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Home My WebLink About1987-12-07 (Regular) Meeting Agenda- ,. City Council -Regular Meeting December 7, 1987 • • • • • • 0 0 I • I . • • • .. • 0 0 • I . • 1 . Call to Orde r • • • EJIIilEVOOO CITY ccuecn EJIIilEIIOOO, AIW'AHO£ COIIITY, COLOIADO Regu lar Session o.c.-.r 7, 1987 The regular ~eting of the Englewood City Cou ncil was called to order by Mayor Otis 7:30 P·•· Z. Invocation The invocation was given by Council Me.ber Vobejda. 3 . 'leclte of Alletiance The Pledge of Allegiance was led by Mayor Otis. 4. loll Call Present : Absent : A quoru. was present . Also pres nt: '" Council "--bers Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Council "--ber Higday C tty Manager Mc:CCMI C ty Attorney DeWitt Assistant City Manager Vargas City Clerk Crow Ex cutive Director Hinson , Urban R n al Author ity Director Ku n, Par s nd r at o r adsh r H ay S[CCIIQ, TO • Btlo, 0 Is ) I . Englewood City Council Minutes December 7, 1987 -Page 2 6. Pre-scheduled Visitors • • - (a) Walt Ta.ooka, 143 West Powers Circle, littleton, spokesperson for the Greater Englewood Cha.ber of Ca..erce, discussed the resolution approved by the ChaMber regarding the RTD/Urban Mass Transit SW Corridor. Council Mem- ber Bilo took exception to the Cha.ber's position concerning the SW Corridor, stating to lose the SW Corridor would negatively i~act the City of Englewood and we could lose the federal funding if ca..unity support is not forthcoming for the SW Corridor. Council Mellber Bilo stated he could not support the resolution of the Cha.ber. Council "--bar Kozacek felt there was validity to sa.e of the points In the resolution, but felt the Santa Fe Corridor should be completed. Council Mellber Van Dyke concurred that there were valid points in the resolution but stated that the citizens, Council, business.en, etc ., all have to be 110re educated on the SW Corridor. She was not in a position to support opposition to the SW Corridor . Council Me.ber Bradshaw ca..ented that she thought the resolution was 110re in opposition to House Bill 1249 than to the corridor. She stated that for the benefit of Englewood, the SW Corridor is needed and should be supported. ftr. McCown explained the conflict between the SW and SE Corridors. ftr. Ta.ook.a responded by clai•tng th ridership would not support the SW Corridor, that there was not enough population . He stressed that House Bill 1249 Is a package deal and If approved by th legis - lature, we wtll have to "live with It and pay for lt .• He str ssed that tt ts i~ortant to look for the 110st vhble corridor . Council r Kouce reiterated that if the Chlllber wished to oppose House Bill 1249 for funding reasons, he would then support such a resolution . CCIUIICIL ._. IUDSMIIIDIO, CCUitll ..U UZKEX. TO I£CUV£ TN[ lfSOLU- TIC* nmt TN[ .UTO EMLU.. W • Ayes: Covnc 1 Van Oy e. Vobejda. ozace , Bt lo , Brldsh ays : Abstain : Absent : tton carried . 7 . ·scheduled Vtsttors fl r H fda , I Englewood City Council Minutes Deca.ber 7, 1987 -Page 3 • • • to work with the Urban Renewal Authority 's staff to present for Council 's con - sideration on DeceMber 21, 1987, a Use Tax Revenue Bond Issue under a guaranty of a note s 1 gned by the Urban Renewa 1 Authority. He exp 1a i ned that there would be no outlay of funds by either the City or the Authority for seven years, there would be an opportunity to refund the outstanding Urban Renewal Authority bonds eli•inating the debt early on the assunption that the revenue s increased above projections . Discussion ensued and it was suggested that other alternatives be explored before •aking this decision. COUNCIL IIERIEI VAll DYKE ROVED, COUNCIL IEMEI IUDSIWI SECONDED, TO RECEIVE THE REQUEST Of THE URIAII REIIOW. AUTHOilln FOI FUITHER CONSIDERATION. Aye s: Council Me.bers Van Dyke, Vobejda, Kozacek , Bilo , Bradshaw , Otis Nay s: None Abstain: None Council Me.ber Higday Absent : Motion carried. • •••• Referring to Agenda It .. 7(a) above , Council "--bar Kozacek called for a point of order regarding the reconsideration of Council Bill No . 67 , stating that based on the Rules of Order and Proceduf"8s, adopted by Council On Septetlber 4 , 1984, Section I -Reconsideration, stipul ates that a 80tlon to reconsider IIUSt be aade by one of the pf"8vail fng side . Thef"8fore, Council Me.ber Hlgday had no rlgtlt to 80ve to recons lder. He further stated that Sect ion N -Tie Votes , stipulates that In case of a tie in votes on any proposal, the proposa l shall be cons der.d lost. City Manager NtCCMI eq~lained that the previous City At - tor-My had giv n th s Council an opinion, about a different but si•flar ut t r, t at •any ....,.r could bring up any issue at any tf•. • A copy of t op nion wu requested . 8 . c-.nteattons 1M PNel-ttons (a) and (b) letters ,,.. Chester Hallat in, stating did not whh to se reappoint as a r of the Board of Adjust.Mnt and Appeals, nd froe rald S-.pson, stating did not wish to s reappoint nt a a r of t Pu 1 c U rary Board, dlscu sed . II LO • TO C IV y j •• 01 to , r H fday 0 I • • - Englewood City Council Minutes Dec .. ber 7, 1987-Page 4 (~) (b) (c) (d) (e) (f) (g) (h) (i) (j) Minutes of the Bo~rd of C~reer Service Commissioners meeting of Septe.ber 9, 1987. Minutes of the Housing Authority ~eting of September 30, 1987. Minutes of the Downtown Deve 1 o~nt Authority ~et i ng of October 14, 1987. Minutes of the P~rks and Recreation Ca.ission ~~~eeting of October 15, 1987. Minutes of the liquor licensing Authority 111eet i ng of October 21, 1987. Minutes of the Public library Advisory Board ~~eeting of November 10, 1987. Minutes of the Planning and Zoning Ca.ission .eeting of November 10, 1987. Ordinance No. 65, Series of 1987, approving the 1988 Agre~nt for Library Services between the Englewood Public Library and the Arapahoe Library District. Ordinance No. 66, Series of 1987, approving the annexation of prop - erty in Supple.ent 135 for Parcel •c• to the South Arapahoe Sanita - tion District Connector 's Agree.ent. Ordinance No . 67, Series of 1987, approving the exclusion of the property described in Supple.ent 134 for Parcel •a• fro. the South Ar apahoe Sanitation District. Ayes : Nays : Abstain : Absent : Council Ne.bers Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis None None Motion urr ed . Council "'-ber Higday 10 . ""He Meartnt p bllc h arlng wa s scheduled. 11 . Or4 t nances, IHo 1 ut tons Mill llot ions ·ec c-llftda ion fr. the Water and r Board to ad pt I b l1 c c propos revi td Standard Conn ctor' s Agr n [0 8 V n Oy , V Jda, OUTSIO CIT 0 1 lo, I Englewood City Council Minutes Dece.ber 7, 1987 -Page 5 .. Absent : Council Member Higday Motion carried. • - (b) City Manager McCown presented a reca.endation from the Parks and Recreation Ca..ission to adopt a resolution establishing annual fees for the Englewood Municipal Golf Course. He confirlled that the Parks and Recreation Commission had reviewed all fee schedules for the recreation program and were rec011111ending the golf course fees be increased as set forth in the proposed resolution. RESOLUTION NO. 38 SERIES OF 1987 A RESOLUTION ESTABLISHING ANNUAL FEES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE . COUIICIL IERIO IRADSIWI ROV£0, COUIICIL NOIEl IILO SECOfl)m, TO APPROVE RESOLUTIOII 1110. 38, SERIES Of 1117. Council Metlber Bilo ca.ented that he would support this resolution but that he wanted the ca..ents wh ich had been made at the study session forwarded to the appropriate Board and depart~nt . Counc i1 Metmer Bradshaw concurred, stating the •per hour• costs need to be considered; she also suggested a change in the philosophy of costs recovery . Ayes : Council "'-bars Van Dyke, Vobejda , Kozace , Bilo, Bradshaw, Otis Nays : None Abstain : None Council Melber Hlgday Absent : Motion carried. (c) The reca..endatlon froa the City Man.ger 's office to adopt resolu - tions concerning a 21 wag increase for .anagertal, supervisory and confid n- tlal e.ployees for 1988 was presented for consideration. RESOLUTION NO . 39 SERIES OF 1987 A RESOLUTION FOR A C ENSATI TH CITY OF ( L£ , Cot.OftAOO . SYST FOR G ~ SERVICES 0 I • • • Englewood City Council Rinutes Deceaber 7, 1987 -Page & Nays: Abstain: Absent: Motion carried. RESOLUTION NO. 40 SERIES OF 1987 Bradshaw, Otis None None Council Me.ber Higday A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAl AND SUPERVISORY EMPLOYEES OF THE POLICE DEPARTM(NT OF THE CITY OF ENGLEWOOD. COUIICIL wm.D lllO IIMD, COUIICIL MRIO YMI DYIC£ SECCII)£)), APPIOYAL OF lESOWTJ ••• 40, SOlES Of IM7. It wu stated th&t the Salle c~nts aade by Council .....,.rs Bilo and Koucelt concerning Resolution No . 39 applied to this Resolution . Ayes : llays : Abstain : Absent : Motion carried. RESOlUTION II). 41 SERIES Of 1•7 Council .....,.rs Van Dyke, Vobejda, Kozacek , Bilo, Bradshaw, Ot 1s 11oM 11oM Counc 11 .._.,.r HI gday A RESOlUTION fOit A CORPOISATI. filM SYSTEM fOR ~RIAL Alll SUPERVISORY a.t.OYEES Of THE fiR£ D£NillOT Of THE CITY Of £Mil£WOOO . COUIICil .,_. IILO .WU, COUIICIL _. YM Dm ~. AHIDVAL Of I£SOLUJJ ••• 41, SOilS Of IM7. Again, It was stated that the s .. co.· •nts lllde by Council rs Bilo and Koucek concerning Resolution No . 39 applied to this Resolution . Ayes: Council rs Van Dyke , Vobejda , Koza cek, Bllo, lradsh , Ot f s llays : Abshlft : Ab " t ton c arrt • IL un n r H 9(tay S ST fOit C 10£ IAl £ LOY£ TH v 0 • v da, oz no, I Engl.wood City Council Nfnutes Dece.ber 7, 1917-Page 7 ,. Absent: Council Metlber Hfgday • • • Motion carried. Council Metlber Bilo stated he appreciated the efforts and the work of the .. nagerial, supervisory and confidential e.ployees. He stated he hopes the econa.ic situation t..,roves so that it .. y not be necessary for Council to take sa.e of the drastic ~asures which have been considered. (d) A resolution establishing annual salaries for Council appointees, certain staff of the City Attorney's office, Municipal Court Judge and Associ - ate Judges for the calendar year 1988 was considered. RESOLUTION NO. 43 SERIES OF 1987 A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY, ASSISTANT CITY ATTORNEYS, PARALEGAL, UICIPAL COURT JUOGE AND ASSOCIATE JUDGES FOR THE CAlEIIlAR YEAR 1988 . CCUI:Il ..U YM DYU IIDWED, CCUI:Il .,_. IUDSIWI SECCIIID£D, FOl APPROVAl OF HSOLUTICII •• 43, SOilS OF 1117, VITM THE SALAIIES TO III:UDE A 2S WE III:IEAS( AS FOLLCIIIS: Cln IWIAIO $11,310 Cln ATTa.Y $10,110 UrCIPAL CCIUIT oUil $52,310 ASSrSTMT ern ATTa.Y $20,151 WrSTMT ern Ano.EY PIOSKUTGI $33,111 PAIALEIAL $31,173 THE SAUIY Of' Till ASSOCrATt JUDIU FGI Till CAI.EDI YUI 1-SHALL HMIII AT $110 P£1 DAY. lefore the vote was taken it was conftr.ed that the Associate Judges would not receive a ZS increase. Council .....,.r Kozacek co.ented that at any tt .. the City Council ~ ft ftteessary due to ftnancfal hardships or decreased rev nuts, the ro,..tng watt increases could be withdrawn or changed. A,yes : lla.ys : Absta n: C04mell Oth c Abs t : C tfon c arr ttd. Coun tl d d ~ l 0 I • rs Van Oyk , Vobtjda, Bflo, Bradshaw , r ICozac f I . Englewood City Council Minutes Dec .. ber 7, 1987 -Page 8 limits • • • (d) lease infonaation on Trolley Square King Soopers property . 14. ltneral Discussion (a) Mayor's Choice Mayor Otis did not have any .. tters to bring before Council . (b) Council Me.ber's Choice There were no additional .. tters to consider . 15 . AdJ~t COUIICJL -.a IIADSIWIIIDVED TO .,.... The ... t i ng adjourned at 9 :05 P·•· I . . .---·· 1. 2. 3. 4. • • • AGENDA F OR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 7, 1987 7:30 P.M. Call to order. 7 30 ..a Invocation . ,, ' ({_9 Pledge of allegiance. {0-t;z;; Roll call. ' d "(." fl' ' fl f ) ~ lt~j- the regular • etinq of Nove~er 17, 1987. ~CJ -1 -a ... .tV~ Pre-Scheduled Visitors. (Please limit your presentation to en ainutea.) (a) Kr. Walt To ooka, representing the Greater Englewood Chaab r of Co erce, will be present to discuss RTD Mass Tranait. p •l'.lu -j. ~, ~~( -~~ .t<~ (" I 7. on- i v a. co tA ter Ad j us tA er viaory I. H ll 9in, • er ot the le, concernln9 L brary Ad• ion. (; "- • I • • • • City Council Agenda December 7, 1987 Page 2 9. Consent Agenda. (a) Minutes of the Board of Career Service Commissioners meeting of September 9, 1987. (b) Minutes of the Housing Authority meeting of September 30, 1987. (c) Minutes o! the Downtown Development Authority meeting of October 14, 1987. (d) Minutes of the Parks and Recreation Commission meeting of October 15, 1987. (e) Minutes of the Liquor Licensing Authority meeting of October 21, 1987. (f) Minutes o! the Public Library Advisory Board meeting of November 10, 1987. (g) Minutes o! the Planning and Zoning Commission meeting o! ovember 10, 1987. rJ(;) (h) Ordinanc4rapproving the 1988 Agreement !or Library Ser- vices between the Englewood Public Library and the Arapahoe Library District. (i) Ordinance~aJproving the annexation o! property in sup- ple ent 35 tor Parcel •c• to the South Arapahoe sanita- tion District Connector'• Agree ent. (j)J Ordinanc lPproving the exclusion ot the prop rty describ d in Suppl m nt 34 tor Parcel "B" from the South Arap ho Sanitation District. 10. Publ c H arin • iona nd Ho ion • I • - • City Council Agenda December 7, 19f!.J, ~ r-r lll · Page 3 ~. ,,~· ~;ra-1/ • • • (c) Recommendation from the City Manager's Office to adopt a Resolution concerning 1988 wage increases for man-A~.£-~ agerial, supervisory and confidential employees. ~,ttV~~~ ;u d) Resolution establishing annual salaries for the City ~ Manager, City Attorney, Assistant City Attorneys, ~ 1/1 Paralegal, Municipal Court Judge and Associate Judges ._.Ji""J_..JV for the calendar year 1988. rJ-cA ~I &~tf4-luzt.,J- 12. ~ty Manager's Report. /lk",u ' ~~ ~114/t ~,61 ~ .U..~ zl ~tlo~N.t.Ha../ ~z;'Z.I/P7 13. City Attorney's Report. ~Jd ~0 'tJ ~ed ') /f'..A-A& ,h,~...,_.:t u. General Diacuaaion. ~;:;~~u 'j~~ (a) Mayor's Choice. fo,__., tRdiuA ~..&"~b (b) Council Mellber•s Choice. </;) ~~~~ 15. Adjournaent. t'"( )ft..{ t t £1 And Mccown City Manager AM/Bb d CJ.ol_ • • • EJI&LE11000 CITY CCIUIICIL EJI&LEVOOO, ARAPAHOE CCUfTY, COLOUDO lletular S.ss ton Move.btr 17, 1117 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Otis at 7:33 p.m . 2. Invocation The invocation wa s given by Council "'-ber Yobejda . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Otis. 4 . lloll Call Present: Council Metlbtrs Higday, Van Dyke, Yobejda , Kozacek , Bilo, Otfs Absent : A quor wa s present . Also pr sen 5. Mtnute1 Council Metlbtr Bradshaw Cown ttt ntty v lo n .JLO , TO AI · J 7. 0 Jd ' 01 I . { f Englewood City Council Minutes November 17, 1987 -Page 2 • • - felt Council needed to be awue of various decisions •ade by the Board; she stated if the proposed amend .. nt were approved, the Career Service Board was being told to rubber -s tamp decisions •ade by ad•inistration; she presented copies of decisions •ade by the Board. He.ber 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 modify 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. Melber Pokraka stated the Career Service Board provides for a balance of power and gives the a.ployees an avenue for appeal. To take away MOdification rights deprives eMployees of their due process . She shared research lnforution concerning disciplinary actions prior to 1980. She concluded by urging Council to allow the courts to .ake a deter.ination on this •atter. Chair.an Fleenor advised Council of the publ ic hearing to be held on this topic on Dece.ber 1, at 6 :30 P·•· Discussion ensued relative to the reasons this •atter 111as being presented at this point in tiM. He ex- plained that the Career Service Board believes that their right to modify dis - cipline Is in l~~portant protection for City a.ployees. Copies of newspiper ilrticles which appeared In the £ngle1110od Sentinel in May , 1984, were discussed and given to the Clerk to include In the record. Mr . Fleenor concluded by stating that th Cireer Service Board serves as an essential protection to emp l oyee rights and that th Board needs to continue to be able to decide wheth r discipline Is appropriate or excessive. The neutrality of the Chair -man 111as questioned and discussed. 7. . t :07 tv In o I . Englewood City Council Minutes November 17, 1987 -Page 3 Roll was called . • • • Present: Council Melllbers Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis Absent: Council Melber Bradshaw A quoru• was present. Mayor Otis asked if anyone else wished to speak to Council on the Matter of the Career Service Systa.. Non-scheduled Visitors (continued) {b) Pete JueneMann, President of the Englewood EMployees Association and an a.ployee of the Bi -City Wastewater TreatMent Plant, questioned the vote on October 19. 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. Juena.ann stated the EMployees Association hoped this .. tter would be settled by defeat- ing the ordinance , that the Association perceived the Career Service Syste. as funct f on f ng the way it was intended, to change f t the way this ordinance Is written would be a serious loss to the organization. (c) Janet Kerzic, 4790 South lipan, returned to the podfUII to inforM Council that the judge hearing the leydon case had stated he had to give the decision so.e real thought because it would affect the Career Service Board In the future . (d) Don S.ith , 3165 South Sher-.n Street, addressed Council with regard to Council Bill No . 67, warning Council that If the Intent and purpose of the ordinance was In conflict with the Charter, It would be Illegal and end up In Court . {e) Roy Swanson , Business Agent for £nglwooe~ E~~Ployees Association , not i fied Council that the State Council Is opposing the ordinance, supporting the Car er Serv fc Board JOOS wi th 1 nat f onwld effort on behalf of the Career Service Board . COUNCIL MOllO HJ-Y MID, SlC:.O l'f CUICJL lllO, TO ••• ,._., A1ENDA ITEM 14(~)(1). Ayes : r s N fday . Vall Oy , V jda , Koza ce , Na y : Abstain : Ab nt · tfo c rr td . A R orr , ltOOUC£0 8 ICJP COO 1 5, llll I . c Englewood City Council Minutes November 17, 1987 -Page 4 • • • Council Member Bilo wished to clarify his position concerning the ordinance which he stated was an attempt to chrify 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 110dify disciplinary action of the City Manager. He hoped this action would generate compromise on all parts . Council Member Kozacek stated his opposition to the Bill calling for more com -munication among the parties concerned. Council Member 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 complete visibility to the utter, he will be voting for the Bill in order to get it on the table. Council Me.ber Van Dyke stated her support of this ordinance and con.ented that it is critical that the Career Service Board and Council get together to re s olve the is s ue . Vot e re s ults : Aye s: Nays : Abstain : Absent : Mot i on carried . Counc i l Me.bers Higday, Van Dyke , Vobe j da , Bllo . Ot is Council Me.ber Kozacek None Counc i l "'-ber Bradsh1w Non-scheduled VIsitors (continued) (f ) Don1ld L. R. S.tth , 3165 South Sherwan Strtet , ldd resstd Cou ncil r gardi ng t h sues : KCOIIO IY ll(c). ll Ill • 16, tO Tl l : I • • • · Englewood City Council Minutes Nova.ber 17, 1987 -Page 5 A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 35 FOR PARCH "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 VOBEJDA MOVED, SECONDED IY COUNCIL MEMBER VAN DYKE, FOR PASSAGE OF COUNCIL BILL NO. 76, SERIES OF 1187. Ayes: Council Mellbers Higday, Van Dyke, Vobejda, Koucek, Bilo, Otis None Nay s: Absh in: None Absent: Motion carried. Council Mellber Bradshaw COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER VOBEJDA , WAS READ BY TITLE : A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 34 FOR PARCEL "B" TO SOUTH ARAPAHOE SANITATION DISTRICT'S CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD FOR EXCLUSION FROM THE SOUTH ARAPAHOE SANITATION SERVICE AREA . COUIICIL ..,_. VOIEJDA MOVED, S£COND£D IY CCUCIL ..U VAll DYU, FOI PASSME OF COUIICIL IILL 110 . 77, SOlES Of 1M7 . Council Naber Vobe jda ca.ented that at the Water and S r Board Meting, tt had been pointed out that these two actions re .. rely 1 switch fro. one District to the other . Ayes : Council Mellbers Higday , Van Dyke , Vobejda, Kou cek, Bilo , Otis None Nay s: Abstain : None Council "'-ber Bradshaw Absent: Motion carried. Coun r Vobejda left the ting at 1 :37 P·•· B. tcettons and Procl~Mttons cations or Procl ttons to act upon . t t( f) I 1. to r 7, (c) 0 ll Aut 0 Oct 7. I . Englewood City Council Minutes November 17, 1987 -Page 6 • • • (d) Minutes of the Plinning ind Zoning Co..ission ~eting of October 20, 1987. (e) Ordinince No. 62, Series of 1987, ~nding Ordinince No. 85 for revision of the vesting provision of the Englewood Police Pension Plin. (f) Withdrawn (g) Ordinance No. 64, Series of 1987, appropriating MOnies for the 1988 Budget. Ayes : Nays: Council Me.bers Higday , Van Dyke, Kozacek, Bilo, Otis None Abstain: None Absent: Council Me.bers Vobejda, Bradshaw Motion carried. The following action was taken on withdrawn It .. 9(f): COUNC IL Bill MO . 75, INTRODUcED BY COUNCIL MEMBER HI~V. WAS READ BY TITLE : A Bill FOR M ORDIUNCE ADOPTING THE BUOCiET Of THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1918 . COUIItll ._. 111-Y .VO, Sl:~ IY COUIItll ._. IILO, F. APPIOWAL OF COUIItll IIU •• 71, SOlES OF IM7, • FIML 11011 •• Council Mlllber Kozacek stated hts oppositiOft to this Bill. He shted that as a point of order the ld ·unagers salary should have been approved prior to the final reading of the budg4tt. ~es : Council "'-bars Htgd11, Van Dyke, Bilo, Otis Nays : Council "--btr Kozacek Abstain : None Abs nt : Council "--btrs Vobejda, Bradshaw I on carried. Ordinance No . 63, Series of 1987, was assigned to thts action . 10 . Public Ht r1nt p 1 c r ng w s chedultd . 11 . Ordt,....., bsolvttons 11'14 llottOM • 73, JNTAOOUC 0 IV C TJTl : I . . Englewood City Council Minutes Nov .. ber 17, 1ga7-Page 7 • • • 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 NEMER VAN DYKE MOVm, SECCJII)m IY COUNCIL IIEMER ICOZACEK, FOR APPROV-AL OF COUNCIL BILL NO. 73, SERIES OF lg&7. Ayes : Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Otis Nays : None Abshin : None Absent : Council Me.bers Vobejda, Bradshaw Motion carried. Agenda Items ll(b) and (c) were .oved forward and approved -see Pages 4 and 5 of these •inutes. (d) A resolution allowing park use fees to day care centers, day ca~s and preschools was considered. COUNCIL ._EI ICOZACEK IIDVm, COUNCIL ..,_. IILO SECCII)ED, TO TAIL[ THE IESOlUTIOII !MIL THE SECCMI» Mnr• Ill oWIMIY SO THE 1101 COUNCIL MY ADDRESS THE ISSUE. Ayes : Nays: Abstain: Council Ne.Oers Higday, Van Dyke, Kozacek, Bilo MAyor Otis Absent: ~tion carried. None Council Me.bers Vobejda, Bradshaw (e) A resolution approvln9 an atr .... nt for construction and operation of a •iniature golf course facility at the Entl~ MUnicipal Golf Course was cons ide red. COUNCIL ._EI ICOZACEl MOVm, COUNCIL -.o IILO SECOII»fD, TO TAILE THE IESOlUTIOII !MIL CEITAIII AIIEIDIE.WTS MD lUll MD( TO THE AIIEEJIEJfT. Ayes : Council ~rs Kozacek, Bilo Nays : Council "'-bers Higday, Van Dyke, Otis Abstain : None Absent : Counc 1 rs Vobejda , 8radsha t on d eated . . 36 7 F COOR AT T TO AH10V h UP r t I . Englewood City Council Minutes November 17, 1987 -Page 8 • • • TAXES, i.e., SHERIDAN OR OTHERWISE, THAT IT WOULD SHOW THAT ALL PARKING LOTS AND ALL FACILITIES WOULD IE MINTAINm llllOUGHOUT THE YEAR. Appropriate wording for the specific a.end.ents to the agreeMent were stated by City Attorney DeWitt. When it was discovered that one of the pages of the agreement was 111iss i ng fr0111 the packet, the 110t ion and second to amend was withdrawn, the 110tion and second to approve Resolution No. 36 was withdrawn. COUNCIL MEMBER lOZACEK NOVm, COUNCIL MEMBER IJLO SECONDm, TO TAIL£ RESOLU- TION NO. 311, SERIES OF 1987, llfTIL MOIJMENTS HAD BEEN MOE TO THE AGREEMENT. Ayes : Council MeMbers Higday, Van Dyke, Kozacek, Bilo, Otis Nays: None Abstain : None Absent : Council Melllbers Vobejda, Bradshaw Motion carried . (f) Acting Director R0111ans presented a reca..endation fr0111 the Planning and Zoning Co.aission to adopt a resolution approving the final plot of the Rocky Mountain Constructors Filing No . 1, and the Rocky Mountain Constructors Deve 1 OPMnt Plan for property at 4799 South Wi nde,..re . Ms. R0111ans s hted that the Planning Co..ission had held a public hearing concerning this on Au - gust 18; no one addressed the Co..tssfon In opposition to either the Filing or the DeveloPMnt Plan . The Co.afssfon reca..ends approval of both . RESOLUTION NO . 37 SERIES OF 1987 A RESOLUTION APPilOVJNG THE PLANNED D£VELOMNT AND FINAL PLATIING OF THE PROP - ERTY LOCATED AT 4799 SOUTH WIND£ RE STREET, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STAT E 0 COLORADO FOR ROCKY TAIN CONSTRUCTORS FILING fl . MYOI OTIS NOVm, COUNCIL ....a IILO Sl~, FOI AMlOWAL OF RfSOlUTJCII NO. 37, SUUS or 1117. Discussion ensued regndlng construction equfPMnt using Wind re . Ms . Roun assured Counci l that Wind re as an arterial street should uff c1 nt to wi th stand heavy traffic . Ay : Council rs Htgday, Van Oy e, ozac k, Btlo , 0 ts ays : Non Ab t tn: on 10 A nt ; Coun rs Yo • v 0 lo I . - • • Englewood City Council Minutes Nov .. ber 17, 1987 -Page 9 Nays: Abstain: Mayor Otis None • • • Absent : Motion carried . Council Me.bers Vobejda, Bradshaw (h) COUNCIL MEJIIEl HI&DAY IIOYED, COUIICJL ... EI IILO SECOIIDED, TO TAIL£ AIEII)A ITEM ll(h). Council Me.ber Higday stated he was .. king this 110t ion for the sa~ reason stated by Council "'-bar Kozacek concerning Agenda Ita. ll(g). Ayes: Council Melbers Higday, Van Dyke, Kozacek, Bilo Nays: Mayor Otis Abstain: None Absent : Council Me.bers Vobejda, Bradshaw Motion carried . It was SU9gested that Ite. 11(h) be discussed tn study session . 12 . Cttyllana .. r's leport Mr . McCown infon.ed Council that the State Highway Otpart.ent had advised the City that the sidewalk at Belleview/Broadway should be ce~~~ple ted by the end of the year. 13. Ctty Attorney's Report Mr . DeWitt ca.anted concerning the Ag,....nt for the •lniature golf course, stating It had been in the proper (orw when It was reviewed by hfs office. 14. ltneral Discussion (a) Mayor 's Choice Mayor Otis did not have any .. tters to bring before Council. (b) Council r's Cholet (I) A9fnda It• l4(b)(l) IIIII Pag s 3 and 4 of these •lnutes . (I I) CCIUIIC IL MOllO lOWIX vtS AT THE lfMAa OJ • T t 15 . AciJou t c ll y ed for~~~~rd and approved -S.. to : •·•· I . - • Dece.oer 4, 1987 The Honorable Eugene l. Otis Mayor of the City of Englewood Me.bers of the Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 Dtar Mayor Otis and Melbers of Council: • • • On behalf of the Englewood Urban Renewal Authority, I ~uld like to express our appreciation to City Council for its attendance at our Dtc-.ber 2 .. eting, and participation in the discussion on Authority financing. The result of this discussion was the attached EURA Resolution No. 20, Series of 1987, which I .. for.ally trans•itting by this letter. It ts the Authority's opinion that the best alternative to generate the $2,000 ,000 of additional funding required for the Downtown Redevelop-.nt Pro j - ect ts to request City Council to tssue Use Tu Revenue Bonds In an 1110unt capablt of providing the Meessary funding. In return for the procteds of this Issue, the Authority would give the Ctty a Note pledging pay-.nt of all debt strvlce on thest bonds fro. available Authority sources . The Authority asks that City Council consider thfs request and act on It at the earliest opportunity. Th n you for your cooper a ton, o rt J . Yoth Cha t n Engl od Urb n R n 11 Authority I . Dons Nuarenus l• •Vc:•-~ Board ol Oorect<n Mart NIC kum T ... rl'IMI S,.....,... .... • • • ~a_ Greater Englewood Chamber of Commerce RESOLUTION OF THE BOARD OF DIRECI'OBS OP 111E GREATER ENGLEWOOD CIAIIBER OF~ REGARDING THE RTD/ORBAN IIASS TRANSIT SW <DRRIOOR The Board or Directors of Greater Enrlewood Chamber of Commerce has considered the proposed Urban Mass Transit System of the Santa Fe/Southwest Corrider. Althourh the Board is supportive or mass transit and is concerned about the level or air pollution, the Board does not support the proposed SE corridor of the Urban Mass Transit System at the present time for the followinr reason s: I. The proposition is NOT WIDELY, if at all, SUPPORTED by those who would be asked to pay for it and by those who would be expected to use it. At a recent widely advertised UMT hearinr in Enrlewood, no more than eirht persons were in attendance other than RTO employees and persons Involved with presentinr the hear Inc. 11. We do not believe that the Rerional Transportation District Is the aceney to do the job. Based upon their past performance, we believe thay have done an ineffective job at exorbitantly hlch costs. Based on Information published recently In the Rocky Mountain Journal, th e RTD, with 1100 personnel, pays an averare or 1 37,000 to their employees, which is hlrher than any other rovernmen t entity or private bu siness In Colorado. Ill. The eost or the project Is starrerlnr eonslderlnr the raet that r derahlp and eontlnued support appear to be fantasy or wlahrul th nklnr. Colorado lifestyles have been allowed to develop around the use or cars and trucks, and w do not believe that th e tl&ens of Colorado will abandon the uae or them by eho ea. • I tht alt rnatlve uu or to n ts lex the I • - Twn A - ata tt-_,.,._ o-c..nc .. .... _ • • • Greater Englewood Chamber of Commerce Although we do not presently support the Southwest corridor, we believe the SOUTHEAsT CORRIDOR, and possible the airport corrider, SHOULD BE CONSTRUCTED WITH PRIVATE FUNDs, as it was ori84aally conceived. This corridor should be demonstrated to be effective before any other corridors are taxed and/or placed under construction. We believe that the Southeast corridor has the highest potential for initial success. Performance in this corridor would provide a better basis for determining whether or not to extend the system. • • I • • .. • • • • Cbaatar BallaqiD CC12 8outb Grant Bnqlawoo4, co 10110 Novaaber c, 1987 Mayor Euqana Otia JCOO south Elati street Englewood, CO 80110 Dear Mayor Otia: For the laat tan year• it haa been .y privileqa to ••rv• on the Board ot Adjuataant and Appeal a. My praaant tar. will expire in Fabruary of next year, and I feel that it ia tiaa that I atepped down froa the Board. It haa bean a plaaaura to be involved with ay City, with the other .. abera ot the Board and with the atatf. Beat wiahaa, ~~ Cheater Rallaqin Board ot Adjua and Appaala I . The Honorable Eugene Otia Mayor of Englewood, Colorado 3400 South Elati Street Englewood, Colorado 80110 Sir: • • • 3275 W. Chenango Avenue Englewood, Colorado November 5, 1987 Plaaae be adviaad that aince w, four-yaar tar. expirea on the Library Adviaory Board February 1, 1988, I do not deaire a aecond tan~. I thank you along vith Mayor Pro-T .. lradahev and Council for affording me the opportunity of beina a part of thia efficient, people-oriented library. I aa proud to have bean involved ln the affaire of thla friendly and prograaalve city. leapectfully you ra, I • • - • PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS Septeaber 9, 1987 SPECIAL HEARING Tom Fitzpfttrick, Cathy Pokraka, Janet Kerzic, JoEl- len Turner, Harry Fleenor, Jr. None Pete Jueneaann, Preaident ED ~evin Saga, Appellant Robart Holaaa, Chief of Polioe Ron Medford, Police Lieutenant Searl Brier, Eaployea Relation• Chairperaon Harry Fleenor opened the ... tin«J at 6132 p.a. Tba purpoaa of the aaating vaa to diacuaa the ti .. lineaa of the ap-peal filed by ~avin Saga. Chief Hol .. a vaa praaant to repreaent the City of Bn;lewood. He agreed that the appeal vaa filed in a tiaely aanner and the City did not conaidar tiaalinaaa to be an iaaue. Kevin Saga vaa praa- ent and aaid he vaa ready to proceed. Both partie• praaanted their opening atat ... nta. The City praa- ented two vitn••••• on their behalf and the Board accepted three (3) exhibit• froa the City. Exhibit nuaber four (4) vaa objected to by the defendant. Croaa-axaaination vaa held, aftervbicb, the Board adjourned for a abort break. The hearing vaa reauaed and all aa.bara vera preaent. The defendant vaa •worn in and preaented tutt.ony on bia own behalf. He preaanted one exhibit to the loard. He vaa croaa- exaained , aftervh ich, cloaing co..anta vera praaented by both partiaa. Coaaiaaionar Pokraka aoved for the hearing to be raoeeeect and the Board adjourn into Executive Seaaion. C~iaaioner TUrner aaconded, The vote vaa unaniaoua and the hearing vaa adjourned until he Regular Meting of the Board on apt r 11, ltl1 • ft30 p.a. h n a d ciaion would be r nder I . • IN THE HATTER OF THE DISCIPLINARY APPEAL OF KEVIN W. SAGE • • • BEFORE 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. Sage. The charge as provided in the city exhibit 11 in the Safety Advisory Committee report were that "acci dent occurred as result of officer carelessness". Testimony was given by Lt. Medford that the city exhibit 11 is the official recommendation of the Safety Advisory Co~ittee 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 indica ted that there .as heavy d ... ge fn excess of four thousand dollars caused by trying to ticket 1 traffic violator. Evidence submitted by Officer Kevin W. Sage did not substantiate like circu.- stances of his accident to afford analysis of 1 lesser disciplinary action. Testimony was given by Lt. Medford that proper notice ~~ distributed to all personnel by a ~emorandu. dated Kay 12, 1987 fro. Chief Robert Hol .. s of the change i n pol1cy o significantly reduce the nu~ber of .. ployee accidents. T erfore e Career Service Board upholds Chief Robert Hol .. : reco..en- dation of • one day susp nsion of Officer v n w. Sage as 1 result of the accident on J 1 y 12, 1987. Doe t is 17 day of S p ber, 1987. I • PRESENT: ABSENT: OTHERS: • • - BOARD OF CAREER SERVICE COMMISSIONERS September 17, 1987 REGULAR MEETING Tom Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEl- len Turner, Harry Fleenor, Jr. None Kevin sage, Police Officer Chairperaon Harry Fleenor opened the •eeting. A roll call vaa taken and a quorua vaa eatabliahed. co .. iaaioner Fitzpatrick .aved to approve the •inutea ot Auquat 19, 1987. co .. iaaioner Pokraka aeconded. The •otion carried. co .. iaaioner Turner aoved to approved the •inutea of Auquat 26, 1987. co .. iaaioner Pokraka aeconded. The aotion carried. Next it .. on the agenda vaa Aaaociation'a Choice. No Aaaociation Preaidenta were preaent. The next order ot buaineaa waa City Manager'• Choice. No buai-neaa vaa brought before the Board. Under co .. iaaioner•a Choice, Old Buaineaa, vaa the deciaion on the diaciplinary appeal t iled by Kevin Sa9e. Chairaan Fleenor reed the tindin9a, upholdin9 Chief Hol .. a auapenaion ot one day. !Vidence did not aubatantiate a leaaor aentence. co .. iaaioner Pokraka aoved to accept the deciaion. Co.aiaaioner Fitzpatrick aeconded. The aotion c arried. Officer Sa9e vaa co ... nded on hia poaitive attitude and coura9eouaneaa. For the record, co .. iaaioner Pokraka aaked that it be noted that the verbal deciaion on Gail carillio vaa 9iven on July 16, 1917 and a wr itten deciaion vaa proaiaed. Thia ia the tirat reqular .. etil\9 ot the Board aince that hearift9. Co.aiaaioner Fitzpat- ric aoved to accept the written copy. co .. i aa ioner Turner aecond The vote v a un niaoua. aion r Pokra~ .ov o cc p the bud- ntba ot M y, Jun , July nd Auquat. iVed. The ao ion rriecS. I • • • • • • The last order of business was an announcement from Commissioner Fitzpatrick of his resignation from the Board due to health rea- sons. For the record, he would like it noted, that he feels the Board is a necessity. When he started with the Board, he was told the a Career Serv ice Board wasn't needed due to Union negotiations. "I want it known that it is my own personal opinion that as for the organization and the individuals of this City, most are very dedicated people, some are not, but I think that if the City would handle things properly, proper methods of changing that would occur. I believe that individuals that have an appeal or do feel they have been wronged, being a working per- son cannot afford to go to the courts and it this Board were to be done away with, the only way they could go is the Civil Court and who could afford that. The other thing it would do is drive the organizations to become members and part of National or- ganizations. I have lived in this City !or 33 years and I think the City could on its own with a few changes, take care o! ita own and straighten things out for itself in a reasonable aanner. Many times when you go to National organizations, they are not familiar with what goes on locally and they don't really care." Since there were no unscheduled visitors, the meeting was adjour- ned. The next regular meeting was set !or September 19, 1987 at 6:30p.m., in the Council Chambers . - I. II. Ill. • • • 9 ENGLE WOOD HOUSING AUTHORITY Board o f Commissioners Regular 11eeting September 3 0 , 1987 The RPgular ,.._ettng of the Engl.wood Housing Autho rity Board of Co••isstoners was called to order at 6;30 p.m. on Swpt-ber 30, 1987, at Simon Center, 3333 South Lincoln Street., Englewood, Colorado, 8 0 110, by Thomas J. Burns, Chatrman. "--bers Present; Also Present: A. July 29, 1987 " Thomas J. Burns, Cha rman Bradley Z teo, Vi ce Chairman Norl .. n Palmer, Comm t ss 1 oner Gary L. ozace , co .. tsstone Ray J. Berlin, Co~t sstoner Alan 11. Feinstetn, E~ecuttve Otrector an I . • • • EHA BOC Regular Me e t1ng 09,;30/87 VI. lhp E.1< c ut.tve Dtrect.or informed the Board that Vernon <Buddy> Laws on wa s pla eu on te•porary rlisab1lity ef feet 1 v 0 tober l, 1987, duP to he a I th prob 1 Pms. Long Term Otsabtltty beneftts are anticipated to begin ar·ound Apri 1 I, 19B8 and ontinue unti I Buddy is no longer totally rli s abled or for 4 years. Mr. FeinstPin told lhP Board that Buddy had donP an e1< ellent JOb as onp of the Englewood Housang Authoraty's ma1ntenan e workprs especially laying carpet and linoleum t.tle. Mr. Lawson also trained one of the other matntenancp wo rker·~. to do ~t~uch of this work 1n anticipation of hi-; dtsabtltty. The E~<ecuttve Dtrrctor stated that anstead of rcpla ing Buddy Lawson wtth anothrr maintPnanLe wo rker, the nglewood Hou ,.tng Authoraty antends to ontra .t wtth a ustodial ftrlll to do routin leantng task s. Matntenance workers wtll, 1n the future, oncentrate on preventat1ve •a•ntenan e work. Rehab is Vf!'ry busy currently wtth a fulls hedul .. of fa•il• s be1ng assisted. The -abile ho.e proJPtt 1s ewpPri nc1ng o~ diff1culty 1n locating three-brdroolll untts at an affo dabl pr1 Th c, ty of r19lewood r I!IVed R nt.al RE"hab fund. 1n th ~unt of •:so,ooo as •n oll I o taon froM th Stat of Colorado, Opl. of 0 •• Aff0111r . In ddit1on, tht> Stat DIVl I On of HoUSing nttc1p ted th .. t f1vr S ton 9 Hou 1nq Progr•• vou h r NOuld b provtd t1 til th ngl od Hou ang Au tho •tv for u an the RPnt 1 Heh b Progr •· DISCUSSICW IT A. Upd t on und t 1011 Prop t 1 •• n 1 t. I • -• • • EHn BOC Rrgul~r Mtq. oqt 3 018'7 U. A11gu s t 26, I ..,.8'7 MQ!ION IT WAS MOVED OV NORLn.N PALMER TO APPROVF THF MINUTFS OF TH . R GU I AH ME TrNG OF TH £:.NGLlWOOO HOUSING f\UTHORllY BOnRD OF COMMI SGIUNFIIS HELD f\UGUST 26, 1987. RRAOL .Y 7 1EG SECOND ED fHE MOTION. nyPs: Nays: Absla1nec1: Ab s nt: B111 n o;, Z•eg, Palmer, B r l1n None Koza Pk Non p lh£• Chairman der l.uPd thr mnl1on c rr •rc1. r . S p t ~mb r 4 , I 9fl7 MOTION Jl WA S MOVED BY GARY L. KOZAC K TO t'IPPROVF Tl -MINIHfS 01 · lilt !>PF C inl I'£El I Nl) OF T NGl. WOOD HOUS I Nf; AUTHOR 11 Y EKJI'IUO OF IJMM IS!; I UNt-U~i HELD . Pl MBER 4, IY87. BRADI E Y /JrG SEI'UNI)f.:-0 1111 MU I ION. Ay ~: N y : AbstaJnPd: Ab nt: IV. v. Burn , , o., ac " , Z 1 q, 0.• I 1 n Nont> Pal"'f'r Non lh :ha1ra n d lar d lh -o •on r o 1 l••rl. VI I TOR'.; 111 itll'ot he lui• d wl ooo lh r '"' t t'wontl II• ,, •• 11111 ' .-, " ••• • .... ,. t f• ..... , ~ 'I ll11 • II t It I ,.. I. f ltt '. ' I •• ,. ., ••••• w .......... . loltltlt,.J o•.t ltot tlu • .... ' . . ... . ...... I • • • EHA BOC Regular Meeti ng 09/30/87 IT WAS MOVED BY BRADLEY ~IEG TO ADJOURN TO EXECUTIVE SESSION AT THI S POI NT OF THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD SEPTEMBER 30, 1987. THOMAS J. BURNS SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Zieg, Palmer, Vozacek, Berlin None None None The Chairman decla red the motion carrted. t'Q!!OO IT WAS MOVED BY BRADLEY Z IEG TO LEAVE EXECUTIV SESSION AND RETURN TO THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF C~ISSIONERS HELD SEPTEMBER 30, 1987. GARY L. KOZ ACE SECOND D THE MOTION. Ayes: Nays: Ab st. ll'lttd : Absent: IT WA S HOUSI Burns, Z uro, al• r, •ozacvl. 8 r lt n None None Nonv The Cha r•an d c la d the lt n c ar r ted. ON , l \1 I • EHA BOC Regular Ntg 09/30/87 • • • The Executave Director explained that the letter to the Director of the Office of Public Housing at HUD responded to HUD's letter of August 24, 1987 concerning the EHA's audit for the period ended Dece~er 31, 1986. The letter to HUD advised the• that the EHA h•d t•ken •ction to correct the six fandings included in the audit for FY '86, NOTE: Letter received fro• the Director of the Office of Public Housing at HUD dated October 6, 1987, stated: "B•sed on your response, we were able to close Audit Findings Nu.Oers 1 through 6, This s•ttsfacto ri ly resolves •11 findings included in the report." The Executave Darector explaaned that current RRP polacy requares that RRP funds be repaid by all anvestors at a 3~ per annu. interest rate wath prancapal and accrued inter .. t due and payable ten ye•rs after the loan closang. It wa s the reco ... ndataon of EHA staff that the RRP polacy be ~dafaed so that all non-profat 1nvestors leQ•lly d ftned a l(c)(3) tax xeept <a.e. WHE and the £HOC) agr to a ten-year lan ng lien at • OX ant r st rate repayable the ev nt of sale, other tra of the property. • 0 Darector explaaneo that fo a lnv tor, the 3X ..c>uld go a lonQ -Y .. antaaning and rehaballta tlng the And fu ther that th HA thts I • • • FHA ROC Reguld r Ml q 09/30/87 VI I. VI I I. I X. f Noted wtth hrref" dtscusston regard&lli.J rndtvtrJr,,,, l l nP items on P>epenses and lnlPrp t e arned . llr s ru <>-.to n ensued r·egard tnq thp f\CC f"or R rmon Cenlpr and bnnfl r, for Puhlir Hou<;tnq l'rnJecto;. Al s o di•;cu s <>Pd wPrp l hr• t .. o unf"tntshed units on the <>evPnth lonr at Or hard PlarP, and f"intc;hinq thpm wtth fundr, f"rom anothPr prof)ram. ThP o-nts onta tned tn thp tPport of IIUO llnu s •nq Manag ~111ent Specta l•st on the S t.l1on 8 F>e. prof)f'ilm •, ., ... , di s US!>ed rel.jar·dinq the varrous lot.alton<; of o ff~r·p spac p for the> houstnq author rly OJJ«:>r attrlll, IJr.>rnq rufllber ">OIIIP. Thp bpnefrl o; r elalprl l o huvtnq thr• Hou s 11uJ Dtvtston lo o..~ted at th• tty h II hutldtn4 wr>r l' r pv•-d . GL NrRf\ ll I CUSS 11)111 A. hotcp I hf' NAHno o-1 £•1 Ollf' c;' I ,-. dl'r •.Ill 1 f 'o nf ,, t'lll I' h I tl rn AnahPtM, Colltforr11 July • 0 to Auqu •.t i', l'lfl"l , .. ar. dt ~ u o:. ~ g.v·drnq rn•.ur ,u •• '"' h r• co,.., '"J tOn£1r q . II. Dtrp tcr '•, Cho11" Thf' >CPtUt.tv of t.h onrt-n ..t'lach c ou ld bn ·• lot on NhHI of ·.t ,lf tho\t. uht b h n t of Orr 1 o tnfor tJ t111 •o-. r •'•"'''''' tron of hour,r • lr)l olt.l•tl '" I 11Qir• .. •ot1 CI "' d .1•. • pn •,•.rltlt• .u '''"'''''"" lor to bualfl. It .. t.h ''''"" ll ltl uon n b I off 1 11 a ·· fl • 11 111 •r of 11 • u .. , I lfl Itt U 1 14 •t I"' v ''""''h·• ""'' ' l f(IIJI Ill I Ill C• I I, C ll '·"'• ''I I - EHA BOC Regular Mtg 09/;f0/87 • • • IT WAS MOVED BY NORLEFN PALMER TO ADJOURN TO EXECUTIVE SFSSION AT THIS POINT OF THE REGULAR MEET lNG OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF C~I SS IONERS HELD SEPTEMBER 30, 1987. BRADLEY ZJEG SECONDED THE MOTION . Ayes: Nays: Absent: Abstained: Burns, Zieq, Palmer, Kozacek, Berlin None None None The Chairman declared the ~tion carried. ~!!~ IT WAS I'IOVED BY NORLEEN PALMER TO LEAVE XECUTIVE SESSION AND RETURN TO THE REGULAR MEETING OF THE NGLEWOOO HOUSING AUTHORITY BOARD OF C091ISSIIJNERS HELD SEPTEMBER 30, 1987. RAY BERLIN SECONDED THE MOTION. Ayes, N.yli: Ab-nta Ab•t•iflltd: Burns , Zieg , PaJ~r, Koz• ek, Bertan None None No.-- X. I T WA6 M0\.4£0 8V N0At. N PAl. EJG..Ewooo HOUSING AUTHORITY ~D T MOTION. ~. Neysa ,_sent, -t••Nid• t'QT!QI!I :A TO AD.JOUAN THF REGULAR ME T J NG OF T HELD PT" R 30, 1997. RAY RliN lin ul I I t1 ----- -7 -I • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 South Sherman-Englewood, CO 80110 Minutes October 14, 1987 Board Hemb rs Pre nt: Bo elli, Ciancio, Coleman, Green, Otis, Pendleton, Tomooka Board Hemb rs Abs nt: Hale Staff Present: P nny Dietri c h Cu t Doroth Delquiat, Dick Hinaon, Ann Sperlin Th r ular ~ tin o ard 12:0 P·•· ood town Dev lop.ent Authorit ord r b Chaira.n Den Cr n, at r n, te, d. 9 d I • Minutes October 14, 198 7 Page Two CHAIRMAN 'S REPORT • • • Mr. Green introduced Ann Sperling, Partner, in the Trammell Crow retail operations in Denver. She explained the Englewood Marketplace project to the Board in terms of location, and tenants. She also indi- cated that Trammell Crow looks for infill areas with dense populations, then focuse on obtaining an an c hor tenant to draw other sull re- tailers to the area. The construction for Englewood Marketplace has begun, with th of fi cia l ground breaking scheduled for October 22, 1987. Ms. Sperling also indicated that th "Harks" on th ast edg of downtown Englewood is a v ry successful residential unit, with the second phase already und r construction. At buildout, there will be over 600 rental units. This will have a good i~~pact to the dovntoWII area in teru of brin ing .ore population to the area. Thia has be n a ood location for Trallllll!ll Crow. Th four tenanta to date that have sign Mark tplac ar : Children ' ,000 qu r r l; P nd r ca Auto Parts with 5, 00 squar Tr 11 Crow n rally d c nters. Hr. Gr n th nk d Ms. J ct, and a aur d h r in ny way aalbl r r t Oth r 01 Palac St [ r 1t tn d updat to th pro- vt.llin to h lp n o this proj c . I - Minutes October 14, 1987 Page Three • • • Urban Renewal Authority -Dick Hinson gave an update of the activities of the URA. Lin cor -the closing date to sell the property to Lincor has been postponed from November to January, 1988 . The Developer is still trying to co nfirm a major anchor tenant for this old King Soopers site. The new owners of Trolley Square are aggressively trying to find tenants for the building . Other -The Budg et Sub commi ttee has requeated the Board to list the publi c improvement projects that an get acco.pliahed in the downtown di s tri ct, and then to prioritize the. for future budget prioritiea. In Nove~e r, the committee will pr sent a propoaed bud&et for 1988 for approval by the Board. Hontgo ry Ward s i a op ning on Noveaber 6 wi th a co.p letely renovated ator in Cind rella Cit As th re was no further busin , th .eeting va a adjourned at 1:40 P·•· I . • • • Englewood Parks and Recreati on Commission Minutes of October 15 , 1987 The regular monthly meeting of the Englewood Parks and Recreation Ca..is - sion was called to order at 5:35 p.m. by Chairman Poole at the Englewood Municipal Golf Course Clubhouse. Members present: Bradshaw, 8raucht, GoMes, Higday, Neyer, Poole, Wiggins , Kuhn, ex officio Members absent: None Also present: Stefanie Pillow, Former COMMission Me•ber Jim Kavinsky, Parks Superintendent Chaina~n Poole asked if there were any additions or corrections to the minutes of SepteMber 10, 1987. There were none . A MOtion was made and secon - ded that the minutes be approved as presented. The MOtion passed . let it be noted that, due to a schedule conflict with staff because of the CPAA Fall Conference in Copper Mountain, the date of this Ca..ission meet - ing was changed from the regularly scheduled date of October 8, 1987 to Oc- tober 15 , 1987 . Director Kuhn reported that annual progr~a fee surveys have been mailed to six metro area recreation departments, and staff is now in the process of ca.piling the results to present to the Ca..ission at the Nove.ber .. eting along with reca..endations concerning progr .. fees . Kuhn stated that field rental charges will also be discussed . • I • I . • • .. raised in the nursery to a caliper size of 3" and mately of $300 each . Kavinsky stated that fund ing provided by lottery money. Kavinsky reported tha t closed the week of October 19 for the Winter. current value of approxi - for these Fall projects was the park restrooms will be Director Kuhn reported that due to Council's request to reduce personnel at the administrative level because of budget constraints, and after .uch deliberation, the decision was made to eliminate the position of Recreation Superintendent effective January 1, 1988. Director Kuhn reported that interviews have been conducted for the posi- tion of golf manager. The position will be offered to Don Allard, for.er City Manager of Arvada. Kuhn stated that current acting pro, Mark Kindahl, will reMain as golf pro . Discussion ensued with regards to duties of the golf •an - ager and the golf pro, and the salary expense to the City for these two positions. There was considerable discussion with regards to the Parks and Recre - ation Ca..ission liMiting their role to reca..endatlons concerning policy rather than involve.ent in ad•lnistrative affairs and details of depart.ent operations. Director Kuhn discussed possible personnel and progra. cuts in the event that City Council does not approve a sales tax increase. So.e of the -.jor cuts that would be considered are eli•inating the entire greenhouse progra., eliminating rather than filling the recently vacated CSW IV position, cancel - ing the su..er Sinclair pool operation, eli•tnating the su..er dr ... progra., closing the Recreation Center on Sundays during Su..er ~nths , and closing the operation of Miller Building which would include the arts and crafts progra•s . Ca..issioner Neyer suggested other alternatives to cancellation of these pro - gra•s, such as increase progra. recovery percentage, and solicft sponsorships to cut costs for printing of the progra. brochure, scoreboard replac nt and upkeep, etc . I - • • • • Kuhn reminded the Co mmissi on that the construct i on of the recreation center was voted on by the ci t i zen s of Englewood and t he bond issue payment figure should not have been i ncluded in the total budg et figure by William Clayton, Jr ., who wrote the letter . The meeting was adjourned at 8:00 p.m. linda Wilks, Recording Secretary . ' . I . - • • • •' • ENGLEWOOD LIQUOR LICENSING AUTHORITY October 21, 1987 The meeting was called to order at 7:35 p.m. by Chairman Styes. Present: Waddell, KcL1ughlin, Bo1rdman, Lunders, Styes Absent: None The Chainaan decl1red a quoru. present. Also present: Charles Gri-., Leg1l Counsel P1trici1 H. Crow, City Clerk * * * * * MEMBER MCLAUGHLIN MOVED, BOARDMAN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 7, 1987. Ayes: Widdell, McL1ughlin, Board•an, Lunders, Styes N1ys : None Abshin: None Absent : None Motton carried. * * * * * Discussion tnsutd regarding the Brief in Support of Motion For Prel1•1nary Injunction in th .. tttr of Araps Old Gun Shop Eatin ' l Orinkin' as filed by the attorney for Araps . No action wa s taken by th Authority concerning th is atter. T Author ty r * * * * * vtd the follow ing it s: City Cl r relativ to a r ques to conduct a liquor tast test a • • • r, I 7. I Englewood liquor licensing Authority October 21, 1987 -Page 2 • • • Jon Stonbraker of Dill, Dill & McAllister, representing the applicant was present. Chairman Styes stated, for the record, that the two members of the Authority who had been absent on September 18, 1987, had read the minutes of the subject meeting and had listened to the electronic tapes of the meeting; it would be their prerogative to vote on the matter at the appropriate time. Mr. Stonbraker recalled Max Scott of Oedipus, Inc., the marketing research firm which conducted the petitioning on behalf of the applicant. Mr. Scott was duly sworn. Mr. Scott testtfted concerning his employment by the City in 1978. His current fee for petitioning when arranged through the City Clerk's office is SI,IOO and he is required to .. ke at least 800 door knocks with 480 qualified contacts, said contacts are screened for being parties in interest. Mr. Scott also testified as to hts expertise in this field and he described how the survey had been conducted. In response to a quest ion fro. Me~r lunders, Mr. Scott conftr.ed that his contract with the City of Englewood was a verbal contract, that he felt the surveying his co~any did was done on behalf of the City, not the applicant. Discussion ensued concerning the map and whether the .. P should include infor.ation on similar -type outlets with in the neighborhood boundaries. Mr. Scott was of the opinion that generally speaking the inhabitants of the designated boundaries are aware of si•ilar-type outlets. Mr. Scott stated that for this survey they had screen d 449 people who were parties In interest. Mr. Scott stated in his opinion 449 qualified contacts represented a fatr percentage on which to base the results; .. ny polls are conducted wtth a s .. ller percentage than those used for this survey. There were no other questions of Mr . Scott . Attorn y Stonbraker reiterated his concerns over the previous d nial of th is application, stating there reno protestors . He also stated that If t dental re based on th pettttontng procedure, It was the responslbil ty of the Authority to stabltsh or change those procedures prior to th act, no during th public artng . Ht requested that the Author ity grant th ppltcation previously filed by tro Ott . n oppo lto to th f t I • - Englewood Liquor Licensing Authority October 21, 1987 -P1ge 3 Absent: None Motion carried . * * * * * • • • Further discussion with Mr. Scott ensued with reg1rd to the petitioning procedures. Mr. Scott offered to assist the Authority in developing rules 1nd regulations to refine the procedure. * * * * * The Authority recessed at 8:26 p .•. , and reconvened at 9:00p .m. with all ~rs present. The Authority discussed at length the status of Mix Scott, whether or not he is an e.ployee of the City and whether or not the petitioning if done by Mr . Scott on behalf of the applicant. The petitioning fo~t and .. thod of surveying were further discussed. MEMBER MCLAUGHLIN MOVED TO ADJOURN. The ... ting adjourned at 9:2 5 p.•. ... • • • • MIHUTES H6l£UOOO PUBLIC LIBRRRV RDUISORV BOARD Hou~ber 10. 1987 lh regul~r "eeting of the Englewood Public library Advisory Board wa s c ~lled to order by Uice-Chair~n Rl Quaintance at 7:32 p ..... PR£S [Hf: Rl Oua1ntance. Betty Dounay, Uirginia Johnson, John Peterson, Joe Rathburn. Gerald ~pson, loi s Sterling R[GR£15: Bruce Hogue , Beu Si,.,on RLSO PR£5 HT: Susan Uan Dyke, Ctty Council Representative Mr . Ken Haraldsen S haron Utnkle . Otrector of Libraries Donna Gottberg . Recordtng Secretary Roll c all wa s taken and a quoru... declared present. nr . Ken Herald en wanted to sit in on the Board "eeting and he r e c Dftt'lended that an rt1 l e entitled wl Lou Books• 1n the Readera Oi e a t be read . " • U1nkle di th d the "e t ng over to "•· Uinkle for the op i e o f the C H <Colorado [ndawftent for nt p ropo-1 . n a. Utnkl oeu beckground on th "a nte w uld b uaed s hould the Ltbrary b r uue 1 t. ' - ,.. r I • - • • • • lhe G;rardl[lati inter5ect&on s hould be COMpleted soon. The Llbrary/Ctty Hall ~•11 have gained a few parking spaces over the prevtous parking layout and the area will be better lit. Ch§1rnon•s Choice Mr. Quaintance noted that he received a copy of the EPL Celen~r for the ftonth of Hov~ber. Ms. Uinkle stated that the ftonthly calendar ~ill be ft8iled to all Contributor Club fteftbers beginning ~ith the Hov~ber calendar. Mr. Hogue left a copy of a questionnaire regarding Trustee Uorkshops frOft the CLR Convention to be duplicated end dt s tr1buted to Board "~bers this evening. "r. Quaintance asked that the se be filled out tonight and turned over to hift for "a1l1ng. Mr . Qua1ntance pointed out an article by Deputy State Librerien. Haney Bolt 1n the Centeno&ol new•letter of the State Library. The Board thanked "s. Dounay for the rcfrcshften R ht• evening. "a. Uan Dyke announced that there er 1 n.., Council "eftber•. She 1 look1ng forward to th c onttnued good reletion•htp with the Council . She elao plona to continu working with end •ttting tn on the Adv1aory Board fteettng•. "r . Hereldaen •teted that he hod recently pr•~nted • bookl t he wrote <on enhque f r" ft8ch nery) to the Library. He geve background anto has wr1t1nga. Ho unftna h d bu•tnc •· lh l r 7 we• bra fly dta u d . to l f • ' 7 t "· "-t? 7 ClRCULATIO Central Library Bookmobile DAYS OF SERVICE AVERAGE DAILY CIRCULATIO. TRAFFIC COU T (Mail L1brary) AVERAGE DAILY TRAFFIC COUNT CJRCULATLD TO ENGLEWOOD PATRO. S lice Terry chool: tn& • • • E GLEWOOO PUBLIC LIBRARY Selected Statistics October 1987 16,925 (25,017 1)• 9,265 ( ) TOTAL: 27 27) 970 927) 20,912 (21,005) 775 77) TOTAL: 26,190 (25,017) 20,436 (19,454) 1,151 ( 1, 46 ) 7 25 ( 1. 4) TOT L: 1,876 ( 2,310) it • Juv. 115, 410 ite•s TOTAL: 118/418 1n 1uded bove) 5 I 232 s 1) 23 ) 2,;! (2,13) 2 ( 273) TOT L: 13 ( 1 ) TOTAL: 3, S ( 2,436) 5,754 ( s,s 3) l) TOTA 2nr-T2427) ll 1323) .. !) (3750) l 10 ) (5 ) I . • -• • • , --- RN>I S OUTS I DE CENTRAL LIBRARY Children's Department Bookmobile s tory t i mes Bookmobile Librarian's visits to classes Cla ss visits to Bookmobile Chi ldren's Lib. vi si ts to classes Profe ssional meeting CU RRENT ACTIVE REGISTRATIONS VOLUMES I COLLECTIOS 23,798 ( 18,841) 10 2,316 (104,004) LIBRARY MATERIALS Book s 01 Record C ette Mtcrofllm \'id c s tte C011p c t DlScs RLH '\UL nJ \OLU I .l R : 10/ a surer's Offi ce TlB)) ervtc ) .. VOLUMES ADDEO 642 (319) 1 ( ) 44 ( 35 ) 7 ( ) IS ( ) 6 ( ) $23,772.93 s 1,05 . 6 2 ,27 1 . 1 ,501.64 46 5.9 1,000.0 161.3 2 0.19 3.0 1 • 6 41 2 4 Ntn.lBER ATTENDANCE ( 4) 83 ( 64) ( 31) 1039 (785) ( ) 56 ( ) ( 1) 77 ( 25) ( 1) ( 30) VOLlJ4ES WITIIDRAWN 200 (758) 1 ( 49) so ( 1) ( ) ( ) ( ) ($23,474.68 ) (S 62:> .45) ( 2,949.10) ( 18,966.6 ) ( 263.05) ( 506.50) ( ) ( 4 .70) ( .00) ( 34.20) ( ) .. , I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COfiUSSION November 10, 1987 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Co..ission was called to order by Chairman Carson at 7:00 p.M. Members present: Such, Barbre, Mulhern, Russell, Carson, and R011ans, Ex -officio. Members absent: Allen, Hanson and Jolk. II. APPROVAL OF MINUTES. OCtober 20, 1987. Chairman Carson stated that the Minutes of October 20, 1987 were to be con-sidered for approval. Mulhern 110ved: Russell seconded: The Minutes of October 20, 1987 were to be approved as written . AYES: Such, Mulhern, Russell, and Carson. NAYS: None . AISTAIN: Barbre. AISENT: Allen, Hanson and Jolk. Ill. FIIDIN&S OF FACT. Chairman Carson stated that the Findings of Fact for Rocky Mountain Construc - tors, Case 116 -87, should be considered for approval. Russell 110ved : Such s conded : That th Findings of Fact for Roc~ Mountain Constructors, Cas 116 -87, be approved as written . AYES: Such , Mulh rn , Russell and Carson . NAYS: Non • AISTAIN: 8arbr • AISfNT : Al l n , H n on and Jol v. DIIECTOI 'S CHOIC(. . l . 9 I . -• • • job would require his missing Planning C01111tission meetings when he accepted the appointMent. Mrs . Romans said that the City Council had .aved its meeting to November 17, so she suggested the Co..ission .ave its Meeting to NoveMber 24. The Commis-sion agreed. Mrs. Ro.ans reported that the Arapahoe County Co.missioners have prepared the requests which will be subltitted to the Highway DepartMnt for the 1988-89 Work Progra•, and several of Englewood's requests were added, including the study of Ha~en (U.S. 285) fro. University to Santa Fe and of Belleview fro. Clarkson to Federal. VI. CONNISSIONERS' CHOICE. Mr. Carson stated that Mr. Maunakea had passed away on Novellber 7 and said that Mr. Maunakea greatly appreciated the Certificate sent to hi• by the City a few days before hfs death . He said that a plant had been sent to Mrs. Maunakea in the naMs of the Co..issioners and the Staff . VII. ~. The Meting adjourned at 7:35 . ....lk~~_...<L/' ~hery1 ousSes, Recoi"dfng secretary • l • • I <R>DWCE NO. SflUES CE 1987 • • • 9 <XU«::L BILL NO. 73 Il'mUXaD BY <ni«:IIL MI!MBI!Jt VM DYJCE AN <R>INNCE APPROVD«:i mE ~ I!E'niEPM 'l1IE CI'IY CF P1G.fXXI) PUBLIC LIBRARY AND 'mE ARAPAIIE LIBRARY DI9nUCT ro PRJiliDE LIBRARY BmWICES Pm RESIDENI'S CF OC1rn JURISDICTIOOS. WHEREAS, annually the Engl~ Public Library and Arapahoe Library District enter into an agreerreut whereby EngleloiOOd agrees to provide library services to the residents of the unincorpcrated areas of Arllpllhoe County and those nunicipalities within said county not q~eratinq their own public libraries, and the District agrees to provide library services to residents of D'IC]lewood; lUi,~. BE IT~ BY 'niE CI'IY <nH:IL Cl mE CI'IY CF ~. ca.cJIADO, THM': Sectioo 1. 'nle attached agr at, inccxporat:.ed herein by reference, hl!l~,.;nt~the!li!C:clrtty of Englewood Public Library and the Arapahoe Library Diatrict for the calendar year 1988 is hereby ippl'O\I'IId. Sectioo 2. 'nle Mayor and City Clertt are hereby artla:iaed to aiCJn and a t aata A9i'Mneu for and on behalf of the City Q:lunc:il and the City of Englewood. No\IOIIII:IItt , 1987 . n full, and on f irat l'Md1.n9 on the 17th dey of Pub1 ahlld • B 11 foe ., Or:d.1 on the 18th dey tD.-ber' 1987. l 7. by iland on 7th 0 1 7, on 9th I -• • • AGREEMENT ~ LIBRARY SERVICES THIS AGREEMENT, aade and entered into on thh _____ day of ---------------' 1987, by and between the ARAPAHO! LIBRARY DISTRICT, hereinafter aoaetiaea referred to as •oiatrict•, and the CITY or ENGLEWOOD, a aunicipal corporation of the State of Colorado, hereinafter aoaetiaea referred to as •city•. WI'I'NESSITHz WBIRIAS, the Arapahoe Library District, being a statutory library dhtrict organised and existing pursuant to Title 24, Article 90, Colorado Revised Statutes, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those aunicipalitiea within said county not operating their own public libraries, and WBERIAS, the City of ln9lewood operates a public library within ita corporate boundaries and desires to cooperate with the District in providing library service to District residents according to the teras and conditions as set forth below, and in accorda nce with applicable statutes of the State of Colorado, a nd WBIR!AS, the parties have contr a cted previously for a cooperative approach to provision of said library secvicet and ct eire o continue provlctin9 eaid .. rvicet between th City and th Olattlc: 1 0 THI IPO pr«Mala • hettln, i 18 fOll It , for and ln consideration ot he autual h d by and bet n th partlet here o I . -• • • 1. The District shall circulate to library cardboldera of the City of Englewood any itea available for circulation froa the District's library facilities, and the City shall circulate to library cardholders of the District any ltea available for circulation froa the City's library facUlties. Both the District and the City shall aalntaln circulation records for said transactions and shall aubait such recorda to each other on a quarterly basis. Within 30 days after receipt of said reports, the nuaber of transactions reported by each party shall be coapared, and payaent for the net difference between transactions shall be aade at the rate of fifty-five cents U.55) per transaction by the library with the lesser circulation figure to the library with the greater circulation figure, subject to the provisions of paragraph 7. 2. The tera of this Agr .... nt shall be froa January 1, ltll through Deceaber 31, ltll. During said tera, all qualified cardholders for both the District and the City libraries aay use reciprocal borrowing at both the City and the District facilities, and said cardholders shall be subject to all applicable rules and regulations associated with the use of such hcllit1 s. I h understood between tbe parties hereto that th District shall not recei•e any equity in book atoc or in any of th Cl y'a ltbrary hclli lea by virtue of the teras of thh Agr Cl y shall no r cehe any equity in the boo stoc or ln any o th D • ric '• library fac111 ies by virt of I • • • • 4. The District shall have access to City library recorda due ing nor11al business hours for the purpose of verifying all figures supplied to the District by the City and the City shall have access to District library recorda for the saae purpose. 5. During the ter• of this Agree•ent, the City shall, at ita option, provide once-a-week Boot.oblle service at the Allee B. Terry School. Circulation service provided at thh atop to Arapahoe Library District students enrolled at the school will be reported to the District foe relllburae-nt to the City at the rate of 27.5 cents per loan. Circulation service provided at the Sheridan Library to Englewood students enrolled at Sheridan High School will be reported to the City for uillbuu.-nt to the District at the rate of 27.5 cents pee loan. 6. The four public lib rae iea in Arapahoe County, Aurora Library, Edwin A. Be•ia Library (Littleton), Inglewood Library and Arapahoe Library District ace participating in a project called APAL --Arapahoe Public Access to Libraries. In order to ad•iniatec county-wide projects such aa joint progra .. ing, collection develo~ent and training, each library will deposit a •utually agreed upon a.ount not to eac .. d fl,OOO in a restricted fund held and ad•inilt r by the Arapahoe Library Dil clct. Tbe Inglewood Public Library contribution will be deducted tea. the Arapahoe L bury D attic 'a first quarter reciprocal bocrowln9 pa~n and plac in h rea rlcted AfAL fund. 7. c ua of • chan9e in th r clprocal bore o th C ntral Color o Library lyat , no pa nt bore 11 ln by h ct l 1 of Lit la on. lnt protr or r ciprocal ood and I • • • • • Aurora for the reciprocal uae of each other's libraries. It ia reasonable to offer a certain aaount of service without charge in the naae of library cooperation, and the APAL directors have eatiaated this aaount to be aoaewhere between t and 10•. 'l'herefore, in order to include the District in the benefits of thla baae level of service being given without charge a.ong the other APAL libraries, the District ahall receive a credit against any payaent due the City for the final quarter of thia Agreeaent in the ..aunt of 9.51 of the payaent otherwlae paid or owed to the City during the entire tera hereof, includiDCJ the fourth quarter. Ill WI'l'IIISS WBIRIOP, the parties have aet their banda and aeala below. AftU'l'a UAPUOI LIIMU DiftlliC'l' ·-~~0-.. ctpo~ Secretary, loard of 'l'ruateas ATTIS'l'a CI'l'Y or PIGLIIIOOO ly ______________________ __ City Clult I . • • • ..... -, ... STANDARD DISCLAIMER Notwithstanding anything contained in this Agreeaent, the other party hereto acknowledges and agrees that no covenant, agre ... nt or obligation of Arapahoe Library District ( •ALD•) under this Agreeaent shall be dee .. d to be a covenant, agree .. nt or obligation of any present or future trustee, director, officer, .. ployee or agent of ALD in his or her individual capacity and neither the aeabers of the governing body of ALD nor any trustee, director or officer who has executed this Agre ... nt or any a .. ndaent or addendua thereto, shall be liable personally thereon or be subject to any personal liability by reason thereof. Sf:«~ Klrry Leopold, Jr . Secretlry, Bo1rd of Trustees AriPihoe Lfbr1ry Dis trict Joyce E. Lottner President, &o.rd of Trustees AriPihoe Lfbr1ry District I • • r • • CRlllWCE NO. tfl & SERIES~ 198r- • • • BY Al111DU'IY AN CRlnwcE APPROI.'Dl:i ~ ~.35 ~ PAICEL "C• ro sxmt AAAPAIIE SANITATI~ DIS'nUCT'S ~·s AGREEJoWNr WI'l1f 'mE CI'IY CE' f2iG.J'XXD 'ID ncLUDE AOOITICfiAL LAND wrmiN 'mEIR DIS11UCT l!aH:WUES. ~HM:AS, South Arapahoe Sanitation District desires to annex an additional area approximately 1.036 acres into its District; and WHEREAS, said area is now zcned for sif19le-flllllily residential uae; and WHERFA'>, said annexation of thia additional parcel of land will not increase the ap alloca ion to the South Arapahoe Sanitation District; and W!imFAS, it is necessary for said District to amend its contracts with the City of Englewood to annex this land within the District; 10'1, ~. BE IT ~ BY 'mE CI'IY CXXH:IL CE' THE CITY CE' EN:iLEl«XD. <XJ..CRioDO. tha : 'ftle the City of !n:jlewood and South 9 a ion Di tri en itlad ·~1 ~.35 for Parcel "C" to the IJI[Jlreeae,t • for annexation be and here by is approved. A copy of am--•t-tached hereto and inoorporatad herein by reference. Section 2. 'nle Mayor and City Clerk are reby authorized to aign and d t for and on f of the City Council in full, and 17th of P\bl tor an Or:dinat'ICe on Noii'IIIIOe.r, 1987. on tul&l. 0 1 7. -· I • - -· • • • • SUPPLEME NT NO. TO CONNECTOR'S AGREEMENT THJS AGREEMENT, ma de and ent e red into by and between the CITY OF ENGLEWOOD, acti ng by and t hrough its duly author i zed Mayor and City Clerk, he r e ina f t er c alled the "City" and SOUTH ARAPAHOE SANITATION DISTRICT, Ar apahoe County, Colorado, hereinafter c ~ll e d the "District ," WITNESSETH: WHEREAS, the City and the Dis t ric t have en te red i n to an Agreement dated June 19, 198 4 , in which the Ci ty h as agreed to treat sew11.ge originating from the District 's sanitary Sewer sys t em within the area serv ed by t he District; a nd WHEREAS, sa i d Connector 's Agreement prov ides that the District may not enlarge its service area wit h out the written consent of the City. N THEREF ORE, in consideration of the mutual covenants and undertak i ngs h e r in s et forth, the parties agre as follows: 1. Th Ci ty he r by c on s ents o h i nclu sion o f c erta i n add i t ional rea loc d i n Arapahoe County, Colorado, ow n d by C 1 bri y D v lo n Corpora 10n, 2525 5 x , su • , Colorado 8021 land or fully d scr b d on Exh b1t A • ach d h r to nd 1ncorpon d h r in by r f r nc , n o Sou th ,.r p ho on Dh r1c • Th C1 y h aid d d y r v d w h s of 0 s c y w 11 e h r d n o • Ill in on c 0 cl JUI' 1 , 1 u . I • • -• • • Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated June 19, 1984, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated June 19, 1984, shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 1987. ATTEST: CITY CLERK (5 E A L) ATT Tz A L) CITY OF ENGLEWOOD By: ~MA~Y~O~R--------------------- DISTRIC'l' I • • - • • • • A TrtACT OF L~NO LOCA7~0 !N TXE SOU~HEAST 0U~R7ER OF SECTiON 31, TO\<."NSHI? 5 SOU'!!'!, R,;N~E 67 WEST 0! TH!: SIXTH PRINCIPAL M!?.IOI;..:J, COUN~Y OF ~R~?~~CE, S;A;E OF COLOR;..OO SEING HO~E ?;..?.7!C~L~~:y CESCRI:~o ~S rCLLO~S: 3'-S!S 0~ !EII.RINGS EE!~iG THE ::;..s; LIN:: 0!" T!'!E SOU'r~E,\ST Oli~RTE~ o: SECTION 31, SEIKG CCHS:OE?.EO TO EE~R N00.26'4~"E; COHH!NCINC AT '!ME SOUTHEAST CORNER 0~ SA!O SECTION 31; THE NCE N25.22'50"W A DISTANCE 0! 2~39.94 !"EET TO THE POINT OF EEG!NN!SG, S.\!D ?O!NT :SEING ON C!JitiJE; ~:WCE ALONG ;.. CURVE TO T:!E LEF7 Wi!O SE CE~TER !E~BS S12.39'<S"W, HAVING;, DELTA OF 18.3(')1", A RADIUS OF )10 .00 !EET ~NO A LEt!GTM OF 100.50 FEET; TriE:NCE N05.54'<6"W A OIST~NCE OF 170.00 ~ET; T~ENCE Nl6.18'57"W A DISTANCE 0! 102 .95 FEET; T:ENCE Nl1 .31'13"W A OIST;..NCE 0!" 29.06 r£ET; 7 ~E .C~ N79.22'34"E A OISTA'C! OT 57.57 FEET; THENCE S79.21'26"E A DISTANCE Or 113.62 FEET; THENCE S75.38'27"E A D!STII.NCE OF 31 .,9 FEET; TEENCE S15.36'08"W A DISTANCE OF 113.27 FEET; THENCE S2C.31'5l"E A OISTA~CE OF 86.91 FEET; THENCE S28.(9'52"W,; DISTANCE 0!" 109.27 fEET TO THE POINT OF !SEGINN 4NG, CONT;..! .. !.'G 1.0)6 ACRES . .. ., . I • • • • • SOUTH ARAPAHOE I SOUTHGATE SANITATION DISTRICTS HER IT AGE GREENS INCLUSION AND EXCLUSION VICINITY MAP 0 - • • • • • 9 CR:l11WCE 00. ?-/ SFlUES CF 1987 -- AN CR:l11WCE APPIV'JIH; SlJPPLEJ4I!Nl' 00. 34 PeR PAR:PI. •a• ~ 'niE &Xmf ARAPAR:E SANITATI~ DIS'l1UC'I" S ~' S 1tGRElM!NI' wrm 'l1iE CITY <F EKiL1HXD Fffi 'lliE EXCLUSI~ FRCM 'lliE lDml ARAPAID SNa'IM'I<Ii SfRVICE AREA. WHmEAS, SOUth Arapahoe Sanitatioo District desires elCIClusien of an area approximately 2 .669 acres from its District; and and ~. said ilrea is being developed for single-f.aily residential use; \IIIHfnAS, llid exclusioo of this parcel of land will not increue or decrease the tap allocatioo to the South Arapahoe Sanitatien District; and WHEREAS, i is necessary for said District to amend its contracts with the City of Englewood to ex:lude this land within the District; , ~. BE IT ~ BY 'mE ciTY cxucn. CI' 'DIE CITr CE' ~I CCJ.CRIU)O, tha : Sect ioo 1. t the City of l!hglewood and South IU'apah(le Sanlta ioo D1s rict entitled ·~1 t t«>.34 to Connector's Aqreemen • fo Parcel •s• and hereby is ~. A cxv.t of said agre 9 e:• 1.s at ached he and incorporated herein by reference. City Clerlt hereby aut.hocized to si~ far and en behalf of Ci y 1 87. and paned en first read.lnq en of 1 7 . 7 day 0 -1 - I • • - • • • • • Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated June 19, 1984, is hereby amended to exclude such area. 2. Each and every other provision of the said Connector's Agreement dated June 19, 1984, shall reaain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this ATTEST: CITY CLERK (5 E A L) L) -------day of---------' 1987. THE CITY OF ENGLEWOOD By=------~~---------------MAYOR SOUTH ARAPAHOE SAMITATIO DISTRICT ••. C.,.Lh, ciL~ P SIDE I • • • • • SUPPLEMENT NO. 3't TO CONNECTOR' S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF F.NGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the •city,• and SOUTH ARAPAHOE SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter called the •Distr~ct,• WITNESSETH: WHEREAS, the City and the District have entered into an Agree ent da ed Jun 19, 1984, in which the City has agreed to treat sewage or1.gina ing froaa the District's sanitary Sewer syate within he area served by the District; and WHEREAS, the individuals and/or business entities n&JDed herein b leN have pe ioned the District to have certain proper ~ 1 exclud d fr the D str1.ct boundaries; and WHEREAS, t.h par ies w~sh to acknowledge changes in the boundar~ • of h servic area and obtain th written cons nt of h c y for such changes; TH£RE 0 , in cons1d ra 1.on of the utual coven nts and - • • • • L~G~L D~SC~!?~ION - ?. ~C~L B l\ TR~CT Of LAND LOCi>..T~D IN T!-1!: SOUTHE.\ST QUAR"!!:R OF SECTIO:I 31, TOI-<"NS~!? 5 SOUT!i, RJ.~Gt: 67 ~::ST OF THE SIXTH PRINCI!'AL MERin;..:J, COUN~¥ Of ARl\?AHO!:, STi>..T!: o: COLORADO BEING HO~E PARTICUL:..RLY OESCRI!ED i>..S FOLLOWS: SAS!S o: SEl\~INGS BEING T~E EAST LINE Of THE SOUTHEAST QUi>..RTE~ OF S£CT!O. 31, BEING CO:-ISIDER£0 TO BEAR N00"26'H•t; COHM£,CING AT THE SOvTHEAST CORNER or SAID SECTION 31; !HE~CE 29")0'55•w A DISTANCE OF 1659.94 FEET TO THE POINT OF BEGI~NINC; THE.CE S85"18'0J•W A DISTANCE OF 131.05 FEET; THENCE N48"41'il"W A DIS7AoCE OF 192.71 FEET; T~ENCE 33"29'51•E A DISTANCE Of 235.79 :tET; THE.CE '52".;6'35•-, A DISTANCE OF 233.0 FEET; '!:~E.'CE N22"~3'20"E A DISTANCE OF 113.79 FEET; THENCE M70"3)'(2"E A OISTA CE Or 71.28 FEET; TK£NCE N30"40'27"£ A DIST.\NCE OF 12<.58 FEET; ~HC:NCE N49".;4'30"W A DISTANCE OF 23.26 FEET; THENCE N66"50'14"W A DISTANCE OF 7).95 FEET; THE CE N28"U'52"E A OISTA CE OF 29.27 FEET TO A POI TON CURVE; THENCE ALONG TEE ARC OF CURVE TO THE R!Ci!T WHOSE CtNTER SE~S Sl2"39'4S"W, KAV!.C A DEL~A OF 25"46'58", A RADIOS OF 310.00 FEET AND A LE~C:~ o: 139 .50 FEET TOTS£ POINT OF TANC£.T; THENCE SSl"ll'li"E A DISTA .CE OF _05.00 FEET; THENCE Sl6"0l'01"£ A DISTA C£ OF &S.Ol FEET ; THE C!: Sl •·6'4)"W A DISTA Ct OF 240 .00 F!:tT; !-.:: C!: Sl9"00'41•t OISTA C! OF 219.4) Ft£T : THtNCt Sl9"SS'S7•!: A OIST CE or 104 .6~ F~tT ~0 TS£ POI TOP BEGINNI C, CON~! 1 C l • U AC~!:S • r • C 0 U N C I L DATE December 7, 1987 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 11 (a) SUBJECT Standard Connector's Agreement INITIATED BY ______ E_ng_l_e_w_oo_d __ W_at_e_r_a_n_d __ s~ ___ r_B_o_a_~----------------------- Approval of the Standard Connector's Agreement ACTION PROPOSED'---------------------- Since Engl od began providing s~r service to districts outside of its cor - porate l1•its in the early 1950's, .. ny contracts have been written with the various districts . A Standard Connector's Agree~ent was adopted In August, 1983 to prov1d unlfo~ and consistent contracts for all the outside sanita - tion dtstr cts . The initial te~ of the Connector's Agree.ent was three y ars . I . - .. l • CRliNAN:E 00. 5miES <F 198-r-- • • • BY Al.n'll:Rrn A BILL~ CX:UCIL BILL 00.78 ~aJ AN CIIDINAOCE APP~ A ~I 5 ~ ~ ALL CUI'SIDE SANITATI<JI DIS'nUCTS ro USE '11fE Wo\S'l'EXli.TER TREI\'lMENI' PLANT OF 'mE CITY <F ~. ~. Englewood and Littleton jointly own and operate a waste water treatment plant and began providing sewer service to districts outside of its corporate li..mits in the early 1950's; and \IIDFAS, a Standard Connector's ~at was acklpt:ed in 1983 to provide ca'ISistent contracts for all the outside sanitatioo districts; and WHEREAs, the Wastewater Treatment Plant hired Black and Veatch Engineers to lllXtify the City's indlstrial pretreatment progr.a to meet D'A ~ts and Blaclc and Veatch have reoonnended the following changes be .-:te to the Connector's }lgreeaent so that such Al;reeneiats will oonf0011 to the D'A Standards; and N()of, 'l'HI!XEFCIU!:, BE IT~ BY 'mE CITY CX:UCIL <F '1'HE CITY <F I!KiiLI!MXD , a::u:R1.DO: Sectioo 1. Blac:lt and Yeatc:h reo ldli c::Nnging the CMlerllhip of the Bi-city 'fi"ea Plant ch now re.da the City to nNd jointly ~ and operated with City o Littletat. I . . . • • • 1'\mlished as a Bill for an Ordinance on the 9th day of Decentler, 1987. I s / Eugene L. Otis A'l"n!:ST: fii9i;ne L. Otu, Mayor Is/ Patricia H. Crow PatriCa H. Crow, city Clertt I, Patricia H. Crow, City Clerk of the City of Englewood, Colora&>, hereby certify that the above and foregoing is a true copy of a Bill for an Ck'dinanoe, intrc:xb::ed, read in full, and passed on first reading on the 7th day of~. 1987. Is/ Patricia H. Crow Patricia H. Crow I . • • .. CONNECTOR'S AGREEMENT Sewer Contract No . ______ __ THIS AGREEMENT, made and entered into this day of , 19 by and betwe n the CITY OF =E~N~G~LE~w~oo~o~,~C~O~LO~RA~DO~, a municipal corporation, hereinafter referred to as "City," actinq by and throuqh its duly elected, qualified and authorized Mayor and city Clerk, and a corpor tion ot the State ot Color do, herein fter called "District," actinq by and through its duly authorized and WITNESSETH WHEREAs, th City ovns and operates a • wage syst a, including a sew ge tr a n plant which ie jointly own d and operated vi the City of Littleton, eo eitu ted physically as to b able o r ceiv and the • wag 9 h r d by the District; and 1. • -• • .. - 2. In the operation of District's sanitary sewer system, District agrees that all applicable Code provisions and rules and regulations of City, including amendments thereto during the term of the contract, shall be the minimum standards for District's system. District further agrees to abide by all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or i plemented or upon notice from the City. District shall have the responsibility for ensuring that all users, contractors, and subcontractors are fully informed of, and comply with, all applicable rules, regulations and standards. It shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to the District; however, City does not guarantee the accuracy or coapleteness of government regulations other than the City's own regulations. 3. The City's permitting requirements shall be follow ed by the District and its users. All plans, specifications and aethods of work with in the District shall be submitted to the City in writing and approved by City prior to any construction or tap in the District's approved area. No perm i t shall be final and no service shall be provid d to property ;until construction is approved in writ ing by City. 4. District shall, at all tiaes, properly aaintain its sewer syst .. and shall rectify any probl .. s or conditions which have been deterained by District or City to be detriaental to City's treataent process. Should the City detera ine that any discharg ent rs th s w r syst contrary to gov rning law , ordinanc s, statu es, rules, regulation or perai s, District agr es to proc d at once to do wh t v r is n c ss ry o r c ity such condition. 5. I • • .. shall bill District user direct !or all City charges and those District charges upon mutual agreement of City and District. Should user not pay City, City shall bill District and District shall pay to City within forty-five (45) days of billing the amount due. These charges are subject to adjustment from time to time by City; when such charges are changed, City shall give District forty-five (45) days written notice. 7. The term of this Agreement is for a period of three (3) years from the date of execution and automatically renewed for six (6) subsequent three (3) year periods unless either party give a minimum of six months written notice, during which time District agrees that all effluent produced from taps within District shall not be in violation of any federal, state or City laws, rules or regulations, or any other applicable governmental regulations or the permits under which the City operates its sewage treatment system. City agrees, during the term hereof, to treat said effluent and to maintain adequate facilities for treating of the same. 8. District agree s that it will aaintain, at its own expense, all of its lines, or those lines now owned and operated by District, it being specifically agreed that City assumes no responsibility should any of District's lines become clogged, da ag d, or r quire mainten nee. District shall maintain 24-hour service to re edy disruption in service. District shall, it it deems necessary, notify its users of District's proc dure to re .. dy service. 9. City ot providing only sewage treataent service and, pursuant th r to, raits incidental use of City's sewag lin s and only by this individual contract wi h District land do s no , by th s con ract, otter tr at nt s rvic exc pt in stric accor anc ith the teras her of. This contract does not ot and shall no be cons rued as offering, s wage 11. 1 • •• rvic to th public g n rally or to any area liaits of the District's aervic area her n 0 y c y or ic I • • • • • b. Any violation or noncompliance with the terms of this agreement; c. Violation or nonco•pliance with the laws, rules, permits or regulations of the City, the United States govarnaent, including the EPA, the State of Colorado, including the Depart.ant of Health, or other law, rule, permit or regulation applicable. Should the Distri ct fail to promptly rectify a breach of those provisions identified herein, after notice thereo f , City •ay take such steps and do such work as it deems necessary to enforce this agree•ent, including litigation and specifically a right to injunction or specific performance against the District or any of its users as is necessa ry to protect the City's syst .. and operations. The preva iling party shall be entitled to expanses and costs of suit, including attorney fees. Should •ora than one Di strict be connected to a sewer line, all Districts on the line shal l be jointly and severally liable tor any breach or th is agreeaent and shall i .. ediately, after notice, rectify any problem or condition detri•antal to the treataent process. City s h all not be r e quired to prove which Di strict i s at fau l t b ut ;shall aake available to all suc h affecte d Di strict s a ll inforaation developed or accuaulated by Ci ty p e rtaini ng to such breach. 13. 'l'bis contract shall not be used as a legal defense or Prohibition to the aandatory consolidation of fa c il i t i e s by either party as aay be required by the laws or the State of Colorado of all existing aavar collection sys t s and facil i ti • to a govern.antal entity c r aat d to a ssume r s ponsi b illty for sewer service i n the are a in which both City and state is a part under statutory or con s titut ional authori ty •• aay be the case. ATTES T : CITY OP CLEWooD , COLORADO Pa tricia y cla rk YOr A T : • 1 7 I • C 0 U N C I L DATE November 30, 1987 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 11 (b) Reco mmendation to Approve SUBJECT Recreation Program 1nd Golf Fees Schedule for 1988 Englewood Parks and Recreation Commission INITIATED BY ----------------------- Council approval of the recommendation of the Par s and ACTION PROPOSED·---------------------------- Recreation Comnission for the 1988 fee schedules for Recreation programs and fees for the Englewood Municipal Golf Course. In 1985, City Council passed a resolution requiring our depart.ent to conduct an annual recreation progra fee survey to evaluate our fees with prevailing fees for sl•ilar progr~s charged by other depart.ents in th ~tro area. A surv y or recreation fees was conducted in late Sept s para e golf gr en f survey. r of 1987 along with a fr011 La od, South Sub · I • • • FURTHER INFORMATION The resolution establishing a policy for determining recreation program fees in the City of Englewood states the following: 1 . That recreation program fees shall be co.petitively priced with what other agen - cies are charging, but with a minimu~ recovery of 10~ for adult direct progra~ costs and 35~ for youth program costs. 2. That each year in October, a survey of recreation program fees shall be conduct- ed in the metro area, the survey being used as a guideline to establish a high - low range of recreation progra~ fees for the City of Englewood Parks and Recre -ation Department . The resolution of 1988 was initiated "to keep the City abreast of ca.petition, to increase recreation revenues and to keep progra• quality and enrollment high through responsible pricing .• FIMMCIAl Currently, fees for 111 recreation progra.s generate a 34~ return on total budget expenditures . The recreation center generates a 7~ return on all center expenditures . With th increased f structure to certain progra.s, total revenues to the Recre- atton Division should Increase by a total figure of $12,000 -$13,000 In 1988. The Increase In gr en fees and tourn-nt fHs should generate an additional $85 ,000-$100,000 In total golf course revenues for 1988 . llft•r,..."wtr )2 P r s and Recreation Co.hslon ttng, the C tssion, b .,. radsh , seconded by C-iss I on r Goees, unanf.,usly ap · r«reatton progr , t golf course f s as r c ndtd by t f s passtd on to Cou 11 for revt and appro al . u olu · • I . - l • • J • • ,. • Rf.3LU'r1Ctl t«). SElUES CF 1987 WHERFAS, the Parks and Recreation Cannission reca111e11d the following fee scheW!c be ~ted at the Englewood Municipal Golf Course for 1988; fU"l, 'lliEREFCJm 1 BE IT RESa.VED BY 'lliE CI'lY CXUCIL CF 'lliE CITY CF EN:iLEXXD I <Xl.CilADO I THAT: Section 1. '1he following fee schechle for use of the Englewood ftlnicipal Golf Course 1s hereby &Xlpted bec]inning January 1 1 1988: NH.IAL Mfll&ltSKip FEES -available to residents only Weekday only Seven day play l'esident $225.00 $300.00 Sr. Resident $260.00 Not available Seniors -8.1St be 62 years o£ age cr older. Residen s -Peraons W'lo res de in the c:orporate ooundad of the cities of Englewood or SheridAn. $.25 per 9 hol ~ .oo .oo $4.00 .oo -:a- $.SO per 18 holn 18 I 1 .00 $U.OO .oo $14 .00 I . • • • • $20.00 per person per leaque. RESIDmi' JltUCR PRJGIWt-$20.00 per .:Jnth for June, July or August. $SO.OO for the three llr:lnth period of June through August. Play restricted to 10:30 a.m. -2:30 p.m. weekdays only. In addition to the above junior fee, a charge of $.2S for each nine holes played shall be paid on the day of play. PULL CARl'S: 9 Hole -$1. SO R!Nl'AL CLU8S: 9 Hole -$4.00 18 Hole -$3.00 18 Hole -$8.00 JWCE BALLS: Saall Bucket -$1.7S Lar.'9e Bucket $3.00 ADCPTfD Nl> APPR:JVm this 7th day of ~, 1987. Attest: Patricia H. Crow, City Ctedi I, Patricia H. Crow, City Clerlt of the City of ~lwood, Oolocado, henby certify that the eow is a tzw oapy of RMolution No. , Seri of ~7. ---- PatrlCla k. Ci'Cili ·. • • - • - RECREATION PROGRAM FEE SCHEDULE ~ INCREASES EFFECTIVE JANUARY l, 1988 RECREATION CENTER FEES PROGRAM PRESENT FEE PROPOSED FEE Center Admission Youth Res. l. 25 l. 25 N/Res. l. 75 l. 75 Adult Res. 2.00 2.00 N/Res. 2.50 2.50 Discount coupon (30 visits) Youth Res. 28.25 28 .25 N/Res. 39.50 39.50 Adult Res. 45.00 45.00 NjRes. 56.25 56.25 Sports Admission Youth • Res. 1.00 l. 00 N/Res. 1.25 l. 25 Adult Res. 1.50 l. 50 If/Res. 2.00 2.00 Discount Coupon (30 viaits) Youth R a. 22.50 22.50 N/Rea. 21.25 21.25 Ac:Sul R a. 33.50 33.50 N/Res. 4 2.00 42.00 1.00 1.00 .25 1.25 l. 0 1.50 2.00 2.00 • I • u. 0 u.so 21.2 21.2 ), 0 u.oo - • • PROGRAM Doq Obedience Rea. N/Res. •Ballet, Tap, Jazz Rea. N/Res. Baton ' Acrobatics Rea. N/Rea. Arts ' Crafts • • • GENERAL/CULTURAL PROGRAMS PRESENT FEE 24.00 30.00 18.00 22.50 14.50 18.25 PROPOSED FEE 27.00 34.00 16.00 20.00 22.00 27.50 All adult and youth creft proqraa fees will reaain the saae. Playgrounds (4 week ••••ion) Rea. N/Rea. 36.00 45.00 •claaa hours reduced fro 12 hr. to I hr • 45.00 56.00 ., • • - PROGRAM *Learn-to-Swim Youth Res. N/Res. Adult Res. N/Res. A~a-Exercise Adult Res. N/Res. Ski Trips Res. N/Res. • • • AQUATICS (ALL) PRESENT FEE 10.00 12.50 11.00 15.00 12.00 15.00 OUTDOOR RECREATION 8.00 10.00 'I'OOTII PIIOGilAKS PROPOSED FEE 14.00 18.00 14.00 18.00 16.00 20.00 sue saae Most youth proc;rrus will be increased a ainiaua of 20t. An exaaple would be Tiny Tykes -Re•. fee would 90 troa 11.00 to 22.00, N/Res. tea would 90 troa 23.50 to 26.00 . •cl •• houre incr • d t ro • hr. t o 5 h r. -. - I • • • - • • sis Indicate Present Fee Tea11 Tum Present Proposed Player Player Est. Add'l Adult Volleiball Fee Fee Pres. Fee Pro2 . Fee Revenue Fall and Winter • (125) *Sl50 .00 Res (2) s 3.00 -(100) **$125 .00 N/R {4) s 6 .00 $3,000 .00 Sw.er • {100) *$125.00 Res {2) s 3.00 •• ( 75) **SlOO .OO N/R (4) s 6.00 Basketball Stop Clock (375) . $385 .00 Res (4) s 5.00 N/R Running (325) $335 .00 (8) SlO .OO s 500.00 Sunwer Running (225) $235 .00 Res (3) s 4 .00 N/R (6) s 8.00 s 500.00 .ill fhL A l 8 (650) $675 .00 Res (5) s 6.00 N/R (10) Sl2 .00 s 600 .00 c (375) $395 .00 Res (4) s 5.00 N/R (8) $10 .00 s 300.00 Slow Hen's (375) $395 .00 Res (4) s 5.00 N/R (8) $10 .00 $1 ,000 .00 Slow Cotd/W n's (300) SJZ5 .00 Res (3) s 4 .00 • N/R (6) s 8 .00 $1,000 .00 Fall Co d ( 175 ) S200 .00 Res u~ s 4 .00 N/R s 8 .00 s 500 .00 F11l n' (225) sz o.oo Res f~~ s 4 .00 • N/R s 8 .00 Sl, 500 .00 I • • nt r (2 0) S27 S.OO • 5 • - American (16) $ 19 .00 per sport Young American Baseball/Softball (15) $19 .00 Field Rentals (as recommended by Commis si on) Engl. Soccer Assoc . (2) $ 2 per ga me Engl . Redbirds Base . (2) $10 per game FITNESS Classes Re s id ent 1 .25/hr. t o 1.50/hr . No n-Res 1 .56/hr. to 1.95/hr. Drop -in Da ily Resident 1. 75/hr. to 2 .00/hr. Non -Res 2.25/hr . to 2.50/hr. • ':ou pon Resident 1 .50 /hr. to 1 . 75/hr . Non -Re s 1 .83/hr. to 2.20/hr . ~ Tu.bling Resi den t 1.25/hr . to 2 .00/hr . on-Res 1 .56/hr. t o 2 .56/hr . Gy.nut l c s Resld t l. 57 /hr. t o 1. 75/hr . on-R s 2.00/ r . o 2 .2 5/hr _ S lf fnse Youth 1.25/hr . (pr-opostd 1.56/ r . (pr pos d f lt R sident 1.50/ r . on ·Res 1.8 /hr . •c lttl nd h igh r cr tlon 1 l s . ••R cr tt al and low r crea tion 1 1 '· . ' . • • • s s $1,200 .00 $1 ,500 .00 $ 250 .00 $ 250 .00 $4 ,000 .00 I • • -• • • Eng l ewood Mu ni cipal Golf Course RECOMMENDED FEES AND CHARGES for 1988 Annual Membership Fees (ava i lable to re si dent s on ly) {figures are present rates) Weekday on l y Seven day play Res i dent ZZ5 .00 300 .00 Sen i ors -Hu s t be 6Z yr . of age or old er . Sr. Resident zoo.oo Not available (to encourage sr . to play on weekdays ) Re si de nt s -Persons who res i de in the corporate boundar i es of the ci t ies of En gl ewood or Sh eri da n. Daily Green Fe es 9 Hol e 18 Ho le Prese ntL Pr oposed Pr ese ntLPr oposed Re s ident Gre en Fees 4 .50 6 .00 7 .50 9 .00 No n-res i dent Green Fees 6 .00 8 .00 10 .00 1Z.OO Sr . Re s i den t Gr een Fees Cart Fees -sa as 1987 Loclc.er Fees -s u 1987 3 .50 Per Oay t.oo 4 .00 8 .00 Per Month 1.00 5 .50 6 .00 14 .00 Per Yur tt days ......,-.-::~--.-..:.;--.. ... d Prtsent/Propostd Gr n Fe es Cart F ts Tourn nt F Col rch . ot 10 .00 12 .00 7.00 7.00 (l/Z of 14 .00) z.so 2 .00 4 .00 s.oo • J • 10 .00 l2 .00 7 .00 7 .00 (1/Z of 14 .00) z.so 4 .00 I ~ --~--- • • • tournaments will be made at non-resident rates. Residents and those holding annual memberships must apply to the Golf Pro for rebates. Lower rates for weekday tournaments are made to encourage tournaments to be held on weekdays. League Fees -S25 .88 pe; pe; le~ ~e~ le•!~e. GwFFeA~ fee is $20/personjleague . Resident Junior Program S20 per .anth for the months of June, July or August . SSO for the three month period of June through August. (Play restricted to walk-on basis -10:30 a.m. to 2:30 p.•. weekdays only. When accompanied by a parent, a junior may play during all hours of operation.) Resident Junior -a resident who has not reached 18 years of age and has completed a class in basic golf, funda.entals, golf regulations, and golf etiquette as provided by the Recreation Department . This requirement can be waived by the Golf Pro if, in his opinion, after observation, the youth possesses these funda.ental skills and training . In addition to the above junior fee, a charge of S.25 for each nine holes played shall be paid on the day of phy . Pull Carts : 9 Holes -S1.50; 18 Holes -S3.00 Rental Clubs: 9 Holes -S4 .00 ; 18 Holes -S8 .00 Range Balls : Saall bucket -S1 .75; Large bucket · S3 .00 I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM December 2, 1987 Wage increase for SUBJECT Managerhl, Supervisory and Confidential Employees INITIATED BY ___ c_i t_y_M_a_n_ag_e_r _________________ _ ACTION PROPOSEO. ___ R_e_qu_e_s_t_t_h_e_C_i_t_y_c_o_u_nc_i_l_t_o_•_PP_r_o_v_e_I_9_88_W_a_ge_l_n_cr_e_a_se __ _ for Managerial, Supervisory and Confidential Employees BACKGROUND The City of Englewood, by Charter Amendment, provided for the establishment of ~anagerial and confidential eMployees within the service of the City. Thus, such employees are excluded fro. representation in any collectively bargained eMployee relations system; therefore, separate resolutions are necessary to provide for wag e and benefit adjust.ants . Chan es 1. A Resolution for a Compensation and Benef ts Plan for General Service Man - agerial and Supervisory eaployees. The resolution provid s for a 21 pay Increase effectiv January 1, 1988, and loyees will pay 59 .00 per .onth 2. toward the pre lu cost of d p nd nt health insurance coverage; 54 .50 to - ward t total single health insurance pr iu cost; 55 .00 per eonth to - ward t e pr ium cost for dep nd nt d ntal insurance cover1ge; 52 .00 per nth for single co rage for d ntal 1n urtnce covtrlgt. I • - • • • • • 3. A Resolution for a Compensation and Benefits Plan for Managerial and Supervisory employees of the Fire Depart~nt. The resolution provides for a 21 pay increase effective January 1, 1988, and eaployees will pay $9.00 per .anth toward the pre.iu. cost of dependent health insurance coverage; $4.50 toward the total single health insurance pr .. iu. cost; $5.00 per .onth toward the pr .. iu. cost for dependent dental insurance coverage; SZ.OO per .anth for single coverage for dental insurance coverage. 4. A Resolution for a Compensation and Benefits Plan for Confidential em - ployees . The resolution provides for a 21 pay increase effective January 1, 1988, and e.ployees will pay $9.00 per .onth toward the premium cost of dependent health insurance coverage; $4 .50 toward the total single health insurance premium cost; $5.00 per .anth toward the pr .. iu• cost for depen - dent dental insurance coverage; SZ.OO per month for single coverage for dental insurance coverage. RECOMOOATIOIIS It i s recommended that the City Council approve , by motion, these Resolutions . I . - • • RESOLUTION NO . -~ c11 SERIES OF 1987~ • • • 1/c A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MANAGERS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, by Ch1rter ~ndment effective April 13, 1981, provided for the est1blishment of m1n1geri1l 1nd superviso- ry e~loyees vithin the service of the City of Englewood; 1nd WHEREAS, the City of Englewood deems it is necess1ry to est1blish m1nageri1l e.ployees vith full responsibility to the City in order that the City be 1ble to fulfill its •isslon to provide competent, responsible government to Englevood citizens; 1nd WHEREAS, by virtue of •1n1gerlal duties assigned to positions by the City, the City of Englewood C1reer Service Board has determined that the following positions 1re •1n1gerial and as such 1re, therefore, excluded from represent1tion in 1ny collectively b1rgained employee relations system of the City of Englevood; 1nd WHEREAS, the City of Englevood desires to est1blish 1nd m1int1in a sound and benefici1l emplo~nt syst .. to benefit the City 1nd •anageri1l e.ployees of the City . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Th1t there is hereby est1bllshed the following plan of benefits for the gener1l services .anagerlal e.ployees of the City of Englewood: . l . I . - ' • • • COHPENSATION AND BENEFITS PLAN FOR THE GENERAL SERVICES DEPARTHENT'S MANAGERIAL/SUPERVISORY POSITIONS All full-time classified managerial/supervisory employees 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 most 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 ca.pensated at one-half the difference between the em- 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 Hanager . The e.ployee .ust be In the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position co.pensatlon. Such pay will be retroactive to the first day the employee assu..s the responsibilities of the position. ARTICLE 3. LONGEVITY Effective January 1, 1982, longevity co.pensatton will no longer be accrued for any e.ployees covered by this Resolution. However, for those employees receiving longevity co.pensation prior to January 1, 1982, they shall continue to receive said co.pensatlon at their present rate per .onth. EMployees with less than five years of continuous service with t City as of January 1, 1982, will not be eligible for longevity co.p nsatton at any ti-.. For those eligible .-ployees, th ~.aunt of long vtty co.pen - satton shall be co-puted froa th foll tng schedule: Y r of Continuous S r tee As or 1/l/82 0·4 Non 5·9 on 2 • I . • - 10-14 15-19 20 or • • • $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. $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each year full month of completed continuous ser - vice after completion of 15 years of service up to December 1. $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December l. Employees covered by this Resolution shall continue to receive longevi- ty c~pen~ation at the rate per month they were receiving on the date they are promoted into this benefit group, i.e. •anagerial employee. ARTICLE 4. ANNUAL LEAVE A. EMployees hired prior to January 1, 1984 and covered by this Resolution shall accu•ulate annual leave .onthly at the following rates: length of Service 0-9 10 and above 20 1nd above Hours per Month to 13 .33 14 .16 Hours per Yellr 120 160 170 The axi.u 1ccu.ulatton of annual leave shall bt IS follows: len th of Service 10 -19 20 lnd above Hours 320 340 I, 1984, 1nd h 1fttr shall 1cc u ulate t oll tng rates : 10 13 .33 14 .16 . l . 120 160 170 1r I ' • • • The maximum accumulation of annual leave shall be as follows: length of Service 0-4 S-9 10-19 20 and above Hours 1""60 240 320 340 B. Annual leave shall not be granted to any employee until after com- 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 computed for any pur - pose after the maximum accumulation has been reached. The schedule for use of annual leave shall be deter.ined by the needs of the department . Annual leave shall be taken at a ti~ convenient to and approved by the Department Head. EMPloyees shall not lose accu.ulated annual leave after the ~aximum has been reached if the e.ployee has requested use of annual leave prior to •axi.u~ accu.ulation, and has been dented use of annual leave. Annual Leave Pay The rate of annual leave pay shall be the employee's reg ular straight ti hourly rate of pay for the .-ployee's regular job and charged on a wor ing hour basis, exclud ng holidays and regular days off. Annual leave shall be allo d only to the total hourly amount accu.ulattd at the begin - ning of the lea e, as ver f td by the Oepart .. nt Head. £ loyees ay receive their annual 1 ave pay no earl er than three (3) days prior to t e start of their annual leave, prov dtd t e .-ployee •akes a written r quest to their superv isor flfte n calendar days prior to th e start of their an -nual leave . Leave loyee has begun t to r during t b ch rgtd any v c lr annual leave and th City r · scheduled annual leav period, th ton tl for th n r of ours n u e of nnual 1 ad or hts/ r d , unl ss . • r • annual I • • - ' • • .. • How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. ARTICLE 5. PERSONAL LEAVE Effective January 1, 1984, all employees covered by this Resolution shall be granted 48 personal leave hours with pay which an employee is en - titled to use for the following purposes: A. Time lost as 1 result of illness/injury to the employee or the employee's immediate fa•ily. B. Attend personal business . C. Leisure time . For any employee who has not used the 48 personal leave hours ending November 30 of each year or any portion thereof, the City will compensate said employee for the unused ti .. at the e.ployee's regular wage rate to be paid during the month of Oece.ber of that year. Personal leave time shall not exceed the 48 hours as designated above nor shall it be accu.ulated or carried over from one year to the next. Personal leave shall be scheduled and administered 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 prior to the ir scheduled reporting ti... Personal leave shall be prorated for e~loyees beginning and te~inating ~lo~nt with the City during the calendar year . ARTICLE 6. ADMINISTIATIV[ LEAVE Ad lnlstrative leave with pay aay be granted an e.ployee at the discre · tlon of the Depart nt H ad or destgn . This leave Is ustd en eire . stances require In th best nterests of th City and/or the -.ploy e that the loyee should t orar ly be relieved froe duty . JOI l TED) De tn ton conn cttd injury lo fr p r · I . . • • • 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 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 employees hired as of January 1, 1984, and thereafter, temporary 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 employee 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. Author ization for temporary disab ili ty leave with pay shall only be granted after the first day of disability. B. Authorization for temporary disability shall only be granted for the follow ing reasons: 1 . Personal illness or injury not service connected, including aternity. Sic leave All sic leave accru d by p r.anent ployees prior to January 1, 1980, shall vest with the ~loy and ay bt used in the following •anner : A. After the 180 days as described abo t have bt n used, unless th loy s ent l 1 d for retir nt as a result of disab i l i ty . s ach ,. I , • • • 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 disability, except when required by the Department Head. If the Department Head 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 employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to dis - ciplinary action. ARTICLE 8. ON-THE-JOI INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his/her full wages fr~ the first day of his/her absence fr~ work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability wages under wor~n 's co.pensatlon . The City reserves the right to require any .-ployee on injury or disability leave to sublit to an exa•ination(s) by City appointed physictan(s) at the City 's expense or under the provision of war n's ca.pensation or the retir nt/pension provisions as provided under State Statute . B. All injuries that occur during r ng hcurs shall be r ported to the e.ployee's supervisor within 24 hours of the Injury or before th e ploy leaves their depart nt of .-plo~nt . ARTICLE t. LONG T~ OISAIILITY IM~E log ten~ disability nsurance Is prov dtd solution. Ford sc r i ption of el glb Itt y's long t n1 d s btll y plan va\1 lt t rt NILIT l Y( J • r d by t la tons ) I • • • 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 from his/her employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time 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 (IS) 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 employee returns to his/ her public position immediately upon being relieved from 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 .ental 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 time herein limited for such leave . D. Subject to provision A, 8, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. ARTICLE 11. FUNERAL LEAVE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the e.ployee's fa.ily. The nu~r 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, "employee's family" shall .. an the e.ployee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the e.ployee or of thee ployee 's spouse . Annual leave aay be granted by the Department Head if addit i onal tl off is de d appropriate . ARTICLE lZ. JUlY DUTY AND WITNESS SERVICE ARTICLE 13. HO IOAYS A, T oll d ys ll c nsf ,. o rtct 1 Cl 1. ••• I . , , • • • 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 perform 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 may receive equivalent time off or pay at the discretion of the Department Head. 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 Department Head determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE 14. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a unifor., the employee shall wear the uniform only as authorized by the department work rules. All employees shall Maintain a presentable appearance while on duty. The City will con · tlnue to provide uniforms, cleaning and replaceMents. The City will pro- vide SOl of the cost of required work shoes up to a •axtmu• of S40 per year. The employee Is responsible for any damage to the uniform by negligence or deliberate act. ARTICLE 15. TUITION REFUND Upon rec ndation of the Oep1rt nt Head &nd after prior approval of the City Manager or hls/htr designee, the City of Englewood •ay ret burst an loy e for s1 tsf&ctory co-pletfon of att t d cours wor of Grad C or abo for und r r duate and graduate classe a lOOl of publi c instltu · on ra ts or 5 o prt at tnst tutlon rat s. This tnclud s r 1 ur •· n or t cost of r qutred tex s and associated ndatory f s . 0 t 0 I . • • • 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 made avail - able by the City for sa i d retired employee . ARTICLE 17. DENTAL INSURANCE During the life of this Contract, the City shall pay at lea st $35 .00 per ~nth toward the premium cost for dependent coverage and at lea s t $11 .00 per ~nth fo r single coverage for the Ci ty Dental In s urance Plan or oth er plan se l ected by th e Ci t y as a substitut e f or t he Ci t y Hea lth Plan fo r each single an d de pend ent poli cyholder . Beginning January 1, 1988 , employees wi l l pay $5 .00 pe r mont h t oward th e premium cos t f or depen dent co ve rage and $2 .00 per month f or single cov erage for dental insurance. Any dispute concerning the Interpre t ation or application of benefits under the dental plan shall be subject t o the dispute resolution procedure only. , ARTICLE 11 . HEALTH INSUUNCE -EltPLOYEES/RETIHES , A. 8e9lnnlng Janu ary 1, 1988, the City will pay at least $1 86.00 per .anth toward the pr lu. cost for de pend ent cover age and $5 7.28 per .onth for single coverage for the City's sel f -f unded heal t h Insurance plan. 8 . Beginning January 1, 1988, e.ployees will pay $9.00 per .anth to- ward th pr lu. cost for depend nt coverage for the City's self-funded health Insurance plan . E~loy es having single coverage will pay $4.50 p r .onth of t t t e total s nglt pr lu. cost. C. Any d spute concernlft9 t e interpretation or application of ben • fits pro id nder th al insurance plan shall be subj ct to t dis · putt resol t on proc ur onl • • 10 • I - • • • • • ARTICLE 19. HEALTH EX~INATION Employees covered by this Resolut i on shall be el i gible on a voluntary basis for a City paid health examinat i on conducted by the City 's phy s ician . The schedule for examinations shall be determined by the i nd i vi dual em-ployee 's age as follows : Before age 40 Between ages 40 -50 After age 50 ARTICLE 20. LAYOFF -on ce eve ry 3 years -ev ery 2 year s -on ce every year A. Fo r desc r i ption of t he City's layoff policy see Section 3-IF-1-8 and Sec t ion 3-IL-1-8 of the Englewood Municipal Code. ARTICLE 21. LEAVE OF ABSENCE (WI THOUT PA Y) Eligibility Permanent employees •ay be granted a leave of absence without pay for reasons of education which fs allied to the duties of the City, settle.ent of an es t ate, child care, serious Illness of 1 ...O.r of the .-ployee 's fa.ily, but shall not be used for the purpose of obtaining other ~loy - .. nt. Leave without pay sh1ll not exceed six -anths of 1ny year but .ay be extended upon request for 1n additional six 10nths. The total leave tl .. shall not exceed one year. Upon return fro. approved leav the e.ployee will be restored to their fon.er posftton tf available or to a PO\Itlon coaparable for tch the -.ploy Is qualtf td. Ourlft9 a period of unpaid leave, ~loyees shall not contlnu to eccru s r ce credit or tl gtbl for any City ben fits . A llcatlon for leav • ll -• • • ARTICLE 22. PROBATION Any permanent employee in the classified service upon be i ng promoted to a new position i n the Career Service System shall have probat i onary status in the position to wh i ch he/she was promoted, but shall retain permanent status in his /her previous classification and May transfer back or be re - turned to that prev i ous pos i tion at any ti~ during the probationary per i od at the discret i on of the appointing author i ty. Employees r ehi r ed as pr ov i ded under the provisions of the Ci ty 's ad - mi nistrative pro cedures wi th less than one (1) year of separation fro m the City shall be sub j ect to a probationary period . The Department Head wi th the approval of the appoint i ng authority may MOdify or waive the probat i on -ary pe r iod . NOTE : For legal aut hor i ty see 3-1E -1 of the City Code . ARTICLE 23. OVERTIME COMPENSATION Over t !~ work an d co.pensa t i on s hall be ad mi nistered pursuant t o de p ar t ~nta l policy. ARTICLE 24. WAG E PROVISION EMployees covered by this Resolution will receive a 21 wage increase adjustMent effective January 1, 1988. ARTI CL E 25 . RETJIENENT IENfFJTS The rettr ... nt benefits for e.ployees covered by thts Resolution are set forth in Title V, Chapter 9, Retir ... nt, of the Englewood ~nic l pal Cod . MTICLE 21. CMPLA UIT IESOl UTJOI PIOCQIUI£ . I I • • • COMPENSATION PLAN RESOLUTION FOR MANAGERIAL AND SUPERVISORY POSITIONS IN THE DEPARTMENTS OF COMMUNITY DEVELOPMENT, EMPLOYEE RELATIONS, ENGINEERING, FINANCE, FIRE, LIBRARY, PARKS AND RECREATION, POLICE, PUBLIC WORKS, UTILITIES, WASTEWATER TREATMENT PLANT AND MUNICIPAL COURT The following positions shall be represented by this Resolution : Finance Planning nt Plant • I • (lfbrary) Ill • • • Superintendent, Water District 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 •• I • • • Section 2. This resolution supersedes all other resolutions on this subject. ADOPTED AND APPROVED this 7th day of Dece.ber, 1987. ATTEST: rugene L. Otis, Mayor ~ity 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 com-plete copy of Resolution No . ______ , Series of 1987. J5atrich H. Crow . I . I - RESOLUTION NO.~ SERIES OF 1987 • • • 1\ G II 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 AMendment 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 dee.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 •anagerial duties assigned to positions by the City, the City of Englewood Career Service Board has deter.ined that the following positions are •anagerial 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 •aintain 1 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 : S ction 1. That there fs hereby established the following plan of benefits for the .. nagerial -.ploy s of the Police Depart nt of the City of Engl : . I . I . - • • • • COHPENSATION AND BENEFITS PLAN FOR THE POLICE DEPARTMENT'S MANAGERIAl/SUPERVISORY POSITIONS All full-time sworn cl•sslfled Mlnlgerlil/s upervlsory employees ex - cluded from the certified birgllnlng unit shill be represented by this Resolution . ARTICLE 1. HOURS OF IIORIC Employees covered by this Resolution 1re expected to work the hours necess1ry to 1chieve efficient tr1ns1ction of business, wh ich, in most in- st•nces, will exceed 1n 1ver1ge of 40 hours of work per week . ARTICLE 2. ACTING PAY All 1cting positions, excluding 1cting position 1t the Police Chief level, will be compens•ted at one-half the difference between the em - ployee's actu11 classification and that In which he/she Is acting of 15~ of the e.ployee's present salary, whi chever is greater, as approved by the City Manager. The employee •ust be In the position for a period of thirty (30) consecutive calendar days before said e.ployee beca.es eligible for acting position compensation. Such pay will be retroactive to the first day said employee assu .. s the responsibilities of the position . ARTICLE 3. lON&lYITY A. Effective January 1, 1982, longevity co.pensation will no longer be accrued for any -.ployees covered by this Resolution. Howtvtr, for those e.ployees receivift9 longevity co.pensation prior to January 1. 1982, they shall continue to receive said COIPfnsatlon at their present rate p r MOnth. E19loytes with less than fivt years of continuous service with th C ty as of January I, 1982, will not bt eligible for long vtty ca-p nsatlon at any tl . For those tllglble loy t , th unt of long vfty coep n. atlon shall bt ca.putld froe th foll fng c ule : ar o Continuous r ce As Of 1/1 /82 0·4 5·9 Non I . - • 10-14 15-19 20 or • • • $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. $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each year full month of completed continuous ser- vice after completion of 15 years of service up to December 1. $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. Subject to Paragraph A above, e•ployees covered by this Resolution shall continue to receive longevity compensation at the rate per month they were receiving on the date they were promoted into this benefit group . ARTICLE 4. NIIJAL LEAVE A. E~loyees hired prior to Oece.ber 31, 1983 and covered by this Resolution shall accu.ulate annual leave monthly at the following rate s: length of Serv ic e 0-9 10 and abo ve 20 and abo ve length of Ser vfce 0-9 10 ·19 20 and 1bove Hours eyr Month 0 13 .33 14 .16 Ho ur s 210 320 340 Hours per Year 120 160 170 loy s hfr January 1, 1984 , and t h r after shall atCUttUlate annual t foll lng rat 5·9 10 ·19 20 nd • y Hours 10 u .n 14 .16 . , . Hours r Year 120 1 0 170 I • -• • • The maximum accumulation of annual leave shall be as follows: Length of Service 0-4 S-9 10 -19 ZO and above Hours 192 Z40 3ZO 340 B. Annual leave shall not be granted to any employee until after com- pletion of twelve (1Z) .anths consecutive service with the City unless otherwise authorized by the Police Chief. In order to qualify for annual leave credit during the .anth, the employee ~ust have worked for at least one-half (1/Z) of the working days of that month excluding authorized paid leave. C. Annual leave shall neither be authorized nor computed for any pur - pose after the Maximum accumulation has been reached . The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Police Chief. Employees shall not lose accu.ulated annual leave after the maximum has been reached if the e.ployee has requested use of annual leave prior to Maximum accumulation, and has been denied use of annual leave. 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 shall be allowed only to the total hourly a.ount accumulated at the begin- ning of the leave, as verified by the Pollet Chief. EMPloyees May receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the e.ployee -.kes a written request to their supervisor fifteen calendar days prior to the start of their annual leave . Work During Annual Leave If after the .-ployee has begun their annual leave and the City r · quires the employee to work during the scheduled annual leave period, the e.ployee shall not bt charged any vaca ion t I for the n er of hours wor ed . 0 , unless It Annual Any t tr nt, ann lta tl ••• I • -• • • How Charged Annual leave for employees shall be charged on a working hour basis 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 which an employee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. C. leisure time. For any employee who has not used the 48 or 50 personal leave hours ending November 30 of each year or any portion thereof, the City will com - pensate said e.ployee for the unused tiMe at the eMployee 's regular wage rate to bt paid during the month of Dece.ber of that year . Personal leave ti .. shall not exceed the 48 or 50 hours as designated above nor shall it bt accumulated or carried over fro. one year to the next. Personal leave shall be scheduled and ad•inistertd under the direction of the Police Chief for personal business and leisure tl... In the event of llln ss/injury In which personal leave is requested, the e.ployee shall notify their superv i- sor or other person designated by the supervisor at least one (1) hour prior to their scheduled reportlr.g tt ... ARTICL£ I. ~IMISTRATIY£ LEAY£ Ad•ln ts trat i ve leave with pay _.Y granted In loy tlon of th e Pol le e Chief or designee . Th i s 1 1v ls used es r qui r in th best Interests of th Ci ty nd/or the e.ploye shoul d t orartly r lteved fr duty . ARTIC L 7. 01 ILITY • 1·~~ • • • 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 employee s 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 day s 135 days 180 days For new employees hired as of January 1, 1984, and thereafter, tem - porary d i sability leave shall not be accumulative ex cept that on January 1 of each year the City sha l l restore 10~ of the number of days use d by an employee dur ing the preced ing year as follow s: Utilization 0-4 years 5-9 ye ar s 10+ ye ar s up to a max im um of 45 day s up to a maximum of 68 days up t o a ma ximum of 90 days A. Authorization for tem porary disa bility leave with pay sha l l only be granted after the first day of disability. B. Authorization for t em pora ry d isabi l i t y shall only be gr ant ed f or t he f ollowing reasons: 1. Personal illness or injury not service connected, includi ng •atern1ty. Sic luve All s ck leave accru d by per.anent e ploy es prior to January 1, 1980, shall vest with the e~loyee and •ay be used in the following •anner: A. After the 180 days as described above have been used, unless the loyee Is entitled for retlr nt as a result of d is ability . 8. pl II t ra tous pl n, once each or on (l) hour ac y ar . I . • • • employee's work schedule unless circumstances beyond the control of the employee would not permit . Verificat ion of Disability An attending physician's statement will not be necessary unt il after one (1) shift/day of disability, except when required by the Po lice Chief. If the Police Chief requires a physician's statement of disab ility, the City shall bear the cost of such physician's statement. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepre sents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee 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 employee to be absent from work as a result of suc h injury, the City shall pay to such employee his/her full wag es for the first day of his/her absence from work up to and including the 90th calendar day of such absence, less what ever sums received by the employee as disability wa ges under workmen's compensation. 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 workmen's compensation or the re- tirement/pension provisions as provided under State Statute. 8. All injuries that occur during working hours shall be reported to the ployee's supervisor within 24 hours of th injury or before the em- ploy e leaves their depart nt of e ploYMtnt. ARTICLE 9. MILITARY LEAVE A. Any pe an nt or proba lonary loy t ho enlists or I nducted Into th •llltary, naval, air or oth r an~ed serv ces of the United States shall b entitled to a lea of bsenct ftho t pay for the durat on of ar or until o ora ly dlscharg d. lch _r occurs f rst. an or on r t r • 7 • I . • • • 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 from 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 mental 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 time herein limited for such leave. 0. Subject to provision A, 8, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. ARTICLE 10. FUNERAL LEAVE The Police Chief shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number 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, "employee's family" shall mean the employees, spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse . Annual leave ~ay be granted by the Pollee Chief If additional time off is deemed appropriate . ARTICLE 11. JURY DUTY AND WITNESS SERVICE Leave ~ay be granted to an eMployee for serving on jury duty or as a witness In his/her official capacity In obedience to a subpoena or d i re c- tion by legal authority . He /she shall be entitled to the d i ffe r nee betw en his /her regular c~pensatlon and th fees recei ved for j ury duty or as a witness . When he /she Is subpoenaed In private l i t i gat i on to test i fy, not In his/her official capacity but as an Individual , th e tiMe ab se nt by reasons thereof shall be taken as annual leave , persona l leave or l eave without pay . ARTICLE 12 . HOLIDAYS A. Th follo n days shall Ctty : l. 2. 3 . 4. s. 6. 7. 8 . 9. 10 . ll constd r d or t c i 1 oltd t r I • • -• • • B. Any employee covered by this Resolution who does not perform 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 may 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. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is respons ibl e for any damage to the unifona by negligence or deliberate act . The City will be responsible for providing and cleaning of said uniforms . ARTICLE 14. TUITION REFUND Upon recommendation of the Police Chief and after prior approval of the City Manager or his/her designee, the City of Englewood may reimburse an employee for satisfactory completion of atte.pted course work of Grade C or above for undergraduate and graduate classes at 10~ of public Institution rates or SOl of private institution rates. This includes reimbursement for the cost of required t exts and associated mandatory fees. Employees enrolled in prograas which require attendance during regular · ly scheduled rklng hours may be granted tl .. off with the employee and City equally sharing th cost on a 5~ basis. The e.ployee may elect to use annual leave, personal leave or co.pensatory ti .. to reimburse the City for the tl ta n off during working hours to pursu a degre . ARTICLE 15. LIFE JN~E . ' . I . - • • • • • 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 17. HEALTH INSURANCE-EMPLOYEES/RETIREES A. Beginning January 1, 1988, the City will pay at least $186.00 per month toward the premium 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, employees will pay $9.00 per month to- ward the premium cost for dependent coverage for the City's self-funded health insurance plan . Employees having single coverage will pay $4 .50 per month of the the total single pre~iu• 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. D. Retirees prior to January 1, 1980, will be provided health in - surance coverage by the City on 1 non-participating basis. The coverage wi ll 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 1 •axi•u. of $75 .00 per .anth. ARTICLE 11. HEALTH ElMUIATII* E~loytes covtrtd by this Rtsolution shall bt tllgible on 1 voluntary basis for 1 City paid health exa ination conducted by the City's physician . The sch dule for tx lnatlons shall bt dettn~lntd by tht individual ploy 's 191 as follows: Before ag 40 8tt n ag s 40 -50 After • 0 AATICLE 1 • LAYOff • onct tvery 3 ye&rs • every 2 years -one very y ar A. for d crlptton of th C ty 's layoff pol cy s S ct on l ·lf ·l ·l and 3-ll-1·1 of th Engl ntcfp&l Cod • I . • • • • .. ARTICLE 20. LEAVE OF ABSENCE (WITHOUT PAY) Eligib i lity Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an es tate , child care , serious illness of a member of the employ ee's fa mi ly , but shall not be used for the purpose of obtaining employment el se - where . Leave wi thout pay shall not exceed six month s of any year but may be extended upon request for an additional six months . The total leave t i me shall not exceed one year. Upon return from approved leave , the em - ployee wi ll be restored to their former position if available or to a pos i- tion comparable for wh i ch the employee is qualified . During a per i od of unpa i d leave , employees shall not continue to accr ue serv ic e cred i t or be eligible f or any Ci ty bene f i t s. Appl ic at io n for Leave A request for a l eave of absence wi t hout pay shall be submitted in writing by the em plo yee to th e Police Ch ief. The r equest shall indicate the reason t he leave of absence is being r equested and the approximate length of leave time requested . Consideration of Leave Request The Police Chief may either grant or deny leave requests, taking into consideration the department's work f or ce, work load and the employee 's request . Failure to Return If an employee falls to return by the date of leave exp i rat i on , the employee shall be considered to have voluntarily re si gn d fro. th ser Ice of the Ci ty . ARTICLE 21. PRO BATION A. t welve . l l . I • • • • C. Employees rehired as provided under the provisions of the City's administrative procedures with less than one (1) year of separation from the City shall be subject to a probationary period. The Police Chief with the approval of the appointing authority may modify or waive the probation- ary period . ARTICLE 22. OYERTI"E C~PENSATION Overtime work and compensation shall be administered pursuant to departmental policy. ARTICLE 23. WAGE PROVISION E~loyees covered by this Resolution will receive the following wage adjustment increase: Sergeant 2. 001 Lieutenant 2. 001 Division Police Chief 2.001 This increase shall be effective January 1, 1988 . ARTICLE 24. COftPLAIIfT RESOLUTION PROCEDURE 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 bt sub.itted for resolution through the co.plaint resolution procedure as provided for and a~inistered by the City Manager and his/her designated representative . MTICL£ 25. lt£TIItDIOT I£N£FITS Retlre.ent benefits shall be provided for under Englewood "unlclpal Code and State Statute . . l l . I . . - • ATTEST: • • • Section 2. This resolution supersedes all other resolutions on this subject. ADOPTED AND APPROVED this 7th day of Dece.ber, 1987. Eugene l. Otis, Mayor 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 co.- plete copy of Resolution No. __ , Series of 1987. P1trlcia H. Crow . l . I . • RESOLUTION NO. ~~ SERIES OF 1987-- • • • 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 Amendment effective April 13, 1981, provided for the establishment of managerial and superviso- ry employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish managerial employees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsible government to Englewood citizens; and WHEREAS, by virtue of managerial duties assigned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are managerial and as such are, therefore, excluded from representation in any collectively bargained employee relations system of the City of Englewood; and WHEREAS, the City of Englewood desires to establish and maintain a sound and beneficial employ.ent syst .. to benefit the City and managerial e.ployees of the City. HOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Sect ton 1. That th ere ts hereby established the following plan of benefl s for the anagerial e.ployees of the fire Otpart .. nt of the City of Englewood : . I . I . -• • • COMPENSATION AND BENEFITS PLAN FOR THE FIRE DEPARTMENT 'S MANAGERIAL/SUPERVISORY POSITIONS All full-time sworn classified em ployees exc l uded from the certified bargaining unit shall be represented by this Reso l ution. ARTICL E 1. HOURS OF WORK Employees covered by this Resolutio n are expected to work the hours necessary to achieve efficient transaction of business, which, in most in - stances, will exceed an average of 40 and 56 hours of work per week . ARTICLE 2. ACTING PA Y All acting positions assigned and authorized by the Fire Chief or the Fire Chief's designated representative, will be compensated at full pay. The employee must be in the position four (4) consecutive shifts or 14 con- secutive c&lendar d&ys before the employee becomes eligible for acting position compensAtion . Such pay shall be retro&ctive to the first day the eeployee 1ssu s responsibility of the position . AITJCLE 3. ANNUAL LEAVE A. Shift r e.ployees shall be entitled to annual leave according to the following schedule: 5·9 10 ·14 15 ·19 20 a. to '1 I 11 r t s: Hours Accumulated er nth 15 19 21 23 180 228 252 276 7.5 9.5 10 .5 11 . s rc n r I . • • • 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 accumulate 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 maximum accumulation of annual leave shall be as follows: length of Service 0-4 5-9 10-19 20 and above Hours 192 240 320 340 C. The axfmum accumulation of annual leave shall be two (2) times the employee 's normal annual leave accumulation. 0. Annual leave shall not be granted to any employee until after com - pletion of tw lve (12) MOnths consecutive service with the City unless otherwise authorized by the Fire Chief. In order to qualify for annual leave credit during the MOnth, the eaployee .ust have worked for at least one -half (l/2) of the working days of that MOnth excluding authorized paid leave. The sel ctlon for use of annual leave shall be seniority. The first round of selection begins by those e.ployees with greatest seniority choos · ng first and those with lesser seniority choosing last . The s cond round of 1 ctlon will bf91n with t ose hav ng less seniority choosing first and t OS lth r ' niorfty ehoosln las • u or use o annu l lea n • Annual l ve shall f r Chit • hall b d ten~tn by the n eds te n at 1 tt eon v n tnt to end I • • • • .. 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 shall be allowed only to the total hourly •mount iccumulated at the begin- ning of the leave, as verified by the Fire Chief. Employees may rece ive 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 week minimum on use of annual leave time, unless otherwise authorized by the Fire Chief or his/her de signated representive. Annual Leave Pay Upon Separation Any employee who is separited from the service of the City, i.e., re - tirement, term inition or liyoff, shill be compensated for the unused annual leave t ime iccu ul ated it the time of separation. ARTICLE 4. PERSONAL LEAVE Effective Jinu•ry 1, 1984, ill shift work employees covered by this Resolution shall be granted 96 hours of personal leave time with pay and ill non -shi ft work employees shill be granted 48 hours of personal leave time with pay wh ich •n e ployee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the e ploy e or the employee's immediate family . B. Attend personal business. C. leisure ti~. -4 • I . • • • ARTICLE 5. ADMINISTRATIVE LEAVE Administrative leave with pay may be granted an employee at the discre- tion of the Fire Chief or designee. This leave is used when circumstances require in the best interests of the City and/or the employee that the em -ployee should temporarily be relieved from duty. ARTICLE 6. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from per -forming his/her duties as a City employee. Provision January 1, 1984, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 10~ of the employee's regular wage up to 180 calendar days of disability. Temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 10~ 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 e.ployees absent as a r sult of il lness/injury as follows : 0-4 years 5-9 years 10+ years 90 days or 30 shifts 135 days or 45 shifts 180 days or 60 shifts For new employees hired as of January 1, 1984, and thereafter, teM - porary disability leav shall not be accu.ulatlve except that on January 1 of each year th City shall restore 1001 of the nUMber of days used by an ployee during the preceding year as follow s: u 0-4 years 5·9 years JO ynrs up to a up o a up to a of 45 days/IS shifts of 68 d y /23 shlf s of 90 day /30 shl s A. Authorization for t orary dlsabtl ty lta gr n td after the first day/s If of dis bllfty . It PlY Shill only Authortzat on fort orary d s billy sh 11 onl 9r n td or . ol1 n r nons: J . P r on 1 llln s or njury not , n lud n t rn ty . I • • • •' • 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 from 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 (I) hour pay, not to exceed a conversion of more than 400 hours each year . Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor at least 30 minutes prior to the employee 's scheduled reporting time . No temporary disability leave will be granted to an em· ployee who fa ils to notify their supervisor prior to the beg inning of th e employee's work schedule unless circumstances beyond the control of the e ploye wo uld not pe I A us actua l r t TJCL '1. nt will not be necessary un 11 af r y. xc pt when r quired by th e fir C 1e • sic an's statement of disability, C1 •tel a 's stat nt. l•t occurs nan ploy •isr pes s orary dlsab ltty or wh en an lo for unaut orlztd purposes . An ~loyt nry diu n tty lnve shall be subject s · I . -• • • 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 B. MILITARY LEAVE A. Any permanent or probationary employee who enlists or i s i nd uc ted into the military , naval, air or other armed service s of the Un i ted State s 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 member of the National Guard or an y other component of the military forces of the state , now or hereafte r or- gan i zed or con s tituted under the state or federal law , or wh o shall be a me mbe r of the reserve for ces of the United States , now or here aft er or - ganized or con s tituted under federal law, shall be ent i tled to l eave of absence from hi s employment without loss of pay , seni ority , sta tus, ef- f i c i ency rat i ng, va cati on, sic k leave or other be ne f i t s f or all the time when he /sh e is engaged wi th s uch organ i zat i on or compo nent in training or act i ve serv ice ordered or aut hori zed by proper authori t y pursuant to law, wh e th er for s t ate or f ede r al pur poses, but not exceeding fifteen (15) days in any cal endar year. Suc h leave s hall be all owed in case the required military service is satisfactorily performed, which shall be presu ed un -less the contrary is established. C. Such l eave shall not be all owed unl ess t he employee returns to his public position immediately upon bei ng r eli ev ed f rOM such military service and not later than t he expiration of th e ti.a herein limited for such leave, unless he/she is prevented from so r etu r ning by physical or n al disability or other cause no t due t o his own f au l t or is required by proper authorities to continue in such Mili ta ry service beyond the time her In limited for such leave . 0 . Subject to provision A, 8, and C above, the City shall provide f ul l pay to an employee grant d military lea ve, less whatev r wag es th e pl oy e may have rece v d by the Military for such service . ARTICLE 9. fUNERAl LEAVE • 7 • I . . · • • • 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 subpoen aed 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: Janua ry 1. 2. Washington's Birthday: The third Monday in February 3. Memorial Day: The last Monday in Hay 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 perform 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 Fire Chief. C. E ployees required to work on an official City holiday may receive equivalent t off or pay at the discretion of the Fire Chief . 0 . h n any of the foregoing holidays fall on a Sunday, the following Monday shall b observed as the legal holiday . When any of the for going holidays fall on a Saturday, each e.ployee shall be entitled to a day off for such ollday, which day off shall be scheduled as the City Manager and/ or Fir C ltf d tenalnes, but no sp clflc day shall be ob erv d as a holi - day or p rpo of closing Ctty offices and functions . ARTICL 12 . IFOR.M CLEANI . AlLOW E • • • I . • • - The Department, on a replacement basis, 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 uniform . If the department requires and provides the shoe s as described above, the footwear allowance as provided in C below wi ll be reduced to fifty percent (50%) of the cost of authorized footwear up to $50 .00 per year . C. Subject to conditions described in B above, the department wi ll provide fifty percent (50%) of the cost of authorized footwear up to $75 .00 per year. D. Phy si cal f i tn es s sweatshirts, sweatpant s, and r unn i ng s hort s wi ll be prov i ded by th e Fi re Department for employee s engaged in the Depart - ment 's ph ysic al f i tn ess pr ogra m. The above cloth i ng will be prov i ded ac- co rd ing t o an as-needed-ba si s , de term i ned by th e Fi re Ch ie f . E. Cleaning -The Ci ty wi ll be re s po nsible fo r pro vi ding cleaning f or all uniforms and/or safe t y eq uipme nt . ARTICLE 13. TUITION REFUII) Upon recommendation of the Fi re Chie f and afte r pr ior approval of the City Manager or his desig nee, the Ci ty of En glewood may reimburse an em- ployee for satis f actory com pl e t ion of att ~t ed course work of Grade C or above for undergraduate and gradua t e c l asses at 10~ of public institution rates or 50S of private ins t i t ution rates. This includes reimbursement for the cost of required texts and associ at ed •andatory fees. E ployees enrolled in progrAms which require attendance during regular - ly sch dul d wor ing hours •ay be granted tl off with the e ploy e and City equally sharing the cost on a 5~ basis. The employee may lect to use annual leave, p rsonal leave or co.pensatory tiMe to r imburst the City for the tl taken off during r lng hours to pursue a d gr . ARTICLE 14. LIFE IN SURANCE nsuranct will I . - • • • • 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 16. HEALTH INSURANCE -EMPLOYEES/RETIREES A. Beginning January 1, 1988, the City will pay at least $186.00 per month toward the premium cost for dependent coverage and $57.28 per month for single coverage for the City's self-funded health insurance plan. B. Beginning January 1, 1988, employees will pay $9 .00 per month to- ward the premium cost for dependent coverage for the City's self-funded health insurance plan. Employees having single coverage will pay $4 .50 per month of the the total single premium cost. C. Any dispute concerning the interpretation or application of bene- fits provided under the health insurance plan shall be subject to th e 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 bisis . The coverage will coordinate with Medicaid and Hedicire wherever ipplicable . Retirees after January l, 1980, will be guaranteed conversion privil!9es to the heilth insurance plan aviilable through the City. The City will pay 501 of the cost of coverage of he /s he conversion plan up to i •axi of $75 .00 per .anth for th e employee and including the e.ployees dependents . ARTICLE 17 . HEALTH EXMINATJOit E~loye s covered by th is Resolution shall be eligible on a volu tary basis for a City paid health ex ination conducted by the City's p ystcian . Th schedule for exa tnations shall be dettnaln d by th lnd Y dual ployee's a as follows : • one e ery 3 y ars • tv ry 2 years c ry y r TICLE 18. lAYOFF A. or d scription o nd l ·ll·l ·8 or t ngl cy ·I ·l·t • 10 • • • • • 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, settlement of an estate, child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment else- where. Leave without pay shall not exceed six months of any year but may be extended upon request for an additional six months. The total leave time shall not exceed one year. Upon return from approved leave, the em- ployee will be restored to their former 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 reque st for a leave of absence without pay shall be submitted in writing by the employee to the Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of leave Request Th Fire Chief may either grant or deny leave requests, taking into consider&tion the department 's work force, work load and the e ployee 's request . Ftilure to Return If an loyee ftlls to return by the d&te of le&ve expir&tion, the loy sh&ll be considered to have volunt&rlly resigned fro. the service of th CHy . MTICU 20 . "*TI • ll . I . • • • Should th e Ci ty Manager return the employee to his/her previous position the emplo yee shall be i nformed of the reasons for the return . C. Employees reh i red as prov i ded under the prov i sions of the City 's administrat i ve procedures with less than one (1) year of separation from the City shall be subject to a probationary period. The Fire Chief, with the approval of the appo i nt i ng authority, may modify or wa i ve the proba -tionary pe r io d. ARTICLE 21. OVERTI"E C~PENSATION Overt ime work and compensation shall be administered pursuant to depart.ental poli cy. ARTICLE 22. WAGE PROVISION E.ployees covered by this Resolution wi ll r eceive a wage in c rea se of ~ effective J anu ary 1, 1988 . ARTICLE 23 . AUT~ILE ALLOWANCE An e.ployee who is specifically authori zed by the Fire Chief to operate his personally owned auto.oblle in the conduct of City business shall be paid •lleage in accordance with the City's vehicle •ileage policy. ARTICLE 24 . CWLAIIfT ltESOLUTION In the event there is any dis pute or co.pl a i nt concerning the Inter - pretation or application of these or any other benefits tither written, 1~1 td or practiced, said dispute will bt sublit t ed for resolution through the dispute resolution procedure as provided for and a~inistered by the City Manag r and hls/htr designated representative. AI TIClt 25. ltf:TIItDDT FITS tlr ntflts and contribution lt els are provided und r Englt- nlc p 1 Cod and State Statute . . l . I . . - • • • • • Section 2. This resolution supersedes all other resolutions on this subject. ADOPTED AND APPROVED this 7th day of December, 1987. Eugene L. Otis, Mayor ATTEST: City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood Colorado, hereby certify that the above and foregoing 1s a true, accurate and com · plete copy of Resolution No. __ , Series of 1987 . Patricia H. Crow • I • I . RESOLUTION NO. __ t.f_'J- SERIES OF 1987 • • • ll ~ i v A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, by Charter Amendment effective April 13, 1981, provided for the establishment of confidential employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it Is necessary to establish confidential employees with full responsibility to the City in order that the City be able to fulfill its •ission to provide competent, responsible government to Englewood citizens; and WHEREAS, by virtue of duties assigned to positions by the City, it has determined that they are confidential and as such are, therefore, ex - cluded from representation in any collectively bargained employee relations system of the City of Englewood; and WHEREAS , the City of Englewood desires to establish and Maintain a sound and beneficial e.ployment syste. to benefit the City and confidential e.ployees of the City. HOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section l. That there Is hereby established the following plan of benefits for h conflden tal .-ployees of the City of Englewood : . l . • • • .. • COMPENSATION AND BENEFITS PLAN FOR THE CONFIDENTIAL EMPLOYEES All full-time classified confidential employees excluded from 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 most in- stances , will exceed an average of 40 hours of work per week. Confidential employees shall be excluded from overtime pay for any time in which work is performed other than for Boards, Commissions and the City Council. ARTICLE 2. ACTING PAY All acting positions, excluding acting position at the department h ad le el, will be c p nsated at one-h alf the differ nee b tw en the em- ployee 's actual classification and that in wh ich she/h is acting or 15 of th ploy e's pr sent salary, which ver is greater, as approv d by the City Manag r. T e ployee ust be n the position for a period or thirty (30) consecutive calendar days before thee ployee becomes eligible for ac lng po~i ion c nsation. Such pay will b retroactl to the first day t e loy assu s the responsibilities of the pos ition. AltTICLE 3. UIT I REASES • -• • • Year of Continuous Service As Of 1/1/82 Amount of Compensation 0-4 5-9 10 -14 15-19 20 or None $12 per month for $144 per year, except for those employees who have not completed six full years of continuous service on Decem - ber 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of five years of continuous service up to December 1. $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. $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each year full month of completed continuous ser- vice after co.pletion of 15 years of service up to Dece.ber 1. $48 per month for $576 per year, except for those eMPloyees who have not completed 21 full years of continuous service on December 1 of any year, which e.ployee shall receive $432 plus an ..aunt qual to $12 for each full month of co.pleted continuous servic after COMpletion of 20 years of continuous service up to Decemb r 1. E ploJees cov r d by this R solution shall continue to r celve longe 1- ty ca.p nsatlon at the rate per month they re recetvtng on the date th y are pro-at d into thts benefit group, i.e., confidential loy e. AaTIClE 5. ANNUAl. lEAVE A. E loy s tr d prtor to J nuary 1, sol ton 111 cc 1a Hours th r )0 13 .33 20 14 .) 0 utl 1l oll H ur 320 40 ' . I . -• • .. • New employees hired January 1, 1984, and thereafter shall accumulate annual leave at the following rates : length of Service 0-4 5-9 10-19 20 and above Hours per Month 6.66 10 13.33 14.16 Hours per Year 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 employee until after com- pletion of twelve (12) months consecutive service with the City unless otherwise authorized by the Oepart.ent Head . In order to qualify for an- nual leave credit during the .onth, the e.ployee 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 computed for any pur - pose after the maxi u accumulation has been reached. The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Department Head. Employ es shall not lose accumulated annual leave after the maximum has b en reached if the e ployee has requested use of annual leave prior to aximum accumula ton, and has been denied use of annual leave. Annual leave Pay and t C ty r - 1 1 a p rfod, t n r o hour • • • I . • • • Minimum Usage There shall be a one week minimum on use of annual leave time, unless otherwise authorized by the Department Head or his/her designated representative . Annual Leave Pay Upon separation 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 6. PERSONAL LEAVE Beginning January 1, 1984, all .-ployees covered by this Resolution shall be granted 48 personal leave hours with pay which an employee is en - titled to use for the following purposes: A. Time lost as a result of Illness/Injury to the employee or the eMployee's 1.-edlate fa lly. 8. Attend personal business. C. Leisure tiM . for any e ployee o has not ustd the 48 personal leave hours ending Nove.btr 30 of each year or any portion thereof, the City will co.pensate said loyee for the unustd tt .. at the .-ployee 's regular wag rate to be paid dur ng the 10nth of Otc.-btr of that year. Personal leave tl• shall not e c d the 48 hours as destgnattd above nor shall It be accu.ulated or carr dover fro-on y ar to the next . Personal leave shall be sch duled and 1 ntst rtd und r th dlr ctlon of th Otper nt Head . In the even of llln sst njury In ch personal leave Is r q sttd, t loy shall notl y t 1r sup rvl or or oth r person d slgnattd by t sup rvlsor at least o (I) our prior to th lr sc ul r porting tl TlCl 7. l y • -• • • ARTICLE 8. DISABILITY -TEKPORARY (NON JOB RELATE D) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disabili t y prevents the employee from per - forming his/her duties as a City employee . Provision For ~ployees hired before December 31, 1983, the City 1grees to pro - vide te.por1ry disability leave with ply for employees 1bsent as 1 result of illness/Injury 1t the r1te of 10~ of the employee 's regul1r w1ge up to 120 C1lend1r days of dis Ability. Tempor1ry disA bility le1ve shall not be Accumulative except th1t on J1nu1ry 1 of e1ch year the City shall restore 10~ of the number of days used by an employe e during the preceding year up to a maximum of 60 days. For employees hired as of January 1, 1984, and th ereafter, and covered by the terms of this 1gree.ent, the City agree s to pro vide 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 60 days 90 days 120 days For employees hired as of January 1, 1984, and thereafter , temporary disability leave shall not be accumulative except that on January 1 of ach year the City shall restore the number of days used by an ~loyee durtng the preceding year according to the following schedule: Utilization 0·4 yurs S·9 y ars 10 yeers up to a aaxf of 30 days up to a aaxtaua of 45 days up to a autaua of 60 days A. Aut orfzation ror t orary disebllfty 1 1 e It pays ell o ly grant d aft r t r5t day of dlsabfl ty . 8. l oll 11 nly l . • • ,. • B. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement or separation from 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 more than 400 hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to 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 statement will not be necessary until after three (3) days of disability, except when required by the Department Head . If the Department Head 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 employee misrepresents the actual reason for requesting te•porary disability or when an employee uses temporary disability leave for unauthorized purposes . An employee who mak s a false claim for temporary disability leave shall be subject to dis - ciplinary action . ARTICLE 9. OM·THE-JOI INJURY -DISABILITY in • l1 • 7 • report d to for t I • • • '. • such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member 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 a leave of absence from his/her employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benef its for all the time 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 employee returns to his/ her public position immediately upon being relieved from such military ser- vice and not later than the expiration of the time herein limited for such leave, unless she/he is prevented from so returning by physical or mental 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 time herein limited for such leave. 0. Subject to provision A, 8, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee May have received by the military for such service. ARTICLE 11. FUNERAL LEAVE The departmen head shall grant leave with pay to an employee to attend the funeral of a ~~~ember of the employee's fa lly. The number of days gran - t d shall be go ern d by the circu stances of the case, but in no even shall they xc d five (5) working days . For the purpos s of this section, ".-ployee's fa lly" shall Mean the e•ploy e's spouse, or the chtldr n, grandchildr n, paren s, grandparents, brothers and slst rs of the ploy e or or th loy 's spouse. Annual leave ay be grant d by th d part n ad if addttlo al ti off Is dte-.d approprlat WIT SS SEilVIC • • • I . • • • • ARTICLE 13. HOLIDAYS A. The following days sh all be considered official holidays by the City: 1. New Year 's Day: January 1. 2. Washington 's Birthday: The third Monday in February 3. Memorial Day : The last Monday in Hay 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 . Chri stmas Eve : December 24 10. Christmas Day : December 25 11 New Year's Eve: December 31 B. Any employee covered by this Resolut ion who does not perform duty scheduled on the working days immediately pr ior 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 may receive equivalent time off or pay at the discretion of the department head. 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 e.ployee shall be entitled to a day off for such holiday , which day off shall be scheduled as the City Manager and / or department head detenaines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions . ARTIClE 14. TUITION ltEFUII) Upon recomMendation of the Depart .. nt Head and after prior approval of the City Hanag r or his/he r designee, the City of Englewood •ay reiMburse an loye for satisfactory co.pletion of atte.pted course work of Grade C or abo for u d rgraduate and graduate classes at 100S of public lnstttu · tion ra ts or SO\ of private Institution rates . This includes rei burst· n or t cos of r q lrtd texts and associated mandatory fe s . ARTICL 15. . t . I . • • • ARTICLE 16. DENTAL INSURANCE During the life of this Contract, the City shall pay at least $35 .00 per month toward the premium cost for dependent coverage and at least $11.00 per month 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 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 17. HEALTH INSURANCE -EMPLOYEES/RETIREES A. Beginning January 1, 1988, the City will pay at least $186 .00 per month toward the premium cost for dependent coverage and $57 .28 per month for single coverage for the City's self-funded health insurance plan. B. Beginning January 1, 1988, employees will pay S9.00 per month to - ward the pr~ium cost for dependent coverage for the City's self-funded health insurance plan. EMployees having single coverage will pay $4 .50 per month of the the total single pre.iu• 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. 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 "-dicaid and Medicare wherever applicable. Retirees after January 1, 1980, will be guaranteed conversion privileges to th health insurance plan available through the City . The City will pay 501 of the cost of co erage of she/he conversion plan up to a axi of S75 .00 per 110nth. AlTIClE 18. HEALTH ElNUNATJott olut on shall 1 gtble on a voluntary tnatton conducted by h City's physt ct an . shall bt d tena ned by th ndtvtdual - • 10 • I . • • ,. • ARTICLE 19. LAYOFF A. For description of the City's layoff policy see Section 3-1F-1-8 and Section 3-1L-1-8 of the Englewood Municipal Code . ARTICLE 20. LEAVE OF ABSENCE (WITHOUT PAY) E1 igibil ity Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child car, serious illness of a member of the employee's fam- ily, but shall not be used for the purpose of obtaining employment else- where. Leave without pay shall not exceed six months of any year but may be extended upon request for an additional six months. The total leave ti~ shall not exceed one year. Upon return from approved leave, the em - ployee will be restored to their fonaer 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 submitted in writing by the e ployee to the department head. The request shall indicate the r ason the leave of absence is being requested and the approximate length of leave ti requested. Consideration of leav Request The depart nt tad ay either grant or deny leave r qu sts, taking nto consfd ration t d part nt's work force, wor load and the ploy t's r q st. a Is to r urn by th date of leave t plra ton, t co s d red to ave voluntarily resigned r t s rvlc UTI ocru • Jl • , -• • • status in his/her previous classification and may 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 from the City shall be subject to a probationary period. The Department Head with the approval of the appointing authority may MOdify or waive the probation-ary period . NOTE: For legal authority see 3-lE-1 of the City Code . AltTJCLE 23. RETIREMENT BENEFITS For a description of the City's Pension Plan, see Section 3 -68 -1-13 of the Englewood Municipal Code . AltTICLE 24. LONG TERM DISAIILITY INSUUIICE long ten. disability insurance is provided for e.ployees covered by this Resolution . For description of eligibility and coverage, see the City 's long ten. disability plan available in the E•ployee Relations Depart~~ent. ARTICLE 25. WAGE PROVISION E~loyees covered by this Resolution will receive a wage increase ad -just~~ent of lS effective January 1, 1988 . . u . I . . - • • • • • Section 2. This resolution supersedes all other resolutions on this subject. ADOPTED AND APPROVED this 7th day of December, 1987. Eugene l. Otis, Mayor ATIEST: 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 com - plete copy of Resolution No . __ , Series of 1987 . Patricia H. Crow • J:) - I . • RESOLUTION NO. ~ SERIES OF 1987 • • • /lcl 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 E GLE WOOD, COLORADO, THAT: The following annual salaries for appointees of City Council, for the Municipal Court Judge, and daily salary for Associate Judges are hereby established for the calendar year 1988, to wit: Clty Manager Ci y A orney unicipal Court Judge Associate Judge Assistan City Attorney Assistant City Attorney Prosecutor Paralegal $ 93 $ 0 IF& $ .S. .J,Yb $ .5150 per day • CArF£C:. $ Q /S $3/.:173 ADOPTED AND APPROVED his 7th d y of December, 1987. A at: Colo o. Is, MAyor or h C y ru c py o P rlcla A. cr I • • • • . . ------.. -- 1'0: Mayor Otis City Council Members Council Members Elect PROM : Rick DeWitt, City Attorney DA~: December 7, 1987 RE: Lawsuit -Heinrichs • • • Attached is a copy of a Ca.plaint that we received today - DeceMber 7, 1987. The matter is beinq referred to Corroon and Black. If there are any questions on this Ca.plaint please do not hesitate to contact me. Respectfully subaitted, ') ' ~Ick Witt Attactu.ent cc: Andy McCown, C1ty Man ger I • - • • • • RECEIVED IN THE UNITED STATES DISTRICT COURT DEC 7 1987 FOR THE DISTRICT Of COLORADO M. or PIMNCl ..... Civil Action No. 'iJ7' 2.. ·13~~ qcpac_m · JERRALD AND JERALOYNE HEINRICHS, individually and as next of kin and natural parents, and as representatives of the estate of CHRISTOPHER HEINRICHS, deceased, Plaintiffs, va. THE DENVER' RIO GRANO£ WESTERN RAILROAD CO~PANY, a Delaware corporation: THE BURLINGTON NORTHERN RAILROAD, a Delaware corporation; THE ATCHISON TOPEKA' SANTA f£ RAILWAY CO~PANY, a Delaware -corporation; THE STAT£ OF COLORADO; THE CITY OF SHERIDAN, a municipal corporation: and THE CITY or ENGLEWOOD, a municipal corporation, DEFENDA TS. TO THE ABOVE NAMED DErE DANTS: You are b reby su oned and required to aerve upon Jerrald an~ Jeraldyn He1n ·ehs , ndiv dually and as next of k nand natural p r n a, and r preaentat avea of the eatate ot C riatop r e a, d e •• d Pla ntitfa Pro s , vhoae addr •• ia c 3 , ox e n e, &out Da ota 57710, an Anaver to th c pla1nt vh c • • rv d pon you, v t n twenty (20) daya aft r a vic ot upo yo , •eluaiv ot th day of aerv ic • I yo - -1- I • • - ,. • • • • fail to do so, judgment by default will be taken against you for the relief deaanded in the Coaplaint. (SEAL) Dated this 4th day of Septeaber, 1987 · ·-=-:-:-~·lt.!. ".::~ -;~c:.r: of ~hb Cou~ CLERK, UNITED STATES DISTRICT COURT JAMES R. MANSPEAKER By ( .... 1/1/\ .. (?, "G'.v ~-~! DEPUTY "' I . - .. •\.·· • ( ( Civil Action No. • • • c ( IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JERRALD AND JERALOYNE HEINRICHS, individually and as next of kin and natural parents, and as representatives of the estate of CHRISTOPHER HEINRICHS, deceased, Plaintiffs, vs. THE DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation; THE BURLINGTO NORTHERN RAILROAD, a Delaware corporation; THE ATCHISON TOPEKA & SANTA FE RAILWAY COMPANY, a Delaware corporation: THE STATE OF COLORADO; THE CITY OF SHERIDAN, a .unicipal corporation; and THE THE CITY OF E GLEWOOD, a municipal corporation; Defendants. COMPLAINT Plaintiffs allege as follows: JURISDICTI Plaintiffs are cittz ns and res16tnts of Sc n c, Stat Oa o 1, and ar th n xt of k n and n tura1 parents of C r s op r dec as d • II Sta e o Ctty of Sh r1dan ts a .unic pal corporation o Ill f d t City ot E gl ts a n1ctpa1 corporat on o Stat o Colorado . • I ...... • • ( ( ( ( IV Defendant Burlington Northern Railroad Company (Burlington) is a Delaware corporation with home office in St. Paul, Minnesota. v Defndant Denver & Rio Grande Western Railroad Company (Denver & Rio Grande) is a Delaware corporation with home office in Denver, Colorado. VI Defendant Atchison Topeka & Sante Fe Railway Company (Sante Fe) is a Delaware corporation with home office in Chicago, Illinois VII Jurisdiction in this case is based upon the provisions of 28 U.S.C. § 1332, in that there is complete diversity between the Plaintiffs and the Defendants in this action and the .atter in controversy exceeds the s o SlO,OOO.OO, exclusive of interest and costs. GENERAL ALLEGATIONS On or about September 6, 1985, Chr stopher Heinrichs was driving a s tractor trailer truck. Rochelle A. Bjugstad was a passenger in the true JJ r. Heinrichs was dr tng s a 1979 Fre f g tlfner cab- d signed and used for t rpose of pulling c rcfal .15 d by Aaerfcan Collo1d Carrier Corporat1on of bras a . Ill I . -· • • .. ( ( ( ( IV South Santa Fe Drive is a highway of the State of Colorado, maintained by the State Department of Highways of the State of Colroado. v West Oxford Avenue is located in and maintained by the Defendant cities of Sheridan and Englewood. VI Immediately east of the South Santa Fe Drive and West Oxford Avenue intersection there exists a railroad line owned and maintained by Den er & Rio Grande. VII The location at which Mr. Heinrichs attempted to make a left turn fs controlled y a traffic signal with a lighted turn arrow for the purpose of direct ing traffic fro southbound South Santa Fe Orive onto eastbound West Oxford Av nue. VIII Traffic control devices at the above-described intersection ar owned, operated and fn tafned by the State of Colorado and th City of Sheridan. IX ntersect on also contains a turn la of Sou Santa F s. X I -• • • ( ( ( c XII While Mr. Heinrichs was attempting to clear the intersection, signal warning devices were activated indicating the approach of a south- bound train on the Denver & Rio Grande tracks. XI II Before it could clear the Denver & Rio Grande tracks, the truck was struck by a train, owned by Defendant Burlington and operated by Defendant Burlington and/or Defendant Santa Fe, which was traveling southbound on the Denver & Rio Grande tracks. XIV As a result of the collision and ensuing fire, Christopher Heinrichs, deceased, suffered severe and fatal burns and injuries and exper ienced extre pain and suffering, emotional distress, loss of enjoy- ment of life, ~dical costs and expenses, ultimately resulting in his death on Septe ber 15, 1985. XV At all times pertinent hereto, Christopher Heinrichs was operating ) the true in a lawful nner in accordance with the statutes, rules, regulat ions, and ordinances of the State of Colorado and the cities of Sher idan and Englewood. abov ar SURVIVAL ACTIO First Clai• for Relief {De ver & Rio Grande estern Railroad Company) allegat o s set fort und r Jurisdlct on a d Gt ral Alleg t ions r y lncorporated as 1f ully s t ort re1n. Jl ra 1 road trac responstble for Ill ·•· a d 0 t • ( ( • • • ( , I accident, Septe ber 6, 1985, and had knowledge of the dangerous nature of the intersection of its tracks with West Oxford Avenue in Sher i dan, Colorado. IV Despite its knowledge of the dangerous condition existing at teh intersection of West Oxford Avenue and the Denver & Rio Grande railroad tracks, Denver & Rio Grande failed to install and maintain adequate .arning and safety devices at this intersection. v Denver & Rio Grande further failed to take the necessary ~a su res to control the flow of train traffic over its tracks in a manner safe for existing conditions, to include, among other things, its failure to install and maintain adeqaute switching and control devices to provide sufficient warning to vehicular traffi c of the approach of a train, and its failure to control the voluae of train traffic and the speed of such traffic in such a ~nner as to not create an unreasonably hazardous cond ition at the above- described intersection. VI T e acts and o i ssions of Denver & Rio Grande as set forth above were both negligent and intentional. e ac s and prox i 1 y caused t descrl d collislo . VII lsslons of Denver & Rio Grande as set forth above inJuries suffered by Mr. Heinrichs in the abov - RELIEF (BURll RAILROAD ) lbo v 1r t1ons forth und r Jurisdiction and ral All tions ' Or I tndtc co porat d as if fully s t orth h r n. 11 r'Oijt n 1y u s h tnt s o t nv r ct on of t 0• ord Avenu tnd S th S Rt re out bound trl ns through that 1 Ill I . • -• • • ( ( ( ( West Oxford Avenue and the Denver & Rio Grande railroad tracks crossing West Oxford Avenue in Sheridan, Colorado, and Burlington was aware of that hazardous condition sufficiently prior to September 6, 1985 so as to design, evaluate, and implement safety measures designed to minimize that hazardous condition. IV Despite the above, Burlington intentionally and negligently failed to imple ent adequate safety measures at the above-described intersection. v Burlington, among other things, failed to require that their train ~ich was involved in the above-described collision be operated at 1 speed sufficiently slow to allow the train to be stopped prior to impac t vith vehicular traffic on West Oxford Avenue; failed to require that an 1dequate loo out be mai tained to allow the subject train to be stopped prior to impact with t e true driven by Heinrichs; failed to maintain its equipment, and specifically the subject tr1in, in a condition which would 1llow it to stop prior to stri ing t e ehicle ~ich Mr. Heinrichs was driving; and ngeligently entru s ted its trains to another whom Burlington knew or should have no n would use the trains in such a manner as to cause an unreasonab le ris or ha to Mr. Heinrichs and others. The ac s and caus d t tnJurtes suf All T fo s nd c U (Ate VI issions of Burlington as set forth above proxi.ately r d by Hr. Heinrichs 1 t e above-described collision. THIRD ClAIM FOR RELIEF & Santa Fe Railway) t forth und r Jur1sdict on lnd Gen ra1 y ncorporlt d as if ully s t forth fn. tl routtn ly operat s tra ns upon tht tracks of r ction of 0 ord A nue aftd South und tratns through h t a a. lll of I • • • • •' .. ( ( ( West Oxford Avenue and the Denver & Rio Grande rail r oad tracks crossing West Oxford Avenue in Sheridan, Colorado, and Santa Fe was aware of th at hazardous condition sufficiently prior to September 6, 1985 so as to design, evaluate, and inmplement safety measures designed to minimize that hazardous condition. IV Despite the above, Santa Fe intentionally and negligently failed to plement adequa e safety measures at the above-described intersection. v Sante Fe, among other things, failed to operate the train which as involved in the above-described collision at a speed sufficiently slo to allo~ the train to be stopped prior to impact with vehicular traffic on West Oxford Avenu ; failed to ~~intain an adequate loo out to all t e subject train to be stopped prior to impact with the true driven by Mr . Heinrichs and ailed to intain its equipment, and specifically the sub ject train, in a cond1tlon hich uld allow it to stop prior to stri ing the vehicle which Hr. Heinrichs was driving. VI The ac s and 1ssions of Santa Fe as set forth above proxi.ately caused e 1njur1es su ered by Hr. Heinrichs in the above-described collision. of Colorado) all ga 1ons set for u der Jurisd1ct on and Gen ral All gatfons 1 o r by 1ncor orat d as tf ully se forth r in. T •~d ot r v II Ill -1· I • -• • • ( /' I ,. \ ( with regard to accidents , traffic flow, and safety hazards at the inter- section described above. IV Based upon the information available to it, the State of Colroado had knowledge of the hazardous conditions existing at the intersections of South Santa Fe Drive, West Oxford Avenue and the Denver & Rio Grande railroad tracks during at least the ten-year period prior to September 6, 1985. v Despite the inform ation available to it of the hazardous nature of the intersec ions at South Santa Fe Drive, West Oxford Avenue and the Denver & Rio Grande railroad tracks, the State of Colorado both negligently and intentionally failed to ta e appropriate action to eliminate or red uce the hazard to torists using that in tersection. VI T e ac s and ~issions of the State of Colorado as set forth above pro ia ely caused the da ~9 s sustaine~ by Mr. Heinrichs in the above- d scrt d colliston. for Relief (City of Sheridan) T all ga ions set fort under Jurisdiction and General AI .1 at1ons abo e ar ncorporat d as lf fully set forth rein. II ttl • a aly: a • an u 'I I . • • • • of South Santa Fe Drive, West Oxford Avenue and the Denver & Rio Grande railroad tracks during at least the ten-year period prior to September 6, 1985. v Despite the information available to it of the hazardous nature of the intersection at South Santa Fe Drive, West Oxford Avenue and the Denver & Rio Grande railroad tracks, the City of Sheridan both negligently and intentionally failed to take appropriate action to eliminate or reduce the hazard to motorists using that intersection. VI The acts and omissions of the City of Sheridan as set forth above prox i ately caused the da ages sustained by Mr . Heinrichs in t e above- descr ibed collision. Sixth Claim for Relief (City of Engle ood) The allega ions set forth under Jurisdiction and General Allegation s abo e are hereby incorproated as if full y set forth herein. II W st 0 ford Avenu , east of th intersection of West 0 ford Avenue and h 0 nver Rio Grande railroad trac s, 1s a street of the Ci Y o Engl wood, and th City of Engl od 1s responstbl for Ninten- ance, safe y, up e p, control, design, and .adificat1on of that street, and IS fur er speci ically responsibl or vehltuhr tra fie en ering t e above-d scrib d tn ers ction from t e1st and exiting the sa tntersection to t eas • Ill IV tes d t int r-I . - .. • · .. • • • ( \ ( v Based upon the information available to it, the City of Engle1~ood had knowledge of the hazardous conditions existing at the intersection of West Oxford Avenue and the Denver & Rio Grande railroad tracks during at least the ten-year period perior to September 6, 1gas. VI Despite the information available to it of the hazardous nature of the intersection at West Oxford Avenue and the Denver & Rio Grande railroad tracks, the City of Englewood both negligentlyandintentionally failed to take adequate action to eliminate or reduce the hazard to motor ists using that intersection. VI I The acts and omissions of the City of Englewood as set forth above proximately caused the damages sustained by Mr. Heinrichs. WHEREFORE, Plaintiffs respectfully request the Court enter judgment in favor of Plaintiffs and against Defendants, jointly and severally, and award to Plaintiffs their damages, costs, disbursements, expert witness fees, in the amount of $400,000.00, and such other and further relief as the Court may deem jus t under these circumstances. WRONGFUL DEATH Seventh Through Twelfth Claims for Relief Plaintif s br1ng t is action on b half of the estat of Christop r Helnr1c s, dec ased, a d as next of in and natural parents of Chrlstop r H fnr1c s, d ceased. II a d s l s t or h Ill .. - I . - ': ' .. ' .• .. . ~ • • • ( incurred funeral and burial expenses. WHEREFORE, Plaintiffs respectfully request the Court enter judgment in favor of Plaintiffs and against Defendants, jointly and severally, and a1·1ard to Plaintiffs their damages, costs, disbursements, expert witness fees, in the amount of S400,000 .00, and such other and further relief as the Court n~y deem just under these circumstances. PUNITIVE DAMAGES Thirteenth Claim for Relief The acts and omissions of the Defendants, and each of them, as set forth above, were willful and wanton and were in complete disregard of the rights of Christopher Heinrichs. deceased, and entitle Plaintifts to an award of punitive damages. WHEREFORE, Plaintiffs respectfully request the Court enter judgment in favor of the Plaintiffs and against the above designated Defendants, jointly and severally, and award to Plaintiffs punitive damages against all Defendants in such an amount as will punish th em for their gross negligence and their willful and wanton disregard of the rights of Christop er Heinrichs, deceased, and Plaintiffs, and such other and further relief as this Co rt .ay de~ appropriate. PLAI TIFFS DEMAND TRIAl BY JURY ON ALL ISSUES Respectfully submitted, ~/~ ~NRICHS lnd v1dually and as natural par nts. and o l ta e o Chr1 d ProS ·ll· t of k1n and s repres ntati s toph r tnr ch , I . - • MEMO TO: f.\ayor Otis f4embers of the City Council Council Members Elect FROM: Rick De\Htt, City Attorney DATE: December 7, 1987 • • • RE: Liability of City for failure to extinguish fires outside city limits. In the course of doing research I came across a recent case from Illinois regarding the City of Taylorville. Cincinnati Insurance coy:any vs. City of Taylorville 818 F.2d, 1345 (7th circuit 1987 . A City of Taylorville Ordinance required all persons with property located out of the City to join the City's Fire Protect ion Association in order to receive fire services. The owner of the Music H 11 fail d to join the Association and subsequently suffer d fire d ge to his Music Uall building. The Music Hall's Insurance Coapany sued the City for ita refusal to ti .. ly extinguish th f r . Th insurer alleged that the City had volunt rily assu d th du y to fight the fire and tha th City had a s a u ory du y b d upon a prior Ordinance. The Court of App ala h ld in favor of th City finding tha th F1r o part n s arrival a h 1r nd the Fire Chief's inapect1on of th building d d no ut a volun ary aasuMpt on of du y. T C y d d no u ory du y o ex inguiah h ir • no ec: I • • - • '1'0 : Mayor Otis Members of the City Council City Council Members Elect FROM : Rick DeWitt, City Attorney DATE : December 7, 1987 • • • Please find enclosed the prov1s1ons relating to rent on the Trolley Square King Soopers Property. Also find the provision relating to tax s . The entire Lease is approximately sixty-nine (69) pages long, I have not enclosed all of its provisions for that reason. If you would like the entir ocument please let me know and I will have it copied for you . Enclosure ee: Andy eC n , D c Hinson, r of Urban Renewal I . • • • V. OPTION TO REN EW 1. The Leaaor hereby granta and give~t to Laaaee, at Leaaea'a option, the right to renew thia Laaae for one additional (l) tan year period and aavan (7) additional five (5) year per- ioda, provided that the Laaaae ia not then in default under any provia ion of thia Laaae; the aarne to be aubject to all of the tame and concHtiona of t.hia Laaaa, an.:J upon the aan1t1 tt~rma a111l conditione provid•d herein. 2. Leaaae a hall be dea-acS to have axerci aad ita option to renew for any of the additional perioda unlaaa La•••• aha ll give La~or wrlt.ten notice of ita intention to termin a te at laaat one hundred twenty (120) daya prior to the expiration of the then current term . l. c final uti.on of t Vl. Rt:NT t.h C:Oflllllenc ent.. data of L aae Aaendlllent ref rr thia Leaa until t o 1n Article lV, act on 4, 1A ll y r n a • 1 50,5 0 a q. ft.. eat a t t ret of " U&e of 1 u tn a .. htanC'e o h f1 h.eantt J • ~~0.4 , ... U n fi o a1i&al~ n of • 1•••• t • au• • l uut.a • u t t.ha laaae\1 la.. \. e ra tal a all be a )u a l U n ·•••• 'f• a nd th e I • • • • • rental rate per annum ahall be eight dollar• an~twenty-one centM U8.21) time• the total aquare footage of the leaaed pr.,uiaee, which rental ehall be payable in advance on the fifteenth day of each .ant.h in equal -.onthly inatallmenta ( aometimea here in after referred to aa the •baae rent•). If the baae rent aa finally calculated ia .are or 1eaa than the amount paid prior to finali&ation of the baae rent. in the 1eaau ame n d me n t, then Leaaee ahall either pay any deficiency or receive a refund from Leaaor of any overpayn~ent at the ti ~a e the leaae -endaent ia fully executed. l. In a4dit.ion to the baalc ren t.el aa aet. f or th in paragraph 1 above, lAaaee agreea to pay to Leaeor, at. the t !Jaea t and in the •anner hereafter eet f orth, an additional a um equ al to an ..aunt derived fraa the followi nrJ fo r.u h which la llaaed 011 Leaaea'a •aa1ea a nd bualnaaa tranaected• (aa h erei n aft er define~) duri09 each •t l a c al year • (ae hereinafter defined)• (a ) L••••• e h all pay one perc e nt (1 •) of aa lea a nd buaineee tranaact in ex c eaa of ift een HUUon Dolhre (f1S,OOO,OO ) and u t o 1'hlrt.y HUll Oclll ar. 0,0011,0 U) Jn a y fh a 1 y ae rt a nd ( ) L e .. ea a t all pay \.h ee •lourtha (J / ) t ,.. erc•nt (l t ) of la le e and ue •n .. a tr are a 1n a xe •• of Tt irt.y H11Uon 1l a e -1 - I • • - • • • • (~30,000,000) and up to Forty""Million Dollara ($40,000,000) in any fiacal year, and (c) L••••• ahall pay one-fourth (l/4) of one percent (ll) of ealea and buaineaa tranaact.ecJ in eaceaa of t 'orty filillion (~40,000,0UU) in any flacal yaarr Tha a wne payable une2er e ubparagraa•h a (e), (b), ana (c) .Vova ahall be reduced by the aggr~ete of• ,, Cl •• ,. t c:v ta aa laa o t IJi)f•ht' ...... J • any 0 (1) the .. ount of reel property taaaa or other i•poaitiona paid under Article lX hereof by La•••• each fiacal year1 (ii) all inaurance pr .. iu.e paid by L••••• um.Jer thu ter•11 of Article XIV, aoa o.:llvu 1, hereof apvtlcabla to each fla c al y11aC1 an~ ( 111) Tan ant' a o.: ou area ••v•n••• vahl pureuant t.o Article JU 1, iiact1on J, har f applicable to each f a c al year. •ealaa e nd uain aa ran acted• e hall J• a "' r a lv by a.. ••••• on COUill Of aU wa •• an. I ••rc:l•an4J •• Of I ll)' nal.u • 01 'f >1 ,. .. ""'' .... , .. '"· on, t upu ' ... 1. hera t y Leu • a ny Olha VII I n, ttr n cr 1t, & re • • • epective of whether collectione arw made in t.Ae caee of ealea •ade upon credit1 provided, however, that the following iteme ahall not be included in •aal•• and buaineae tranaacted•• (a) Cigare~te, cigar, and to~acco aalaa1 (b) &alae tax, occupatioual taxee, or al rnilar ta&eM now or hereafter levied by any CJOv•rn~u•ntel authorh.y upon eny ••1•" uC 'JO<Ah by lA•••• •11•1 IJ11led or char•J-.1 ~o the a•uro.:h•••r •• a •••••rate it.u. (c) Salea of aaaata in connection "'ith the liquidation, reocg ani&ation or tranafer of any part, or all, of L•••••'• buaineaa, (d) Oooda tranaferred by Leaaae fr0111 t.he pr i ••• to any other rate i 1 at ora or -rahou ae "'hl~.;h le OVI1 8\1 or cant c.U atJ, dlre~tly or imUr- • 'tly, I.Jy Le••••· ur ••r• the vuu.la ea • lu I.Je hel•l to th• • ount of lA••••' u1 'I (a ) (t) ( ) ( , Cu a tOMI r ratu n t;ah hl ol t a nd rafu ~., at • ut' 11 tu • a al t 1 t ry U u 1 ver • )'I I • • - • • • • ( i) Sales of aki tickets •nd' .oney order a: receipts or commissions from public pay telephones; delivery aervicea or ae agent for public utility cammieaiona in payment of gaa, elec trical and water billa1 aalea of aalval)e carlona, meat acr•i'• and other aalvagu •erchandi&el peymenta rece.lvetJ l.iy L•••e• on ocdere taken at \.he pr•11ieea but a..:cellleo.J elsewhere foe ~aerchandlee not available at. thu premiaaa, except in the event auch payments exceau Twenty-Five Thouaand Dollara (US,OOO) during any fiecal year within the tar•; ccedit, payment• or refunda fc0111 caturna to ahippara oc 111anufacturera reaulting fro-clalaa for loea or demaga to merch andiae in transit; pr~eeda frOM the eale, tra11efer oc ex change of the bueineee of lAe••• or th~ &..eaee, or the aul>l eael ncJ of the &•r81111ee• ur a ny p rt thereof: aalae in bulk of a ny ••rchand~a• or other prop rty not in the regular or ueual of lAeeae' • ueinaee; a n 1eo1 at .J, ca ual u •J •• • 1 na on the l lC i eee , ••&laret e ar \1 ... l t t • a u 1t •arke t ••.J d U•J 8 lU • •• aniJ 1 lr b or c e -l - I • • - • • • • • The term Mfiecal year" aa ueed herein ahall mean the fiacal year ueed for bookkeeping, accounting and tax purpoeee and initially ehall be deemed the period froan January 1 to Vecem- bar 31 of each year. lf thie Leaae begine on a date other than the firet day of Leeaee'e fiacal year or if aaid Leaee end• or ia terminated on a date other than the laat day of Leaaee'a fiacal year, the percentage rental calculation for auch fractional yeara ahall be in accordance with the herein ataled formulaa (a) The Average Daily tialea and ltueineee Traneact ed for any partial determined aa followaa Partlal F1ecal Year Crowe Solo and Oueineea 1'conan l.., I In l'r .. ni•t:• • HUIIIUIIC Of day11 111 i'actJ.al I'J. e c al Year fiacal year will be Avera~• Oaily tialea an~ ltuain••• Tranaacted (u) Th Avec•9• Daily alee wlll be •ult1pl1ed ~Y JC.!; day• ( 1 t a leap year, 3b6 deye) 1 lo delenain e • r jec twJ r o e Sal ee and UUaineee Traneacted f or a full " c o ) 1 Year.• (c ) ounl " 0 he I' ojecud to .. alee and ~eln • ho Proj ct e caL Year accord Ln<J to • ion 2 o thh Article, a n4 than C 11) IM.Il.\1 ly n -u- I • - • • • • • t.hA t f i gur• by a fraction t.he numerat.or of Whh:h ie t.lut number of daye in the partial fiecal year and the d•n ominalor of which ie 365 daye (or )6b Claye if a leap year). However, l.eeeee ehall only deduct. therefrom that. portion of real property t.axee, ineurance premiume, and common erea eapeneee Which are actually paid during euch fractional yeare or vhich ere attr ibu tab le to euch fractional yeare. FOR EXAMP LE 1 Part i a l Fi e c a l Year coneiete of 60 daye t'art.ial Fiec al Year Groee Salee a nd Uueineee Traneect.ed • ~S,lOO,OOU Average Da i ly Salee and Bu e in ••• Traneac ted Project.lld CrOII II Salee a nd Uuuin ••• Traneact e u fo Proj e ct e d Y•o r -f 5 ,100 ,000 60 • fdS,OOO - • • • )";J a ~U ),OOU (1 of ~u.o u. uo) + lU.7)• of ~1. J~,UUO) uu. 000 un. a1.so I • • -• • • Percentage Rente Due - Ruduced from thle figure would be r•al propvrty tax••, inaurance premluma, and CAM axpenaea paid dur in<J the fractional year or attributabl• to the partial year. Within thirty (30) daya after the end of each fiecal year, or fractional part thereof, Leaaea a hall furn1.1h Leaaor with a written atatement, certified by an officer of L••••• to be correct, cHacloai ng the amount of aalea and bua i n••• tranaact ad during the prec eding fiacal year. Concurrently with the fur- niahing of each e uch a nnual atat-•nt, L••a•• a h all pa'f ~ee or auch arno unt, if a ny, of addit.i on al rent ae aay be payaule pure uant t o the e prov ••one. I f t.hl• Le aa u 1• t.erNln atel.l prlor t o t.ha ea l)l rat.l ou o f ita ata t a t.l '-"• • ahall furnieh Leaao wnh a wr1 t teu at. at nt of a ale a n al neea t.ranaec:t.aiJ, "'ithi n thirtt (JI.l) • uy a oft c a r of ••••• uc:h e t.at • t • aU d 1 lo rt.ton of t Concu ••• • .. ll or • ll . 'I• nel f\l •• •'I r a r. -1 - I • • - • • • • .. ... Leaaee agreua that it ahall keep true and-accurate recorda of ita aalaa and buaineaa tranaacted and that auch recorda ahall lle k•pt at Leaaea' a main accounting office• for inapection by Leaaor, or ita rapraaantativea, at all reaaonabla timea due ln'.) re<)ular buain••• hour a and at reaaonabla intervale, for a period of at laeat one (l) year after the makin<J of the aalaa to whi ch they relata. Leaaor' a right of ecceaa to aaitl booka and recorda •ay be exerciaed within a one (1) year period after receipt of the certified a t at ement hereinbefore referred to, auch right to be exarciaed upon ten (10) daya' written notice to Leaaee. The a ce • tance by Leaaor of any ealaa and bueln••• tranaacted e ta ent furniahed by Leaaee ahall not preclude J.Aaaor fr 0111 queltionin') the a ccur a cy or c:~pl etaneaa thereof at a ny tin with n he on • ( 1) year period next. t ollowintJ the date J t, however, &Aaa or a hall ful t o 'uuuon any uuch atatu.nt~nt Wlthin aalcJ p •r iud, a llcJ in tt e unc of a freudulent. cerut1cat1on by LA••••• J..auor • all th e aher t1 (I • 11.11.1 fr tjuut.ion flC'J the a ccur a cy or c pl e ene be tour t o for hw h a c or til on Ut)' t o ot II • t a\ t Ot. a nt a haU in • rtet.e, a ~ju a LMe t a hell ~· •• a tt a rue ••••• a nd bu a in a • t.r ana- nvolv cJr ar y • fou h ll • I rt. wi h. -17- to b e ctu trOll 1f &Auo a t a ll I • -• • • aake an audit for any tiacal year and if tho ealee anc1. bu11in••• tranaacted ahown uy Leaaee' a atatement for that fiacal year ore found to be under11Lated by five perc11nl (~') or moro, Le1111011 &hall pay to Leauor the coat of auch audit olhtsrwiae Leeaor ahall bear the coat thereof. All rental paymenta ehall be payable in auch coin or currency of the United State• of America a& at the time of payment& ahall be legal tender for the payment of public and private debt&, paid to Leaaor and delivered to Leaaor at the aiSdreae apecitied in the notice prov1a1on of thie IAaae, or t.o auch other peraon e nd in auch other place •• Leaeor 111ey, fr 0111 tt.le to time, direct in writinCJ at leut thirty (30) daya prior to the date of paymont. Al l t xea , char~ee , colt.&, and expen1ea wh1ch the Lelaee ia req uired to ('I y ho ouud er, t()(Jethor with all interaat and pen- alt iea thoL tn.a., a ~: ruu thwroon in t.hw e vanl <J f thw Leaau11'11 fallU 0 t O poy II UCh lalhOUnl a , a nd all UliiiiA <JU&, «:OIIl ll a nU ulpOII II UII ich th L uor •uy incur by reaaon of a ny dot!ault of the IA&&II or f a lure on h Lull '11 a rt. to c nply wi h thll t.etTII ot il ll J.. a e, 1 lall b 1t. onal r nt. a n • n the ve t. of nonp Yft' n by h L«tleor 1 hell. h v all th u:.~h • Wllh •t•C I 0 1 c r -1 • I • • • - • • ---- X. WARkAN1'Y Lessor warrants that. to the beat of its knowledge and belief, at. the time of execution and delivery of the&e presents, there are no ordinances, regulations or private re11trict.ive cove- nants prohibitin<J thu use of the leas~ preml••• f or t.he opera- tion of • bu&ine•• i nvo lvin<J the aal• of groceri••• and r•latu~ it.ms of 111erchandi•• at retail. Xl • TAXJ::S 1. covenants and ac.Jrees to pay aa a ddl.tional interest, or coat be add•d rent, before thereto fo r any the penalty, nonpaymant thereof, all asses a,.ents, wat er r.ates, a ewer rates, a nd chargeo, which a t any ti m during the origin or any renewal peri <XI lilA)' be creel ltd, real estate ta•••· other goverMiental term of thia Le~• a •••••• ~.~. confirnut<l, 1• t~<>llo •l or ~:lla •J •ll ul'•lll ur wl lh r ••l'•.:L Lu lhw tot rJ au Bulldln') as a n l•trov.-. enl., e nl.l a leu~ e r•• (ln.:h,el v e ur lhu Lee eed llc l •u•) 1h l •r footeQe of tho Leesu para re h S b•l L•••• a ny an all upon lh l.ees • re • not t.o t a ve loeJ Uf IUUl • t.1•• ltll lf \I 'J he 'JI VIlli S otlHil e four (4) •• a•covhled tu r !•• or ••• a.a. ..t • or l sa · h Cont. r. Le eor coven an • cJ L•• r t. Ce t.e 1ncl\W J -~'1- I • • - • • • ,. • voluntarily or at the requeat of Leaaor in any apecial improve- •ent diatrict, apeci al aaaeaament diatrict or apecial t~x dietrict without Lewaee'11 prior wriltun conuunt.. The fallurt~ of any warranty conlltintod in thi.1 para•Jt"al'h ur Llut failure uf Lea11ur to obtain Leaeet~'a con aent. recjulre<.J undt~r the l•ara•Jra.vh ahall relieve Leaua fl·an ita obligation• to pay the aplllicei.Jle tu, ••••••ment or levy . 2. L••••• ataall deliver to LAaeor, wheu r••JueeLe<l, duplicat ed receipt& or photoatatic copiua thereof ahowln<J paytne:nt of all eaid taxes, aaaeaamenta, and other impoaitiona, within thirty (30) daya after the reapective final payment dateu. Leeaor ehal l, a t. it111 Ol'Llon, havu lh• ri<Jht at any time durin.., aaid d.miaucl tenu to poy, wit.hout the ne ·eallt.y of in14uir in'J into the validity or l~ality t.hereof, any euch taxee, aeeeeamente and impoaitlon e, a nd intereat an.J penalti•• t.her n, or other ch&r\J•• levied a l)ol u al a al tl r .. at ea tat e oc .. Jaluel the im&•l'UVIIIII&IIla thee n or a ny inl e r e11 ther e on or incom• t.h~trefroul herein a'J r aeJ to b paid by L 81 anu r8111aininl) unpaid after 8&1 n• 8hall hav• bec01 o dalinqu nt 1 a nJ to pay 1 cancel and clear the record of aU tax ala , 11 n 1 c ar·J•• and cl a i111 11 u n or a')ai n et ea id r al ee at or i h n tc t or any o t.h fr ••• t u ~u a· at a ( t.w 111 • ,,., • lu• t\• rt~wlth, ahA\1 h •r int.e r ee l • th• l r •nt (l ) , v e I e l ' l•e ale harv .. t, I t 1 • -1.1 - I • • • t.o time, b y The Fir •t Int•r •ta t e Da n k, De n ver, Coloral2o_(here1 n- after ref•rred to a • "2 • ove r prime ") a ncJ eha l l be e o much additi on a l ren t due from Leeeee to Leaaor a t the next r ental payment. date a fter a uch paymen t, e ubj e ct, h o we ver , t o th e follow ing proviaoa Le e eee may conte e t i n g ood f a ith , b y a ppropri a te p ro- ceeding, a t Leeae e ' a expen e e , inc luding a ny interee t o r pen a lty a nd a t t.orneya ' fe e a, if a ny , a nd in Leea e e' • or Le eao r' a n eme, a ny tax, a aeoaamen t, or valuation of the c e nt e r l a nd or ~prov e - mente o r 111 y po r tion ther e o f . ProvicJed t hat by po e t i n g bond or othe r a i ~ila r •e ch a n iam .Le a e ee'e ch a ll e n g e doee not e ub)ec:t Leeeor o r other te n a nt e t o ri e k of 1 0 11 thr o ug h e viction, forec l o eu r e o r tu a a le. In e u c h e vent, Le eao r will coope r a t e f u lly with Le e eee a nd wl ll e x ec ut e eny d ocuna en t ""'ich •a y be nec e a e ary or pro e r t or a ny a u ch proc e eding. 3. lf Le1uw -.hall i n 9ood fa ith, p roc eed t o cont u t. a ny I UC t.u or aua 1u nt or othe r c:h rge a gain e t u ld r o a l e at ate or prov th r on or t h v a licht.y t.her f by v ro r l ttl i n • o rJ n e e w t. l abov • t•r v nt u, o ll t.l on f 0 t. a e at of •• a ny art. t. a a laly t.he I or t o pr f )( • e • v u a u•• o r t. • I II Ill 0 a ny • • , . .. .,. • l, t.h e • • ...... e h a ll -~-----· I . -• • • (_ pendin') the tarmiualion of auch le<Jal procettl.!inga, have the ri';,lht t.o pay, remove or diacharge any t.ax aaaeaament, and Lel"aee ahall not be requireJ to pay, diacharge, or r•nove any auch tax, aaaeaament, or other charge eo long aa auch proceeding ia pending and undiapoaed of, and eo long aa auch nonpayment or proceedings baaed on nonpayment do not in anywiae affect the title or inter- eat of Leaaor in the property. 4. ll ia expreaaly a<Jreed thal Leeaae &hell not be obligated to pay any capital levy or coql<lrate frenchiae tax levied or impoaed upon Leaaor, or any eatate, inheritance, aucceaaor , or trenafer teK upon any paaain'.) of Leaaor'a intereat in the leea ed pr•niaea, or any income tax, profi t.a tax, axc:iae t.ax, or othe r tax or charge that •ay be payable or chargeable to Leaaor under any preaent. or future law of the Unlt.ed 6t.at.ee or t.he atate where the leaaed pr.,.laee are located, or 1•poa811 by any political or texin<J a ubdLvi ai on thereof, or any govern.untel a gency, upon or with reap•ct. to the rent recttlved by Leaaor un•.S.r t.hle L aae. ~. Lttuao a hall r uea publ c reel p o~erty tax a ••• Store nt o l c ala to aapa rat lY aeeeee. for tax purpo • • th• ild n9 r lt a n oun ot len ual to our t ) t.illl88 h oct cleh L u lr la hll o fu to • oot. ~e. lf the •••••11 unt • a t 1 y a a a, then L uve I • • - • • • • ahall pay, aubject to the requir~nenta of Paragraph l abovv, (e) that portion of the total tax aeeee&ed againet the Center improvements ee determined by the ratio of the value aeaigned by the aeeeeement official• for the improvements within the leasud premieee to the total value for all the Center improvement. and, (b) that portion of the total tax aaeeaa-.1 againat the Center land ae determined by the ratio of (1) the land value aaeigned by the aueument officials for the a<Juar• foot&')e of the ground floor buildLng area of the leaeed prwnuee pluM lht! additlonal land area to (ii) the total value for all the Center land area. 6. In the furt.har event t.he aeeeaement officials fail or refuse to determine e eeparate value for the improvement• on the leaurd pr•11iua or land value for the aquare footage of th• leased pr ieee t1.111ea four (4), the L.eaaee' a obl il)atlon for payntent of rt:d pro urt.y taxee for inlprove~nents or land, or llolh, aa th ca11e may bv, shall be in the pr portion ae follow•• (a) f It J.ANU U!tl : <:e ut.er • T ax • LllaiJ liLy (b ) -1- • L•MIUIU 1 • , ••• L ou11l y l..111UIUU 0 U 1'olt Lhbll 1\.)' . .. I . • - • • I. &d '6-lhhu J2;/;uj '/," 3 r) ci . ~<-&-Ctt-fc~ ~bj-d~ 3 . /?h d?-' ~ AIEJI)A ITEM __ _ PIESEIITED n ___ _ n•• ------------- TS •-------------I . • • • • AIENDA ITEit 5a..-PI£SEIITED IY sa.r J ------~~------ TS t I . • ---------------------------------- L:-~-1 -I • - • .. 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