Mr. Boardman should listen to the electronic tapes of
this meeting if they wished to vote on the issuance of Metro Oil 's 3 .~ Beer
Off -premise License when the public hearing is concluded." MCLAUGHLIN MOVED,
SECONDED BY LUNDERS, TO APPROVE THE MINUTES OF SEPTEMBER 16, 1987, AS AM ENDED.
Ayes: Waddell, Mclaughl i n, Lunders, Styes
Nays: None
Abstain: Boardman
Absent : None
Motion carried.
• * * ••
LUNDERS MOVED, SECONDED BY WADDE LL, TO APPROVE THE RENEWAL OF TWIN DRAGO ,
3021 SOUTH BROADWAY (HOTEL/RESTAURANT LIQUOR LICENSE WITH EXTENDED HOURS ) TO EXPIRE OCTOBER 29, 1987 .
Ayes: Waddell , Mclaughlin, lunders, Styes, Boa~n Nays : None
Motion carried.
* • • • •
Cha n~an Sty s questioned ether the offlc r tnltfattd responses, noted o
the Poltc Call Report, had to do with the liquor Licenses . Mr . Cr sa td
that If th re wa s a probl h uld notify the Author ty nday .
• • • • •
dd 11,
n
• • • • • I •
-
•
•
• •
Mr. Acosta responded to questions from the Authority regarding his renewa l
application. The Authority directed Mr. Acosta to obtain a copy of the minute
order of the judge who dismissed the deferred judgment and sentence for Mrs .
Acosta. Hr. Grimm assured him that for future applications it would be
dismissed and he would not have to worry about it.
LUNDERS MOVED, SECONDED BY BOARDMAN TO APPROVE THE RENEWAL OF THOROBRED
LIQUORS, SOSO SOUTH FEDERAL NO.A7 (RETAIL LIQUOR STORE LICENSE) TO EXPIRE
NOVEMBER 1g, 1987, SUBJECT TO A SUBMISSION AND ACCEPTANCE OF CLARIFICATION OF
QUESTION NUMBER 2A, AND DOCUMENTATION FROM THE COUNTY COURT DISMISSING THE
DEFERRED JUDGMENT AND SENTENCE.
Ayes: Waddell, Mclaughlin, Lunders, Styes, Boardman
Nays: None
Motion carried.
* • • * •
WADDEll MOVED, SECONDED BY MCLAUGHLIN TO APPROVE THE RENEWAL OF 7-ELEVEN, 1277
EAST HAMPDEN AVENUE (3.~ BEER RETAIL LICENSE), SUBJECT TO CLARIFICATION OF
THE TWO OFFICER INITIATED ACTIVITIES.
Ayes: Waddell, Mclaughlin, Lunders, Styes, Boardman
Nays: None
Motion carried.
• * • • •
The following items were received without action :
1) letter from th State Liquor Enforce~nt Div ision r&gard lng
the Enforcement Su.mary for January 1 -June 30, 1987 .
2) letter fro. the Sttte liquor Enforce.ent Division regarding
lnstructlonll ••terlals.
3) letter fro. the Sttte Liquor Enforce.ent Di vis ion regtrd g
reporting tnd registering ••nagers.
City Cl r Cr suggest d tht th
tng . She e•plttn d th t th y
r 1nd h r n als could
• • • • •
Chat n 5 yes sta td tha unl ss s thing unfort n c
uld be canceled .
• • • • •
7
•
I .
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•
•
•
• •
The public hearing concerning the application for a Retail Liquor Store
license of VN, Inc., dba 3912 Liquor, 3912 South Broadway, was commenced at
8:00p.m. At 1:05 a.m. on October 8, 1987, the Authority recessed the public
hearing to continue on November 18, 1987 at 8:00 p .m. The record of the
October 5, 1987 public hearing are recorded separately from the regular
business meeting of the Liquor Licensing Authority recorded above .
• •
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• •
CITY OF ENGLEWOOD PLANNING AND ZONING COIIIJISSION
OCTOBER 20, 1987
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Ca..ission was called to
order by Chairman Carson at 7:00 P. M.
Members present: Allen, Hanson, Russell, Such, Carson
Romans, Ex -officio
Members absent: Barbre, Jolk, Maunakea , Mulhern
Also present : Susan Hirsch , Senior Planner
II. APPROVAL OF MINUTES.
October 6, 1987
Chairaan Carson stated that the Minutes of October 6, 1987 were to be con -
sidered for approval .
A 11 en 110ved :
Hanson seconded: The Minutes of October 6, 1987 be approved as written .
AYES:
NAYS:
ABSENT:
ABSTAIN:
Hanson , Russell, Such, Allen, Carson
None
Barbre, Jolk, Maunakea , Mulhern
Non e
The 110tion carried.
D
Ill. CAS( 111 ·11
• 1 •
I
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• •
Mr. Carson asked if members of the Commission had any questions of Mr . Bacon . No one on the Commission asked any questions.
Ms. Hirsch stated that the staff had nothing to add in addition to the infor -
mati on in the staff report, which was sent to the Commission, and asked if the
Commission had any questions of the staff. No questions were asked of the staff.
Mr. Carson asked the pleasure of the Commission.
Hanson moved:
All en seconded:
AYES:
The Final Plat of Rocky Mountain Constructors Filing II be approved and referred to City Council.
NAYS:
ABSENT:
ABSTAIN:
Hanson, Russell, Such, Allen, Carson None
Jolk, Maunakea, Mulhern, Barbre None
The motion carried.
JV.
Filing II CASE 116 -87
Mr . Mulhern ntered the .. eting and took his place with .. Mbers of the Co 1ssion .
Chairman Carson stated that the Findings of Fact for the Preli•inary Plat of
Rocky Mountain Constructors Filing J were to be considered for approval .
Allen IIOved:
Russell seconded : Th Findings of Fact for Case 116 -87, the Prelf•lnary Plat
for Rocky Mountain Constructors Filfng II, be approved as wrftten .
AYES : Hulhtrn, Russell, Such, Allen, Carson None NAYS :
ASS £ T:
AS TAl
T
VJ.
Jol , "-una a, arbr Hanson
on carr t ed .
117 -87
• l •
I .
(
•
• •
AYES: Mulhern , Russell, Such, Allen, Carson NAYS: None
ABSENT: Maunakea, Barbre, Jolk
ABSTAIN : Hanson
The motion carried.
VI. PUILJC FOIUN.
Chairman Carson asked if anyone in the audience wished to address the Planning
Commission. No ~r of the audience addressed the Co..ission.
VII. DIRECTOR'S CHOJC£.
Mrs . Romans stated that the annual Holiday Parade is scheduled for Nove.ber
14 . If any ...O.r of the Co..issfon works for an organization who is inter -
ested fn parttctpattng , or fn sponsoring an award or group, they should con -
tact her. Mrs. Ra.ans stated that there are at ltast 26 bands that wtll be parttcfpattng tn the parade .
VIII. CORRISSIOI'S CHOJC£.
Hr. Carson asked if -..bars of the Planning Co..tsston wert Invited to the
Tra ... ll Crow ground breaking on October 22. Mrs. Ra.ans stated she felt sure
...C.rs of the Co..tsston would be wtlca.e to attend if they so wished .
It was noted that the next .. ting of the Co..hston has bttn rescheduled to
Nove.ber 10 because of the election on Nove.btr 3. At thts tt .. , there are no
cases for this ... ttng. Thert is an application for a Subdtvtston that ha s
been rtcefved, but this has been scheduled for Novabtr 17 .
Thert being nothing further to co-. before the Co..ission, the ... ttng was adjourned at 7:15 P. M.
I . .
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•
•
• •
£,
BY Al!I'tmiTY
ooonwo: NO. _kl,
SERIES OF 1987 O:UCIL BILL 00. 72
nmuxx::m BY O:UCIIL
~BRADSHAW
AN OODINNCE ~I~ OODINNCE 00. 85, SDUES OF 1985, BY RE.VIS:n«; 'mE
VEST:n«; PROVISIOOS OF THE CITY OF F.NGLEH:Xl) PCLICE PF.NSIC:W PLAN.
~. the City Council of the City of Fllglewood declares that it is
in the best interests of the City of E))glewood to amend the vesting schedlle
of the City of Dlglewood Police Pe."lSion Plan;
tDI, 'nl!'.lU:FCIU:, a,:;: IT OO!lrillu:D IlY 'mE CITY O:UCIL OF 'DtE CITY OF
EN::LD'OD, 'niAT:
Secti<Xl 1. Ordinance No. 85, Series of 1985, Section G, VES'Tit«i
PJVJISIC:WS, of the ICM\ Prctotype t-k:lncy Purchase Plan of the City of Fllglewood
Police Pension Plan is hereby nded as follo.iS: ---.. 1cs
5 g htat
......... ...... ..........
~-]] --I
1 7.
t
• t .........
1n tull ,
11
Years of
Service
Ca!pleted
zero
CM
'1\lo
'11\r
Four
F
Six or
Uh
Specified
Percent
Vesting
I
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Published by title as Ordin~ No.
of November, 1987.
Attest:
Patricia H. Crow, City Clerk
•
• •
_, Series of 1987, on the 18th day
Eugene L. Otis, Mayor
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify the above and foregoing is a true copy of the Ordinance passed
on final reading and published by title as ordinance No. _, Series of 1987.
Patr~cia H. Crow
J
I • •
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ORDINANCE NO. M
SERIES OF 1987
•
• •
BY AUTHORITY
COU~IL {)ILL Ut'. 7ti-
INTROOfKlO j¥
COUNCIL MEMBER OTIS
AN ORDINANCE APPROPRIATING MONIES FOR All MUNICIPAL PURPOSES IN THE CITY OF
ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1988, AND ENDING
DECEMBER 31, 1988, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1988 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sect ion 1.
That there be and there hereby is appropriated fro. the revenue deriving fra.
taxation in the City of Englewood, Colorado, fra. collection of license fees
and fro. all other sources of revenue during the year beginning January 1,
1988 and ending Dece.ber 31, 1988, the ..aunts hereinafter set forth for the
object and purpose specified and set opposite thereto, specifically as fol -lows, to wit:
llneral Fund
Legislation and Counsel s 536,686 Municipal Court 372,462 Adlltnlstrat ton 2,333,321 Engtneert~ Services 314,260 Public Wor s Z, 7Z3,151 Fire 3,541,330 Police 4,676,585 c nity Oev l~nt 764,479 Ubrary 753,973 Par and creation z 937 177
To al r1t
He I FIN
C n tru tlon of J r C pt tal ProJ
Tot 1 760
. \ .
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Water Enterprise Fund
Total Water Enterprise Fund s 3,934,684
Sewer Enterprise Fund
Total Sewer Enterprise Fund s 4,730,803
Go 1 f Course Fund
Total Golf Course Fund s 704,626
Conservation Trust Fund
Total lottery Fund s 129,000
GENERAL TOTAL $30,430,304
Section 2.
The foregoing appropriations shall be considered to be appropriations to
groups within a progr .. or depart.ent within the fund indicated but shall not
be construed to be appropriated to line it .. s within any groups, even though
such line it .. s aay be set forth as the adopted budget for the fiscal year 1988 .
S ctton 3.
All eontes in the hands of the Director of Finance, or to ca.. into his hands
for t fiscal year 1988, y be applied on th outstanding clal•s now due or
co.e du in t sa d fiscal year of 1988 .
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Introduced, read in full, and passed on first reading on the 2nd day of November, 1987.
1987. Published as a Bill for an Ordinance on the 4th day of November,
Read by title and passed on final reading on the 17th day of Nove.-
' ber , 1987. ·
Published by title as Ordinance No . __ , Series of 1987, on the
18th day of November, 1987.
Eugene [. Otis, Mayor
Attest:
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify that the above and foregoing is a true, accurate and ca.plete
copy of an Ordinance passed on final reading and published by title as Or -
dinance No. _____ , Series of 1987.
Patrtcta H. Crow
I . •
ORDINANCE NO. 123_
SERIES OF 1988
BY AUTHORITY
•
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AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE
FISCAL YEAR 1988.
WHEREAS, pursuant to the provisions of Part I of Article X of the
Charter of the City of Englewood, Colorado, adopted by the voters on July 8,
1958, a budget for the fiscal year 1988 was duly su~itted by the City Manager
to the City Council before Septelber 15, 1987; and
WHEREAS, a public hearing on the said budget was held by the City
Council within three weeks after its subaission at the .. eting of the City
Council on Septe.ber 21, 1987, regular notice of the ti .. and place of said
hearing having been published within seven days after suba i ssion of the bud -
get , the aanner provided in the Charter for the publication of ordinance; and
WHEREAS, the City Council of the City of Englewood has given con-
siderable study to the afor ... ntioned budget on nu..rous occasions; and
WHEREAS, it is the intent of the City Counctl to adopt the 1988 bud·
get as subaitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of
ENGLEWOOD, COLORADO, as follows :
sectton 1.
Th at t budget of the City of Englewood, Colorado, for the ftscal year 1918,
as subaitted by the Ctty M.nager and duly considered by the Ctty Council afte r
publ c. h ar tng, be and reby is adopted as the budget for the C1ty of Engle -
for t fiscal y 1r 1988 .
1
, J nuar1
. l .
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Total Funds Available
Expenditures
Legislation
Municipal Court
Ad•inistration
Engineering Services
Public Works
Fire
Police C~nity Oevelop~ent
library
Parks & Recreation
Total Expenditures
Fund Balance, Dece.ber 31
Balan ce, January 1st
, .
Revenues (includes Transfers)
Expenditures Close -outs
Fund s Available
Expenditures
li ttle Dry Creek
Road and Bridge
Paving District
Sid alk Repairs
Data Processing•
Ca.~U nication & Equl~nt
Bond P & 1 Payt~tnt s
Recreation C nter Par ing lo
atur Center **
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Pol ce Pistol R
stro J~rov s ll t l Cu
Pa r Bus ••
H hn l nd
Tot l
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1988 Budget
$19,852,200
s 536,6B6
372,462
2,333,328
314,260
2,723,151
3,548,330
4,676,585
764,479
753,973
2,9371177
$18,960,431
s 891,769
s 0
1,422 ,000
0
s 1,422,000
s 140,000
335,000
475,000
50,000
123 ,000
25 ,000
40 ,000
so,ooo
)7,000
39,000
40,000
000
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1988 Budget
Section 4. Enterprise Funds
Expenditures
Water Fund s 3,934,684
Sewer Fund 4,730,803
Golf Course Fund 704,626
Section 5. Internal Service Funds
Internal Service Fund s 1,209,527
Section 6. Bi-City Joint Venture Fund
Bi -Ctty Fund s 4,613,681
Section 7. Debt Service Fund
Revenues ,
Transfers In s 0 Interest Earnings 10,000 Property Tax 538,760
Total Revenues s 548,760
Total Expenditures 548 760
Section 1. lottery Fund
R enues s 129,000
E p ndt ur s s 129,000
n t
ct n
and t
011 rs i"11 d lf'l9 0 t Znd d y o I • •
u lt • 1l i" n II t tth d y 0 • 1 7.
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Read by title and passed on final reading on the 17th day of November, 1987.
Published by title as Ordinance No. _____ , Series of 1987 on the 18th day of November, 1987.
Attest:
Eugene [. Otis, Mayor
Patricia H. Crow , Ci ty Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify that the above and foregoing is 1 true, accurate and co.plete
copy of Ordinance passed on final reading and published by title as Ordinance No . _____ , Ser i es of 1987 .
Patricia H. Crow
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C 0 U N C I L
DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT 1988 Agree.ent for
Library Services with
INITIATED BY ------~L~i~hr~a~r~1~A~d~y~ls~o~r~1~%~aradL---------------------------
ACTION PROPOSED ________ ~(~n~"n~c~l~l~a~d~n~pt~t~be~o~Mwl~n~a~nc~e~wb~i~c~b~a~p~p~ro~vdt~S~tub~e~---
}g88 Agrtteent for I lbrary Services
INTRODUCTION
The Library Advisory Board at its October 20 .eeting deter.ined to rec~nd
that City Council approve the 1988 Agree.ent for Library Services between the
Englewood Public Library and the Arapahoe Library District.
BACKGROUND
The Agree.ent for Library Services with Arapahoe Library District is presented
to Council annually. It establishes reciprocal borrowing services (circula -
tion) for residents of the two library jurisdictions . It outlines the .. ans
for rei.burs ... nt of the net lender under the Agre ... nt.
The Agre nt also addresses continuation of the Arapahoe Public Access to
Lib rar ies (APAL) fund . This jotntly-adlinisttred fund is used to t~l ... nt
coop ratlve projects designed to Identify and cooperatively purchase services
and 1nfon.at1on resources forth four APAL ...O.r libraries --Engl..ood
Public Library, L t leton Public Library, Aurora Publ ic library, and Arapahoe
library Distr c .
[UWICIAl I ACT
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Englewood continues to be a large net lender under the Agreement although use
of EPl by District residents has declined in recent years. Inca.e to the City
via the 1986 Agreement was $10,244. Income through 3rd Quarter 1987 ts
$6,395.86 . The revised estimate for Income generated vta the 1988 Agreement is $8,000 .
RECOIItOOm ACTION
The Agreement secures reciprocal borrowing services fro. Arapahoe library Dis -
trict for Englewood residents . In addttton, tt provides revenue for the Ctty
and funds the library 's participation tn APAl. Board and staff reca..end that
Council approve the 1988 Agree.ent .
I
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ORDINANCE NO.
SffiiES OF 1987--
•
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BY AUTHORITY
A BilL~
AN ORDINANCE APP~ THE 1\GRID!ENl' BE'lWEEN THE CITY CF I'Nii.DOD PUBLIC
LIBRARY AND THE ARAPJIJK)E LIBRARY DISffiiOl' TO PROVIDE LIBRARY SERVICES Fat
RESIDFNI'S CF BCmi JURISDICI'IOOS.
J/a.
\IIIEREAS, annually the Englewood Public Library and Arapahoe Library
Distric enter into an agreement whereby Englewood agrees to provide library
services o the residents of the unincorporated areas of Arapahoe County and
those rrunicipalities within said county not operatin<J their own public
libraries, and the District agrees to provide library services to residents of
Englewood;
, "l'HEREFCRE, BE IT Clm.JUNID BY THE CITY c:xx.ICIL CF THE CITY CF
.~,THAT:
tion 1. 'nle tached nt, incorporated herein by reference,
n he city of Englewood Public Library and the Arapahoe Library District
calendar year 1988 is hereby approved.
Mayor and City Clerk are hereby authorized to sign and ~rr~~~;t or and on lf of the City eooncn end the City of
d ln ull, and sed on t n ng on t 17th Clay of
lbl Or:d1 on
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AGREEMD-n' FOR LIIlRARY SERVICES
TillS AGRED1ENl', made and entered into on this day of
1987, by and between the ARAPAHOE LIBRARY DISTRICl', hereinafter sane____,t_,une_s __
referred to a s "District", and the CITY OF ENGLEU:X:O, a nunicipal corporation
of the State of Colorado, hereinafter sanetimes referred to as "City".
mnmssc:m :
\"ll!EREAS, the Arapahoe Library District, being a statutory library
district organized and existing pursuant to Title 24, Article 90, Colorado
Revised Statutes, 1973, as amended, for ~~ purpose of providing library
service to the residen s of the unincorporated areas of Arapahoe County and
those municipalities wi~~in said county no operating their own public
libraries; and
WliEREl\S, the City of Engle<t.I:Xld operates a public library within its
corporate boundari s and desires to oooperat wi h the District in providing
library service to District residents according to the terms and conditions as
set forth below, and in accordance with appllcable statutes of the St te of
Color oo; and
WIIEREAS, the parties have contracted previously for a coqJerati
approach to provision of said library services and desire to oont1nue
providing s id rvic s n the City and the District;
i
for d 1n con ider 1on of he ll'lltual prcni
n the p.1rt 1 her to foll
herein,
o t C1ty of
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4. The District shall have access to City library records during nonnal
business hours for the purpose of verifying all figures supplied bo the
District b-J the City and the City shall have access to District library
records for the s~ purpose.
5. During the term of this .Agreement, the City shall, at its option,
provide once-a-week Booklrobile service at the Alice B. Terry School.
Circulation service provided at this stop to Arapahoe Library District
students enrolled at the school will be reported to the District for
reinhursement to the City at the rate of 27.5 cents per loan. Circulation
service provided at the Sheridan Library to Englewcx>d students enrolled at
Sheridan High School will be reported to the City for rei..ri'Oursement to the
District at the rate of 27.5 center per loan.
6. 'n'le four public libraries in Arapahoe County, Aurora Library, tarln
A. Del1\is Library (Littleton), Englewood Library and Arapahoe Library District
are participating in a project called APAL -Arapahoe Public Access to
Libraries. In order to actninister county-wide projects such as joint
proqrmJ'Iing, collection develcpnent and training, each library will deposit a
tru ually agreed upon mnount not to exceed $1,000 in a restricted fund held and
adninistered by the Arapahoe Library Distric . 'nle Dlgle.«JJd Public Library
contnbution will be deducted f the Ar Library District's first
C)Ullrter reciprocal !Jorro.ting payll'ellt and placed in the restricted API'oL fund.
• 1
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STANDARD DISCLAIMER
Notw it hstanding anything conta i ned in this Agreement, the other
party hereto acknowledges and agrees that no covenant, agreement
or obligation of Arapahoe Library District ( "ALD") under th i s
Agreement shall be deemed to be a covenant, agreement or
obl i gat i on of any present or future trustee, director, officer,
employee or agent of ALD in his or her ind i vidual capacity and
neither the aeabers of the governing body of ALD nor any trustee,
director or officer who has executed this Agreement or any
amendment or addendum thereto, shall be liable personally thereo n
or be s ubject to any personal l i ab i lity by rea son thereof .
H1rry Leopold , Jr.
Secretary , Board of Trustees
Artpahoe Library Dfstrtct
PUBLISH D: NOVEMBER 18, 1987
ENGLEWOOD SENTINEl
Joyce E. Lottner
President, Botrd of Trustees
Ar a pt hoe Li brary District
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C 0 U N C I L
DATE
Nove.ber lZ 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
11 e
SUBJECT Contract for Construction
of a 54-Hole Mini Golf
Course at E lewood Muni Golf Course
IN I T1 ATED BY __ _:E!:!ng!ll.!.lewo=:::od:::....:P...!!a~r=.:ks~a!::nd=-...:.:R:::ec!:!r...:!e.:!!.at~i~o:!!n...:C~o..=!.!h!..:!s:..!.io:!:n:!....!:l...:C~i~t:.Ly...:C~o~u~nc~i~l--
AC T1 ON PROPOSED ___ ...:A:!.tp~p::.,:ro~v~ae!.l...:o~f-....!!..a ~C~o:!!.nt!:!r...!!a~c~t ....!!Be~twe~e!!n...:S~c:!!o~t t!:....:!S~and~e~r.!.s ..!!a~nd~Sc~o!.:tt~
At th e Septe.ber lOth Parks and Recreation Co..ission .. eting, the Co..ission, by
moti on and unant.ous vote of approval, reco..ended that City Council consider a pro-
pos al by Scott Sander s and Scott St~son to construct and operate a 54 -hole •inia -
ture golf course in the southwest corner of vacant golf cour se property north of
Oxford and i..ediately east of the South Platte River . The proposal includes expa n-
sion of the present parking lot to the south, for 51 additional spaces .
Cou ncil reviewed the propo sal as presented by Scott Sanders and Scott Si~son at t he
S pttllbe r Zlst study seuton and directed staff to draft a contract bet..et~ the City
and Sco tt Sander s and Sc ott St ~son for construct i on and operation of a •lntature
golf cou r se .
OMATIOII
11
n July, 1988, and nclud s a s .. ll clubhouse
sto s, r . trt nd at sal s, public restroo-•
uso,ooo.
s to th elli
t ,
•
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RECOIItENDATION
That City Council approve the contractual agree.ent between the City of Englewood
and Scott Sanders and Scott Si~son to construct and operate a 54-hole •iniature
golf course at the Englewood Municipal Golf Course as reca..ended by the Parks and
Recreation Co..ission.
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RESOLUTION NO.
SERIES OF 1987
..
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;/e
A RESOWTION APPROVING AN AGREEMENT TO PROVIDE A MINIATURE GOLF
COURSE AT THE ENGLEWOOD ~1UNICIPAL COURSE .
WHEREAS, the City desires to provide a miniature golf course
concession at its En g lewood Hunicipal Course complex; and
WHEREAS, he City shall at all times retain ownership of the
real prop erty u p on which the concession is operated; and
WHEREAS, it is necessary for the health, safety and welfare
of the cit i z e ns of En g l e wo od to have such a concession.
NOli, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Ag ree ment to provide Golf course Concession
S a nders and Sco t L. Simpson is hereby
Sec ti on 2. The Mayor of the City of Englewood is hereby
authorized o approv he foregoing agreement and the City Clerk
is authoriz d to tt es the aam .
ADOPTED AN APPROVED th 17th day of November, 1987.
ATTEST:
p
I' p
Color d ,
aolu
rk
ot
L. otla, Mayor
y of
ru co
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AGREEHENT FOR OPERATION OF
MINIATURE GOLF COURSE
TillS AGREEMENT is a contract that is binding upon the
parties, wh o arc the City of Englewood [hereinafter "City] and
Scott Sanders and Scott L. Simpson in their individual capacities
[hereinafter "Operators"].
IT IS THE INTENTION of the parties that there be a
fifty-four (54) hole miniature golf course constructed and
operated in a beneficial and aesthetically compatible manner upon
a per ion of the premises of the existing Englewood Municipal
Golf Cours
Nml, THEREFORE, in consideration of the covenants and
agreements herein contained and of the fees and monies
h reinafter se forth, he parties mutually agree and contract as
follows:
1. Righ to Occupy and Operate.
The Ci y hereby gran s th exclusive right, license, and
privilege to Opera ors o construct, operate, maintain and
provide meniti s for fifty-four (54) hole miniature golf
course and clubhouse upon a parcel o! land described in Exhibit A
ched h re o, and which is pr scntly a par of th existing
Englewood Municipal Gol Cours~. Th Clubhouse and eighte n (18)
holes shall b wh lcha~r accessible . Such cons ruction,
nd provi ion of am nitiea hall
r b d o a "Cone ssion.•
Th Cl.
own r hl.p o
2. Cone
11
r ain and ain ain
so occupi d.
l.
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r.
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the City any and all details of, or changes in, the following:
construction design, location, landscaping, scheduling,
materials, standards, contractors, subcontractors, working
personnel and signage; course name, course operational design,
layout, location, landscaping, scheduling, hours and days of
operation, materials, standards, signage, employees, employee
dress, food and drink, sale goods, concession items, all business
accounts and books, receipt totals, and any and all business
records reasonably neces sa ry to determine accurate, true and
correct fees due and owing to the City .
Operators shall keep and maintain detailed records of all
sales of any kind whbtever and of all expenditures in the
construction and operation of the concession.
If at any time, some or any portion of the construction or
design of the concession or its operation is unsatisfactory to
the City in its sole discr tion, then the City may order and
require that such concession and/or operation be altered and
changed forthwith in a fashion determined by the City in its sole
satisfac ion and at the Operators' sole expense.
3. Term.
This gre m n shall e in ffec for seven (7) years after
execution on, unless sooner ermina ed pursuant to the arms set
for h herein; and he 0 er ors shal h ve h exclusive right to
renew for success1ve, dd1tional on (1) ye r t rms.
This a
f anchia
. u u Uy
h r in.
4. _r_
sa 1 her party gives written
xpiration of
ren wal is
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Any s uch failure to make payment shall be considered a
material breach of this agreement.
5. Parking.
Parking shall include those existing parking spaces
presently available to the Englewood Municipal Golf Course.
Operators shall construct a minimum fifty -space parking lot to
accommodate concession parking.
The parking lot will cost $12,700. Until this amount has
been pai d , Operator shall pay the City fifteen (15ll percent,
rather than twen y (20ll percent , of the gross gate fee. The
remaini ng five (Sll percen will be credited to the $12,700 paid
by Operator for construction of he parking lo • In he event
this agrremen is erminated by ei her par y, the Ci y will pay
Operator any balance remaining on the cost of the construction of
the parking lot.
6. City Participa ion .
In addi ion o thos e rna ters se for h els where h rein, the
City shall also pay h charg for he wa r t p and h sewer
tap. Th wa r a and a w r tap shall at all time b the
property of he Ci y of Englewood. The City shall pay for the
installation of fire hydrant within one hundred (100) f t of the
clubhouse. Th Ci y shall pay for the ins all tion of th water
and sew r lin . Th Op ralors shall be r sponsible for all
servic char9es on wa er and sew r • rvice.
w r
iea
ll
h
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The Operators hereby indemnify the City from any and all
claims against it arising from any activities pursuant to this
agreement. The City owns and operates a municipal golf course
nearby and each party is responsible for its own operations.
The Operators agree to carry adequate fire and theft
insurance covering all i ems of personal property, fixtures and
any part or portion of he concession whatever, in an amount and
in a company to the approved by the City Director of Finance.
Such policy or policies shall contain no right of subrogation
against the Ci y.
14. Insoec ion of Prcm1ses.
The City shall have the right to examine and inspect the
premises, including on reasonable notice, private office areas.
15. No Assign~ent or Subletting.
The Operators, and e ch of them, may not sell , assign,
mortgage, sublet or othcrw1sc convey, release or pass on any part
of their in er s in h concession wi hou the prior permission
of he City, which h s a r1ght of first refusal as set forth
below. The Op ra ors, and each of h m, m y no suffer or cause
a lien to be filed agains he concession or any part thereof.
The Op raters sh 11 bo personally r sponsibl nd liable to
the City for any and all f s and p ym nta to the City, aa well
a any and 11 oth r rms and condi ions of hia agreement.
or m y ans r this con rae
ock is owned by th All
1on sh ll b aubJeC to approval by
h Op ra ora
y for all
0 1
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d. Any assignment or transfer of any interest of Operator
without the City's approval.
e. Operator shall be bankrupt as defined by the laws of the
United States of America, become insolvent, or a receiver,
whether permanent or temporary, for al l or substantially all of
Operator's property shall be appointed by any Court, or Operator
shall make a general assignment for the benefit of his creditors,
or a voluntary or involuntary petition under a ny bankruptcy law
shall be filed with respect to Operator.
f. Operator shall fail to keep in effect insurance as
provided herein.
17. Right of First Refusal.
In the even ha h City giv s its permission to the
Operators to sell the cone ssion, h Cily may exercise a first
righ of refusal a follows: The Op rators must present a bona
fide offer of sale-purchase to he C1 y. The City rnay then match
or exceed the sale-purcha price and purchase the concession.
he City upon a
ion for thir (30}
rs
n
y
'I I •
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delivered to the City other than those improvements supplied by
City, which are water and sewer tap and fire hydrant.
21. Delivery Upon Termination.
Subject to the terms of thi~ agreement, the operators shall
deliver the concession and premises to the City at termination of
this agreement in as good condition and state of repair as when
received, except for ordinary wear and tear or loss or damage
caused by act of God.
22. Force Majuere.
Performance of this agreement shall be excused if rendered
impossible by act of God.
SO AGREED.
CITY OF ENGLEWOOD
By: ATTEST: Mayor
city Clerk
Date: Da
Da
on
0
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C 0 U N C I L C 0 M M U N I C A T I ~ N
AGENDA ITEM SUBJECT
1 N 1 T 1 A TED 8 Y __ --JE~o.~nl.liau.l e!i.!WnO!l!O:w..d ..J:P:..IJ..rkr..;SL..AiwndiL..IlR.s:ec~o.~r..se:.aiJr..t iuown....!CI<lowlllll.L.iisusu.i ~t~On~~.._ _____ _
ACTION PROPOSED ___ ~C~o~u~nc~iul_I~D~D~r~ovuAul~o~f~twhe~r~ec~~w.~nDd~l.~r..t1uown~o~f~t~he~P~Arwk~S~Ind
RecreAtion Commission to chArge • DArk use fee bAsed on the size of group
BACK&ItOUND
At the Apr i l 9, 1987 .eetlng of the Ptrks and RecreAtion Cowlssion, stAff
rec omMended that survey surrounding ~etro deptrt~ents to deter.ine what poli -
cy they htve regArding chArging of fees for dAy cAres using their ptrk ftcili -
ies. This Action w1 s initiAted due to the co .. ission .eMbers' concerns about
e1vy outs i de And locAl use of our p1rk area s.
Resul ts of the survey were presented to the Cowtsslon at the MAy 14 .. ettng .
Th at surv y, n su.a~ry, indtcal d that there wa s no consistency in as sessing
s to day car c nters using park fAcilities.
As 1 r sul o th ni l al sur y and reca..endatton of th Parks and A cr ation
C I sion, City Council passed solution 18 , S rles of 1987, on Jun 22, 1987 ,
ch d r ct d staff t o charg 1 flat rate f e o up to S200 per season to cOII-
rc al da car c nters us n 1 od par s.
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1. Thirty -two groups were sent surveys, 19 responded.
2. Average use time -Z times weekly; 2 hr. per visit.
3. Average group size -20 to 25 children.
4. Average age of children -3 to 12 yr.
5. Five of 19 surveyed feel a fee should be charged.
6 . Fourteen of the respondents were out-of -City day care centers.
STAFF RECOMMENDATIONS
At the October 15th Commission meeting, the staff recommended:
1 . All agencies using the Englewood park system as a day care, day ca~ or -pre -
school are required to obtain a perMit .
2. Agencies located within the city liMits of Englewood will not be charged a
use fee.
3. Agencies outside the city liMits of Englewood will be charged a one-ti.e
yearly fee based on the size of the participating group .
Group Size
0 -25
26 -50
51 -75
76 -100
over 100
Fee
s Ir.oo
$ 50.00
$ 75.00
$100 .00
$120 .00
4 . All agencies are subject to the rules and policies of the DepartMent of
Parks and Recreation, with a •ini.u. $50 .00 cleanup fee assessed if any park
area is left littered or d ... ged .
5. The Depart.ent Maintains the Authority to revoke any pen~it or deny lssu1nce
of 1 pen~lt to 1gencles which 1buse the rules and policies.
ACTION IY COIIUSSJON
A ter discussion by the Par s and R creation Ca..lss on on October 15th, Ca..ls -
slon r G s ••de a .atlon, seconded by Ca.alssloner Neyer, to approve the
r c nd1tlons for Oay Care Use Fe s IS pr sented by st1ff . This sa.e reca.-
datlon s to fo 1rd d o City Council for pproval .
s 2 .00
$ 0 .00 s 7$.00
5100 .00
$120 .00
s -
outsld th city 11 ts o
s z o group, tha f
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RESOLUTION NO.
SERIES OF 1987
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. J_Dv I,./,/ u,~?~R-~J ;1re v~~l/U
') fl)~ PAl: '?( 1 JJ I ~) 1--b't
cr-ct;t ... 6Yt1'\iuctvo lg -~ \/
(Yiv c)()) c \ ; L\ ,-\i ,
A RESOLUTION APPROVING A FEE POLICY FOR USE OF ENGLE\~0 CITY
PARKS BY COMMERCIAL DAY CARE CENTERS.
WHEREAS, the Englewood Parks and Recreation Commission is
conce rned about the heavy outside and local use of the City's
parks by commercial day care centers; and
\~IIEREAS, a surve y of the surrounding metro parks
departments indicates that most parks departments charge fees for
use of their parks by commercial day care centers; and
WHEREAS, the Englewood Parks and Recreation Commission has
discussed variou s possibilities and has recommended to the Parks
and Recreation Department that the commerci al day care centers
using the Englewood parks pay a fee for park use.
NOW, TH REFORE, BE IT RESOLVED BY THE CITY COU NCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The Engl wood Parks and Recreation Department is
hereby authorized to implement a fee policy to charge day c re
centers outside h corporat limi s of the City of Englewood a
yearly fee b sed on size of he group using the park . Yearly
fees will b assessed a follows:
r
d
Croup Size
0 -25
2 -50
51 -75
7 -100
ov r 100
A. OPT .D A! 0 P ROV D
ATT ST:
I,
Color o,
lu on
rk
F
25 .00
$ 50.00
$ 75 .00
$1 00.00
$1 20.00
nd R cr 1on 0
uaera, charging h
n o hta pol1cy
• 1 7 h d 'I 0
Cu
-1 -
• given th
nd
h ndl d.
• l 17.
I • •
C 0 U N C I L
DATE
November 10, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Rocky Mounhin Con -
structors: Fin~l Sub -
division Pl~t ~nd Develo nt Pl~n
INITIATED BY ___ _...;;C..:..i t.:...Y:........;...P..:..l ::;.n..:..n..:..i n""'gL...;.~..:..nd;;.._;;;Z.;;..on..:..i..:..n..._g_C:;...;a..-"=i..:..s..:..s..:..io;;.;.n'----------
ACTION PROPOSED ____ ~A~pp~r~o..:..ve~t..:..h~e..:..F..:..i..:..n~::;.l:........;...P ..:..l~..:..t~of~t..:..he::;...:..R~o~c9~..:..Mo..:..u..:..n..:..t~~i..:..n~---
Constructors Filing No 1 Subdivision, ~nd the Rocky Mount~in Constructors
Develo ment Pl~n. both of which
for the development of property ~t 4799 South Winder.ere Street.
The property ~t 4799 South Winder.ere Street is owned by the ~rican Excel -
sior Comp~ny out of Arlington, Texas, and is the fon.er location of the Ameri -
c~n Excelsior business . Rock.y Mountain Constructors, an Englewood based fir.
located at 3070 South Wyandot Street, has a contract to purchase the property
upon the approval of the Final Subdivision Plat and Develo,..nt Plan. They
will then redevelop the property and relocate the ir business to that location .
I) The Subdivision. The subject property Is approxt.ately 6.59 acres tn ar a
an caus t s not platted, t is necessary for the property to be
brought tnto ca.pliance with the Subdivision Regulations before any n
')
dev lo~nt occurs. To this nd, a Preli•tnary Plat wa s su~ttted to th
Planning C ss on at Public Hear ng on August 18, 1987 . otlce of th
Hearing wa s all d o each of th adjacen property owners, non of ~
chose to at nd th Public H artng or tor spond to th notlc In advan ce
o t H ar1ft9.
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must be brought into compliance with the requirements of the Planned
Development regulations. To this end, a Develo~nt Plan was filed by
Rocky Mountain Constructors for the property at 4799 South Winden.ere
Street. Following required Public Notice, the Develop~ent Plan was con-
sidered at a Public Hearing before the Planning Ca.mission on August 18,
1987.
The site is approxi•ately 6.59 acres in area, 5+/-acres of which is in
the Big Dry Creek Flood Plain. The developers have sublitted plans to the
Urban Drainage District and the Director of Engineering Services and the
proposed fill on the south portion of the property and the develop~ent of
the site is in conforaance with the requi~nts of both the Urban
Drainage District and the Engineering Oepart .. nt.
Three of the four structures now on the site will be re10ved and the
fourth structure will be renovated . Three new buildings will be con -
structed on the site as shown on the Develop.ent Plan .
The utility service, drainage, parking and landscaping shown on the Plan
.. et the requir..ents of the Municipal Code, and were approved by the
Technical Review Ca..ittee.
ltECOM£JI)ATl 011:
The City Planning and Zoning Ca..ission rec~nds that the City Council ap -
prove the Final Subdivision Plat of the Rocky Mountain Constructors Filing No .
1 and the Rocky Mountain Constructors Planned Unit Developient Plan.
Attached are copies of the •inutes of the ... tings at which the Planning Coa-
•ission considered the Final Subdivision Plat and Planned Oevelop~ent, the
findings of fact, the applications, the Final Plat of the Subdivision, and the
Develop.ent Plan, and the staff rtports .
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RESOLUTl ON NO .
SERIES OF 1987
. )1
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A RESOLU1'ION APP ROVING THE PLANNED DEVELOPMENT AND FINAL PLATTING
OF TilE PROPE RTY LOCATED AT 4799 SOUT H WINDERMERE STREET, CITY OF
ENGLEWOOD, COUNTY OF ARA PAHOE , STATE OF COLORADO FOR ROCKY
MOUNTAIN CONSTRUCTORS FILING #1.
lliiEREAS, the approval of the Final Plat for Rocky Mountain
Construe ors Filing #1, consis ting of one lot of approximately
6.7 acres wa s q1ven by the Englewood Planning and Zoning
Commission on October 20, 1987 after their review; and
WHEREAS, he Rocky Mountain Constructors Final Plat
incorporates ch,nges wh ich were requested by the Planning
Commission at he ime of he Public Hearing on the Preliminary
Plat on Augus 18, 1987, which chang s include the clarification
of an exis ing as men and the delineation of a public use
easement along Big Dry ere k; and
\II~RCAS, he approval of th Plann d Development for Rocky
Moun ain Cons rue ors Fil~ng #1, w s given by the Englewood
Plann1ng nd Zoning Co lSSlon fter their review following a
public hearing h ld on Augus 18, 1987; and
CI TY
lsior Company is the current owner of
n previously developed and previously
h~a loca 1on; but which property had
Rocky toun ain Cons ructors has a contrac to
r y fro A1'l uc n xcelsior Company; nd
'fh Pl
n l.
d D veloptaen
and ar in
nc
CITY COU ClL 0 TH
ocy un in
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Section 3. The Department of Community Development shall
upon proper signature cause to be placed in the records of the
Clerk and Recorder a reproducible copy of the Final Plat and the
Planned Development for the property at 4799 South Windermere
Street, Englewood, Colorado.
ADOPTED AND APPROVED the 17th day of November, 1987.
ATTEST:
Eugene L. Otis, Mayor
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado, hereby certify the foregoing is a true copy of
Resolution No. , Series of 1987 .
I .
STAFF REPORT
CASE 116-87
STAFF REPORT RE:
•
• •
Final Pl at for Rocky Mountain Constructors Filing 11.
DATE TO BE CONSIDERED:
October 20, 1987
N.AI1E OF APPLICANT:
Larry Bacon
c/o Roc ky Mounta in Constructors
Con r act Purchaser
3070 South Wyandot Street
Englewoo d, Colorado 80110
NAI1E OF OWNER:
rican Excelsior Company
850 Avenue H, East
Arling t on, Texas 76011
ATTE TlO : Alan B. Glover
LOCATION OF PROPERTY:
SUBDIVISION PLAT
FINAL PLAT
The subjec prop rty Is loca ted at 4799 South Wlndermer Street .
LEGAL DESCRIPTION:
Se A tach nt A.
ZONE DISTRICT:
1-1, ltgh Indus r al Dis ric .
. I .
shall b
ton• o an : "any
tcably, o c us ng 1
or -ar tr ts, pa • I .
STAFF REPORT
CASE #16 -87
•
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SUBDIVISION PLAT
FINAL PLAT
pla nt, and the r edevelopment of the site is proposed to consist of four struc -
tu res plus outsi de storage for equipment and trucks .
PROCEDURE:
In re vie wing t he Prel i mi nary Plat , the Co mmi s s ion gave particular attention
to :
1) The dimen s ion s and l ayout of th e propo sed lot to demonstrate com -
pliance with appl ic able yard area requirements of the Comprehensive
Zon i ng Ord i nan ce .
2) The ava il ab ili ty of all ut i l i t i es , and the proximity thereof to the
are a pro po sed for subdi vision;
3 ) Th e lo cati on of ut ili t y and oth er ea seme nt s ;
4 ) The t op og r aphy and natu ra l f eat ures of the land wi th sp eci al
reference to the flood plain;
5) The continuity of the streets or driveways wi th in t he are a proposed
for subdivision, and the design and l oc ation of t he s t ree t s or drive -
ways in relation to existing stre ts in t he area adj ace nt to the pro -
posed subdivision, and to the Master Str et Pl an;
6) The design and location of the str ets or driveways t o f acilitate the
safe movemen of p d strians and bicyclist s, and to avoid or ell 1-
nate existing or po en lal natural or an ad barriers and hazards
to such mov n ;
7) The provis io n for and location of publ c ar as, such as l and d s g-
na ed for acces s to 8 1g Dry Cr
8)
9)
Th thod o coll c , on and dt posa1 of drainag and surfac
to s bdl
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STAFF REPORT
CASE #16-87
•
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SUBDIVISION PLAT
FINAL PLAT
Filter Pl ant is to the southeast . The development to the north is industrial.
Big Dry Cr eek, which abuts the property on the south, is the boundary between
Engle wood and Littleton . An area zoned 1-1, Heavy Industrial which is within
the City of Lit tleton, is directly south of Big Dry Creek. There are several
bu i ld i ngs on the subject property from the former American Excelsior business ,
most of whic h will be removed and replaced with new construction.
BACKGROUND OF PREVIOUS ACTION RELATING TO THE PROPERTY:
Th is area was annexed to the City in 1959, and subsequently zoned M-1, Man -
uf ac turing , which designation was changed to 1-1, Light Industrial in 1963.
The pr operty was purchased by American Excelsior Company in 1957, and used by
th e company for the manufactur i ng of pack i ng material made from Aspen wood
unt il approx i mately 1974 . At that time, the property was placed into inven -
t ory by the Ame r ican Excel si or Company, wi th one building being used for
storage and another bei ng use d by a caretaker/property manager .
Othe r t han th e us e of the one storage bu i ld i ng, the site has not been used
since 197 4. In 198 6, th e pre sent appl ic ant s, Rocky Mounta i n Constructor s,
expressed an interest in the property and now have the site under contract
with an antic1pated closing date of Nove ber 2, 1987 .
One of t he 1 edimen t s to t he devel op nt of the property has been that a
major portion of t he si t e is in the Fl ood Pl a i n of Big Dry Creek . Ro c ~ Moun -
taln Cons ructors, an ear l ving busin ss, is prepared to f i ll the stte and
provide ot er flood pro t ec ion in co pli a ce wi th the requ t r~nt s of the Ci t y
Engin rtng Division and Urb an Or a inag .
in a y Pl at f or oc y unt aln Con-
on Augu t 18 , 198 7. The Pre l •i -
at th e t o ea s nt s d l i neal d by
his has b n don .
the Co.pr h nsl ve Pl an. T e
as a collec or str e t s n
var ous City Otp r s
Final Pla , and l tr
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STAFF REPORT
CASE 116-87
•
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SUBDIVISION PLAT
FINAL PLAT
curb, gutter and sidewalk, and will also provide a drainage easement for ac-
cess to and maintenance of Big Dry Creek.
The Department of Community DeveloPMent reco..ends that the Final Subdivision
Plat for Rocky Mountain Constructors Filing No . 1 be approved.
gw
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P/\HCI-=:1 .. J: II I 'M:CI·I_ Or L.IIHLl 11~ 'Jll[ ::a-1 J/11 (IF ::;r:CrlON '), 'I(JI.JI·f~;Jl(P ~~
~iU U 'I ll, fll•f..jbf-(,(-: WESr LJF Til[ f,lff P.M., /IIUII.'fiii(IE COUNrY, (;(IL(IHI.il(l,
l •E~iCH113£"£l fl::• FOLLOW S : BEGHIIUNG AT A 1-'0Hll , ::iAID POINT GElNG THE
COffER UF Eo/d:l Sl.C:T101~ 9; ltiENCE SOUTH fl OISTANCE Of-'" 125 .00 FEET,
PMl/\LLEL M-ID fiOJt-.CENl TO THE EfiST LINE Of'" THE SOUTHI.jEST (IUARTEH OF
St,;ll ::-;EC1J ON Sl; 'I HENCE NORlH 8~~"33' WEST, 30.26 FEET TO A POINT 01~ THE
WE~~T HIGH T OF WilY LJNE OF SOUTH PECOS STREET, SAID POINT BEING THE
TI\UE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING,
S(•UTI-I 0"0' ~!EST 4')0.00 FEET; lHENCE NORTH 89 "51'30 " WEST, 190-00 FEET;
T HE'NCE NCIRTII 0"0' EAST 31\9.60 FEET; THENCE NORTH B2"J5' WEST, 213.00
F Et-:T ; THENCE NCJHTH 1 J.. J 9' Et.ST, 162.60 FEET; THENCE SOUTH 82 "::>3' EMH,
~;7;'. 1 9 FEET TO TH E lllUE !'OINT OF LIEGINNJNG . PARCEL li: 1\ PARCEL OF
l.I'.Nll IN THE SW 1/4 OF SE.CTl(IN 9 , TOWNSHIP 5 SOUTH, RANGE 6::!: WEST OF
THE 61 H P. 11. , ARIIPAIICIE COUNTY, COLORADO UESCIUBEll AS FOLLOWS:
II EG INNII~G AT THE SOUTIIEAST Ct)HNF.R OF THE TRACT OF LANU CONVEYED TO
MiERJC:IIt-1 EXC:ELSIOH G(.IRPOflt,TlON, II Dt:LAI.jARE CORPORATION, RY DEED
PL:COrWED AUGUST 17, 1 96 1, HI Jl(I(IK 1 281 1\ T PAGE 2S8; TI-lE JoiCE SOUTH ./\
Dl STANCE or-214 FEET, MORE OR LESS, TO ·r HE SOUTHEAST CORNER OF THE
H!IICT OF LfiNIJ OESCRJOEO JN DEI;D HECORDED DECEMBER 16, 1958 IN BOOK
1J 02 AT PAGE 184; THENCE loiESTERL Y ALONG THE SOUTH LINES OF THE TRACTS
Or-LAND DESCRIBED IN DEED RECORDED IN BOOK 1102 AT PAGE 194 AND 185, A
DISTfiNCE OF 521.25 FEET, MORE OR LESS, TO THE EAST LINE OF THE
t.TCIIISON, TOPEKA AND SANTA FE RAILROt.D RIGHT OF WAY; THENCE NORTH
11"1<"•' EAST AL(I G SAID RAILROA D RIGHT OF WAY, A DISTANCE OF 94.1 FEET;
11H::NCE SOUTH 78"41' EAST A DISTANCE OF 90 FEET ALONG SAID RAILROAD
RlGHT Of'" WAY ; THENCE ALONG SfllD RAILROAD RIGHT OF WAY NORTH 11"19'
EAST A DlSTANCC OF 424.97 FEET; THEtiCE NORTH 78"41' WEST A DISTANCE OF
GO FEEl; THCNCE NORTH 11 "19' CAST lDO FEET, MORE OR LESS, TO THE
SC;UTHERL Y LINC OF THE TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK
J2 ... -l AT F'IIGC .. )SE:, THE CE SOITH 82 "15' EAST AND ALO G .. AID SOUTHERLY
LJ E , A DISTANCE OF lBO FEET, MORE OR LESS, TO A COR CR AS DESCRIBED
ll "'AlO DEED RECORDEU IN BOO K 1?81 AT PAGE 258; THEN CE SOUTH AND ALONG
Tl't l.jC"ST LINC (IF ,..AIO TRACT, 1\ DlSTANCI.:: OF 34 9.60 F ET TO THE
llU I I-IWEST COnNER (IF !:iAl 0 TRACT; TI-ICNC~ SOUTH 09 • ·1 '30 ~ EAST ALONG THE
S lllf-1 LlNE OF SAID TF</1CT, A DI, TANCE or. 190 FEET TO THE POINT OF
I EGJNNING. r'ARC EL lii: THAT CERTAIN EASEMENT AND RIGHT-OF-WAY
CF<• Nl ED 10 NtERlCAN EXCCLSIOR COF<t>ORI\TICIN BY PAUL 8. WHITAKER BY
t. SEtlENT AGRC~I'tENf 0/ITEO • .,I~PTEI18CR 6, 1961, RECI.'IRDED IN DOOK 1290,
Pt.GE 5(17 , Hf.~CORDS OF ARAP/\11 IE COUNTY, C L RAOO, WHICH RIGHT -OF WAY IS
ll "SCRIOED .TI-i .RF.If.l AS FO LOWS: A PA CEL OF LAND FOR RIGHY OF WI\Y AND
f'U{ LOCATED lN nrt.: WC:ST IALF 0 S CTI 9 , Tc SHIP$ SOUTH, RAGE 6
&. r;..,·r OF TilE .iiXTH PRJNC!f't.L HE lOlA , ARAPA COUNTY, C . ORAOO, THE
0 l DAllY Ll f:'S (tF HICH J\R 0 C I8EO AS OLLOWS: IEGINNIN AT TH.
1:: N 11!'1 AI 0 ~· ·en 0 9; n OOTH ALC• TH • TI-l-SOUTH CNTI!R
l T • (I · .. AIU ~ CTit , 12 F THt:J TH :0 •33' T, 30,., · ·l
TO A PlllNr NTH . r Rl liT Y Ll ~CIUlH C TRE T; n NC
R ill • •3 ' W. r, ~:>. •• • F ( T TRUl! P(llNT CGl I T ·N
llTI ..... ' W T, 1\9. 1 F T; RTII ll-"19' ST , 99. F
C Tlll.·s~· IIT,lO . 1+. OINT , AlnPOINT
I) I II ~[;: ) I lN
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SUBJECT PROPERTY
-e
LAYTON AV E.
...
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CIT Y PLANNING AND ZONING COMMISSION
ENGLEWOOD, COLORADO
IN THE HATTER OF CASE 116-87, )
FI DI GS OF FACT, CONCLUSIONS )
AND RECOMMENDATIO NS RELATING )
TO HE PRELIMINARY PLAT FOR )
ROC Y MOUNTAIN CONSTRUCTORS, )
FILING 11. )
)
FILED BY : )
LARRY BACON )
C/0 ROCKY MOUNTAIN CONSTRUCTORS )
CO ITRACT PURCHASER )
3070 SOUTH WYANOOT STREET )
ENGLEWOOD, COLORADO 801IO )
)
AND )
)
AMERICAN EXCELSIOR COMPANY )
850 AVENUE H, EAST )
ARLINGTON, TEXAS 76011 )
ATI : ALAN B. GLOVER )
)
FOR PROPERTY LOCATED AT: )
)
4799 SOUTH WI DERMERE STREET, )
E GL£ OOD, COLO 80110 )
Planning Co
P1a ing Co rs abs n :
l .
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THE FINDINGS OF FACT AN D
CO CLUSIONS OF THE PLANN ING
AND ZONING COMMISSION OF THE
ENGLEWOOD, COLORADO
Barbr , Such, Mauna ea, Mu1h rn,
Russ 11, All n, and Carson.
Hanson, agnuson
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2. That notice of the Public Hearing was given by Certified Hail to adjacent property owners.
3 . That American Excelsior Company is the current owner of the property and
that Rocky Mountain Constructors is the Contract Purchaser for the property .
4. That Larry Bacon, applicant, testified that Rocky Mountain Constructors
is presently located at 3070 South Wyandot Street and they have outgrown
the i r present location .
5. That Mr. Bacon further stated that Rocky Mountain Constructors desires to
totally relocate their facility to the subject property.
6. That the site is approximately 6.7 acres in size of which approximately 5
acres are within the flood plain of Big Dry Creek.
7 . That Rocky Mountain Constructors In tends to fill a portion of the site to
specifications approved by the Engineering Department and Urban Drainage
to remove it fro the flood plain .
8 . That the proposed preliminary plat has been reviewed by the City Techni-
cal Review Co i tee .
9. That the proposed plat confonas to the requirements of the applicable
City codes and ordinances.
10. That Mr. Bacon was the only p rson o spoke in favor of the plat, and no
ber of the audienc spo e in opposition to the platting.
~SIOMS
1. That th subj ct prop rty ad b n dev lo d, ut t a 1 had no bee
pr viously platt d.
2. That th prop r noti ce of Public H ar ng was giv n by Certified Mall
to adja cen t prop rty rs.
3.
4.
s.
• z
ain Cons rue ors Filing 11 has
it and s tn ca-pl1ance w1th
Cons r ctors ftltn 11 h s
P ltc H artn o Au s
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Thi s drr i s ion was reached upon 1 vote on 1 motion by Mr. M1unakea, seconded by
Mt·. Mulhern , which motion states:
"The Plannin g Comnission approve the Preli•inlry Plat for Rocky Mount1in
Constructors, 4799 South Winder.ere Street, with the provision that the
two easements delineated by the staff be shown on the Final Plat.•
The seven Commission ~.oers present voted in f1vor of the .ation . Ca..ission
members Hanson 1nd Magnuson were absent .
This decision 1nd these Findings of F1ct 1re effective as of the ~eting of
August 18, 1987 .
By Order of the City Plann ing and Zoning Ca..isston .
Tha mon, tinNn
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STAFF REPORT
CASE #17-87
STAFF REPORT RE:
•
• •
Planned Development for Rocky Mountain Constructors.
DATE TO BE CONSIDERED:
August 18, 1987.
NAME OF APPLICANT:
L1rry B1con
cjo Rocky Mount1in Constructors
Contractor Purch1ser
3070 South W 1ndot S reet
Englewood, Color1do 80110
NME OF OWNER:
ric1n Excelsior C p1ny
850 Avenue H, £1st
Arlington, Tex1s 76011
ATTENTIO : Al1n B. Glover
LOCATION OF PltOPERTY:
PLANNED DEVELOPMENT
PUBLIC HEARING
The subject prop rty i s locat d on t e s s d of Sou h Winde re Street tn
the 4700 block . l i s appro a ly 500 f sou h of es Tufts Avenue .
l£GA~RIPTION:
S A he n A.
2 E DISTRICT:
1·1. u r \11 Ots t rtc •
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STAFF REPORT
CASE 117-87 PLANNED DEVELOPMENT
PUBLIC HEARIN G
structures inclu de a one-story maintenance and repair shop of 14,000 square
feet ; a two -story administrative office building; a watchman/caretaker
residence of 1,020 square feet, and a truck and equipment wash building of
2,664 square feet.
PROCEDURE:
The Planning Commission will consider the Planned Development for Rocky Moun-
tain Cons tructors at a Public Hearing on August 18, 1987.
In reviewing the Planned Development, the Planning Commission must find that
the proposed development meets the following requirements:
1) Uses Permitted. The use in the Planned Development shall be a Per.itted
Pr1ncipal Use in the Zone District in wh ich the Planned Development is
located, or a use permitted pursuant to other provisions of this Ordinance.
2) T e Planned Developmen shall be consistent wi h the intent of the Com-
prehensive Plan and the policies t ereln .
3) The Planned Develop ent 's relationship o its surrounding shall be con -
sid red in order to avoid adverse effects to the existing and possible
future development caused by raffle circulation, building height or
bulk, lack of screening, or intrus1ons of privacy.
4 ) t throug the over-
a )
b)
c)
S)
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Private park and/
n, .. Y be considered to et the
ned that such
s rve th ntirt
of occupan s for
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STAFF REPORT
CASE #17-87
DESCRIPTION OF SUBJECT SITE AND ADJACENT AREA:
PLANNED DEVELOPMENT
PUBLIC HEARING
The subject site conta in s approximately 6 .59 acres of land and is located on
the west side of South Windermere Street in the 4700 block. The area to the
north, east and west of the subject s i te is zoned 1-1 within the City of En-
glewood. The right-of-way for the Atch i son, Topeka, and Santa Fe Railroad is
directly west of the site, and 1-1, Heavy Industrial zoning within the City of
littleton is directly sou h of the property. There are several buildings on
the property from the American Excelsior business, most of which will be
remov ed and replaced wi t h new construction.
BACKGROUND OF PREVIOUS ACTION RELATING TO THE PROPERTY;
This area wa s annexed to the City in 1959, and su bsequent ly zoned 1-1, Light Industrial.
The property was purchased by rican Excelsior Company in 1957, and used by
the co pany for the manufacturing of pac ing material made fro• Aspen wood
until approxi ately I974. A that ti , the property wa s placed into inven-
tory by the American Excelsior C pany, with one building be used for storage
and another being used by a careta er/proper y anager.
0 her than the one storage building, the site has re ained abandoned since
1974. In 1986, the present appllcan s, Rocky Mounta in Constructors, expre ssed
an interest in the property and now hav the site under contract with an an ·
ticipated closing date of ove r 2, 1987.
0 e of he I p d i n s o he d velop nt of the property as n that a
ajor por ion o th sl e Is in t flood Plain of Big Dry Cr e • Rocky un-
tain Constructors, bttng 1n ar ving business, is pr pard to fill
s and prov1d o r flood pro c lon.
RELATIONSH~THE C PREHENSJV£ PLAN :
I )
T
wit h
s
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STAFF REPORT
CASE 117-87 PlANNED DEVElOPMENT
PUBLIC HEARING
oils and other light distillates during storm events as well as during normal lo w flow operation.
Rocky Mount ain Constructors will be responsible for the regular pumping
and cleani ng of the trap. The City's Industrial Pretreatment Specialist
will check on the trap operation and on the water qual i ty leaving the
trap on periodic basis . If it is found that the quality of the effluent
leaving the trap contains contaminants which are degrading the Big Dry
Creek and the Englewood water source, further water quality protection
provisions will be required, and the proper State agency may be contacted for enforcement and corrective action.
In addition, the trap effluent line should be inst alled with a valve on
it. If a spill or lea were to occur, the valve could be closed and the
contaminants wo uld then be contained on site for treatment and removal .
This dictates that the paved area that has the runoff channeled into the
trap be depressed and able to hold t he amount of a major sp ill during a storm event.
2) The area on the site sho wn as equipment storage and parking will not re-
quir a grease and oil rap if the runoff is a non-point discharge, that
is, i f the runoff is not channeled into a specific discharge location.
It appears that the runoff fro the storage and parking area all travels
through the graveled portion of the yard before discharge. This would
indicate an acceptable no -point discharge. However, if th is portion of
th storage area 1s pa ed, or if the discharge is channeled into spec ific
d1sc arg poin s ov r , suitable grease and oil traps will be r qu1red.
3) T proposed und rgrou d u 1 s orage anks will require s r1ct adher nee
o all current und rground tan regulations.
4)
A11 ot
-. .
"'
t water service lines nt r-
a
to
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ST~FF REPORT
CASE 117-87
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PLANNED DEVELOPMENT
PUBLIC HEARING
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION:
The former Americ an Excelsior property has been vacant for some time, and the
re development of the site will be a welcome addit i on to the City's industrial
ar ea . The propos ed development for Rocky Mountain Construct ors, an earthwork
co ntrac ing business, mee ts all of the I-1 Zone District requirements. The
pro posed development indicated four structures for the operation of the busi -
ness, plus outside storage of trucks and equipment. Adequate parking is pro -
vided for both the storage of vehicles, and employees and visitors. The pro -
posed developmen is also in conformance with the City's Landscape Ordinance .
More t an 10\ of the site is to be landscaped with adeq uat e street trees provided.
As men ioned previously, a major portion of the property is withi n the 100
year Flood Pl ain. T e applicant has provided for this with a proposed f ill of
one foot . Also, t i s type of development lends itself well to the possibility
of flooding in that the equ i p ent can be easily moved in the event of a back -flow fro Big Dry Cree .
On t e south end of he pr operty, the proposed develop nt provides for a
drainage eas m nt or access to and aintenance of Big Dry creek. A gravel ma i ntenance trail is also provided .
Proposed s1gnage for the developmen includes one wall sign on the westernMOst
building of 100 square fee , plus a ground sign of 18 square feet located ad -jacent to South W1nde re S r e .
nt
1)
ap proval of t Planned
o t e following:
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STAFF REPORT
CASE #17-87 PLANNED DEVELOPMENT
PUBLIC HEARING
2)
3)
4)
5)
6)
7)
8)
gw
trap be depressed and able to hold the amount of a major spill during a storm event.
The area on the site shown as equiPMent storage and parking will not re-
quire a grease and oil trap if the runoff is a non-point discharge, that
is, if the runoff is not channeled into a specific discharge location.
It appears that the runoff from the storage and parking area all travels
through the graveled portion of the yard before discharge . This would
indicate an acceptable no-point discharge. However, if this portion of
the storage area is paved, or if the discharge is channeled into specific
discharge points over time, suitable grease and oil traps will be required.
The proposed underground fuel storage tanks will require strict adherence to all current underground tank regulations.
An Industr ial Pretreatment pen.it may be required if the garage facility
is connected to the sanitary sewer. In any event, a questionnaire on the
business will need to be filled out with the City's Industrial Pretreat-Ment Specialist .
The site will require backflow devices on the water service lfnes enter-ing the site.
There are a number of water line easements through this property. As a
re inder, no structure can be constructed on the eas ... nts and access to the ease.ents by City personn 1 .ust be pen.ftted.
Approval fro. Urban Drainage.
Coaplfanc with all oth r appl cable codes and ordinances.
~W 'I "I. T:
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:,I C r J 01-1 '"), I U~JH~.;111 I' ~~
Hl'll'/1110[ C(llJI'I I Y, r :(J LOI</;Jll.l,
I 'l l 11 , :3 /\1[) PUHII nt-:lNI~ lHE
OJSliiNCE 0~ 1 25.00 rEET ,
TIIF SOUl HlJCST OUAf~ 1!:. H OF
,
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-,~'* ..... ~ : -' ... " "
•
SUBJECT PROPERTY
..
l_:_ . -
~ ~ . ...
WEST
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CITY PLANNING AND ZONING COMMISSION
ENGLEWOOD, COLORADO
IN THE MATTER OF CASE #17-87 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO THE PLANNED DEVELOPMENT FOR )
ROCKY MOUNTAIN CONSTRUCTORS )
FILING #1 )
) FILED BY : )
) LARRY BACON )
C/0 ROCKY MOUNTAIN CONSTRUCTORS )
CONTRACT PUR CH ASER )
3070 SOUTH WYANOOT STREET )
E GLEWOOO, COLORADO 80110 )
) AND )
) AMERICAN EXCELSIO COMPANY )
850 AVE UE H, EAST )
ARLI GTO , TEXAS 76011 )
ATTENTION : AL 8. GLOVER )
) FOR PROPERTY LOCATED AT : )
)
RE STREET )
80110 )
Phnn i ng C r s Pr n :
Phnnt ng Co r s Ab n :
1.
• I .
THE FINDINGS OF FACT AHD
CONCLUSIONS OF THE PLANNING AND
ZONING COMMISSION OF THE CITY OF
EN GLEWOOD , COLORADO
Barbre, Such, Ma un ak 1, lhern,
Russell, Allen, and Carson
Hanson, Magnuson
,
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2. That notice of the Public Hearing was published in the Englewood Senti -
nel, the officia l C1ty ne wspaper, on August 5, 1987, and that the prop -erty was posted no later than July 31, 1987.
3. That American Excelsior Company is the current owner of the property and
that Rocky Mountain Constructors is the Contract Purchaser of the property.
4 . That Larry Bacon , applicant, testified that Rocky Mountain Constructors
is presently located at 3070 South Wyandot Street, and they have out -grown their present location.
5. That Mr . Bacon further stated that Rocky Mountain Constructors desires
to totally relocate their facility to the subject property .
6. That the site is approximately 6.59 acres in s i ze, of which approximate -
ly 5 acres are within the flood plain of Big Dry Creek.
7 . That Rocky Mounta in Constructors intends to fill a portion of the site
to specifications approved by the Engineering Department and Urban
Drainage to remove it from the flood pla in.
8. Tha presently there are four structures on the site, of which three are to be de lished.
9. That Rocky untain Constructors will build three structures, renovate
the one re aining structure, and a e provisions for outside storage for their equip n and truck fie t .
10. That the we stern-most building Is proposed to be a washing /fuel fac ility
and that a greasejd1rt trap will b provld d for effluen t dralnag froa this facility .
11 . That the south rly portion of he s te will be used for equt~nt par 1ng .
12 .
13.
s all i n
n drain ng
l t .
rov by
s.
nt 0
16 .
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CONCLUSIONS
1. That the proper notice of the Public Hearing was gi ven by publication in
the off icia l City newspaper and by posting the property.
2. That the Planned Development for Rocky Mountain Constructors has been
reviewed by the Technical Review Committee and is in compliance with applic able City ordinances.
3. That the Planned Development for Rocky Mounta i n Constructors has been
consi dered by the Planning Commission at a Public Hearing on August 18 , 1987.
4 . Th at the Planned Development for Rocky Mou nta i n Constructors was found
to be in order subject to prov isions del i neated by the Utilities Depar t-
ment, and th e Commission voted to approve the Planned Development with
the understanding that the requ i rements of the Utilities Department will be met.
RECOftMENOATION
Therefore, it is the decision of he City Planning and Zoning Commission that
the Planned Development for Rocky Mountain Cons rue ors, consisting of four
buildings on approximately 6.59 acres, be approv d. The requireMents of the
Utilities Depart.ent will have to be t befor a Certificate of Occupancy Is issued.
This decisi on was r~ach d upon a vot on a
Mr. Allen, which .atlon s ates:
I.
b Mr . Ma una ea, second d by
Planned Oevelo nt
g r qu r nts of the
rt1 cate o Occupancy Is
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This dictates that the paved area that has the runoff channeled into the
trap be depressed and able to hold the amount of a •ajor spill during a storm event.
2. "The area on the site shown as equipment storage and parking will not
require a grease and oil trap if the runoff is a non-point discharge,
that is, if the runoff is not channeled into a specific discharge loca -
tion. It appears that the runoff frOM the storage and parking area all
travels through the traveled portion of the yard before discharge. This
would indicate an acceptable no-point discharge. However, if this por-
tion of the storage area is paved, or if the discharge is channeled into
specific discharge points over ti~, suitable grease and oil traps will be requ i red .
3. "The proposed underground fuel storage tanks will require strict ad -
herence to all current underground tank regulations.
4 . "An Industrial Pretreat .. nt per.it •ay be required if the garage facili -
ty is connected to the sanitary sewer. In any event, a questionnaire on
the business will need to be filled out with the City's Industrial Pre -treat~nt Specialist.
5 . "The site will require backflow dev i ces on the water service lines en -tering the sHe.
6 . "There are a nu.ber of water line ease~~ents through this property . As a
re.tnder, no structure can be construc ted on the ease~~ents and acce ss to the ease.ents by City personnel .ust be pen.itted .
7. "Approval fro. Urban Drainage .ust be obta i ned .
8 . "There shall be ca.pliance wtth all other applicable codes and ord i nances .•
T sevtft Co.luton rs present voted In favor of the .,t fon . C futon rs Hanson and "-uson r ab sen t .
This d tsfon and t s ftnd\ngs of fact are eff c t fve as of the AIJ9US 18 , 1987 .
8; Ord r of t C ty Pl Zon ng C fssto
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City of Englewood, Colorado
Application for Subdivision
D•te: _July 29 1987
Applk:ont No..,. Lnrr aocon c/o Rocky Mountain Co n struc tor • City u .. Only.
Addreu; _3010 S .qandot Sr
Encl ewood • CO 80 II 0
Tolephone :Z:.>8e!9=.-2o.,S,_,6"'S-------------------
Atllltion 10 Requnt: Contract Purcha ae r
OwnerName: Anlerican Excelsior Co .
Addross: _ _::8.:..5.:..0_:..;A_v.:..e.:..n.:.ue.::._H_:., _Ea_:..;s_t ___________ _
Ar l in&ton 1 TX 76011 Attn: Alan B. Clover
Tolepr.w : (817) 640-1555
Tho_......,..._....-... _.......,-...... ._ .. ~ Ooioltn ,._ .... Dif_ol......,.. ......... _. ....,
150 00 lor .. lwll t O acnoo 0<.., ""--o1.,. ...,_. .. ""-...-,-
.... 0111.0010<--llt-0111 ,_, -..-•
......., .... _, ... CooiiiiJ CWtt-........ "" .......... .. Clly CWtt _ .. __ ., .. ,....,..,_TN ........... ._ ___ ,_,..
-a..,., .............. ~-... Cllfolr,...._ (Tille lUI,
~,., .. _..,CNel,--... --.-............. -""..._ ... ___ .....,_
Hearing No . K4 -t 2
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7
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:-:'1\rlC:FI. I: 9 , TOWI~SIIIP ~~
COUNTY, COLO IU~no,
POINT 13EJ NG ··THE
FEET ,
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RECEIVED
JUL 1 7 1987,
Plinnior Oiv
CITY OF ENGLEWOOD, OOLORADO
3400 SOUTH ELATI STREET
ENGLEWOOD, COLORADO 80110
Application for approval o! a Development Plan
§22 .4A Planned Developmen t District -- ---- ------------- --
Date : July 17, 1987
App licant : lb:ky lb.Jntain
Naae : Cmstnr;toa xrx:
Address : 3070 s. Wyandot St.
Telephone : ____ lu3~063~1~7~8~?=-~25~6~5~-
Owner of Property :
Hue : Agrricon txg:laigr Co.
Addrees : 850 Aw. H, East
Aihnqton, 'I'X 76011
Telephone: 1817! fi«D-1555
~:
Do Mot Write i n Thte ~ace:
Case Jfu.ber :
Tee Paid :~-.,..,,...,
1 ?· rz --7/Jf'n
Date Received : p~¥r 1 .P-
Pre-application Conference:
Date of Hearinc before Planninc
COIUI18Bion: IJ:/4/r?
Action Taken: ____________ ___
O.te Received by City Council :
Date of Hearinc before council:
Action Taken ·
Conditione J•poaed : ______ __
Da • Filed •lth Arapahoe County
Cl rll • Altcorder ·------
1 Su q 8\ Action : ____ _
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1.
2.
3.
4.
5.
b.
7.
8.
9.
10.
11.
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-2-
A Boundary survey; .S t!l!" P~A T
The existing topographic character of the land; Ptl~ ~~~
The proposed land uses ; pv 0 tp~AJ
The location of all existing and proposed buildings, ~ ''
structures and improveaents; ,t!J£/Sl' J!JT.'A-'""' .SVI-1~'010
The density and type of dwellings, includin& typical elevatl~n~ nnd showlns aaxiaua hei~ht: ~~~ ~~~
the aajor po1nts of access to public rights-or-.,;;y, ~¥P /'&,..,.,
lh e int rnal tr~fflc an:! c 1rculatic n syste .. s, 11
~ppl1c~bl ~, orr-~t=~~~ ra~k~d~ a r u~s, ~ervtco ~rca ~,
and loading areas;
The location, height and size of proposed signs, f"';'~:> ?~AJ
fences, lighting and advertising devices includinc
typical elevations;
Areas which are to be conveyed, dedicated or reserved ~P,._
for public purposes, includinc, but not liaited to,
parks and recreational areas, schools, public buildincs,
or other public purposes ;
Areas subject to a 100-year flooding cycle; ~YO /"~AN
A general landscape plan with aajor types of
aaterials designated a s to purpose;
Desicnation of various st ages for construction, if
applicable .
(b) Written Statement. Tbe wr itten stateaent with the Planned
Development application shall contain the following ainiaua
inforaa Uon :
1. A stat .. nt of the pres nt ownership and a lecal
description of all of the land included in the
Planned Developaent;
2. An explanation or the objec tives to be achieved by
the developaont, 1ncludinc buildin& descrlptiofta,
sketch s, or elev ation as aay be nece ary to des-
cribe the objectives,
3. 1ndica inc approxiaate
4 . Co
of t e d velopaent or staces
be xpected to bel iD and to
covera the
d velo nt
iatoraation or e !bits
pro d Plun
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CITY OF ENGLEWOOD PLANNING AND ZONING COIIIISSION
AUGUST 18, 1987
I . CALL TO ORDER.
The regular meeting of the City Pl1nning 1nd Zoning Co..ission WIS c1lled to
order at 7:05 P. M. by Chairman C1rson .
4e mbers present: Russell, Allen, 81rbre, Such, Maunakea, Mulhern, C1rson
Romans, Ex-officio
Me mbers absent : Hanson, Magnuson
Also present: Senior Planner Susan Hirsch
Planner II Harold Stitt
Utilities M1n1ger Mike Woik1
Director of Engineering Services Densel R1gl1nd
Mr. Carson welcomed Mr . Such to the Pl1nning Ca..ission. Mr. Such was recent-
ly appointed by the City Council to fill the Vlclncy created by Mr . Beier 's resignation .
II. APPROVAL OF MINUTES.
ugust 4-;-198
Hr . Carson stated hat h Minutes of Augu st 4, 1987 were to be considered for approval.
It was noted th1t th Cas Number c t d on Pag I of the Minutes should be
•14 -87, 1nd not 4-87 .
A 11 n IIOVed :
arbre s conded: Th Planning Ca..lssion M nutes of August 4 , 1987 be lp ·
prov d with the ch ange noted on Pa 1.
Ill.
I)
l)
Allen , Barbr, Russ 11, Carson
None
Hanson, Magnuson
Such, M1una a , ulh rn
to n carr t
nd
1 •
CASE 120·17
r 0
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way line of Eng lewood Parkway and the north right-of -way line of the
deceleration lane along U. S. 285 to Englewood Parkway.
3) The sixteen (16) foot wide east/west alley between the west right-of-
way line of South Bannock Street and the east right-of-way line of
the north /s outh alley in the 3400 south block between Englewood Park -way and South Bannock Street.
4) The fifteen (15) foot wide north/south alley adjacent to the west
line of lots 2 -11, Block 1, City Gardens Subdivision, and lots 1 -
13, Block 2, Nielsen's Subdivision. The northern border of the alley
is the south right-of -way line of Englewood Parkway and the southern
boundary is the north right -of -way line of West Hampden Avenue.
5) The former West Girard Avenue between the south right-of-way line of
Englewood Parkway and the south right -of-way line of the for.er West
Girard Avenue, said south right-of-way line being the north boundary
line of the undedicated portion of lots 8 and 32, Flood's Addition to
Englewood; and the north boundary line of lot 12, Block 1, City Gar -dens Subdivision.
These rights -of -way are, with the exception of the portion of West Girard
Avenue to be vacated , within the Phase Ill area sold to Tra-.ell Crow by the
Urban Renewal Author ity in late July . Mr . Stitt delineated the points of ac -
cess to the site, and e phasized that the proposed vacations would have no
effect on the points of Ingress/egress. The easement acros s the Phase III
site for little Dry Cree will be retained . The vacation of the rights -of-wa y
will allow for develop n o the si te without the constraints ot designing
the development to ace da e exis ing streets and alleys.
The vacation of th por 10 of st Girard Avenue is requested because of a
proposed realign nt oft st Girard/Sou th Elati Street i ntersection wi th
the entrance to Cinder ll a Cl y at Joslins. The raMp to the underground park -
ing area of Cinderella City has been filled, and part of this filled raMP area
will be used to realign t e s ret . Mr . Stitt stated that the project has
b en put out to bid and construction should beg i n in the near future .
01scussio n ensued.
Alle 1110 ed:
1 rn seconded: Th Plannt g C tss1on r co nd o C y Counc 1 that th
followtng rig s-of-ay b v ca ed:
l) n h sou r g -o • a lin
d nor h rig t ·o • y lin o
l)
3)
• 2 •
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4) The fifteen (15 ) foot wide north/south alley adjacent to the west
line of Lots 2 -11, Block 1, City Gardens Subdivision, and Lots I -
13, Blo ck 2, Nielsen 's Subdivision . The northern border of the alley
is the south right-o f -way line of Englewood Parkway and the southern
boundary is the north right -of-way line of West Ha~en Avenue.
5) The former West Girard Avenue between the south right -of-way line of
Englewood Park way and the south r i ght -of -way line of the former West
Girard Avenue, said south right -of -way line being the north boundary
line of the undedicat ed portion of Lots 8 and JZ, Flood 's Addition to
Englewood ; and the north boundary line of Lot IZ, Block 1, City Gar -dens Subdivision.
AYES :
NAYS :
ABSENT :
ABSTAIN:
Rus sell, Allen , Barbre,
None
Hanson, Magnu son
None
Such , Maunakea, Mulhern, Carson
The motion carried .
IV. ROCKY MOUNTAIN CONSTRUCTORS
Preliminary Subdivision Plat CASE 11&-87
Mr. Carson st at ed that a Public Hearing Is scheduled on a PreliMinary Subdivi -
sion Pla filed by Ro cky Mountain Constructors.
Allen moved:
Mulhern seconded: The Publi c Hear i ng on Case 116 -87 be opened .
AYES :
NAYS :
ABSENT :
ABSTAIN :
Barbre , Such, Maunakea , Mu lh rn, Russell, Allen, Carson None
Hanson, Magn uson
None
The motion carr! d .
Hr . Carson as ed n 91 en of h Publ ic H arl ng. Mr s .
Roans sta ed tha Pu lie otlce on a Subdivls1on Plt 1s by certified til t o
djo1n1ng prope y o n rs, w 1ch no Ice has be n g1v n .
. l .
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e th
Ragland
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plain of Big Dry Creek. Rocky Mountain Constructors will have to provide fill
on the site to get it out of the flood plain. Hr. Bacon stated that the Corps
of Engineers has issued a permit to them to fill the site, and the next step
is to get the permits from the City of Englewood for the fill . Hr. Bacon em-
phas ized that this fill will not be the type of fill required for develoPMent
of structures, but for the parking of the vehicles . He estiMated that they would have the site filled within six MOnths.
Ms. Susan Hirsch, Senior Planner, was sworn in, and stated that the staff
would like to ask that a drainage easeMent be shown on the plat in the south -
we st corner of the site to coincide with the public use area which Is shown on
the Development Plan. An easement also needs to be shown on the Plat extend-
ing diagonally from the northwest to southeast corner, again to coincide with
information shown on the Development Plan. Ms. Hirsch stated that the appli-
cant has agreed to show both these easements on the Final Subdivision Plat.
Hr. Bacon stated that not showing these easements on the plat was an over -
sight. He also noted that there are several antiquated easements, such as to
Colorado Central Power, whi ch they may request be vacated.
There were no other persons in the audience who wished to address the Ca..is-sion concerning this matter .
Barbre 1110ved:
Mauna ea sec onded : The Public Hearing on Case 116 -87 be closed .
AYES :
NAYS :
ABSENT :
ABSTAIN :
Such, Haunakea, Mulhern,
None
Hanson, Magnu son
None
Th motion carried.
Mauna a 1110 d:
Russell, Allen, Barbre, Carson
Mulhern s cond d: The Plann ng Comm ss on approve the Preli•inary Plat for
Rocky Moun a n Cons tructo rs, wi th th proviso that th t
eas nts delineated by t s taff be sh on the Fi nal
AYES :
A S:
ASS[ 1 :
ABSTAI
v.
Plat.
a, ulh rn, Russ 11, All n, 8arbr, Sue , Car on
Ma9nuson
r
l 117 · 1
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CASt 117 ·17
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AYES:
NAYS: Maunakea,
None
Magnuson,
None
Mulhe rn, Russell, Allen, Barbre, Such, Carson
ABSENT:
ABSTAIN: Hanson
The motion carried.
Mr . Carson stated that the required public notice of the Hearing had been given .
Mr . Carson noted that Mr. Bacon was still under oath, and asked th1t he ••ke a presentation on the Planned Development for this site.
Mr. Bacon stated that much of his previous testimony applies to this Public
Hearing, also . Mr. Bacon presented members of the Commission with an aerial
photograph of the site, and stated that this was the for.er location of the
American Excelsior Plant. There are several buildings on the site, which will
be razed or relocated and refurbished. Rocky Mountain Constructors will build
four structures and make provision for outside storage for their equiPMent and
truck fleet. Mr . Bacon described the type of construction proposed for the
various structures, and noted there will be an on -si te caretaker facility.
Mr . Bacon discussed the washing/fuel facility, and the concerns that have been
expressed by the Utilities Department on the effluents fro. this facility .
Mr. Bacon s ated that they will have a grease and dirt tr1p for the effluent
to dratn into. Th southerly part of the site will be used as an equiPMent
par tng area. The surfacing of the site to the east of the buildings will be
asphalt or some other hard surface; on the western side, the surfacing will be
grav 1. The flow of the drainage on the site will be fro. the east to the
w s . The fuel and oil leaks from parked vehicles will be 1bsorbed Into the
grav 1 ra her than draining directly into Big Dry Creek. This will necessi-
tate fr quen changing of the gr1v 1, which Rocky Mount1in Constructors has agr ed to do .
Hr . Bacon discuss d the ank.ent of Big Dry Creek and the acce ss which will
o he Cl y for Maintenan ce purposes .
r . Carso as d If t r qu s ons of Mr . Bacon .
I .
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Mrs. Russell asked what would happen to the effluents after they have gone
through the grease trap; will they then flow in to the Big Dry Creek . Mr. Ba -
con stated that at the prese nt time, they are drained into an underground
tank , and he su gge s ted that this same procedure could be followed at the new
location . He stated that Rocky Mounta in Constructors will work with the
Utilities Department to ensure that contaminants will not get into the water supply.
Mrs. Russell stated that she is pleased to see in dustrial development proposed
for this part of the City, but is very conce rned about the possibility of water pollution.
Ms . Hir sc h s tated that Utilities Manager Mike Woika is present to address the Commissio n.
Mr. Woika was sworn in and stated that the wa ter plant is just down stream
from this site. There were four major concerns that the Utilities Depart .. nt
has expressed, wh ich are (1) the wash area; (2) the underground fuel tank; (3)
the storage of vehicles on the south one -half of the site with the possible
leakage; and (4) the solvents to be used in the vats and Inside the buildings .
He stated that they have talked to the staff within the City, with the State,
and Tri-County Healt h officials. The solvents used insi de the building fn the
vats and s prays will have to go Into the sanitary sewer syst .. , but Rocky
Mountain Cons tructors will have to obtain a Pretreat~nt Pen~l t . The under -
ground fuel tanks will b of n construction, and will probably not present
that much of a proble , in Mr . Wo lka's opinion. All regulations regarding the
installation of underground tanks will have to be followed by Rocky Mountain
Constructors. The storage of vehicles does present a co ncern about the
lea age of oils and fu ls and the ev ntual drainage Into Big Dry Creek. If
hey are parked on grav I, s will act as a filter and should absorb ~est of
he conta fnants. T a wate r and fu 1-up area Is another area of concern.
This area w 11 have o hav a gr as , oil and dirt trap, and 1 will have to
e nitor d clos ly r ol a s ated that if a float type of trap ts used,
th wat er Will dra n nto t Cr e , but the grease and dirt will float fn th
trap and will have to r td . r. of a s tated that the U tlttfes Oepart -
n will r f t d si no rap and will .anltor I t , al so. If prob ·
1 s ar d t n d, U tlt tes Depar nt r s res th rig t tor quest additional tr at n asu
nt had appro ed th
fth COndl ion IS
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Mrs. Romans stated that Ms . Ragland was present to answer any questions the
Commission might have on the filling of the site and the drainage. No ques -
tions were posed to Ms. Ragland.
There were no other persons in the audience who wished to address the Caa.is-
sion in this matter.
Maunakea moved:
Mulhern seconded: The Public Hearing on Case *17-87 be closed.
AYES:
NAYS:
Maunakea, Mulhern, Russell, Allen, Barbre, Such, Carson
None
ABSENT: Hanson , Magnuson
None ABSTAIN:
The motion carried.
Haunakea moved :
Allen seconded: The Planning Commission recommend approval of the Planned
Development for Rocky Mountain Constructors, with the fol-
1)
2)
lowing conditions:
All he surface runoff from the paved area where the fuel Island and the
wa shing facilitie s are located should be channeled to a single discharge
point wh r an oil/grease trap must be installed. All the runoff eaanat -
ing fro this area must flow through the trap prior to discharge. This
trap should be of sufficient size and configuration to trap gasoltne,
oils and oth r light distillates during storM events as 11 as during
normal low flow operation.
Roc Mountain Construe ors will be responsible for th r gular pu.plng
and cleaning of he trap . The City's Industrial Pre rea nt Speclalis
will c ec on the trap opera lon and on the wat er qual! y leaving the
rap on p r odic basis If It Is ound that t qual! y of the efflu nt
1 a 1ng trap contains conta lnants which ar d radlng the Big Dry
Cr and h [ngl wood wa r source, fur h r wa r qual! y protection
lslon' 111 r qulr .d, and th prop r Sta e ncy y contact d
fore " and corr c I ac 1on .
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3) The proposed underground fuel storage tanks ~ill require strict adherence to all current undergroun d tank regulations .
4 ) An Industrial Pretreatment permit may be required if the garage facility
is connected to the sanitary sewer . In any event, a questionnaire on the
business will need to be filled out with the City's Industrial Pretreat -ment Speci a list.
5) The site will require backfl ow devices on the water service lines enter -ing the site.
6) There are a number of water line easements through this property . As a
reminder, no structure can be co nstru cted on the easements and acc ess to the easements by City personnel must be permitted.
7) Approval from Urban Drainage must be ~btained .
8) There shall be compliance with all other applicable co des and ordinances.
AYES:
NAYS:
ABSENT:
ABSTAI
Mulhern Russ 11, Allen, Barbre, Such, Maunakea, Carson None
Hanson, Magnuson
None
The mo ion carr1ed :
Mrs. Romans stated that the Planned 0 velop nt wil l not be fo rwarded to City
Council until the Final Plat for th Subdivision Is approved by the Planning Co ission, and both it ms will be forward d a on
Yl. LMDSCAP£ OlDINANC£ REVISION
s
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bus ine ssm an adds hi s spouse 's name to the deed , ''is is recorded as a change
of ownersh i p, or i f family member s take over a m jority of the stock in a
busi ness at t he t i me of reti rement of the princi pal stockholder. The business
rema ins wit hin the "fa mi ly ", but this is, techn 1cally, a change of ownership .
She ques t i on ed tha t ei ther of these two instances should be regarded in the
s ame man ner a s an outright sale of property to another fir. or individual .
Di s cu s s i on ensued . Mrs . Russell stated that, in her opinion, the adding of a
spouse 's name to the deed should be considered differently than 1 situation
wherein he i rs assume or inherit a business upon the retire.ent of the business princi pa l .
A modified definit i on of "change of ownership" is to be written by the staff
and brought back to the Commission at their next meeting.
Another point of confli ct appears to be the requirement that lOOl of the land-
sc ap i ng mater i al s s hall be of liv i ng plant materials. Mrs. Ro.ans suggested
th a t perhap s the 100% i s excessive , and the percentage should be lowered to
th e or i g i nal f i gure s of 9a\ in the s i ngle -family and two -fa.ily districts, and
t o 50% i n th e mult i -f ami l y and busine s s dis tr i cts . Discussion ensued .
The staff wa s a s ed to revise the se items, an d to br i ng the revisions back to
t he Co iss1on at lh ir ne meeting .
VII. PUBLIC FORUM.
Th re was no audi nee pre s ent to address the Commission.
VIII. DIRECT~ CHOICE.
Mrs . Ro mans s a ed ha t he Ci t y Counc1l app ro v d th propo sed ndlent s to
the Su bd i vision R gula ion on Firs Reading a t he r et i ng of August 17 .
Thy w1ll be consid red a Second R adtng at th f irs t et t ng of Sept..O.r .
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IX. COMMISSIONER'S CHOICE.
Mr. Carson thanked Ms. Hirsch for the letter she had written Safeway regarding the maintenance and replacement of their landscaping.
Mr. Maunakea stated that there are holes in the alley behind his property; he
fills the holes with gravel, and the Ctty crew pra.ptly grades the alley and
digs out the holes agatn. Mrs. Romans stated that she would .. ntlon this •at-ter to the Public Works Department.
Mr. Allen stated that he would ltke to welca.e Mr. Curtis Such to the Commission.
There being no further business to ca.. before the Ca..fssfon, the .. etlng was adjourned at 8 :15P.M .
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CITY OF ENGLEWOOD PLANNING AND Z N& COMMISSION
OCTOBER 20, 87
I. CALL TO ORDER .
The regular meeting of the City Planning and Zoning Ca..ission was called to
order by Chairman Carson at 7:00 P. M.
Members present: Allen, Hanson, Russell, Such, Carson
Romans, Ex -officio
Members absent: Barbre, Jolk, Maunakea , Mulhern
Also present: Susan Hirsch, Senior Planner
II.
Chairman Carson stated that the Minutes of October 6, 1987 were to be con-
side red for approval.
A 11 en IIOVed :
Hanson seconded: The Minutes of October 6, 1987 be approved as written .
AYES:
NAYS:
Hanson, Russell, Such, Allen, Carson
None
ABSENT: Barbre, Jolk, Maunakea , Mulhern
None ABSTAIN:
The .otton carried.
Ill.
unhin Constructors has presented the
Plat of the propo sed subdt sion of property for which they are the con-
purchas r 1 4799 South tnd n.ere Stree . Mr . Carson asked if th
had any presenta ion to . Ms Hirsch sta ed that the applicant ts
, nd ha s ·af uld an r qu stions tha h C tssion h
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Mr. Car son as ked if member s of the Commission had -,y questions of Mr. Bacon.
No one on the Commiss i on ask ed any questions .
Ms. Hirsch s tated that the s taff had nothing to add in addition to the infor -
mation in the staff report , which was sent to the Commission, and asked if the
Commission had any question s of the staff. No questions were asked of the s taff .
Mr. Carson asked the pleasure of the Commission.
Han son moved:
Alle n seconded : The Final Plat of Rocky Mountain Constructors Filing fl be
approved and referred to City Council.
A ES:
AVS:
ABSE T:
ABST AIN :
Hanson , Russell , Such, Allen, Carson
None
Jolk , Maunakea, Mulhern , Barbre
None
The mo t io n c arr i ed.
JY . CASE 1115-87 Fil i ng 11
Mr. Mu lh ern enter ed t he mee t ing and took hi s place wi th -..bers of the Co issi on .
Chairma n Car son s tated that th e Fi nd i ngs of Fa ct for the Prell•lnary Plat of
Roc y Mo unta i n Co ns truc t or s Fili ng J re to be considered for approval .
A 11 en 110 ved :
Russell sec ond d : Th Finding of Fa for Case 116 -87 , the Prell•lnary Pl at
for Roc y un aln Cons ruc t or s F11 ng 11, be approvtd as w ten.
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Mu l h rn. Russ 11, Such, All , Carson
Non
Jol , auna a , ar r
Han so
1on carr d .
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117·17
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Mulhern, Russell ,
None
Maunakea, Barbre,
Hanson
The motion carried.
VI. PUBLIC FORUM.
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Such, Allen, Carsor
Jolk
Chairman Carson asked if anyone in the audience wished to address the Planning
Commission. No member of the audience addressed the Ca..ission.
VII. DIRECTOR'S CHOICE.
Mrs. Romans stated that the annual Holiday Parade is scheduled for Nove.ber
14. If any ~r of the Coamission works for an organization who is inter-
ested in participating, or in sponsoring an award or group, they should con -
tact her. Mrs. Ro.ans stated that there are at least 26 bands that will be participating in the parade.
VIII. COMMISSION'S CHOICE.
Mr . Carson asked if ...oers of the Planning Co.atssion were invited to the
Trammell Crow ground breaking on October 22 . Mrs. Ro.ans stated she felt sure
mbers of the Co.atsston would be welca.e to attend If they so wished.
It was noted that the next .. eting of the Co.alsston has been rescheduled to Nove~r 10 because of the election on Nove.ber 3 . At this tl .. , there are no
cas s for this .. eting . There is an application for 1 Subdivision that has
been received, but this has been scheduled for Nove.ber 17.
Th r e being nothing further to co-. before the Co.atssion, the .. etfng was adj ourned at 7:1S P. M.
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(
C 0 U N C I L
DATE AGENDA ITEM
11 (g)
SUBJECT Wtge increue for
Mtntgerial, Supervisory
and Confidential E~loyees November 12, 1987
INITIATED BY _______ c_tt_Y __ M•_n_•_ge_r __________________________________ _
Request the City Council to approve 1988 Wage Increase ACTION PROPOSED ___________________________ _
for Mtntgerial, Supervisory lnd Confidentitl e.ployees
IACIC&ROUND
The City of Englewood, by Chtrter A.end.ent, provided for the establishlent of
••nagerltl and confldentltl e.ployees within the service of the City; thus ,
such e.ployees 1re excluded fra. representation in any collectively bargained
e.ployee relations syst .. ; therefore, separate resolutions are necessary to provide for wage and benefit adjust .. nts .
Cha es
1. A Resolut on for a C01ptnsatton and Seneflts Plan for General Service Man ·
agerla1 and Supervisory .-ployees . The resolution provides for 1 lS pa~
incre ase effectiv January l, 1988, and loy s will pa~ St .oo per 10nth
l .
t ard the pre.lu. cost of dep nd nt health Insur ance cov r ; S4 .SO to -
ward the total single h alth Insur ance pr u. cost; SS .OO per 10nth to -
ward th p I cost for d pend nt d ntal nsurance coverag : SZ .OO per
nth for sfngl co v rag for d ntal insuranc cover
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3. A Resolution for a Compensation and Benefits Plan for Managerial and
Supervisory e.ployees of the Fire Depart .. nt. The resolution provides for
a ~pay increase effective January 1, 1988, and e.ployees will pay S9.00
per .anth toward the pre.iu. cost of dependent health insurance coverage;
S4.50 toward the total single health insurance pre.iu. cost; SS.OO per
.anth toward the pre.iu. cost for dependent dental insurance coverage;
S2.00 per .anth for single coverage for dental insurance coverage.
4. A Resolution for a Co.pensation and Benefits Plan for Confidential e.-
ployees. The resolution provides for a 2S pay increase effective January
1, 1988, and e.ployees will pay $9.00 per .anth toward the pre.iu. cost of
dependent health insurance coverage; $4.50 toward the total single health
insurance pre.iu• cost; S5.00 per .anth toward the pre.iu. cost for d'pen-
dent dental insurance coverage; S2.00 per .anth for single coverage for dental insurance coverage .
RECCIIINEIItATJOIIS
It is reca..ended that the City Council approve, by .ation, these Resolutions .
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RESOLUTION NO. SERIES OF 1987' __ _
1/ ~~
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY
EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood, by Charter Allendllent effective
April 13, 1981, provided for the establish.ent of ~nagerial and superviso-ry e.ployees within the service of the City of Englewood; and
WHEREAS, the City of Englewood d ... s it is necessary to establish ~nagerial e.ployees with full responsibility to the City in order that the
City be able to fulfill its •ission to provide co.petent, responsible govern~ent to Englewood citizens; and
WHEREAS, by virtue of ~nagerial duties assigned to positions by
the City, the City of Englewood Career Service Board has deten~ined that
the following positions are ~nagertal and as such are, therefore, excluded
fro. representation in any collectively bargained e.ployee relations syst .. of t!te City of Englewood; and
WHEREAS, the City of Englewood desires to establish and ~intain a
sound and beneficial e.ploy.ent syst• to benefit the City and ~n191rial e.ployees of the City.
101 THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1.
That there ts hereby establ tshed the following plu of beftefits
for the ~n191rial e.ployees of the Fire Oepart.eftt of the Ctty of Eng lltiiOOd :
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COMPENSATION Afl) BENEFITS PLAN
FOR THE FIRE DEPAR111EifT'S
NMA&EIIAL/SUP£1YJ SOIY POSIT I OilS
All full-ti .. sworn classified -.ployees excluded fro. the certified
bargaining unit shall be represented by this Resolution.
ARTICLE 1. HOURS OF WOIUC
E~loyees covered by this Resolution are expected to work the hours
necessary to achieve efficient transaction of business, which, in .ast in-
stances, will exceed an average of 40 and 56 hours of work per week.
AITICLE 2. ACTUII PAY
All acting positions assigned and authorized by the Fire Chief or the
Fire Chief 's designated representative, will be c~nsated at full pay .
The -.ployee .ust be in the position four {4) consecutive shifts or 14 con -
secutive calendar days before the e.ployee beco.es eligible for acting
position co.pensation . Such PlY shall be retroactive to the first day the -.ployee assu.es responsibility of the position .
AITICLE 3. M11UAL LEAVE
A. Shift work e.ployees shall be entitled to annual leave according to the following schedule :
Length of
Continuous Service
by
rat
5-9
10 ·14
15 ·19
20+
Hours Accu.uhted
r Month
IS
19
21
23
h red pr or o Otc
C l at n Ul l 1 IV
13 .33
14.16
. z .
Shifts
110 7.5
228 9 .5 Z5Z 10 .5 27 6 11 .5
r 31. 1983 nd COY r
nthly 1 t foll
Hours ...
160
170 I •
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The maximum accumulation of annual leave shall be as follows:
Length of Service
0-9
10-19
20 and above
Hours
240
320
340
New employees hired January 1, 1984, and thereafter shall accu.ulate annual leave at the following rates:
Length
of Service
0-4
5-9
10-19
20 and above
Hours
per Month
8
10
13.33
14.16
Hours
per Year
96
120
160
170
The aaxt~ accu.ulatfon of annual leave shall be as follows:
Length of Service
0-4
5-9
10 -19
20 and above
Hours
"112
240
320
340
C. The aaxt.u. accu.ulatton of annual leave shall be two (2) tt .. s the -.ployee 's nonaal annual leave accu.ulatton.
D. Annual leave shall not be granted to any -.ploy .. until after co.-
pletfon of t lve (12) ~ths consecutive service wtth the Ctty unless
otherwise authorized by the ftre Chtef . In order to qualify for annual
leave crtd t t during the -aftth , t e.ployee ~st have worked for at least
OM ·half (1 /2) of the rk 1ng days of thll -..th tlleludtng authorized pa fd l uv .
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Annual Leave Pay
The rate of annual leave pay shall be the employee's regular straight
time hourly rate of pay for the employee's regular job and charged on a
working hour basis, excluding holidays and regular days off. Annual leave
s hall be allowed only to the total hourly amount accu.ulated at the begin -
ning of the leave, as verified by the Fire Chief . £~1oyees •ay receive
their annual leave pay, provided the employee makes a written request to
their supervisor and approved by the Fire Chief, fifteen calendar days prior to the start of their annual leave.
Minimum Usage
There shall be a one shift mlnimu• use of annual leave ti~ for shift
workers wi th the following exception: If an e.ployee covered under this
contract has used all of the per sonal leave provided to hi.Vher for the
year, the eaployee may use annual leave of less than one shift as approved
and authorized by the Fire Chief or the Fire Chief's designated representative.
Annual Leave Pay Upon separation
Any employee wh o Is separated fro. the service of the City, i.e., re -
tirement, te~inatton or layoff, shall be c~ensated for the unused annual
leave tt~ accUMUlated at the tt~ of separation.
ARTICLE 4. PERSONAl LEAVE
Effective January 1, 1984, all shift work ~loy .. s covered by this
Resolution shall be granted 96 personal leave ti .. wtth pay and all non -
shift rk ~loyees shall be granted 48 personal leave tt .. with pay which
an loyee ts en ltled to use for the follow ing purposes :
A. T lost as a result of Illness/Injury to th ~to~ or the toy 's ate f111t1y .
B. A t nd personal bus n s .
C. l ls ur ti
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ARTICLE S. ADMINISTRATIVE LEAVE
Administrative leave with pay •ay be granted an e.ployee at the discre-
tion of the Fire Chief or designee. This leave is used when circu.stances
require in the best interests of the City and/or the a.ployee that the .. _
ployee should temporarily be relieved from duty.
ARTICLE 6. DISABILITY -TEJIPORARY (NON .JOB RELATm)
Definition
TeMporary disability is leave granted for non-service connected injury
or illness of an e.ployee which disability prevents the e.ployee fra. per-fon.ing his/her duties as a City .-ployee.
Provision
January I, 1984, the City agrees to provide te.porary disability leave
with pay for e.ployees absent as a result of illness/Injury at the rate of
1001 of the e.ployee's regular wage up to 180 calendar days of disability .
Te.porary disability leave shall not be accu.ulative except that on
January 1 of each year the City shall restore 1001 of the nUiber of days
used by an e.ployee during the preceding year up to a aaxi.u. of 90 days.
For new e.ployees hired as of January 1, 1984, and thereafter, and
covered by the ten.s of this agree.ent, the City agrees to provide satd
e.ployees te.porary disability leave with pay for e.ployees absent as a result of Illness/Injury as follows:
0-4 years
S-9 years
10+ years
90 days or 30 shifts
135 days or 45 shifts
180 days or 60 shifts
For new e.ployees hired as of January 1, 1914, and thereafter, t .. -
porary disability leave shall not be accu.ulattvt except that on January 1
of each year the City shall restore 1001 of the nUiber of days used by an
-.ploy e during the preceding year as follows :
8 .
oll
I.
0-4 years
5-9 year
10• y ar
up to a aaxf.ua of 45 days /IS shifts
up to xt.ua of 68 days /23 Jhlfts
up o a xf of 90 days/30 shifts
wtth pay shall only
rary dl btltty hall only bt granted for
0 njury no 1c c n et , lud "9 I •
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Sick leave
All sick leave accrued by permanent employees prior to January 1, 1980,
shall vest with the employee and may be used in the following manner:
A. After the 180 days or 30 shifts as described above have been used,
unless the employee is entitled for retirement as a result of disability.
B. By cashing in all accrued sick leave accumulated under the previous
plan upon normal or disability retirement or separation fro. the City at
the rate of one hour 's pay for each two hours of accrued sick leave.
C. By cashing in accrued sick leave under the previous plan, once each
year at the conversion rate of four (4) hours sick leave for one (1) hour
pay, not to exceed a conversion of .are than 400 hours each year.
The eMPloyee or a member of the e.ployee 's household shall notify the
e.ployee 's supervisor at least 30 •inutes prior to the e.ployee's scheduled
reporting ti ... No te.porary disability leave will be granted to an ...
ployee who falls to notify their supervisor prior to the beginning of the
e.ployee's work schedule unless clrcu.stances beyond the control of the e.ployee would not pen.it .
Verification of Dlsabllit
An attending physician 's stat ... nt will not be necessary until after
one (1) shift/day of dlsabll ty, except when required by the Fire Chief .
If the Fire Ch ef requires a physician 's stat ... nt of disability, t City
shall bear the cos t of such physician 's stat ... nt.
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B. All injuries that occur during working hours shall be reported to
the employee 's supervisor within 24 hours of the injury or before the em-
ployee leaves their department of employment.
ARTICLE 8. MILITARY LEAVE
A. Any permanent or probationary e.ployee who enlists or is inducted
into the military, naval, air or other ar.ed services of the United States
shall be entitled to a leave of absence without pay for the duration of
such war or until honorably discharged, whichever occurs first, and for one
(1) year thereafter.
B. Any employee who shall be a ...O.r of the National Guard or any
other component of the military forces of the state, now or hereafter or -
ganized or constituted under the state or federal law, or who shall be a
member of the reserve forces of the United States, now or hereafter or -
ganized or constituted under federal law, shall be entitled to leave of
absence fra. his e.ployment without loss of pay, seniority, status, ef-
ficiency rating, vacation, sick leave or other benefits for all the ti ..
when he/she is engaged with such organization or ca.ponent in trainif or
active service ordered or authorized by proper authority pursuant to aw,
whether for state or federal purposes, but not exceeding fifteen (15) days
in any calendar year. Such leave shall be allowed in case the required
Military service is satisfactorily perfonDed, which shall be presu.ed un -less the contrary Is established.
C. Such leave shall not be allowed unless the e.ployee returns to his
public position 1-..diately upon being relieved fro. such •ilitary service
and not later than the expiration of the ti .. herein ll•ited for such
leave, unless he/sh fs prevented fro. so returning by physical or .. ntal
disability or other cause not due to his own fault or is required by proper
authorities to continue tn such llttary service beyond th tl .. her fn
1 •lted for such leave.
D. Subj c to provision A.
pay to an .-ploy
ay have rec lved by th
AllTICL£ t. l£A
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loy
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ARTICLE 10. JURY DUTY AND WITNESS SERVICE
Leave may be granted to an employee for serving on jury duty or as a
witness in his official capacity in obedience to a subpoena or direction by
legal authority. He/she shall be entitled to the difference between his
regular compensation and the fees received for jury duty or as a witness.
When he/she is subpoenaed in private litigation to testify, not in his of-
ficial capacity but as an individual, the time absent by reasons thereof
shall be taken as annual leave, personal leave or leave without pay .
ARTICLE 11. HOLIDAYS
A. The following days shall be considered official holidays by the
City:
1 . New Year's Day: January 1.
2. Washington's Birthday: The third Monday in February
3. ~rial Day: The last Monday in May
4. Independence Day : July 4
5. Labor Day: The first Monday in Septe.O.r
6 . Veteran's Day : Nove.ber 11
7. Thanksgiving Day: The fourth Thursday in Nove.ber
8. Fourth Friday of Nov~r following Thanksgiving Day
9 . Chrhtus Eve : Dec..O.r 24
10 . Chrhtus Day : Dec..O.r 25
11. New Year 's Eve : Dece.ber 31
8 . Any .-ployee covered by this Resolution who does not perfor. duty
scheduled on the working days i..adiately prtor to and following a holiday
shall not receive pay for the holiday unless otherwise authorized by the Fir Chief.
C. E~loy es r•quired to wor on an official Cfty holfday aay recetv
qutvalent tt off or pay at the d scretfon of the Ffrt Chief .
D. n any of th forttotng holidays fall on a Svnday, the follow1f19
llday shall bt obs rved as the lttal holiday . n any of the fort90f"9
holidays fall on a Saturday , each loy sh all bt entftltd to a day off
for ch ol day, tc day off shall bt scheduled as th Ctty Mana91r a
or Ft Chit d ten. n , bu no s ctftc day shall ob ervtd as a holt ·
day or purpos of clos City o ftc s and fu c tons .
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The Department, on a replacement basts, will bear the cost of re-
placement uniforms. The new replacement uniform will meet or exceed recog-
nized industry standards such as those published by OSHA, NFPA, or the U.S. Bureau of Standards.
B. Should the department authorize or require a specific work/safety
shoe, the department will provide said shoes which will be considered part
of the required untfon.. If the department requires and provides the shoes
as described above, the footwear allowance as provided in C below will be
reduced to fifty percent (S~) of the cost of authorized footwear up to SSO .OO per year.
C. Subject to conditions described in B above, the depart .. nt will
provide fifty percent (S~) of the cost of authorized footwear up to S7S.OO per year.
D. Physical fitness sweatshirts, sweatpants, and running shorts will
be provided by the Fire Depart .. nt for e.ployees engaged in the Depart -
.. nt's physical fitness progra.. The above clothing will be provided ac -
cording to an as-needed-basts, deten~tned by the Fire Chief.
E. Cleaning -The City will be responsible for providing cleaning for all untfon~s and/or safety equiPMent.
AlTICLE U. TUITJOII l£f111)
Upon reca..endation of the Fire Chief and after prior approval of the
City Manager or his designee, the City of Englewood .ay rei~rse an .. _
ployee for satisfactory ca.pletlon of atte.pted course work of Grade C or
above for undergraduate and graduate classes at 1001 of public institution
rates or 50S of private institution rates. This Includes ret~rs ... nt for
the cost of required texts and associated .. ndatory fees.
E-ploy .. s enrolled in progr .. s ~lch require attendance during regular -
ly scheduled working hours .. Y be granted ti• off wtth the .-ploy .. and
City equally shar ng the cost on a 50S b1sis . The -.ploy .... Y elect to
use 1nnu11 1 av , personal le1ve or co.pens1tory tt• to ret.OUrse the City
for th t t1 n off during r tng hours to pursue a degree .
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Beginning January 1, 1988, employees will pay $5.00 per month toward
the premium cost for dependent coverage and $2.00 per month for single
coverage for dental insurance.
Any dispute concerning the interpretation or application of benefits
under the dental plan shall be subject to the dispute resolution procedure
only.
ARTICLE 1&. HEALTH INSURANCE -EMPLOYEES/RETIREES
A. Beginning January 1, 1988, the City will pay at least $186.00 per
.onth toward the pr .. tu. cost for dependent coverage and $57.28 per .onth
for single coverage for the City's self-funded health insurance plan.
B. Beginning January 1, 1988, .-ployees will pay $9.00 per .onth to-
ward the pr .. tu. cost for dependent coverage for the City's self-funded
health insurance plan. Employees having single coverage will pay $4.50 per
.onth of the the total single pr .. tu. cost.
C. Any dispute concerning the interpretation or application of bene-
fits provided under the health insurance plan shall be subject t~ the dis-
pute resolution procedure only .
D. Retirees prior to January 1, 1980, will be provided health in-
surance coverage by the City on a non-participating basts. The coverage
will coordinate with Medicaid and Medicare wherever applicable. Retirees
after January 1, 1980, will be guaranteed conversion privileges to the
health insurance plan available through the City. The Ctty will pay 501 of
the cost of coverage of he/she conversion plan up to a ..xt.u. of S75 .00
per .onth for the "Ployee and tncludt~ the etiPlOyHs dependents.
All ICU 17. HEALTH DMIIIATI•
t.ployHs covered by this Resolution shall be eltgtble on a voluntary
basts for a Ctty paid health ex .. tnatton conducted by the City 's physician .
The schedule for ex .. tnattons shall be deten~tntd by the tndtvtdual ...
ployee 's age as foll s:
Before age 40
Bet n ag s 40 -50
After 9 50
AllJCL 11 . LAYOrF
A. For d scrtp ton of th
nd l ·lL ·l -8 o th Engl
• once every 3 years
-every Z years
• one very y ar
policy s
• 10 •
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ARTICLE 19. LEAVE OF ABSENCE (WITHOUT PAY)
Eligibility
Permanent employees may be granted a leave of absence without pay for
reasons of education which is allied to the duties of the City, settle~nt
of an estate, child care, serious illness of a MeMber of the e.ployee's
family, but shall not be used for the purpose of obtaining eaplo~nt else-
where. Leave without pay shall not exceed six months of any year but •ay
be extended upon request for an additional six months. The total leave
time shall not exceed one year. Upon return from approved leave, the e.-
ployee will be restored to their fo~r position if available or to a posi-
tion comparable for which the employee is qualified. During a period of
unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits.
Application for Leave
A request for a leave of absence without pay shall be sub.itted in
writing by the employee to the Fire Chief . The request shall indicate the
reason the leave of absence is being requested and the approxi•ate length of leave time requested .
Consideration of Leave Request
The Fire Chief May either grant or deny leave requests, taking into
consideration the depart~nt 's work force, work load and the e.ployee's request .
Failure to Return
If an .-ploy e falls to return by the date of leave expiration, the
e.ployee shall be considered to have voluntarily resigned fro. the service of the Ctty .
AITICLE 20 . NOIATJGel
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Should the City Manager return the employee to his/her previous position
the employee shall be informed of the reasons for the return.
C. Employees rehired as provided under the provisions of the City's
administrative procedures with less than one (1) year of separation fro.
the City shall be subject to a probationary period. The Fire Chief, with
the approval of the appointing authority, .ay .adify or waive the proba-
tionary period.
ARTICLE 21. OVERTIME COMPEIISATIOII
Overti .. work and co.pensation shall be a~inistered pursuant to
departmental policy .
ARTICLE 22. WAGE PROYISIOII
E~loyees covered by this Resolution will receive a wage increase of Zl
effective January 1, 1988.
ARTICLE 23. AUTOIIOIILE ALLOWMCE
An e.ployee who is specifically authorized by the Fire Chief to operate
his personally owned auto.obilt in the conduct of City business shall be
paid •lleage in accordance with the City's vehicle •iltage policy.
MTICLE 14. CCIIIPl.AIIff USOLUTIOII
In the event there is any dispute or COiflaint concerning the inter-
pretati~ or application of these or any other benefits either written,
l~litd or practiced, satd dispute wtll be s~ltted for resolutt~ through
the dtspute resolutl~ procedure u provided for and •tnhtered by the
Cl ty Man r and hh/her des tgnated represenht he .
AITICLE 15. IETI fiTS
R Ur t f ts nd contrlbut on ltv ls are provided r Engle ·
ntc pal Cod and Stat Statut •
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ATTEST:
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Section 2.
This resolution supersedes all other resolutions on this subject.
ADOPTED AND APPROVED this 17th diY of Nove.ber, 1987
Eugene (. Otis, Mayor
City Clerk
I, Patricia H. Crow, City Clerk of the City of Engl~ Colorado,
hereby certify that the above and foregoing is a true, accurate and ca.-
plete copy of Resolution No. __ , Series of 1987.
Patricia H. Crow
. l .
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RESOLUTION NO .. __ _
SERIES OF 1987
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY
EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood, by Charter Alendlent effective
April 13, 1981, provided for the establishlent of .. nagerial and superviso-
ry e.ployees within the service of the City of Englewood; and
WHEREAS, the City of Englewood d ... s it is necessar1 to establish
•anagerial e.ployees with full responsibility to the City in order that the
City be able to fulfill its •ission to provide co.petent, responsible
gover~nt to Englewood citizens; and
WHEREAS, by virtue of .. nagerial duties assigned to positions by
the City, the City of Englewood Career Service Board has deter.ined that
the following positions are .. nagerial and as such are, therefore, excluded
fro. representation in any collectively bargained e.ployee relations syst ..
of the City of Englewood; and
WHEREAS, the City of Englewood desires to establish and .. intain a
sound and beneficial .-ploywent syst .. to benefit the City and .. nagerial
.-ployees of the City.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOO, COLORADO:
Section 1.
That there is hereby established the following plan of benefits
for the .. nagerial .-ployees of the Police Depart .. nt of the City
of Engli'IIOOd :
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COMPENSATION AND BENEFITS PLAN
FOR THE POLICE DEPARTMENT'S
MANAGERIAL/SUPERVISORY POSITIONS
All full-ti.e sworn classified .anagerialfsupervisory e.ploy .. s ex-
cluded from the certified bargaining unit shall be represented by this
Resolution.
ARTICLE 1. HOUIS OF WORK
Employees covered by this Resolution are expected to work the hours
necessary to achieve efficient transaction of business, which, in .ast in-
stances, will exceed an average of 40 hours of work per week.
ARTICLE 2. ACTUII PAY
All acting positions, excluding acting position at the Police Chief
level, will be co.pensated at one -half the difference between the ...
ployee's actual classification and that in which he/she is acting of 15S of
the e.ployee's present salary, whichever is greater, as approved by the
City Manager . The a.ployee .ust be in the position for a period of thirty
(30) consecutive calendar days before said .-ploy .. beca.es eligible for
acting position ca.pensation. Such pay will be retroactive to the first
day said .-ploy .. assu.es the responsibilities of the position.
AltTICL£ 3. LMOin
A. Effective January 1, 1982, longevity COIIpeftUtlon wtll ftO longer
be accrued for any -.ployees covered by this Resolution. However, for
those -.ploy .. s receiving longevity cQ~Ptnsatlon prior to January 1, 1912,
they shall continue to receive said CQ~Ptnsation at their present rate per
.anth . E~loy s with less than five years of continuous service with t
City as of January 1, 1982, will not be eligible for longevity cOIIpeftsatton
at any li . for those elt9tble loy s, the 110unt of longevity cQ~Ptn ·
salton shall cOMputed froe th foll ing schedule:
0·4 "
S·t
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10 -1 4 $24 per month for $288 per year, except for those employees who
have not completed eleven full years of continuous service on De-
cember 1 of any year, which employees shall receive $144 plus an
amount equal to $12 for each year full month of completed con-
tinuous service after completion of 10 years of service up to De-
cember 1.
15 -19 $36 per month for $432 per year, except for those e.ployees who
have not completed 16 full years of continuous service on Dec..O.r
1 of any year, which e.ployee shall receive $288 plus an a.aunt
equal to $12 for each year full .anth of ca.pleted continuous ser-
vice after completion of 15 years of service up to Dece.ber 1.
20 or $48 per .onth for $576 per year, except for those e.ployees who
have not completed 21 full years of continuous service on Dec.-ber
1 of any year, which employee shall receive $432 plus an a.ount
equal to $12 for each full .anth of ca.pleted continuous service
after cOMpletion of 20 years of continuous service up to Dece.ber
1.
Subject to Paragraph A above, e.ployees covered by this Resolution
shall continue to receive longevity ca.pensation at the rate per .anth they
were receiving on the date they were pro.ated into this benefit group.
AltTICL[ 4 . ..W. LEAVE
A. ~loyees hired prior to Dec..O.r 31, 1983 and covered by this
Resolution shall accu.ulate annual leave .anthly at the following rates:
length
of Service
10 and above
20 and above
Hours
ptr Month 0
13.33
14 .16
Hours
r Year
160
170
The .. xt.u. accu.ulation of annual leave shall be as follows :
le th of Service
10 -19
20 and abo
J n ary 1,
ng rat s :
Hours
10
13.33
14 .16
nth
Hours
320
340
I" 11
lZO
160
170 I . •
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The maximum accumul at ion of annual leave shall be as follows:
len th of Service
-4
S-9
10 -19
20 and above
Hours --m-
240
320
340
B. Annual leave shall not be granted to any employee until after co.-
pletion of twelve (12) .onths consecutive service with the City unless
otherwise authorized by the Police Chief. In order to qualify for annual
leave credit during the .onth, the employee .ust have worked for at least
one -half (1/2) of the working days of that .anth excluding authorized paid leave.
C. Annual leave shall neither be authorized nor co.puted for any pur -
pose after the maximum accu•ulatton has been reached. The schedule for use
of annual leave shall be determined by the needs of the depart .. nt. Annual
leave shall be taken at a time convenient to and approved by the Pollee
Chief. Employees shall not lose accumulated annual leave after the maximum
has been reached If the employee has requested use of annual leave prior to
•aximum accu.ulation, and has been dented use of annual leave.
Annual leave Pay
The rate of annual leave pay shall be the employee's regular straight
ti .. hourly rate of pay for the employee 's regular job and charged on a
working hour basts, excluding holidays and regular days off. Annual leave
shall be allowed only to the total hourly ~unt accumulated at the begin-
ning of the leave, as verified by the Pollee Chief. Employees -.y receive
their annual leave pay no earlier than three (3) days prior to the start of
their annual leave, provided the employee makes a written request to their
supervisor fifteen calendar days prior to the start of their annual leave.
Work Durin Annual leave
If after the employee has begun their annual leave and the City re -
quires the employ e to work during the scheduled annual leave period, th
employe shall not be charg d any vacation t for the number of hours
r d •
Any
t i nt,
1 ll
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, unless
rt ·
niiU l I .
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How Charged
Annual leave for employee s shall be charged on a working hour basts
excluding regular days off .
ARTICLE 5. PERSONAL LEAVE
Beginning January 1, 1984 , all employees covered by this Resolution on
an eight -hour shift shall be granted 48 personal leave hours with pay and
those on a ten -hour shift shall be granted 50 personal leave hours with pay
wh ic h an employee is entitled to use for the following purposes :
A. Time lost as a result of illness/Injury to the e.ployee or the
eMPloyee's imme diate fa.tly .
B. Attend personal business .
C. leisure time.
For any e.ployee who has not used the 48 or SO personal leave hours
ending Nove.ber 30 of each year or any portion thereof, the City will co.-
pensate said e.ployee for the unused time at the e.ployee's regular wage
rate to be paid during the .anth of Dec.-ber of that year. Personal leave
ti .. shall not exceed the 48 or 50 hours as designated above nor shall It
be accu.ulated or carried over fro. one year to the next. Personal leave
shall be scheduled and ad.tnlstered under the direc t ion of the Pollee Chief
for personal business and leisure tt... In the event of I llness/Injury In
which personal leave is requested, the e.ployee shall notify their supervi-
sor or other person designated by the supervisor at least one (I) hour
prior to their scheduled reporting tt ...
AG.Inlstratlv leave with pay aay be granted an -.ploytt at the dlscre -
t on of the Police Chief or designee. This leave is used when ctrcu.stanc ·
es require in th st Interests of the City and/or th -.ploy e that the
.-ploy should t orarily be relieved fro. duty .
AlTICl£ 7. DISAilllTY • T'~I)UIY ( .JOt RELATED)
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Temporary disability leave shall not be accumulative except that on
January 1 of each year the City shall restore 100% of the number of days
used by an employee during the preceding year up to a maximum of 90 days.
For new employees hired as of January 1, 1984, and thereafter, and
covered by the terms of this agreement, the City agrees to provide said
employees temporary disability leave with pay for employees absent as a
result of illness/injury as follows:
0-4 years
5-9 years
10+ years
90 days
135 days
180 days
For new employees hired as of January 1, 1984, and thereafter, te.-
porary disability leave shall not be accuMUlative except that on January 1
of each year the City shall restore 1001 of the nu.ber of days used by an
employee during the preceding year as follows:
Utilization
0-4 years
5-9 years
10+ years
up to a Maxi.u. of 45 days
up to a •axi.u. of 68 days
up to a •axi.u• of 90 days
A. Authorization for te.porary disability leave with pay shall only
be granted after the first day of disability .
B. Authorization for te.porary disability shall only be granted for the following reasons:
1. Personal illness or injury not service connected, including
•aternity.
Sick leave
All sick leave accrued by pen~anent e.ployees prior to January 1, 1980,
shall vest with the e.ployee and •ay be used in the following Manner :
A. After th 180 day as d scribed above hav been used, unless th
ploy 1 d for r ir nt as a result of disability.
8 . By ca hin n all ecru d s c lea
pl n upon noreal or d sab11\ y r tr
h r teo o hour 's pay or tach t
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employee's work schedule unless circumstances beyond the control of the
employee would not permit.
Verification of Disability
An attending physician's statement will not be necessary until after
one (1) shift/day of disability, except when required by the Police Chief.
If the Police Chief requires a physician's statement of disability, the
City shall bear the cost of such physician's statement.
Abuse of Temporary Disability
Abuse of temporary disability occurs when an e~loyee Misrepresents the
actual reason for requesting temporary disability or when an employee uses
temporary disability leave for unauthorized purposes. An ~loyee who
makes a false claim for temporary disability leave shall be subject to dis -
ciplinary action.
ARTICLE 8. ON-THE-JOB INJURY -DISABILITY
A. For any on-the -job injury which causes any a.ployee to be absent
fro. work as a result of such injury, the City shall pay to such e.ployee
his/her full wage s for the first day of his/her absence frOM work up to and
including the 90th calendar day of such absence, less whatever su.s
received by the employee as disability wages under workMen 's c~ensation.
The City reserves the right to require any employee on injury or disability
leave to submit to an examination(s) by City appointed physician(s) at the
City's expense or under the provision of work~n 's c~ensation or the re -
tire.ent/pension provisions as provided under State Statute.
B. All injuries that occur during working hours shall be reported to
the loye 's supervisor within 24 hours of the injury or before the ...
ployee leaves their depart.ent of employment .
ARTICLE 9. MILITARY LEAVE
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military service is satisfactorily performed, which shall be presumed un-
less the contrary is established .
C. Such leave shall not be allowed unless the employee returns to his/
her public position immediately upon being relieved fro. such military ser-
vice and not later than the expiration of the time herein limited for such
leave, unless he/she is prevented from so returning by physical or ~ntal
disability or other cause not due to his/her own fault or is required by
proper authorities to continue in such military service beyond the ti~
herein limited for such leave.
D. Subject to provision A, B, and C above, the City shall provide full
pay to an employee granted military leave, less whatever wages the e.ployee
may have received by the military for such service.
ARTICLE 10. FUNERAL LEAVE
The Police Chief shall grant leave with pay to an e.ployee to attend
the funeral of a ~mber of the employee's family . The nu.ber of days gran -
ted shall be governed by the circumstances of the case, but in no event
shall they exceed five (5) working days . For the purposes of this section,
·e~loyee's family" shall mean the employees, spouse, or the children,
grandchildren, par nts, grandparents, brothers and sisters of the e.ployee
or of the employ e 's spouse. Annual leave may be granted by the Police
Chief if additional time off is deemed appropriate.
ARTICLE 11. JURY DUTY AND WITNESS SEIVICE
Leave .. Y bt granted to an .-ployee for serving on jury duty or as a
witness in his/her official capacity in obedience to a subpoena or direc -
tion by legal authority . He/she shall be entitled to the difference
bet en hls/h r r gular ca.pensatlon and the fees received for jury duty or
as a witness . n he /she Is subpoen aed In private litigation to testify,
not in hls/her off clal capacity but as an Individual, the ti .. absent by
reasons th r of shall ta en as annual leave , personal leave or leave
w thou pay .
ARTICLE 12. HO IDA S
Cl
A, T
1.
2.
).
4 ,
5. .
7.
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10 .
l1
d s s all o cl l ol d ys by t
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B. Any employee covered by this Resolution who does not perfon. duty
scheduled on the working days immediately prior to and following a holiday
shall not receive pay for the holiday unless otherwise authorized by the
Police Chief.
C. Employees required to work on an official City holiday •ay receive
equivalent time off or pay at the discretion of the Police Chief.
D. When any of the foregoing holidays fall on a Sunday, the following
Monday shall be observed as the legal holiday. When any of the foregoing
holidays fall on a Saturday, each employee shall be entitled to a day off
for such holiday, which day off shall be scheduled as the City Manager and/
or Police Chief determines, but no specific day shall be observed as a
holiday for purpose of closing City offices and functions.
ARTICLE 13. IIUFOM CLEANIN& ALLOWANCE
If an e.ployee is required to wear a unifor., the e.ployee shall wear
the unifor. only as authorized by the depart .. nt work rules. All e.ployees
shall •aintain a presentable appearance while on duty. The .-ploy .. is
responsible for any da.age to the unifor. by negligence or deliberate act.
The City will be responsible for providing and cleaning of said unifor.s .
ARTICLE 14. TUITION IERII)
Upon rec~ndation of the Police Chief and after prior approval of the
City Manager or his/her designee, the City of Engl.-ood .. Y rei~rse an
.-ployee for satisfactory ca.pletion of att.-pted course work of Grade C or
above for undergraduate and graduate classes at 1001 of public institution
rates or 50S of private Institution rates . This Includes rel~rs ... nt for
the cost of required texts and assoc i ated .. ndatory f .. s.
(llploy .. s enrolled In progrus lch require att~ance dur1ft9 regular -
ly scheduled working hours .. Y be granted tt• off wtth the -.ploy .. aftd
City qually sharing th cost on a SOl basis . The -.ploy .... Y elect to
use annual leav , personal leave or c01pensato ry tt to ret~rse the City
for the tf tak n off dur ng rktng hours to purs a d r ...
ARTICLE 15. Uft JMSUIMC
NSUIIMCE
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Beginning January 1, 1988, employees will pay $5.00 per month toward
the premium cost for dependent coverage and SZ.OO per month for single
coverage for dental insurance.
Any dispute concerning the interpretation or application of benefits
under the dental plan shall be subject to the dispute resolution procedure
only.
ARTICLE 17. HEALTH INSURANCE • EMPLOYEES/RETIREES
A. Beginning January 1, 1988, the City will pay at least $186 .00 per
.anth toward the pre.iu• cost for dependent coverage and $57.28 per .onth
for single coverage for the City 's self-funded health insurance plan.
B. Beginning January 1, 1988, e.ployees will pay $9.00 per .anth to-
ward the pre.iu. cost for dependent coverage for the City's self-funded
health insurance plan. EMPloyees having single coverage wtll pay $4 .50 per
.onth of the the total single pr .. iu. cost.
C. Any dispute concerning the Interpretation or application of bent -
fits provided under the health Insurance plan shall be subject to the dis -
pute resolution procedure only .
D. Retirees prior to January 1, 1980, will be provided health In -
surance coverage by the City on a non -participating basts . The coverage
will coordinate with Medicaid and Medicare wherever applicable . Retirees
after January 1, 1980, will be guaranteed conversion privileges to the
health Insurance plan available through the City . The City will pay 501 of
the cost of coverage of he/she conversion plan up to a .. xt.u. of $75 .00
per .onth .
AllTJCLt 11. HEALTH EIMIIIATI.
E~loyees covered by this Resolution shall be eligible on a voluntary
basts for a City paid health ex .. tnatlon conducted by the City's physician .
Th sc hedule for ex .. tnat1ons shall be dtttr.lned by the Indivi dual ...
ploye 's age as follows :
AllTICU tt. LAYOFF
A. For d crtpt on of th
·ll·l ·l 0 th ngl
-once every 3 years
• ev ry 2 y ars
• once v ry y ar
ol cy ct on l ·lf·l ·l
• 10 •
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ARTICLE 20. LEAVE OF ABSENCE (WITHOUT PAY)
Eligibility
Permanent employees may be granted a leave of absence without pay for
reasons of education which is allied to the duties of the City, settle.ent
of an estate, child care, serious illness of a member of the e.ployee's
family, but shall not be used for the purpose of obtaining e.ploy.ent else -
where . leave without pay shall not exceed six months of any year but ••Y
be extended upon request for an additional six months. The total leave
time shall not exceed one year . Upon return from approved leave, the .. -
ployee will be restored to their fonaer position if available or to 1 posi -
tion comparable for which the employee is qualified. During 1 period of
unpaid leave , e•ployees shall not continue to accrue service credit or be
eligible for any City benefits.
Application for leave
A request for a leave of absence without pay shall be sublitted in
writing by the employee to the Police Chief. The request shall indicate
the reason the leave of absence is being requested and the approxi•ate
length of leave time requested.
Consideration of leave Request
The Police Chief •ay either grant or deny leave requests, taking into
consideration the depart .. nt 's work force, work load and the e.ployee's
request .
Failure to Return
If an loy fails to return by the date of leave expiration, the
e.ployee shall be consid red to have voluntarily resigned fr~ the service
of th City.
ARTICLE 21. ,.OIATI
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C. Employees rehired as provided under the provisions of the City's
administrative procedures with less than one (1) year of separation fro.
the City shall be subject to a probationary period. The Pollee Chief with
the approval of the appointing authority •ay modify or waive the probation-ary period.
ARTICLE 22. OVERTIME COMPENSATION
Overti.a work and compensation shall be ad•tntstered pursuant to
depart~ntal policy.
ARTICLE 23. WAlE PROVISION
E~loyees covered by this Resolution will receive the following wage
adjust~nt increase:
Sergeant 2. 001
lieutenant 2.001
Division Police Chief 2.001
This increase shall be effective January 1, 1988 .
MTICLE 24. COMPLAIIIT IESOLUTIOit PIOCEIIUI£
In the event there is any dispute concerning the interpretation or ap -
plication of these or any other benefits either written, i_,lied or prac -
ticed, said dispute will be sub.itted for resolution thrQU9h the ca.plaint
resolution procedure as provided for and a•intsttrtd by the City Manattr
and his/her designated representative .
MTICLE 25. IETIIEREJT IEIEFITS
Retir~nt benef i ts shall be provided for under Engl~ Municipal
Code and State Statute .
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ATTEST:
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Section 2.
This resolution supersedes all other resolutions on this subject.
ADOPTED AND APPROVED this 17th day of Nove.ber, 1987.
Eugene [. Otis, Mayor
City Clerk
I, Patricia H. Crow, City Clerk of the City of Engle.ood Colorado,
hereby certify that the above and foregoing is a true, accurate and cot-
plete copy of Resolut ton No. __ , Series of 1987.
Patricia H. Crow
. ' .
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RESOLUTION NO. SERIES OF 1987' __ _
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MANAGERS OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood, by Charter ~ndlent effective
April 13, 1981, provided for the establishlent of .. nagerial and superviso-
ry e.ployees within the service of the City of Englewood; and
WHEREAS, the City of Englewood de .. s it is necessary to establish
••nagerial e.ployees with full responsibility to the City in order that the
City be able to fulfill its •ission to provide ca.petent, responsible govern-.nt to Englewood citizens; and
WHEREAS, by virtue of .. nagerial duties assigned to positions by
the City, the City of Englewood Career Service Boud has detenained that
the following positions are .. nagerial and as such are, therefore, excluded fr~ representation in any collectively bargained e.ployee relations syst .. of the City of Englewood; and
WHEREAS, the City of Englewood desires to establish and .. intain a
sound and beneficial e.plo~nt syst .. to benefit the City and .. nagerial e.ployees of the City.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of ENGLEWOOD, COLORADO:
Section 1.
That t here is hereby established the following plan of benefits
for the general servtces .. nagertal e~~ployees of the Ctty of Engl.-oDd :
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COMPENSATION AND BENEFITS PLAN
FOR THE GENERAL SERVICES DEPARTMENT'S
MANAGERIAL/SUPERVISORY POSITIONS
All full-time classified managerial/supervisory e.ployees excluded from
the certified bargaining unit shall be represented by this Resolution.
ARTICLE 1. HOURS OF WORK
Employees covered by this Resolution are expected to work the hours
necessary to achieve efficient transaction of business, which, in .ast in-
stances, will exceed an average of 40 hours of work per week.
ARTICLE 2. ACTING PAY
All acting positions, excluding acting position at the depart .. nt head
level, will be co.pensated at one-half the difference between the .. _
ployee's actual classification and that in which he/she is acting or 151 of
the employee's present salary, whichever is greater, as approved by the
City Manager. The e.ployee lUSt be in the position for 1 period of thirty
(30) consecutive calendar days before said a.ployee beca.es eligible for
acting position ca.pensation. Such pay will be retroactive to the first
day the a.ployee assu.es the responsibilities of the position.
AITICLE 3. LOIIIOITY
Effective January 1, 1982, longevity ca.pensatlon will no longer be
accrued for any e.ployees covered by this Resolution . However, for those
e.ployees receiving longevity ca.pensatton prior to January 1, 1982, they
shall continue to receive said co.pensation at their present rate per
.onth. E~loyees with less than five years of continuous service with the
City as of January 1, 1982, will not be eligible for longevity co.pensation
at any ti... For those eligible a.ployees, th aMOunt of longevity ca.pen -
satfon shall be ca.puted fro. the following schedule:
Ytar of
Contfnuous
Servict As
Of 1 I 82
0·4 on
5·9
nslt ton
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10 -14 $24 per month for $288 per year, except for those employees who
have not completed eleven full years of continuous service on De-
cember 1 of any year, which employees shall receive $144 plus an
amount equal to $12 for each year full month of completed con-
tinuous service after completion of 10 years of service up to De-cember 1 .
15-19 $36 per month for $432 per year, except for those employees who
have not completed 16 full years of continuous service on Deca.ber
1 of any year, which employee shall receive $288 plus an a.ount
equal to $12 for each year full month of co.pleted continuous ser-
vice after completion of 15 years of service up to Decelber 1.
20 or $48 per month for $576 per year, except for those employees who
have not COMpleted 21 full years of continuous service on Dece.ber
1 of any year, which eMployee shall receive $432 plus an a.ount
equal to $12 for each full .onth of co.pleted continuous service
after ca.pletion of 20 years of continuous service up to Deca.ber 1.
E~loyees covered by this Resolution shall continue to receive longevi -
ty ca.pensatlon at the rate per .onth they were receiving on the date they
are pro.oted into this benefit group, i .e . aanagerfal employee.
ARTICLE 4. -.w, LEAVE
A. E.ployees prior to January 1, 1984 and covered by this
Resolution shall acc l at a al leave IOftthly at the following rates :
10 and abov
20 and abov
Th I CC h 10 0
lO ·It
20
nual
Hours
10
13 .33
14 .I
leav shall
Hours
t•
320 •o
be IS
r s
Hours
r Ye1r
160
170
follows :
11
Hours
uo
160
170
cc..,hte
r
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The maximum accumulation of annual leave shall be as follows:
Length of Service
0-4
5-9
10 -19
20 and above
Hours
160
240
320
340
B. Annual leave shall not be granted to any eMployee until after co.-
pletion of twelve (12) months consecutive service with the City unless
otherwise authorized by the Department Head. In order to qualify for an -
nual leave credit during the month, the employee must have worked for at
least one -half (1/2) of the working days of that month excluding authorized paid leave .
C. Annual leave shall neither be authorized nor ca.puted for any pur -
pose after the aaxi.u. accu.ulation has been reached. The schedule for use
of annual leave shall be deten~ined by the needs of the depart .. nt . Annual
leave shall be taken at a time convenient to and approved by the Department
Head . E~loyees shall not lose accu.ulated annual leave after the aaxi~
has been reached If the e.ployee has requested use of annual leave prior to
maxi.u. accu.ulatlon, and has been dented use of annual leave.
Annual Leave Pa
The rate of annual leave pay shall be the e.ploytt's regular straight
time hourly rate of pay for the e.ploytt 's regular job and charted on a
working hour basts, excluding holidays and regular days off. Annual leave
shall be all~ only to th total hourly ..aunt accu.ulattd at the btgfn-
ning of th leave, as verified by the Dtpart .. nt Head. E~loytts .. Y
r ceive their annual leave pay no earlier than thrtt (3) days prior to the
start of their annual leave, prov dtd the loytt aakes a written request
to their supervisor fifte n calendar days prior to the start of their an -nual leave .
c ty rt ·
UI"S
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How Charged
Annual leave for employees shall be charged on a working hour b~sls excluding regular days off .
ARTICLE 5. PERSONAL LEAVE
Effective January 1, 1984, ~11 employees covered by this Resolution
shall be gr~nted 48 person~l le~ve hours with p~y which ~n e.ployee is en -titled to use for the following purposes:
A. Time lost ~s ~ result of illness/Injury to the e~loyee or the employee's immediate f~mlly .
B. Attend person~l business.
C. leisure time.
For ~ny employee who has not used the 48 person~l le~ve hours ending
Nove.ber 30 of each ye~r or any portion thereof, the City will co.pens~te s~id e.ployee for the unused time ~t the employee's regul~r wage rate to be
paid during the month of DeceMber of that year . Personal leave tl .. shall
not exceed the 48 hours as designated above nor shall it be accu.ulated or
carried over fro. one year to the next. Personal leave shall be scheduled
and ad.lnistered under the direction of the Depart .. nt Head. In the event
of illness/Injury In which personal leave is requested, the e.ployee shall
notify their supervisor or other person designated by the supervisor at
least one (1) hour pri~r to their scheduled reporting tl... Personal leave
shall be prorated for e.ploytes beginning and te"'tnating a.plo~nt wtth the City during the calendar year .
AllTICU I. ADIUIUSTUTIVE LEAVE
Ad.tntstrative 1 ave wtth pay -.y be granted an a.ployee at the d tsc r -
tion of th Depart nt Head or d sign e . Th s leav Is used n ctrcu.-
stances require tn h best nterests of t C ty and/or the -.plo that
th loy should t orartly r ltevtd fro. duty .
AllTIC 7. 01
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Temporary disability leave shall not be accumulative except that on
January 1 of each year the City shall restore 100% of the number of days
used by an employee during the preceding year up to a maximum of 90 days.
For employees hired as of January 1, 1984, and thereafter, and covered
by the terms of this agreement, the City agrees to provide said e.ployees
temporary disability leave with pay for employees absent as a result of illness/injury as follows :
0-4 years
5-9 years
10+ years
90 days
135 days
180 days
For employees hired as of January 1, 1984 , and thereafter, te.porary
disability leave shall not be accumulative except that on January 1 of each
year the City shall restore the number of days used by an -.ployee during
the preceding year according to the following schedule:
Utilization
0 -4 years
5-9 years
10+ years
up to a maximum of 45 days
up to a maximum of 68 days
up to a maximum of 90 days
A. Authorization for te.porary disability leave with pay shall only be granted after the first day of disability .
B. Authorization for temporary disability shall only be granted for the following reasons :
1. Personal illness or injury not service connected, including attrntty .
All stc leave accrued by p n~an nt ~loy t prior to January 1, 1980,
shall s t w h th loy and lY bt us d in th follow ng manner :
scr btd abov ha been used , unless th
result of d s ab ilf ty .
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schedule unless circumstances beyond the control of the employee would not
permit .
Verification of Disability
An attending physician 's statement will not be necessary until after
three days of di sability, except when required by the Depart.ent Head. If
the Department Head requ ires a physician 's statement of disability, the
City shall bear the cost of such physician 's statement .
Abuse of Temporary Disability
Abuse of temporary disability occurs when an e.ployee •isrepresents the
actual reason for requesting temporary disability or when an .-ployee uses
temporary disabil ity leave for unauthorized purposes . An e.ployee who
makes a false claim for temporary disability leave shall be subject to dis -
ci pl inary action.
ARTICLE 8. ON-THE-JOI INJURY -DISAIILITY
A. For any on-the-job injury wh ich causes any e.ployee to be absent
from work as a result of such injury, the City shall pay to such e.ployee
his/her full wage s from the first day of his/her absence fro. work up to
and including th 90th calendar day of such absence, less whatever su.s
received by the eMPloyee as disability wag es under wor~n 's co.pens ation .
The City reserves the right to requlr any e.ployee on Injury or disability
leave to su~lt to an exa.lnatlon(s) by City appointed physiclan(s) at the
City's expense or und r the provision of workmen's co.pens atlon or the
retir-.ent/pension provisions as provided under State Statute .
8 . All injuries that occur during working hours shall be reported to
the loy 's sup rvlsor wi thin 24 hours of the Injury or before the ...
ployee leav s th lr d par nt of loy.ent .
ARTICLE t. DISAIILITY IMSUUIICE
TICL 10. ll11 l ¥
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member of the reserve forces of the United States, now or hereafter or -
ganized or constituted under federal l aw , shall be entitled to leave of
absence from his/her employment without loss of pay, seniority, status,
efficiency rating , vacation, sick leave or other benefits for all the ti~
when he/she is engaged with such organization or component in training or
active service ordered or authorized by proper authority pursuant to law,
whether for state or federal purposes, but not exceeding fifteen (15) days
in any calendar year . Such leave shall be allowed in case the required
military service is satisfactorily performed, which shall be presuMed un -
less the contrary is established.
C. Such leave shall not be allowed unless the e.ployee returns to his/
her public position immediately upon being relieved fro. such •ilitary ser -
vice &nd not later than the expiration of the ti.a herein li•ited for such
leave, unless he/she is prevented from so returning by physical or .. ntal
disability or other c&use not due to his/her own fault or is required by
proper &uthorities to continue in such military service beyond the ti ..
herein limited for such le&ve.
D. Subject to provision A, B, &nd C above, the City shall provide full
p&y to &n employee granted milit&ry le&ve, less whatever w&ges the e.ployee
may h&ve received by the milit&ry for such service.
AaTICLE 11. FUNDAL LEAVE
The Dtpart .. nt Head sh&ll grant l &ve with pay to 1n e.ployee to &ttend
the funeral of 1 -..btr of the e.ployee 's f._ily. The nUiber of days gran-
ted shall be govern d by th circu.stances of the case, but in no event
shall they exceed five (5) working days . For the purposes of this section,
"-.ployee 's f ily" shall .. an the loyee 's spouse, or the children,
grandchildren, par nts, grandparents, brothers and sisters of the -.ploy
or of the loy 's spous . Annual leave y be granted by the Oepart.tnt
Head if addi ional 1 .. off s d appropr i ate .
AaTICLE U, MY DUTY MD WI 55 5£lVICE
A. 11 b t Ct
1. I
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4. Independence Day : July 4
5. Labor Day : The first Monday in September
6. Veteran's Day: November 11
7. Thanksgiving Day : The fourth Thursday in November
8 . Fourth Friday of November following Thanksgiving Day
9 . Christmas Eve : December 24
10. Christmas Day : December 25
11. New Year's Eve: December 31
B. Any employee covered by this Resolution who does not perfon~ duty
scheduled on the working days immediately prior to and following a holiday
shall not receive pay for the holiday unless otherwise authorized by the Department Head.
C. Employees required to work on an officiAl City holiday INY receive
equivalent time off or pay at the discretion of the Oepart~ent Head.
D. When any of the foregoing holidays fall on a Sunday, the following
Monday shall be ob served as the legal holiday . When any of the foregoing
holidays fall on a Sa urday, each employee shall be entitled to a day off
for such holiday, wh ic h da y off s hall be scheduled as the City Manager and/
or Department Head determin es, bu t no spe ci f i c day shall be observed as a
holiday for purpo s e of cl osi ng Ci y off ic s and functions .
ARTICLE 14. UNIFORM CLEANI ALLOWANCE
If an employe is requ red to
ARTICLE 15. TUITI
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ARTICLE 16. LIFE INSURANCE
Term life insurance will be provided by the City for employees covered
by this Resolution of $35,000 for each employee. A conversion privilege
upon retirement of 5~ coverage payable by the employee will be .. de avail-
able by the City for said retired employee.
ARTICLE 17. DENTAL INSURANCE
During the life of this Contract, the City shall pay at least $35.00
per .onth toward the premium cost for dependent coverage and at least
$11.00 per .onth for single coverage for the City Dental Insurance Plan or
other plan selected by the City as a substitute for the City Health Plan
for each single and dependent policyholder.
Beginning January 1, 1988, employees will pay $5.00 per .onth toward
the pre•ium cost for dependent coverage and $2 .00 per month for single
coverage for dental insurance.
Any dispute concerning the interpretation or application of benefits
under the dental plan shall be subject to the dispute resolution procedure only.
AITICLE II. HUl. TH INSURANCE -DtPLOYEES/RETllEES
A. Beginning January 1, 1988, the City will pay at least $186.00 per
110nth toward the pr iu. cost for dependent coverage and $57 .28 per IIOftth
for single coverage for th City's self -funded health insurance plan .
B. Be9inning January I, 1988, employees will pay $9 .00 per 110nth to -
ward the pre. cost f or d nd nt cov rage for the City 's self-funded
h alth insuranc plan £ lo s having single coverag will pay $4 .50 per
110nth of th t total ' le pr cos t .
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ARTICLE 19. HEALTH EXAMINATION
Employees covered by th i s Res olut i on shall be eligible on a voluntary
ba sis for a City pa i d health exam i nat i on conducted by the City's physician .
The schedule for examinat i ons shall be determined by the individual em-ployee 's age as fo l low s:
Before age 40
Between age s 40 -50
After age 50
ARTICLE 20. LAYOFF
-on ce every 3 years
-every 2 years
-on ce every year
A. For descript i on of the City 's layoff policy see Sect i on 3-1F -
1-8 and Se ct io n 3-1L -1-8 of the Engle wood Munici pa l Code .
ARTICLE 21. LEAVE OF ABSENCE (WITHOUT PAY )
Eligibili t y
Per.a nent e.ployees •ay be granted a lea e of 1bsence without p1y for
re 1sons of educ1t i on wh i ch is 1ll i ed to the dut i s of the City, se tt l ... nt
of 1n est1te, child care, serious i llness of a ...C.r of the -.ploy .. 's
f1•ily, but shill not be used for the purpose of obt1ining other e.ploy -
.ent . Le1ve without pay shall not ex ceed s ix -anths of any ye ar but -.y be
extended upon r qu s t for 1n add i t onal six .anths . The tota l leave t i ..
sh all not exceed one year . Upon r turn fro. approved leave, the -.ploy ..
will be restored to th i r fon.er pos i t i on i f ava i lab l e or to a position
ca.parable for ic h th -.pl oy Is qual i f i ed . Dur i ng a per od of un p1 id
le1ve , e.ployees shall not con nu to acc rue serv ce credit or be e ligi ble for 1ny City benef f s.
A l lc 1tion for lave
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s u l tted in
s t s hall l nd l c1te
lpprox l -.te
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ARTICLE 22. PROBATION
Any permanent employee in the classified service upon being pro.oted to
a new position in the Career Serv i ce System shall have probationary status
in the position to which he/she was pro.ated, but shall retain peraanent
status in his/her previous classification and ~ay transfer back or be re-
turned to that previous position at any tiMe during the probationary period
at the discretion of the appointing authority.
Employees rehired as provided under the provisions of the City's ad-
ministrative procedures with less than one (1) year of separation fro. the
City shall be subject to a probationary period . The Depart~nt Head with
the approval of the appointing authority may modify or waive the probation -ary period.
NOTE : For legal authority see 3-1E ·1 of the City Code.
AllTICLE 23. OYUTIN£ COMPEJISATIOII
Overti~ work and compensation shall be administered pursuant to depart~ntal policy .
AllTICLE 24. WME PROYISIOII
EMployees covered by this Resolution will receive a 21 wage increase adjust nt effective January 1, 1988.
AllTICLE 25. IETIIEIOT IDIEFITS
The rttt~nt benefits for e.ploy es covered by thts Resolution are
set forth tn Title V, Chapter 9, Rettre.ent, of the Englewood Nun tctpal Cod .
AllTICLE 26. CWLAIIIIT IESOLUTIOII PROCEIIUIE
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COMPENSATION PLAN RESOLUTION FOR
MANAGERIAL AND SUPERVISORY POSITIONS IN THE DEPARTMENTS OF
COtiiJNITY DEVE LOPftENT, EMPLOYEE RELATIONS, EN&INEEII.,
FINANCE, FIRE , LIBRARY , PARKS AND RECREATION, POLICE, PUBLIC MOllS,
UT ILITIES , WA STEWATE R TREAT"ENT PLANT AND MUNICIPAL COUll
The following positions shall be represented by this Resolution:
Finance
Phnning
Uttliti s
ater
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Superintenden t, Water Di strict
Superintendent, WWTP Operations
Superintendent, Parks
Superintendent, Recreation
Superintendent, WWTP Maintenance
Superintendent, Water Plant
Supervisor , Golf Course
Supervisor, Building Maintenance
Supervisor, Parks
Supervisor, Recreation
Supervisor, Servicenter
Supervisor, Streets
Supervisor, Traffic
Supervisor, Water District
Supervisor, WWTP Maintenance
Traffic Engineer
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Section Z.
This resolution supersedes all other resolutions on this subject.
ADOPTED AND APPROVED this 17th day of Novelber, 1987 .
Eugene (. Otis, Mlyor
ATIEST:
City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood Colorado ,
hereby cert i fy that the above and foregoing is a true, accurate and ca.-
plete copy of Resolut i on No . __ , Series of 1987.
Patr ic ia H. Crow
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RESOLUTION NO. __ _
SERIES OF 1987
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL EMPLOYEES OF
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood, by Charter ~~nt effective
April 13, 1981, provided for the establishlent of confidential e.ployees
within the service of the City of Englewood; and
WHEREAS, the City of Englewood d ... s it is necessary to establish
confidential e.ployees with full responsibility to the City in o~r that
the City be able to fulfill its •ission to provide co.petent, responsible
govern~ent to Englewood citizens; and
WHEREAS, by virtue of duties assigned to positions by the City, it
has dettr.ined that they are confidential and as such are, therefore, ex -
cluded fr~ representation in any collectively bargained e.ployee relations
syst .. of the City of Englewood; and
WHEREAS , the Ci ty of Englewood desires to establish and .. intain a
sound and beneficial ftiiPlo~nt syst• to benefit the City and cot~fidenth l
ftiiPloyees of the City .
fOI THEREFORE BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY Of
ENGLEWOOD , COlORADO :
S.Ction 1.
That there t s hereby established the following plan of benefits
for the conf t denthl aployHs of the City of Engl..-ood :
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COMPENSATION Afl) BENEFITS PLAN
FOR THE CONFIDENTIAL EMPLOYEES
All full -ti~ classified confidential e.ployees excluded fro. the cer-
tified bargaining unit shall be represented by this Resolution.
ARTICLE 1. HOURS OF WORK
Employees covered by this Resolution are expected to work the hours
necessary to achieve efficient transaction of business, which, in .ast in-
stances, will exceed an average of 40 hours of work per week. Confidential
employees shall be excluded fro. overti~ pay for any ti.e in which work is
performed other than for Boards, Ca.missions and the City Council .
ARTICLE 2. ACTING PAY
All acting positions, excluding act ing pos ition at the depart.ent head
level, will be compensated at one -half the di fference between the .. -
ployee 's actual classification and that in wh ich she/he is acting or 151 of
the employee 's present salary, wh iche ver is greater, as approved by the
City Manager . The e.ployee ~ust be in the position for a period of thirty
(30) consecutive calendar days before the e.ployee beco.es eligible for
acting position co.pensation. Such pay will be retroactive to the f irst
day the e.ployee assu~s the responsibilities of the position .
AltTICLE 3. BIT IIICREAS£5
All .eri incr as s pro ided for the e.ployee will be considered upon
t e ann i versary date and s all not be consi dered auta.at ic, but rather,
based upon perfo~nce . Said .erit increase .ay be granted or denied to
any ind1v dual loy e upon rec ndation of the depart.ent head and with
th approval of th Ci ty nager . The date in ich the .. rit increase is
e f c 1v s all d te in t n rit anniversary date .
ARTICLE 4 . LOM&EYITY
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0-4 None
5-9 $12 per month for $144 per year, except for those a.ployees who
have not ca.pleted six full years of continuous service on Oece.-
ber 1 of any year, which employees shall receive an ..aunt equal
to $12 for each full .onth of ca.pleted continuous service after
co.pletion of five years of continuous service up to Oece.ber 1.
10-14 $24 per .onth for $288 per year, except for those e.ployees who
have not ca.pleted eleven full years of continuous service on Oe -
ce.ber 1 of any year, which e.ployees shall receive $144 plus an
a.ount equal to $12 for each year full .onth of ca.pleted con-
tinuous service after ca.pletion of 10 years of service up to Oe-
ce.ber 1.
15-19 $36 per .onth for $432 per year, except for those e.ployees who
have not ca.pleted 16 full years of continuous service on Decelber
1 of any year , which e.ployee shall receive $288 plus an ..ount
equal to $12 for each year full .anth of ca.pleted continuous ser-
vice after ca.plet l on of 15 years of service up to Oecelber 1.
20 or $48 per .onth for $576 per year, except for those e.ployees who
have not ca.pleted 21 full years of continuous service on Decelber
1 of any year , which e.ployee shall receive $432 plus an ..aunt
equal to $12 for each full .onth of ca.pleted continuous service
after ca.pletion of 20 years of continuous service up to Dece.ber
1.
E.ployees covered by this Resolution shall continue to receive longevi -
ty c01pensat ion at the rate per .onth they wre receiving on the date they
are pro.oted into this benefit group, I.e., confidenti al e.ployee.
AITICLE 5.
A. t.ployees hired pr or to January 1, 1914, and covered by this
solution shall accu.ul ate annual leav .anthly at t following rates :
length
o Service
10 nd abov
20 and 1 v
T
l
13 .33
14 .16
ur
320
340
4 , • t
all
160
170
s ol1
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0-4
5-9
10 -19
20 and above
6.66
10
13.33
14.16
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80
120
160
170
The maximum accumulation of annual leave shall be as follows:
Length of Service
0-4
5 -9
10-19
20 and above
Hours
160
240
320
340
B. Annual leave shall not be granted to any e~ployee until after co.-
pletion of twelve (12) .anths consecutive service with the City unless
otherwise authorized by the Depart-.nt Head. In order to qualify for an -
nual leave credit during the .anth, the e.ployee .ust have worked for at
least one -half (1/2) of the working days of that .anth excluding authorized
paid leave .
C. Annual leave shall neither be author ized nor ca.puted for any pur -
pose after the .axt.u. accu.ulation has been reached . The schedule for use
of annual leave shall be detenained by the needs of the departlent. Annual
leave shall be taken at a ti• convenient to and approved by the O.partlent
Head . [_,loyees shall not lose accu.ulated annual leave after the ... t.ua
has been reached if the e~plo~ has requested use of annual leave prior to
.axt.u. accu.ulatton, and has been dented use of annual leave .
Annual Leave Pay
The rate of annua l leave pay shall be the e.ploy .. 's regular stratfht
tt• hourly rate of pay for the e.,loyH 's retular job and Wrted on a
working hour basts, exclud ing hol i days and regular days off . ~~ leave
shall be all only to th total hourly ..aunt acc 1ated at the begin -
ni ng of th leave, u ver 1fted by the Departaent Head . r.,lo~s .ay
rece v t t r annual leave pay no earl er than thr (3) days pr or to t
start of th r annual leav , prov ded t loy .a s a wr itt request
to t r su rvtsor f\ft n cal ndar da s pr or to t start of t tr an -
nual 1 a
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Any employee who is separated from the service of the City, i.e., re-
tirement, termination or layoff, shall be compensated for the unused annual
leave time accumulated at the time of separation.
How Charged
Annual leave for employees shall be charged on a working hour basis excluding regular days off.
ARTICLE & • PERSONAl. LEAVE
Beginning January 1, 1984 , all e.ployees covered by this Resolution
shall be granted 48 personal leave hours with pay which an a.ployee is en-titled to use for the following purposes :
A. Ti.e lost as a result of Illness/injury to the e.ployee or the
e.ployee's i~iate fuily .
B. Attend personal business.
C. leisure ti•.
For any e.ployee who has not used the 48 personal leave hours ending
Novellber 30 of each year or any portion thereof, the City will COIIIpensate
said e.ployee for the unused tt• at the 111ployee's regular wage rate to be
paid during the .anth of Decellber of that year. Personal leave ti• shall
not exceed the 48 hours as designated above nor shall It be accu.ulated or
carried over fro. one year to the next. Personal leave shall be scheduled
and adllintstered under the direction of the Depart.ent Head . In the event
of illness/injury in which personal leave Is requested, the -.ploy .. shall
notify the! r supervisor or other person de signated by the supervisor at
least one (1) hour prior to their scheduled reporting tt ...
AITICL£ 7. Mllti.ISTUTIY£ LEAVE
Ad.inistrattve leav with pay .ay be granted an -.ploy .. at the dtscre ·
t on of th Otpart.t~t Head or destg This lea fs used wMit ct~u.-
stanc s requ re fn t best interests o t City and/or the e.ploy.e that
t loy s ould t rar ly be relle f d1.1ty.
AITICL I. OJ JLJTY • T Y (
De
on
ted n ry
fro~~ r -
to ~tro ·
a ul
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of illness/injury at the rate of 100% of the employee 's regular wage up to
120 calendar days of disability.
Temporary disability leave shall not be accumulative except that on
January 1 of each year the City shall restore 100% of the nu.oer of days
used by an employee during the preceding year up to a •axi~ of 60 days.
For employees hired as of January 1, 1984, and thereafter, and covered
by the terms of this agree.ent, the City agrees to provide said e~ployees
temporary disability leave with pay for employees absent as a result of
illness/injury as follows :
0 -4 years
5-9 years
10+ years
60 days
90 days
120 days
For e.ployees hired as of January 1, 1984, and thereafter, te.porary
disability leave shall not be accu.ulative except that on January 1 of each
year the City shall restore the nu.ber of days used by an e~ployee during
the preceding year according to the following schedule:
Ut 11 i zat ton
0-4 years
5 -9 years
10+ years
up to a •axi.u. of 30 days
up to a .axf.u. of 45 days
up to a .axi.ua of 60 days
A. Authorization for te.porary disability leave with pay shall only
be granted after the first day of dtsab111ty .
8 . Authorization for te.porary disability shall only be granted for
the following reasons:
1. Personal llness or injury not se rv ice co nnected , including
IUt rnHy .
Sic leave
pl
A.
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notify their supervisor prior to the beginning of the employee's work
schedule unless circumstances beyond the control of the employee would not permit.
Verification of Disability
An attending physician's state.ent will not be necessary until after
three (3) days of disability, except when required by the Depart~ent Head.
If the Department Head requires a physician's state~ent of disability, the
City shall bear the cost of such physician's state.ent.
Abuse of Temporary Disability
Abuse of teaporary disability occurs when an ~loyee •isrepresents the
actual reason for reque sting te.porary disability or when an ~loyee uses
temporary disabil ity leave for unauthorized purposes . An e.ployee who
makes a false clai for t~orary disabili y leave shall be subject to dis-ciplinary act ion.
ARTICLE 51. M·TIIE-JOI IUMY -DISAIILITY
A. For any on -the -job injury which causes any e.ployee to be absent
fro. work as a result of such injury, the City shall pay to such e.ployee
his/her full wage s fro. the first day of his/her absence fro. work up to
and including the 90th calendar day of such absence, less whatever suas
received by the e.ployee as disability wages under worklen 's co.pansation .
The City reserves the right to require any e.ployee on injury or disabili y
leave to sub.it to an ex ination(s) by City appointed phys ici an(s) at the
City's expense or under the provision of r n's ca.pensation or the re-tire~ent/penston provisions as provided under State Statute .
B. All tnjuri s that occur during r ng ours shall be ~rted to
the e.ployee 's supervisor w thin Z4 hours of the tnjury or before t ...
ploy leaves t ir d part nt of .-plo n •
AITICLE 10. "ILITARY LEA E
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military service is satisfactorily performed, which shall be presu.ed un-less the contrary is established.
C. Such leave shall not be allowed unless the e.ployee returns to his/
her public position immediately upon being relieved fro. such •ilitary ser-
vice and not later than the expiration of the ti~ herein li•ited f or such
leave, unless she/he is prevented fro. so returning by physical or ~ntal
disability or other cause not due to his/her own fault or is required by
proper authorities to continue in such •ilitary service beyond the ti ..
herein li•ited for such leave.
D. Subject to provision A, 8, and C above, the City shall provide full
pay to an e.ployee granted Military leave, less whatever wages the e.ployee
.. Y have received by the •ilitary for such service.
AITICL£ 11. FUIOAl. LEAVE
The depar~nt head shall grant leave with pay to an a.ployee to attend
the funeral of I ...oer of the e.ployee's f .. ily. The nu.ber of days gran -
ted shall be governed by the circu.stances of the case, but in no event
shall they exceed five (5) working days. For the purposes of this section,
"e.ployee 's fa.ily" shall ~an the e.ployee's spouse, or the children,
grandchildren, parents , grandparents, brothers and sisters of the e.ployee
or of the e.ployee 's spouse . Annual leave .. Y be granted by the depart.ent
head If additional tl~ off Is dee..d appropriate.
AITICL£ 12. JUlY DUTY _, VITIIESS SEIYICE
leave .. Y be granted to an e.ployee for serving on Jury duty or as 1
witness in his/her offi ci al capa ci ty In obedience to 1 subpoena or direc -
tion by lega l author i ty . She/he shall be ent i tled tot d fference
bet n hls/h r regular c011pensat i on and the fees rece ved for jury duty or
as 1 wl tn ss . n she /he Is subpoenaed fn private lfttgatlon to testify,
not n his/her off cl al capac i ty but as an nd vidual , the t l .. abseftt by
reason s thereof s all be taken as annual leave , personal leav or leave w t ou pay .
AITICLE 13. I DAYS
A. s all Ct of cl 1
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2.
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10 .
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B. Any employee covered by this Resolution who does not perfon1 duty
scheduled on the work i ng days immediately pr i or to and following a holiday
shall not receive pay for the hol i day unless otherwise authorized by the department head.
C. EMployees required to work on an official City holiday .ay receive
equivalent ti~ off or pay at the discretion of the depart.ent head .
0 . When any of the foregoing holidays fall on a Sunday, the following
Monday shall be observed as the legal holiday. When any of the foregoing
hol i days fall on a Saturday, each employee shall be entitled to 1 day off
for such holiday, which day off shall be scheduled as the City Manager and /
or depart~nt head deten~ines, but no specific day shall be observed as a
holiday for purpose of closing City offices and functions.
ARTICLE 14. TUITION IEflll)
Upon reca..endation of the Oepart~nt Head and after prior approval of
the City Manager or his/her designee, the City of Englewood .ay rei~rse
an e.ployee for satisfactory ca.pletion of atte.pted course work of Grade C
or above for undergraduate and graduate classes at 1001 of publ i c institu -
tion rates or SOl of pr iv ate institution rates . This includes ret~rse
-.nt for the cost of required texts and associated aandatory fees .
~loyees enrolled in progra s wh ich require attendance during regular -
ly scheduled work i ng hours aay be granted tt-. off with the e.ployee and
City equally sharing the cos t on a SOS basts . The e.ployee aay elect to
use annual leave , perso nal leav e or coepensatory tt-. to rei~rse the City
for the t i ~ taken off during work i ng hours to pursue a degree .
MTICLE 15. LIFE IIISI.MCE
Te life insuran ce w 11 be provided by the Ci ty for .-ploy s covered
by t is Resolut on of S3S ,OOO for eac loyee . A con vers i on priv i lege
upan rett nt of S co rage ptyable by the .-ploy will be -.de ava il-able by City for sa d r tired lo e .
AllTICL£ 11. DOfTAL IIUUIIMC£
t s 11 pay SS .OO per ~th t ard
nd l l .OO per .,.th for s nglt
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ARTICLE 17. HEALTH INSURANCE -~PLOYEES/R .ES
A. Beginning January 1, 1988, the Cit~· 1ll pay at least $186 .00 per
month toward the pre.ium cost for dependent ·~verage and $57 .28 per .onth
for single coverage for the City 's self -fun ~~d health insurance plan.
B. Beginning January 1, 1988, e.ployees will pay $9.00 per .onth to-
ward the pre.iu. cost for dependent coverage for the City's self-funded
health insurance plan . r.ployees having single coverage will pay $4.50 per
month of the the total single pre~lu• cost.
C. Any dispute concerning the interpretation or application of bene-
fits provided under the health insurance plan shall be subject to the dis -
pute resolution procedure only.
0 . Retirees pr ior to January 1, 1980, will be provided health in-
surance coverage by the City on a non-participating basis. The coverage
will coordinate with Medicaid and Medicare wherever applicable. Retirees
after January 1, 1980, will be guaranteed conversion privileges to the
health insurance pl an available through the City. The City will pay 50S of
the cost of coverage of she /he conversion plan up to 1 .. xi.u. of $75 .00
per .onth.
AITICLE 18. HEALTH ElNUMTIOII
[.ployees covered by this Resolution shall be eligible on a voluntary
basis for a City paid health ex•ination conducted by the City's pt\ysician .
The schedule for ex inations shall be detenained by the individual ...
ployee's age as follows :
Before age 40
Bet en ages 40 -50
After ag 50
AITICLE lt. LAYOfF
-once every 3 years
-every 2 years
-once every year
A. ford scr1ptio of layof pol cy see Section 3-1F -1-8
and S ction 3 -ll-1·8 o n c pal Cod .
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unpaid leave, employees shall not continue to accrue service credit or be
elig i ble for any City benefits.
Application for Leave
A request for a leave of absence without pay shall be su~itted in
writing by the e.ployee to the depart.ent head. The request shall indicate
the reason the leave of absence is being requested and the approxhute
length of leave ti .. requested.
Consideration of Leave Request
The depart .. nt head .ay either grant or deny leave requests, taking
into consideration the depart.ent's work force, work load and the ...
ployee 's request .
Failure to Return
If an e.ployee fails to return by the date of leave expiration, the
e.ployee shall be considered to have voluntarily resigned fro. the service
of the City.
AITICL£ Zl. ~lilT I£SOWTJCII PIOCEDUI£
In the event there is any dispute or ca.plaint concerning the inter -
pretation or application of these or any other benefits either written ,
i~lied or practiced, said ca.plaint will be su~itted for resolution
through the ca.plaint resolution procedure as provided for and ~inistered
by the City Manager and his/her designated representative.
AITICL£ lZ. ,_.TICII
A'ly penunent e.ployee i n the chssif ed service upon be i ng pro.ted to
a po si t ion in the Career Service Syst .. shall have probationary status
in t position to ich s he /he was pro.ottd, but shall reta i n pe~t
s tatu s in his/her prev ous cl assi f icat ion and .ay transfer bac or be re ·
turned t o that prev ious pos 1 lion at any t dur ng t probat i onary period
at t discret on o appo ng authority .
E~loy s r ir as pro id
• nts rativ procedures wi less tha o
City all su J o a probationary
t pproval o otn ing aut or ty
rlod .
T : for 1 al t ori y s l ·IE ·l of t Ctty C
AITJCU U.
Cit 's ,3-·1·13 0
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ARTICLE 24. LON& TERM DISABILITY INSURANCE
long ter. disability insurance is provided for ~loyees covered by
this Resolution. For description of eligibility and coverage. see the
City 's long ten. disability plan ava i lable in the ~loyee Relations
Oepart11ent.
ARTICLE 25. 1WiE PltOVISICIII
~loyees covered by this Resolution will receive a wage increase ad-
just.ent of 21 effective January 1, 1988 .
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Section Z.
This resolution supersedes 111 other resolutions on this subject.
ADOPTED AND APPROVED this 17th d1y of Nove.ber, 1987.
Eugene l . Otis, Mlyor
City Clerk
I, P1trici1 H. Crow, City Clerk of the City of Engle.ood Colorado,
hereby certify that the above and foregoing is 1 true, accurate and c•-
plete copy of Resolution No . __ , Series of 1987 .
Patricia H. Crow
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RESOLUTION NO.
SERIES OF 1987
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A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
CITY ATTORNEY, ASSISTANT CITY ATTORNEYS, PARALEGAL, MUNICIPAL
COURT JUDGE AND ASSOCIATES JUDGES FOR THE CALENDAR YEAR 1988.
WHEREAS, the City Council, by Charter, has the responsi-
bility to adopt a Resolution determining the salaries of Council
Appointees and the Municipal Judge;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
The following annual salaries for appointees of City
Co uncil, for the Municipal Court Judge, and daily salary for
As sociate Judges are hereby established for the calendar year 1988, to wit:
City Manager
Ci ty Attorney
P.tun i cipal Court Judge
Associate Judge
Assistant City Attorney
Assistant City Attorney Prosecutor
Paralegal
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per day
ADOPTED AND APPROVED thi s 17th day of Noveaber, 1987.
A at:
P ucla H. Cro
o. -·
fug n L. Otis, kiyor
y Clerk
, City Cl r for h
h bov it a tru
c y
copy
Patricia A. Cr
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Verbati• Excerpt fro. Nove.ber 17, 1987 Council Meeting re 14(b)(i) -Kerzic
~S,trzic: I'• Janet Kerzic, 4790 South lipan. We 're here again tonight.
_}Was appointed to the Career Service Board by City Council. I regret I have
not cu..unicated .are with you. I plan to change that in the re.aining two
years of 111 appointMnt. I tltl11k .rou IIHd to know •re about us Md about the
dectst•s • -.. We represent the citizens of Englewood as you do, but in a
different capacity. I feel the ~Mndllent 1s clMrly telllftl •s to nlbber-
st.., ~tst .. s. I don't think this is what we are about. Is this what our
citizens want? We can find out. Do you rubber-sta.p? I think not. The Ca -
reer Service Board puts in a lot of tiM and energy to hear the city ad -
•inistration and e.ployees. We .ake the best decision a lay board can. And
991 of the tiM, that's in favor of the City . lit IN a ..-... board to both
st.... If that sounding board doesn 't exist, who will they sound off to? And
what are the consequences? Thank you for your ti-., and I .... dlctsto.s that
we have lllde and I wt11 1 ... Q~tles _, I would really appreciate it if you
.. 11t ...., -ef dlctst .. s _, ._ ...., w ~ to ._ of these co.c:1ut ....
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Turner: Joe Ellen Turner, 4630 South Cherokee. I lpologize for re&ding my
speech &g&tn, but I h&ve st&ge fright in c&se you h&ven 't noticed. According
to Ch&rter, the Career Service loard is 1 group of five citizens directed by
Charter te taM sa Kti•s it .._ necessary to effectuate the poltcies of
the Ctty O.rt..-as n ~ld ud ordi~W~Ce adopted ...,._to. And th&t is why we
1re here again this evening, to defend o.r Charter rights to -.dify a dtsci-
pltury ....... It's obvious th&t the City &dllintstr&tton does not &gree or
it would not propose 1n ordinance contrary to Charter. I believe one souce of
confusion cc.es frc111 the understanding of the word "cause. • The Board sup -
ported by 1 nlllllber of leg&l rul tngs believes that the word "c&use• requires
sufficiency. let the punis~nt ftt the crt... Just cause, cause, reason&ble
cause, proper cause -all of these are s~us. They all require that the punis~t fit the crt... Furthen~are, I ~lieve that the City adlltnistr&tton
views these words to be synona.ous also. The present contracts with the three
e.ployee groups each have 1 phrase under City rights -they are &l-ast ident i-
cal. The Police contract states that the Ctty has the right to suspend, dis-
cipline, discharge, and de.ote for cause . The Fire contract states the City
has the right to hire, pro.ote, transfer, or discipline or discharge for
cause. The ftOft-... rgency contract states the City has the right to suspend ,
discipline, discharge, and delote for just cause . If one were to accept the
notion that cause and just cause were not s~s . then t t follows that the
police and ftre could be terw t nated for the slightest i nfract i on -uuse .
While the ftOft --rgency -.loyees could be terwtnated only i f the pun h ~nt
ftt the crt .. -just cause . The Ci ty doesn 't treat t t s -.loyees wt th such an
uneven, tn such an UMMn fash i on . At the preset u .. the Board ts be i ng sued
by the Ctty over 1 dhctplinuy act i on tat• i n 1914 . The decision of Dis -
trict Judge Stuart h e...-cted soon . The judge 's decis i on should be deftn t a -
ttve as tM loard 's rights to -.dtf1 a dhc f pftnary . I -14 alit,.. te It
•ttl tt.e ...... ta t• W.... ,_ ,. .. • W4tu.c. ._H to._ ce.-
U., te U. . Thank ""'·
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Pokraka: Cathy Pokriki, 4210 South Huron. The Career Service Syste11 is a
syste11 that provides for a balance of power, rather than one person control-
ling the jobs ind job security of ill persons, ill employees of the City. The
Ci ty Manager and iO.inistritive eMployees ire also subject to human error, the
s ame as the eMployees themselves. No one is perfect and no one is right all
the time. Anyone who believes they Cinnot ~ake a mistake or cannot be wrong
in their judge~~ent of i situition is only fooling themselves. And it is pre-
cisely because we ire hu.in beings ind we ire dealing with other human beings
that it is i-,ortant that the Career Service syst .. .ust provide a procedure allowi~~g the a~ployees an avenue for appeal wn the fHl that an error has
been lllde -vainst their better interests. The Chirter provides just such a syste~~. To take -.y -.clification rights of the Career Service Board deprives
e.ploJees of their right to due process. On October 19 of this yeir the Ci-
reer Service Boird -..bers spoke before you ind identified three Cises since
1980 in which the Boird did IIOdify discipliniry iction of the City Miniger.
Since then we hive done i considenble iiiOunt of research into the period
prior to 1•. We would 1 ike to share wtth all of you s-. of our findings.
It is interesting to note fra. our rese1rch th1t the C1reer Service Bo1rd his
llwiys h1d the right to IIOdify 1 disciplin1ry 1ppe11 brought before th for a
decision IS long IS there h1s been 1 c1reer service syste~~. It has just been
since the en1ct•nt of this 110st recent ch1rter 111endllent that any serious
question by city 1G.inistr1tion h1s been given to the 1uthor ity of th Board
reg1rding this issue. It Is 1lso Interesting th1t during the ti so 111ny
discussions were being held on the proposed ch1rter ch1ng with th Board and
Council, City IG.Inistratlon, t associations and 1ny Interested c tizens
during the 1979 and early 1981 ti .. fra.., that not once wa s It ever brought
up th1t the Board should not hiVe the right to IIOdify a disciplinary IPPtll
brought before the. or w1 s it ever proposed th1t this right should be ch1nged.
It certllnly w1 s not the intent of the citizens or the 1ssochtlons or the
Bo1rd to do aw1y with this right 1nd upset the checks and b1lances of th sys -
te.. As an e.ploy I wu told by sever1l IG.inhtration offfchls, n I
rked for th City, ones who re intiutely In olved In this process thlt
th re was no Intent to li•it In any way t Board 's then current authority in
1ny are~. But only to chrtfy rdtng and ell•lnltt rubber ·st lng of ad -
•lnlstrattve procedures lch t Board norully saw 1fter t y h1d 1lr dy
be n IIIPl nted an ay . In 19SI, t cit z.ns of £ng1 od n1cted t C •
r r Service Syst lch prov ded for 1 Clnter Servtce Board c
re pons blt ford c pltnary 11 ons for and 1 QUot "111 contested t
tons and d sc pl nary act ons .• ~also 1ln QUO ng fro. t I ss
n •r t on o t lo1rd all bt f nal. • In t r 7, UM~I\CII•nt of t c art on t c ys t , t 1rd ' r t
r d t ct pl n ry nd rtty
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found it 1 reasonable decision to .adify the disciplinary action ordered by
the City Manager. Again, the Board's right to .adify was not questioned. You
•ay have noticed that 1983 falls after the enact.ent of new charter a~ndment
of 1981. Which in ~ •ind sets precedence. In 1985 1 decision by 1 hearing
officer, 1 well-respected attorney selected not by the Board, but by an agree -~nt between City l~inistration and the appealant, .adified the disciplinary
action of the City Manager. In accordinace with ordinance procedures, three
llellbers of the Career Service Board -Jo Ellen Turner, Jan Kerzic and To.
Fitzpatrick, upheld that hearing officer's decision. For the first tt• in
the history of the Career Service syst•, the City decided to question the
Board's right to .adify 1 disciplinary 1cti011 after an appeal decision was
rendered. This action is currently in District CCHirt, as you well know,
awaiting a decision. Thousands of dollars have already been spent because the
City filed suit against the board and the appeahnt 011 this •tter. Under
these circu.stances, the prudent reacti011 .auld be to ewatt for the court sys-
t .. to •ke its final decision on this •tter before passing ordinances which
•Y only be in conntct with the CCHirt's inte'l~~:tt011 of the Charter and
create -.re c011fusion. I _...,.. te allw tile te-. a •ter.t .. tt•
-U.ta. = ............ wttla 1Hitt1ct '-'t'l ........... u.
stt11 ... t .. ••t1•1• te U... te t'7 te ,....1 .. U.ts te U.tr satllfiC-tt•. Tllank you for your tt•.
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Fleenor: Myna~ is Harry Fleenor, I live at 3383 South Corona in Englewood.
It's about the 30th year that I've lived here. I'm a member also of the Ca -
reer Service Bond, and as is proper, we're going to have a hearing and I
would 1 ike to invite all of you to the hearing on Dectlllber I, apparently in
these very challbers. That's Tuesday, o.c-.r I at 6:30 in the evening.
There is a public hearing on that. Now I would 1 ike to at this time ask a
question of the Council as to why this is before the Council at this time.
Higday: I can answer that. I had to leave the City Council ~eting, the last
City Council ~eting where this here agenda it .. was considered early and was,
didn't get to vote on it, and I felt very strongly about it, and since it was
1 three to three tie, the night I was gone, I asked that it be reintroduced .
Fleenor: That's why it 's here tonight?
Higday: That's why it's here tonight .
Fleenor: Is there any reason that 1t should have been brought up at that
tiM? I Man I don't see that there's, un 1 ess we four llllllbers of the Board
are 1 threat to society, I don 't know why ft was brought up.
Kozacek: let .. address that. The way I understand ft to be, it was brought
up through so.. discussion at the budget retreat. There was a period of tt ..
at the retreat which I was not able to be there. But tt was brought up and
so.. discussion, and asked to be put on the agenda. And by being on the agen -
da, it was so.ethtnt that this Council, th is board, had to go ahead and look
into and Hdress. I think ... 've all spent a great deal of tt .. tn looking into ft.
Fleenor: Into this ... ndint our right to -.nd?
Kozacek: Right .
FlMnor: And of course all of you are aware of the fact u has been pointed
out by two previous speakers that this Is In the Court at this tf .. ?
Kozac k: That
Hfgday : '-ry,
h a potnt that was brought up to • earlfer thfs ev nfnt .
ldh wft that . I doft ' t 19 wtth any of that .
OZIC Ally of at?
I don 't
t r or no
fl n r :
It' u r .••.•
H y : You don 't Court d tha •
Fl r : 11, t s t s t e I
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Higday: No, I did not say that. The issue as it relates to any decision you
make now or in the future has nothing to do with what's in the court right
now, as far as I can see. That's my interpretation.
Fleenor: Oh , well. I was of the opinion that the Court, the point was
brought specifically by the City that we do not have the right to amend.
Higday: I can tell you more about that when it comes out of court.
Fleenor: Well, that's my point. That's why I was wondering why at this time,
specifically why it was brought before Council when that issue is ....
Higday: My personal point of view is that it is brought before City Council
at this ti~ because it has taken eight long years to get it on the floor of
City Council. In •Y opinion. I have wanted it on the floor of City Council
for -I have wanted it on the floor of City Council ever since the ridiculous Blanchard decision.
Fleenor : Okay. Well, I just was wondering about that because we have been
very puzzled as to why the e.phasis at this particular ti~. So I would like
to read a stat .. nt here that I have as to the Career Service Board . We
believe, I believe that the Career Service Board 's Charter right to IIOdify
discipline is an i•rtant protection for City e~~ployees . The Career Service
Board serves, you serve in your capacity, we serve as a protection for 111-ployees fro. heavy -handed .....
Higday: What did you just say, you serve as a what? You serve as protection for -.ployees, is that what you said?
Fl .. nor : That 's right . For their rights . Fro. heavy -handed City a~inista
tors. The City has a history of violating the Constitutional rights of the City's -.ploy .. s. Now, I have .....
Higday: Be specific .
Fleenor:
standing I have a specific thing here where in 1984 -that wa s In the out -
paper here by the n of Englewood Sentinel ere judg •.••.
Hlgday: Do you .. an that s acrast ically or lit rally?
Fleenor :
H gda
11, sine it 's t
d st t
hi .
spaper n our a a .•••
H t at you
nl •
ryth ng )ou read tn 1
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minds, was atte~~pting to quiet eiiiPloyee dissent, and in Carrigan's words,
' .... The City administration impermissibly attempted to chill its employees '
right to free speech.' The judge listed a number of specific examples : The
1980 chastise~~ent of Steven r. Knoll, president of the Englewood Police Bene-
fit Association, the day after Knoll gave fellow police officers a memorandum
detailing his opposition to proposed City Charter amendments . The reprimands
handed three pol ice officers who gave newspaper interviews critical of the
city ad111inhtration. The 1975 talk Pol ice Chief Robert Holmes had with
McCown, during which Hol.es told McCown he wanted to promote leydon" and that
is the case in Court • to sergeant and during which McCown was supposed to
have said" so.ething about McCown "And the 1986 purchase of an advertisement
by pol ice union activits advocating opposition to City Charter amendments,
after which McCown told representat ives of the association he would fire the
employees responsible for the advertise.ents.• It goes on to say that McCown
explained away these incidents, and he had three choices: to deny, to add, or
atte111pt to confuse. And this is in this article, I will give this to you.
"He said he was surprised and Miffed by the judge 's state~~ents and the Senti -
nel 's reporting of thet1. But he didn 't refute the judge 's opinion. • I will present these to you at this ti.e.
Kozacek: Can • have those entered Oft the records, please?
Clerk: Yes, and do you wish copies of theM?
Kozacek: Yes, please .
Fleenor : Now, I have stated that I c down fro. the heavy handed City ad -
•tnistration and this is one of the things . The City has a history of violat -
ing the constitutional rights of city e.ployees as stated there .
Higday : That's pretty heavy talk, Harry .
Fleenor: Well, right there Is the proof of tt.
Higday : Who wrote that article?
Cl r : It 's not signed .
Hlgday : It was
Cl r : T rt Is o art cl h r by
Ht
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Fleenor: Yes, sir, I am the Chairman.
Kozacek: And you are speaking in reference to the whole board, that the whole
board feels that our ad11inistrator and department heads are extremely over handed?
Fleenor: I'• speaking for me -you'll have to ask the rest of the board.
Kozacek: I needed that for a point of clarification.
Fleenor: Right.
Kozacek: Then ....
Fleenor: I say that this ad•inistration has done this in the past, yes, and I
ask you again why does the adllinistration want this right now?
Kozacek: I cannot answer that, but I direct a point to you -I 've only been
here, two years aboard this Council. And what I'• hearing fro. you is that -
I have a question right now whether you would be a neutral force in hearing a
grievance fro. one of the others -fro. an officer, fro. an eaployee, because
you have "already .ade a decision" and everything that 's co.ing down fro. th is
board is very heavy handed . I a. totally in favor of the civil serv i ce board
because there are people out there that need to be 1 istened to , they need a
sounding board, they need sa.ebody they can take a gr i evance to and be pro -
tected on that aspect , but I have reservations right at this point , after l is -
ten i ng to you personally , of whether or not you can be a neutral force . I '•
not supporting e i ther way, I, In fact I will be opposing this bi ll , because I
don 't think it needs ~nt, but I do have a reservation for your decis i on ,
It sounds to .. , ts alreldy .aGe prior to listening to 1 case . There it I s ,
•Y opinion . I would hope that you would take that thought and listen about It
the next t 1 .. you are s itt t ng 1 n front of 1 heart ng board , lis ten 1 ng on a cas e
and at least ~In neutral about tt . Thank you .
Ht gday : And here to answer OM •re que s tion . Th is Ci ty adll t ntstratton and
at least this Council did not just want this today . This , we have wanted th is for a 1~ tt ...
Fl nor : Well , ~y ?
Ht gday : Becau se of t OM si ded decisi on s t bo ard ulr.es . I '11 explain
t hat t o the -.ploy s th at are here, l ater .
fl nor :
you
n(lr : 11, ou 1
ny d ist s .....
I '• re ally not tal 1 bout y p r 1cul rly aus
• but obviously by your testt•ny you
t tltd t o
o try t ht
or it.
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Fleenor : Well, there's no reason you can't go for it . This doesn 't substan-tiate what ....
Higday : Don't invite .e to anything . I've •ade i state.ent, and so have you.
Fleenor: I'• not advise you to anything. I only want to state this
Higday: Harry, what you have just done, as far as I'• concerned, is call the
City Manager dishonest, and that is the furtherest thing in the world from the truth.
Fleenor: Well, that's according to you. I did not say he was dishonest ....
Higday: I agree, and you are here before this Council and that is according to .e.
Fleenor: What?
Higday: That is according to ... It is ~ opinion .
Fleenor: Okay, you have a right to your optnton .
Higday: Thank you, I appreciate that.
McCown: Harry, we 've known each other for a long tt .. , and I think you know
that regardless of any personnel, or personal difference that we •ay have had,
we've tried very hard to k .. p thts case based on the issues, and not let per -
sonalities ttt involved with lt. And I'• a little disappointed that you would
uke the kind of sht-nt you INde tonight against .. personally. And I
would just have one question for you. You've referred to certain newspaper
articles, have you ever, ever discussed your concern about those newspaper
articles with .. ? Have you ever asked ~ opinion or ~ side of the story?
Fl .. nor : No 1 haven 't asked ....
McCown: You never have? Okay.
Fleenor: That's true . But If you would like to stt down at this point ....
Hi9day: You hav ftO IM.tst~ttss bti"9 chafr'llin of that c-fssfon, •tster.
Fl .. nor : Sir?
H 9day : You h
nor :
H 9diY : I
your Jr .
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II ing C lfr'llin Of t I •
t w
" ry strongly. You lit to
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opinion towards th... I don't agree with Mr . Higday totally, 1nd I w1nt you
to know that and I appreciate your brtng these forward. Think you.
Fleenor: Thank you very IIUCh. And I want to potnt out one thtng. I do not
feel that the City a~tnistratton ts 1lways heavy handed, but there 1re tt~es
that has occurred.
Htgday: Th1t's not whit you satd.
Fleenor: Thank you very IIUCh .
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Excerpt of 11/17/87 meeting re Item 14(b)(i)
Kasson: Gary Kasson, 4434 South Pearl Street, Englewood CO., also the present
president of the Englewood Police Benefit Assocition. Good evening, Members
of Council, Mr. Mayor, Mr. City Manager, members of the press and the new
Council members I see in the audience. I'm glad to have all of you here, and
I thank you for the time again to come and further out discussions regarding
the proposed ordinace. Since the last time that I addressed you, obviously
some things have been changed. I think the fact that Council has requested
through Councilman Higday to bring the ordinance backs up, I think reflects
the concern that you guys have as far as perhaps some changes that need to be
made to Career Service. Also since that time, the Police Officers have had a
chance to have some meetings on this issue, and you see approximately 25 of
them here in the audience tonight. They're here because they also have some
serious concerns on the issue. I think that in order to perhaps move along
with what I have to say, if there are questions I 'll be glad to answer.
However I would like to wait perhaps until I'm finished, rather than say a few
things, have a question, and then continue. So some of the things that I've
prepared to say are, perhaps have already been said. Maybe a way to communi-
cate, which is what I'd think I 'd like to do tonight rather than make a speech
is to tell you what's been going on perhaps thinking of the police officers
and the association since the October 19th meeting. I'm sure you can surmise
that since, on the October 19th .eeting when the amendment was vetoed, we were
jubilent. We were thankful, we thought that was a proper decision, and we
appreciated the fact that Council wu willing to look at both sides of the
issue, and to defeat the .easure. When 1 heard on approxi•ately November 3 or
4th it had been brought back up, not only was I disappointed I felt confused
at what was going on here. You know, we're looking at a worse case scenerio,
but I thought what is the tactic? Frankly, I didn't come up with anything
that was very flattering toward Council. I received, •Y first ca.unication
on this was perhaps fro. sa.e phone calls and then I went to see my Council•an
about this . Since Mr . Hlgday is •Y Councll.an, I went to his residence before
going on duty one evening and we spent a couple of hours sharing some ideas
and concerns that we both have on this Issue. And I think that he and I both
ca• away perhaps with sa.e, .aybe a li tt 1 e broader perspective on what 's
going on here . I learned perhaps a little bit 110re about what you all are
worried about, and I think he picked up sa.e Ideas on what our concerns are .
Fro. that, I went back to the pollee station that night and I wrote a .e~~Gran
du• and since I '• a little wordy , It took a few pages explaining to the of-
fleers that this had been brought back up again, and that it is going to have
a serious l~act on their standing as far as their ~loy.ent with the City's
concerned , their right to have their grievances heard, perhaps adjusted as
need be . There has been nu.berou s discussions ..angst the officers since then
and apparently the word has gotten around because the personnel director
talked to .. a couple of days ago . It was an off-the -cuff discussion , neither
of us planned it, but he was expressing to • where sa.e of the concerns were
of Counctl also . And I thtnk fro. all this, I thtnk tt 's showing both sides -
both the officers that again tllphasis how concerned you are and also I thtnk
it shows how concerned .. art . That •'re wtlltng to taketh tt• when it 's
necessary . The particular conversation that I had with Mr . BeVtrt was not
planned, It was after I had worked all night and It was 11 :00 in the 110rntng
and talked two hours . Well, and I '• not Issuing any challenges, but think
tn your ~ •lnd what It's 1 ke to have a discussion at 11 :00 in the 110rntng
on the nfght after you 've worked and get up In the •tddle of the night and
tal to so.eone for a couple of hour s about sa.eth t ng that 's as t ~rtant as
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this, and then try to go back to bed, so you're in shape to go to work the
next morning. That's the kind of perdiciment I was in, and I consider it to
be a sacrafice, but it's one I make as long as the objective of getting the
problems ca.municated can be accomplished. At 5:00 tonight the -I would make
this connent for clarification regarding that discussion with Mr. BeVirt. I
heard tonight when I walked in that I had agreed with Mr. BeVirt to sit down
and work out a COftiPromise solution proposal. The membership has not au -
thorized me to do that. I did not tell him I would sit down and work out a
solution -what I told hiM was that I would agree to talk to him if he wanted
to talk about it at a different ti.e when! was fresh and so forth, but he has
communicated to any of you that I'• willing to work out a solution, or that I
told him at that ti.e that I was willing to work out a solution, that's not
correct. The .elllbership has authorized .e to work out any compromises at this
point. I don 't want any •isunderstandings on that. Tonight at 5:00 we had an
association .eeting, we had again MOst of the lllelllbers that you see here, and
you've seen guys cOMe and go because so.e of th .. are on duty. Most of th ..
are not, they 're in uniforM because I asked th .. to be in uniforM . I wanted
to 111ake the point to you all of who in the audience was 1 policeman cause I
think that so.eti•s when we see people in the audience, we don't know who
they are and in fact at this ti.e, I'd like to ask the officers to stand and
you can just see how .any police..n are here. Thank you gentle.en. Most
of the people in the audience tonight are e.ployees of the City. They are the
people who are directly affected by this. I can see as I was listening to the
discussion with Career Service that perhaps, you •ight take issue with th .. in
a theoritical way perhaps in how they operate and so forth, but when you see
these .en and WOMen here, the .en and WOMen that enforce your ordinances, the
ordinances that the people want enforced, and they protect the people out here
7 days 1 week 365 days a year, I think to us this is very real, and that 's
what we're trying to get ho.e to you. This is not so.ething that we want to
.ake a political issue. We don't want to take a .an~g ... nt personnel probl ..
and .ake it a politcal council decision, or in a political for~~~UM especially
where I think it is easy to get very ..otional and so.et1 .. s say things, .ake
decisions, so forth, that when you look at it later you •ight decide it's not
so good. Well, at our .eeting tonight we tossed around and the way the guys
felt about this. And what their objections are, what probl .. s they see, and
what 1 t' s 1i ke and what they fear as the possible outco.es. SOMe of th ..
you've already heard, 1 f of u, .. I'• going to run over here now, so.e of
th .. perhaps MOre briefly than others. The issue of why this ordinance has to
be addressed now. I heard an explanation of that . That's one of about three
or four explanations I 've heard as to why this ordinance Is presently in front
of Council . I've heard everything froa the fact that It's in front of Council
because the Polic Chief h es it personal that the leydon d cislon hasn't
n reached tot fact thtt I was Council's ldet, thtt Council initiated it
t lh b\149 t re rea . And t n toni ht I h trd a differ nt opinion . So 1
r tlly don ' his c roM . I htv v ral offlc rs h v r that
uld l to , po n n 1 . Th y thin th t as often n
go to d nt l y 1 pr l on t street, atev r •1ght be , on of th first
things hav to t nat o 1 t co.plaintant -o Is the indlv dual
W th th probl nd l n t fr011 that person th nature of th probl .
Tha 's t our crlt r a Is. And tha 's y lh qu stton still perststs .
y I th I I u up ? ha t prob 1 1 1 Is t prob 1 ? May
th r s a w y to olut on f had n opportunity to figure
ou , v rybod ad r unfty o f gu out It ' going on In s th ing
ot r th n l t r cone rn nd a po nt tha lh offlc rs h d
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that I think I aade on the 19th, and that was si~ly that Career Serv i ce sys -
tem, the Career Service Board allows for checks and balances regarding deci -
sions that affect •loyees. And especially with this ordinance regarding
disciplinary utters. We know that practically every forw of govern.ent and
on the 19th I used the exa~~ples of everything fro. your own personal h011e
situation to the President of the United States, the Supere.e Court in Con-
gress. Everybody has checks and balances. And I think if you take away the
authority of one part of those checks and balances, it throws everything out
of kilter. Like that tragic plane crash out at Stapleton when that wing
touched down, it flipped the airplane over and skidded a quarter of •ile down
the runway and killed 27 people. Now the airplane got out of balance, icing
on the wings or whatever the investigation turns out to be. If this ordinance
passes through career service and their very i.,ortant authority to .adify is
taken away fro. t"-, the wings of City gove~t are going to touch down,
they are going to be out of b«lance. Another point that several of the of-
ficers •re concerned about and asked • to be sure and suvgest and talk about
is the fact that the City is in a tt• of financial austerity , and this or -
dinance is not going to do anything to further b«lancing that budget . It's
going to force the officers to go to court to get a for. for disciplinary
actions that they think are unfair in one "11 or another . The association at
this point is willing to, as a general policy, stand the cost of those court
hearings, and • know that they are very expeftsive . You all know that in the
cases that the City has been to in the last few ~tars, I've heard, I haven't
seen the figures, but I've heard the bill Ofl the City's part so far is sc.e -
thing in excess of 1 •tllion dollars, and at one point I heard half way
through the le,clon thing alone it was a 1100,000 , se, lllybe that •tllion fig -
ures in the fact that if le,clon cc.es back to the police depart.ftt, hh b«ck
waves and all his beftefits, lllybe that's part of it too. Whatever, this •il -
l ion dollar ftture showing these things are e.,...stve . I don't think by pass -
ing this ordiNRCe they 're toing to get less .....-stve . We think too that the
citizens of thts c-tty s"-d their opintOfl Ofl the ltth and COUftCtl re -
sponded to t .. at .._ they voted Ofl the ordinMCe . I don 't think in three
WHks the JZ,OOO people • live in Engl..., -I realize they •ren 't all
here on OctoMr lith for the Council .. tint -..._t I don't think they've prob -
ably changed their opini• Ofl thts hsue in 1 .. th , ud I doft 't think your
constttutents have chMged their opiniOfl Ofl thts tssue either in a .. th . The
last ti• that • had to , • I •• the 11fl01M associatiOfls , ours and fire
and non --l"f"Cy, had to to Ofl an tssue taat C..C tl had put • the b«llot ,
• •re successful in defeating Council 's pro,os al///////////1////////// tape
1 -1510
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Grunninger: My na.e is Rt~l lrlaftt_,.r, I live at 4641 South White lane,
littleton. I '• prestdellt of tlte Eft!llwood Ftreftgllter's Assoctatton. I'• not
1 scheduled speaker because I was not sure I was going to be able to be here
tonight. I do wish to address to Council on the proposed ordinance, tlte Ftre-
ftgltters an ,,,._. to tltts ordtMKe, they are not here because they felt
there wu nothtng they could do at this ti•. They will be at the public
hearing. I sat back there, and I listened to a lot of this stuff, and I lis-
tened to a lot of it -I take offense to a lot of what Council .. n Higday has
to say. I also have been known in the past few years to be IOOS with the or -
dinance and the City Charter, I have worked a lot on it, and I have discussed
this .atter with the a~inistration through the Assistant City Manager. I was
also called to the r.ployee Relations office today and asked if we would con-
sider a co.p~ise ordinance. I assured that .. n that I would, that the as -
sociation would be willing to .ake a co.p~ise ordinance. I did not under -
stand why that ordinance couldn't have been addressed tonight.
Bilo: Who was that?
Grunninger: Mel BeYtrt. Oltay, he assured • that the other Z associations
had agreed, that they would sit dCMI and they would discuss tt and they were
all heart~l¥~ for it. I've since found out that is not the true cue. Okay.
Tile ftNfttMen wtll Itt ... _. wt11 .... ttdo U.ts. As far as the John
Blanchard cue, the firefighters were very opposed to that case. We supported
you on Blanchard 1001. Not for his actions but for the actions of the ad -
•tnhtrat ton, and that's what needs to be IIICie public. That was the fight
that c ... up, tt was the actions taktft by the a~inistratton after the fact.
That's why John Blanchard's case went to where tt was. Nobody condones John
Blanchard's acts, aftd I hope that's clear to thts Council and the new people
on thts Council -Jolwl Blanchard aftd the other cases -I keep getting larry
leydon's th,_ tn .._, face -on thts ordinance, I'• sorry. OM or two cases
that thts Ctty loses ts not reason for thts ordinance. lot at all, not whtft
the ll&jor t t1 of cases are WOft t n the C tty' s behalf. I _.t ter-
w • The State has bastcall,y the s ... s,yst•, tlte Ctt,y of Dlttver has
the s-syst•. an .,.... ... te .... , • tn
whatever cases. TM ll&jortty of cases are tn favor of the ldlltnhtrattoa.
Md I do wish to say that we will sit clcMI, wt11 .. wt a ,
aftd I have talked to this ldlltntstratton about that . If there are any ques -
tions, I '11 be happy to answr t"-.
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excerpt fr~ 11/17/87 .eettng -regarding CSB -7(d)
Junne.ann -.. tl ~. 1860 West Dixie, Denver, an ..,loyee with the Bt-
Ctty W&ste.ter Treat.nt Plant, and the present President of the Englewood
~loyees AssociattOR. I wish to speak briefly because I had 1 difficulty at
least tn understanding the tt.eliness, knowing that on October 19th this issue
ca.e forward and Mr . Higday left, being one of its proponents of the ordinance
and was unable to vote. Is the s ... opportunity opttoned to the ..-btr who ts
•tsstng tORigllt?
Higday: Yes, tf the vote ts a 3-3 vote. If the vote is a 4-2 vote the answer
ts no. Now, that doesn't -.an than any ite. can't be considered by any legis -
lative body again . Anything can be brought up again. People have been talk-
ing all night about this ite. being defeated by the Englewood City Council,
and it was not defeated by the City Council . It was defeated by rules of City
Council which says tf an ite. is tied 6-6 vote, Z-Z vote, well it can't be Z-2
cause you can't have less than 5 council people . If an it .. is tied and one
council person is absent, that it .. is defeated, but it can be brought back on
the floor again. That's just if you've got -well, I had -.dical reasons that
night. I want the opportunity to speak and vote on it. Had it been a 4-2
vote that night or 1 I would have let it go, but that 's not the way it was .
There is no question about it, that swing vote had to leave that night.
Juene.~nn : Alright. That was one of the .. in issues . The perception without
knowing the legalities on that get out of hand. There ts no sense even going
into that Issue.
Higday: ... was defeated. But tt wasn 't, it was by rule tt was defeated, not
by Council. By rule it was defeated because tt was a 3-3 vote .
Juene.ann: As far as the view point of the Englewood ~loyees Association 1s
concerned in thh particular thing, w would Oftly ha,e that cooler heads would
prevail in a sttuattOft ltu thh and would tau tt to defeat, prt .. rtly be -
caae • ,....,,. tM 111U. tM.., tt ts Mt Ml --.. I persOflally have
handled n.-rous grievances Oft a one -to -one bash with •tntstrattOft, and I
have found a great deal of fatrMn h•volved . De actul caMS tMt .. to
C.... Serwtw ..., fw, 1M • al..,. f.-d U•• to be fatr sltua -
ttOfts . would hate to lose that ability. WI have found tn sttuatiOfts In a
nor.al day -to -day .. " tjworker labor relatfOftshtp that If cooler heads
prevail tf a sttuattOft ts resolved not tn t heat of battle . Many tt s the
sHuat tCNI h resolved for both people satisfactorily . And t at ' a wtn-wtn
s tu t on . OUr particular or,antzattCNI dots not s t passing o thts or ·
din n a wtn -wtn sttu tton ro • l t n. J) tvt ng H t y
1t st s rt •• tt f t s 1o to ew tza · ttoa . I uld ju 1 p nd clo on tha •
Th
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Kerzic: ~ Kerztc, 4710 s..tt. u,... I was at le,..'s ... art... The J-.. told u s,ectftcan, tMt ... -.. to t1w. ~11 •111• ._ real t..._t
McHM tt -14 aft.c:t ~ c.....,. Servtce IMrd ht ~ ftmnoe. And that's
obviously why it's been in court so long. I thought I'd let you know that I'• al~st quoting what he said. So, thank you.
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S.ith: I'• Donald S.ith, 3165 South Shei"Nn Street. I wu on for two other
•atters, but I would like to say sa.ething about this. First of all, I think
you have been fnfonled that tf IOU Pill ~ ktld of 1 resolutton that intent
Md ,.,. .. ef wrdi• ts tn CGnfltct to tM Ctty a.trter, not only is it
f11 ... 1 11ft tt's lit• to ..r .. t• -111ct ef 1 cewt battle. You can not
-.nd in any fo~. tlllfs a.cn c-.t -.r tM Ctty Charter. That's a duty
of tM ,..,lo ef Efttl-...d. Secondly, if you pull the teeth, pulled the teeth
of the Career Service Board you •ight u well change that l!llble. up there to a
swastika, because you are disallowing the right of the e.ployee for appeal
without going through legal Process which they have right now, and it's wrong.
If you want to -.end this, this has been a proble. for 8 years, or whatever
has been a probl .. , or if you feel it's been 1 probl .. , then you better write,
or you should have sit down a long ti~e ago, wrote an a.endlent to the Charter
and put ft before the people of Englewood and tt would have been very, very
si11ple, because you have a right, ~r under the Charter, you have 1
right, you can sut.it one, the lllployees can sut.it one, people of Englewood
can sut.ft one. You can have th,... different .. ,...,.ts on that vote -1
Charter .. ndlltnt. You should have done that a long ti~e ago. If you're
trying to get •round, ff there's any reason llllly yOU're trying to get around
the intent and purpose of the Charter or the ca,...r Sorvfce Board and you're
trying to pull their teeth, it's wrong. And tt will end up if it's against
the Charter, it will end up in one whale of a battle, whfch I don't think will
be good for this City, nor good for the •rale of the Ollployees of the City. Thank you.
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Swanson: My n ... 1s 111 S...son. I live at 371 Brooafield. I'• the business
agent for tM Mll·-f'le"CJ ..,lOJHS association. The aain reuon I'• up
here is to notify City Council that our State Council is opposing your or-
dinance. Ill AJIIPOI't JOUr Career Service Board 1001 and also I do have direc-
tives ,,.. our t•terutt•al offtce of 1.5 •llH• lllllbers to support tU.
also, so • de e..we a aatt..,tcle effort • behalf of Career Service
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Bilo -197 on tape 2 re CB 67
Btlo: Your honor, I'd like to make a comment here. Just to clarify my posi -
tion in regards to this particular issue . The duties and the powers of the
Career Service Board as well as the other boards throughout the city were re -
viewed by Councilmembers throughout my tenure, which is a little over B years.
Much discussion has been held throughout those years at budget retreats, study
sessions in particular. As far as the Career Service Board is concerned, the
concern of Council was such that we asked for a legal opinion in 19Bl, we
received that opinion from Damas Slllith which are attorneys at law and we
received a letter, if the letter I have in front of me is correct, on December
3, 1981, with their opinion. At that particular ti11e, we didn't take much
action. We didn't do anything until 1983, I believe. At that time we tried
to clarify the Career Service Board's right to .adify a disciplinary action of
the City Manager . Since then we haven 't done auch as a Council. We let the
thing sort of slide I feel. Although we didn 't agree with them. Thh or -
dinance that we are trytftg to preseftt tonight, I f .. l, Is an atte.pt to clari-
fy the Intent of the Charter. We're not trylftg to chante the Charter . We eve11
say in the ordinance itself that it clear and concise, and then in the next
paragraph we ca.e up with -the first paragraph says that •whereas, the City
Council feels that the Charter provision concerning the powers and duties of
the Career Service Board under disc i pl inary appeals are clear and concise, and
Whereas• I feel It should be however "Whereas to clarify certain ordinance
provisions concerning the powers and duties of the Career Service Board under
disciplinary appeals, Council desires to ~~~end Title 3, etc.etc.• What we 're
trying to do Is to try to get a handle on this and to clarify It as far as -
not ..e.at people thiN but lllht t'-e Charter says. We're not trying to take
anything away fro. anyone , at least I don't r .. l that we are. I would not
support It If we were . I f•l we are Just tryl .. to ascertaht ..e.at the duties
1M ,....latt .. ef Uita ,..-ttaelar -.n~ ta. Md ... of tale ••• rea101ts that
I'• ..,...nl .. Uits Is t'-t I '-" e.M 1 ... 1 .,tnt• statt .. t'-t t'-e Career
Sentce INN does •t '-" te. Uiortty to ..cltfy 4thct~tl tnary actions of
te. City . As a utter of fact, I 've had that opinion froe an adell ·
tlonal atto~y . Until It's going to be resolved at s later date, passage
of this particular bill uy help the situation, or It uy now . I f .. l tt
will . I f .. l It won 't hurt our t~~ploytts, altho119h I hav a lot of opinions
going against that, IM.tt I have to go on the way I f 1 and the way I get a
letal opinion to c back. I sit here tryfftCJ to ...._,. sen all of our con -
stitu ncles throu,hout the city and I fttl that Is Including our rk rs, and
I want to be fair to th . 1 also want to be fair to our staff and ev ryon
that's on the oth r nd. Pa sag of this part cul r bt11 , It d tn f ct
n r t c•re.ts , I thtn uld r at th ftCJ . A C n il HI
nt on ov r th r ood tth n t on nd c ro.t
to lo of th • All o us don ' t at n 1 1
d n' c r I y or ftOt r don ' hurt n
111 swortt .. tftfs partlc11lar t. T
should bring 1 lot of th0119ht Into t n nd lot
ond re d "9 c c p w th lhtft9
th p r cut r pt o p r ra
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since 81. The aajority of this Council has been here that long, eight years,
some longer than that. All of a sudden it's thrown on •Y shoulders -it will
also be cast upon four new -..bers of the Board. Where was the ca..unication?
Through our aO.inistration and the civil service board. Why not open lines
of cOMUnication. We just stood here with all of our staff representatives
come forward and say yes, we will ca..unicate. Why has it taken this long?
I'• opposing it and I would hope that even if it did go down in defeat or if
it doesn't go down in defeat that these boards would still come together and
ca..unicate, but I'• afraid that it .. Y pass, so we'll be forced to go to com-
llllnication anyway. But I would ask that all you people that are out there
tonight would continue , no .. tter what the issue is s .. ll or large, to come
f.,..rd IIMI c-tute. Because the only way we, the Council, can 111ke fina
and sound decisions is if we understand where you're co.ing fro.. Because we
represent the people and etiPloyees, because they are a drastic part of this
syst... So I will be opposing it and thanks again for everybody appearing .
...... : ,.., ....,., It's •ltc NCOnl tlaat I woted 111tut tl•ts ordt•anct
...,...., llllt te llrt .. tt feNIN sa tNt • c=-Ill Clllllleb vtstbtltty out
ef tt, I • ,., .. te v.te fer tt, 10 tt wtll be • tiMt table.
Y• ...,._: Your honor, te ,._,. • ..,...., RU., te NMlve tilts tss•
bet 111 tiMt •t~ ,..-lltl, I wtll be .......-tt .. ,.. .... of this ordinance
tonight. However, I do want it also e.phasfs when I suggest all the parties, I
think it II crtttul fer tiMt C.... S..ta ...,. 1111 tiMt c:-cn at ._
point sit dCMI in tht near future to try tt Nlllve -tf UMttr -tss ....
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Donald L. R. Smith, non-scheduled visitor -11/17/87 item 7(f)
Smith: Donald l. R. S.ith, 3165 South Sher.an Street. I came here to speak
to two issues, one that is very,very iMPortant to the City of Englewood that's
been in the paper recently. As you .ay know, Representative Bob Bowen of Den-
ver carried a bill to the legislative ca.ittee of the Highway DepartMnt
regarding RTD. That bill has thr .. parts to it. One of theM is that they are
asking for the ability to increase sales tax without a vote of the people.
They clai• because they are elected officials, they have a right to do that.
But we a 11 know that's not true. As an exaMP 1 e when the City of Sheri dan
tried to tax Englewood they weren't a statutory city so they had no right to
tax us regardless of the fact they were elected. So there is no point there
except it is going to the legislature and I think that the City needs to op-
pose it. I feel the other two portions of it are federal funding and also
there is going to be a tax on businesses that profit fro. the rapid transit,
and you know who is going to deterMine that. That's going to be deter.ined by
the RTD board. That .. ans that the businesses of Englewood whOM they determine
will profit frOM the rapd i transit systetl are going to be taxed by the RTD
board in addition to raising the sales tax, and they want be able to raise the
sales tax without a vote. I would like to see this Council seriously prior to
Christus vacation, and I forget when the legislature adjourns, prior to
Christus vacation at least support a llsolution opposing a sales tax Increase
wtthout a vote of tile people, opposi .. the Suta Fe corridor, and also bring-
Ing up tM fact tMre was a refo....-. i• tile State of Colorado regardtnt •ss
transtt t• _.tch tile State of Colorajdo .,..led, tho State of Colorado said
don't pursue tt, and yet we've got a board down there spending $200,000 ,000
that wants to raise the tax to raise another 49,000,000 in order to talk about
rapid transit . By the tl .. they get around to it, we will also know then that
their technology will be 10 years too lite. The estl•ted cost of that is
going to 3.6 •llllon dollars a •ile. And as you well know, if you've looked
at anything RTD has proposed In the last 10 years, 3.6 •llllon probably .. ans
7.2 . The other thing Is, I think we all know what Is BART ending up costing
San Francisco? As you well know, H was supposed to pay for Itself, It was
supposed to be very efficient, It's cost the city of San Francisco literally
•llllons and •111tons of dollars and It's never, never paid for Itself . So,
but there ts a bill by the way being carried by one of the State senators,
Terry Considine, to prlvltlze, to prlvlttze a portion of RTO where private
nterprtse uld be w lllng to go ahead and take a portion of the routes of
RTO. That bill Is estl•ttd to save the taxpayer, the taxpayers of Colorado,
s ere around S40 and SSO ,OOO,OOO. It has be n done In th City of San
D o nd It's ben v ry, v ry efficient . Ther really tsn' any rea son for
IUD to p wfth trying to rat tax s wlthou a vote of th people . I
hln pl 111 g l t RTD Is probably on o h t In fftc nl ·
ly run o n z ttons n th tat or Color nd th y 'v nt .an y 1 t
t r, n t 'I ar tr tng to . So f ld 1 to s th City
Cou n 1 con r that .
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of Cities hu 1 lot of things to offer, but I do thInk th1t those th1t go
should be 1ble to use th1t infon11tion. You Cin't possibly ca.munic1te it ill
when you COlle bick, by lleiiOrindUII or 1nything else, but ••ybe one of you -
Suun Yin Dyke, Gary, and Mr. Bilo, wtll sttll be on the Council and uybe
they should go because they wtll be able to use that tnfo~tton tn the next two years. Thank you very .uch.
Higday: that's 1 very interesting request on your part since the year you went out of City Council you yourself went to NLC.
Smith: And you know why I did it? I was requested by M1yor, Mr. Tiylor to represent the City and to present 1 special docu.ent ....
Higday: That's not what .....
S.ith: Well, Mr . Taylor should tell you thlt . If he doesn 't then we would h1ve 1 little disagree.ent .
-.ble, -.ble
S.ith: Mr. Higday, your ca..ent 1 •inute ago , since we are discuss i ng thi s
Higd1y : You 'll discuss th1t with .. in private ... .
S.ith : You just lllde 1 stat ... nt that said .... .
point of order argu.ent ..... .
Higday : The person before City Council i s out of order because I di d not ask
hi • 1 question . I lllde 1 point that I found tt an i ntere s t i ng po t nt that he ude .
po i nt of order argu.ent continued .....
811o : Your honor, lilY I request that you give hi • a po i nt of ord e r .
Ot is: It goes aga i nst every gra i n i n~ body , but I'll giv you th potnt of ord er t hen .
S.ith: Th ank you . I '• gl ad to s procedure • that you
0 Is : I wts h you ld too . Ple as ftntsh a you h
l uld lt k to publtcly as th at public pology
by Cou nctlun ufldtr t
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to p rlt nt ry
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excerpt regarding Item 11(e) 11/17/87 agenda -miniature golf course
DeWitt: What you are proposing at the study session is that under paragraph
4, page 2 there would be the following phrase inserted in that paragraph, and
I would suggest it would be the second paragraph: All fees shall be due and
payable within 15 days after the end of the prior month. Reports shall be
made for each 1110nth beginning with the 1110nth this agreement is effective.
That would be put in paragraph 4, the second paragraph. We would then go to
paragraph 9, and paragraph 9 at the end of that on page 5 we would add in the
phrase in the 2nd paragraph on that page it is, at the end of the first line
", personal injury and property da.age" then continuing on with insurance. We
would then add another pangraph to that particular section, and that para-
graph would read as follows: "The li•its of said policies shall be not less
than one •illion dollars per person/per event." What I would like to do is
elaborate on our Insurance provisions . Pursuant to state statute, our
liability is $300,000, $300,000 that Is per person/per event. We have govern~~ental 1-..nity on that. Frankly, we have govern~~ental Immunity for
generally this type of an operation with certain exceptions, and those excep -
tions are very narrow . The provisions then would also be changed to add an-
other provision here. And that provision would be paragraph, for sake of con -
venience rather than Inserting It we will .ake It paragraph no. 23. Paragraph
23 would read as follows: "The operator shill be liable for any taxes, fees
or charges l11p0sed by any other ent tty. • Any other ent tty would Man other
than the City of Engl~. We would also add underneath that provision Is:
"Any breach or fatlure to any fee required hereby shall entitle the party
requiring to collect the s ... reasonable attorneys fees and costs for collec-
tion ." And I believe those are the ... ndlents that were discussed previously and those are the ones that have been expressed here .
B 11 o seconded the •t ton to ... nd .
Bllo : Yes, I 'll second it.
Otis: Any other discussion?
Btlo: I 'd just like to •ntfon that • to 941t 1t on r cord. that did
discuss this wtth the Council -elect. There re a lot of Inputs Into this and
I feel that have covered •st of th .. , althoU9h I thought at th study ses ·
ston r going to hold this off. That's t reason I voted opposing this .
0 1 :
Cl r : All
Ill t . l
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Otis: Okay, now we vote on the original MOtion.
Clerk: I would like clirification. You will give 11e all that information -
it will be on the tape of course, but I have a page Missing from my agreement
so I'm kind of lost . Page 4 is not in ay agree~~ent, so if you have all that information I feel co.fortable.
DeWitt: That's a good question . Because it didn 't COlle out of the printer
that way. I don't know, I ass011e they Missed it or SOIIething like that.
Clerk: I just wanted you to know that I don't have that aotion because I was lost, so if you have that infonaation .....
DeWitt : That's a good question . I think we should table it.
Clerk: Well, it's on the tape, l'a sure ....
DeWitt : I'• not coafortable wtth it now cause it should have COlle out ....
Clerk: Are you also aissing a page?
DeWitt : Yes,
Bilo : Yes , I aa too.
Kozacek : Your honor ....
Bllo : Your honor, I aove to table .
Higday : Wa lt -you'll have to withdraw your first aotlon .
Kozacek : I 'll have to withdraw~ a.tftdaent .
Otts : Yes, you'll have to withdraw the a.tftdaent .
Van Dyke : Do you withdraw your second?
8tlo : Yeah , I 'l l wfthdraw.
Van Oy : ll, that an s the entire thlft9 wftl hav to be s terted over . I 'll w thdl' !Y aotfon .
w 1'11 ti to t 1
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