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Home My WebLink About1983-08-01 (Regular) Meeting AgendaCity Council Meeting -Regular August 1, 1983 • • • 0 CITY COUNCIL MEETING August 1, 1983 • • - RESOLtrriON # ~, 0, 41, 42, 43 ORDINA.~CE If )((. z7. )8 , :l9, 40 • 0 0 • I . . • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL C·l C\ AUGUST 1 , 1 983 / ti1).;~~ / ()\}.-> I 7:30P.M. Call to /order, invocation by The Reverend George I. Welch, Rector of St. George's Episcopal Church, 3600 South Clarkson Street, pledge of allegiance by Boy Scout T{oop #92, and roll call. 1. f~)--' ~~ 2. t~ 3. 4 . Jl)). ~ Minutes. (a) Minutes of the regular meeting of July 18, 1983. (Copies enclosed.) (b) Minutes of the special meeting ofJuly25, 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limi t your pre- sentation to 10 minutes.) Other Visitors. (Please lizit your pr s entation to 5 minutes.)~ a m _Akd.u , -4&0 Pu b li c H a r i ng. Communications -No Ac ion R commend d. (a) (b) m (c) 0 (d) Minu • lng Car r S rvic Co iaaion- Hay 25 nd Jun 13, 1983. of Adjustm nt and App ala 83. (Copi a ncloa d.) S r Board • tin ncloa d.) nd Zonin Co iaaion (Copi a ncloa d.) • • • j § ~ ' • • - Page 2 August 1, 1983 Agenda 5. 6. Communications -No Action Recommended (Cont i nued ). (e) Minutes of the Public Library Board meeting of July 12, 1983. (Copies enclosed.) (f) Minutes of the Downtown Development Auth o r it y meeting of July 13, 1983. (Copies enclosed.) Communi c ations -Action Recommended. Letter from Mr. Larry Dickenson concerning his r e signation from the Urban Renewal Authority. (Co p ie s enclo s ed.) Co uncil Communi c ation from the P lann i n g and Zo ni ng Commission meeting con ce rn i ng a pro pos ed amendment to the Comprehensi ve Zoning Ord i nanc e add i ng new section 2 2.4C, Design Gui d elines for the So u th Broa dw ay Incentive Area . (Copies enclose d.) 7 . City Attor n ey . Ordinances on Fi n al Reading . (a) Ordinance approving a contract fo r municipal services to permit other governmental entities to use the sewage tr atment plant of the City of Englewood. (Copies enclos d .) (b) (c) Ordinance r p aling and r nacting S ctions 2 nd 3 of Chap er 3, Title XIII, of th 1969 En lewood Municipal Cod , s mend d, r latin to busin ss nd occupation 1 tax s upon utility companies op rating within th City of Engle- wood. (Copies enclosed.) • • • • • Page 3 August 1, 1983 Agenda Bills for Ordinance. (f) Bill approving a collective bargaining agreement () fl #-43-· ~ by and between the City of Englewood, Colorado, l/r~ ~~ and Englewood Police Benefit Association, jj'1 ~ effective January 1, 1984 through December 31, \Yi ~· 1985. (Copies enclosed.) 1PP -CJ Resolution. c ~ (g) Resolution providing for the notice of General Obligation Bonds, Series the principal amount of $4,600,000. enclosed.) Other Matters. of sale 1983, in (Copies -~(h) Order of Dismissal-City of Snglewood vs. ~-Rocky Mountain Acquisitions, Inc. (Copies . . enclosed.) cu:iJ._~..._~ "( a,._tY~ tt..~ (i) Attorney's Choic'";;. ~a. 1t.~~ S Jhc.C.IU'K..f ~ -c. [Jut (IJ/. (TJ ~ a_;) -'j.)a. 'L~ ~ '1.-City Manager. 8. ('a) Council Communication from the Fire Chief t -"' concerning mutual aid fire services be ween the cities of Cherry Hills and Engl wood , Colorado. (Copies enclosed.) (b ) Man g r's Choice.-;( ..l.l 1..('/1 ('l o-'-«.1;( I. lC-(.) 9 . G n ral Oi cusaion. '7 2 -u JJ :.; 0 u,_/, _, :J::ttl ._ £.(. ~ e1 1-a. HV /ab a yor's Choice . f v..~ ' '\. ' • r Council Communication from th c rnin v caney on t h Urban Authority. (Copi 1 ncloa d .) :1b r' a Choic I 'I> • yor con- n wal I • • , • • • Abstain '~~!Ul~ )\ ' . ~ I ~~ &-{? n>. ~~C ALL ~~II l tff'3 Moveet Seconded Aye s Nay Absent Higdav Neal Fl tzoat rick Weist Bi lo Bradshaw Oti s I . . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday L.-- Neal 1-- Fl tzoatrick L-- Weist L-- Bi lo I-- Bradshaw v Otis 1.--- I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v-Neal Fitzpatrick Weist v Bi lo ...... Bradshaw Otis I /tt- • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ...--Neal Fltzoatrick - Weist ..--Bi lo Bradshaw Otis ,__ I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ICiaav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis z_ I . • • - • - ROLL CALL Moved Seconded A yes Na y Absent Abstain H1qday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis ~L ~~ 4~otJ .~t t_· L · -~ <u(1 lk- !4---z c~.J ~~~ ...----{t ~"'' <.l ".( . /1-J~ i l I I U..<. ·~ J_ \_J -4 '-.:...-0 " v ( ~ L ~ I] tl.. t L ~ !.'-1 Ul :I. ~Jt -..,(,. ) j ( I 0 t. L) ( u t -- I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ...!!~'!1' v Neal -Fit~atrick Weist ...... Bi lo Bradshaw Otis I . • • • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain Higday Heal Fltzoatrick Weist Bi lo Bradshaw Otis Al "--'' {)-_J~ --.Xl .IX~--t "' -. <:_, S -(') L )#J ...___ • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ...... v--Neal I Fl tzoat rick Weist Bi lo v-Bradshaw Otis L- I • • • • • - Moved ROLL CALL Jr)c.. (ru_ fJ u >L t ~ N<JY\.. "'u..J..._ ~ ~ .y_CL:I-cJcU.Lu. Ayes Nay Absent Abstain J Seconded Higday V' Neal l ......-Fitzpatrick Weist Bi lo I "' Bradshaw I Otis I I /U<--JU_~ fJ d-~ d-~ L c__ p, 5 H ""-(jtci0' {l ~~ J'} ~ r!--L . I ;-\ ) J <' v~ .... - ) - I • l lt...l • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain _Higday .__ Neal I ,_ Fitzpatrick Weist ,._..-Bi lo Bradshaw Otis I I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -Neal I Fi tzoatrick Weist ._.... Bi lo ........... Bradshaw Otis • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal £.--Fl tzpatrick Weist Bi lo ...._.... Bradshaw Otis • • • • ROLL CALL Mov ed s econded Ayes Nay Absent Abstain 1-I L- iqdav 1-- Neal I I-- Fi~zoatr ick I , We 1st T ~ I 1 - L Bi lo --- t I 1 Bradshaw Otis I I I I I j !I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~lciOay ............- Neal Fitznatrick Weist ~ Bi lo ~ Bradshaw Otis • • • • ROLL CALL Moved S o ded ec n Ayes Nay Absent Abstain _!!~ay Neal -Fi t~atrick Weist Bi lo --Bradshaw Otis J • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday --Neal I Fltzoatrick 1 Weist Bi lo Bradshaw Otis I • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday I-" Neal c.--Fitzoatrick Weist c....--Bi lo Bradshaw Otis 1( • • • • • - ROLL CALL Moved Seconded Ayes Na y Absent Abstain Higday Neal v Fitzoatri ck Weist Bi lo .I/ Bradshaw Otis ~ '1 ..____/ 1.L- )J ~ {l lt )-:-. } ) / < ..__I J _(It ' l 0-:J-::J' ~ ~ / {L (" UJ ·, ,.,.. A.J ~-. I. ~1 {l tL I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v Neal I Fl tzpatrick ·- \ole i st Bi lo Bradshaw Otis I • • • • • ,. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist Bi lo Bradshaw Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday NeaT Fl tzoatrick Weist Bi lo Bradshaw Otis , 1L-. I . . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday v Neal 1 ---Fitzoatrick I Weist 7 -Bi lo I Bradshaw I Otis I I . • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain lHC1day v Neal Fi tzoatrick Weist Bi lo ......... Bradshaw Otis ' 9/[ct.i-{JI)H V'>w '/ I D t3 ~ C/)11 ~ 0l1 tu/ -r-.u--.J-t d /1!. UU1'-- -fltu I {)t3 -~ _,£ f rz--l1 , !.. >CJz; V- • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v NeaT Fit2:oatrick Weist Bi lo Bradshaw Otis I • • • • • ROLL CALL Moved Seconded A yes N ay Absent Ab s ta in HiQda y NeaT F"1 tzoatrick Wei s t Bi lo Bradshaw Oti s ) 1_/u 0 -tf-f(f / W -¥~ OtLl ~ d_u ~ -< ~ \._ .,('-.... ~- J L..Jt (._ [ ~~ /_ ~ 1-T .{')') • • • • - • • ROLL CALL /)l c. O'?.cn.f~/)l.ue(_ Moved Seconded Ayes Nay Absent Abstain Higday -Neal -.--Fl tzoatrick I Weist v Bi lo Bradshaw Otis I • • 0 • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abst · a1n Hiqdav Neal Fl tzoatrick Wei s t Bi lo Bradshaw Otis ) b . ,fh (.__ Ctl)_ UY\ ~ ~ <__...~.-3t f (C.C ~ c ~ -.-f\ • J "")~ f " ~V'"~ c-) s? I . . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1odav Neal -Fltzoatrick Weist ~ Bi lo Bradshaw Otis ) t I • • • • • • • ROLL CALL Seconded Ayes Nay Absent Abstain Higdav ---Neal Fitzoatrick Weist ,__ Bi lo Bradshaw Otis • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~lciOav Neal Fltzoatrick Weist Bi lo Bradshaw Otis ~b . • • • • - • - ROLL CALL Moved Seconded Ayes Nay Absent Abstai n Higda y v Neal v Fitzpatrick Wei st .....-Bi lo Bradshaw Otis • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hi(Jdav Neal Fitzoatrick Weist Bi lo Bradshaw Otis fllTJ oucrt (___(_,L . iJ 1./YY\ -(_ L < 1 /(_ o L 11 L cV- ------------------------------ t 1 -~,_,_ __ -I; ~~ • • • • • .. COUNCIL CHAMBERS City of Englewood, Colorado July 18, 1983 I~ REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on July 18, 1g83. Mayor Otis, presiding, called the meeting to order . The invocation was given by Council Member Fitzpatrick . The pledge of allegiance was led by Mayor Otis . Mayor Otis asked for roll call. Upon a call of the roll, the followino were present: Council Members Higday, Neal, Fitzpartick, Weist, Bilo, Bradshaw, Otis . Absent: None The Mayor declared a quorum present. * Also present were : * * * * * • City Manager McCown City Attorney DeWitt Assistant City Manager Varoas Director of Parks and Recreation Romans Ass is tant Director of Parks and Recreation Kuhn Director of Eno i neer i ng Di ede Act i ng Deputy City Clerk Castle • • * • * COU CIL M ER BRADSHAW VED TO APPROV E THE MI NUTES OF THE REGULAR ETI G OF JULY 5, 1983 . Council er Fitzpatrfc second d he motion . ~Jan u • should 1r ull paragraph, h n yor Otis also noted t a on pag 11, paraqraph 4, Hous1ng Au horf y • should be s a d . appoin n of rs r d ha 1nd r tzpatrfc o ma th chano s po a call of th roll, d as oll A S: Co cfl r Hfod y, 11, Ff zpa rfc • ' 0 i YS : • • • • July 18, 1983 Page 2 The Mayor declared the motion carried . • • • • • • There were no pre-scheduled visitors . • • • • • • There were no other visitors . • • • • • • There was no public hearing. • • • • • • "Conmunic ations -No Action Reconmended" on the agenda were : (a) (b) Minutes of the Planning and Zoning Commission meetino of June 21, 1983 - Minutes of the Public library Board meeting of July 12, 1983. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(B). Council member Bradshaw seconded the motion. Upon a call of the roll, th vote resulted as foll s: AYES: Council Members Higday, al, Fitzpatrick, ist, Bilo, Bradshaw, Otis NAY S: None The Mayor declared th motion carried. • • • • • COU Cll E ER EAL VED TO ADV CE AGE DA ITE AGENDA . Council r Fi zpa ric~ second d h ~ ion. vot resul d as A ES: AYS · Th yor Oi c c rn n Council • Btlo, 1. 1. • 0 • B(A) AND B(B) ON T~E Upon a call of roll, h • July 18, 1983 Page 3 • • .. Director of Parks and Recreation Packy Romans told the Council that the sprinkler heads manufactured by the Thompson Manufacturing Company would be best suited for the low area of the athletic field because they resist moisture and dirt when the area is flooded. The smaller rubber head is more easily concealed and less likely to interfere with sports. Assistant Director of Parks and Recreation Leon Kuhn said the more expensive Thompson heads would be used only in the low area, and not all parks would need this type of equipment. The initial cost of the Thompson sprinklers is prohibitive . He added that, after the flood of 1965, these were the only sprinkler systems that remained operational. Council Member Bradshaw, noting that the bids came in under the architect's estimate, commended the staff for the savings to the City. COUNCIL MEMBER NEAL MOVED TO AWARD PURCHASE OF SPRINKLER COMPONENTS FOR THE ENGLEWOOD HIGH SCHOOL DETENTION POND FOR RAINBIRD HEADS AND SUPERIOR CONTROLLERS TO TURF IRRIGATION SUPPLY, ENGLEWOOD, COLORADO FOR $10, 354.44 AND TO WICKHAM SUPPLY OF HOUSTON, TEXAS FOR THOMPSON SPRI NKLER S FOR $1 5,274.00. Council Member Bilo seconded the motion . Upon a call of the roll, the vote resulted as follows: AYES: NAYS : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication from the City Manager's Office concerning the award of bid for the fire pumper. Fire Chief James Broman cited superior delivery time, maintenance service, warranty follow-through, and the fact that he E r ency One un1 is mad of alu inu as reasons for choosing Firefighter Engine and Supply to b aw rd d th bid. Although this wa s not the lo s bid, he fel h th dv nt s to this quip n ou w igh d extra cost . T S u ph Corporation also es n al in~ engine, bu h cos is consfd ra 1 r . ly • • July 18, 1983 Page 4 • • .. Council Member Neal, referring to a memo included in the Council Communication dated June 23, 1983, from James R. Haugsness to Chief Broman, page two, item one under "Factors Which Cause Bids to be Higher Than Anticipated", inquired as to whether the $6,905 .00 listed was a part of the $65,000.00 approved by Council in the regular budget or if it was part of the $160,000.00 which was not approved . Chief Broman replied that it was part of the $160,000 .00 which was not approved, and that this was not mentioned was merely an oversight. He said the bid was for a basic pumper without the equipment necessary to operate it. He said the $6,905.00 could be absorbed within the budget . Council Member Neal exrressed his displeasure with the fact that it was not made apparent that this was the second request for this money. City Manager McCown told the Council that the pumper could be obtained on a lease/purchase agreement along with data processing equipment and a roto-mill . The three items together would bring the best deal. Chief Broman suggested that the Council consider purchasing two vehicles at once for the greatest savings. The City Manager said that would more or less nullify the lease/purchase agreement because new bids would have to be taken and that would cause delay. The data processing equipment needs to be obtained soon. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE AQUISITION THRU A LEASE/PURCHASE AGREEMENT OF AN EMERGENCY ONE CUSTOM FIRE PUMPER FROM FIREFIGHTER ENGINE AND SUPPLY AT THE PURCHASE PRICE OF $159,380.00 MINUS $6,905 .00 0 BE ABSORBED WITHIN THE FIRE DEPARTMENT BUDGET (reference Council Communica ion 8B, memo dated June 23, 1983 from Ja s R. Haugsness to Chief Broman, pa two, item one under "F actors Which Cause B1ds to be Higher Than Anticipated"). Council Me mber B1lo seconded the motion. Upon a call of the roll, the vo e resulted as follows : AYES : AYS: Council M mbers Higday, Neal, Fi zpatrick, W ist, Bilo, Bradshaw, Otis None or d cla red h motion carried. El ct o C AYE : ,. • • • • • P erson, r of he he Co fs~ion. 0 0 ACCEPT THE RESIG ATIO· OF BILL PATTERSO Mr . 8 lo cod d h mo ion . Upon a call o ollow : Council rs H gd1y, al, F1 zpa ric , f t, 8 lo, Br dsh w, 0 1s r d . • • • • I • • July 18, 1983 Page 5 • • • Mayor Otis presented a Council Communication from the Director of Community Development concerning an agreement with First Interstate Bank for a Broadway Commercial Rehab Program. COUNCIL MEMBER NEAL MOVED TO APPROVE THE CREATION OF A LOAN POOL WITH IRST INTERSTATE BANK FOR THE BROADWAY COMMERCIAL REHAB PROGRAM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: AYES: NAYS: Council Member Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. ORDINANCE NO. 32 SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE REPEALING AND REENACTING SECTIONS 2 AND 3 OF CHAPTER 3, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, RELATING TO BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING WITHIN THE CITY OF ENGLEWOOD. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO . 34, SE RIES OF 1983, ON FIRST READING. Council Memb r Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: AYE S: NAYS : Council Member Higday, Neal, Fitzpatrick Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. ORO! ANCE 0. 32 SERIES OF 1 B3 * * • * B AUTHORIT A BILL FO • • COU CIL BILL NO . 32 INTRODUCED BY COU CIL ME ER HIGOAY OROI A CE APPPOVI G A CO RACT FO ICIPA SERVIC S TO PERMIT OTH R GOYE TAL E TITlES TO U TH SE AG TR AT NT Pl OF TH CITY OF E J, • • July 18, 1983 Page 6 AYES: NAYS: • • - Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried . ORDINANCE NO. 34 SERIES OF 1983 • • • • BY AUTHORITY A BILL FOR • • COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2, AND 4, ENGLEWOOD MUNICIPAL CODE OF 1969. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO . 39, SERIES OF 1983, ON FIRST READING . Council Member Fitzpatrick seconded the motion . Council Member Bilo sought clarification reoarding the appointment of the members. It was explained that two mbers were Council appoin ees, t members were Board of Education appointees, and the others were appointed by the orioinal four . Mr . Bilo expressed concern that the two younger members would feel intimidated if appointed by the other memb rs. He felt they should be appoint d by Counc11. He would also support Council appointino one and th Board of Education appoin inq one. Council Member Fitzpatrick stated that he had be n concern d about more appointe s by the original four than by Council nd th Board of Educa fon, but realizes now hat Council passes final approval on d cisfons ~de by th Parks and Recreation C ission, and this is no longer of concern o him. Upon a call of ro 11, h vot sult d as foll AYES : AYS : Council T yor cl1red t 1110tion c1rried . o. 5 1983 .. .. BY 1y, 11, Ff lP ric , rs Bflo, 0 1s • • • • ITY • D July 18, 1983 Page 7 A BILL FOR • • - AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31, 1986. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Assistant City Manager Pete Vargas read an outline of the bar9aining agreement . He said this had been a very positive negotiation session and he was impressed with the Englewood Employees' Association team . Council Member Higday thanked the City team for a fine job and commended the EEA for the same. Upon a call of the roll, the vote resulted as follows: AYES : NAYS: Council Member Hfgday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. • • • • • • Item 7(e) was not yet available and will appear on the Auqust 1, 1983 agenda . RESOLUTION NO. 38 SERIES OF 1983 • • • • • • A RESOLUTION AOOPTI G Fl DINGS, CONCLUSI AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLE DOD, COLO 00. ER 0 38, SERIES OF 1983 . de call of h roll, th vo ul A E : Councn r Hl day, al, r1 tpatr1ck, i , Bllo, Br1dsll , 0 is S: n yor ch d motton c1rrt d . • • • • • • • 0 I . July 18, 1983 Page 8 • • • COUNCIL MEMBER BRAOSHAW MOVED TO TERMINATE THE TEFRA HEARING FOR SAFEWAY REVENUE BONDS SCHEDULED FOR JULY 25, 19BJ AND INCLUDE IT ON THE AGENDA FOR THE REGULAR MEETING OF AUGUST 15, 1983. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: AYES: NAYS : Council Member Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO REAPPOINT RACHAEL OWENS . 3200 WADSWORTH BLVD. TO A FOUR YEAR TERM ON THE DOWNTOWN DEVELOPMENT AUTHORITY, COMMENCING IMMEDIATELY EXPIRING JUNE 30, 1987; TO APPOINT WALTTAMOOKA, 69 W. FLOYD AVENUE, TO A FOUR YEAR TERM ON THE DOWNTOWN DEVELOPEMENT AUTHORITY, COMMENCING IMMEDIATELY, EXPIRING JUNE 30, 1987; TO APPOINT BILL PATTERSON, 645 S. WASHINGTON CR., TO A THREE YEAR TERM ON THE LIQUOR LICENSE AUTHORITY, COMMENCING AUGUST 4, 1983, EXPIRING AUG UST 4, 1986; TO APPOINT SAM KOSIARA, 660 E. GRAND AVENUE, TO AN UNEXPIRED TERM OF OFFICE, EFFECTIVE IMMEDIATELY, ON THE ELECTION COMMISSIO , EXPIRING FEBRUARY l, 19B4 . Council Member Higday seconded the motion. Upon a call of he roll, the vote resulted as follows : AYES: NAYS : Council Member Higday, Neal, Fitzpatrick, W fst, Bilo, Bradshaw, Otis None The yor d cl red th mo ion carried. AYES : AYS: T or d cle d • • • • • • X Ell, 4913 S. LIP TO AUTH PIT , Council vo e Council r Hfgday, al, Fitlpatrtc , tst, Bflo, Br dsha w, 0 1 on d. • • • • • D • July 18, 1983 Page 9 • • .. Council Member Bilo requested further consideration regarding the selection of the younger members of the Parks and Recreation Commission. * * * * * * Council Member Bilo complimented Dorothy Dalquist for her work on the Broadway Facade Improvement Program brochure. * * * * * * Council Member Higday reminded the Assistant City Manager that the table in Conference Room A is rough underneath and ruins clothing. * * * * * * Council Member Higday asked the City Manager for an explanation of the memo regarding the addition of South Clarkson, between Orchard and Hwy . 285 to the list to be considered for Urban Systems funding and i ndicating Clarkson was an arterial . Mr . Higday said it was his understanding that Council wanted Clarkson paved but not to be considered an arterial . City Manager McCown said staff has never rece i ved formal direction that it was not to be considered an arterial . He said the essence of the letter was that Clarkson has always been on the l i st but has always finished at the bottom for funding . It was put back on to keep the City's options open . * * * * • * Council Member Neal congratulated Swedish Medical Center for the recent ice cream social . * * * • • * COUNCIL MEMBER HIGOAY MOVED TO ADJOURN . May or Ot i s ad j ourned the et i ng at 9 :20 p .m. wi thout a vo t e . • • • SPECIAL MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado July 25, 1983 IB The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session at 7 :07 p.m. on July 25, 1983. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick . The pledge of allegiance was led by Mayor Pro Tern Bradshaw . Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll, the following were present : Council Members Higday, Neal , Fitzpatrick, Weist, Bilo, Bradshaw Absent : Mayor Otis Mayor Pro Tern Bradshaw declared a quorum present. * * * * * * COUNCIL MEMB FR BILO MOVED TO OP lN A RJBLIC HEARING TO CONSIDER COUNCIL BILLS NO. 27 AND NO. 29. Council Member Fitzpa rick s conded he motion. Upon a call of the roll, th vot r sult d as follows · Publ e H Downtown • ion a vo Ay s : Higday, Neal , Fitzpatrick, W ist, Bilo, Bradshaw y Non Ab n 0 is Th M yor Pro T m d clar d he mo ion carri d. o Council un il ch r olv d . Council M b r N al r it ra d h n d o poatpon any thh im . ClL M BFR NEAL 0 . 27 AND NO. Bilo 1 cond d d 1 follow : OVED TO POSTPOOE C SIDF.l\ATIC!-l OF 29 TO AN INDFFINITF OAT IN TH FUTURE. h m ion. Upon a call of h roll, • ) I • - July 25, 1983 Page 2 Ayes : Nays: Absent: • • • Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw None Otis The Mayor Pro Tern declared the motion carried. * * * * * COUNCIL MD1BER HIGDAY MOVED TO CLOSE THE RJBLIC HFARING. Council Member Bilo seconded the motion. Upon a call of the roll, the voted resulted as follows : Ayes : Nays: Absent : Higday, Neal, Fitzpatrick, Weist, Bilo Bradshaw: None Otis The Mayor Pro Tern declared the motion carried. * * * * * * Mayor Pro Tern Bradshaw declared the me ting adjourn d at 7 :15 EM. sson rk ) • PRESENT: ABSENT: OTH ERS PRESENT : • • - BOARD OF CAREER SERVICE COMMISSIONERS MAY 18, 1983 MINUTES JoE11en Turner, CaLherine Pokraka, Janet Kerzic, Betty Keena, Don ald Weber None Peter Vargas, Assistant City Man ager * • * * * * * * Chairman Weber cal l ed the meeting to order . Commissioner Pokraka asked that the following corrections and additions be made to the Apr1l 21, 1983 minutes: Paragraph 2 , page 2: Larry Leyden , President of E.P.B .A. Randy Pickrel, President of E .F.F .A . Item 5, page 2: add "in disciplinary actions" to the statement on lett r of ppeal righ s. Commissioner Keena moved, seconded by Commissioner Kerzic to pprov th April 21, 1983 minutes with he recommend d corr c ions. AYES: AYS: Turner, Pokraka, Kerz ic, Ke na, l'l'eber on It m wo on the genda was th Associ tions' Choic . no ssociat1on repres nta ives presen There w r rg a, 0 • • • • Commissioner Keena moved that the Board acce pt a l e t te r from Police Officer Randal Carson vacating his original r e que st for an appeal hearing. Commissioner Pokraka seconde d th e motion. AYES: NAYS : Turner, Pokraka, Kerzic, Keena, Weber None There were no unscheduled visitors present. Upon a motion for adjournment, Chairman Weber adjourned the May 18, 1983 regular meeting of the Board of Career Service Commissioners at 6:20 p.m. * * * * * • * • 1 .. I , 1 '-1 • !, Christy, Record i ng ecre t a r y • D I • • • • - BOARD OF CAREER SERVICE COMMISSIONERS SPECIAL MEETING MAY 25, 1983 IN THE MATTER OF THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEI'JOOD , CONCERNING A PETT'l'ION FOR AMENDMENT OF CERTIFICATION, THE BOARD OF CAREER SERVICE COMMISSIONERS HAS RENDERED THE FOLLOWING DETERMINATION: ACCORD! GLY, IT IS THE ORDER OF THIS BOARD THAT THE CERTIFICATION OF ENGLEWOOD EMPLOYEES ASSOCIATION BE, AD IT IS HEREBY, AMENDED TO REFLECT ITS AFFILIATION WITH A1-1ERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES , AFL-CIO AND ITS NE\~ DESIGNATION AS CITY OF ENGLEI-JOOD ENPLOYEES ASSOCIATION, LOCAL 303 , AFSCME , AFL-CIO, AFFILIATED WITH COLORADO PUBLIC EMPLOYEES COU CIL 76, AFSCME, AFL-CIO. (See Attached) Commiss1oner Pokraka moved, seconded by Commissioner Turner o accept the Board 's decision and order as stated abov AYES: Turner, Pokraka, Kerzic, Weber NAYS: Keena Keena sta ed hat sh vot l h • • • • • - BEFORE THE CAREER SERVICE BOARD OF TilE CITY OF ENGLEWOOD COLORADO IN THE MATTER OF THE ENGLEWOOD EMPLOYEES ASSOCIATION, and THE CITY OF ENGLEWOOD, CONCERNING A PETITION FOR AMENDMENT OF CERTIFICATION ) ) ) ) ) ) ) ) ) ) DECISION AND ORDER On May 10, 1983, Englewood Employees Association (EEA), the certified exclusive bargaining representative of a previously determined unit of employees of the City of Englewood, filed its pe ition to amend its certification to reflect its affiliation with Am rican Federation of State County and Municipal Employes, AFL-CIO (AFSCME) pursuant to section 5-4-6, En l wood Municipal Code (E.M .C.). A h arin was held by th Career Service Board (Board) at 7 .00 p m on May l , 1983, pursuant to section 5- 4-ll, E .M.C., at wh1ch EEA app ar d by its attorney John Crisw ll, and AFSCME's Int rnational R pr sentative Tom Doherty, nd th City of En lewood app ar d by its attorn y Rick D Witt . Th Board h rd th testimony of Tom Doherty , lnternation l R pr entativ for AFSCME, Dave Williams, In - t rnational Director of AFSCME and Juli Stark, pr sident of EEA. The Bo rd. hav1n h rd th t atimony nd con- ai d r d th ar nt of couna 1. I DS l Th p tition of EEA wa s prop rly fil d and is o h rwis prop r under Tiel 5, E .H.C. and the Chart r of th City of En l wood . 2. Th r qu at d of EEA is conais nt w h th con ploy r pr s nt tion units a s con 9(a)(2) E .H.C. • • • .. .. 3. No question concerning representation of the members of the bargaining unit was presented for considera- tion by the Board and the previously determined appropriate unit will remain the same. 4. EEA's affiliation with AFSCME was approved by a majority of the EEA's voting members at a secret ballot elect ion con ducted by the American Arbitration Association held on April 28, 1983 pursuant to prior notice . 5 . EEA's affiliation with AFSCME re~uires AFSCME to charter EEA as a local union to be known as 'City of Englewood Employees Association, Local 303 AFSCME, AFL-CIO" which is to be affiliated with Colorado Public Employees Council 76, AFSCME, AFL-CIO. 6. EEA's affiliation with AFSCME permits EEA to retain its local autonomy. 7 . Neither EEA nor its affiliates admit to membership any executive or supervisory personnel employed by the City of Englewood . 8. EEA's present officers continue as the officers of the City of Englewood Employees Asso ciation , Local 303 AFSCME, AFL -CIO. 9 . EEA's present constitution, bylaws and treasury continue under its affiliation . THE CAREER SERVICE BOARD , th refore, conclud that EEA's affiliation w th AFSCME will not re sult in a substantiv chang in th o rganizat ion or its repr s ntativ status a x clusiv bar ainin repr s n tativ of th pr - viously d t rmin d ppropriat unit of th City of Engl wood's general 1 rvic mp loy of th r Th~ 1 ction 101 .1 7 o th .L •. a . which provid 1 in p r : d by a e rt 1 tion nd th r do ) I • • • • question concerning representation , any party may file a petition for amendment to reflect changed circumstances, such as changes in the name or affiliation of the labor organization involved in the name or location of the em-ployer involved ." Decision of the NLRB are also helpful . In Seattle- First National Bank and Financial Institutional E~loyees of America, Local 1182, 241 NLRB No . 116 (1979), the oard held that an affiliation does not create a new organization, nor does it result in the dissolution of an already existing or- ganization and that it was proper to limit voting on the question of affiliation to members in good standing. Accordingly , it is the order of this Board that the certification of Englewood Employees Association be, and it is hereby, amended to reflect its affiliation with Ameri- can Federation of State County and Municipal Employees, AFL- CIO and its new designation as City of Englewood Employees Association , Local 303 , AFSCHE , AFL-CIO , affiliated with Colorado Public Employees Council 76 , AFSCME , AFL -C IO . BY ntE BOARD • • • • • .. .. BOARD OF CAREER SERVICE COMMISSIONERS SPECIAL MEETING JUNE 13, 1983 IN THE MATTER OF THE CITY OF ENGLEWOOD AND DONALD BAKER ON AN APPEAL FROM THE DECISION OF THE CITY MANAGER OF THE CITY OF ENGLEWOOD TERMINATING ENGLEWOOD POLICE OFFICER DONALD BAKER THE BOARD OF CAREER SERVICE COMMISSIONERS RENDER THE FOLLOWING DETERMINATION: ON ALL OF THE EVIDENCE, THE BOARD FINDS AND CONCLUDES THAT OFFICER BAKER DID NOT WILLFULL Y VIOLATE POLICE DEPARTMENT RULES AND REGULATIONS, AND THAT THE THREATS ALLEGEDLY MADE TO NICK SAULTERS WERE NOT SUFFICIENTLY PROVEN. ACCORDINGLY, THE BOARD CONCLUDES THAT INSUFFICIENT CAUSE EXISTS TO DISCHARGE OFFICER BAKER. 5 A THE BOARD DOES FIND THAT CAUSE EXISTS FOR DISCIPLINE SHORT OF DISCHARGE, INCLUDING LOSS OF PAY. ACCORDINGLY, IT IS THE ORDER OF THE BOARD THAT THE APPROPRIATE RELIEF IN THIS CASE BE REINSTATEMENT WITHOU T BACK PAY EFFECTIVE UPON PRESENTATION TO THE CITY OF A WRITTEN STATEMENT BY A PSYCHIATRIST CERTIFIED BY THE AMERICAN COLLEGE OF PSYCHIATRY CERTIFYING THAT OFFICER BAKER IS MENTALLY ABLE TO FULLY PERFORM THE DUTIES OF A POLICE OFFICER AND THAT HE IS FOLLOWING PRESCRIBED THERAPY. IT IS THE FURTHER ORDER OF THE BOARD THAT AT THE OPTIO OF THE CITY, OFFICER BAKER WILL FURNISH SIMILAR CERTIFICATIO EVERY THREE MONTHS FOR THE FIRST YEAR OF REINSTATEMENT AND EVERY SIX MONTHS FOR TWO YEARS THEREAFTER. FAILURE TO PROVIDE SUCH CERTIFICA- TION SHALL BE GROU DS FOR SUSPENSION OR TERMI ATION. ANY COSTS IN ADDITIO TO AVAILABLE HEALTH INSURANCE SHALL BE AT OFFICER BAKER'S EXPE SE. (Findings & Conc1u ions a a ch d) Commissioner Turn r moved, seconded by Commissioner Pokr k to accep the Findings and D cision as stated bove. AYES: Turn r, Pokr k a , Web r NAYS: K rzic, Keen Of fi e i o n ~n h n k d h So r fo r t h i r nd con a 1d r -r. n ry • • • IN THE MATIER OF • • • BEFORE THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO THE CITY OF ENGLEWOOD and ) ) ) ) FINDINGS and DECISION DONALD BAKER This matter was heard by the Career Service Board on appeal from the decision of the City Manager of the City of Englewood terminating Englewood Police Officer Donald Baker. Hearings were held commencing on April 14, 1983, and concluding on May 25, 1983. The City appeared by City Attorney Rick DeWitt, Assistant City Attorney Thomas Holland and special counsel David J . Menzies . Officer Baker appeared in person and by his attorney John A. Criswell. The appeal was from the decision of the City Manager who , acting on re comm ndation of the Chief of Police , t rminated Offi c r Baker's employment with the City on Mar ch 11, 198 3, on th basis of his entire record of employm nt with th City as well as two recen incidents which w re not further d scrib d in th City Manager's letter of rmina ion On ipul tion of the parti s, th Board ord r d the City to provid Offic r Bak r and his couns 1 a mor d finite s a m nt which wa s mad in a letter to Offic r Bak r dated March 22, 19 3 . nt • • • • - cards over a six month period to represent at the bank earlier than he actually did . alleged to have been violated are sections 205.10 and 210 and procedures section 104. that he arr ived Policy sections 230, 215, 205, The City, having the burden of proof, presented extensive evidence in support of these charges and the officer presented evidence in extenuation and mitigation . No rebuttal was presented by the City. The Board is required by ordinance to include in its decision a statement of its findings and conclusions and the appropriate rule, sanction, relief or denial thereof . Section 5-25-12(8) E .M.C. '·!he question for the Board to determine here is whether Officer Baker's discharge was for cause which re- lates to the performance of duties, personal conduct, or any other factor detrimental to the City, or other just and reasonable cause . Home Rule Charter, City of Englewood 138 :4(h). Section 5-23-6 E.M.C. defines dismissal: "Dismissals are discharge or terminations for just cause, which shall include, but not be limited to, misconduct, refusal or inability to meet pr scribed standards, insubordination, or willful violation of departmental, City or Car er Service System rules and regulations." Thus, in order to sust in a dismis al th City must how a willful viol tion of th d part ntal rul s and r gul tions it alleges Offic r Bak r viol t d. Th videnc is not in ubstantial conflic . It shows that Officer B ker was involv d in two pr vious inci- d nts which hav b en off r d to show Offic r Bak r's lack of judgm nt or x rcis of poor judg nt . -2- • • • • • the vehicle to deter its progress. He testified that it was more of a reflex action. The flashlight struck the wind- shield of the vehicle and the driver did slow and did not harm the others in the parking lot. Officer Baker was reprimanded for this action. The second incident, the so-called choking inci- dent, also occurred at Burger King on March 20, 1981. That evening a young man very excitedly summoned Officer Baker from inside the restaurant to the parking area. The young man was so excited that he seemed to be out of control. Officer Baker felt it necessary to restrain him until he had regained self control and in the course of such re- straint held the young man firmly against a parked car for a short period of time. During the course of this restraint, Officer Baker testified that he held the young man's neck or throat for as long as two or three seconds. The young man complained to Officer Baker's superiors and Officer Baker was suspended for two days. The more recent incident charged was the alleged threatening of one Nick Saulters. The incident occurred late on the night of Novembe~ 13, 1982. Officer Baker was separated from his second wife at that time. He had talked to her the previous day and had hope of reconciling. He tried to reach her by phone on the thirteenth but was ad- vised that she was out looking for an apartment . Officer Baker then drove to his wife's residence and noticed her car parked in front . He assumed that shew s out with Nick Saulters and park d bout on -half block away to wait her return . One of the occupants of the hous s w the car and called the D nver Police. A D nver Police Sergeant arrived and Officer B k r surr nder d his s rvic pistol and another pistol to th 0 nv r Pol~ceman. At Officer Baker's r quest, th 0 nver Offic r c ll d Officer Wing, an Englewood Polic Officer who rrived t th scene shortly th r after nd th Denver Police Offic r l ft . • ult rs con- to hi • • • .. marriage, and that among other things, he told Saulters that when he, Baker, was undergoing similar stress during the breakup of his first marriage, he considered homicide and suicide and that he did not want to be in that situation again . Officer Baker testified that he did not threaten to shoot Saulters . Nothing further happened that evening . Officer Baker reported the incident to the Englewood Poli c e Department and the matter was the subject of an internal investigation . Chief Holmes testified that when he was informed of the incident, he became concerned about Baker's emotional state and referred him to a Dr . Wargo a clinical psycholo- gist who screens officers for the Police Department . Dr. Wargo saw Baker on the 17th or 18th of November and made an oral report to then Division Chief Mull . Chief Holmes then telephoned Dr. Wargo who stated that Baker was suffering from depression and was suicidal and homicidal. The Chief became concerned and asked for a second opinion from psychi- atrist Dr . Levy who agreed that Baker was depressed but did not think him suicidal or homicidal . The Chief then assigned Officer Baker to duty. Thereafter, and as a result of a statement made by Officer Baker to Englewood Police Sergeant Silby on February 1, 1983, that he had again thought of homicide and suicide, Baker was again sent to Dr . Wargo who made a written evalua- tion dated February 18, 1983, which stated that he believed that there is some risk of suicide or homicide or other forms of violence, but he was not certain of the degree of risk . He recomm nded continued counselling or psychotherapy . Shortly thereafter, the decision was made to terminate Officer Baker . The second recent incident cited by the City to ju tify its discharge of Officer Baker is the alleged system- atic alt r tion of time cards at his off-duty employment with th C ntenn4al State Bank over a six-month period . Offic r Bak r w 8 duty capacity to s rv work d on Mond ys . mploy 8, includin th r rrival nd d or payroll purpo Offic r a on, off-duty polic tim clock w s work for bou c ah ti • no asia - clock d I • • • • • .. Prior to late September, 1982, a Mr. Larry Suderman acted as security officer for the bank. Police officers did not possess keys and were let into the bank by a bank officer . Police officers were to report for duty at 6 :45A.M . and check the area around the bank before entering. Mr . Suderman authorized police officers to change their time cards to reflect their actual arrival on the bank p r emises in the morning. After Mr. Suderman lef the bank, the procedures changed and police officers were issued keys. They were to r eport at 6:00 A.M. and admit employees who were working on the bank's new computer. Two young wo men who operated the computer testi- fied that on Mondays between November, 1982, and February , 1983, Officer Baker was not there when they arrived and that he arrived between 6 :10 and 6 :30A .M. They complained to the bank and the bank reported the matter to Officer Kasson who came to the bank on Monday, January 31, 1983, prior to 6:00A .M. and waited until Officer Baker arrived at 6 :20 A.M . Officer Baker's tardiness was reported to the bank and the Englewood Police Department and, while it is unclear whether the bank or the Englewood Police Department termin- ated him, it is clear that he was terminated from that off- duty employment on February 1, 1983. Time cards admitted in evidence show pen and ink alterations to the clock stamped times. The Board finds that time card alterations prior to the end of November were authorized by Mr . Suderman. Of- ficer Baker admitted that he made the alterations in D cember and January . On the Monday ft r th Christmas blizz rd, he was the first to arrive at the bank nd was unsur wh ther the bank would open at all so did not enter imm diat ly. H admitted that he was lat on other occa ions du to car trouble and that h alt red th cards because he did not want to lose his job b cause of his tardiness and not b -cause he wanted th money . -5- th Board finds and con- willfully violat Polic nd th t th hr ats not suff ci ntly prov n . t nsuffici nt cau I • • • • lowing prescribed therapy. It is the further order of the ~ 1 ~ perform the duties of a police officer and that he is fol-~t_ Board that at the option of the City, Officer Baker will {'-, ~ furnish similar certification every three months for the j ~ ~-~~~ first year of reinstatement and every six months ~erea£ter. ·"'c..~.....-.... Failure to provide such certification shall be grounds for ~~4~ suspension or termination. Any costs in addition to avail- able health insurance shall be at Officer Baker's expense. By the Board I dissent from the findings does exist for discharge of -6- cause I . • • - MINUTES ENGL~VOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS June 8, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:35 p.m. by Chairman Donald Seymour . MEMBERS PRESENT: Hallagin , Dawson, Brown, Gage, Ferguson and Seymour. MEMBERS ABSENT: Kreiling. ALSO PRESENT: Dorothy A. Romans, Assistant Director of Community Development Susan King, Senior Planner Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary • • • • • • BOARD MEMBER HALLAGI MOVED THAT THE MINUTES OF THE May 11, 1983, MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE APPROVED . Board Kember Dawson conded the motion. Upon s vote, all six members voted in th a firmativ . Th Chairaan rul d that the minutes stand APP VED. • • • • • BOARD MDmER BROWN M V D THAT TH FINDINGS OF FACT I CAS S -83 AND 9-83 BE APP VED. Board M mb r G ge cond d th motion. Upon a vote, all eix rul d th t th 1ndi vot d in th af iraativ c t r APPROVED. • • • • • • air n with 1ix ~ ra pr a vari n n it uld r quire • • • Board of Adjustment and Appeals Minutes -June 8, 1983 Page 2 • • .. Dorothy Romans stated that the applicant is proposing to construct six, two-unit structures, thereby having 12 family-size single- family attached units. This requires a variance from the Comprehensive Zon ing Ordinance, Section 22.4-7 c -Minimum area of lot from 3,000 square feet per unit to 2,400 square feet per unit, Section 22 .4-7 g - Minimum frontage of lot from 25 feet per unit to 22.33 feet per unit, Section 22.4-7 j -Total side yard from 14 feet per building to 10 feet per building and Section 22.5-5 h to allow one parking space in the required front yard . Mr. Dennis iernberg, 2750 South Shoshone Street,was sworn in. He stated that the lot has 134 feet of frontage and the depth would allow for duplexes facing both Hillside and Vassar. He will have a 5 foot setback on each side of the lot, which would blend with other homes in the area. He wants to cut the frontage from 50 feet to 44.6 feet per duplex, and to park one car on the front of the lot on the drive- way within the 25 foot setback area. Mr. Hallagan asked about the Fire Marshal's note on fire hydrants. Mr. Niernberg said he wou ld work with Engineering and the Fire Depart- ment. Mrs. Romans stated that the Planning Division is working with the Utilities, Engineering, Public Works, and Fire Departments, as well as Mountain Bell and Public Service Compan~ to provide services to the development on West Hillside Avenue. The matter of the fire plug will be addressed by the City , rather than placing the burden on one developer. The Utility Department can install some fire plugs each year, and they will be requested to do so in this area. There will be a meeting on June 21 with representatives from all of the City Departments, Public Service Company and Mountain Bell to discuss the matter. Mr. Niernberg stated that hi buildin will provid a family home with thr e bedrooms. Th pric of the land is so high that h needs to have the variance so that h can off r units in the $60,000 range. Th re re no oth r p rson1 speakin in favor of th varianc • Ther wer no persons pre nt who wished to peak in opposition to th varianc . asked if th unitl would have b would all have ba nt1, ich uld use a hardboard aidi nd th ntl. Hr. t cent, pitch and s tba k. a h unit and th r wi ll h ch ng d hie d 1i n in r pon to n i hborhood in hie origin 1 pl n. • I • • , • • • Board of Adjustment and Appeals Minutes -June 8, 1983 Page 3 Mr. Brown and Mr. Ferguson stated that they wanted t o be sure that there would be grass planted on all of this property. Mr. Niernberg stated that he would do whatever the Board required . Mr. Ferguson asked about grade changes. Mr. Niernberg stated that he would have to remove some dirt, but there would be very little grade change. Mr . Ferguson asked about parking. Mr. Niernberg stated in addition to the two on-site parking spaces there would be one pa r king space on the street for each double unit. Mr. Seymour asked if these units would be individually owned and about fire walls. Mr. Niernberg said there would be a 1~ hour fire wall and double studs with four layers of drywall between eac h individually owned unit. The Chairman asked that the Staff report be made part of the record. BOARD MEMBER FERGUSON MOV ED THAT IN CAS E NO. 10-83, DENNIS NIERNBERG BE GIVEN A VARIANCE ON THE PROPERTY AT 2377 WEST VASSAR AVE NUE, PERMITTING THE CONSTRUCTION OF SIX , TWO-UNIT STRUCTU RES, THEREBY HAVING 12 FAMILY - SIZE SINGLE-FAMILY ATTACHED UNITS. THIS REQUIRES A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22.4-7 c -MINIMUM AREA OF LOT FROM 3,000 SQUARE FEET PER UNIT TO 2,400 SQUARE FEET PER UNIT , SECTION 22.4-7 g -MINIMUM FRONTAGE OF LOT FROM 25 FEET PER UNIT TO 22.33 FEET PER UNIT, SECTION 22.4-7 j -TOTAL SIDE YARD FROM 14 FEET PER BUILDING TO 10 FEET PER BUILDING AND SECTION 22.5-5 h TO ALLOW ONE PARKING SPACE IN THE REQUIRED FRO NT YARD. THE BUILDER WILL BE REQUIRED TO PLANT GRASS AROUND ALL OF THE UNITS BEFORE A CE RTIFICATE OF OCCUPANCY CAN BE ISSUED. Board Kember Brown seconded the motion. Upon a vote all six members voted in the affirmative , and the Chairman rul d that the variance was GRANTED. ave their findings as follows. Mr. Halla in vot d "yes" b caus the area will be improved, the housing will bl nd into the nei hborhood, housing is n ed d in Englewood, there w a no opposition, nd there will b enough parking. Hn. D waon vot d "yea" bee u th re w re four letters fr0111 the n ighbora in favor of the d velopment which will provide n ded n w houain . Th adjac nt conforain property will not b advers ly affected. Hr. Brown vot d "y a" bee ua ranti th or w ak n th Ordinance, it will pr a rve area, more property ia not av ilabl , nd ta th aix conditione n ceatar variance will th ••Hy up th applic nt a vari n • I • • Board of Adjustment and Appeals Minutes -June 8, 1983 Page 4 • • • Mr. Gage stated that he voted "yes" because there was no opposition f rom the neighbors, there were four letters of approval , the lot is presently vacant and this section would be improved by the building. Mr. Ferguson voted "yes" because the dwellings will upgrade the area. Mr. Seymour vo ted "yes" because Mr. Niernberg met the general conditions for a variance, this is a good use for the property and it will provide additional housing. The Chairman instructed Mr. Niernberg to contact the Building Depart- me nt for permits. * * * * * * DIRECTOR'S CHOICE. Mrs. Romans stated that the City has continued to receive complaints about the commer cial garage at 3280 South Sherman Street which was permitted through a variance to Mr. Jack Firth. The staff will con- tact Mrs. Firth about the necessity of complying with the conditions of the variance. Mrs . Romans stated that several of the Board members attended the Spec ial Permit Sys t em Seminar which Kirk Wickersham presented, so they are familiar with the process. She stated that the Northwest Englewood Citizens Committ met with Susan King, three councilmen Joe Bilo, Beverly Bradshaw and Tom Fitzpatrick --and Mrs. Roman s over a period of six months to discuss development in the orthw t area nd to familiarize th roup with the Sp cial Permit Syst m. The area that wa s th subject of the meetings is that area betwe n V ss r, Adri tic, Zuni and T jon. The Committ developed a n w zon classification, th R-2-C, Medium Density Sp c i 1 P rmit System, R-2-C S.P.S ~ which th y hav presented to the Planning Commission and ich th would like to have applied to th ir Jrea. The staff asked Mr. Ni rnb r to let the staff and the Committ apply the Sp cial P rmit System to hia propos 1 and he a r ed to do so at a ting on Jun firat. Hra. R mana ak d Su an in xplain to th llo rd hO\ th ayatem iernb r 's proj ct uld have n revi d und would for and and lly, ould • I • • - ( Board of Adjustment and Appeals Minutes -June 8, 1983 Page 5 • • • The criteria would be weighted by importance and performance to give plus or minus scores. The criteria would include passive solar, screening of off-street parking, building scale, building orientation, screening, open space above 40%, trees, landscaping, color, exterior design and architectural style. Mr. Dennis Kelley, who was a member of the Committee, was present and he stated that while not every member of the committee agreed on everything about the Special Permit System, they did feel that it would give them more benefits than they would have without it. In an evaluation of Mr. Niernberg's development, it became apparent that the value placed on the policies varied considerably and Ms. King stated that the staff would work on developing standards which would aid the Planners in arriving at equivalent scores. Mrs. Romans thanked the Board for permitting the staff to make a presentation, and promised to keep them up to date on the proposed changes to the Comprehensive Zoning Ordinance. Mr. Seymour announced a seminar which will be offered to the Board members on June 25 by DRCOG, covering the resolution of conflicts through effective commission hearings. Mr. Seymour and Mr. Ferguson expressed interest in attending the seminar. Mr. Ferguson asked that in the future the Board notebooks be protected from th rain. The meeting wa s adjourned at 8:45 p.a. I • • • • • WATER AND SEWER BOARD June 21, 1983 Regular Meeting The meeting was called to order at 5:03p.m. Mayor Ot is acted as chairman elect in Charlie Best 's absence, and declared a quorum present. Me111bers IH'I".I.'II L: Members ab~en t: Also present: Ht~viland , Fi LZp.lLI ·id., hdlet·Loll, Hig day, Otis, Lay Best, Giseburt Stewart Fonda, Director of Utilities Rick DeWitt, City Attorney Charles Grimm, Prosecuting Attorney Densel Ragland, Civil Engineer 1) 1\l'l'llOV/\L OF MAY 10, 19113 MINUTES. The Board concurre d with the May 10, 1983 Englewood Water and Sewer Goa rd regular meeting minutes. Mr. Fitzpatrick moved; Mr. Higday seconded: Ayes: Nays: Mem ers absent : Mot i on carr; d. To approve the minutes of the May 10, 1983 Water and Sewer Board regular meeting. Haviland, Fitzpatrick, Fullerton, Higday, Otis, Lay one Best, Giseburt 2) ELL CITY DITC H AGREEMENT. St ·wilr ~ lord dts uss d the Mount in 11 City Ditch lie t h II" ~IOU!. r ling. Th o rd on urr d with both bJ ct to tt City Attorn y' ppro va l. p (1 1 0 4 ribut d I . • , Mr. Fullerton 111oved; Mayor Ot is sec onded : Ayes: Nays: Members absent : Motion carried. • • • To recommend to City Council approval of the Mounta in Bell C'ity D"itch l ·icen~c sub j ect to the City Attorney's approval. Haviland, Fitzpatrick, Fullerton, Higday, Otis, Lay None !lest , Giseburt 3) CONNECTOR'S AGR EEMENT , PER MI T TO CONS TRUCT AND PERMIT TO USE. Rick DeWit t explained and di scussed each clause the Connec tor's Agreement. Mr. Fonda di scussed to Construct and Permit to Use with the Board. each party were explained. of the final draft of the proposed Permit Responsibilities of Mr. Higday moved; Mr. Fullerton seconded: Ayes: Nays: Members absent: Motion carr ied. 4) SOUTH PLATTE RIVER MEMO . To recommend to City Council approva l of the final draft of the Connector's Agreement and Permit to Construct and Permit to Use, subject to the City Attorney's final approval. Haviland, Fitzpatrick, Fullerton, Higday, Otis, Lay None Best, Giieburt r nd 111 frau th City M n r w distrfbut d in enning of Council's otion form lly backing construction of th int t Union Av nu and Oxfor d Av nu in s ch a way to provid p ssag of ayaks nd 11111 11u.1L •. Th Corp or rn!Jin rs will b in~.:or·po•·iltiuu Lhis into thtdr piau~ f ur til intak . j! 4 • I • • • • • 5) CENTE NNIAL SHOPPING CENTEH. Mr. Fonda in formed the Board of correspondence w·i th the new owners of Centenni a ·1 Shopping Center and the Water Depa rttur.n t concet'tri ng fu ttwe use of the water lines on Centennial property. This will provide J major loop into the area and provide better fire protection for the centet·. Current proposals include the City paying to make the connections and Centennia l paying for any relocations that would be reqLI"i red fol" thei 1· convenience. 6) METIWPOLITAN DENVEH SEWAG E DISPOSAL DISTIUCT NO. 1. Mr. Fonda noted to the Board that some areas of Englewood are served by the City and County of Denver. Denver is in the process of ttwning over the !.c' uLco unls to the Mcl ropolilan Oenvet · SeWd\Jl~ Oispu! .. tl IJt,;Lt "ll"l No. 1. The Uoard requested Mr. Fon da and the City /\ttot·ney negotiate with Metropolitan Denver Sewage Disposal District 11 on a contr~ t for service to this area. 7) CITY DITCH AT LITTLE'S CREEK. The Board passed a motion at the March 8, 1983 meeting to participate in the Littleton Hailroad Depression Project. Mr. Fonda suggested to the City Attorney that Littleton and Englewood dt•afl and sign one liccn~e agreement for the project that would serve for a 11 1 i cense agreements required. Mr. DeWitt stated he would discuss with Stewart Fonda an agreement with protective provisions. Mr. Fonda suggested waiving the license agreement fees. The agreement will go to the Water and Sewer Board when finalized. 8) McLAUGHLIN ENGINEERING CONTRACT. The Mclaughlin Engineering Agreement for the City Ditch piping, assoc iated with Littleton's Railroad Depression Project, was discussed with the Board. It was recommended that future engineering contracts be inspected by the City Attorney's office. Councilman H1gday expressed his concern about using Mclaughlin because of the recent engineering fee increase on the Little Dry Creek project. Mr. Fonda presented the pros and cons of introduc ing a new engineering firm at this point. Mr. Fonda asked for direction on h to proceed wh n t.h fin l contr ct. 1) ,. ady. Th Oo rd concurred tl~t th agr nt b pr s nt d to th L r nd S w r Bo rd if feasible, but. should go directly to C1ty Counc11 1 tin is of th e s n 9) LA NDIN . Mr . f"ontlu tn toru d th Bo rd of n 11 nt for th w L r lin a Sp nc •r' ~ I ol ll d i nq. Th Nob Hil 1 Corpor t1on will Jh y th prim ry b1 d or $3U,!JU U lot Lhe U" lin, nd Lh City o [nglewoou ill p.Jy Lhe add i tion 1 ost. of $19,508 to upgr de th p1p iz to 12". P of 4 • I . • • • After installation, inspection and acceptance of the l i ne by the City, The City will pay the $19,508 difference directly to Chuck's Excavation . 10} JUNE 14, 1983 LETTER FROM THE DENVER WATER BOARD. Mr. Fonda presented to the 13oa r d a letter frotu the Denve r WaLet · lloat ·ct requesting Englewood to be an amicus curiae appealing Case No. C-51288. Th i s ruling orders Denver to comply with the rules and regulat ·ions of the Colorado Public Utilities Co ~n ission, with respec t to wa t er serv i ce to areas outside the city boundaries. The Board suggested Stewart Fonda and Rick DeWitt confer with Denver and form an opinion to present to Council. Mr. DeWitt advised using caution in proceeding with th ·is f ormu l op ·inion . 11) FIELD TRIP. The annual field trip for the Water and Sewer Board was discussed. The Board agreed to go on a Saturday in August to Meadow Creek. The exact dat e and time will be determined at the next meeting . 12) STANDARD UTILITY AGREEMENT -CITY DITCH. An agreement with the State Department of Highways for 210 linear feet of 54 " R.C.P. was discussed with the Board. The Board agreed Mr. Fonda should forward the agreement directly to City Counci 1, subject to the City Attorney's approval. No formal motion waa made. The meeting adjourned at 6:25 p.m. The next Englewood mater and Sewer Board meeting will be July 12, 1983 i n the Li brary Conference Room r1 at 5:00 p.m. Respectfu ll y subm i tted, (Ja;ct, ~ C thy Bu~g Recording S cret ry P g 4 of 4 • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 6, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Se nti at 7:00 P. M. Members present: Allen, Barbre, Carson, McBrayer, Senti, Stoel, Tanguma, Venard Members absent: Also present: Powers, Ex-officio Becker Assistant Director D. A. Romans Don Ensign, Design Workshop, Inc. II. APPROVAL OF mNUTES. June 21, 1983 Chairman Senti stated that the Minutes of June 21, 1983, were to be consid er d for approval. Carson moved: Th Minutes of Jun 21 , 1983, b amend d by deleting p ragraph s 3, 4, 5, 6, 7 and 8 und r Commission 's Cholc • cussion nsued. Car on, h is in Hr. Stoel stated d let1n th at th last co-iss ion, f or hi discussion his motion "isn't say in ver, that p rhaps th o rd of th m ting. Dis- this matter with Mr. d should b d 1 t d. th inut s by from discussions cone rna of th aann r. do that I • • • • • -2- present at this meeting. Mr. Tanguma stated that he felt everybody said what they felt at that meeting. Mr. Allen questioned if the Commission would be within their legal rights to delete this when it was part of the record of a public me~ting. There was no second to Mr. Carson 's motion to delete discussion under Com-mission 's Choice. Tanguma moved: Stoel seconded: The Minutes of June 21, 1983, be approved as written. AYES: Stoel, Tanguma, Venard, Allen, Barbre NAYS: Carson, Senti ABSTAIN: McBrayer ABSENT: Becker Mr. Senti ruled that the motion carried. Mr. Senti stated that after discussion of the Commission, he would agree that it would not be proper to remove the sections of the previous minutes. III. DESIGN GUIDELINES CASE 1112-83 Mr. Senti a ked for a motion to open the public hearing. B.arbre mov d: Tanguma econd d: The Public Hearing on Case 112-83 b op n d. AYES: Caraon, McBrayer, S nti, Sto 1, Tanguma, Venard, Allen, Barbre NAYS: Non ABSENT: B cker The motion carried. Mr. S nti atat d publiahed in the thta ltV nin • in hand a copy of the public notice which waa ntinel givina noti c of th Public H arlna r. S nti •tated that b aakina th pr and r. natan w re both pr 1 nt, and would De•ian Guid line•. Mr. T p hu ol Mr. Jo ' Corral o th !1 outh Bro dway. • 0 I • • • • • -3- men and property owners of the availability of this assistance. Ms. Powers stated that the proposal is to pay up to $1,000 for facade design for each business. The Rehabilitation Loan Program will be used for the actual con- struction of the facades designed by the architectural firm. The lead bank in the consortium is the First Interstate Bank. Ms. Powers discussed the pro- posed loan program, noting that up to $5,000 can be loaned at "zero" interest rate, and all additional amoun s of money may be loaned at 12.5%, and that the averaging of these rates will make low-interest loans available to the business-men/property owners. Ms. Powers stated that the design guidelines will provide standards for the architect in developing the facade designs. All businessmen and property owners who want to partake of the low-interest loan program must comply with these design guidelines, and other property owners that want to make improvements to their properties will also be expected to comply. Ms . Powers noted that the funds are available only for exterior improvements, not interior remodeling. Ms. Powers stated that the EDDA will be involved in the loan program, assisting applicants in completing the applications, and providing other assistance. Mr. Don Ensign gave a slide presentation to show what improvements along South Broadway could look like with the design guidelines. Mr. Ensign noted that one o f the goals of the design guidelines is "continuity" and an attempt to get back to the original facades --usually brick. Mr. Ensign pointed out the improved appearance with street trees, the recessing of the first floor of a structure to provide a weather protection area for pedestrians. Mr. Ensign mentioned technical problems that had to be taken into consideration, such as the location of the hotel, and cited problems in d termining the best location to begin making the public improvements along Broadway. Mr. Ensign stat d that th determination has been made that the City should consid r straightening Floyd Avenue s it crosses Broadway nd that privat improv - menta proposed for the downtown area would not affect th public improve- m nta if th y wer begun at Floyd Avenue and South Bro dwa Mr. Ensign stat d that it is propos d that parking can b retained along South Broadway on both aid s of the stre t. Mr. Ensign r view d other asp eta of the d - sign guid linea, noting that ignage would b confin d to a iven ar on the buildin fronts, although t porary signa may b plac d within windows. A p rcentag of glass on the first floor ia a mandatory r quirement, and p cific rec ndations for ach building have b en dev lop d. Mr. All n noted that a lo if th prop rty ra would be xp ct d to aaaiat improv nta. Hr. Enst n stat d that this w uld b p ns • I • • • • - -4- Mr. Allen asked if the City is going to condemn property so that the developer can buy it. Ms. Powers stated that there are properties listed in the Urban Renewal Plan for acquisition by the Authority, some of which will be sold to Brady Enterprises, or whoever the developer is. These properties are along the east side of South Bannock Street, and along the right-of-way needed for the Little Dry Creek improvements. Ms. Powers discussed the process for condemnation and immediate possession of the property by the Authority if the Authority is not able to acquire the property. Mr. McBrayer stated that he had invited Mr. Corral to attend the meeting, and asked Mr. Ensign to review what would be proposed. Mr. Ensign stated that the thrust of the program is to "take the plastics off and get back to the originals", and to try to have consistency in the buildings along Broadway. The design guidelines are one way to control development/redevelopment and work toward that consistency. Mr. Ensign noted that each property owner and businessman will have to talk to the architect and staff to determine exactly what is needed on the facade improvement of their property, and to gain an idea of the monies involved in the improvements. Ms. Powers discussed the need for an extensive out-reach program to make the businessmen and property owners aware of the program, and to educate them in relation to the assistance that is available. Ms. Powers discussed the ex- perience of the architectural firm of Abo-Gude and cited several locations in the metro area where this firm has done redevelopm nt designs. Mr. Corral stated that h saw a definite need to get the prop rty owners interested in thia program. Mr. Corral stated that h , for inatanc , did not own the building his r t urant is locat d in. Mr. V nard asked at what point a businessman and property owner ia c:o itt d to proceed with the progr --if they participate in the f e d d ai n fae t of the program, does thia comait th to do th actual conatru tion and tm- prov nt to the building. Ms. Pow ra atat d that if a busine /property r participat s in th f cad design portion of th program, this 1a all he 18 COIIIIDitted to; this do s not fore a property r to apply for th loan to do th actual improv ants. ~r. Senti ask d if th r w a any on who wish d to apeak in favor of the d ign guidelines. Th re w r no other persona pr a nt who wished to ad- de a th iaaion in favor of th d aign uideltn Mr. S th r on 110v Brayer a d: eond r d: Th Bray r, d. C pr prop y one who wish d to ap a Th r was n pr a nt w o n to to p k Public: R rina on C 112-b c:lo d. nt 1, to 1, , V n rd, All n, • • • • • • -5- AYES: McBrayer, Senti, Stoel, Tanguma, Venard, Allen, Barbre, Carson NAYS: None ABSENT: Becker The motion carried. IV. FINDINGS OF FACT 3718 South Broadway CASE 013-83 Mr. Senti asked if the Commission had any questions regarding the proposed Findings of Fact for the conditional use at 3718 South Broadway. Barbre moved: Stoel seconded: The Findings of Fact for 3718 South Broadway be approved and adopted as written. AYES: Senti, Stoel, Tanguma, Venard, Allen, Barbre, Carson, McBray r NAYS: None ABSENT: Becker The motion carried. V. PUBLIC FORUM. Mr. Senti expressed the appreciation of the Commission for Mr. Corral's attendance. VI. ATTORNEY'S CHOICE. There was no repr a ntative of th City Attorney's office pr 1 nt. VII. DIRECTOR 'S CHOICE • . P era stated that ahe had nothin to brina b fore th Co ia ion. VIII. r. S cu at futur 1aaion should pr 1 with ful Jn t lr dia- rt u In t • • • • • -6- Mr. Venard stated that he felt everyone has learned something out of the dis- cussion, and suggested that if future similar matters of concern arise, that the Commission should consider going into executive session until a consensus is reached, Mr. Senti stated that the membership of the Commission is very strong, and when a Commission is strong, there are "toes that are stepped on", and that everyone has to realize this. Mr. Venard stated that he had found the DRCOG Planning Commissioner's Workshop to be very interesting and informative. He expressed his appreciation for the opportunity to attend. Mr. Senti stated that the Commission had a good attendance at the DRCOG work-shop. Mr. Senti thanked Mr. Corral and memb rs of the Commission for their attendance, and declared the meeting adjourned at 8:00 P. M. • • • • • mNUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD July 12, 1983 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:32 p.m. PRESENT: Bob Currie, Jerry Valdes, Marietta Brown, Debbie Dix, Alfred Quaintance, Dorothy Wheelehan REGRETS: Barbara Bray, Lois Sterling, Kay Van Valkenburg ALSO PRESENT: Sharon Winkle, Director of Libraries Donua LiuLL IJcrg, I cconliug ~'I.!<.: I ulary Roll call was taken and a quorum de lured present. Chairman Currie announced that Ms. Lois Sterling will replace Ms. Wilma Ankrum on the Board and serve out her unexpired term to February of 1986. ~tr. Currie turned the meeting over to ~Is. Winkle for the Director's Report. Ms. Winkle gave a brief update on the LSCA Grant Proposal. We have been partially funded on our proposal and have been allocated $20,200. The Central Colorado Library System (CCLS) contract has been approved via an ordinance by City Council through September 1st of this year. Director's Choice A reminder of the St ff/Board picnic/brunch to be held this coming Sunday, July 17 at Eisenhower park. The Library ha purch sed fifteen Timex-Sinclair 1000 microcomputers for public checkout. Th video a ames nd the mi rocornputers will be circulated to Engle"oou patrons only, b ainnina in early August. This is n experimental progr m. Denver Post bri f upd tc on th St te 1u Book Sal , noting that t:hanncl -1 st t1on hav been cont cted r a ruing promotional pots. The upply the tru ks for the mov nt of th books. 0 co ltt tcpuru . ·o corr sponJ n c.>uld b will nt nu • 8 k ir h t th Jn lh ptilln I • • • • • -2- Members' Choice ~lr. Quaintance asked if the Library had any comments on his new public relat i ons program tear sheets on authors. Ms. Dix mentioned a newspaper article where a library was checking out smoke detectors for people to take with them on vacation for their hotel and motel rooms. ~lr. Currie and Ms. Winkle gave brief reports on their trip to Los Angeles for the American Library Association (ALA) Convention in June. Ms. Wheelehan pointed out an excellent article in the Colorado Libraries mag- azine regarding schools and media centers. Ms. Dix volunteered to be our contact person in trying to acquire a display or banned books. This display would be an "attention-getter" for the book sule. Ms. Brown led a brief discussion on the suggestion book comments. Ms. Winkle asked for comments from the Board on having a suggestion box to replace the open suggestion book. This suggestion was favored by the Board. Mr. Quaintance asked if we could get a genealogy expert (volunteer) to speak at the Library on a regular basis. There was no discussion on the Statistical Report for June, 1983. MOTION: That the Minutes from the June 14, 1983 Meeting be approved as written . Moved by: Alfred Quaintance Seconded by: Debbie Dix Motion carried. Meeting adjourned at 8:30 p.m. 71 " • I • • • • • f"'rl ,Vl .JQOTI Tl(IWNTOP' Dl':\n::J.OPMENT AlJTHORITY 1535 S . Sherman -Englewood, CO 80110 MINUTES July 13, 1°83 S-f Board Members Present: Close, Coleman , Gasson , Holthaus, Kaufman, Mausolf, Neal, Owens, Pendleton Board Members Absent: Bush, Maxwell Staff Present: M. Haviland, P. Dietrich Guests: Ron Abo, Susan Powers, Dorothy Dalquist, John Pearce, J an Caniglia Chairman Gasson called the regular meeting of th ED DA Board of Dir c tors to order at l:?:04 'PM on .J uly 13, 19113. r. ~au fma n moved, seconded by s. Owens, to approve the minutes of t h June 8 , 1Q83 r egula r me ting and to approve the b ills for paym nt. Th motion was pass unanim usl by vo!ce vot • Mr. 'P ndleton p r s~nted the Tr asur r's R port. Ms. Owens mov d, cond d hy ~r. Yauf n, to ace pt the TTeasur r's Peport. The motion wa s p as d unanimously vo ie vot • Ron Oth r: tnoA th City r, un ll will k rd t th uly 1 , 1 n. appoint• nt 3 • tin . 1 ct d to provid d a aloort quea ion ch 1 n to th Advi ory D aian R nominations ahould h 0 rtll th vac net • Loan Jl vi i w atv n n th • Page Two Regular Meeting Minutes July 13, 1QA3 DIRECTOR 'S R~V0RT • • • The Management Team has focused on th Rroadway design assistance program and the loan pro~ram. Ron Abo has en selected by the City to be the architect on South Rroadway. Susan Vowers and Clete c~sson are workin g on the final deta ils of the loan program. The applications will be ready at that time. Also, the EDDA has prepared a flyer for distribution to th merchants and property owners regarding the design assistance and loan programs that will be available to them. Preliminary Marketing Plan -Th Board decided to set aside the entire m eting on August 3, 1983 to discuss the new marketing plan for the r - develop ent project. They will review the proposals and present th ir thought , suggestions, and concerns to City Council. Discussion followed on some of the aspects of the preliminary marketing plan. Each development component except residential has been reduced in total squar footage. Analysis of the use of public spaces shoul~ be made. It was also not ~ t~at the Plan n ds flexibility and needs to be saleabl toda as well as tomorrow. s. ns noted that r idl'ntial ho u ing in Englewood is very rlesirable for first tim hom buy rs. ft y attracting th young famili to Englewood, th Ci ty will ~ tter utiliz xisting chool , tc. Ther was 8 qu tion as to the m rits of building 8 s nior ci tizen housin proj ct in th 1 dl of the red v lopm nt projl'ct. A question was rais d as to wh th r or not th propo plan could uppor public tax 1ncr m nt financing. Th amount of r si ential in th prelt.inary plan has en cri icized. r. nl'ral di cuaaion follow d. qu stions and cone rn will topic of cH u inn at tl tin on uau • 111111 • Th r b ln no furt r buatn a , th tina djourn d a 1:2~ P. • I • • • • • 4.1a •d t.L• ~ "~ /}<? G "~ / Q ~ '>1.('1 4/i tf ~' oz't • I . • • • • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUB JEC T A Proposed Amendm~nt to the Comprehensive Zoning Ordinance July 28 . 1983 toB adding a new §22 .4 C, Design Guidelines for INITI ATED BY Clt:t l'lanninil an!l Zcll11li Ccllllll i ss i cll ACT I ON PROPOSED Receive th e Recommendation of th e Planning Commission Relative to th ame ndment to the Comprehensive Zoning Ordinance an!l r e quest the City Attp ro ey to re are an o rdinance in INTRODUCTI ON AND BACKGROUND. One of the goals of the Comprehensive l'lan , which was adopted by th City Council by Resolution No. 49, Series of 1 79 , was to r evitalize the South Broadway retail area that 30 years ago boasted the 4th busiest commercial block in th United Sta t es . The course of ac tion suggested to implement th e goal is t o renovat th front and r ea r facad s of th st ru ctures along South Broadway a r ound a common them , and to provide plantings, new lighting, and street furnitur . The deterioration of South Broadway has b en of cone rn to the busin ss community and to th City for som tim , and re- qu t d fund from th D partm nt of Housing and Urban Dev lopm nt nd the State to initiat a renova ion prog r m. iv d fund from both th 1982 nd 1983 Community D v lopm nt Blo k which will b u d to provid d signs for th r novation of 3200 throu h 3500 block o f South Bro dw y, nd for a loan pro r m f or p rson wh o w nt to p rti cipat City to dev lop guid lin for th a b n don with th aaiat nr r &hop uut of Asp n. impl m ntation of th of th City's consult nt, r taln d to work with th n ppr v d Cor th r l al this proar •· • • • -• • • approved and incorporated into the Comprehensive Zoning Ordinance . To this end, the Planning Commission recommends that the City Council request the City Attorney to prepare a Bill for Ordinance incorporating the Guidelines and schedule a Public Hearing thereon. SUGGESTED ACTION: MOVED BY ______________ _ SECO D __________________________ __ I y s NO ___________ ~ABIS NT _______________________ _ • • • • • - CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 12-83, ) FINDINGS OF FACT, CONCLUSIONS AND ) RECOMMENDATIONS RELATING TO AN ) AMENDMENT TO TilE COMPREHENSIVE ) ZONING ORDINANCE BY INCORPORATING ) A NEW SECTION, SECTION 22.4C, ) DESIGN GUIDELINES FOR THE SOUTH ) BROADWAY INCENTIVE AREA. ) A Public Hearing was held in connection with Case No. 12-83 on July 6, 1983, in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Messrs. Allen, Barbre, Carson, McBrayer, Senti, Steel, Tanguma and Venard. Mrs. Becker was not in attendance during this Public Hearing. After having reviewed the evidence taken during th Public H aring, the report of the staff and information presented by the consult nt, Mr. Don Ensign of Design Workshop, Inc., the City Planning and Zoning Commission m k s the following Findings of Fact: FINDINGS OF FACT 1. That netic of the Public H arin was given in the Engl wood Sentinel on June 15, 1983. 2. Th t go l of the Compr h n iva l'lan whi h w Council R solution o. 49, Seri a of 1979, waa to r vitaliz way retail area and more sp cific lly to r novat th front of the ltructur a alon South Broadway around a th d sign, and to provid plantings, n w lightina and 1tre t by t tnt nd d- • • • • -2- 6. That the funds received in the 1982 and 1983 Grants will be used in a designated area in the 3200 through the 3500 blocks of South Broadway and the Design Guidelines would apply only with that designated area. 7. That all businessmen and property owners of the low-interest loan program must comply with the other property owners who wan to make improvements to also be expected to comply with the Design Guidelines. who want to partake Design Guidelines and their properties will 8. That the Design Guidelines for the South Broadway Incentive Area are necessary in order to develop a positive image for the identified area and to create the framework for architectural compatibility by: a. Reestablishing and unifying the building facade character by emphasizing the original construction materials. b. Rcmovlng unneces sa ry vlllual clutter froau the L>ullulng>l which is not consistent with the original construction. c. Improving the quality of the pedestrian experience along South Broadway. d. Reestablishing and encouraging upper level office and residential uses within this area. e. Facilitating pedestrian access to South Broadway from parking areas. f. Upgrading the app arance of the rear of buildings. g. Improving service access to the rear of buildings. 9. That the D sign Guidelines will be of Comaunity Dev lopm nt or persona appoint d by bility will be to insure that any reconstruction or th c onstruction of ny n w building confer s administ r d by th the Director whose of the exterior of with thi section. Dir ctor r aponai- any building 10. That Mr. Jose' Corral, 3457 South Bra dway, was in attendanc durin tha Public Hearin and had n opportunity to diacuaa tha proposed Cuid lin and their application a they •i ht apply to his buaineaa. 11. That thara war no other parsons pra1 nt who wish d to addr •• tha Pl nnina C ia1inn aith t in favor of or 1n oppolition to th D 11 n Cuid lin 1. Th t pr with th C pr h aiv th Public H rl n lin 1 for Co le o u d th • a tv 1 1.111plt n I • • • • • -3- 3, T~at the Design Guidelines are necessary to implement the pro- gram for South Broadway improvements which were funded by the 1982 and 1983 Community Development Block Grants for the purpose of eliminating blight, creating job opportunities by upgrading commercial structures, and making the general business environment more attractive to investors and entrepreneurs and to this end, is necessary for th~ health, safety and general welfare of the people who own property, live or do business in the City of Englewood. RECOMMENDATION Therefore, the City Planning and Zoning Commission approves the Design Guidelines for the South Broadway Incentive Area and refers the pro- posed Design Guidelines to the Englewood City Council with a favorable recommendation for their consideration, Upon a vote taken on a motion made by Mr. Carson and seconded by Mr. Stoel, eight persons voted in the affirmative, no persona voted in op- position to the motion, and Mrs. Becker was absent. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. 1rilton E. Senti, Chairman • , I • • • • • • DRAFT I -6/7/83 DRAF T II -6/13/83 SECTION 22,4 C DESIGN GUIDELINES FOR THE SOUTH BROADWAY INCENTIVE AREA. a. LEGISLATIVE PURPOSE AND INTENT. b. THIS SECTION OF THE COMPREHENSIVE ZONING ORDINANCE HAS BEEN DESIGNED TO IMPLEMENT THE GOALS OF THE COMPREHENSIVE PLAN AND THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN AS THEY PERTAIN TO THAT PORTION OF SOUTH BROADWAY IN THE 3200 THROUGH 3500 BLOCKS WHICH SHALL BE REFERRED TO AS THE SOUTH BROADWAY INCENTIVE AREA. THE SOUTH BROADWAY INCENTIVE AREA (S.B,I,A.) IS CREATED IN ORDER TO DEVELOP A POSITIVE IMAGE FOR THIS AREA WHICH WILL ENCOURAGE NEW BUSINESSES AND TO CREATE THE FRAMEWORK FOR BOTH NEW DEVELOPMENT AND REDEVELOPMENT THROUGH ARCHITECTURAL COMPATIBILITY TO PROVIDE BETTER INSIGHT INTO THE DESIGN AS PEC TS OF EXISTING BUILDINGS AND THE POTENTIAL OF PROPERTIES ALONG SOUTH BROADWAY. TO THIS END, CRITERIA BY WHICH INDIVIDUAL PROPERTIES CAN BE REDEVELOPED OR RESTORED ARE HEREIN SET FORTH: (1) REESTABL I SH AND UN IFY THE BUILDING FACADE CHARACTER THROUGH EMPHASIS ON ORI GIN AL CONSTR UCT ION MATERIALS AND STRUCTURAL MODULES. (2 ) REMOVE UNN~CESS AR Y VIS UAL CLUTTER FROM THE BUILDINGS NOT CONS IST EN T WITII TilE ORICI AL CO N S1~U CTI ON. (3) IMPROVE TH E QU AL I TY OF THE PEDESTRIAN EXPERIENC E ALONG BROADWAY , (4) REEST AB LISH UPPER LEVEL OFFICE AN D RES IDENTI AL USES. (5) FACILITATE PEDESTRI AN ACCESS TO BROADWAY FR M PARUNC AR EAS. ( 6) UPGRADE THE APPEARANCE OF REAR OF BUILD I CS. (7) IMPRO £ SERVIC ACCESS ALO 'C OF BUILDl C Til£ RCVlCW 0 Til PLAN SllALL B 'II RE POt 1 Il.ll'Y OF l'li Dllll:C'IOR til COMMUNITY D!VELOPH 0 H D SIC 'E! F CO. OaKANC Wint Tll ULA- • I • • • • -2- TIO NS. NO BUILDING PERM IT SHALL BE ISSUED FOR THE RECONSTRUCTI ON OF THE EXTERIOR OF ANY BUI LD ING UNLESS THE IMPROVEMENT CONF ORM S WITH THESE GUIDELI NE S. c. FACADE/DESIGN CRITERIA. (1) GENERAL FACADE ZONES. (a) WINDOW SILL ZONE -2 FEE T TO 3 FEET 6 INCHES FROM GROUND LEVEL. (b) DISPLAY ZONE -WINDOW AREA BETWEEN WINDOW SILL AND FIRST FLOOR CEILING LEVEL. (c) SIGNAGE ZONE -FROM FIRST FLOOR CEILING TO SECOND FLOOR WINDOW SILL LEVEL. (d) UPPER FLOOR COMMERCIAL/RESIDENTIAL ZONE -SECOND FLOOR WINDOW SILL TO TOP FLOOR CEILING. (e) ARCHITECTURAL ROOFLINE ZONE -FROM TOP FLOOR CEILING TO TOP OF PARAl'ET . (2) DE SIGN CRITERIA FOR UPGRADING AND RESTORIN G EXISTING FRONT FACADES. (a) FACAD E EXTE RI OR 1. THE RENOVATION OF EXISTING FACADES SHALL RESPECT THE RELATIONS HIP OF FIRST FLOOR STORE FRONTS AND UPP ER STORI ES AND SHALL BE CONSISTENT WITH THE ORIGI NAL ARCH ITECTU RAL CHARACTER, 2. THE REMOVAL 0 ALTERATIO OF ANY RISTO !CAL OR DISTI CTIV ARCHITECTURAL DETAIL! C SHALL B AVOID D. RECO MM END ED UILOI C MATERI AL S: a. PERHITT CLAODI SHALL 8 BRICK, STUCCO 0 OTH R HASO RY HAT IAL . b. P RHITT 0 WI , I 0 Z 0 ILAC • I • • • • • -3- ANODIZED ALUMINUM, PAINTED OR BAKED ENAMEL STEEL. c. PERMITTED TRIM: WOOD, STUCCO, STAMPED METAL OR BRICK. 3. BUILDING CLADDING COLORS SHALL BE EARTH COLORS. 4. BUILDING TRIM COLORS SHALL COMPLEMENT THE COLORS OF ADJACENT BUILDINGS. 5. GLASS AREAS: a. FIRST FLOOR -MAXIMUM 60% VERTICAL SURFACE. b. SECOND FLOOR -MAXIMUM 40% VERTICAL SURFACE. c. THIRD FLOOR AND ABOVE -UNRESTRICTED. (b) HEIGHT AND SCALE. 1. THE HEIGHT AND SCALE OF BUILDINGS SHOULD RELATE TO THE ARCHITECTURE AND SCALE OF ADJACENT BUILDINGS. 2. OVERALL HEIGHT IS LIMITED TO FOUR STORIES MAXIMUM. (c) SETllACKS. 1. MANDATORY 0 FOOT SETBACK WHEREVER POSSIBLE. 2. ON BUILDINGS TWO STORIES AND ABOVE, A 12 FOOT FIRST FLOOR SETBACK FOR WEATHER PROTECTION IS ENCOURAGED. (d) ARCHITECTURAL PROJECTIONS INTO RIGHT-OF-WAY. 1. UNLESS OTHERWISE PERMITTED, NO AL CANOPIES, ROOF OV aHA.NC , 0 OTHEl PtaHANE T PlOJECT I TO ni U T-OF-AY . 2. (e) SIC C 1. l I EL KAY PROJ 1 L !LE TS HAY COU CEO. D , 'niB • I • • • • • • -4- THOSE OF THE MORE GENERAL SIGN CODE REQUIREMENTS CONFLICT, THE MOR~ STRINGENT REGULATIONS SHALL APPLY, a. WALL SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE. b. PROJECTING SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE AND SHALL BE NO LARGER THAN 12 SQUARE FEET PER FACE AND 24 SQUARE FEET TOTAL. c. SIGNS PAINTED ON WINDOWS SHALL BE PERMITIED IN WINDOWS ABOVE THE FIRST FLOOR, AND SHALL IDENTIFY THE BUSINESS LOCATED ON TilE PREMISES ONLY. d. PLEXIGLASS, INTERNALLY ILLUMINATED OR BACKLIT SIGNS SHALL BE PROHIBITED. (f) AWNINGS. 1. TWO TYPES OF CANVAS AWNINGS SHALL BE USED: a. INDIVIDUAL AWNINGS LOCATED AT ENTRIES TO SHOPS AND SECOND STORY WINDOWS, b, LARGE AWNINGS COVERING THE ENTIRE BUILDING FRONTAGE. 2. AWNING S SHALL BE ATTACHED BELOW THE SIGN ZONE. 3. AWNINGS ARE PERMITTED OVER WINDOWS ON UPPE R FLOORS. 4. MAXIMUM DEPTH OF AWNINGS SHALL BE 8 FEET. S. COLOR SCHEME OF AWNINGS SHALL COMPLEMENT THE COLORS OF THE BUILDING, (a) MECHANICAL UIPM T. (3) UPC 1. MECHANICAL EQUIPMENT P OJECTI FRO. A AD 1 TO TH RIGHT-OF-WAY SHALL OT BE ALL ED. 2. ALL OOFTOP M CliANlCAL QUIPM NT SHALL CR NED WlTli S()t TYP OF AICIIIT CTU ELM WHI H IS CO SISTE TK 0 IGI AL FACADE 0 Tli UILDI C. 0 UtLDl • wnn I • • • • • -5- (a) REAR FACADES SHALL BE COORDINATED WITH COLOR OF FRONT FACADE THROUGH PAINTING WITH A LIMITED PALETTE OF EARTH TONE COLORS. (b) ALL PAVING AT REAR OF BUILDINGS SHALL BE ASPHALT EXCEPT AT PASS- THROUGHS WHERE SPECIAL PAVING SUCH AS BRICK, TILE OR BLOCK PATTERN SHALL BE USED. (c) CONSOLIDATE AND SCREEN ALL SERVICE AREAS (TRASH, ETC.) WITH NON- COMBUSTIBLE MATERIAL, d. DES ICN CRITERIA FOR CONSTRUCTION OF NEW BUIUHNCS. (1) IN ADDITION TO THE ABOVE CRITERIA, ADDITIONAL STANDARDS HAVE BEEN PREPARED TO INSURE THE COMPATIBILITY OF ANY NEW DEVELOPMENT WITH EXISTING BUILDINGS. {a) FACADE MUST OCCUR AT RIGHT-OF-WAY LINE -0 FOOT SETBACK EXCEPT AT INTERSECTIONS AND WALK-THROUGHS. (b) MASONRY CONSTRUCTION MANDATORY AT PROPERTY LINE. (c) CONSTRUCTION MATERIALS SET BACK FROM PROPERTY LINE NEED NOT BE MASONRY, BUT SHALL BE ON APPROVED LIST. (SEE SECTION 22.4 C c. (2)(a)2 FOR APPROVED LIST.) (d) FIRST FLOOR SETBACK OF 12 FEET IS ENCOURAGED FOR WEATHER PRO- TECTION. IF NO SETBACK, A CANVAS AWN! G IS ENCOURAGED. (e) MASO Y FACADE 0 RIGHT-OF-WAY HUST CONSTITUTE 40% OR HOR OF IUILDI G SURFACE UNL!S A WALK-THROUGH IS D!SIG ED 11lROUGH 0 WlTHI A UILDI I WHICH CA TH! HASO RY FA AD ON TH RIGHT- OF-WAY KUST BE AT L T 25%, (f) IUILDl ' FACADE WIDTII SHALL Co ORM TO !XISTINC TYPICAL LOT lOTH (2S) FEET A Tll SAM FACAD OT EXC ,1.0 3 LOT P IUILDI C (7S) P T. (&) IU ILDl C II ICHT SHALl D 4 1.00 KU T I • I • • • - • • -6- (h) BASEMENT ACCESS MUST OCCUR OUTSIDE THE RIGHT-OF-WAY. I • • • 6 NORTH • I I --~ , :/ j iQO ' • • • BROADWAY REHABILITATION PROGRAM .. No I OU 4000- f~...U.~McJ.!f+~Hl•!t•IH~-IHrr-tl-ll-IH~·iHJ1r'H Ou•ncw ADclcltlf Tu111 U1110n .. ' • • -, U A • ORDINANCE NO. -..:?G SERIES OF 1983 • • - BY AUTHORITY COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY =tAt; AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE SEWAGE TREATMENT PLANT OF THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood maintains a sewage treatment plant; and WHEREAS, the City of Englewood has sufficient capacity to avail other governmental entities of the services of the plant; and WHEREAS, by contracting with other governmental entities, the cost of operation will be reduced to the citizens of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council of the City of Englewood approves the form of contract hereafter appearing and authorizes the Mayor and City Clerk to sign for and on behalf of the City Council of the City of Englewood and authorizes the City of Englewood to enter into said contract with those governmental agencies desirous of using the City's sewage treatment plant. CONNECTOR'S AGREEMENT Sewer Contract No. ______ __ THI S AGREEMENT, mad and entered into this _________ day of-----------' l9 ______ by and between the CITY OF ENGLEWOOD, COLO RADO, a municipal corporation , he r inafter ref rr ed to a s •city •, cti ng by and t rough ita du y elected, ual fled and uthorized Ma yor and City Cl rk, •nd corpor• ion of Color do, hereinafter c•lled •oiatrict•, c in9 by nd hrou h 1 • duly au hor z d nd • -• • • WITNESSETH WHEREAS, the City owns and operates a sewage treatment plant, together with a sewage system, so situated physically as to be able to receive and treat the sewage gathered by the District; and WHEREAS , it is the desire of the District to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions; NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from District's sanitary sewer system within the area served by the District as approved by the City, a s i ndi c ated in the descriptions attached hereto marked Exhibit A. Dis tr ic t s pe c if ic ally agrees to prevent sewage from any area, other tha n th a t desc r i bed he rein, from being discharged into District's s an i tar y s ewag e s y s t m c onnected t o City's trunk line and to prevent co n nec t ions t o th s y s t e m from or in any area other than those d sc r ibed he r ein . 2. In the op r ion of District 's sanita r y se we r syst m, Distr ct greea hat all pplicable Code provisions and r ules and r gulationa of Ci y, including amendments th reto during the t r• of the con rae , ahall b the minimum stand r ds f o r Dis rict 's system . Dis ric ur her gr a o abide by all a p plic b le a at and ede r al 1 , rules , regul t ona , or pe r 1 s , including those o he 2 • I • • • • Environmental Protection Agency (the EPA) as they become effective or implemented 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 completeness of government regulations other than the City's own regulations. 3. The City's permitting requirements shall be followed by the District and its users. All plans, specifications, and methods of work within 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 p rmit shall be final and no service shall b provided to property until construction is approved in writing by City. 4. District shall , at all times, properly maintain it sew r system and shall r ctify any problems or conditions which have b n determ ned by Di trict or City to b detriment 1 to City 's re t nt process. Should the City determin th t any d scharge enters the se er syst II contrary to governing law I ordinanc tatu e I rul s, regul ion I or permit I District agrees to proc ed t once to do wh atever is necessary to r ctify such condi ion. ~. City sh 11 h ve the right to allocate • rvice under this con cact, and City y deny addit onal ervlce prov d d, how v r, h 3 • • • • • • in no event will City terminate service without cause. City shall have the right to disconnect service to any area annexed by District when such annexation takes place without prior written City approval. District shall provide City, within one year of this agreement, an estimate of the number of equivalent service taps needed for the next five (5) years under current zoning and planned buildout in District's area. District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap requirements for the next five-year period of time in a form satisfactory to the City. Notice of these requirements shall be given City on each anniversary date of this agreement. 6. District agrees to pay to City those fees and charges, including tap fees, user fees, and such other fees, charges, and assessments as are approved by the City Council. City shall bill District user direct for 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; wh n such charges are changed, City shall give District forty-five (45) days' written notice. 7. y ars fro tha all The ter o hi Agreement ia for a period of three (3) the d te of execution, during which tim Di trict grees !fluent produc d from tapa within Di trict hall not be in violation of any federal, state or City 1 wa, rules or regulation s , or any oth r applicable governm ntal regulation• or the p rmits und r 4 • • • .. .. 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 agrees that it will maintain, 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, damaged, or require maintenance. District shall maintain 24-hour service to remedy disruption in service. District shall, if it deems necessary, notify its users of District's procedure to remedy service. 9. City is providing only sewage treatment service and, pursuant thereto, permits incidental use of City's sewage lines and only by this individual contract with District and does not, by this contract, off r treatm nt service except in strict accordance with the terms hereof. This contract does not offer, and shall not b construed s offering , sewage treatment service to the publ c gen rally or t o ny area outsid the limits of the District' s rv lce ar herein described. 10 . Th a contract aay not be assign d, sold, or tran f rr d by District without City's writt n consent . 11. Should ny eder l la , rul , p rait or re9ula ion or any state law, rule, permit, or regulation , or should a deer or order of a cour render vo d or unenforceable any provisions o this contract , in whole or n rt , i possible , th remainder shall b o ull ore and e c • • • • • • 12. The District shall enforce this agreement and each of its terms and conditions within the area described in Exhibit "A". District shall refuse to serve a user or potential user, disconnect the service of any user pursuant to appropriate law, or take other appropriate action in the event of: a. nonpayment of any charge made by City for services; b. any violation or noncompliance with the terms of this agreement; c. violation or noncompliance with the laws, rules, permits or regulations of the City, the United States govern- ment, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit, or regulation applicable. Should the District fail to promptly rectify a breach of thos e provisions identified herein, after notice thereof, City ma y tak e such steps and do such work as it deems necessary to enforce thi s agre e - ment, including litigation and specifically a right to injunction o r spe ci fic performance against the Di s trict or any of it s user s a s is ne cess ary to prot ec t the City's s ystem and operations. Th preva i ling par t y s ha l l be entitled to expens s and co s ts of suit, including a t to r ne y f es . Sh o u l d mor than on Di s tr ic t b conne c t d t o a se wer line , all Districts on the line shall be jointl y a nd se v e r ally li ble for any bre ch of his agreement and sh 11 i ediately , after no ic , rec ify ny probl • or condition d tri en al to the treat n process. City shall no b required to prove ich Dis r ict 1s at fault bu shall aake ava1labl to 11 such a ected Districts all in orma ion d v lo d or ccu ula ed by C ty per ain ng o such b r e ch . • • • • • 13. This contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both City and District is a part under statutory or constitutional authority as may be the case. ATTEST: Gary R. Higbee, City Clerk ATT ST: CITY OF ENGLEWOOD, COLORADO By~----~~~~--~---Eugene L. Otis, Mayor By ____________________ ___ lntroduc d , read in full , and passed on !1r h day o! July , 1983. r d ng on he Publish d as a Bill for an Ordinance on he 0 day o July , 1983. ead by title and p ssed on final read ng on the 1st day of Augus , l 3. 7 • • • - • • • • Published by title as Ordinance No. J(p , Series of 1983, on the 3rd day of August, 1983. Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinanc~assed on final reading and published by title as Ordinance No.~ , Series of 1983. Gary R. H1gbee • • • • • 7 B BY AUTHORITY ') 1 ORDINANCE NO. 1 SERIES OF 198~3~~--COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER Bile FOR AN ORDINANCE REPEALING AND REENACTING SECTIO NS 2 AND 3 OF CHAPTER 3 , TITLE XIII OF THE 1969 ENGLEWOOD MUNI CI PAL CODE, AS AMENDED, RELATING TO BUSINESS AND OCCUPATION TAXES UPON UT ILITY COM PANIE S OPERATING WITHIN THE CITY OF ENGL EWO OD . WHEREA S , the City le vies a business occupation tax on the businesses providing telephone service; and WHEREA S , it is necessary to review the amount of business and occupation tax levied every year . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. That Sections 2 and 3 of Chapter 3 , Title XIII, of th 1969 E.M .C., are hereby repealed in their entirety and new sections within subchapter 3 are hereby adopted to read as follows: 13-3-2: TAX LEVY There is hereby levied on and against all utility businesses and occupations maintaining facilities or c rrying on functions and operations , or both , within the City of Englewood, except as hereinafter exclud d , an annual t x in th sum of on hundr d twenty thous nd dollars ($120 ,000 .) FOR THE PERIOD TO OCTOBER 1, 1983 AND ONE HUNDRED SIXTY THOUSAND DOLLARS ($160 ,000) FROM AND AFTER OCTOBER 1, 1983 on the business and occupation of inst lling, maint ining nd operating such utility within the City of Engle ood and/or providing local x ch ng telephone service to customers within th corporat 11 its o the City of Englewood. 13-3-C'ri VE DATE 1 TAX DU h • • • • .. Section 2. The provisions of any ordinance in conflict herewith are hereby expressly repealed. Section 3. This ordinance shall not become effective until October 1, 1983 when it shall be in full force and effect . Introduced, read in full, and passed on first reading on the 18th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 20th day of July, Read by title and passed on final reading on the 1st day of August, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 3rd day of August, 1983. Attest: Eugene L. Ot1s , Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colo rado, hereby certify that the above and foregoing is a tru , accurate and complet copy of the Ordinance passed on final r ading nd published by title as Ordinance No. , Series of 1 83. Gary R. Higb e 2 • BY AUTHORITY ORDINANCE NO . SERIES OF 198~3~---- • • .. 7G COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 , AND 4 , ENGLEWOOD MUNICIPAL CODE OF '69 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLO WS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4 , of the E.M.C. of 1 69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seve" t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1 Arapahoe County, Colorado. b. Two (2) shall be appointed by the City Council; c. Five (5) shall be appointed by the appointees of the Board of Education and the City Council, two (2) of whom shall be under the ag of eighteen (18) years when appointed. 10-1-2: TERMS OF OFFICE y Council sh 11 d (1) memb r of th r to bru ry erma I • • • • .. • 10-1-4: QUORUM Fe~~ t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of fe~~ t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. Published as a Bill for an Ordinance on the 20th day of July, 1983. Read by title and passed on final reading on the 1st day of August, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 3rd day of August, 1983. Eugene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl wood, Colorado, hereby certify tha th above and foregoing is a tru , accurate and complece copy of the Ordinance passed on final reading and published by title as Ordinanc No. , Series 0 1983. Gary • • • •) 1".1 ORDINANCE NO.~--~ SERIES OF 1983 • • • BY AUTHORITY 7 D. COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE AMENDING CHAPTER 4, TITL~ I, ARTICLE III, OF THE CITY CODE BY REDISTRICTING COUNCIL DISTRICTS NUMBERS 1 AND 2 WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Commission of the City of Englewood has found that a variance in population in excess of their permissible limits does in fact exist between Districts 1 and 2 as heret o fore establ i shed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. That Se c tions 31 and 32, Chapter 4, Titl e I , Ar ticl e III, of the '69 Eng l ewo o d Municipal Code are her eb y ame nd e d to read as follow s : ARTI CL E III --COUNCIL DI STR ICTS 1-4-3 1: CO UNCIL DISTRICT NO. I Council Distri c t No. 1 shall in c lude and be co mpr ised of al l that northwesterly portion of the city bounded o n the east by the centerline of South Logan Street from East Yale Avenue, the northerly city limit line, to the c e nterline o f Ea s t Fl o yd Avenue; thence easeerly WESTERLY fr&m ALONG th e ce nter li n of East Floyd Avenu to the center l ine o f South €larks&ft ereee BROADWAY; thence southerly al ong the c enterl i n of So ut h Glarks&ft Sereee BROADWAY e& ehe eefte rl~fte & a Ham~ ft Aveft~eT eheftee we eerly fr&m eh e fteerlifte & &~eh lark &ft tr ee eft~ a t Hamp~eft Aveft~e the eeftt r l~ft ~ h re ~wayT h fte &~eherly P&M ehe eefteer lift e r&a~way at a HaMp~eft Aveft~ to the cente r lin of Oxford Avenue; th nee west r l y from the centerline of Oxford Avenue a Sou h Bro d way to the w st r ly city limit line; thenc nor h long said city limit line and follo wing s id ci y limit line to he intersec ion of E at Yale Av nue and South Logan S r t, th point of b ginn ng . 1-4-32: COU NCIL DISTRICT NO . II Council Dis r ic No. 2 shall include nd b comp r is d o tha northe ste e ly por ion of the ci y bounded on the w a he c n rline o Sou h Logan S r et and E Y 1 Av nu th northerly ci y 11 it line; h nc southerly o the c lin o s Floyd Av and ou h Logan S ree ; h nee • • - . . • • • • • eas~e~~y WESTERLY along the centerline of East Floyd Avenue to the centerline of South €~a~kse~ S~~ee~ BROADWAY; thence southerly along the centerline of South €~a~kse~ S~~ee~ BROADWAY to the ~~~e~see~~e~ ef Se~~R €~a~kse~ s~~ee~ a~e ~TST H~~hway ~85 fSas~ ~effe~se~ Aye~~er~ CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH CLARKSON STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF SOUTH CLARKSON STREET TO THE INTERSECTION OF SOUTH CLARKSON STREET AND U.S. HIGHWAY 285 (EAST JEFFERSON AVENUE), SAID INTERSECTION ALSO BEING THE CITY LIMITS LINE; THENCE ALONG THE CITY LIMITS THE FOLLOWING COURSES: EAST ALONG THE CENTERLINE OF EAST JEFFERSON AVENUE TO 'fHE CENTERLINE OF SOUTH LAFAYETTE STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH LAFAYETTE STREET TO THE CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EAST ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD; THENCE NORTH ALONG THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD TO A POINT 450 FEET, MORE OR LESS, NORTH OF EAST DARTMOUTH AVENUE; THENCE WEST TO THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED; THENCE SO UTH ALONG THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED TO THE CE NTERLINE OF EAST DARTMOUTH AVENUE; THENCE WE ST ALONG THE CENTERLINE OF EAST DARTMOUTH AVENUE TO THE CENTERLINE OF SOUTH FRANKLIN STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH FRANKLIN STREET TO THE SOUTH RIGHT OF WAY OF EAST AMHERST AVENUE EXTENDED; THENCE WE ST ALONG SAID SOUTH RIGHT OF WAY TO THE CENTERLINE OF SOUTH DOWNING STREET ; THENCE NORTH ALONG THE CENTERLINE OF SOUTH DOWNING STREET TO THE CENTERLINE OF EAST YALE AVENUE; THENCE WEST TO THE CENTERLINE OF SOUTH LOGAN STREET AND THE POINT OF BEGINNING. LOGAN STREET AND THE POINT OF BEGINNING. Introduc d, read in full, and passed on first reading on th 5th day of July , 1983 1983 . Published as a Bill for n Ordinance on the 13th day of July , R ad by ltle and passed on !inal reading on the ls day o Augus 1983 . • • • • • Published by title as Ordinance No. ________ , Series of 1983, on the 3rd day of August, 1983. Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. H1gbee • • • . . ORDINANCE NO. SERIES OF 198~3------ • • • BY AUTHORITY COUNCIL BILL NO. 4 1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31 , 1986 . WHEREAS, a tentative agreement dated July 15 , 1983 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, said tentative agreeme nt was duly ratified by a majority of the member s of the Englewood Employees Association; and WHEREAS, Section 5 10 lO(c), as amended, requires that the tentative agreement be approved by Ordinance duly passed by City Council . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WO OD , COLORADO: Section 1. That the tentative agreement dated July 15, 1983 by and between the City of Engle wood , Colorado , and the Englewood Employees Association, effective January 1, 1984 through December 31 , 1986, a copy of which is attached hereto and made a part her of, be and the same is hereby approved. Section 2. That the Mayor of th City of Englewood is h reby authorized and directed to execute th Coll ctive Bargaining Agreem nt bet ween the City of Englewood and the Englewood Employe s Association dated July 15 , 1983 , and the Director of Finane , x officio City Clerk Tr surer , shall at est the s me. A copy of s id is on fil with th Direc or ex officio Ci y su r e r, a summ ry of which lS a a .1'1 andlng Th n le wood soci tlon.• i rom J nu o and includ and d 4 0 0 c:o • I • • • I I BY AUTHORITY ORDINANCE NO. SERIES OF 198~3------COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BET WEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION , EFFECTIVE JANUARY 1 , 1984 THROUGH DECEMBER 31, 1986. WHEREAS, a tentative agreement dated July 15, 1983 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, said tentative agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS, Section 5 10 lO(c), as amended, requires that the tentative agreement be approved by Ordinance duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the tentative agreement dated July 15, 1983 by and between the City of Englewood, Colorado, and the Englewood Employees Association, effective January 1 , 198 4 through December 31 , 1986, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. Section 2 . That the Mayor of the City of Engle wood is hereby authorized and directed to execute the Collective Bargaining Agreement between the City of Englewood and the Englewood Employees Association dated July 15, 1983 , and the Director of Finance, x officio City Clerk Tr asur r, shall at st the same. Section 3 . A copy of said Agre m nt is on fil with the Director of Finane , ex officio City Cler Tr sur r, summ ry of which is s follows: l7 ritten pages, titl d een T e City Of Englewood And oci tion .• rhe dur tion of h Agr nd including D ce111b r 31 , 1986. r cogniz a he ngl lnclud d in a Assoc:fa lon, The • Th is 40 I • • • • r ' • off. Provision is made for acting pay, merit increases, longevity compensation, annual leave, personal leave, disability, on the job injury/disability, military leave, funeral leave, jury duty and witness service. Holidays are established in the Agreement. A uniform cleaning allowance is provided for those employees required to wear uniforms. A tuition refund program is established. Life insurance, dental insurance, and health insurance are provided at certain rates. Retirement benefits, layoff procedure, leave of absence and grievance procedures are established in the Agreement. Dues deduction is provided for. Certain Association activities are permitted. Standby pay is established, callback provisions are established and maintenance of benefits is assured. Compensation is provided for in the Agreement and provides for 5.75% increase on base wage rate effective January 1 , 1984. The parties have agreed to reopen wage negotiations only to be conducted in the month of September in the years 1984 and 1985. The foregoing is only a summary of said Agreement and does not in any way affect or modify the terms or conditions contained in said Agreement, said Agreement being fully implemented hereby. Introduced, read in full, and passed on first read ing on the 18th day of July, 1983. 1983 . Published as a Bill for an Ordinance on the 20th day of July, Read by title and passed on final reading on the lst day of August, 1983. Published by title as Ordinanc No. ________ , Seri s of 1983, on the 3 rd day of Augu st , 1983 . At e officio Cl y Clerk -Trea urer I, Gary R. H1gbee, x o oC n lewood , Color do, h r y ta true, accura and comple fin l re ding nd publish d by of 1 83. Eugene L. 0 City Clerk-Tr urer o h Ci y h bove and for going copy o h Ordinance p aa d on as Ordin nee No. , S ri a • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE l. This Agreement entered into by the City of Englewood, Colorado and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment as set out in the City Charter. Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the r ights, powers and authority of the Ci t y as granted to it under the l aws uf the State of Colorado and the City's Charter and Municipal Code. The righ t s, powers, and authority include, but are not limited tu, the following: A. Determine the overall mission of the City as a un i t of government. B. To maintain and i prove the ffici ncy and ffectiveness of City op rat ions . C. To d ter~aln th 1 rvlcee to be rend r d, th o p r tiona tu b perfor d, the t chnology to be utilized, o r the matters to b budaetad . D. To d t r.in the over 11 methods, proeeaaea, Ileana, job claaa1f1catlon or p raunnel by whtch City op ratlona re to conducted. !, To dtr ct, up rviae, hir , pr au e, tra t r, aat n, achedul , re ein or lay-oft ploy a. P. c. H. To auap nd, diaclplin , dtaehara and d au tt peraanent claaaified •ployeea. • for j at cauae, ell full- lack uf work or funda, untin d wurk uuld ry to c rry u t th reln or Uatt d by I • • • • ,. • Page 2 I, To take any and all actions to carry out the mission of the City in cases of emergency, J. Nothing contained herein shall preclude the City from conferring with its employees for purpose of developing policies to effectuate or implement any of the above-enumerated rights. The City retains the right to change any past practice which is not in conflict with this Agreament. In the event a past practica is sought to ba changed by the City Manager or Department Heads, the Englewood Employees Association will be provided reasonable notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in conflict with this Agreement. ARTICLE 2. DURATION OF AGRE EMENT A. This Agreement shall take effect on January 1, 1984 and shall continue in force to and including December 31, 1986. B. This Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Agreement should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this Agreemant shall remain in ful l fo rce and affact, and t h e partles ~hal l prompt l y meet and confer for the purpose of attempting to arrive at a mutuall y satisfactory replacement for such art i c l e or section. D. The part tea agree nd und r a tand that provisions r elating to emplo yees cover d by this Agreement aha l l in no way diap l ace or modify present or future atatutory or ca1 law o f the Stat of Co lorado. E. The part i e• a ckn owl ed e that dur i ng n gotiations which reaulted in thi1 Agr e m nt , e ach h a d t h un limited r ight and op portunity to mak demand • a nd pro po1a l 1 with re1p ec t t o 1ny 1ub j c t o r mat t r appro p r i at e Cor et 1 nd c on f r dilcu11 ion a nd th1t the under1 t an d ing1 and a r e m nt a a rrived at by t he pa r tie• 1ft er thi1 e xe r cise of that right and opport unity 1 r e set fo rth in thi1 Are aent. A.lTICL! 3 . COC ITIO. The City r the 1ul mploy uf Enal oud a u1 ina b ra In lud d: coaniza th n 1 uud •ploy n1zatlun certified by th e lu lv r pr 11 tative rur th unit: All full-ti , el Ht d non- r public ney ploy • u th City . I • • • • • Page 3 Excluded: All supervisory, managerial, confidential, part-time, temporary, seasonal, and contractual employees, students and all employees hired through the use of Federal, state or other outside funding sources for special projects or programs, and all others who may be determined by the Career Service Board prior to or during the life of this Agreement as provided under the City Charter. ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in the employee organization or its lawful activities; and B, Bargain collectively through their certified employee representative. C. No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. ARTICLE 5. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for the efficient transaction of their respective servlc~g. Such have been determined for non-emergency employees as follows: A. All employees covered by this Agre ment shall work at least forty (40) hours p r week, or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department h ad with approval of th City Manager. All employ es shall be scheduled tv work a r gular vrk schedule and each work sch dule shall have a regular starting and quitting time. Should the work sch dule be changed, affected employees will b notified as soon as possible. B. fift rk or d c. into p p h E ployeu hall en {15) -inutes schedul • lest partm nt h ad, b entitled to two {2) r t periods not to exc d or on (I) thirty (30) minute• re1t period for ach periods shall b under the control o the sup rvisur vv rt 1 • wur , r th uf &rant d 0 . n n ce•• ry, mploy e shsll aranted a c n-up p riod prior to the end of ach ur ach a a l b und r the control of th sup rvlsor r d atnut p r un cle n-up p riod • • • • • Page 4 E. All employees shall be granted a lunch period during each work schedule, Whenever possible, the lunch period shall be scheduled at the middle of each work schedule. ARTICLE 6. OVERTIME WORK A. For all employees covered by this Agreement, except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued overtime. B. All personnel subject to overtime shall be compensated for overtime work at the rate of one and one-half (I 1/2) Pimes the normal pay rate or compensatory time off during normal work hours, computed at the rate of one and one-half (I 1/2) times. The City retains the right to assign overtime work to any employee qualified to perform the work. C. The following positions shall be excluded from the above overtime provision. The current practice of offering compensatory time off for these positions shall continue, I. Accountant II 2 . Programmer/Analyst 3. Associate Planner 4, City Surveyor 5, Sales Tax Auditor 6. Associate Housing Coordinator 7. Engineering Inspector 8, Librarian I 9. City Service Work r V ARTICLE 7 . ACTING PAY All persona in acting positions will b compenaat d at the A atep of the acting poaition or 5% hich ver ie areater ae approved by the appointing authority, namely the City Manager. The mploye muet hav rk d in the poeition for a p riod of fifteen (15) •oneecutiva calendar daye before eaid e•ployee becomee eli&ible for actin poeition coapeneation. Such pay wil l b in after the fifteenth (15th) calendar day eaid mpluye aeeum 1 the raeponeibilittee of the actin& poaition. ARTICL E 8. HE IT 1 CR AS!S All anniverury d perfurNnc: , mployee upon r co City Manaaer upo increaae ia appruv • • • • • • Page 5 ARTICLE 9. COMPENSATION A. Each employee in the classif ied service shall be paid at one uf the rates set forth in the pay plan for the class in which they are employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incwubent may be set by the City at the step closest to his current rate in the grade established for the class, In such cases there will be no reduction in pay, D. A change in anniversary date will result when: (1) The employee is on leave without pay. The previous anniversary date shall be adjusted one month for each twenty -twu (22) wurklng days of leave without pay in any twelve (12) month period, (2) The employee terminates hia employment and later is re-emp loyed . The new anniversary date shall be determined by his new employment date. (3) When it is determined that the employee merits an increase, the date of the increase will deteraine the new annive r aary dat • E, Employees of the City of Engl wood represented by the Englewood Employ ea Association and covered by this Agr ement shall receive a 5 .75% increaae on the ~ base wage rate effective January 1, 1984 . F. The parties agre to reopen n gotiationa baaed only ~pon wa ea for the year 1985 and 1986. These negotiations shall commence on September 1, 1984 and 1985 and conclude on or befor October I, 1984 and 1985 . ARTICLE 10. LONGEVITY COMPE SATlO In addition to an mploy ea • nthly salary, the for lon evity comp naation baaed upon the nu.ber uf y 1th th City and shall be deriv d fr the followin Years uf Sarvie 0-4 5-9 10-14 Alluunt of Co naation on $24 par y mploy ahall be ali 1ble ra of continuou aervtc ach dule, I • • - Page 6 Years of Service 15-19 20 or • • • Amount o f Compensation $36 per month f or $432 per year, except for those employees whu ha ve not completed 16 fu l l years of continuous service on December 1 o f any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of servi ce up to December 1. more $48 per month for $576 per year, except for those employees wh o have not completed 21 f ull years of continuous service on December l of any year, which employee shall receive $432 plus an amount equal t o $1 2 f or each f ull month of completed continuous service after completion uf 20 years of cont i nuous service up to December 1. Effec tive J a n uary 1 , 1984, and thereafter, a ll new hi re s s h a ll not be eli g ible f or longe vi t y compensation as provided for under t h is Art i c le . AR TICLE 11 . PRO BATIO NAR Y EMP LOYE ES The probationary pe r iod for a ll ne wly a p poi nted em ployees shall be tw elve (12) -onths from the date of hi r e . Aft e r comp l et ion of the p r o bat ionar y period, the employee shall be given perma nent s tatus . A. A promoted City employee shall rec ei ve a min imum of one step inc r ease ln pay and serve a t welve (12) munth pr uba t l un a ry period in the ne w pusitiun; provided, however, that aft e r h a v ing satiafaetori ly s e r ve d in s a i d ne w pos i t ion fur a period of at least six (6) months, th e h ead of t he depa r tme nt to wh i ch th mployee waa promoted ma y r ecomm end pe rmanent st at ua in th ne w poeition for the mploye prior to the expi r ation of the t welve (12) munth periud. Any eub tantial tim aerved ln an acting capacity by the mployee will be tak n into conaideration by the department head when r cum. nding th length of th prubatlun ry p riod tu th appointing authority. uuld the dppuinting authority approve permanent etatus for the mploye prior to the expiration of the t elve (12) month probationary p riud, th mploy •hall b cunsid red to have perman nt etatue. Upon attaining p rman nt ltatua ln the n puaition, the employ e ehall receive 1 on step increaee in pey; pruvid d, ho ev r, thet the addition 1 et p il available in th new grad B. Any p nent mploye in th cl eified rvic upu in pruaoted to a n pueitJon in the Career rvice Syete• ehall hav probationary It tu1 1 t uut abuve in any poeition to which h w pruaut d, but h 11 r tain permanent 1tetu1 in hie previout cl ei!ication and aay tr n fer back ur b r turn d to that pr vlou poeition at any ti• durtna the probationary p riud t th dieer tlon uf th apputntln authurity, provld d under th with le11 than on (I) tiun ry p riud. n\ authority aay • dlfy or • Clt)'1 11 d•in- ratlun tru• th City n h d w th th the probati nary p riud. • • • • • Page 7 ARTICLE 12. ANNUAL LEAVE A. Employees hired prior to January 1, 1984 and cuvered by this Agreem ~nt shall accumulate annual leave monthly ut the r11te I l/l1 d;Jy!l per month uf ;Jctlv t· service. Annual leave shall not be granted to any employee until after cumplct lun of twelve (12) months consecutive service with the City unless otherwise authorized by the department he11d. In order to qualify for annual leave credit during the month, the employee must have worked for at least uno-hal f (1/2) uf the working days of that month excluding authorh.ed paid leave, Fur thusc employees having less than ten (10) years continuous service, the maximum accumulation uf annual l eave shall be thirty (30) days. B. After ten (10) years of continuous service wlth the City, employees shall accumulate annual leave at the rate of 13,3 hours uf annual leave per munth uf active service. In order to qualify for annual le11ve credit during the munth, t hC! l.'mpluyl.'l.' must have wurkt!d fur at least uno-half ( 1/2) uf thl! wurkin ll days u f t hat mun th excluding authorized paid leave. The maximum accumulation 11h~ll bu 40 days . C. Employees hired after January 1, 1984, and thereafter, cuvcred by this agreement shall accumulate annual leave yearly at the following rate: 0-4 years 5-9 years 10 o r mo re years D. Accumulation of for any pu r po se after the se The chcdule d~pa rt nt . Annu the department h Pay The r t uf ho rly rate baail, exe only tu the Maximum Accru al 80 hours per year 160 hours 120 hours per year 240 hours 160 huurs per year 320 huurs annual leave shall neither be maximum accumulation has been outhuri:u•d nur cumputud reached, shall be d teCJllln d by tho nucdw uf th e l a t 1 o cunvcnl nt tu and npJ>Cuvt•d IJy th at to their supG r nnu. 1 1 vo. puy (I~) l l '''"" nil LIH• Cl t y 1 '''Ill I r,• • l h, 1 1 v<s p r vd, th pluyuu lihl I ul r uf h ura w rk d • • • • • • • .. Page 8 How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separatlun. ARTICLE 13. PERSONAL LEAVE Effective January 1, 1984, all employees covered by this Agreement shall be granted 48 hours of personal leave time with pay which an employee is entitled to us e for t he 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. Fo r any employee who has not used the 48 hours of personal leave time ending November 30 of each year or any portion thereof, the City will compensate said employee for the unused time at the employees regular wage rate to be paid during t he munt h uf December u f th a t ye a r. Pe rsunal leave time shall nut exc~ed 48 huur s nor sha ll i t be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the department head or auperviaor. In the event of i l lness /injury in which peraonal leave is request ed , s h i f t work empl oye s shall notif y t h eir supervisor at least one (1} h our pr ior t o thei r sch du le d r e port i ng tia , a l l othe r employee& shall report at the beginning of th i r ach du le d reporting tiae. Personal leave ahall be pro- rated f o r e ~pl oye es beginning and t r ai nat ina eaplo yment with the City during th c a l endar year. ARTICL E 14. DIS AB ILITY - T OlARY ( '0 JOI RE LATED) Definition Temporary diaab111ty is leav ranted or nun-a rvice conn ct d inju r y or illneas of an mployee which diaability prev nts th pluye froa perfor ming his/her duties sa a Ci t y ploye • Provialon The City a r a to pr uvid t o r ary disability 1 v with absent a a reault of illne a /injury at the rate of 100 1 of t h r ular wa up to 120 calendar daya ur dtsabiltty. T apurary dis a bility leeve eha ll n of ach y ar tha Ci ty aha ll r e t r 1001 durtna th pr c dina y ar up to a iv a y fu r pl oy tha t n January d by an a ploy s I • , • • - Page 9 For employees. hired after 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 60 days 90 days 120 days For employees hired after January 1, 1984, and thereafter, 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 preceeding year as follows: 0-4 years 5-9 years 10+ years up to a maximum of 30 days up to a maximum of 45 days up to a maximum uf 60 days Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability. B. Authorization for temporary disability shall only be gr nted for the following reasons: 1. Personal illness or injury not service connected, including maternity. Sick Leave Option All aick le ve accrued by permanent employees prior to January I, 1980 shall vest with the employee, and may be uted tn the following mann r: A, After the 120 dayt as described abuve, hav been used, unleaa the employee is entitled for retirem nt aa a reault of disability, B. By c thing in all accrued tick leave accumulat d under the pr vious plan upon normal retir ment from th City at the rate of one hourt pay for each t o houra of accrued tick leave or one hours pay for each four hourt upon aeparatlon from the City. C. By caahina in aecru d aick leava under th previous plan, once each year at the convereion rate of four (4) ~oure ale leav for n (I) hour pay, not to exce d a convereion of aore than 400 houre ach y ar. Re~rttn 1 of T eurarl 01ub1Utl Th II Dhabilitl It ahall th r punaibUity of th d tu d t rain th v lidtty 0 11 tbiUty f t Ute 1 n tur • • .. · Page 10 on the leave request form noting temporary disability entitlement shall indicate such determination. An attending physician's statement will not be necessary until after three (3) days of disability except when required by the Department Head. 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 fur unauthorized purpuses. An cmpluyec whu make s a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 15. ON-THE-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any empluyee tu be absent frum work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under 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{&) at the City's expense or under the provision of workmen 's compensation. The employee will not be charged sick leave for disability und r this Article. 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 mployee leaves their department of mpluyment . ARTICLE 16 . MILITARY LE AVE A. Any p rmanent or probationary mployee who enli1ta or ia inducted into the milita ry, naval, air or other armed 1ervicea of the Unit d Stat a in tim of ar shall b ntitl d tu a 1 av uf ab&enc lthuut p y fur th dur tiun uf uch war ur until honorably dlachar ed, whichever occura firat, and f ur un (1) y ar thereafter. u r fur y B. c. pv 1t lun than t e Any ho ahall b a ~b r of the atlonal Cuard th d un l 11 th luy d ru• 1ueh a111tary ll•tt d t r 1ue 1 av 1 • • • • · Page 11 prevented from so returning by physical or mental disability or other cause not due to his 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, B and C above, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service, ARTICLE 17, FUNERAL LEAVE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted 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 employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spuusc. Annual leave may be granted by the Department Head if additional time off is deemed appropriate. ARTICLE 18. 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 shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall b taken as annual leave or leave without pay. ARTICLE 19, HOLIDAYS A. The following daya ahall b conaidered official holiday• by the City: 1, N w Year'• Day: January 1. 2. Waahington'• Birthday: the third Monday in February. 3. mortal Day: the laat Monday in May. Independence Day: July 4, 5. Labor Day: the firet Hund y in Sept •b r. 6. Veteran'• Day: ov aber II. 7, Thankea1vina D y: the f urth Thur d y in ov mb r. 8, Fourth Friday of ov ab r foll win Thanks tvtn Day. 9. Chri tm 1 !v : D c ab r 2 • 10, Chtietaae Day: D ceab r 2S, II. ew Year'• !ve: D 31. I, Any ploye cuver d by thie re nt who du a no p r!ora duty tchadultd 1.1n the wurktna d ye vr v apprvv d pa d l av 1 di ely prtur tu and toll wina a holiday ahall no r eeiv pay or th h llday unl e otherwt auth rlud by th departa n h d. • • • • • .. Page 12 C. Eligible .employees other than shift work employees at the Wastewater Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an official City holiday shall receive one and one-half (1 1/2) times the employee'R regular rate of pay for all hours actually worked in addition to the employee's regular pay for the holiday or time off at the rate of one and one-half (1 1/2) times the number of hours actually worked at the discretion of the department head. D. When any of the foregoing holidays fall un 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 determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE 20. 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. The City will continue to provide uniforms, cleaning and replacements. The City will provide 50% of the cost of required work shoes up to a maximum of $40 per year except with department head approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by neg ligence or deliberate act • ARTIC LE 21. TUITION REFUND Upon recommendation of the department head and after prior approval of the City Manager, the City of Englewood may reimburse employeea covered by this Agre e- ment upon succ s ful completion of an approved cuurse or courses in education ur vocational training at th public institution rate. The course or traini ng mu s t be related to the work and be designed to improve competence in the job, and be of value to the mployee's se rvice to th City. This shall include all tuition, and re qu ired text a . ARTI CLE 22 . LIFE 1 SURANCE Tara Life ln1ura nee will be provided by the City for eeployeea covered by th1e Aare .. nt of $20,000 for each employe A conv rei n privilea upon retir nt o! SO% covera e payeble by the mployee will b .. d available by the City for laid retired employee . A TlCLE 23. DE TAL 1 SURANCE Durin the llf of thia Aaree .. nt, the City a all pay pr eiu or th City D ntal lnauranc Plan or other plan ic City a lubetttut Cur th City D nt 1 Pl n fur ch nt policy h lder. Employee• eha ll a 1ue any pr eiue rate tncr aee the ltfe of thie Aar e .. nt in e ••• of $10 of ain le and $ of nt cov ra •· • • • • • Page 13 Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item under this Agreement,) ARTICLE 24. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Agreement, the City shall pay 100% of the 1983-84 premium cost for the City Health Insurance Plan or uther plan which may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder . B, Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item und e r this Agreement,) C. Retirees prior to January 1, 1980 will be provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable, Retirees after January 1, 1980 will be guaranteed conversiun privileges to the Health Insurance Plan available through the City. The City will pay 50% of the coat of coverage of the conversion plan up to a maximum of $50 per month. D. Beginning J anuary 1, 198 5 , and thereafter, employees shall assume any p r emi um rate increase above the 1984 premium rate on a shared 50-50 basis with the City and any subsequent i ncreases during the life of this agreement. ARTICLE 25, RETIREMENT BEN EFITS The r etirement benefits for mploye s cove red by this Agr eement ar set forth in Ti tle V, Chapter 9, Retirement, of the Enal wood Municipa l Code. Th following changes 1hall be made Januar y 1, 1980. A. For prior 1erviee: .751 of the members final avera e .anthly comp n•e- tion, multiplied by the nu.ber of y ars of credited prior servic • B. For current 1ervice: 1.5% of final averaae DOnthly comp ns tion, multipli d times tha nua r of years of credited currant service. ARTICLE 26. LAYOFF A. enever th r it 11 d terained that continu raquirin r• uctiun in th act ora • re I • • - • • • • Page 14 B. All other factors being equal, employees on layoff shall be recalled in the order of relative length of service as shown by the personnel records, provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The recall list shall terminate after one (1) year.) ARTICLE 27. LEAVE OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of absence without pay for reasons of edueation which is allied to the dutiea of the City, settlement of an estate, child care, serious illneas of a member of the employee's family, or attend Engle- wood Employees Association activities but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall nut ClC.Cel!d siJC. (6) munthtl of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former poaition if available or to a position comparable for which the employee ia qualified. During periods 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 abaenee without pay ahall be aubmitted in writing by the employee to the employee's department head. The requeat shall indicate the reason the leave uf absence is being requeat e d and the approximate length of leave time requested. Conaideration of Leav Request The department head shall grant or d ny leave requ Ita, taking into conaid ra- tion the departaenta work force, work load and the eaploye a requeat. Failure t o Return If an employee faila to return by th data of leave expiration, the mployee ahall be conaidarad to have voluntarily reaian d froa the aervice of the City. AlTICL! 28. C lEVA C! P OC!DU A arievanc 11 defined aa a claia or diapu e by an l~y c v red by th tara. of thla A ra .. nt concarnin an alla d lolatl n f a ap ciflc provision of th1a Aare .. nt. The eaploy ahall raqu1r d to foll th proc dur aa a t out be 1 A. r Day• an cal n ar dsya City rae ani& d holidays . 1v uf y•, nd • • • • • Pa ge 15 If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five work days of the date of the uccurrence of the grievance, or the employees knowledge uf it, th e employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) work days following receipt of the supervisor's response. The department head shall respond in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) ··ark days following receipt of the response of the department head. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. I f th e grievance is still unaettled the Englewood Employees Association o r bargaining unit employee, within ten (10) work days after the reply of the City Manager or hie/her deeignated representative, may by written notice request the ma tt e r be hea rd by the Ca r ee r Service Buard. The Career Se rvice Bu a rd s ha ll be requested to ieeue a decision within thirty (30) day1 after conclusion of testimony and argument. Eac h party shall be re1pon1ible for compensation to i t s own r e pr eeentat i ve a a nd wi tneaaea. Failure by the Englewood Empl o yees Assoc i at ion o r an employee t o comply with a ny time l imitation s h a l l const i tut e a s ett lement of t he g r ievanc • Sho uld the e mployer no t respond wi th in the prescr i bed time , the grieva nce will a ut omat i c ally pr oc ed to the ne xt st e p. Author i t y of Ca r eer Service ao ard The Career Service &oard shall change the ten~~ of this A&re -nt. final and b1ndin upun th part1 a. to the arievance tubmitted which haa procedure outlined. Crievance Option have no p er to add to or subt r act froa ur The wr itten decision of the aoard shall be The Board lhall liait ita d c1s1on strictly bean pr operly proceeaed throuah the &rievance th ri vane that eh uld th app 1 pruc dur ae pruv1d d u d r 13 :4 uf applicable City o r dinances 11 u ilhed, r cuuru to the tnc1ud d 1n this Articl shall w tv d. 1 l o t Cri d • or d ti&nat d Uatu lth u • • • • .. Page 16 ART I CLE 29. DUES DED UCTIO N A. The City agrees to dedutt the Englewood Employees Association dues each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Assoeiation, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty day written notice by the employee to the City Finance Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable fur the collection or payment to the Englewood Empluyues Assuciatiun u f any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff l ist, the City will not be reeponeible to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and ho l d th e Ci t y harm l ess against any and all claims, suits, orders, or j udgments brought o r issued against t he City as a result of any action taken or not taken by the City unde r the provi s i on of this Article. D. Changes in the dues amount to be deducted shall be limited to tw o (2) changes each year, and prov i ded a thirty (30) day writt e n notice is p r u vided the City Finance Director. E. Should the change in the deduct i on amount or method require a co mpu t r p r o gram min g change, the Eng lewood Emp loyees Association shall be responsible fo r that coat of such change or c hanges, at $30 per h our with a four (4) houre ma x i mum . Pa ym ent f r om the Eng lewoo d Empl oyee• Ase oc i ati on sha ll be made to t he Ci ty Financ e Di r e c to r wi t hin t n (10) da ys of rec ipt of billing. ARTICLE 30 . ASSOCI ATIO ACTIVITIES The City agree• that during workin hours on the City pram!• 1 and without loss of pay, Englewood Employees Ass ociation .. abe r s aay be allowed to: att nd Englewood E.ploysss Allociation and/or .. na nt .. tin a; post En lswood Employes• Association nottt a on City dsst natsd bull tin boarde; solicit En le- ood Employees Association absrshipa during loy 'a n n ork tim ; and represent employees on grievances and negotiati na. A TICLE 31. STANDBY PAY mploye 1 c v rtd by tblt c d at a rata aqu 1 to et f t t st a ndby duty. • I • - • • • • Page 17 ARTICLE 32, CALL.BACK Any time an employee on off duty status who is called back to work shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (1 1/2) times their regular hourly rate, ARTICLE 33. MAINTENANCE OF BENEFITS All wages, hours and other terms and conditions of employment granted to the employees covered by this Agreement, the Englewood City Charter, or Municipal Code, shall continue in full force and effect at the highest level of benefits. In Witness Whereof, the parties have cauaed this Agreement to be signed by their respective representatives, and their signatures place thereon, on this __ day of July, 1983 at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION • • • • - ORDINANCE NO. BY AUTHORITY SERIES OF 198~----- A BILL FOR COUNCIL BILL NO. 43 INTRODUC~p BY COUNCIL MEMBER .-t d t; ) AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31, 1985. WHEREAS, a tentative agreement dated July 22, 1983 by and between the City of Englewood and the Englewood Police Benefit Association has been executed by representatives of each of the said parties; and WHEREAS, said tentative agreement was duly ratified by a majority of the members of the Englewood Police Benefit Association; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the tentative agreement dated July 22, 1983 by and between the City of Englewood, Colorado, and the Englewood Police Benefit Association, effective January 1, 1984 through December 31, 1985, a copy of whi ch is attached hereto and made a part hereof, be and the same is hereby approved. Section 2. That the Mayor of the City of Englewood is hereby authorized and directed to execute th Collective Bargaining Agr ement between the City of Englewood nd the Engl wood Pol ic e 8 nefit Ass oci ation d ted July 22 , 1983, and the Director of inance , ex officio City C lerk Trea su rer, shall at est the sam • Sectio n 3 . A copy of said Agr em nt is on file with th Di rect o r of Finance, ex officio Ci y Cler Treasur r, a summary of whi ch i as follo ws: 5 id Agr em n con i yp wri t n p 9 s, t1 1 d morandum of Underst nd ng 8 w n Th C y Of ngle wood And T e lewood Polic B ne 1 Assocla ion.• The durat on of h nt is fro January 1, 19 4 nd including 0 ce r 31, • • • • • salary, retirement benefits, tuition refund, bidding procedure for holidays, vacation and shift assignment, letter of warning, and the exclusive of agreement protection is provided for in the Agreement. Longevity compensation, promotion, annual leave, personal leave, life insurance, dental insurance, health insurance, and holidays are provided for in the Agreement. Compensation is provided for at the rate of 5.75% effective January 1, 1984. The foregoing is only a summary of the Agreement and is not intended to modify, define or interpret any of the provisions of said Agreement, the Agreement being of full force and effect and adopted hereby. Introduced, read in full, and passed on first reading on the 1st day of August, 1983. 1983. Published as a Bill for an Ordinance on the 3rd day of August, Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higb e, ex officio City Cl rk-Tr sur r of the City of Engl wood, Colorado, h r by certify that the above and foregoing is a true , accurate and compl te copy o a Bill for an Ordinance, introduced, red in full, and pa d on first reading on th 1st day of Augu , 1983. e ry R. Hlg6 e • • • • • CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood, Colorado and the Englewood Police Benefit Association has as its purpose the promotion of harmonious relations between the City of Englewood and ita Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. Except where limited by express provisions elsewhere in this Contract , nothing in this Contract shall be construed to restrict , limit or impair the rights, powers and authority of the City as granted to it by constitutiunal p rovision, statute, ordinance, charter or special act, the excluaive power, duty and rights to; A. Determine the overall mission of the City aa a unit of government. B. To maintain and improve the efficiency and effectiveneea of City operations . C. To determine the eervicee to be rendered, the operations to b performed, the technology to be utilized, or the .. ttera to be bud t d. D. To determine the overall methode, proceaeee, m ane, job claaaifica- tiona or peraonn 1 by which City operation• are to be conducted. E. To direct, aup rviee, hire, promote, tranafar, aaaian, aehedule, retain or lay-off mploye a . F. To euapend, dtsciplin , diacharge, and d ote for cause, all full- ti peraanent claaaified employ ea. G, To relieve mploy a froa duttea becaua of lac of or under conditiona where the City det ralnea continu d tn fftct nt or nonproductive. r fu d , uld b H. To tak hatev r oth r actions aay be n c ssary to carry uu th wieh a uf the public nut oth rwia p cifi d h rein or lialt d by a collective b rgalnin sar ment. I. To take any and all actl na to carry ou th a!ssl n of h City in Cal of fl ncy. • I • • • • Page 2 J. Nothing .contained herein shall preclude the City from conferring with its employees for purpose of developing policies to effectuate or implement any of the above enumerated rights. ARTICLE l. DURATION OF AGREEMENT A. This Contract shall take effect on January l, 1984 and shall continue in force to and including December 31, 1985, B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by thit Contract shall in no way ditplace or modify present or future statutory or ease law of the State of Colorado. E. The partie• acknowledge that during negotiations which resulted in this Con tract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meet and confer discu1sion1 and that the understandings and agreements arrived at by the partie• after thit exercise of that right and opportunity are let forth in thi1 Contract. All b nefitt agreed to in previout Memorandum• of Understanding and not addres1ed in thit Contract will continue, ARTICLE 2. ll!COC IT ION Th e City r e cognize • th Englewood Police Benefit Altoeiation as the mploy e organization certifi d by the Career Servic Board of the City of Englewood a1 the exclulive repretentativ for the Pulice aploy 1 within the followin bargainin unit: Included: All full-ti , elalaified aworn police offieera of the City Police Dep rt nt. Z clud d: All uthera 0 y d tarained by the Career S rvice Board. AllTlCLI 3. HPLOY! ltiCHT A full-t1• claaaifi d •ploy e u ia not a con id ntial aploy , a aan.aerial loyee, or a auparvtaor ahall have the r1 ht1 • I • • • • .. Page 3 A. To form; join, support or participate in, or to refrain from forming, joining, supporting, or partiCipating in any employee organization or its lawful activities; and B. Bargain ~ollectively through their Certified employee representative. C. No employee shall be interferred with, restrained, coerced or discriminated against be~ause of the exer~ise of these rights nor shall the right of an individual employee to dis6uss employment oon~erns with the City be infringed upon. ARTICLE 4, HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transa~tion of their respe~tive services. Su~h have been determined fur emergency employees as follows: A. All employees ~overed by this Contract shall be stheduled at least an average of forty (40) hours work per week in seven (7) day tyOles. The work week shall consiat of five (5) eight (8) hour shifts, four (4) ten (10) hour shifts, or other work schedules as determined by the Police Chief with approval of the City Manager. Lunch and other breaks will be scheduled at the discretion of the Police Chief during the work schedule. B. The past practices concerning hours of work, scheduling, roll call, rest breaks and meal period will Continue during the life of this Agreement. ARTICLE 5. LAYOFF Whenever there is la k of work, lack of funda, or under eonditiona wh re the City d termines continu d work ould be inefficient or nonproductive, the appointing authority ahall deai nat th poaitiona in wh1eh the layoff is to be d • Th order of layoff ahall be the quality and length of aerviee employee• who have not yet aehiev firat, re ardleaa uf perforaan baaia of areaa, Any laid off r 1 all n c t1n for any City or dtt, 1 elu in t niurtty, d • • • ,. • Page 4 ARTICLE 6. OVERTIME WORK A. For all employees covered by this Contract ex~ept Sergeants, duties performed over and above the assigned work s~hedule shall be ~onsidered overtime. Overtime shall not be ~omputed nor compensation pay allotted on previously accrued overtime. Sergeants shall receive overtime only for court, staff and administrative meetings when required by a superior. This will also include assigned training and assigned overtime. B. All personnel, as defined in this Article, shall be compensated for overtime work at the rate of one and one-half (1 1/2) times the normal pay rate. C. The City retains the right to assign overtime work to any employee qualified to perform the work. Overtime work will be offered on a voluntary basis first. If the required number of employees ne~essary to perform the overtime work can not be found, employees shall be assigned and obligated to work such overtime. ARTICLE 7. COMPENSATION A. Effective January 1, 1984, employees ~overed by this Contract shall re~eive a 5.75% wage in6rease on their base wage. B. The parties agree to reopen negotiations baaed only upon wages for the year 1985 with a guaranteed minimum of 4%. These negotiationa shall ~o .. enee on September 1, 1984 and conclude on or before October 1, 1984. ARTICLE 8. CALL BACX An employee on off-duty status who is called back to duty shall b ~redited with a minimum of two (2) hours of pay at the rate of one and one-half (I 1/2) times the regular hourly rate. Call ba~k shall include other duty related functions such aa staff and administrative tinge, trainina, pistol ran a, monthly qualifications, ett. A TICLE 9. STANDBY An mployee aaaign d to atandby duty h 11 b credit d with eight (8) atraiaht tiae houra of pay for aeh full w of standby duty. Oetectlv tov red by this agre men shall r e tv ei ht (8) h ura f tl .. end for aeh full w k of atandby du y. AlTICL! 10. In f r 1 With th o- 0 • • • - 'Page 5 Years of Service Amount of Compensation 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. 10-14 $24 per month fur $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after Completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have nu t com pleted 16 full years uf continuous service un December 1 uf Kny year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not comp l eted 2 1 f ull years of continuous service on December 1 uf any year, whic h employee shall receive $432 plus an amount equal to $12 for each full month o f complet d continuous service after completion of 20 ye a r s of ~ontinuous service up to December 1. ARTICLE 1 1 . PROBATIONARY EMPLOYEES A. Th e probationary period for all newly appointed Police employees shall not be leas than tw lve (12) months from the date of hire. After completion of the probat i onary period, the employee shall be eligible for permanent status. B. A p r o ut d em p l oye e cov red by this Contract shal l a rv a tw lv (12 ) mont h pr o bationary period in a new position. After completion of aix (6) mont h s in th e new poaition, the Chief at hie discr tion aay r commend permane nt s tat us t o the appointin authority. Should the appointing authority ap prove peraan nt s t a t ui fo r th ploy ee a t the e xp i r a t ion of t h p r o batio nary pe r iod, the employee shall b considered to h ave pe r ma n e nt atatu1 . c. Any p naanant e ployee cove r ed by t his Cont r act upon bain promot ed to a n w pue1tlon tn the Career Service Syetea ehall hav probationary et atu 11 let ou 1 v in any position to w 1ch h wae p r omo ed , but eh 11 r tai n peraan nt statu in his prev1ou cls1ai!ieation and aay volunt arily t r ans fer bac to th previou posi t ion at a ny ttae, r b returned to tha t po s itton by the appolnt l aut h ority durin& t a prob tion ry p rtod . o. tn - u t r htr d 1 pruvid d und r • with le11 then on {1) y tu a pro t lunary rt..,d. Th 1u hority y dtfy or uv I I • • • • - Page 6 ARTICL E 12. ANNU~L LEAVE A. Employees hired prior to December 3 1 , 1983 an d cove red by th i s agree- ment sha l l accumulate annual leave monthly at the fo l lowing rates. Length of Service 0-9 10 and above Hours . per Month 10 13.33 Hours per Year 120 160 The maximum accumulation of annual leave shall be as follows : Length of Service 0-9 10 and above 240 320 Employees hired January I, 198 4 a nd thereafter shall accumulate annual leave at the following rates . Le ngt h Ho urs Hours of Servi ce pe r Month per Year 0-4 8 96 5-9 10 120 10 and a bove 13 .33 16 0 The ma ximum a c c umu lation of a nnual leave s h a ll be as fo l lows: Length of Se r vice 0 -4 5-9 10 and above 192 240 320 B. Annual 1 ave shall not be granted to any e mployee un t il af t er completion of t w lve (12) ~on t hs c onsecutive s rvice with t he City unleaa othe rw iae authoriz d by the Chief . In order to qualify for annual leave cr dit durin the aont h , the ployee auat have wurked for at l aat one-half (1/2) of th working days of that aonth excluding authorized paid leave . aft r 1 ave c. ta an at a tiaa ehall not lou th apluy e h nd hat b en d leave ahall n ither b auth rized nor c aputed for any purp ae accumulation haa been raach d. Tha achedul for uae of annual terain d by the n da of th d parta nt. Annu 1 1 ave ahall b convenient to and approv d by the Police Chief. Eaploy 1 ecuaulated annual leave after the maxiaua h be n r ach d if requ at d u uf nnu 1 le ve priur tu xi ua ccuaulattun, nied u e of annual 1 ave. ~-nuel L av Pay The rata of annual 1 av h urly rata o pay for th th ular ular atr 1 ht t1 d on a rktn hour I • -• • • ·Page 7 basis, excluding ~egular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the Police Chief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start uf their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall be compensated as follows: A. The employee shall be paid for all hours worked at the overtime rate. B. The employee shall not be charged with vacation time for the number of hours worked. Minimum Usage There shall be a one-week minimum on use of annual leave time, unless otherwise authorized by the Poli~e Chief or his designated representative. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be eompensated for the unused annual leave time accumulated at the time of separation. In the caae uf voluntary aeparation, the employee shall be required to give two (2) weeks notice to the City. How <llarged Annual leave for employees shall be charged on a working hour basis e xcluding regular days off. ARTICLE 13. PERSONAL LEAVE B ginning Janua ry 1 , 1984, all employees covered by this agreement on an eight (8) hour &hift shall be granted 48 personal leave hours with pay and those on a tan (10) hour shift shall b granted 50 personal leave houra with pay hich an employee 1a ant it lad to uae for the following purpgsaa: A. Tima loat as a raault of illn as/injury to the i ... d1ate family. B. Attend personal buaineaa. c. Leiaure tie • ployee or the eployee'a I • • • • Page 8 For any employee who has not used the 48 or 50 personal leave hours ending November 31, of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid during the month of December of that year. Personal leave time shall not exceed the 48 or 50 hours as designated above nor shall it be accumulated or carried over from une year to the next. Personal leave shall be scheduled and administered under the direction of the Police Chief for personal business and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other person designated by the supervisor at least one (1) huur prior tu their scheduled reporting time. ARTICLE 14. 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 performing 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 100% of the employee's regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accumulative exeept that on January 1 of each year the City shall restore 100% of the number of days used by an employee during the preceeding year up to a maximum uf 60 days. For the employees hired after 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 60 days 90 days 120 days For mploy es hired aft r January 1, 1984, and ther after, temporary dia- ability leave shall not b aecumulativ except that on January 1 of ach year the City shall restore 100% of the number of days used by an e ploya durin& the praeeadina year as follows: Ut111&at1on o-y an 5-9 y an 10+ y ara up to a xiaua o 30 days up to a ... 1 f 45 days up to a ... 1 of 60 daya A. Author1aat1on fort porary dieability 1 av with pay ehall nly arantad after the ire day of dieabillty. • • • .. B. Authori~tion for temporary disability shall only be grant e d f or the f ollowi ng reasons: 1. Persona l i l lness or injury not service connected, includ i ng maternity. Si ck Leave Opti on All sick l eave 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 120 days as described above have been used unless the employee is entitled f o r retirement as a result of disability. B. By cashing i n all accrued sick leave ac~umulated under the previous pla n upon norma l or disability retirement from the City at the rate o f one hours pay for each two hours of accrued sick l eave or one hours pay f ur each fv ur h ours up on separation from the Cit y . C. By cas hing in accrued sick leave under the previous plan, on ce each year a t the con version rate of four (4) hours sick leave for one (1 ) hour pay, no t to exceed a conversion of more than 400 hours each year. Re po r ting of Te mp orary Disability The employee or a me mber of t he employee's h ousehold shall no t ify the employee 's supervisor at least 30 mi n ut es pr ior t o the employe e 's ache du led r epo r ting time . No temporary disability leave will be g r anted to an e mployee who fails to no t ify their aupervisor prior to the beginni ng of the emp loyee's wo rk schedule unless circumstances beyond the contrul of the employee would nut p rmit. Verification of Diaabilit~ If the Police Chief requires a phyaician's etatement of diaability, the City shall bear the Cul t of such phyatcian'a atatement. Abuse of Tempvrary Oia biltt~ Abua e of temporary dlaability occura when an employ e miareprea nta th actual reaaon for requeating t mporary diaability or when an mploy e uaea t mporary diaability leave for unauthorized purposea. An mploye o .. kea a falss claim for temporary diaability leave ahall b subj ct to dtaciplinary action. TlCLI lS . 0 -TH!-JOI I JUlY -DI ABILITY • • • • Page 10 B. All inju_ries that occur during working hours shall be reported tu the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE 16. LIFE IN SURANCE Term life insurance will be provided by the City for employees covered by this Contract of $20,000 for each employee. A conversion privilege upon retire- ment of SO% coverage payab le by the employee will be made available by the City for said retired employee. ARTICLE 17. DENTAL INSURANCE During th e life of the Contract, the City shall pay 100% of the premium cost fo r the City Dental Insurance Plan or other plan which may be selected by the City as a substitute for the City Dental Plan for each single and dependent policy holder. Employees shall assume any premium rate increase during the life of this Contract in excess of $35 per month. A. The City agrees to continue to provide each employee covered by this Contract the same level of dental benefits as provided to them as of January 1, 1980, except the City shall improve said benefits according to industry standards each year and for the duration of this Contract. B. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that thia Article is a non-grievable item under this Cant ract.) C. In order to promot a b tter understanding of the Ci ty's proc dure for reaolving employee disputes concerning the interpretation and application of the City's health and dental insurance program, the followin proc dures &hall be utilized in thole inataneea wher an employee feel• that their health or dental inaurance claim haa not b en proceased or paid in a manner eonaiatent with the City'a inauranc plan. 1. If an employee fe 11 that hla/h r health or d ntal elata haa n incorrectly paid ur dent d, the eaployee ahall flrat contact and infora the Clty'a Benefit Coordinator in the Employee lelatlona Departa nt at City Hall. 2. It th diaputed clala e n nut r aolved by th n fita Cuordln tor, the elai• 111 b r aubaitted to the inauranee a inlatrator fur futh r rtvi wand conaidtration. If th elai• e n n t r aolv in ur dainlatrat r, the nt lnfor ti n to th City' and lnv atlcatlon nd w u ah inforaatton nd diati n . inaurane con 11 t t •P to t th loy rd d wit all for furth th dl ut I • • • • - 11 4. The writ.ten decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a ~omplete review of the pertinent facta giving rise to the dispute and shall submit to the City a written decision which shall be final. The cost for employing the Colorado Foundation for Medical Care shall be paid for by the City. ARTICLE 18. HEALTH INSURANCE -EMPLOYEE/RETIREES A. During the life of this Contract, the City shall pay 100% of the 1984 premium cost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder. Employees shall assume any premium rate increaye above the 1984 premium rate on a shared 50-50 basis beginning January 1, 1985 and thereafter during the life of this agreement. B. The City agrees to continue to provide to each employee covered by this Agreement the same level of health benefits as provided to them as of January 1, 1980 exeept the City shall improve said benefits according to industry standards each year and for the duration of this Agreement, C. Any dispute concerning the interpretation or application of benefits provided under the Health Insuran~e Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable item under this Agreement.) D. Retirees prior to January 1, 1980 will be provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privil gea to the Health Insurance Plan available through the City. The City will pay 50% of the coat of coverage of the conversion plan up to a maximum of $75 per month. E. In order to proaote a better underatandina of the City's procedure for resolving mployee disputes concerning the interpr tation and application of the City's health and dental insurance proaram, the foll ina procedures shall be utilized in thole instances where an e ploye f ls that th ir health or dental insurance clsia has not been processed or paid in e .. nn r consistent with ths City's inauranc plan, l. If an 1 ncorract ly the City's City Hall. ploy ls that his/her h p ld or d nted, the ploye n fit Coo rdinator in th E 2. If the dieputed claia ean not th clala will b r eubaitted to th r vi w and consid r Jon. resolved by the I Hta Coord in t r, ineurane a 1n1etrat r t r further • • • • - Page 12 3. If the ~laim can not be resolved to the satisfaction of the employee by the insurance administrator, the claim will be forwarded with all pertinent information to the City'R insurance consultant for further re- view and investigation and who shall attempt to resolve the dispute through information and mediation. 4. The written decision of City's insuranee consultant concerning claim disputes involving out-of-pocket expenaea to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by the City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision which shall be final. The coat for employing the Colorado Foundation for Medical Care shall be paid for by the City. ARTICLE 19. MILITARY LEAVE A. Any permanent or probationary employee who enliata or is inducted into the military, naval, air or other armed servicea of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whiehever oceura first, and for one (1) year thereafter. B. Any employee wh o shall be a member o f the National Guard or a ny other component of the military forcee of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a .aaber of the reeerve forces o f the United States, now or hereafter organized or conatituted under feder al l aw, shall be entitled to l eave o f absence from his employaent without loas of pay, aeniority, atatua, efficiency rating, vacation, aick leave or other benefits f or a l l the time when he ia engaged with auch organization or coaponent in training or activ aervice order d ur authorized by proper authority pureuant t o l aw, wh e t he r fo r State o r federal purpos e s , but not e xee d i ng fift e en (15) daya in any calendar ye ar. Suc h 1 av e s ha ll be allowed i n ~aa e the required mil itary a erv ice is aatiafact o r ily pe rfo rmed, which a hall be p r ea uae d un leaa th con tra r y ia establiahed . C. Sueh leav e ah a ll no t be a l lowed unleaa the employee r e turne to hie public poait ion iame d iat ely up on b in r elieved f r oa auch ailita ry a e rv ice and not l at e r t h a n the expiration of the tiae herein liaited for auch leava , unleaa he ia pr event ed f r oa ao r eturning by phyaical ur aental diaability or other caua not du e to hi e own f a ult o r i e requir ed by proper author itiea to contln in auch ailitary aervice beyond the ti her in liaited for euch leave. 0. ubj ct to provhion A, I, and C abov , the City ahall pruvid to an ployee aranted ailitary leave, leal whatever ee the ploye receiv d by th ailttar Cur auch aervice. A TlCLE 20. PUN RAL L V! The ppointtn authority tb fu ral f a abe o the ah 11 overn d by tb eire 1 av with •• t ily. Th t th c ••• b • full pay y have nd • • • • • Page 13 ex~eed seven (7) ¢alendar days. For the purposes of this settion, "employee's family" shall mean the employee's spouse, or the children, grand~hildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE 21. JURY DUTY Leave may be granted to an employee for serving on jury duty. The employee shall be entitled to the difference between his regular dompensation and the fees received for jury duty. ARTICLE 22. HOLIDAYS A. Employees covered by this Contra6t shall be a~heduled for ten (10} days off with pay at the diaeretion of the Poli&e Chief or his designee. Seheduling will be dependent on manpower needs and the Chief, with the approval of the City Manager, may pay the employee in lieu of the time off. If after the employee has beaun their holiday and the City requires the employee to work during the seheduled holiday period, the employee shall be tompensated as follows: 1. The employee shall be paid for all hours worked at the overtime rate. 2. The employee shall not be dharged with holiday time for the numb r of hours worked. B. Employees assigned to the lnvesti&ations Division shall be allowed the reau larly observed Cit y holidays and may be allowed a floatina holiday option. They aay be allowed to exchange any of the below listed holidays for any other day in the year he/she is nor .. lly scheduled to work. Sohedulin& will be made with the approval of the Police Chief or his desi&nee. Holidays wh16h .. y be exehanaed are t he followina: Washington's Birthday Veteran's Day Friday after Thankag ivina Chriat .. a Eve or New Year's Eve This provision shall also apply to Police Offieera raaularly aaa1 ned to spatial duty by the Cbiaf of Poliea. AlTlCl.l 23. U trORM CL!ANI C ALL AN A. City shall furnish, or bear the eoat 1 r, in 1 nta , ahoaa and elothln , required whil coats of int nanee, repair and eleanin th reof. All e the non-un1fur• division f a p r1 d of thirty (30) day requir d to in unifora durin vork, a all r taiva a of $40. Th City ahall pruvld the taary 1 antn raapoaaible for all loat or atol n it .. id ntifiad a a re ult of 11 ne or d 11 • • • • ,. • Page 14 B. The City will reimburse an employee 50% of the cost for the purchase of a bullet proof ves"t (flack jacket) up to a maximum of $125,00, Reimbursement shall only be made once every five (5) years and the employee must retain possession of the jacket during the five (5) year period. ARTICLE 24. LEAVES OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees covered by this Contract may be granted a leave of absenee without pay for reasons of education whieh ia 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 elsewhere . Leave without pay shall not exceed six (6) 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 employee will be reQtored to their former position if available or to a position comparable for which the employee is qualified. During periods 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 employee to the Police 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 The Police Chief may grant or deny leave requests, taking into consideration the department's work force, work load and the employee's request. Failure to Return If an employee fail1 to return by the date of leave expiration, the employee 1hall be conlidered to have voluntarily resigned from the service of the City, unles1 the appointing authority determines that unusual circumstances exi1t. ARTICLE 25. GRIEVANCE PROCEDURE A grievance i1 defined a1 an alleged violation of a specific provi1ion of this Contract. The mployes and the A11ociation 1hall be required to follow the procedure as 1st out 1 If the eaployee/AIIoc1at1on 11 unabl to little th grievanc or di1pute orally and 1nfor .. lly thro h hi1/her i .. diate 1upervieor within five (5) work day1 of the date of the occurrence of the arievane , or the mpluy '• knowled 1 ot it, the employee y within the aucee dina tive (5) work day1 file s written arievane with his/her sup rvisor. The eupervisor shall attempt to adjuat th tter nd ahall r apond in wr1t1na to th ploys within f1v (5) work daya • • I • • • - Page 15 If the grievance still remains unadjusted, it shall be presented by the employee to the Police Chief in writing within five (5) work days following receipt of the supervisor's response. The Police Chief shall respond in writ i ng within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the Police Chief's response. The City Manager or his/her designated representative shall respond in writing within ten (10) work days, If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative, may by written notice request the matter be heard by the Career Service Board, The Career Serviee Board or ita designated hearing officer shall be requested to issue a decision within thirty (30) days after toncluaion of testimony and argument. Each party shall be responsible for compensation to ita own repre- sentatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes eopiea available without charge to the other party and to the Career Service Board or ita designated hearing officer, Failure by an employee or the Association to comply with any time limitation shall constitute a settle- ment of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board The Career Service Board or its designated officer ahall have no power to add to or subtract from or change the terms of this Contract. The written decision of the Board or ita deeignated hearina officer shall be final and bindina upon the parties, The Board or ita deaianated hearing officer shall liait ita decision etrictly to the grievance aubaitted which baa been properly proc aaed through the grievance procedure outlined, Proteaaing Grievance During Working Houra Crievancea aay be investigated and proceaaed by the employee during working hours within reasonable ti liaita without loaa of pay provided n tica ia given and the work load peraita. AlTICL! 26. DUE DEDUCTIO. A. The City aar ea to deduct tha Aaeociation duea onea each pay p riod froa the pay uf those aaploy a who individually requeet in writln th t aueh deduction• ba de, eubj ct to the aarniahaent lawe of the Stat of Colorado. The ••ounta to ba deducted shall be certified to tha City Finane Dlroetor by the Traaturar of th Aaeociation, and the aa&reaata deduction o all e ployeea I • • • - Page 16 shall be remitted .together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authoriza- tion shall be revokable during the term of the Contract, upo n a thirty (30) day written notice by the employee to the City Finance Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Asaociation of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. The Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City a~ a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two {2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Aasoeiation shall be responsible for that coat of such change or ehanges, at $30 per hour with a four {4) hours aaximum. Payment from the Association ahall be made to the City Finance Direetor within ten (10) days of reeeipt of billing. ARTICLE 27. ASSOCIATION ACTIVITIES The City agrees that during working houra on the City preaiaea and without loaa of pay, Aaaociation repreaentativea may be allowed to: attend Allociation- management meetinga; attend negotiation aeaaiona; poat Aaaociation noticea un City designated bulletin boards; solicit Association aeaberahip1 during eaploye '• non-work time; and represent employee& on grievancea. ARTICLE 28. RULES AND RECULATIO S E~ept aa limited by the expreaa teraa of thia Contract, the City r taina the riaht to pro.ulaate reaaonable rule•, regulation&, polieiea, proeaduraa and directives. Said rulea, reaulationl, puliciaa, and proeadurea nd dir etiv wbieh are an ella ed violation of thia Contraet 1hall be aubj et to the ariavane procedure. ARTICL! 29. MERIT INCR!AS!S The w ae inerea1ea provided for Poltea Of!iear 4th Cl a throu h 1 t Cla 1ball not ba eonaidered auto .. tie, bu rather baaed upon .. ritorioua 1arvie Said .. rit ineraa1e .. y be aranted or dented to any individual Polie Offie r • I • • • • .. - · Page 17 upon recommendati~n of the Police Chief and with the approval of the City Manager upon written notice to such individual Police Officer. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICL E 30. DUTY TO TESTIFY Should any employee be required to testify before any court or departmental administrative hearing as a result of his or her official duties with the City, the time spent by such employee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, he or ehe shall be paid a minimum of two (2) hours at the overtime rate. The employee shall pay to the City all witness fees, and other compeneation paid to the employee in conjunction with eo testifying exeluding mileage fees. An employee who is called for witness duty ehall present to their supervisor the original summon• or eubpoena from the court or at the conclusion of sueh duty, shall provide a eigned etatement from the clerk of the court, ur uther evidence indicating the amount of time his/her person wae required. When he is subpoenaed as a witnees in private litigation to testify, not in his official capacity but as an individual, the time abeent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE 31. ACTING PAY A. All acting positions will be compensated at 100% of the pay for the position in which he is aeting ae approved by the Chief of Polite. The employee muet be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting poeition compensation. Such pay will be retroactive to the firat day of said employee asauaes the responsi- bilities of the position. ARTICLE 32. BASE SALARY For the purpoee of determining an employee• baee wage, the employees r gular straiaht time wage rate and lonaevity shall be uaed, excluding all other forma of employee compeneation. (The above provision shall be used only for the purpoee of determining pension benefits under the City and State pension plan.) ARTICLE 33. IETIIEH!NT BENEFITS a.tire .. nt benefit• ehall be provided for aa stipulated under State Statute. ln addition, the City ehall continu to provide the aam level of benefit• ae provided for in the In 1 od Kunieipal Coda. !apluyea contributions will not be increased above the 5% to employ a hired prior to April 8, 1978 and 8% for mployeaa hired after April 8, 1978 contribution levels unlaae required by State Statute, • • • • • - Page 18 ARTICLE 34. TUIT~ON REFUND Upon recommendation of the Police Chief and after prior approval of the City Manager, the City of Englewood shall reimburse a permanent, full-time police officer upon successful completion of an approved ~ourse or courses in education or vocational training at the public in~titution rate. The course or training must be related to the work and be designed to improve competence in the job, and be of value to the police officer's service to the City. This shall include all tuition, and required texts. ARTICLE 35. BIDDING PROCEDURES FOR HOLIDAYS, VACATIONS AND SHIFT ASSIGNMENT A. Seniority applicable to the seniority bid process will be determined in accordance with the total length of eontinuoua employment as a Police Officer with the City of Englewood. Prior City employment in other than a Police Officer capacity will not apply toward seniority. Probationary employees will not be included in the bid process. Sergeants' seniority will be determined by their last promotion date and not total time as a Poli~e Officer. Only the time as a Sergeant since his most recent promotion will be applied toward seniority for bid procedure. Bidding for Watehes and Days Off B. The seniority bid system will be applicable to personnel assigned to the uniformed patrol division only, and will not be authorized in any other diviaion. The uniformed patrol division commander will develop and post a schedule prio r to eaeh year for a six-month period starting November 1 and ending April 30. The uniformed patrol division commander will develop and post a aeeond schedule prior to May 1 eaeh year for a six-month period starting May and endin& Oetober 31. The patrolmen in the uniformed division will bid twiee a year. Eaeh bid pro~••• will eonaiat of two (2) three {3) month intervals. The first bid eaeh year will be for November 1 through January 31 and February 1 through April 30. The aeeond bid each year will be for May 1 through July 31 and August 1 through Oc tober 31. There will be ten biddable positions on eaeh wateh . The bidding proeeaa will b &in with the aoat senior police officer biddina the position of his ehoiee, In the deaeendina order of seniority aaeh r e .. ining officer wi ll h ve a ehoie of the r aainina biddable poaitiuna. All ap elali ed poaiti ns aueh aa • toreyele officer, erim pr vention offie r, • un d patrol officer, te. 111 not b op n to bid. The epeeialized aeei nmente alona with any n bid pueitlun un e wateh will b ln addition to th t n bldd bl pu itluna n e eh teh , Offie r aay requ et non-biddable poeitlone end an to aeco..ud t th , but euch pulltiun will b auian d t p rul d1vie1 eo nd r. • tt mpt will be d t th dl cre~iun ul I • • • • • · Page 19 If an office~ fails to submit their bid in accordance with the bidding procedure they will relinquish their opportunity to bid by seniority and will be assigned at the discretion of the patrol division commander. The sergeants in the patrol division will bid by seniority in the following manner: There will be one-biddable position on each wateh established by the patrol division commander. The sergeants in the patrol division will bid the remaining biddable position from the most senior sergeant on down. Sergeants may request non-biddable positions and an attempt will be made to accommodate them, but such positions will be assigned at the dis~retion of the patrol division commander. Sergeants will follow the same bid schedule process as patrol officers. The sergeants will bid two (2) three (3) -onth watches at a time. Sergeants must change shifts at least onee for a three (3) aonth period per calendar year. Officers or sergeants assigned to other divisions and who are reassigned tu the patrol division will occupy the position vacated by the person they are replacing. If other positions are available, they aay request assiga.ent to such position, but may only be assigned at the discretion of the patrol division commander. These personnel will then be allowed their seniority for bid at the next bid process. It is further understood that a sehedule change for unforeseen eaergency circumstances arise, officers and sergeants aay be assigned by the patrol division commander from one shift to the other to handle whatever eaergency situation exists during the duration of the eaergency. The officers or sergeants in descending order of seniority will be asked if they want the assignaent change from their assigned watch during the duration of the eaergeney. If it is necessary to assign officers or sergeants after this procedure has been done, the least senior offieer on the watch vill be selected first to change assign- menta by the patrol division eo..ander. This proeess vill continue until the division commander has met the needs of the eaergency situation. c. Biddina for Vaeationa and Holidays Vacations vill be bid by seniority. Vacations will be bid by seniority only one time during the year Noveaber 1 through October 31. An officer or aeraeant will bid for vacation according to the bidding schedule. He will be able to bid during the first six (6) aonth bid procesa November through April 30 or the second six (6) aonth bid proeesa Kay 1 through October 31. Vacations other than his seniority bid vacation will be on first- requeated basia. All vacation requ eta will be ai&nad and dated by the reeeivina auperviaor on the data of receipt. Any vacation requeated after the bid proee11 eloael will be on a firat-requeated basil. Vacations are expected to be scheduled in aood faith by thall apeei!y the exact datea detired. • eh eapluy and I • • • • - Page 20 In the unifor.med patrol division not more than four officers or one sergeant per watch will be scheduled for va~ation or holiday leave at the same time, unless approved by the patrol division commander. Not more than two officers or one sergeant within other divisions will be scheduled for vacation at any one time unless approved by their division commander. Vacations within the investigations and administration division will be s~h~duled by their division commander according to seniority. Holidays will be bid after all vacations have been bid by seniority with vacations taking precedent over holidays. The bid time for holidays is the same as vacations according to bid s~hedule except that any holidays not s~heduled or used by August 1 of that year will be assigned. The schedule process for bidding will be as follows. The bidding process will take place in O~tober for November 1 through April 30 and April for Hay 1 through October 31. Holidays will then be bid. Watches and days off will be bid first along with a seniority preference for vacation if so desired. Holidays will then be bid by seniority. More than one holidays at a time may be taken as long as the requirement of four per wat~h is met. For the purposes of this arti~le, employees who are rehired shall accrue seniority from the date of their reemployment. ARTICLE 36. LETTER OF CORRECTIVE ACTION A. Oral Corrective Action, Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation, When an oral corrective action is given, the superviaor should enaure that the employee's departmental p rsonnel file is documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the employee's departmental file. B. Written Corrective Action, When the auperviaor determines that a written corr ctive action is appropriate and necessary, the corrective action shall b addresaed to the employ e and shall include the violation; the ap cifie behavior and the dates of the behavior (when appropriat ) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of aaailtance in correct ln& the behavior. A ai&nad copy of the correetive action by the supervisor shall be included in tha ployea'a official peraonn 1 fila in the !aployea R lations Office, nd the ploya shall have the opportunity to aubait writt n co .. nts in response to the corrective action to be included in the file. Aft r a period of on (I) year froa th date of th filin& or th written corrective action, th sup rvlsor shall revi w said letter and provide a follow-up lett r indicatin& tha atatu f the written corrective action. • I • • • • - • Page 21 C. The emp~oyee retains the right to request an administrative review of the written corrective action. The Chief of Poliee shall develop this adminis- trative review procedure which shall at a minimum consist of a board with equal representation of command staff to be selected by the Poliee Chief, and Association members to be selected by the employee. This board shall be advisory to the Chief of Police, and its findings shall . be placed in the employee's personnel file. This Article shall not be grievable under this Contract. If this procedure is not observed, at the request of the Aasoeiation a meeting may be held between the Department, the City Manager's Office and the Aasoeiation to address the issue. ARTICLE 37. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the terms and provisions herein contained eonstitute the entire Aareeaent between the parties and supercede all previous communications, representations or agraa .. nts, either verbal or written, between the parties with respect to the subject aatter herein. The City and the Association agree that all negotiable it ... have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any itea during the life of this Agreement except by mutual agreement of the parties. In Witness Whereof, the parties have eauaed this Contract to be signed by their respective representatives, and their signatures place thereon, on this day of July, 1983 at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD POLICE BENEFIT ASSOCIATION ' 1:~«/4/4:£</ffl=t' 7'~/-y;> • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~----- A BILL FOR COUNCIL BILL NO. 43 INTRODUC}j BY COUNCIL MEMBEtQ_. i§ra //1,(-c..le.J AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31 , 1985. WHEREAS, a tentative agreement dated July 22 , 1983 by and between the City of Englewood and the Englewood Police Benefit Association has been executed by representatives of each of the said parties; and WHEREAS, said tentative agreement was duly ratified by a majority of the members of the Englewood Police Benefit Association; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the tentative agreement dated July 22, 1983 by and between the City of Englewood, Colorado, and the Englewood Police Benefit Association, effective January 1, 1984 through December 31, 1985, a copy of which is attach d hereto and made a part hereof, be and the same is hereby approved. Section 2 . That the Mayor of the City of Englewood is h r by authorized and directed to xecut the Coll c ive Bargaining Agreement between the City of Engle wo od and the Englewood Polic B nefit Association dat d July 22 , 1983, and he Dir ctor of Finance, ex officio Ci y Cl rk Treasurer, shall at es th same . Section 3. A copy of said of Fin nee, ex o( icio Ci y as follo s: Said •M mor ndu Engh od Agree nt 19 s. is on f l e asur r, a su • th Dir ctor hich is T • • • .. salary, retirement ben efits , tuition refund, bidding procedure for holidays, vacation and shift a ssig nment, letter of warning, and the exclusive of agreement protection is provided for in the Agreement. Longevity compensation, promotion, annual leave, personal leave, life insurance, dental insurance, health insurance, and holidays are provided for in the Agreement. Compensation is provided for at the rate of 5.75% effective January 1, 1984. The foregoing is only a summary of the Agreement and is not intended to modify, define or interpret any of the provisions of said Agreement, the Agreement being of full force and effect and adopted hereby. Introduced, read in full, and pa ssed on fi r s t reading on the 1st day of August, 1983 . 1983. Published as a Bill for an Or dinance on the 3 rd day of August, Atte st: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engle wood , Colorado , hereby c rtify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced , read in full, and pass d on first reading on th 1st day of Augu t, 1983. 2 I . • • - CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood, Colorado and the Englewood Polite Benefit Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establ ishmen t of rates of pay and hours of work, and other conditions of employaent. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Dete rmine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operationa. C. To determine the servicea to be rendered, the operationa to b performed, the technology to be utilized, or the .. tters to b budgeted. D. To determine the overall methods, processes, meana, job classifica- tions or personnel by which City operation& are to be conducted. E. To dir c t, supervise, hire, promote, transfer, assign, schedule, retain or lay-of f aployees. F. To auspend , discipline, discharge, and d mote for cau e, all full- tim perwanent clasai!ied mployeea. C. To relieve from dutiea because of lack of work or funda, or under conditi n h re the City deten.ines continu d ork ould b in fict nt or nunproductlv R. To tak atev r vth r actions .. y be n cessary to carry out the wish s uf th public nut otherwise sp clfied h rein or liait d by a collective b r ainin aare nt. 1. ees all actions to carry out the aission o! the City ln I • • • • .. .. Page 2 J. Nothing .contained herein shall preclude the City from conferring with its employees for purpose of developing policies to effectuate or implement any of the above enumerated rights. ARTICLE 1. DURATION OF AGREEMENT A. This Contract shall take effect on January 1, 1984 and shall continue in force to and including December 31, 1985. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future statutory or case law of the Stat e o f Colorado. E. The parties acknowledge that dur i ng negotiati ons which resulted i n this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meet and confer discussions and that the und e rstandi ngs and agreements a rrived at by the parties after this exercise of that r i ght and o pportunity are set forth in this Contract. All benef i ts agreed to in previous Memorandums of Under s tanding and not addressed in this Contract will cont i nue . ARTICLE 2. RECOGNITION Th e Ci ty recognizes t he Englewoo d Polic e Be nefit As sociat ion a s t h e mploy o rganizat ion certi fied by the C r ee r Se rvi c e Boa r d o f the Ci t y of Engle wo od as t h e exc l uaiv r ep r esent t ive for the Police mploye a wi t hin the following b argain i ng uni t : lnclud d: All full-tim , classified sworn police offic ra of the City Pollee Oeparta nt. Excluded: All othera who may be d t rained by the Care r S rvice Board. ARTICLE 3. EMPLOYE! RIGHT A full-tia claaatfied mployea whu ia not a confid ntial employ , a mana a erial employe , ur a auperviaor ahall h a ve the r i htr • • • • .. Page 3 A. To form; join, support or partitipate in, or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities; and B. Bargain ~ollectively through their certified employee representative. C. No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to dis6uss employment concerns with the City be infringed upon. ARTICLE 4. HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transaetion of their respe~tive services. Su~h have been determined for emergency e mployees as follows: A. All employees eovered by this Contract shall be stheduled at least an average of forty (40) hours work per week in seven (7) day cycles. The work week shall consist of five (5) eight (8) hour shifts, four (4) ten (10) hour shifts, or other work schedules as determined by the Police Chief with approval of the City Manager. Lunch and other breaks will be scheduled at the discretion of the Po l ite Chief during the work sche dule. B. The past pract i ces eoneerning h ours of work, s6heduling, roll call, rest breaks and meal period will continue during the life of this Agreement. ARTICLE 5. LAYOFF Whenever there is lack of work, l ack of f unds, or under conditions wher e the Cit y de t e rm i ne s cont inued wor k would b ine ffit ient or nonproduct i ve , the appoint ing a uth or i ty sha ll de s i nate t he pos i tions in which the layoff is to be mad e . Th e o rde r of layoff shall b the qua l ity a nd 1 ngt h o f ae r vie employ e s who h a ve not yet ach i ev first, r e gardles as at r 1 all n t o nt in r aoy City to aeer s rv1c or dlt, 1 1 din it durtna lay basis of are as. An y laid off nlurlty, d • • • • Page 4 ARTICLE 6. OVERT~ME WORK A. For all employees covered by this Contract except Sergeants, duties performed over and above the assigned work s~hedule shall be considered overtime. Overtime shall not be ~omputed nor compensation pay allotted on previously accrued overtime. Sergeants shall receive overtime only for court, staff and administrative meetings when required by a superior. This will also include assigned training and assigned overtime. B. All personnel, as defined in this Article, shall be Oompensated for overtime work at the rate of one and one-half (1 l/2) times the normal pay rate, C. The City retains the right to assign overtime work to any employee qualified to perform the work. Overtime work will be offered on a voluntary basis first, If the required number of employees ne~essary to perform the overtime work can not be found, employees shall be assigned and obligated to work su~h overtime. ARTICLE 7, COMPENSATION A. Effective January 1, 1984, employees covered by this Contract shall receive a 5.75% wage in6rease on their base wage, B, The parties agree to reopen negotiations based only upon wages fo r the year 1985 with a guaranteed minimum of 4%. These negotiation• shall commence on September 1, 1984 and eon~lude on or before 06tober 1, 1984, ARTICL E 8. CALL BACK An eaployee on off-duty status who is called ba~k to duty shall be credited with a ainimua of two (2) houra of pay at the rate of one and one-half (1 1/2} tia 1 the re ular hourly rate, Call back ahall inolud other duty relat d functiona auoh aa ataff and adminiatrative aeetinga, training, platol ranae, aonthly qualifitatlona, ete, ARTICLE 9. STANDBY An loyee aaaian d to atandby duty shall b eredited with ei&ht (8) atrataht tia h ura of pay for ch full week of atandby duty, Dete~tlv covered by thia are nt ah 11 ret tv ei ht (8) houra uf t .. and on -half for ch full t 1 ndby du y, TICI. 10. a all b 11 ibl tnuu a rvlt y r uf rvt 0 0 • • • - Page 5 Years of Service Amount of Compensation 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. 10-14 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after Completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 uf any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December 1. 20 or more $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 ~ontinuoua service up to December 1. ARTICLE 11. PROBATIONARY EMPLOYEES A. The probationary period for all newly appointed Police employees ahall not be leas than twelve (12) months from the date of hir • After completion of the probationary p riod, the employe ahall be eligible for permanent atatua. B. A promut d employe cov red by this Contract sh 11 aerve tw lv (12) month probationary period in a new poaition. After completion of aix (6) montha in the new poaition, the Chi f at hie diacretion may r commend permanent atatua to the appointina authority. Should the appointin authority approve perm.n nt atatua for the mploy e at the expiration of the probationary period, the employ e shall be conaid r d to have p rman nt status. C. Any perman nt ploye covered to a n w position in the Car er as 1 t out abov in any Pul1tion peraan nt 1tatu1 in h1a pr viou bac the appuinttn D. ploye rehir d 1 prov1d d o d ltrattva proc dural with ltll than on all b lubj et to 1 prob tion ry p rlod. o th appointina authority • y • dt y ad t City' in- ration froa th Clty rt t h d ith th pruv J probati nary p ri d. • • • • • Page 6 ARTICLE 12. ANNUAL LEAVE A. Employees hired prior to December 31, 1983 and covered by this agree- ment shall accumulate annual leave monthly at the following rates. Length of Service 0-9 10 and above Hours £er Month 10 13.33 Hours per Year 120 160 The maximum accumulation of annual leave shall be as follows: Length of Service 0-9 10 and above 240 320 Employees hired January 1, 1984 and thereafter shall accumulate annual leave at the following rates. Length Hours Hours of Service per Month per Year 0-4 8 96 5-9 10 120 10 and above 13.33 160 The maximum accumulation of annual leave shall be as follows: Length of Service 0-4 5-9 10 and above 192 240 320 B. Annual leav shall not b granted to any ployee until after completion of twelve (12) ~onths cons cutiva service with the City unleaa otherwiae authorized by the Chief. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (1/2) of the working days of that •onth excluding authoriz d paid leave. c. after 1 ave taken at a t1 ahall not loaa th pluye h and ha be n 1 ave ahall n 1thar b authorized n r co puted for any purp accu.ulatton ha1 been r aeh d. Th 1ehedul for u o annual ter•in d by th n da of th d part• nt. Annual 1 ave 1 all b cunv nient to and approved by the Polie Chief. Eaploy • ceumulated annu 1 1 ave after the xi u ha• bean r ach d lf r qu at d uae or annu 1 leave prior tu xt ni d uaa ot annual 1 ave. The rate t a nual l av pay h urly rate of pay t r th •ploy 1 r ular atra1 ti d on a r in hour I • • • • basis, excluding r.egular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the Police Chief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start uf their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall be compensated as follows: A. The employee shall be paid for all houra worked at the overtime rate. B. The employee shall not be charged with vacation time for the number of hours worked. Minimum Usage There shall be a one-week minimum on use of annual leave time, unless otherwiae authorized by the Police Chief or hia deeignated repreaentative. Annual Leave Pay Upon Separation Any employee who ia aeperated from the aervice of the City, i .e. retireaent, termination or layoff, ahall be compensated for the unused annual leave time accumulated at the time of sepa ration. In the caae uf voluntary aeparation, the employee shall be required to give two (2} weeka notice to the City. How O!arged Annual leave for emp loy ea ehall be charged on a working hour baaie excluding regular daya off. ARTIC LE 13 . PElSO Al LEAVE 1nnina January 1, 19 4, all e ployeea cover d by thie agree nt on an e i cht (8} hour ah1ft 1 all be aranted 48 peraonal 1 ave hou ra with pay and tho e on a t n (10) b ur hift ahall be &ranted SO peraona l leave houra with pay which an loy e ia an itled to e for the follo win& purpo ea: A. T1 1 at a 1-dtate f Uy. •• tend p rau c. Letaure t1 r ult of illn a/injury to th IIJ)loy or th loy '• •• • • • • .. Page 8 For any employee who has not used the 48 or SO personal leave hours ending November 31, of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid during the month of December of that year. Personal leave time shall not exceed the 48 or SO hours as designated above nor shall it be accumulated or carried over from une year to the next. Personal leave shall be scheduled and administered under the direction of the Police Chief for personal business and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other person designated by the supervisor at least one (1) huur prior to their scheduled reporting time. ARTICLE 14. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for nun-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision January 1, 1984, the City agrees to provide temporary disability leave with pay for employees abaent as a result of illnesa/injury at the rate of 100% of the employee's regular wage up to 120 calendar daya of disability. Temporary diaability leave ahall not be accumulative exeept that on January 1 of each year the City ahall restore 100% of the number of daya used by an employee during the preceeding year up to a maximum of 60 daya. For the employeea hired after January I, 1984, and thereafter, and covered by the terms of thia agreement, the City agreea to provide aaid eaployeea 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 employ s hired after January l, 198 , and ther after, temporary dis- ability leave shall not be accumulative except that on January 1 o ch y ar the City shall restore 100% of the number of days used by an loy durin the preceedina year as follows: Uttliaati n 0-4 year 5-9 years 10+ y ars up to a .. xlaua of d ys up to a .. xi~ of 5 days up to a aaxl f 60 day A. Authoriz tlon f r t orary ditab1lity laav with p y thall arant d • ter the first d y of disability. ly • • • • · Page 9 B. Authoril,ation for temporary disability sha ll only be granted for the following reasons: 1. Personal illness or injury not service connected, including maternity, Sick Leave Option 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 120 days 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 aceumulated under the previous plan upon normal or disability retirement from the City at the rate of one hours pay for each two hours of accrued sick leave or one hours pay fur each fvur hours upon separation from the City. C. By cashing in accrued sick leave under the previous plan, once eaeh year at the conversion rate of four (4) hours siek leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The employe or a member of the employee's household shall notify the employe 's supervisor at least 30 minutes prior to the employee's acheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginnin of the employee's work schedule unless circumstances beyond the control of th empluyee would nut permit . Verification of Disability If the Police Chief requires a phy1ician's state n of disability, th City shall bear the cost of 1uch phy1ician 1 s statement. Abuse uf Teapvrary DisabilltL Abus e of te•porary diaability oceura when an eaployee aisrepresents th actual rea1on for requ sting teaporary disability or en an eaployee use• t porary disability leav for unauthorized purpo1e1. An aployee who .. k 1 a fal1e elaia for teaporary diBability leave 1hall b eubj ct tu dilelplinary action. AlTtCL I,, O.•TH ·JOI I JUlY-DI AJILlTY A, hteh eau e1 any luye to be abeent frva injury, th Ctty 1hall pay tu euch •pluye hie ull wa s ne fru or up to and 1nelud1n th 90th cal nd r r e tv d by th loy a die btllty The City r 1erv rt t to requtr ny tu lubait tu an ln tlvn(l) by City- or und r th pruv111un n' 1 pruvld d u der tut , • • • • - Page 10 B. All inju.ries that occur during working hours shall be reported t u the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE 16. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this Contract of $20,000 for each employee. A converston privilege upon retire- ment of 50% coverage payable by the employee will be made available by the City for said retired employee. ARTICLE 17. DENTAL INSURANCE During the life o f the Co ntract, the City shall pay 100% of the p r emi um cost for the City Dental Insurance Plan or other plan which may be selected by the City as a substitute f or the City Dental Plan for each single and dependent policy holder. Employees shall assume any premium rate increase during the life of this Contract in excess of $35 per month. A. The City agrees to continue to provi de each employee covered by this Con tract the same level of dental benefits as provided to them as of January 1 , 1980, except the City shall improve said benefits according to industry stand rds each year and for the duration of this Contract . B. Any dispute concerning the interpretation or application of benefita under the Dental Plan shall be subject to the dispute resolution procedure only . (It is expressly understood that this Art icle is a non-grievable item under this Contract.) c . In order to pro te a bett r understanding of the Ci ty's procedure for reaolvin ploy e d aput cone ruin the inte rpre tation and application of the City'a health and d ntal insurene program , the following proeedur a ahall be utiliz d in thoae 1nstanc s r an mployee f ela that their health or dental inauranc elai• haa not en proc 11 d or paid in a mann r eonsiatent with the City'a inaurane plan. 1. lf an employee feela that hia/her health or d ntal elat• haa been incorrectly paid or d nied, the •ploy ahall ftrat contact and 1nfor• the City'a Ben tit Coordinator in the ! ploy a Relations Depart• nt at City Hall. 2. It th dlap t d cl 1• c n nv r: ol v d by th Benefit a Coordinator, tha clat• vtll ba r u mitt d to tha tnauranc tnlatrator fur futher rtvi and onaideratlon. ) I • • • - · Page 11 4. The writ.ten decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by City's insurance consultant to the satisfaction of the employee shall be forwarded to the Coloradu Foundation for Medical Care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision which shall be final. The cost for employing the Colorado Foundation for Medical Care shall be paid for by the City. ARTICLE 18. HEALTH INSURANCE -EMPLOYEE/RETIREES A. During the life of this Contract, the City shall pay 100% of the 1984 premium eost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for eaeh single and dependent pulley hulder. Employees shall assume any premium rate increaye above the 1984 premium rate on a shared so-so basis beginning January 1, 1985 and thereafter during the life of this agreement. B. The City agrees to continue to provide to each employee covered by this Agreement the aame level of health benefits as provided to them as of January 1, 1980 except the City shall improve aaid benefita according to industry standards each year and for the duration uf thia Agreement. C. Any dispute concerning the interpretation or application of benefits provided under the Health Inaurance Plan ahall be subject to the diapute reaolution procedure only. (It ia expreaaly underatood that thia Article ia a non-grievable itea under this Agreement.) D. Retirees prior to January 1, 1980 will be provided health inaurance covereae by the City on a non-participatina baaia. The coveraae will coordinate with Medicaid end Medicare wherever applicable. Future retir ea will be guarant ed conversion privileges to the Health lnaurance Plan available throu h the City. The City will pay SO% of the coat of coverage of th converaion plan up to a aaxia of $75 per month. E. In order to promote a better underatandina of the City's proc dura for reaolvina ployee di1pute1 concerning the interpretation and application of the City'• h alth and dental in1urance proaraa, the foll ina proc dura• shall ba ut Uh:ed in tho 1natancea where an employe f ela that thai r h alth or dental inaurance clala ha• not been proce11ed or paid in a manner consistent with the City's in1urance plan. 1. If an employe f ele thet hie/her h alth or d ntal cle1• 1 be n incorr ctly paid or denied, the aploye ehall first contact and infor• the City'a nefit Coordinator in the loy 1 tione Depart nt at City Hall. 2. lf the di1puted elaia ean n t reeolved by th n fits Coordine or, th claia will b reaubaitted to the inaurane a iniltrator r r furth r r vi w nd conaid ration. • • • • .. Page 12 3. If the ~laim can not be resolved to the satisfaction of the emp l uyee by the insurance administrator, the claim will be forwarded with a l l pert i nent information to the City'R insurance consul tant for further r e- vi ew and i nvestigation and who shall attempt to resolve the disput e th r o ug h i nformation and mediation. 4. The written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of more than $50 unless resolved by the City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision which shall be final. The cost for employing the Colorado Foundation for Medical Care shall be paid for by the City. ARTIC LE 19. MILITARY LEAV E A. Any permanent or probationary employee who enlists or is inducted i nt o the military, naval, air or other armed services o f the Uni ted States in time of war shall be entitled t o a lea ve o f abs ence wi t h out pay fo r t he du rat ion of such war or unt il h onorably discharged, whi ehever occurs first, and for one {1) year the r e a f t er. B. Any employee who shall be a member of the National Cuard o r any ot her c ompo ne nt of t he military fo rcea of the State, ~ov or hereafter o rgan i zed or c onst i tuted under the State or federal law, or who shall be a ~a be r of the re se r ve fo rces of the Uni t ed States, now or hereafter organized or constituted und e r federal law, shall be entitled to leave of ab1snce from his aploya nt witho ut loss of pay, senior i t y , stat us, efficiency r a t ing, va cation, sick laava or other benefits for all the time when he is engaged With such orga nization or co onent in training or active s rvtce ordered or authorized by proper authority pursuant to law, whether for State or fed ral purposes, but not exee ding fifteen (1~) days in any calendar year. Such leave shall be allowed in ~ase th requir d military 1 rvtce is satisfactorily perforaed, which shall be pres d unle 1 the contrary is e tablilhed. c. Such leave shall not be allow d unless the employ return• to hi1 public polition immediately upon being relieved froa such ailitary service and not later than the expiration of the time herein liaited for such leave, unles1 he is prevented from 10 returning by phylical or aental dtlability or other cau1e not due to hie own fault or is required by proper author1t1al to continue in such ailitary 1erviea beyond the tim herein liaited for such leave. O, Subj et t provision A, B, end C above, th City h 11 prov1d to an ployee ranted ailitary leave, 1 11 whatever we a th1 • ploy received by the military f r such 1erviee. full pay .. y have ARTICL 20. PU RAL L V! u1nttn auth rtty ah 11 gran ot a aeabtr of th• loy 'a d by th eire t nc a t ploy o tt n~ deya rent d nt ehell th y • I • • • • Page 13 ex~eed seven (7) ~alendar days. For the purposes of this section, "employee's family" shall mean the employee's spouse, or the children, grandl!hildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE 21. JURY DUTY Leave may be granted to an employee for serving on jury duty. The employee shall be entitled to the difference between his regular compensation and the fees received for jury duty. ARTICLE 22. HOLIDAYS A. Employees covered by this Contract shall be scheduled for ten (10) days off with pay at the disaretion of the Poliae Chief or his designee. Sl!heduling will be dependent on manpower needs and the Chief, with the approval of the City Manager, may pay the employee in lieu of the time off. If after the employee has begun their holiday and the City requires the employee to work during the scheduled holiday period, the employee shall be compensated as follows: 1. The employee shall be paid for all hours worked at the overtime rate. 2 . The employee shall not be charged with holiday time for the number of hours worked, B. Employees assigned to the Investigations Division shall be allowed the regularly observed City holidays and aay be allowed a floating holiday option. They may be allowed to exchange any of the below listed holidays for any other day in the year he/ahe is normally acheduled to work. Scheduling will be made with the approval of the Polioe Chief or hia designee. Holidays which may be exchanged are the following: Waahington'a Birthday Veteran's Day Friday after Tbankaaiving Chriltaaa ve or w Year'a Eve This proviaion ahall also apply to Police Officers r gularly assigned to special duty by the Chief of Polite. AllTICLI 23. U lFORH Cl. A. Tb of unifor , inoludtna leather 1 ar, in on du y, nd ah 11 pay all costa of .. tnt nane , r pair and cl antna thereof. All e.ploya 1 assign d to th n n-unifora divi1i for a p r1 d of thirty (30) days or .ura and no requtr d to in unlfora durt rk, lhall r ¢eive • nthly 6lothin all nt of $40. Th City all provt c ary 1 nina. Th 1uy e ah 11 r poaatble t r ell 1 It or at ntif1ed above or d • to aa aa a r lult f II &11 r 11 • I • • • • - Page 14 B. The City will reimburse an employee 50% of the cost for the purchase of a bullet proof ves't (flack jacket) up to a maximum of $125.00. Reimbursement shall only be made once every five (5) years and the employee must retain possession of the jacket during the five (5) year period, ARTICLE 24, LEAVES OF ABSENCE {WITHOUT PAY) Eligibility Permanent employees eovered by this Contract may be granted a leave of absenee without pay for reasons of education whieh 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 elsewhere. Leave without pay shall not exceed six {6) 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 employee will be reYtorcd to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to aecrue 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 employee to the Police 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 The Police Chief may grant or deny leave r quests, taking into consideration the department's work force, work load and the employee's request, Failure to Return If an employee faile to return by the data of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City, unlees the appointing authority d t rain s that unusual circumstances exist. ARTICLE 25, GRIEVANCE PROCEDURE A ariavance is dsfined as an alle ed violation of a specific provision of this Contract, The employee and the Alaociation shall b required to follow the procedure aa sat out b lo • If the ••ployae/Aaeociatlon 1e unable to a ttl th gri vance or diaput orally and 1nfor lly through hia/h r 1 .. diate auparviaor within fiva (5) work daya of the data of the occurrence u! th artavane , or the mpluya '• knuwladaa of it, the •Ployee aay within th euce din five (5) work daye file e written &rievane with hie/her aup rvieor. The eup rviaor ahall tt pt to adju t th .. tter and ahall r epond in writin to the ploy within five (5) work d ye, • • • ( • • - . Page 15 If the grievance still remains unadjusted, it shall be presented by the employee to the Police Chief in writing within five (S) work days following receipt of the supervisor's response, The Police Chief shall respond in writing within five (S) work days, If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (S) work daya following receipt of the Police Chief's response. The City Manager or his/her designated representative shall respond in writing within ten (10) work days, If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative, may by written notice request the matter be heard by the Career Service Board. The Career Serviee Board or ita designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument, Each party shall be responsible for toapensation to ita own repre- sentatives and witnesses, If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it paya for the record and makes copies available without charge to the other party and to the Career Service Board or ita designated hearing officer, Failure by an employee or the Association to comply with any time limitation shall constitute a settle- ment of the grievance, Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board The Caree r Service Board or ita designated officer shall have no power to add to or subtract from or change the terms of this Contract, The written decision of the Board or ita designated hearing officer ahall be final and binding upon the partiea. The Board or ita designated hearing officer shall liait ita decision atrictly to the grievance submitted which haa been properly proeeaaed through the grievance procedure outlined. Proteaaing Grievance During Working Hours Grievances uy be inveatigated and processed by the employ e during working hours within reaaonable ti liaita without loaa of pay provided notice ia giv n and the rk load peraita. AlTlCL! 26. DUES DEDUCTIO A. The City agreea to deduct the Alaoeiation du a once eaeh pay period fro the pay of thoae eaployeea who individually r queat in writing that such d ductl na be aade. aubj et to the aarniaha nt lava of the State of Colorado. The •ounta to be deducted ahall be certified to the City Finane Dlr etur by the Traaaurer of the Alaoeiation, and the a regata deduetiona o all e ployeea I • • • .. Page 16 shall be remitted .together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authoriza- tion shal l be revokable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Finance Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period, It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City, In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association, C. The Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) ch anges each year, and provided a thirty (30) day written notice is pr ovided the Ci ty Finance Director, E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for that eost of such change or changes, at $30 per hour with a four (4) hours maximum. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing, ARTICLE 27. ASS OCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives .. y be allowed to: attend Association- management meetings; attend n gotiation sessions; post Association notic s un City designated bulletin board•; solicit Association membership• during employee's non-work time; and r present employees on grievance•. ARTICLE 28. RULES AND RECULATIO S Extept as liaited xprees ter .. of this Contract, the City r tains the right to promul ate reaa nabl rules, re ulations, policies, procedures and directiv s. aid rules, r ulattons, poliei s, and procedures and directiv which are an alle d violation of this Contract shall be aubj ct to the rievance procedure, A TICL 29, The aae inertal d for Pulte Officer 4th Cl 1 thrvu h I t Cl ehall not b eoneid r d eut tie, bu rather b sad up aaritorioua aarvice. aid aarit incraa11 .. y aren ad or d niad to any individual Pollc OCtic r • I • • • .. · Page 17 upon recommendati~n of the Police Chief and with the approval of the City Manager upon written notice to such individual Police Officer. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE 30. DUTY TO TESTIFY Should any employee be required to testify before any court or departmental administrative hearing as a result of his or her official duties with the City, the time spent by such employee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwiae be off duty, he or she ahall be paid a minimum of two (2) hours at the overtime rate. The employee shall pay to the City all witness fees, and other compenaation paid to the employee in conjunction with ao teatifying exeluding mileage fees. An employee who is called for witneas duty ahall present to their supervisor the original summons or aubpoena from the court or at the conclusion of sueh duty, shall provide a aigned atatement from the clerk of the court, ur other evidence indicating the amount of time hia/her person waa required. When he is subpoenaed as a witness in private litigation to teatify, not in his official capacity but as an individual, the time abaent by reaaona thereof ahall be taken as annual leave or leave without pay. ARTICLE 31. ACTING PAY A. All aeting poaitions will be compensated at 100% of the pay for the poaition in which he ia acting aa approved by the Chief of Poliee. The employee muat be in t he position f or a period of thirty (30) eonaecutive calendar days be f ore &aid em ployee be come s eligible for acting poaition compensation. Such pay will be retroact i ve to the firat day of said employee aaauaes the responai-b ilit i ea of the poaition. ART ICLE 32 . BA SE SALAR Y Fo r t h pur poae of det e rmining an employees baae wage, the eaployees regu la r a traigh t t i a e wag e rat e a nd longevity ahall be uaed, excludina all other for .. of emp loyee co mpenaation . (The above proviaion ahall b uaed only f or the pu r poae of de t ermining penaion bene f it& under the City and Stat e pens i on pl a n .) ARTICLE 33. RETIREMENT IEN!FITS etir .. nt banafita ahall ba provid d for a a a tipulatad undar In addition, tha City hall contin to provid th a level of provided for in the In le od Muni~ip a l Coda. t a te tatuta. nafitl aa !aployae contrlbu 1ona will not incr •• d above the S% to apl y hired prior to April 8, 1978 and 81 for ployee• hired after April 8, 1978 contribution laval unleas required by S ate St tu • • • • .. Page 18 ARTICLE 34, TUIT~ON REFUND Upon recommendation of the Police Chief and after prior approval of the City Manager, the City of En gl ewood shall reimburse a permanent, full-time police officer upon successful eompletion of an approved ~ourse or courses in education or vocational training at the public in,titution rate, The course or training must be related to the work and be designed to improve co mpetence in the job, and be of value to the police officer's serviee to t he City, This shall include all tuition, and required texts. ARTICLE 35, BIDDING PROCEDURES FOR HOLIDAYS, VACATIONS AND SHIFT ASSIGNMENT A, Seniority applicable to the seniority bid process will be determined in accordance with the total length of eontinuoua employment as a Police Officer with the City of Englewood. Prior City employment in other than a Police Officer capacity wi ll not apply toward seniority, Probationary employees will not be included in the bid process. Sergeants' seniority will be determined by their last promotion date and not total time as a Police Officer. Only the time as a Sergeant since his most recent promotion wi ll be applied toward seniority for bid procedure. Bidding for Watches and Days Off B. The seniority bid system will be applicable to personnel assigned to the uniformed patrol division only, and will not be authorized in any other division. The uniform d patrol divi1ion commander will develop and post a sehedul prior to each year for a six-month period ltarting November 1 and ending April 30. The uniform d patrol division co-.ander will develop and post a 1econd schedul prior to May 1 ach year for a lix-month period startin Hay and ending October 31. The patrolmen in the uniforaed division will bid twice a year . ! ch bid pro~••• will eon1i1t of t (2) thre (3) month interval•. The fir1t bid each y ar will be for ov mber 1 thro h January 31 and February 1 throu h April 30. The 1eeond bid eaeh year will be for May 1 throuah July 31 and August 1 through October 31 . There will b wtll begin with th ehote • In the de no n e to the po iti will bidding pr e •• biddtn the po 1tion o hie th r .. tnin offte r 111 h v All 1p ialtz d pu 1tiun eueh ed patrol uffie r, nte along with ny t n bidd bl u 1t u • • • • • 19 If an office~ fails to submit their bid in accordance with the bidding procedure they will relinquish their opportunity to bid by seniority and will be assigned at the discretion of the patrol division commander. The sergeants in the patrol division will bid by seniority in the following manner: There will be one-biddable position on each wateh established by the patrol division commander. The sergeants in the patrol division will bid the remaining biddable position from the moat senior sergeant on down. Sergeants may request non-biddable positions and an attempt will be .. de to accommodate them, but such positions will be assigned at the discretion of the patrol division commander, Sergeants will follow the same bid schedule process as patrol officers. The sergeants will bid two (2) three (3) -onth watches at a time, Sergeants must change shifts at least onee for a three (3) ~nth period per calendar year. Officers or sergeants assigned to other divisions and who are reassigned to the patrol division will occupy the position vacated by the person they are replacing. If other positions are available, they may request assignment to such position, but may only be aaeigned at the discretion of the patrol division commander, These personnel will then be allowed their seniority for bid at the next bid procees, It is further understood that a schedule change for unforeseen emergency circumstance• arise, officer• and sergeants may be aeeigned by the patrol division commander from one shift to the other to handle whatever emergency situation exists during the duration of the emergency, The officers or aergeanta in descend ing order of seniority will be asked if they want the aeaignaent change from their assigned watch during the duration of the e.argency, If it is necesaary to aseign officere or eeraeante after thie pro~edure hae been done, the leaet senior officer on the watch will be •elected firet to Change aesign- mente by the patrol divieion commander. Thie proeaee will eontinue until the divi1ion eommander ha1 met the need• of the e.araency eituation. c. Biddina for Vacation• and Holidaye Vacation• will be bid by eeniority, Vacation• will be bid by eeniority only one time during the year Nov aber 1 throuah Oetober 31. An officer or 1ergeant will bid for vacation according to the bidding •ehadula. He will b able to bid durin& the first eix (6) ~nth bid procaee ov mber throu h April 30 or the eecond aix (6) ~nth bid procaee Kay 1 throu h Octobar 31. Vacatione other than hie eaniority bid veeation will on firet-requ etad baete, All vacati n requ 1t1 will ba li&ned and dated by the receiv1n euparvieor on the data of ret ipt, Any vacation requ eted after th bid pr c 11 eloeea will b on a firat-raqu tad b ia, Vacatlona are a e ad to aeh dulad in good faith by ahall ap eify tha axaet d t • d aired, ch luy and I • • • • .. Page 20 In the unifor.med patrol division not more than four officers or one sergeant per watch will be scheduled for va~ation or holiday leave at the same time, unless approved by the patrol division commander. Not more than two officers or one sergeant within other divisions will be scheduled for vacation at any one time unless approved by their division commander. Vacations within the investigations and administration division will be sch~duled by their division commander according to seniority. Holidays will be bid after all vacations have been bid by seniority wi th vacations taking precedent over holidays. The bid time for holidays is the same as vacations according to bid a~hedule except that any holidays not scheduled or used by August 1 of that year will be assigned. The schedule process for bidding will be as follows. The bidding process will take place in October for November 1 through April 30 and April for May 1 through October 31. Holidays will then be bid. Watches and days off will be bid first along with a seniority preference for va~ation if so desired. Holidays will then be bid by seniority. More than one holidays at a time may be taken as long as the requirement of four per watoh is met. For the purposes of this article, employees who are rehired shall accrue seniority from the date of their reemployment. ARTICLE 36. LETTER OF CORRECTIVE ACTION A. Oral Corrective Action. Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer aaaistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the employee'a departmental personne l file ia documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corr ctive action ill be documented in the employee's departaental file. B. Writt n Corrective Action. When the superviaor determines that a written cor r ctive action is apprupriat and neceasary, the corrective action shall b addreaaed to the mployee and ahall include the violation; the ap cifie behavior and the dates of the behavior (when appropriate) that auppo rt th charge; the warning that continuance of thie behavior will r sult in disciplinary action; and an offer of eaaiatance in eorrecttn the behavior. A sian d copy ot the torr ttiva action by the euperviaor ehall be included in the mploye '1 official peraonn 1 fila in the Employee R 1 tione Offic , nd the ployae ehall have th opport unity to aub.tt written comm nte in reepona to th corrective action to be included in the file. After a period of one (I) year froa the d t uf th filina of th written torr ctiv action, the sup rviaor hal review 1 id 1 tter and provid a follo -up 1 ttar indicattna the etatue of tha written corr ctlva actl n. • • -• • • Page 21 C, The emp~oyee retains the right to request an administrative review of the written corrective action, The Chief of Poli~e shall develop this adminis- trative review procedure which shall at a minimum consist of a board with equal representation of command staff to be selected by the Poliee Chief, and Association members to be selected by the employee, This board shall be advisory to the Chief of Police, and its findings shall .be placed in the employee's personnel file, This Article shall not be grievable under this Contract, If this procedure is not observed, at the request of the Aasoeiation a meeting may be held between issue, the Department, the City Manager's Office and the Association to address the ARTICLE 37, EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the terms and provisions herein contained constitute the entire Agreement between the parties and supercede all previous communi~ations, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein, The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties, In Witness Whereof, the parties have caused this Contract to be signed by their respective representatives, and their signatures place thereon, on this ______ day of July, 1983 at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD POLICE BENEFIT ASSOCIATION ' ~L&-/4/d an-e 7 A.:7 -yj> I • • • • • DIS'rRICT couRT, couwry o:· ARAPAHOE, STATE oF COLORADo 1 7 H Case No. 81CV1859 Case No. A 81CV853 ORDER OF DISMISSAL CITY OF ENGLEWOUU, COLOHADO, a Colorado municip~l corporation, Plaintiff, vs. ROCKY MOUNTAIN ACQUISITIONS, INC., doing busin~ss a~ '!'HE SOU '!'H tiROADWAY ADUL'l' CEN'!'EH, and MICHAEL Ut::<.:KAHU, i tlS uycnt, Defendants. ROCKY MOUNTAIN ACQUISITIONS, INC., a Colorado corporation, Plaintiff, VS • THE CI TY OF ENGLEWOOD, a municipality; ENGLEWOOD PLANNING AND ZO NG C O I~MISSION; GEORGE H. ALLEN, DO'l't:'!' BAHi;jHt:;, MAHJOHII:: Ot::<.:K I::H , THAD CARSON, EDWARD DRAPER, EDWIN McBRAYER, JR., JUDI 'fH Plt:RSON, MILTON SE NTI, EDDIE TANGUMA, JR., all comprising the authori~ed members of the City Planning and Zoning Commission, Defe n d n ts. pen con si de r t h pa r t i o s J u 1 y 7 , 1!1 11 , that &ti p~ t o n t h e join d n this c Sti; nd t h e a t p u lat ion the part a e n force me n t of the t erms of ORO D, that th c v i ct. ona r prejudice and without award of costa. now 0 I • • -• • • RESOLUTION NO. J.J SERIES OF 1983 ____ _ A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERAL OBLI- GATION BONDS, SERIES 1983, IN THE PRINCIPAL AMOUNT OF $4,600,000. WHEREAS, the City Council of the City of Englewood, Colorado, has determined that it is necessary to acquire land and construct and equip a community center and related appur- tenances for the City and its inhabitants, and to issue its general obligation bonds for such purpose; and WHEREAS, pursuant to the City Charter, at a special municipal election held on May 17, 1983, a majority of the registered qualified electors of the City voting thereon approved the issuance of general obligation bonds for such purpose; and WHEREAS, in accordance with the provisions of the City Charter, it is necessary to advertise for the sale of said bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That notice of sale of General Obligation Bonds of the City in the principal amount of $4,600,000 shall be given by publication in one issue of the Englewood Sentinel, a newspaper published and of general circulation in the City, in the edition dated August 4, 1983; 2. The form of the notice of sale to be published shall b substantially as follows: I • • • • • • NOTICE OF SALE OF GENERAL OBLIGATION BONDS, SERIES 1983 IN THE AMOUNT OF $4,600,000 of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, August 15, 1983, 2:00 P.M., M.D.T. The City Council of the City of Englewood, Colorado, will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati Street, Englewood, Colorado 80110, until 2:00 P.M., M.D.T., on Monday, August 15, 1983, for the purchase of General Obligation Bonds, Series 1983, of the City, dated October 1, 1983, in the principal amount of $4,600,000. Copies of the Official Statement and bid forms may be obtained from Mr. Gary R. Higbee, Director of Finance, or from Hanifen, Imhoff Inc., Suite 1800, 1125 17th Street, Denver, Colorado 80202, the financial consultant to the City. Dated at Englewood, Colorado, as of the 1st day of August, 1983. ( S E A L ) ATTESTED: /s/ Gary R. Higbee Director of Finance City of Englewood, Colorad o Publish i n : Englewood Sen inel Publish on: Auqua 4 , 1983 /s ( Eugene L. Otis Mayor City of Englewood, Colorado l. I • • " • • .. • 2. The form of the official notice of sale shall be substantially as follows: ( I . , 2 . • • • • NOTICE OF SALE OF GENERAL OBLIGATION BONDS, SERIES 1983 IN THE AMOUNT OF $4,600,000 of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, AUGUST 15, 1983, 2:00P.M., M.D.T. The City Council of the City of Englewood, Colorado, will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati Street, Englewood, Colorado, 80110, until 2:00 P.M., M.D.T., on Monday, August 15, 1983, for the purchase of General Obligation Bonds, Series 1983, of the City, dated October 1, 1983, in the principal -amount of $4,600,000. The Bonds shall be issued as fully registered bonds in the denominations of $5,000 or integral multiples thereof, shall bear interest payable on June 1, 1984, and semiannually thereafter on December 1 and on June 1 each year, and shall mature serially on December 1, as follows: Maturity 12/1/1985 12/1/1986 12/1/1987 12/1/1988 12/1/1989 12/1/1990 12/1/1991 12/1/1992 12/1/1993 12/1/1994 12/1 /1995 12 /1/1996 12/1/1997 12/1/1998 12/1/1999 12/1/2000 12/1/2001 12/1/2002 Bonds ot: 1993, sh b dat s. Thos 3 . Amount $105,000 115,000 125,000 135,000 150,000 165,000 180,000 200,000 215,000 240,000 260,000 290,000 315,000 345,000 380,000 420,000 460,000 500,000 • • • • • Principal and premium, if any, on the Bonds will be paid at Affiliated First National Bank of Englewood, Englewood, Colo- rado, or its successor, as Paying Agent and Bond Registrar. Interest on the bonds will be paid to the registered owners of the Bonds by check or draft of the Paying Agent to the registered owners of record as of the 15th day of the month next preceding the applicable interest payment date at the address appearing in the registration books of the Bond Registrar. The Bonds will be issued for the purpose of acquiring land and constructing and equipping a community center and related appurtenances for the City and its inhabitants. The Bonds, in the opinion of bond counsel, are legal and binding obligations of the City of Englewood, payable from general ad valorem taxes on all taxable property in the City without limitation as to rate or amount. A cashiers check or certified check drawn on a bank or trust company, payable to the City of Englewood, Colorado, in the amount of $100,000 must accompany each bid. The check of the successful bidder will be retained by the City as liquidated damages in the event the Bonds are not taken-up and paid for in accordance with the bid. Checks of unsuccessful bidders will be returned immediately. No bid for less than par and accrued interest to the date of delivery will be accepted. Only one interest rate shall be specified for each maturity, and different or "split" interest rates shall not be considered. Th maximum net effective intere s t rate shall not exceed 11-1 /2 per annum. Supplemental or "B" in- terest rates ar e n ot allo wed. The maximum allowable spread between the highes nd lowe s in e r est rates is 3 . Interes rates should b s a ed in multiples of twentieths or eighths of one percent. Th Bond s will be a warded to the bidder n ming th lowes n i n erea co o the Ci y , bas d on the full par a oun of $4,6 00 ,000 as adv rtised. The n interest cos t i s d fin d to b th total a oun of interes o accrue from the da e o issue to the date of urity , wi hout regard to prior red provisions , 1 as h o al moun o cash premium bid, i The pr iu 111ua be paid in cash a par of he purchaa ... The Ci y o Englewood r • rvea h pr vil 9 o waivin any de ec or irreqularity in ny bid, nd the righ to re ec any and all bids for th purchaa of a td Bonds. rd of he Bon a nq on Augua h regul r 4. C ty Counctl P .M ., or ha da e. • • • • Delivery of the Bonds will be made at any bank or trust company in either Englewood or Denver, Colorado, or elsewhere at the request and expense of the purchaser. It is anticipated that delivery of the Bonds will be on or about October 11, 1983. The City will furnish the executed Bonds, a certified transcript of legal proceedings, and the approving legal opinion. The legality of the Bonds will be approved by Lamm Edstrom & Braymer, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each Bond. Bond counsel's approving opinion will recite, in conventional form, that bond counsel has examined the constitution and laws of the State of Colorado and the Charter of the City, and a certified copy of the record of the proceedings of the City taken prelimin~ry to and in the issuance of the Bonds. The opinion will state that the Bonds are valid and legally binding upon the City and that the obligations incurred by the City in issuing the Bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the state. The last paragraph of the opinion will express an un- qualified opinion as to the exemption of interest on the Bonds from federal and Colorado state taxation. Additional information concerning this issue and the City may be obtained from Mr. Gary R. Higbee, Director of Finance, Municipal Building, 3400 So. Elati Street, Englewood, Colorado 80110, or from Hanifen, Imhoff Inc., Suite 1800, 1125 17th Street, Denver, Colorado 80202, the financial consultant to the City. DATED at Englewood, Colorado, as of the 1st day of Augu st , 1983. ( S E A L ) /s/ Eugene L. Otis Mayor City of Englewood, Colorad o ATTESTED: /si Gary R. Higbee D rector of Finance, City of Englewood, Colorado Publish in: Enql od S n in l Publish on: August 4, 1983 • I . • • • • 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the Official Statement and notice of sale to those investment banking firms, banks, and others who might be interested in bidding on bonds of the City. The prior action of the City Council in designating Hanifen, Imhoff Inc., as Financial Consultant to the City, is hereby ratified and approved: and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. Hanifen, Imhoff Inc., may, either alone or with others, submit a bid for the purchase of the Bonds, and in such event, the fee paid or to be paid for financial advisory services shall not be deemed a discount for purposes of the par sale requirement. 4. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 1st day of August, 1983. ( S E A L ) ATTEST: ex-offlc1.o C1. y I, G ry R. H1.gb , x offl.ClO Cl y Cl C1. y of En 1 wood, Colorado h r by cer 1fy for o1ng 1.s ru , ccur nd compl No. ____ , S r1. s o 1983. ry R. H1gbe • yor he nd • ORDINANCE NO. SERIES OF 1983 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER NE"A L AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $4,500,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS (SAFEWAY STORES, INCORPO- RATED PROJECT) SERIES 1983, TO FINANCE PROPERTY SUITABLE FOR USE FOR COMMERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT, INDENTURE OF TRUST , BOND PURCHASE AGREEMENT, INDUCEMENT LETTER, FINAL OFFICIAL STATEMENT , SAID BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, Colorado (the "Issuer") is a legally and regularly created, established municipal corporation duly organized and existing as a home -rule city pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the provisions of the Co unty and Mun i cipality Development Revenue Bond Act, Article 3, Ti tle 29, Colora do Rev i sed Statutes 1973, as amend e d (th "Act"), authori ze mun ici p alitie s to fi nanc e , refi n a nce , acquire , own , l ease, i mp rove and dispo e of o n e or mo r projects, includin any 1 nd, build ng or oth r improvement nd all re 1 or person 1 prop rt1 s suitab l o r used for or in connection with comm erci 1 o r bu si n ss en rpris s (l.ncludin , without limit ion , e n te rpr ises eng a d i n selhn n y products o ar1cul ure, l.nd u s ry, con:merce, m nuf cturina or bu ine ) , • • • • • • upon such conditions as the municipality may deem advisable; and WHEREAS, such municipalities are further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing any such project; and WHEREAS, such municipalities may authorize the user of the project, or an agent of the user or a trustee, to disburse the proceeds of such bonds to pay certain costs authorized by the Act under certain conditions set forth therein, including the condition that the user thereof agree to pay to such municipal ity an amount sufficient to pay, when due, the principal, interest and premium, if any, on such bonds, and any other expenses incurred by the municipality in connection therewith, such bonds to be payable solely from the revenues derived from payments to the municipality by the user of the project; and WHEREAS, Saf way Stores, Incorporated, a organized and existing und r the laws of th Maryland and authorized to do business in the corporation Stat of State of Colorado (the "Company"), has pr sent:ed to the Issuer a proposal whereby he I suer will, pursuant to the Act, i au the revenue bonds herein !tar d acrib d and loan t:ha proceeds th refrom to the Comp ny 0 fin nee the CqUlSl ion, cons rue ion n r of 1 ore h v1n1 propoaed o b located on ! 1 nd mprov1n1 o a ret: i l arocary pproltim taly ~o.ooo aqu ra t • • H pd n yp u South Loa n ·2· • • • • Street, within the City, as well as all real estate, fixtures and equipment necessary or convenient thereof (collectively, the "Project"), which Project will be located within the boundaries of the Issuer and qualifies as a "project" within the meaning of the Act in that such facilities are suitable for commercial or business enterprises; and WHEREAS, the Company has given its assurance to the City that the Company will pay, or reimburse the City for payment of, any and all legal fees and expenses and administrative costs and expenses heretofore incurred or hereafter to be incurred by the City related to the Project and its financing, and that such agreement to pay or reimburse the City is not contingent upon commencement or completion of the Project or the financing; and WHEREAS, the Company has represented to the City that the Project wi ll be designed to qualify as a "project'' within the meaning of the Act ; and WHEREAS, the City cons id r s that the Project, if located within the City, will assist the City in promoting economic developm nt and additional mployment within the City; nd WHEREAS, the City h s conSl.dered the Company's propos 1 nd h s conclud d that the economl.c and other benefits to h City will be sub t nti 1 nd th t it wishes to proce d W1th the developm nt nd fin ncin of the Proj ct; and -3 - • I • • • • WHEREAS, the "City of Englewood, Colorado, Industrial Development Revenue Bonds (Safeway Stores, Incorporated Project) Series 1983," in the aggregate principal amount of $4,500,000 (the "Bonds"), will be issued, sold and delivered by the Issuer to George K. Baum & Company, of Denver, Colorado (the "Original Purchaser"), to provide funds to finance the Project, and to pay certain incidental costs incurred in connection with the issuance of the Bonds; and WHEREAS, there have been presented to the City Council of the Issuer: (a) a proposed form of Loan Agreement to be dated as of August 1, 1983 (the "Loan Agreement"), between the Issuer and the Company, (b) a proposed form of Indenture of Trust to be dated as of August 1, 1983 (the "Indentu re"), between the Issuer and IntraWest Bank of Denver, N .A., as trustee (the "Trustee"), (c) a proposed form of Bond Pur c h a se Agreement, to be dated as of the date of the f i nal a dop ti on of t h is Ord i nance (the "Bo nd Purcha se Agreement "), b tween the Iss uer and t h Or i g i nal Purchaser, (d) pro po s ed fo rm of I ndu cemen t L e tt e r to b d ate o f the final a d option of t h is dated s of t h Ord i n a n c e (the "Inducement Letter"), mong the Comp ny, th Issuer nd the Oria1nal Purch ser, (a) the Pre! 111nary Official Statement dat d Auaust 4 , 1983 (the "Pr liminary Official Stat m nt") and (f) propos d form of fin 1 Official St tem nt (th "fin 1 0 hci 1 St tem n ") to be dated a of the da e of the ssu nee, aalaanddeliv ryofth Bonds. -4- • I • • • • ,. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. All action (not inconsistent with the provisions of this Ordinance) Council and the efforts of heretofore taken by the City the Issuer directed toward financing the Project, the issuance and sale of the Bonds therefor, and loaning the proceeds thereof to the Company therefor be, and the same hereby are, ratified, approved and confirmed. The distribution and use of the Preliminary Official Statement and the proposed distribution and use of the final Official Statement in connection with the sale of the Bonds is hereby acknowledged; provided, however, that neither the Issuer nor any officer or employee thereof has or assumes any responsibility for the accuracy or completeness of the information contained in the Preliminary Official Statement or the final Offic i al Statement . Section 2 . The Issuer shall finance the Project, i ncluding the paying of incidental iss uanc expenses and, if necessary, a portion of the int erest to cc rue on the Bonds, by d e positing the proceeds of the Bonds with the Trustee, the proceeds of wh ich will b disbursed by the Trustee for such purposes in accordance w th th provisions and conditions of the Ind ntur . Section 3. To defr y the cost of financin th Projec , th paying of inciden 1 issuanc exp nses, and, i necess ry, a portion of he int r st o c:crue on the Bond , I • - • • • • there is hereby authorized and created an issue of revenue bonds designated as the "City of Englewood, Colorado, Industrial Development Revenue Bonds (Safeway Store, Incorporated Project) Series 1983," in the aggregate principal amount of $4,500,000, to be dated as of August 1, 1983. The Bonds shall bear interest from their date payable semiannually on February l, 1984 and on each August 1 and February 1 thereafter until maturity or prior redemption at the rates, and the Bonds shall mature on the dates and in the amounts set forth in the Supplemental Resolution to be adopted by the Issuer on August 15, 1983 (the "Supplemental Resolution"). Provided, however, that the net effective interest rates on the Bonds shall not exceed 11. 25 '7. per annum. The Bonds shall be subject to redemption as set forth in the Indentur , and shall be issuable solely as fully regi stered bond s , all in accordance with the provis i ons of th Indenture . Th Bonds s h 11 be i n substantially the form prov i d d for i n the Indenture . The Bonds s h a ll be s old to t h e Original Purch aer fo r a purchase price s t f orth in the Supp1em ntal eaolu ion, 11 in accordance with th Bond Purch • A re nt. s re h reby 111 d Th followin detena1n tio n n ceord nee WJ.th t h Act: nd hndln • • • • • (a) The Issuer is authorized by the Act to enter into the Loan Agreement for the public purposes expressed in the Act, and to assign its interest therein to the Trustee pursuant to the Indenture; (b) The Issuer has made the necessary arrangements with the Company for the establishment within the boundaries of the Issuer of the Project, consisting of certain property more fully described in the Loan Agreement, which will be of a character described in, and will accomplish certain public purposes contemplated by, the Act; (c) In authorizing the financing of the Project and the issuance of the Bonds, the purpose of the Issuer is, and in its judgment the effect thereof will be, to create new or additional employment opportuni- ies, to promote industry and develop trade or other economic activity by inducing the Comp ny to locate, xpand orr main in the Stat of Colorado, to mitigate the s r i ou s thre at of xt nsive unemploy ment in parts o f the Stat e of Col ora d o, to secure and m i nt ain a b 1 nc d and • ble ec:ono y nd to furth r the us of r1 c:ultur 1 produc • nd n tur 1 resources o the tate of Color do; (d) Th Bonds sh 11 b hasi d obl 1 tiona of t h e Issu r . Th princ:~op 1 o , pr iu 1 ~of ny I nd • 1 · I • • • • • interest shall be payable solely out of the revenues derived from the Loan Agreement. The Bonds and interest thereon shall not constitute a general obligation or an indebtedness of the Issuer withi n the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado, or the Charter of the City, and shall never constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Neither the faith and credit nor the taxing power of the Issuer, the State of Colorado or a ny othe r pol i tical subdivi sion there of , i s p ledg e d to the payment of the pri n ci pal o f t h e Bond s or the i n t erest thereon or other costs incident al the reto ; (e) The a mo unt n ecessary i n e ach year to p a y t h e pr i n ci p al o f and t h e interest on t h e Bo nd s will b e set forth in t h e Supplemental Resolution as Exhibit A and incorporated herein by reference, nd the Loan Agre ment requires such p ym nts to be made by the Company; there is to b nor serve fund establish d for the ret1.rement of h Bonds or th maint nanc of the Project; and since the Loan A reem n provides that the Company sh 11 m 1.nta1.n the Project nd c rry certa n insur nc with r sp c ther to, no determin tion of the stim ted cost of maintainina or insur1n he Proj c ne db m d ; and • I • • • • • (f) The revenues of the Company will be suffi- cient to, and that the Loan Agreement provides that the Company shall, pay all taxes which may be due and owing with respect to the Project. Section 5. The forms, terms and provisions of the Inducement Letter, the Loan Agreement, the Indenture, the final Official Statement and the Bond Purchase Agreement be, and they hereby are , approved, and the Is suer shall enter into the Inducement Letter, the Loan Agreement, the Indenture and the Bond Purchase Agreement, and shall exe c ut e the final Official Statement, substantially in the forms o f ea c h of such do c um e nts presented at this meet i ng but wit h su c h minor changes therein as are c ons i stent herewi th and as t he o fficers of the Iss uer executing such do c uments s hall a pprove, the ir e x ec u tion thereof be i ng deemed c onclus i ve o f thei r appro val of a ny su c h cha ng es; a nd the Mayor o f the Issue r is h ereby authorized a nd directed to execute and delive r s u ch documents a nd t h e City Cle r k is h ereby authorized and directed to affix the seal of the Issu er to, and to attest, such documents in substantially the forms of each of such documents presented at this me ting. Section 6. The form, terms and provisions of the Bonds, in subst nti lly th form contained in th Ind nture, be and they h reby are, pproved; and th Mayor is hereby au hon.z d nd d ree ad to cause hil esimile ianature to • I • • -• • ,. • be affixed to the Bonds; the City Clerk is hereby authorized and directed to attest the Bonds with his facsimile signature, and each is authorized to deliver the Bonds in the form contained in the Indenture but with such minor changes therein as are consistent with the Indenture and this Ordinance and as the officers of the Issuer executing the Bonds shall approve, their execution thereof being deemed conclusive of their approval of any such changes. The seal of the Issuer is hereby authorized and directed to be affixed to or imprinted on the Bonds. Section 7. The Mayor of the Issuer is hereby authorized to approve the appointment of Intrawest Bank of Denver, National Association, a national banking association with its principal office located at Denver, Colorado , as Trustee and paying agent, the execution of the Indenture by the Issuer being c onclusive evidence of the approval of the Tru s t e e . S ec t i on 8 . The offi cers of the I s suer shall tak all a c t ion wh ich they d e em ne ess a ry o r reasonably requ i r e d in conformity wi th the Act t o fi n ance t h e construc t ion and improv m nt o f th Project which is he r e by autho r ized , ineludin the paying of ineid nt 1 i.s uanee expenses from th proee ds of the Bonds, nd for e rrying out, giv1.ng eff et to nd eonsununatin the trans etions eont mp1 ted by this Orciin nee, the Indue ment Latter, he Lo n Agreem nt, -10 - • • • -• • • the Indenture, the final Official Statement and the Bond Purchase Agreement, including without limitation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds. Section 9. The cost of financing the Project, including the paying of incidental issuance expenses, will be paid out of the proceeds of the Bonds. The Bonds together with interest payable thereon are special, limited obligations of the Issuer payable solely as provided in the Indenture. The Bonds or interest payable thereon shall never constitute the debt or indebtedness of the Issuer, the State of Colorado or any political subdivision thereof within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado, or the Charter of the City, nor shall a nything contained in this Ordinance or i n the Induc e ment Letter, the Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, the f i nal Off icia l St a t e ment or any other i nstrument c onst i tute or giv e rise to a p c uni ry li b ility of, o r a c h a r ge against the general cred t or tax na power of, th Issuer, nor shall the breach of ny areement contained in this Ord1nance, or any of the bove -mentioned documents or 1nstruments impose any pecun ary liability upon the Iuu r, he Issuer h v1n no pow r o pay ou o i 1 1 n r 1 fun d , -1- • • • • • • or otherwise contribute any part of the costs of financing the Project, nor shall the Issuer condemn any land or other property for the Project nor contribute any land or other property to the Project. Section 10. After any of the Bonds are issued, this Ordinance shall be and remain irrepealable until the Bonds and interest thereon shall have been fully paid, cancelled and discharged. Section 11. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 12. All bylaws, orders, ordinances, or parts thereof , inconsistent resolutions and herewith and with the documents hereby approved, are hereby repealed to the ext nt only of such inconsistency. This repealer shall not be constru e d as reviving a ny bylaw, order, r eso lution or ordinance, or part thereof. Sect1.on 13. Immediately upon its final passage, th s Ordinance shall be recorded in the City book of ordin ncu kept for that purpose, sh 11 be uth nt1.cated by the ign tures of th Mayor nd th City Clerk, and shall b publuh d n th Sentin 1, le 1 n wsp p r of aen r 1 circulation in h C1 y. ·12. • I • -• • • The above and foregoing Ordinance No. , having been approved on first reading on August 1, 1983, was, on motion duly made and seconded, to be finally adopted on August 15, 1983. [SEAL] Attest: By ~~-=--~------------City Clerk CITY OF ENGLEWOOD, COLORADO By Mayor of the City -13 - • I . • • • • It was thereupon moved by Council Member and seconded by Council Member that the foregoing Ordinance which was introduced at this meeting, as aforesaid, be published by publishing the Ordinance in full, together with a statement that the text is available for public inspection and acquisition in the office of the City Clerk, in the Englewood Sentinel, a newspaper of general circulation publshed in the City, and that said Ordinance be considered for final passage at a regular meeting of the City Council to be held at Council Chambers, on Monday, August 15, 1983, at the hour o:f 7:30p.m. The question being upon the a dopt i on of said motion, the roll was called with the following result: Those voting Aye : Eugene L. Otis Beverly Bradshaw Joe Bilo Tom F i t z patrick Jim Higday John Ne a l Rob ert W ist Those Voting N y: No n Those Abs nt: None favor of d clar d publuh d m mbers of the City Council having voted in s id motion, th pres~ding officer thereupon s d motion carried, and 1 id Ordin nee order d 1 afor 1 id. -14- • I • • -• • • The Council then considered other business. Thereafter, on motion duly made, seconded and adopted, the meeting was adjourned. [SEAL] Attest: City Clerk Mayor ·U· • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 1, 1983 AGENDA NO, gA SUBJECT Mutual and Automatic Aid Agreement with C~erry Hills Fire INITIATED BY ____ ~F~i~r~e~A~dm~i~n~i~s~tr~a~t~L~·o~n~---------------------------------- ACTION PROPOSED Enter into an automatic aid agreement in comhioation with the existing mutual aid agreement. INTRODUCTION The fire department is endeavoring to expand its suppression capabilities without increasing its costs. Automatic aid allows the closest fire companies to respond on the initial alarm, thereby providing better response time, HISTORI CA L INFORMATION En glewo o d and Littleton have successfully operated an automatic aid p r og r am fo r almost two years. Englewood and Cherry Hills have h is- tori c ally e xch anged resources on a mutual aid bas i s for many year s . Th coat of our r spans s into Ch rry Hilla will th oretic lly b off- a t by th ir reapona a nto Englewood . y h th r vi w d au • I • • • • CONFLICTS AND/OR COMPLICATIONS Some Englewood residents may be surprised to find a Cherry Hills unit among the units responding to their call. This has not proven to be a problem with the Littleton program, but some comments may occur. CONCLUSIONS AND RECOMMENDATIONS Automatic aid is not designed to reduce our response, but to enhance it. It is to the advantage of the citizens of both communities to encourage this program. The fire administration of Englewood strongly recommends this action. SUGGESTED MOTION It is recommended that the City Council direct the City Attorney to prepare a bill for an ord~nance implementing this intergovernmental agreement. SUGGESTED MOTION: MOVED BY ______________________ ___ SECOND ________________________ __ YES ______ ~NO ________ ABSENT ______ __ • I • • - c 0 C I L ;:>ATE July 29, 19a3 • • • CO. MUNICA TION AGEIDA ITEM SUBJECT Lease/Pur chase Agrt'L'ffiL·n l Operatinc Equipment Gary Higbee, Director of Finance I r IT I ATED BY __ ___::....____:::: _ _:_ _________________ _ ACTION PROPOSED Approve the attached resolution authorizing the City to execute and fulfi 11 a Lease/ Purchase Acn.'cmcnt with .JTNCO l.l •;~>; i 111~ Corporation BACKGROUND : City Council approved acquisition by the City of: 1) Computer hardware and software 2) One pavement profiler 3) One Class A fire pumper With Council approval , the Department of Finance issued a request for Lids for a lease/purchase agreement for the purchase of the abovu op~r ting equipment . Bids for the lease/pu r chase agreement wer e re-ceived July 29 , 1983 . The b d frum JINCO Le sing Corporation at 8 .85 interest rate is recommended for approval . JI CO is a local leasing corporation that has been in business approximate y 7 yecrs . The City of Englewood has entered into a leas /purchase agreeme n with JINCO in the past when th City pur- chased a central word processing unit in 1978. In th R·P th c ty nclud d in agr ement with u ing . 3UCCESTED :~110 : Th t: the• JL L<~chec.J r o fu f l e purch he tpprovc•ll 1 a /purch se agraum nt which JINCO Is nc th• City co cxucuce unc.J h JINCO L Rinn Corpor tlon • I • • -• • • ·------·------- LEA S E PURCHASE AGREEMENT FIRM JINCO Ltasing Corporation Hanifen , Imhoff , Inc . Imperial Leasing TOTAL AMOUNT $ 507 ,4 1 8 .90 51 2,397.32 51 4,6 1 6.00 • INT EREST RAT E 8 .8 5% 9 .366% 9 .39% I • • • • • ATTACHMENT D SCHEDULE D RESOLUTION NO. ~ SERIES OF 1983 A RESOLUTION APPROVING A LEASE/PURCHASE AGREEMENT WITH ~o<r t.L-tlo"" FOR THE ACQUISITION OF EQUIPMENT FOR THE CIT¥ OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood, Colorado, has det~rmined that a true and very real need exists for the acquisition of the equipment described in the Equipment L ase/Purchase Agreement; and Wherea s , the Ci ty Counc i l of th Ci ty of Engl wood, Co l o r d o, has t aken t h e necessa ry st eps , i nc l udi ng a n y 1 gal bid d ing r e qu i r ementa , under pplic a ble l aw to •r r a ng tor th ac uia tion ot auch equipment und r the £ uip ent Lea• I urch e A r m nt, NOW, THER OR£, 8 IT RESOL VE D, b y th C ty Counc 1 o th City ot Eng wood , Color do , ollo w : c t on l. • • • • ~;,e; best int rHe sts of the City of Englewood for the acguisi tlon of: ~ucr, -='lJU·[,Ill'-'l<t:, and the Cit y Council of: tl1c City o[ l::nl)Jcwoud nereby designates and confirms the Cit y Manager to execute and de ive.r , and tlie Dire ctor of F in an c e /ex officio City Cle r l</Treasur er , to attest , respectivel y, the Equi pment consumma tion of t:he transactions contemplatecl by the Equipment Leasr~/P urciJ iJ•;:· /l cJr •~uJnelil:. Aoop~ · At APPHOVEO this /st _ day of A~st I 1903 . Mayor AT ES II lllC y Cl rk/ 'r aurer I . -• • • 1 1 Gi.\ry IL lliylJ(!U , Director oJ: c'in<liWu/ux uCI.i..;iu City C\.ul k , ·::or the 'C ity o[ Engle wood , Colo rado , do her eb y certify that tlw ;Jbove and [orogo ~~CJ is a true , acc u rate , anrl coh1Pletc copy or: i,e:solution 1-!fJ. ~0-• Sedes of 19!13 . I . - • • • • • August 1, 1983 TO: Andy McCown, City Manager FROM: Gary R. Diede, Director of Engineering SUBJECT : Incidental curb and gutter replacement in South Broadway Overlay Program (2700-3500 blocks) The City's recent acquisition of a rotomill (asphalt cold planer) enables us to proceed with our proposed planing and overlaying of South Broadway between Yale Avenue and u.s. Highway 285. We have been aware for quite some time that this portion of South Broadway, as well as a multitude of other locations within the City, has been in need of substantial concrete repairs. In round numbers, addressing curb and gutter, driveway, and sidewalk , this portion of Broadway could easily command $60,000 in con- crete removal and replacement. At this time, however, we are requesting only those concrete repairs that are absolutely necessary. This required work would involve approximately 47 properties, and total assessments would be in the range of $18,400. As you will note from the attached list, these bills will range between $100 and $1600. In accord- ance with the City Code, we would like for Council to authorize the Department of Engineering Services to send 30-day concrete repair notices to all of the affected property owners. Council should allow for comment s from these owners at their regular meetings of August 15 and September 6. Work adjacent to properties not complying with the 30-day notices would be accomplished by the City in September, 1983, with a list of liens to be submitted to Council in early November. These liens would be payable in April, 1984 with their regular 1983 property ta•es. As Dlentioned before, -ar addressing only that work which is required in conjunction w~th our South Bro dw y improvements. The r~inder of the work on Broadway, as well as work required throughout Engl wood, will be subm tted to City Council as a r co nded City-wide concrete r place- ment progr at a l ter date. RAJ(/ldo • • Situs Address 2756 2795 2801 281 5 2823 2842 2845 2 l- • • • SOUTH BROADWAY CONCRETE REPLACEMENT PROGRAM 1983 Owner Becker, Richard B. & Dorothy A. 2756 s. Broadway Englewood, CO 80110 Gosch , Henry & Nettie L. & Jerry H. , Trustees 2790 S. Grant St. Englewood, co 80110 Paplow, Dennis J. & Julie L. 2801 S . Broadway Englewood , CO 80110 Legal Description Lot 13 & N; of 14, Blk. 1, Killies ReSub. Lots 25-28, Blk. 9, I dlewild Lot 48, Blk. 16, Idlew1ld Paplow, Denni J. & Jul1e L. Lots 45-4 7 , Blk. 16, Idlewild 2815 s. Broadway Englewood , co 80110 Smi h , rtram F. & Huber a 2823 s. Broadw y En 1 wood, CO 80110 or 1 ro dw y • co 80110 Lots 42-43, Blk. 16 , Idlewild ; Lot 11, 11 or Lot 12, Blk. 4, Killi a ub. Lo 1 37-38, 11 . 16, Idlewild Remove & Replace VC&G 18 L.F. 12 L.F. 30 L.F. 36 L.F. 6 L.F. 18 L.r. 18 L.r. 111 t St. 0211 M. Loell" 1 . l , Idl w ld L •• • 0 Remove & Replace Concrete Walk 165 L.F. Estimated Cost $ 279.36 186.24 .;65.60 817.77 3.12 27 . 36 279. 6 27 • Situs ;ddress 2880 2911 2946 2 0 2 0 • • • SOUTH BROADWAY CONCRETE REPLACEMENT PROGRAM 1983 Owner Cohen, Helen G. & Simon, Jeanne G., Jt. Ten. 1653 Vine St. Denver, CO 80206 Four Corners Associates 6000 E. Evans Ave. Denver, co 80222 Bear Frame Axle Service Co. 2946 s. Bra dway Englewood, co 80110 Service Co. Oenv r, r Axle Service Co. 118 0204 L. ' ' 110 Legal Description Lots 18-21, Blk. 4, Killies Sub. ReSub. 6/7 Lots 44-48, Blk. 17 Speer's Bdwy. Addn. Lots 5-16, Blk. 1, Str yer's Bdwy. Hts. Lo 18, Blk. 1, Str yer 's Bdwy. Hts. Lots 19 & 20 , Blk. 1, Strayer 's Bdwy. ll s. Lo 42 1/3 of 41, B1k. 24, r'• Bdwy. Mdn. s 2/l 0 24, r's • 8lk. 24, r'• • Remove & Replace VC&G 48 L.F. 6 L.F. 24 L.F. 10 L.F. 30 L.F. 33 L.F. L.F. 6 r..F. 0 Remove & R2place Concrete Walk Page 2 Estimated Cost $ 744.96 93.12 372.48 155.20 65.60 512.16 .12 - Situs Address 3057 3080 3080 3100 3101 3120 3l3 147 Jl • • • SOUT:-! BROADWAY CO.'iCRETE RL?LACEI1ENT PROGRAL'I 1983 Owner Foerster, Laurene P., et a1 3057 S. Broadway Englewood, CO 80110 Schomp, Mary Margaret & Lisa J. & Caroline & Roberts, John s. 2949 s. Broadway Englewood, CO 80110 IMEX Corporation , c/o Ralph Schomp Oldsmobile 2 4 s. Broadway Englewood, CO 80110 Burt Properties, Inc. 5200 S. Broadway Englewood, CO 80110 Axtell Associ tes, Inc. 10641 u.s. Hwy. as Littleton, CO 80120 Burt Properties, Inc. 5200 s. Bro ay Englewood , Co 80110 oreen, Stanley 6071 s. Franklin S . Lit le on , CO 0121 Legal Des=iption Lots 33 & 34, Blk. 24, Speer's Bdwy. Addn. Lots 10-12, Blk. 8, Strayer's Bdwy. Hts. Lots 13-24, Blk. 8, Strayer's Bdwy. Hts . Lo a 1 ' 2 , and 15' of Lot 3, Blk. 4, Rose Addn. Lots 45-48, Blk. 1, Hee'a .Addn. Lots 4-7, Blk. 4, Ro Addn. Lots 35-41, lk. 1 , H e 'a Ad Lots 37, lk. 1. ll e 's M n. Lo 2 H, Ilk. 1, I 'a • Remove & Replace VC&G 6 L.F. 12 L.F. 18 L.F. 24 L.F. 12 L.F. 16 L.P. 4 L.F. c..r. 25 L.P. 0 Page 3 Remove & Replace Estimated Concrete tialk Cost $ 93.12 . 186.24 279.36 372.48 186.24 248.32 300 S.F. l,l) . 13 .6 • l S.F . 557. Situs Address 3170 3195 3200 3211 32 32 3242 3250 3.2 ) 32 4 • • - SOUT"rl BROADWAY C(lllCRETE REPL.l\CEMENT PROGRAIII. 1983 Owner Legal Description Remove & Replace VC&G First Baptist Church 3170 s. Broadway Englewood, CO 80110 Lots 11-24 , Blk. 4, Rose Addn. 104 L .F. DeSena Associates 1660 s. Albion St., #302 Denver, CO 80222 Harick, Inc. c/o Harry D. Richardson 5555 S. Monaco St. Englewood, CO 80110 Huron Partnership 1515 Arapahoe St., Denver, co 80202 Mosko, Aaron ' Jean 4050 S. Broadway Englewood, CO 80110 1600 Lots 25-27, Blk. 1, Hee 's Addn. Lots 1-3, Blk. 5, Rose Addn. Lots 21-24, Blk. 4, S .G. Hamlin' s Bdwy. Addn • Lots 4-8, Blk. 5, Rose Addn. Pritchard, Robert E. Lots 9-ll, Blk. 5 , Rose Addn. Rose ry E. 3242 S. Bro dway englewood, co 0110 Pritch rd , Robert E. 7711 s. Race s Lit le on, CO 0122 McLauqhlln, Prank 8. 1014 ~ s 020 Lo s 12-15, Blk. 5, Ro e unpla d Oenv r, Inc. Lo • 16-0 , Blk. 5 , Ro y OllO • n. 6 L.F. 50 L.F. 30 L.F. 60 L.F. 18 L.F. 52 L.F. 50 L.F. U L.F. 0 Remove & Replace Concrete lialk .. Page 4 Estimated Cost $1,614 .08 93.12 776.00 465.60 931.20 279.36 07.04 77 .oo 217.28 • - Situs Address 3285 3295 (3291) • • • SOu'L-i BROAD\'iAY CONC RETE REPL'<C£1-IENT PROGRN-1 1983 0\mer Mtn. States Tel.& Tel. Co. 931 -14th St. Denver, CO 80202 Holthaus , Barbara 3483 S. Acoma St. Englewood, CO 80110 Bedore, Melvin L. Shelley L. 3298 S. Bro dway Englewood, co 80110 Coleman , Barry F. ' Jeannette 3305 s. Broadway Englewood, CO 80110 Fiedelman , Stuart ' Re f ~ H pner, Rosalyn 3515 s. Hillcrest Dr. Denver, CO 80237 Frie n, rtrude 1201 -18 h s . Denv r, CO 0202 o• r ht, Mary c. Oranafeld , rr Gunhild ' P'avl.ll, M.A. o• reeh , " y c. .. 0 na el , P'red Gunhil d P'av n. M.A. II. Legal Description unplatted unplatted Lots 21-24 , Blk. 5, Rose Addn. E 150 ft. Blk. 7, o:r111andy Addn •• no vacated Lots 6 ' 47, ' s 16' of Remove & Replace VC&G 10 L.F. 15 L.F. 30 L.F. 24 L.F. 12 L.F. Lot 8, Blk. 1, Enwood loddn. Lots 44 ' 45, lk. 1, &nwood 0 L.F. Addn. Lo • 40 ' 41, Blk. t. tnwood 12 L.f'. loddn. 6 L.P'. Loa J -4, alk. 1. n. 6 L. Lo 2 ' lk. l, L. . • 0 Page 5 Remove & Replace Concrete Walk Estimatec Cost $ 155.20 232.80 465.60 372.48 186.24 465.60 18 .2 3.12 .l .1 • Situs Address 3020 2885 2949 • • • SOUT"d 3ROAmiAY COt'lCRETE REPL!\CB-!ENT PROGRAM 1983 Owner City of Englewood 3400 s . Elati Englewood , CO 80110 Jack, Frank G. & Mary E. 3020 S. Broadway Englewood, co 80110 Watters, Paul F. 2543 S. Broadway Denver, CO 80210 Western S ates Finance Corp. c/o lph s. Schomp 2949 S. Broadway Engl wood, co 80110 Legal Description unplatted Lots 6-9 , B1k. 8, Strayer 's Bdwy. Hts. Lots 27 & 28, Blk. 16, Idlewild Lots 21-40, Blk. 17, Speer's Bdwy. Addn. Remove & Replace VC&G 58 L.F. 6 L.F. 18 L.F. 21 L.F. 0 Page 6 Remove & Replace Concrete Walk Estimated Cost s 900.16 93.12 27 .3 325. 2 - ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE July 28 , 19!!3 AGENDA ITEM " I I NITIATED BY Mayor Euge n e L. Otis SUBJECT APPOlNTMEN T/URHA N RENEWAL AU TIIORllY AC TION PROPOSED That City Co un cil concur in the mayoral appointment o f new member to th e Englewood Urban Renewal Authority. BACKGROU D Mr. Larry A. Dickinson has resi ned as member of the Engle woo d Urban Renewal Authority effective July 25, 1983. There pre ently exists an alternate member of th EURA, Su n an Dyke. M . an Dyke h s served as an altern t inc February 7 , 1983. DTRECTJV f: It is the Consideration will to th e LURA ln tl e DY E, 570 East Amherst Urb n Renewal Authority The appointment is 19 6. to th :!ppo•nt cnt of an altern a t e llll'lllhl'l • I .