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Home My WebLink About1981-08-17 (Regular) Meeting Agenda• • - 0 CITY COUNCIL MEETING -Regular August 17, 1981 • • • • • CITY COUNCIL MEETING August 17, 198!_ ---~ RESOLUTION t1 _l1( y: , 41, 42 ORDINANCE t1 _jl'{, ¥'· )'5. 66, 67, • 0 0 I . . • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 17, 1981 I / 7 :30P.M. Call to order, invocation by Reverend Tom LaFleur , i l Hampden Hills Baptist Church, East Dartmouth and South University Blvd., pledge of allegianc e by Boy Scout Troops #115 and #154, and r o ll call . 'J' / ' " \~ . ;;rvL / t tu , C'---.-- 1 . Minutes. n-e (a) Minutes of the special meeting o f July 27, 1981. (Copies enclosed.) (b) Minutes of the regular mee tin g (Copies enclosed.) of August 3. 1981 . ~v"' (c) Minut es of the special meeting o f Au g u st 10, 1981. (Copi es enclosed .) 2. Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 mi nu tes.) 3. (a) Presentation of awards to va rious board and commission members. (Hemora nd um from the City Manager enclosed .) (b) Mr. James L. Brenneman, Arapahoe House, will be present to request City Council to increase the 1982 apportionment a nd for an additional supple- ment apportionment for 1981. (Copies enclos d.) Other Visitors. (Please limit your presentation to 5 minut s.) 4. Public H ring. Communic tions -No Action Recommended. (a) Minut s of th Housing Authority m ting of Jun 22 nd 24, 1981. (Copies enclo d.) • I • • • • • Page 2 August 17 , 1981 Age nda 6. 7 . L ) ~ b- Communications -No Action Recommended (Con t inued). (b) Minutes of the Water and Sewer Boa d meeting of July 28, 1981 . (Copies enclosed.) (c) Minutes the Board of Adjustment an d Appeals meeting of August 8 , 1981 . (Copie enclosed .) Communications -Action Recommended. -'}U -~L( > City Attorney. Ordinances on Final Reading . (a) (b) (c) Ordinance approving a collective b ~rgainin g agreement by and between the City f Englewood, Colorado, and Englewood Employees s s ociat ion effective January l, 1982 through ecember 3 1, 1981. (Copies enclosed .) Ordinance approving a collective b r g aining agreement by and between the City f Englewood , Colorado, and the Englewood Fire Fighters Association effective January l, 198 2 throug h December 31 , 1983 . (Copies enclo se d .) Ordinance approving a collective b rga ining a g reement b y and between t he Ci t y of En g l e wo o d, Colorado, and t he Englewood Pol i c Be nefi t As socia t ion e f fective January l, 19 8 2 t hroug h Decem b e r 31, 19 83 , a p pr ov in g an add n dum to the 1 980-1 98 1 Co n t ra ct be t we en th City of En glewoo d a n d En g lewoo d Po l ice Benefit Associ- ation. (Copies e nclosed.) Bills for Ordinances. ( Bill repealing Section s 1, 2, 3 nd 4, of Chapter 4, Title IX, Englewood Municip 1 Code 1969, as amended, con cerning food d lers. (Copies enclosed.) Bill for th control of items of ccumul t upon a nd ne d removal prop rty within the City of Engl ~ood in ord r to int in cl an, b utifu l, a Ci y, nd providing standards, pr r di th r for. (Bill nd Coun t on fr m th Community D v lopm nc los d.) • I • • • • • Page 3 August 17, 1981 Agenda \t 0 7. City Attorney (Continued). 8. )\_ t Bill approving a contract between the City of Englewood and the State of Colorado, Department of Highways, concerning maintenan ce of traffic control devices on State highways within the City of Englewood . (Bill and Council Communication from the Di rector of Public Works enclosed.) Bill approving the whole cost of the improve- ments made in Downtown District No. 1980 -l, in the City of Englewood, Colorado ; approving and confirming the apportionment of said cost to each lot of tract of land in said District ; assessing a share of said cost against each lot of tract of land in the District ; prescribing the manner for the collection and payment of said assessments; and declaring an emergency. (Copies enclosed.) Resolutions. Resolution authorizing the noti ficat ion of pro- perty owners o f assessments f or Downtown Improve - ment District No. 1980-l; and establishing a date for a public hearing on said assessments. (Copies enclosed .) Resolution appointin g John W. Smith, III, Associate Hunicipal Judge for t he City of En glewood. (Copies enclosed.) Proclamation. (j) Oth (k) City ( ) Proclamation proclaiming September 8, 1981 as National Cancer Day. (Copies enclosed.) r Matters. Attorn y's A u n llt y t ~ <1 ,_ Choice. / J J I {))1 ,. f .. / ({ .; . Hanager. Council Communication from the Dir ctor of Community D velopm nt concerning travel approv 1 for Ex cutive Dir ctor of th Engl wood Housing Au hority . (Copi s nclos d.) • I • • • • • • Page 4 August 17, 1981 Agenda Manager (Continued). Council Communication from the City Manager concerning the Municipal Golf Course Driving Range Improvements. (Copies enclosed.) 4-(c) ~l'~ 0 Council Communication from the City Manager concerning a Resolution relating to Title II Funds. (Copies enclosed.) (d) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Memorandum from Mayor Pro Tern Bradshaw ..-ttJ._b-concerning her NAHRO Conference in San j ;_A,.,_{)w.J.. Antonio, July 31 to August 2, 1981. JVvv (Copies enclosed.) 10. ~) dnw.rtYl.Q~ 1n ~-unrtiiui')'L.. ~~ Adj ournm\n t '-f'vrrn l?rza.cta-? '-; t,rtz;/)UJ.. 1 _.a £ ·?X4t · ~ A.L ~~'t-'~Od!J,()G . A~'7coWN _, J ("' , ' City Manager ~1 C) AM/sb • I • • • • • ROLL CALL Moved Seconded sta1n Aye Nay Absent Ab • HrC!day Neal Fitzpatrick Keena Bi lo Bradshaw Otis ~ )2; ')~ c. J~v {?~ Y3"f ;J; rul-\1•-"~",<!fttt: v~ • w tJ.-1-t _L.-<J_J) ~)c.. ~IU ''-" uxJ1 v:J<-~r~ /}Ld a t2a ,, I& • I . . • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday v-- Neal v- Fitzpatrick ~ Keena t.-- Bi lo L--- Bradshaw v Otas _k-- I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstai n Hiqday I Neal I Fitzpatrick I .....---Keena I Bi lo L--v Bradshaw I Oti s I • I . • • • • • .. c \ 1 ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ' Neal I ....,-Fitzpatrick I Keena .....___ Bi lo '---.__.... Bradshaw I Oti s I /?L- I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain -I I J I I - Hiqday ~ I l Neal I -Fit~atrick I I -Keena I I l -J r--..,.- Btlo l_ j_ _1 l r-- Bradshaw _[ r l l ...--r-- 1 Ot is c 1 cl !b I • • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday 1 Neal I v-F i tzpat rick I Keena Bi lo - ~ Bradshaw I Oti s f /c_ • I . • • - • Moved Seconded Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis -~.<JA..., /1?.:2 • • • ROLL CALL Aye Nay Absent Abstain Lf'--O<JV/u t<_,_,(J-a i cU_ ~ ~ p1. v1{ ~ _ "c..r~ ... Zl .t '<X':fr .. ~ ( .... -u/z.' t~ I)"' ,f'f d_t_ Cl ~)' •)f. l'~ ~~~ ~ ~-'-4 1, .j t · ~riV vu4.J ~-~tl ~ I I I I tl <-I t?/~ I • • - • • • • • \ I ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis {iL.J ~.z t(_ )-A.-~~ _;t)u-f ft t.e_ ~e)< J' r 't' c ?U vr- --~d<-.oY) ~ '"~~ #v ~~u-n f/n" _/ ~'L-O-U. ~..a~ . ~')T ~ -~"l'l-OA..~.a..u'c/) cJ.u 1 t t ~~ V--t-lic:&AtlJ 'jc:ft d..-~?i_,;? ~w---u'1 _,_ JL.th.4f ,d<-w~i 2-}_J-~t-'-u__ c-tl ~~u ~1 c~~~_~~~z_.,~~ ~ :J /17! / , ~ e /i'LTJ --<->< ht • • lw I . • • '. • » ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I • • • • • • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hig_day_ 1 ......... Neal I Fitzpatrick I v Keena Bi lo I Bradshaw I Otis I • • • • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain Hi~day I Neal I .._../ Fitzpatrick I Keena Bi lo c..--._..... Bradshaw I Otis I 7C/l I • • • • • - • • -c ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I .............. Neal I Fitzpatrick , Keena Bi lo -v ./ Bradshaw I Otis I I • • • • • • t c • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I -Neal .__. Fitzpatrick Keena I Bi lo -Bradshaw I Otis I I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain v Higday v Neal Fitzpatrick Keena Bi lo Bradshaw Otis f d ----- J~ t?-r~/~~~ ,L -<:.-~ ('_/LL<. ~ }i.. ( C- tt~ ~'yj~ tU A-1 ~<UA..-t.J • c:..-C t'U 1 -/)'1--0 /t...MLLU dJ • I . . • - • • c 2 £ ROLL CALL Moved Seconded Aye Nay Absent Absta i n Higday ,___ Neal I ....... Fitzpatrick T Keena Bllo ,___ v-Bradshaw I Otis ' !Ju ,, j --fh cL fiJfi q_j /'><7 trJl{ JL tJ.-L t_? /Ufl_ rp(# t-p • • I . • • • • - • • < a ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal ~ Fitzpatrick ~--'"" Keena Bi lo Bradshaw Otis (}IL~~-yos s~1 ()~ I 1 v i 6 f .. '[;/ J..d' IJJO'-0 -J. c~ . F ~rd'f..; (o Li ? 1 'l • L • )-( t n J )V I ' • ) L 1_~ -......J 1 S"' {& [--:l ' 5 J ft,-. v • • • • • < ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I v Neal I Fitzpatrick I Keena ..._.... 8110 v-Bradshaw I OtiS T cr -cr--r/ I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I Neal I Fitzpatrick I t--Keena 8110 -;...--Bradshaw 1 OtiS I I • • • • • • • . c ROLL CALL Moved Seconded Aye Nay Absent Abstain v Hiqday l_ Neal I z.....-Fitzpatrick I Keena B1lo -Bradshaw 1 OtiS I I • • • • • - • , . • ROLL CALL Moved Seconded Aye Nay Absent Abstain L-Higday 1 Neal 7 V' Fitzoatrick I Keena I Bi lo -t--Bradshaw J OtiS I 4 -lcf -f7 • • I . • • • • • • ROLL CALL Moved Seconded Aye Nay Ab s ent Abstain -Hiadav 7 Neal I V' Fitzpatrick ~ I Keena I B1lo Bradshaw 1 Otis I I . • • • - • • < , -- ROLL CALL Moved Seconded A ye Nay Absent Abstain Hiqday 1 Neal I 1/ Fitzpatrick v-Keena I Bi lo -Bradshaw I Ot1s I I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday Neal Fitzpatrick Keena Btlo Bradshaw Ot1s 1 /~ . ~4£ ,lfi? u~ Yl~ dfl~ I (j I tlf/) JU r , rl ~ LfiY, I • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I Neal Fitzpatrick ----Keena I Bl lo ---Bradshaw f Otts T • I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzoatrick Keena Bi lo Bradshaw Otis jJ?t1 vAaw jltu } ) I) I ) !I 12 /) 'j)t ,1l ,; ',d- .. '? l J. t ~ i-v.-J.M J ( t l 1:_./ I I.Lfl ~ (I c -;;-')..( I I . • (~} • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday Neal Fitzpatrick Keena Bi lo Bradshaw OtiS ~a/ 8:cJ:i' f·~u. J; s 0 I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday - Neal ---Fitzpatrick t--- Keena ~ Bi lo v- Bradshaw v- Ot1s J-.-" I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain 1 Hiaday Neal - Fi tzoatri ck - Keena Bi lo - Bradshaw Otis Jh'-Ctv ,_ fU-Ji. ' ' /A l1"-' c.<,' }:-l<•v · < ,j:; ~<'I.. /.;:at. J' ~ /Y>LPLL. <-a I "z 1u 0 1 . "' ... to / J_,_,c "'--" '"'--' 1 f~'-:J 'c 0~-~UJ ..£/p ('/)1 ,)-t ,u t'j'-' "-:.'1-/' y:J "!: ; A(_£~ df>« ,L lcr 1 u <to' J'~& ~'-<. k~ -~;Lu ,~ ~a::J --!!ffi.rr L-J--Clfol :1 r !I lt. 1-J- -0. 1'-ij I ~!J' ___,-J'Li-aC. /3-1:~ c/v 0-<'<J- '-/C I • • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I Neal I v Fitzpatrick I Keena Btlo -v Bradshaw 1 OtiS I 0 I • • • • • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain L;-" Hi a day I Neal I Fitzpatrick I Keena I Bi lo L.--Bradshaw J Otis I I . • • • - • !' • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav Neal Fitzoatrick Keena Bi lo Bradshaw Ot1s I . . ------------------------• • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I Neal _l_ Fitzpatrick 1 v-Keena I Bi lo -v Bradshaw I Oti s I • I • • • • • - • • ROLL CALL Moved Se conded Aye Nay Absent Abstain ~ 1-Hi oday ~ Neal 1--F i tzoat rick - Keena - Bi lo I Bradshaw L I Otis I ---1 j;t4 ?L o/),z.Ltb L -J • I . • • • - • • ... ROLL CALL Moved Seconded Aye Na y Ab sent Abstain t/ Hiqdav -....... Neal Fitzpatrick Keena Bi Jo Bradshaw --?'" Otis C- • I . • • • • ' . • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday 1 Neal Fitzpatrick Keena Bi lo Bradshaw Otis ./Y>1 I . • • • ' . • • • - c-, J ; ) {' MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: August 12, 1981 SUBJECT: SE RVICE AWARDS FOR VOLUNTEERS At the direction of City Council, this office with the cooperation of the Board and Commission secretaries has compiled a list of citizens who have completed five, ten, fifteen, and twenty years of cumulative volunteer service to the Ci ty as a member of a Board, Commission or Authority, as well as service as a Council Member. A list o f those individuals is attached. Letters have been sent to each of them inviting them to atte nd the August 17 Council meeting to officially re c eive their service awards. This presentation will be at the beginning of the regular Cou ncil meet ing. Every effort possible has been made to assure this list being complete. However, should you become aware of any- one we have missed, a call to our office would be appreciated. Manager p c cc: Ric hard S . W nu s h, Assistant City Manager Dan Val nt i n e , Ad mini s trat i ve Intern • I • • • • • - SERVICE AWARDS TO MEMBERS OF CITY COUNCIL, AUTH ORITIES , BOARDS AND COMMISSIONS August 17, 1981 20-year '~r/J RUTH ALLEN -Parks & Recreation Commission -June, 1960 to pre se nt ~ Total se rvice -21 years, 2 months. 10-year HOWARD BROWN -City Council -1969 thru 1977 -served as Council representative on: Planning & Zoning Commission Public Library Board Board of Adjustment & Appeals -February, 1978 to pre se nt Total service -12~ years . . /).\..ttY GRAYSON HARTLEY -Firemen's Pension Board -1967 to present Total se rvice -14 ~ years. ROBERT LEO ARD -Board of Adjustment & Appeals -Au gus t, 1970 to present Total service -11 years. JOHN MAXWELL -Public Library Board -1966 -1976; Downtown Development uthority -October, 1978 to present Total service -12 years, 9 months. ~' KAY ROBERTS -Re 1rement Board -1970 to present Total rvice -11 years. BEVrRLY SIMO -Publi Library Board -1965 to 1978 Total service -13 yea rs. 5-ye r GEORGE ALLL . -City Council -1964 thru 1967 (Mayor 1966-6 7) - served as Council representative on: Water & Sewer Board Parks & Recreation Commission Firemen's Pension Board Polic men's Pension Board Downtown Development Authority -October, 1978 -March, 1981 Planning & Zo ning Commission -March, 1981 to present Total ervice-6 years,9 months. ELIZABETII BEIER llousing Authority -January, 1973 to present; Urban Renewal Authori t y -February, 1974 to present Total service -8 years, 7 months. ROBERT BRU DAGl • areer S rvicc Board -Nov mber, 1975 to present Total service 5 years, 9 months. T ~1 BIJR S llou lng Authority -Ja nua ry, 1973 to pr Renewal Authority -February , 1974 to pr sent Total crvic • 8 years , 7 months . • nt; Urb n I • • • • • • Page 2 5-year (con tinued) \ DAVID CLAYTON -City Council -1974 thru 1979 -served as Council representative on: Public Library Board Retirement Board Firemen's Pension Board -1970 -1972 Total service -8 years. DONALD FULLERTON -City Council -1964 thru 1968 -served as Council representative on: Planning & Zoning Commission Water & Sewer Board -1973 to January, 1976, and March, 1 98 1 to present Total service -8 years, 5 month s. THOMAS GIBSON -Water & Sewer Board -March, 1976 to present Total service - 5 years, 4 months. OLIVER GISEBURT -City Council - 6 months of 1979; Firemen's Pension Board -February, 1975 to February, 1981 Water & Sewer Board -June, 1980 to present Total service - 7 years, 6 months. JUDITH HE NI G -City Council -1972 to June 1974 -served as Counc1l representative on: Retirement Board Water & Sewer Board Planning & Zoning Commission Firemen's Pension Board Policemen's Pension Board Planning & Zoning Commission -July, 1970 to January, 1974 (part of this as Council representative); Career Service Board -March, 197 to ugu t, 1980 Total service - 7 years , 6 month . SJ:I.I'IYN III:WITl -Parks & Re c reation Commtssion, August, 1972 to fay, 1981 lotal service -8 years, 9 months. FRANCES IIOWARn -Pad. & Re rcation Commic;sion, F bru ry, 1974 to pre nt .lO ll Total er i 7 years, 5 months. I. Y -Ci y Coun il rcpre cntative on: Park. & Rccr at r ft Sewer -1968 thru 1972 -scrv d as Council tion Commission Board ~'i \I·R ' MA -C it y Co uncil -1974-Nov mb r, 1979- Counci l pr 'Hn a ivc on: P rk s ~ R Lr ation Commis ion rved s llou in & llrb.n Rcn w 1 Authoriti 'lot I r ice -S y r , 11 months . • I • • • • • Page 3 5-year (co ntinue d) HER B~RT MO SBARGER -Urban Renewal Authority -February, 1973 to Fe bruary, 1981 Total se r vic e -8 years. LOUIS P RKI SON -City Co unc il -1966 thru 1 969 -served as Council represe ntativ e on: Plann i ng & Zon i ng Comm ission Planning & Zoning Commission -19 64 -1965 Total service -6 yea rs. JUDIT H PI ERSON -Planning & Zoning Commissio n -Mar ch, 1975 to pre se n t Total se rvi c e -6 yea rs, 5 months. WERN ER SCHNACKENBERG -City Co uncil -1973 Water & Se wer Board -1973 to present Housing & Urban Renewal Authorities -1973 to February, 1974 Total servi ce -9 years, 1 month. MILTON SE TI -Ci t y Council -1970 thru 1973 (Mayor 197Z-73) - served as Council representative on: Planning & Zo ning Co mmiss ion Water & Sew er Board Firemen's Pension Bo ard Policemen's Pen si on Board Planning & Zoning Commissio n -January, 1980 to present Total ser icc -5 years , months. DON J.D SEYMOUR -Board of Adjustment & Appeals -Mar c h, 1975 to pr cnt Total service -6 yea r s , 5 mon hs. LOI SlURJ.I ·c -Public Libr ry Board -1973 to Mar ch, 19 1 Total crvicc -8 years. E OIJ I I lA. GUMA Pl nning & Zo ning Comm1 ion -February, 1973 - pr ~ nt Tot ·er\lCC JA~ll~ a JO LLI.f: TUR I.R • rot 1 -yea r ' 6 mon h -June, 19"'4 thru 1979 - on: Bo rd • July, 1975 o pr nt • to erved I • - • • • • Page 4 5 year (c ontinue d ) CA TH LRIN E ULL ERY -Water & Sewer Board -March, 1975 t o March, 1981 To al Service -6 years. EDWARD WHITE -Career Service Board -October , 1975 to March, 1981 Tot al servi c e -5 years, 5 months DON ALD WIL LIAMS -City Cou ncil -1976 -1980 -s erv e d as Coun c il rep resenta tive on : Planning & Zoni ng Commission Retirement Board 8/11/ pc P l ann i ng & Zo ning Co mmission -February, 1 98 0 t o February, 1981 To tal service -5 years. • I • - • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COL ORADO July 27, 1981 \CL' The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 27, 1981 , at 5:05p.m. Mayor Otis, presiding, called the meeting to order. The invocstion was given by Mayor Otis. The pledge of al- legiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Rigday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Absent: Council Member Keena. The Mayor declared a quorum present. • • * • • • Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt ORDINANCE NO . 58 SERIES OF 1981 Deputy City Clerk Johannisaon • • • * • • BY AUTit OR tTY COUNCIL BILL NO. 59a INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE MAKI G IT UNLAWFUL FOR PERSO NS TO ENTER OR REMAIN UPON THE PROPERTY OF ANOTHER WITHOUT PERMISSION, AMENDING THE '69 ENGLE- WOOD MUNICIPAL COD , TITL XI, CHAPTER 9, SECTION 8, TITLED "CRIMINAL TRESPASS .. AND DECLARI G AN EMERGENCY. COUNCIL ME MB ER FITZPATRI MOVED TO PASS COUNCIL BIL L NO. 59a, SERIES OP 1981, FINAL READING. Council Meaber Bilo second d th motion. Upon a call of the roll, th vote reaulted as follows: Ayee : Council H mb ra Rigday, N al, Fitzpatrick, Bradshaw, Otis • • I • • t • July 27, 1981 Page 2 Nays: Absent: None. Council Member Keena. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis adjourned the meeting without a vote at 5:10 p.m. • I • • • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 3, 1981 I b REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 3, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Karold Opperts- hauser, First Baptist Church, 3170 South Broadway. The pledge of allegiance was led by Boy Scout Troops #115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE TKE MINUTES OF TKE REGULAR MEETING OF JULY 20, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. Th Mayor declared the motion carried. * * * * * * Pr -sch duled visitor, Jim Smith of Rocky Mount in Ca- tering, 2730 South T jon Str t, w s pr s nt. Mr. Smith r qu It d • I • • • August 3, 1981 Page 2 • • • a change in the code allowing sales fr om his vending trucks to employees of various businesses at the p l ace of employment. Council Member Keena instruct d the City Attorney to prepare an ordinance effecting Mr. Sm ith's request. Council Member Neal instruct e d the City Attorney to include a clause repealing 9-4-1, "Sale s from Vehicles Prohibi- ted" in its entirety. * * * * * ~ Pre-scheduled visitors repre s en ting Co-Champion Food Drive Days were not present. COUNCIL MEMBER KEENA MOVED TO TABLE CONSIDERATION OF A PROCLAMATION DECLARING AUGUST 8 AND 9, 1981, AS CO-CHAMPION FOOD DRIVE DAYS. Council Memb e r Bilo s econded the motion. Upon a cal l o f the r o ll, the vote resulted as follows: Ay e s : Coun ci l Members Higd ay, Neal, Fitzpatrick, Keena, Bilo, Brad shaw, Otis. Nays : None. The Mayor dec lared the motion c arried. * * * * * * Mayo r Ot is asked if t here we r e any other visitors wish-ing t o speak at th is t im e . Pa ul He n d ri c k s, 4001 So uth Ela t i Street , appeared be- fore Co un cil. Mr . Hen drick s e xp re ss ed h i s concern s about a re- cent ne ws paper article in the Englewood Se ntinel indicating Englewood as h ving a high crim rate . Mr. Hendr icks stated he felt polic officers were spending too muc h time on le ss s e riou s crim s nd not enough on investigating the more s erio us o ne s. Council Member Fitzpatrick sta t e d the po lice depar t - ment w s doing the best possi b le job . Mr . Fitzpatri c k encouraged neigh borhood w tch progr m to h l p de t r crime. * * * * * * Roy E tin, 4546 South Lip n Co u rt, appea re d before Council. Mr . E stin asked if the Direc t r o f th e Englewood Do wntown D velopment Author i t y wa s City employe . Council r eap n d d that h w s e mplo y ~ b y th Au t hority and wa s n o t City mploye • • I • • - • • • • August 3, 1981 Page 3 Mr. Eastin asked if a designer for the community cen t e r h ad been hired and for what fee. City Manager McCown stated the maximum fee was $2 5,000 . Discussion ensued on cost figures for th e com- mu nity center. Members of Council stated this information was unknown. Also, the community center decision would de- pend o n the vote of the people. * * * * * * Daniel Herbold, 4520 South Lipan Street, appeared be- fore Council. Mr. Herbold discussed concerns he had about the golf course clubhouse. * * * * * * There were no other visitors at this t im e . * * * * * * COUNCIL MEMBER KEENA MOVED TO OPEN THE PUBLIC HEARING CONCERNING AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX RE- VENUE BONDS IN THE TOTAL PRINCIPAL AMOUNT OF $2 ,215 ,000, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL GOLF COURSE CONSISTING OF A NEW CLUBHOUSE AND CONSTRUC TING AND INS TALLING IM- PROVEMENTS TO THE MUNICII:'AL SANI TARY SEWER SYSTEM AND DETAILS IN CONNECTION THEREW IT H. Co un cil Memb e r F itzpatrick seconded the mo- tion. Upon a c a l l o f the roll, the vote r e sul te d as f ollows: Ayes : Na ys : Co un cil Members Higd a y, Neal, Fitzpatrick, Keena, Bilo, Br a dshaw , Ot is. None, The Mayor declared the motion carried . City Manager McCown st ted the ordinance authorize s t he i s suance of use t x revenue bonds in the amount of $2,215,00 0, for t h e completion of a clubhouse for the munic i pal golf co urs e; and f o r construction of a sewer line in northeast Englewoo d. The low bi d for the bonds w Kirchner, Moore & Co mpany at 10 .9 223 5 ~. Mr. McCo wn stated f u nds from the projects themselves would re p a y t h e b onds . Ma y or Oti sked is nyon wished to speak in fa vor of th issuan c . No one responded • • I • • • • • • August 3, 1981 Page 4 Mayor Otis asked if anyone wished to speak again st the issuance. No one responded. COUNCI L MEMBER BI LO MOVED TO CLOSE THE PU BLIC HEAR I NG. Counc i l Member Keena seconded the motion. Upon a c 11 of the roll, the vote resulte d a s follows : Ayes : Nays : Co unc i l Members Higd ay , Neal, Fitzpatr i ck , Keena , Bilo, Bradshaw , Otis . No ne. The May o r declared t he motion carried. BY AUT HORITY ORDINANC E NO. 59 SERIES OF 1981 COUNCIL BILL NO. 64 INTRODUCED BY COUN CIL MEMBER BRADS HAW AN ORDINANCE AUTHOR IZ ING TH E I SSUANC E OF USE TAX REVE NU E BONDS OF THE CITY OF ENGLEWOOD, COLORADO , I N THE TOfAL PRI NCIPAL AMOUNT OF $2,215 ,000, FOR THE PURPOSE OF CON ST RUCTING I MPRO VEMENTS TO THE MUNI CIPAL GOLF COURSE CONSISTING OF A NEW CL UB HOUSE, AND CON- STRUCTING AND INSTALLING IMPROVEMENTS TO THE MUNICIP AL SANITARY SEWER SYSTEM ; PRESCRIBING THE FORM OF SAI D BON DS AND I NTE REST COUPONS ; PROVIDING FOR THE PAYMENT OF TH E PRINCIP AL OF AND IN- TER EST ON SA I D BONDS FROM THE REVENUE S OF THE MU NICIPAL USE TAX ; AND PROV I DING OTHER COVENANTS AND DETAI LS I N CONNECT ION THERE- WITH. COU NCIL MEMB ER BRADSHAW MOV ED TO PASS COUNCIL BILL NO. 6 4, SE RIES OF 1 98 1, ON FINAL READ I NG. Council Me mber Nea l se con d ed t h e motion . Up on a ca l l of the roll, the vote re su lt ed a s follows: were: Ayes : Nays : Council Members Higday , Ne 1, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried. * * * * * * "Communic tiona -No Action Recommended" on the agenda (a) Minutes of th Wat r and Sewer Board m et- ing of Jut.~ 30, 1981. • I • • August 3 , 1981 Page 5 (b) (c) (d) • • • Minutes of the Planning and Zoning Commission meeting of July 7, 1981. Minutes of the Liquor License Authority meet- ing of July 8, 1981. Minutes of the Public Library Advisory Board meeting of July 14, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO AC TI ON RECOMMENDED", AGENDA ITEMS S(A) -S(D). Council Memb e r Bi lo se c onded the motion. Upon a call of the rol l, the vote resul ted as f ollows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Th e May o r declared the motion carried. * * * * * * Mayo r Ot i s presented a Council Communication from th e Dep a rtment of Commun i ty Development concerning an encroachm e nt of a metal ho od over th e right -of-way for West Kenyon Avenue at 3701 South Inca Street. Coun cil Me mber Neal directed the Ci ty At t o rney to re - s earch the possibility of mak i ng similar reque sts fo r enc roach- ments n administrative function . COUNCIL MEMBER BRA DSHAW MOVED TO APPRO VE THE ENCROA CH- MENT OF A METAL HOOD OVER THE RIG HT-O F-WA Y FOR WEST KENYO N AVE- NUE AT 3701 SOUTH INCA STREET. Council Member Fitzpatrick sec- ond d the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried . * * * * * * City Attorn y DeWitt discussed an amendment to Council Bill No. 63 which expl ina that $34,320 included in th gr nt am un of $390,000 paya for xp ns a of the City in dminiat r- ing th gr nt • • I • - • August 3, 1981 Page 6 • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE AMEND- MENT FOR SECTION B. FOR COUNCIL BILL NO. 63, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 60 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $390,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMEN T BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUS I NG AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. COUNC IL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 6 3 , SER I~S OF 1981, ON FINAL READING. Council Member Fitz- patrick s econded t he motion. Upon a call of the roll , the vo te r esul t ed as fo llows : Ayes: Nays: Council Members Higday , Nea l, Fi tzpa t r ick , Keena , Bilo , Bradshaw , Ot i s. None . The Mayor declared the motion carried . ORDINANCE NO. 61 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE PURSUANT TO TITLE Ill, CHA PTER 3, OF THE ENGLE WOOD MUNICIPAL COURT, ASSESSI NG AGAI NST CE RTAIN RE ALTY THE COST OF REMOVAL OF A DANGEROUS BUILDI NG THE REFRO M BY THE CITY OF ENGLE- WOOD PLUS AN ADMINISTRATIVE CHARGE AND PENALTY. COUNCIL ME MBER KEE NA MOVED TO PASS COU NCIL BILL NO. 65, SERIES OF 1981, ON FINAL READING. Council H mber Bilo 1 cond d th motion. Upon a c 11 of th roll, th vote r eulted a follows: • I . - • • • August 3, 1981 Page 7 Ayes : Nays : • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried, ORDINANCE NO. SERIES OF 1981-- * * * * * * B'l AUTHORITY A BILL FOR COUNCIL BILL NO. 66 INTRODUCED B'l COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAININ G AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIV E JANUARY l, 1982 THROUGH DECEMBER 31, 1983. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 66, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ay es : Council Members Higday , Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE FIGHTER ASSOCIATION, EFFECTIVE JANU ARY 1, 1982 THROUGH DECEMBER 31, 1983. COUNCIL MEMBER SERIES OF 1981, ON FIRST ond d the mot i on. Upon follows : NEAL MOVED TO PASS COUNCIL BILL NO. 67, READING. Council Member Fitzpatrick sec- c 11 of th roll, the vote resulted as • I • • • • August 3, 1981 Page 8 Ayes : Nays: • • • Council Members Higday , Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried, ORDINANC E NO. SERIES OF 1981----- * * * * * * BY' AUTHORITY A BIL L FOR COUNCiL BILL NO. 68 INTRODUCED BY' COUNCIL MEMBER FITZPATRICK AN ORDINANC E APPROVING A COLLECTIVE BARGAININ G AGREEMENT BY AND BETWE EN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFI T ASSOCIATION, EFFECTIVE JANUARY l, 1982 THROUGH DECEMBER 31, 1983, APPROVING AN ADDENDUM TO THE 1980-1981 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE COUNCIL BILL NO. 68, SERIES OF 1981, ON FIRST READING. Council Memb er S ilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried, ORDINANCE NO. SERIES OF 1 98 1 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ESTABLISHING LICENSING PROCEDURES, REQUIREMENTS FOR PREMISE S, ENFORCEMENT PROVISIONS, AND PENALT! F.S FOR ADULT ENTER- TAINMENT ESTABLISHMENTS BY ADDING CHAPTER 10 TO TITLE IX OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED AND DECLARING AN EMERG ENCY • • I . • ( August 3, 1981 Page 9 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 70, SERIES OF 1981, ON FIRST READING . Council Member Higday seconded the motion. bill. City Attorney DeWitt noted several amendments to the COUNCIL MEMBER KEENA MOVED TO AMEND COUNCIL BILL NO . 70, SERIES OF 1981, AS DISCUSSED BY CITY ATTORNEY DEWITT. Coun- cil Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried, Upon a call of the roll, the vote on the original mo- tion to pass Council Bill No. 70, Series of 1981, on first read- ing resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried, COUNCIL MEMBER NEAL MOVED TO SET A SPECIAL MEETING FOR MONDAY, AUGUST 10, 1981, AT 5:00 P.M. TO CONSIDER COUNCIL BILL NO. 70, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. Th M yor declared the motion carried. RESOLUTION NO. SERIE S OF 1981 * * * * * * A RESOLU TIO AMENDING THE GENERAL FUND BUDGET. (salary increases for m rob r of Englewood Po1ic B n fit Association) • • I • • August 3, 1981 Page 10 • • • COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE RESOLU- TION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatri ck, Keena, Bilo, Bradshaw, Otis, None, The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 36 (B) SERIES OF 1981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD DE- DICATING THE CITY TO LIMITING THE LITTLE DRY CREEK 100-YEAR FLOOD PLAIN TO THE BANKS OF LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 36,(B) SERIES OF 1981. Council Member Neal seconded the motion. Council Member Neal stated the above policy would fix finally Little Dry Creek. Council Member Higday stated the policy also would enabl e the completion of downtown Englewood. Upon a call of the roll, the vote resulted as follows: Aye : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried, * * * * * * City Attorney DeWitt transmitted the answer brief in the matter of City of Englewood vs. Bridgewater and Sceniak. * * * * * * City Attorney DeWitt tr nsmitted the motion for stay of ord r in th matter of People of the St te of Colorado vs. John D vid H mmes. * * * * * * • I • • • August 3, 1981 Page 11 • • • City Attorney DeWitt transmitted an Order and Citation to Show Cause in the matter of Soon Ye Scott d/b/a New Tokoyo Mas- sage vs. City of Englewood. Mr. DeWitt requested authorization to defend the City in the case. COUNCIL MEMBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER OF SOON YE SCOTT D/B/A NEW TOKOYO MASSAGE VS. CITY OF ENGLEWOOD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt submitted a draft of a bill amend- ing Title 1, Chapter 7, of the 1969 Englewood Municipal Code as amended, relating to rules of procedure before hearing bodies of the City and providing for appeal therefrom. Council Member Keena asked that Mr. DeWitt send a copy of the draft to quasi-judicial boards of the City for their re- view and comment before it is considered by Council. * * * * * * City Attorney DeWitt stated the City had received a summons in a matter of Charles vs. the City of Englewood. A copy of summons was not in Council's packet because it was re- ceived only a e w days ago. Mr. DeWitt requested authorization to defend the City . COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT- TORNEY TO DEFE D THE CITY IN THE MATTER OF CHARLES VS. THE CITY OF ENGLEWOOD. Council Member Fitzpatrick seconded the motion. Upon c 11 of th roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Th M yor decl red th motion carried. * * * * * * • I • • ( • • • • August 3, 1981 Page 12 City Manager McCown presented a Council Communication from the Director of Community Development requesting approval of an out-of-state trip for the Assistant Director of Community Development -Housing to attend a regional National Association of Housing & Redevelopment Officials Conference. TRIP ING. call COUNCIL MEMBER KEENA MOVED TO APPROVE THE OUT-OF-STATE FOR THE ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT -HOUS- Council Member Fitzpatrick seconded the motion. Upon a of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Neal presented a Council Communication recommending that the City establish a Chimney Sweep Program which would be administered by the Englewood Fire Department to help promote woodburning applicance fire safety. COUNCIL MEMBER NEAL MOVED TO ESTABLISH A FIRE DEPAR T- MEN T ADMINIS TE RED CHIMNEY SWEEP PROGRAM. Council Member Bradshaw s econ d ed the motion. Council Member Ke e na inquired a s to the costs involved. Dan Valentine, Adm ini strative Ass is tan t Int rn, appeared befor Council and discussed the costs involved. Hr. Valentine stated he had checked with the Fire Dep artment and the program could be est bllshed for approximately $200. Upon c ll of the roll, the vote resulted as follo ws : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. Th Mayor declared the motion carried . * * * * * * • I • • - • August 3, 1981 Page 13 RESOLUTION NO. 37 SERIES OF 1981 • • • A RESOLUTION STATING THE PREFERENCE OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, CONCERNING REPRESENTATIVE AND SENATORIAL DISTRICTS. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 3 7, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : 8 :35 p.m. Ayes : Nays : Council ~embers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion c arried. * * * * * * There was no further business to be discuss ed . * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at ~-v:?c.~-~ycity~ I . ( ( • SPECIAL MEETING : • • • COMMUNITY ROOM CI TY OF ENGLEWOOD, COLORAD O Augus t 10, 1981 I ~ The City Council of the City of Englewood, Arapahoe Coun ty, Colorado , me t in special session on August 10 , 198 1 , at 5 :00 p.m. Mayor Otis, presiding, called the meeting to order. The invoc a t ion was given by Coun cil Memb e r Fi t z p atrick. The p le dg e of a llegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll , the f ollowing were present : Coun cil Me mb e rs Higday, Neal , Fitzpatri c k, Keena, Bi lo, Br ad shaw , Otis. Ab sent : No ne. The Mayo r de clared a quorum pres e n t . * * * * * * Also present we r e: Assistant City Manag e r Wanush Ci t y Attorn ey DeW it t Deputy City Cle rk Watkins * * * * * * City Attorney De Witt p res e nted Co uncil Bil l No . 70 , Series of 1981, and discuss e d vari o us am e ndment s to the bill. ORDINANCE NO. 62 SERlE OF l l BY AUTH OR ITY COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ESTABLISHING LICENSI NG PROCEDURES, REQUIREMENTS FOR PREMISES, ENFORCEMENT PROVISI ON S, AND PENALTIES FOR AD ULT ENTERTAINMENT ESTABLISH MENTS BY ADDI NG CHA PfER 10, TO TITLE IX Or THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED AND DECLARI NG AN EMERGENCY. COUNCIL MEMBER NEAL MOVED TO PASS COU NCIL BILL NO. 70 , SERlE OF 1981, ON FiNAL RE ADI NG. Co u ncil Member Silo seconded th motion • • I • - • • • • August 10, 1981 Page 2 COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE AMEND- MENTS AS DISCUSSED BY CITY ATTORNEY DEWITT. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis, None. The Mayor declared the motion ca r ried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried, * * * * * * No further business was discussed due to special meet-ing status. * * * * * * COUNCIL MEMBER HlGDAY MOVED TO ADJOU RN THE MEE TING. 5 :10p.m. Mayor Otis adjourned th m eting without a vote at • I • • - ( • • • • . ARAPAHOE HOUSE ~ THE ARAPAHOE COUNTY TASk FORCE ON ALCOHOL PROBLEMS , INC . OUT PATIENT OEPARTMF.N T 91 ERsl Darlmouth Ave n u~ EnJiewood. Colo rado 801 10 (303) 762-1550 August 6, 1981 ADMINISTRATION OFFICE Detux & Halfway Houae 3301 South Cr•nt Slrer.l P.n~tlewond , C.olor~dn 60110 (303) 789-2 55 1 Mr. Andy McCo wn , Ci t y Ma n ager City of Englewood 3400 So. Ela ti St. Englewood , Colo r ado Dear Mr . McCown, 8 01 10 A liRORA OU T PATIENT 651 Chambera Road Sutte 11>4 Aurora, Colnr Hdu 110011 (3 03 )344 -814 7 This letter is pu rsuant to o u r conversations of last week wi t h respect to the financial situation o f Arapahoe House. As I had indicated t o you las t we e k Ara pahoe House has been operating at a loss for five of the first six mo nths o f op e rat ions in 1981. We have recently reques t ed supplem ental a ppropriat ion s both at the state and county level and would like to r e qu est a n a dd itional $1500 appropriation from the City of Englewo od fo r 1981. In addition to the supplemental we would like to request that the City consider funding Arapahoe House for an amount of $8,500 for caltndar year 1982. As per your recommend tion I am enclosing an analysis of th numb r of Engle od rebidents by Arapahoe House in 1980, the costs to nur organization, and the potential savings to the City as a result of our existence. Should vou require any additional info~ation or have questions with respt!Ct t o this r qu t please fe 1 free to con tact me at 789-2551. Thank y for your continuin support of our pro rams. JB/ln I • ' • • • • Public intoxication was decriminalized in 1973 in Colorado. In conjunction with this law was the expectation that local communities would provide appropriate placement for intoxicated people. It was recognized that jailing a public inebriate was an inadequate and de ficient system for both the inebriate and the jails. Community detoxification centers were established as the most efficient and capable means of dealing with this problem. This system freed the local law enforcement agencies from much of the responsibility of dealing with inebriates and provided the inebriate a safe environment to detoxify from alcohol. Arapahoe House was established in 1975 and started accepting clients in 1976. In that year Englewood police utilized this service l2Z times. In contrast this increased to a total of 397 drops by the Englewood Police in 1980. This is a significant increase in service to the city that has not kept pace with the cities financial support of our program. Outpatient Halfway Hous Detox Engl wood Police Drop to detox 1980 Statistics Englewood Residents 216 82 548 397 Anal y sis of Costs -EPD Detox Referrals Engl wood Police Drops in 1980 Av r g 1 n th o stay/days Cost per da y p r c lient Client f e:. 1.'0 11 ted (. 08) Amouut f d i r to the City o t ervl c En 1 od for 1980 397 2...1..:_42 x$65 $88,253.10 :::~0 $81,192 Thi will disc u b o nl y th J97 police from the City of Engl wood. The av rae lt-ngth o f t.y o r a detox client in 1980 3.42 days. Th verge COb t pet d y to Arap ho Hou e was $65.00. There is also charg to th client but due to the type o f s r:vic e w 1 rovid th coll ction rat is only about 8%. Thl c learly 1 pi y t Arapaho !lou is providing $81,192 in dir ct s rvic s for th law tore m nt ag ncy of th City of Englewood. 1bls do a not ccout t for th o tl • r sid nt of En 1 wood that utiliz d our other progr m • • I • • • • • • In 1981 Arapaho House was granted $5,500 from the City of Englewood. Arapahoe House provided over 10 times that amount of direct services to the city and its residents. It is due to this service provided as well as our continued increase in cost tha t we are requesting additional funding from the city . • I • • ( • • • - MINUTES OF ENGLEWOOD HOUSING AUTH ORITY SPECIAL MEETING June 22, 1981 A The special meeting of the Englewood Housing Authority was c alled to order by Chairman Thomas J. Burns at 4:25 P.M. at the City Hall of Englewood in Library Con feren ce Room A, 3400 South Elati Street, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Rev. Stan Fix ter Bev Bradshaw Cindy Peterson Frances Buck Jonas, Executive Director, Housing Susan Powers, Director of Community Development Kirk Wickersham, Attorney for EHA Recording Secretary Mr. Burns stated that the purpose of this special meeting of the Engle wood Hous~ng Authority (EHA) was to consider purchasing three sites for the duplex units for the public housing project because of the inability of the developer to fund the sites. Mr. Burns stated that a memo has been sent to City Manager McCown from Susan Powers concerning this issue. Also a telegram had been received from Tom Ch andler of Nelson-Roth concerning this matter. Mr . Burns stated that an ordinance has been prepared for issuance by the City Council along with a resolution for the purpose of he Ci y loaning money to the EHA to purchase the three sites for duplex un~ s. Mr. Burns stated that Mr. Wi ckersham was going to list some of th options the EHA has pertaining to this matter. Mr. Burns stated that the EHA could toll Nelson-Ro h to pick up their options on these three sites because 1 is their contract and this is a turnkey project and the developer 15 suppos d o buy h sites. Mr. Burns s ted hat N lson-Roth tol d the Housing Au hor1 y th t they don 't have the cash flow to purchase these sites. Mr. Chandler told him that the business reason why Nelson- cash 1s because they expended i few w eks go by buying J<ansas City. Mr. Chandler told Mr. Burns tha N lson-Ro h archi ectural plans that w re submitted o HUD on h 15th h ve n accep ed nd they would hav a contract; th n they could borrow money to buy th s1tes. Mr . Burns stated that HUD reJected thes plan for th dupl x units nd asked tha they be red signed to townhouses ins e d of duplex s. This would nee ssita e the Archit ct, K n Bieb rly, to ch ng th plans wh1 c h uld t ke six eks. Mr. Burns s ted th t Mr. Ch ndler is proposing tha N lson-Roth use th ir 1 ff archil eta to chang hese plans wh1ch would take feu w eks. Mr. Burns st ted t t Mr. Chand! r 1nformed him tha Nelson-Roth has not h d any formal working rela ionsh1 w1th Mr. Bieberly since las Oc ober of 1 80. Nelson-h d cid d las Fall tha they wanted to ha in-house architects on th cos , fees, tc., of hiring an outsi firm. Mr. Burns sta ed ed to him that the plans for h dupl x units ha good. Th plans did no c ly wi h so o he • I • • • • • • requirements that HUD made the first time they were filec, and some of the MPS's were not met either. Mr. Burns stated that one of the sites for the duplex units already has a proposed development and an application for a variance to build other units on it. The owner of this property will not renew their option. Mr. Burns stated that the owners of one of the two sites that had a contract appeared at the City COuncil meeting last Thursday ni ght irate. These owners said they were not r eceiving any money for their cont ract on the property. Mr. Burns stated that the o wners had r eceived periodic in terest payments on their contract but had not had a closing on the site. Mr. Burns stated that if the EHA lost all of these sites they would have to start over and find new sites and put options on them. Mr. Burns stated that the EHA met with the City Co uncil last Thursday night. He stated that the City Council had agreed to loan the EHA the money to purchase these three sites. Mr. Burns stated that the meeting today with the EHA Board was to discuss what the EHA's alternatives were concerning these three sites. Mr. Wi ckersham asked what the status was on the other two sites. Mrs. J onas stated that the Warren site has been closed on. The second site was closed on in December of 1980. Nelson-Roth gave the owners of this site $1,000 in cash and a note for the remainder. The said note was due January 31, 1981. Nelson- Roth then did an extension through April 30, 1981. Mrs. Jonas stated that nothing else has been extended in writing. She stated that Bill McCleary from Realty World, the realtor for Nelson-Roth, told her that month by month the note is being extended by giving the owners the check for the 14\ interest money; and when the owner a ccepts the check, endorses it and cashes it, this is the extension of the agreement . Ms. Powers stated that the owners who have been receiving interest payment checks attended the City Council meeting last Thursday and stated that they have never received any money from Nelson-Roth for their property. Mr. Wickersham asked how much it would c ost to clear up the notes on these thre sit s. Mrs. Jonas s a ed h 1t would cos $23,500 .00. It would c ost $103,500 for the four sites. Mr. Wickersham explained so alternatives to this problem. H stated that the EHA could buy th thr e or four sites outright with the proceeds of the loan from the Ci y on the basis of n assignment of the contracts from Nelson-Roth. Mr. Wi ckersham t ed h t here would be a problem with th1 s. He stated that h a ev r specifically li 19 d the standard form provis1ons s far as most people who e c o ssign contract to so body lse will n of the person and "assigns" on th contract. Mr. Wi ck rsham stated on-Roth 's contr cts do not h this provision. Mr. Wick rsham st ted c u iou way 1s to put "or ssigns" in th contr ct. M . Wi ckersham at ted that once the EHA owns the sites, they could sell th m to Nelson-Roth or th 1 7 pr1ce he HA has paid for h m or n amount ha would cov r the cos of he EHA'a loan plus h risk involved. Mr. Wickersham st d tha th EHA could go to HUD and t 11 h is in d f ul t under this con rae and tha h EHA want to deal with th m on the family rae and a k HUO i h y would let the EHA do th project th con- Hr. Wi ckersh at ted that a third possibility would be to decide qu stion and ell Nelson-Roth tha EHA wants the assignments EHA ill close on th sites and let N laon-Roth know la er wha -2- • I • • • • • • Mr. Wickersham stated that the next possibility would be to lend the money to Nelson-Roth by doing a straight loan and take a deed of trust back and finance it at 1\ per month. Mr. Wickersham stated that the EHA could borrow the money at 12\ and lend it to Nelson-Roth at 18\ or 24\. He stated that the third possibility would be to lend Nelson-Roth a reasonable amount for a down payment and tell them to find conventional financing. Mr. Wi ckersham stated that the fourth possibility would be to do nothing. He stated that this would force Nelson-Roth to buy the lots or go into total default on this project. Mr. Wickersham explained another possibility for collateral . He stated that the EHA could send HUD a letter concerning these problems with Nelson-Roth. Another possibility would be to cancel the high-rise contract with Nelson-Roth. Mr. Wickersham stated that he would have to look into the legality of cancelling the high-rise contract. Mr . Wickersham stated that he didn't think this would be in the interest of the EHA unless the EHA thought Nelson- Roth couldn't perform. Mr . Wickersham stated that the EHA could also sue N !son- Roth. He stated that there were no actual damages at this point; however , there are attorney fees. Discussion ensued regarding these alternatives. Mr. Burns stated that the staff of the EHA stated that the conventional method is not possible due to the heavy workload they presently have. Mr. Burns asked Mr. Wi ckersham if the EHA uses the money the City loans the EHA to purchase th three sites, what procedure would the EHA follow. In response to Mr. Wickersham's question, Mrs. Jonas stated that the EHA did have the originals of the assignments on the three sites. Mr. Wickersham stated that the procedure to be followed is that the EHA should call the owners and set up a closing on the sites for June 30th. Mrs . Jonas stated that the real estate agent who has been working on this project, Bill McCleary, stated that he would handle all the closing papers at Nelson-Roth's expense. Mrs. Beier asked who would pay the interest on the loan from the City. ltrs. Jonas stated that Nelson-Roth will pay the interest. Ms. Powers stated that Nelson- Roth said if the EHA purchased the properties with City money and they didn't buy the property from the EHA until September of 1981, Nelson-Roth said they would pay the interest in the interim. Discussion ensued regarding this matt r. MOTION BETTY BEIER MOVED AND REV. FIXTER SECONDED THE MOTION THAT THE ENGLEWOOD HOUSING AUTHORITY OBTAIN THE FUNDS FROM THE CITY OF ENGLEWOOD TO PURCHASE THE THREE SITES IN QUESTION AND CLOSE ON THEM AND OBTAIN TITLE AND DECIDE LATER WHAT KIND OF RELATIONSHIP TO ESTABLISH WITH THE DEVELOPER, NELSON-ROTH OF COLORADO, INC. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT• BURNS, BEIER, FIXTER NONE BRADSHAW, PETERSON Di1cus1ion ensued reg rding the assignments on the three site• for the du,plex unit•. The ting wa• adjourned t 4 :58 P.M. The meetin reconvened at 4•59 P.M. in order to make a motion. MOTION REV. FIXTE MOVED AND BETTY Bl!liER SECONDED THE IO TO ALLOW T CHAIRMAN AND THE CUTI DIRECTO OF THE ENGLEWOOD HOUSING AUTHORITY TO EXECUT THI CLO ING -3- • I • • - ( • • • • STATEMENTS FOR THE THREE SITES AND TO EXECUTE THREE PROMISSORY NOTES AND THREE DEEDS OF TRUST IN FAVOR OF THE CITY OF ENGLEWOOD PURSUANT TO THE LOAN FROM THE CITY OF ENGLEWOOD FOR THE PURCHASE OF THE THREE SITES FOR THE DUPLEX UNITS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, FIXTER NONE BRADSHAW, PETERSON There being nothing further to discuss, the meeting adjourned at 5:00 P.M. -4- I . - ( • • • • ,. • The Englewood Housing Authority Minutes of the Special Meeting on June 22, 1981 were officially approved by the Commissioners on July 29, 1981. Englewood Housing Authority ·(1 1'1 \ Direc tor Englewood Housing Authority • I . ( ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING June 24 , 1981 5 A The regular meeting of the Englewood Housing Authority was c alled to order by Chairman Thomas J. Burns at 5 :20 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present : Thomas J. Burns , Chairman Beverly Bradshaw Rev. Stan Fixter Cindy Peterson Betty Beier, Vice-Chairman Frances Buck Jonas, Executive Director, Housing Susan Powers, Director of Community Development Linda A. Knopinski, Associate Housing Coordinator Tom Chandler, Nelson-Roth of Colorado, Inc. Ken Bieberly, Architect Rod Dornbusch , Brady Corporation -Project Manager Carl Fischer, Inspecting Arc hitect Mrs. Tate, property owner Michael Gray, CPA-Michael Gray & Associates Recording Secretary Reading and Approv 1 of M1nutes The minut s of h r gular m ting of May 27, 1981 w r considered for pproval. MOTION BEV BRADSHAW VED AtlD REV. STAN FIXTER SECONDED THE MOTION TO APPROVE THE Ml UTES OF MAY 27 , 1981 AS WRITT~ . THE MOTI ON CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: Mra. Jon a he J ya BU S, BRADSHAW, HXTER , PETERSON , NF BEl I' IIA ppr cia th T •. p nc in 'With • I . -• • • Section 8 Existing Audit Report <= Mr. Burns stated that Michael Gray of Michael Gray and Associates, CPA's, was in attendance to present the audit report on the Section 8 Existing Program which his firm prepared. • Mr. Gray explained the audit report on the Section 8 Existing Program. Discussion ensu d regarding this audit report. Mr. Gray stated that the accounting system of the public housing project will be much more complicated that any of the other programs the Housing Division has. Mr. Gray recommended that the EHA hire a fee accountant to do the public housing books. Mr. Gray recommended Bob Sylvester 's firm from York, Nebraska. Mrs. Jonas stated that she would prefer hiring Dennis Spencer with R.A.M. out of Aberdeen. Mr. Spencer is located in Evergreen now. Mrs. Jonas stated that she likes Mr. Spencer 's bookkeeping better and the convenient location of his office. Mr. Gray will write a letter recommending that the EHA hire a fee accountant to do the books for teh public housing projects. Mr. Gray stated that his firm does housing authority audits all over the country and that the EHA is a very well managed housing authority. Mr. Burns thanked Mr. Gray for a tending and explaining the Section 8 Ex isting audit report to the Commissioners. Public Housing Project ~CO 48-2 -Elderly Mid-Rise Construction Report Mr. Rod Dornbusch, Project Manag r for Brady Corporation , reported on the con- s ruction taking place on he elderly site. He stated that the s rike ended last night; howev r, there is a non-union subcontractor on the job doing the carpentry work. The f1rst hree sections of the stem walls will be poured tomorrow morning. Mr. Dornbusch stat d hat in about two weeks th re should be so columns standing on th 51 e. Mr. Dornbusch stat d that th union carpenters ar still alking about not go1ng o work due to some problems with th s1gning of the new carpen Mr. Dornbusch st ted th t h uld like o ep the rking on th proJect becaus th y are fam1l1ar w1th the if they brought in union carpen ers, h carpenters would have o s udy entire print all over again and wo days of work will be los . 01 cussion ensu d r garding workmanship on he foo ings. Mrs. Jonas s a d h t sh check d w1th th Bu1lding Dep rtment on the workmansh1p on the foo 1ngs to see if th y wer up to cod . Th Building Dep rtmen ind1ca d th t th workman ship didn't look good but it d1d mee co and w safe. Mr . Dornbusch ex I pology th t th construct1on schedul w a not availabl comput r od y; if i doesn't ne d any more work on it wa 1 , he will submi co iea of thi schedul on Mond y. h h be n working on the construction sch dule for 8 f s rike. walla tha -2- • I • - • • • • • Selection of Colors and Materials for Building Interior Mr. Fischer stated that he received a list of colors and materials yesterday afternoon from Ken Bieberly 's office. Mr. Fischer stated that Karen Smith, Interior Decorator from Max Saul's office, has spent some time reviewing the list. Mr. Fischer stated that there are some modifications that they would like to make in the colors, but Ms. Smith cannot do this until she receives some samples of the materials which she has requested . Mr. Fischer stated that he would like to have a couple of people appointed who can review and approve the list of colors and ma terials as soon as Ms . Smith has reviewed them. Mr. Burns asked if the Board was supposed to h a v e the samples ton i g ht so they could look at them. Mr. Chandler stated that there were only two selections that were important to make this evening . Mr. Fischer stated that one selection was the base whi ch is dark brown and ties in with other colors that are determined by prefabricated materials. The other selection is for the drivet system. Mr. Bieberly stated that the drivet system is the e x terior plaster which is the off-white color on the balconies. Mr. Bieber ly stated that they have selected a neutral beige color for the drivet system . Mr . Bieberly stated that his office sent the color chart last Friday, but it didn't arrive in Denver until yesterday (Tuesday). Mr. Fischer stated that Mrs. Jonas has already been appoin ed to work wi h Ms. Smith on some of the interior furniture. The Board agre d tha they have no objection wi h having Mrs. Jonas appointed to review the colors and materials with Ms. Smith. Mr. Dornbusch s at d hat the dark brown or black would be the best color to have for the basebo rds. Mr. Burns asked Mr. Dornbusch to explain what the drivet syst m is. Mr . Dornbusch stat d tha th drivet system is a piece of sheetrock. He s ated tha he ~n erior sys em is what is referred to that has the patio doors and w~ndows 1n 1 . The dr~ve system includes a wall with metal s uds, then dry -11 (~" dry wall for th n w building) 1 hen there is a glue-on rigid insulation lik bead board or s yrofoam, th n sh for reinforcement and then a stucco is spread on 1 . Th color of th~s Dryv1 sy tern (stucco material) is what is being ecided on. Mr. Bieberly stated that th good thing about the drivet system is tha it doesn' require expansion jo~nts , 1s very durable and looks like an exterior plas er sys em. Mr. Ch ndler tat h color h y h th bro b s board round th est color. MOTIO like th Board to make a d cision on floor to be. Mr. Dornbusch stated The actual color is c lled d rk russe BEV BRADSHAW MOVED AND REV. FIXTER SECONDED THE MOTION TO APPROVE DAR!< RUSSET BROWN AS THE COLOR USE FOR THE BASE ARDS FOR THE FLOOR IN THE N ELDERLY MID-RIS THE MOTION CARRIED AS FOLLOWS: A\'f.S: NAYS: BURNS, BRADSHAW, liXTER, P TERSON NONE AB CNT: BEIER ~. Ch ndl r brie ly iscussed the le er h s mi ls h Architec ural Servic s PLU rd. Mr. Ch ndl r s a ed ha th firs wro • o Mrs. Jonas whi ch 1nclud s ma that r quire ac ion by th EHA i em is a chang in il on c bins • I • • ( ( • • • - height ; the second is approval of shop drawing submittals as mad by Brady Corporation regarding Timely Frames and Strait doors. Mr. Chandler stated that these items are modifications and clarifications of details. Discussion ensued regarding this matter . Mr. Bieberly stated that this morning he received a letter from Brady Corporation requesting permission to use two manufacturers that are not listed in the 10 to 12 approved manufacturers list . He stated that this has to be approved by the EHA Board. Mrs. Jonas stated that the best way to deal with this without having to wait a month for approval for the EHA Board to meet is to give a blanket approval of the EHA with the consent of the EHA's Consulting Architect in cases wh ere the substitution would be of an equal quality. Mrs. Jonas stated that the letter asking permission for a certain substitu ion should come to her first with a copy to Mr. Fischer; then Mr. Fischer would have blanket approval on these substi utions. MOTION REV. FIXTER ~OVED AND CINDY PETERSON SECONDED THE MOTION TO AUTHORIZE THE EHA 'S CONSULTING ARCHITECT TO HAVE THE RIGHT TO APPROVE SUBSTITUTIONS AND DETAIL CHANGES WITHIN THE PLANS AND SPECIFICATIONS WITHOUT SPECIFIC ACTION BY THE EHA BOARD. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BRADSHAW, FIXTER, PETERSON NONE BEIER Mr. Burns stated that the Board would lik Mrs. Jonas to repor kinds of changes r gard1ng major items that are taking place in to them on he he new bu1l 1ng. Mrs. Jon s read a let er from Ken Bieberly o Brady Corporation perta1n1ng to galvanization of xterior ste 1 ra1lings. The Brady Corporat1on w1shes to prov1d all ext rior r 1lings with wo coats of steel pain in lieu of g lvan1za ion. Mrs. Jonas stat d that the railings would hav a base coa and wo coa s of pa1nt. She sta d ha Mr. Bieberly felt his w s aceptable and reco nd d tha th1s proposal be ace pt d. Acceptance of this will result 1n a savings of $1,180 which will be pass d on to the o~>er, which is the EHA. Th s v1ngs could be placed in a fund for future use as needs arise, such as drap s for th mid-ris or a sprinkler sys em, with HUD's approval. Mr. Burn the ra1l1nq s that i does 011 Mr. Ch ndl ch ng or BEV BRAD HAW COATIN<:; 0 COLO RATI C•N . his are no gre d w1 h th1s. He s a ed p inted finish co off of s l int 1n 11 u of EHA's f1rs ch nge ord r. Mr. S ul r h1ch would ere i d back for the $1,180.00 • MOTION PETERSON SECO ND 0 THE MOTION THAT TH · CHAN IN TH liAS BEEN RWARO 0 TO Til IIA BY NELSON-ROTII 0 B RECOMM.CNDED TO HUD FOR APP VAL AS . UE5T 0 F BRADY CO I ON CARRIED AS FOL S: • I • • AYES: NAYS: ABSENT: BURNS, BRADSHAW, FIXTER, PETERSON NONE BEIER • • • Mr. Chandler stated that Brady Corporation r equ ested Mrs. Jonas to find out the size of the blackouts for the air conditioners a t t he Simo n Center. The size of the blackouts is 15 3/4" high by 26 1/8". Mr. Bieberly addressed the problem with the drainage system. He stat ed that his consultant has submitted a design for this drainage sys tem t o the City and that the City found a number of other items that wo uld be r equired in the design. It would require putting a wo foot concrete s wal e nex t t o the south retaining wall. Mr . Bieberly stated that the City required t ha t d r aining easements be acquired before anything could be done. Mr . Bieberl y state d that this could involve a number of problems and stated that it was suggested by Gary Diede from Engineering Services and his consultant to loca te the drainage swale on the property that is owned by Nelson-Roth. Mr . Bieber ly stated that the design showed that the retaining wall would be mo v ed t wo feet to the north . This will not infringe upon any req u i r ed parking spaces or d r iveway widths . Mr. Bieberly stated that this revised plan was then submitted to Gary Diede. Mr. Diede approved this plan contingent upon obtaining construction easements and providing grading from the existing building back north to the new drainage swale. Mr. Bieberly stated that this requires a modification to the design and would have to have the approval of the EHA Board. Mr. Bieberly stated hat the e x isting retaining wall to the east is going to be replaced. He stated that the suggestion was to run the retaining wall straight thr o ugh. This would allow, on the eastern part of the property , three feet on what was already there. Discussion ensued regarding this matter. ~lr. Chandler stated that this will require approv 1 from HUD regarding moving the r t 1ning wall. Mr. Fischer will pr par a change order for appropriate processing. MOTION CINDY PETERSON VED AND REV. FIXTER SECONDED THE MOTION TO APPROVE THE CHAN E IN THE DRAINAGE PLANS SUBMITTED FOR THE SITE PLANS AND INSTRUCT CARL FISCHER, INSPECTING ARCHITECT, TO SEEK APP VAL OF THE CHANGE ORDER. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: Mr. Bi b 1) th BURN S, BRADSHAW, FIXTER, PETERSON NONE BEIER s d h foll 1 nn d any d Hr. Fischer r involv1ng costs. her h s to -5- i ems pproved at the 1 at nge ord r. Hr. Ch ndler a a poaa1ble. Hra. Jonas ord ra. eting t I • • • • - Mr. Dornbusch stated that since the retaining wall is going to be a no cos chang o r der to the contract with the EHA, could Brady Corporation get Carl Fischer or Max Saul to give them something in writing that Brady Corporation c an proc d with working on the retaining wall . Mr. Ch andler stated that the way o handl this would be to take the change order, when it is completed, to HUD and walk 1 through the process or approval. Otherwise, it would take several weeks o g through the c hannels at HUD . Mr . Fischer stated tha the change order would include the following: 1) v r1fy1ng the 3440 heavy du y asphalt and include this in the change o rder ; 2) put a firm pri ce on he two sill cocks; 3) the fire hydrants; and 4) the c hange in the ligh switches. Mr. Bieberly s ated that he needed clari fication on the c ost breakdown f or he proposed addition of illuminated light switehes. He stated that in a letter from Brady Corporation the cos of changi ng one bedroom switch per unit added $493 . To chang all unit switches add $4,882 for the entire project . Mr. Dornbusch s ated ha there are 101 light switches if only the bedroom switc hes are c hange d; and there are 1 ,001 light switches if they are all changed throughout the building. MOTION BEV BRAD SHAW MOVED AND CINDY PETERSO N SECONDED THE MOTION TO APPROVE THE ADDITION OF ONE ILLUMINATED LIGHT SWI TCH PER BEDROOM IN EACH UNIT FOR A TOTAL OF 101 ILLUMINATED LIGHT SWITCHES . THE ADDITI ONAL COST WOULD BE $493.00. THE MOTION CARRIED AS FOLLOWS: AYES : NAY S: ABSENT: BURNS, BRADSHA W, FIXTER, PETERSON NONE BEIER Discussion ensu regarding he ype of sig n to pos t in the parking lo which designa es cer a1n spac s for compac cars only. Mrs. Jonas stated tha the Plann1ng Departmen review he p arking plan for the new b uilding and realized h i didn ' meet their r quirements for parking spaces. Mr. Chandl r s ed h the parking lot spac s o small ca rs will probably r quire som will require a chang ord r to include the cost of the signs. a ed h he will ne d so d t il on the kind of s1gns hey should ring ch nge ord r. s 1 n. this signag of th parking lo m do this. Ms. Powers s ed o s e if hey require a s1gn, nd if so, mad roving nd. Mrs. Jon s s usin a vinyl wall covering for builiinq; b) on of Br dy 's subcon rae ors 1 ieu of a 2 ~" vinyl b s (which wa s tha h 4" vinyl bas uld cos • I • 1.- • • • x ra. Mr. Chandler stated that in the long run the EHA would have less problems wi h h 4" vJ.nyl base rather than the 2~" base. Mr. Bieberly stated that the would b around $1 , 100 for the 4" base. cos Mrs. ng Mrs. HUD th t the problem is that the EHA project has a limited con- should be saved for items that are real problems in the future. hat any change orders the EHA has are going to be approved by h EHA has in the contingency fund. Mr. Dornbusch suggested 4" vinyl base on a change order by itself. Cone 1n the 4" VJ.nyl unit would be $1,225.00 of the rails is $1,180 .00. ase, Mr. Dornbusch stated that the cost for the elderly the market cost . The cost of deleting the galvanization It was decided to include the 4" vinyl base in a no- cost chang order. Mr. Ch andler stated tha the Ci y has changed thei r mind on the water tap. They initially wanted Nelson-Ro h to tap a 30" line. The City now wants Nelson-Roth to tap a 6" line. It was determined that there is no cos t savings involved in his. DiscussJ.on regarding this matter ensued . Mrs. Jonas discussed the memo to Susan Powers from Gary Diede, Director of Eng1neering Services, regarding the flood plain issue. Mr. Diede had re ceiv d a letter from the Federal Emergency Management Agency (FEMA) regarding the wh ole flood plain issue. Mrs. Jonas stated that the Ci ty has received a conditional approval for c hanging the flood plain map. At the time the building is completed the developer will need to provide the EHA with: l) recorded plat with the seal of the recorder of deed, and 2) as-built drawings showing building location and elevations of site. This will then be submitted to FEMA and they will change • our flood plain map. • Duple xes Mr. Burns stated tha he was contacted by Mrs. Jonas last w ek and told that he plans for the duplexes had been submitted to HUD and had been re jected. HUD also wanted the units comple ely redesigned . Mr. Burns stated that he was told by Mr. Chandler that th y would hav to do in-house revisions of h plans by in- house architects instead of Ken Bieberly 's firm, possibly. It would ake six weeks for Mr. Bieberly's firm to redesign these units. Mr. Burns stated ha this wou ld put everyone way behind in all aspects of the construction. Mr. Burns stated tha th EHA had to go to City Council on Mond y for a loan to close on three of th uplex sit H a Ated th t night to ask th l:HA wa told th N lson-Roth have ny c sh to pick up h op Mr. Burns st t d h ard would like to kn wh h p on th lth th J.t •• pl ns. on Sl.t nd Chand! r th proc ss of N lson-Roth' proposal nd 1 ndl r s ed th t hrst N lson-Roth mad a J a rna 1. In the proposal was 1 gal d scrJ.{> J.on nd • duplexes pl c d on h sit plan of whi ch HUO concurre would work. the a kno -7- • d l h At I • • .... • • • • • on the first review or when they initially accepted the proposal and concurred in the selection that these plans wouldn't work . Mr. Chandler stated that Nelson-Roth met the setback requirements for the City but not for HUD . HUD imposed a more stringent setback for the edges of the lot than the City. Discussion ensued regarding these setback requirements. Mr. Chandler stated that HUD want s a unit that has the front door facing the street. He stated that this will end up being a 16 foot wide unit because of the setbacks. He stated that they want townhouse units, not duplexes. Mrs. Jonas stated that HUD wanted larger units and less lot coverage. She stated that the only way to achieve this would be to build two-story townhouses. Also, there is a cost problem in dealing with the slope on these lots. She stated that HUD feels that if the EHA builds stepped two-story townhous es , this will resolve some of these slope problems as well as bring the cost down . Mr s. Jonas stated that the handicapped unit is the only one that will remain one story. Mrs. Jonas stated that she didn't think Art Tonelli from HUD coudl require that these units have front doors facing the streets. Mr. Bieberly stated that Mr . Tonelli said that he would have liked to see the front doors facing the streets, but that this was Mr. Tonelli's personal opinion. Discussion ensued regarding this matter. Mr. Chandler stated that th Housing Authority should tell HUD that they want the original design for he duplexes. The original design looked like a house and not a duplex. Mr. Chandler stated that he would like to go to HUD with Carl Fischer, the Consulting Architec and a Board member to show support for the original design of the duplexes and ask what can be worked out. Mr. Chandler sta ed that the EHA should request a meeting with Justina Walls, Art Tonelli and Leonard Dowell from HUD. MOTION REV. FIXTER MOVED AND BEV BRADSHAW SECONDED THE MOTION THAT THE HOUSING AUTHORITY WOULD LIKE TO GO WITH THE PLANS FOR THE DUPLEX UNITS AS PRESENTED WITH SOME SLIGHT MODIFICATIONS. THE MOTI ON CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BRADSHAW, FIXTER, PETERSON NONE BEIER Mr. Burns s a ed purchase hre of b clos d on hi that the EHA has ob ain d approval from the Ci y for funds to he sites for the duplex units. He stated that th s sites w1ll w k. Mr. Burns sta ed th he City was concerned as to why h EHA had o a Mr. Burns sta wi h hes Sl Mr. Chand! in situ Mr. August o p red Nelson-Roth for Mr. Jun or dd1 1on 1 money again so soon. t the EHA ne ds so cons1d ration for the problem hat aros h1s. o ask for funds from the City to purchas hem. urnkey projec works and wh t would norm lly happen he options on these si es sine of -8- • id by I • -• • • Ms. Powers stated that at the last Council meeting she wa~ told by the Tates that they had not received the money for their property. Ms. Powers stated that v the Tates did not say what money they were talking about --whether it was principal or interest. They said that they had never received payment for their property and that they really had not sold it. • • Ms. Powers stated that there was no discussion from the Tates that they had made any agreements to extend options or payments on the note. The Tates now thought there was no opportunity for this to happen because they were told by Mr. McCleary of Realty World that only three sites were going to be purchased by the City and their site wasn't one of them. Mr. Chandler stated that he didn't believe Mr. McCleary gave the Tates this information. Mr . Chandler stated that the Tates claimed they never had any contact with Mr. McCleary. He stated that every one of the checks to the Tates was hand delivered to them by Mr. McCleary. Not one was mailed . Mr. Chandler stated that the last check to the Tates was dated June 2nd or 3rd , 1981. He stated that this check was hand-delivered to the Tates and the Tates agreed verbally to extend, as they had before, to June 30th. Mr. Chandler stated that the Tates have been paid interest on their note, the lot has been sold and the deed has been held in escrow. Mr. Chandler stated that Mr. McCleary called the Tates the afternoon of the meeting and told them they would have their money for the property on June 30th. Mr. Chandler stated that he gave that it was their intent to give do so. Mr. Chandler stated that that Nelson-Roth did not expect. on a good faith basis as they do at this point. Mrs. Jonas a letter from Nelson-Roth stating the EHA 10 units of family housing and they will the c ircumstances on the duplexes was something Mr. Chandler stated that Nelson-Roth is operating not have a contractual relationship wi th the EHA Mr. Burns sta ed that the EHA is concerned because they have to pay the City interest on the money borrowed to purchase the sites. Mr. Chandler stated hat he sent a le er s ating that Nelson-Roth will reimburse the EHA for any extraordi- nary costs or fees incurred. Discussion ensued regarding this matter. Mr. Chandler stated that N lson-Ro h ~s greatly appreciative of the EHA's help w~th the funding of the three si es. Mr. Chandler guaranteed that whe n he contrac is signed on th duplex units, w~thin a short period of time Nel son-Roth 's crews will be on he sites starting construction. Ms. Bradshaw stated that she spoke w~lh the City Attorney and th deed of trust and no es on th property ar re dy o be processed and the properties will be owned by h EHA by Fr1day. Mrs. Jon s s ted th she has informed Mr. McCl ry of this and he is setting u the closing on the hree properties for Friday, June 26th. Mr. Chandl r st ted th t Nelson-Roth was also told there was going to b a grant to buy th se sit s hal never materialized. This was to be mon y r Regional Council of Gov rn a (ORCOG). Mr s. Jon s sta d th t he ime of th propos 1. t th EHA now has th allow its us un il h finish d proj c from of fe ion Ther w s a shor break for dtnner. s H s. tor rt th EHA has r ceiv d h Annual Con r bu ions Contrae (ACC) un1 s ot c on xis ~ng. • I • -• • • MOTION 1 .1 CINDY PETERSON MOVED AND REV. FIXTER SECONDED THE MOTION TO AUTHORIZE THE CHAIRMAN AND EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY TO EXECUTE THE ANNUAL CONTRI BUTIONS CONTRACT (ACC) AND BUDGETS FOR THE 25 ADDITIONAL UNITS OF SECTION 8 EXISTING HOUSING. THE MOTION CARRIED AS FOLLOWS: • • AYES: NAYS: ABSENT: BURN S , BRADSHAW, FIXTER, PETERSON NONE BEIER Mrs. Jonas briefly discussed the letter from HUD pertaining to their monitoring of the Section 8 Existing Program. She stated that basically HUD was pleased with the EHA's administration of the Section 8 Existing Program . There were a few findings on the Section 8 Program. Pat Arnett, Occupancy Technician for the Se c tion 8 Program, has prepared a memo to send to HUD in answer to these findings. Mrs. Jonas discussed the letter she received from DRCOG. She stated that the EHA has been notified that the Denver region will be receiving a second year bonus allocation of Section 8 Existing housing, which equals 75 units. She stated that our jurisdiction has been targeted to receive 12 units out of this bonus. All bonus units are for families and must be outreached to households currently residing either outside our j urisdiction or in impacted areas within our juris- diction. Mrs. J onas stated that the EHA has 25 units in the Housing Assistance Plan (HAP) this year and have j us re c eived 25 units from HUD. Mrs. Jonas was concerned about how this would affect the EHA's Regional Housing Opportunity Plan (RHOP) performance assessment and how DRCOG will recommend additional funds from HUD in the future if he EHA doesn't ac cept these units . Mrs. Jonas stated that there are other housing authori ies ha are mor in ne d of these uni s and he Ci y would hav to revise he HAP if 1 2 additional units were accep ed. MOTION CI NDY PETERSON MOVED AND REV. FIXTER SECO NDED THE MOT IO N TO NOT ACCEPT THE 12 ADDITIONAL UNITS OF SECTIO N 8 EXISTING HOUSING WHI CH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) IS GIVI NG THE ENGLEW D HOUSING AUTHORITY AS A BONUS ALLOCATION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BRADSHAW , FIXTER, PETERSON N 81 IER Mrs. Jona s bri fl y lisruased he s a us r port for the Mrs. on on e ch leo n c lostnq is conee n d 1s a eons ru 1on Jon • stat ha -10- • hab Program. I • • • • work for Linda Knopinski who does the paper work. Mrs. Jonas stated that the Finance Department feels strongly that the EHA should do these two closings. •., Mrs. Jonas stated that the Finance Department said the reason the Housing Authority was doing two closings was that the Bank insisted on doing it this way. Mrs. Jonas checked with Mr. Dinkel and he said that this wasn't necessary for the Bank's purposes. Mrs. Jonas stated that the staff has checked with other housing authoritie s that have rehab programs and no one else has two closings. • • Mrs. Jonas stated that Mr. Dinkel said the way to get around the problems the EHA is having is to set it up for a certain period of time for construction. During that period of time (12 months for a sweat equity loan) the owners would only pay interest , they would not start making principal payments until the construction was completed and all the money had been disbu rsed . Mr . Dinkel said that this would be simpler and would cut Mrs. Knopinski 's work in half. Mrs. Jonas stated that Mrs. Knopinski spends a lot of time figuring the construction interest which accrues during the construction period and every draw has to be figured separately as they are drawn out at separate times. Mrs. Jonas stated that Mr . Dinkel is willing to consider a different kind of agreement with the Bank whereby an escrow fund is set up to work out the financial end on one c losing. Discussion ensued regarding this matter. Mrs. Jonas stated that there is a limit to the amount of money that the banks can individually loan to a particular agency. She stated that First Interstate Bank of Englewood's limit is around $600,000 that they could loan to the EHA. Mrs. Jonas stated that this should not be a problem as there will be four banks sharing the total commitment. Ms. Powers stated that the interest rate to the EHA will be around 11\ when we receive the new money . Status of 1 81 Grant Application Mrs. Jonas staced that che grant agreement was signed and he EHA has received an amendm n to he 1 tter of credit. She stated that th letter is for an additional $390 ,000. Mrs. Jonas stated that the EHA is getting r ady to start adv rtising for Mr. V nDemark's assistant and tben a clerical assistan for Mrs. Knopinski. A the pr sent time a waiting list is being maintained as Mr. VanDemark and Mrs. Kn pinski do not have the i to prepare these loans. Loan Limit Increas Mrs. Knopinski briefly discussed the loan limit memo. She stated tha Mr. Van mark compil d all he f1gures and br akdown on cos of labor nd rna ec1als for different rehab JObs --sw t equ1ty and contr ctor JOb . Mrs. Knop1nski at t d that sh and Mr. VanDemark hough th t lO con ingency would be d qu te on th sw qui y JOb wi h minimum of $500 and no con ing ncy on th contr c or jobs. Mrs. Pe con sked if th lo n limi would then be $17,500 and 10 of hi would b held b ck he c onting ncy. Mrs. Knopinski st t d h t this was correct. Sh d h loan limit would be $17,500 wi h 10 d duct d for con- gully jo s only. ted h t if th $17,500 lo n limit were pproved, th he Housing Authority for the Rehab Pcogr m wo uld Mrs. Jon s st t d tha h1s would have to be don was on he 1 79 CDBG grant. Mrs. Jonas s ated th t th in nee uthorizing th Hous1ng ~uthori y to inister A n w 1 81 h&b Progr uld th n have to r qarding his matter. -11- • nt I • • • • • - MOTION CINDY PETERSON MOVED AN REV. FIX7ER SECONDED THE MOTION TO REQUEST THE CITY COUNCIL TO APPROVE THE CHANGE I THE LOAN LIMIT FOR THE REHAB LOAN PROGRAM FROM $15,000 TO $17,500 WITH A 10 C NTINGENCY DEDUCTED ON SWEAT EQUITY JOBS ONLY. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: BURNS, BRADSHAW, FIXTER, PETERSON NONE ABSENT: BEIER Foreclosures and Lawsuits Mrs. Jonas discussed one of the Rehab cases whose contractor is suing them because they terminated his contract. This family then came to the EHA to borrow the money to pay he contractor off and finish the work on their house. Mrs. Jonas stated that Mr. Wickersham, EHA Attorney, filed a motion to dismiss the case because the contractor had shown no case against the EHA and made a second counter claim for damages in the amount of $10,000 plus court costs and other costs that the court deems as just and proper. Mrs. Jonas stated that the family has now countersued against the contractor and did not file suit against the EHA or the City. Ms. Powers stated that the family's suit did state that they would take action against the EHA and the City if the EHA made any moves to foreclose on their loan. Discussion ensued regarding this matter. Simon Center Assistant Manager Applications Mrs. Jonas stated hat the staff picked six top choices to interview for the Assistant Manager position at the Simon Center. These people were then called for interviews and for one reason or another all declined except one couple. Mrs. Jonas sta ed h his one couple will be in erv~ewed tomorrow. She staled that this couple comes very well recommended. She sta ed that the man is an emergency medical echnician and has been El Paso County Sheriff Department 's Medical Officer for sever 1 years. Mrs. Jonas stated that he couple is very active with a lot of elderly projects in Colorado Springs. The woman has good clerical background also. Mrs. Jonas stated that a couple from Kansas also applied nd will b in town next week for an interview. Manag nt Review Mrs. Jon s discussed so contin~ng problems with c rtain ten nts in the Simon Center. Discussion ensu d reg rding this mat er. St tus of Propos d Projects Section 8 Modera Rehab -Mrs. Jon s stat d that he Colorado Housing Fin nc Authority (CHFA) applica ion was submitted for the Mod Rehab d monstration proj ct. Originally HUD said th re w re 100 units available; n here are 107 additional unita av ilabl • Mrs. Jonas a tha HUD asked tha EHA if we'd be willing o hav r than the 25 units we w re applying for. Mra. Jon s stated that the EHA told CHFA on an informal basia ha w 'd attempt to go for SO uni a with the nding ha when he EHA doea he advertising nd the uni a are not avail le l dlorda are no willing o go along wi h th program, CHFA would f nd ao else o give he additional unita to. Mra. Jonas s at d th t ~aing for landlords un il January of 1 82 as financing have o be worked ou betw n the four citi a involv d ~d CHFA. are Lit le on, Englewood, Arvada and Aurora. D acusaion -12- • I • • • • • ensued regarding this matter. 1,.. Burt Project Update • • Mrs. Jonas stated that the EHA needs to talk to the Finance Director and he has been tied up in employee negotiations all week. She stated that the EHA needs to meet with Burt and ask for a proposal on number of units, square footage, estimated costs, etc., before meeting with the Finance Director. Mrs. Jonas stated that she met with an architect from the R.V . Lord firm in Boulder to get his advise on this project. She stated that he had several suggestions and stated that he would be willing to offer his firm to be the developer as the EHA is not qualified to be a developer . Mrs. Jonas stated that this architect has talked with Nancy Elkind, attorney for the Burt Project, about the possibility of this firm becoming the developer for this project and the EHA would be the management firm once the project is constructed . Mrs. Jonas stated that Max Saul has also stated that he could find a developer for this project. Koza Property Mrs. Jonas discussed the 13 sites that Mr. Koza had wanted to develop as sale units. Mrs. Jonas stated that she checked with CHFA to see if there was any funding available and if they would approve these sites . Mrs. Jonas stated that she spoke with Kevin Marchman from CHFA and he had already reviewed these sites for Mr. Koza. Mr. Marchman told Mrs. Jonas that these were good sites but that there was nothing the EHA could do as far as an ownership program; however, Mr. Marchman anticipates that CHFA will have a Section 8 New Construction alloca- tion for 1982 and that even thought they have a long waiting list for these allo- cations, CHFA would look extremely favorable and with high priority on the City of Englewood if we c ame in with an application for family units. Mrs. Jonas stated that the EHA would have to get an initial application in very soon to CHFA. Discussion ensued regard~ng this matter. MOTION REV. FIXTER MOVED AND BEV BRADSHAW SECONDED THE MOTION TO HAVE THE EXECUTIVE DIRECTOR, FRANCES BUCK JONAS, PREPARE AND SUBMIT AN APPLICATION TO THE COLORADO HOUSING FINANCE AUTHORITY (CHFA) TO OBTAIN FUNDING FOR THE 13 SITES ED BY MR. KOZA. THE MOTI ON CARRIED AS FOLLOWS: AYES: NAYS: BURNS, BRADSHAW, FIXTER, PETERSON NONE ABSENT: BEIER Director's Cho~ce City Budg Mrs. Jon a st y r 1982. r V~SlOn input 1n o Mrs. Jon 1 Mrs. Jonas Tha tion ho the City is beginning their budg t pr r tion for th 1ons also h v to be done for th r ind r of 1981 for Mz a. Jonas st ted th t sh felt i was good to get the Bo rd's as h Hous1ng Division st ff acts as th Bo rd's at ff. two new Counc-~1 at the e po itiona will be fun d only for the -13- th bu th IliOn h • • I • • - • • • • • Mrs. Jonas stated that the EHA has received verbal approv~l from the administration on the reclassification for Al VanDemark, Rehab Technician , since he will be supervising and will be responsible for other duties. Ms. Powers stated that this would not be a reclassification, it would be a temporary promotion for the 18- month period of the 1981 CD grant. Mrs. Jonas stated that Cindy Adams has been working as a Secretary for several years and has been getting paid as a Clerical Technician. She stated that the EHA has been attempting to get this position raised, but has been turned down in the past. Mrs. Jonas stated that the EHA finally received verbal approval from the City Manager on reclassifying this position from Clerical Technician to Secretary. Mrs. Jonas stated that the EHA is concerned with Pat Arnett's position. Ms . Arnett is a Section 8 Specialist. Mrs. Jonas stated that the only way the only way the EHA could get this position approved as a permanent position was to classify this as a Clerical Technician. Mrs. Jonas stated that Ms. Arnett is not a Clerical Technician, she is a Housing Specialist. Mrs. Jonas stated that Ms. Arnett has to know HUD regulations, negotiate with landlords, counsel tenants, among other things. Mrs. Jonas stated that she is working on getting Ms. Arnett's position reclassified for 1982. This position is not being paid for out of City funds, it is being paid for out of the Section 8 Administrative Fee which is EHA funds; however, the position's salary has to be approved by the City because Ms. Arnett is a City employee. Mrs. Jonas stated that she did a salary survey of some other cities who have this position. Mrs. Jonas briefly discussed her findings. Ms. Powers stated that she is going to ask the City to have Mrs. Knopinski's position re-evaluated since her responsibilities have changed. Ms. Powers stated that the Housing Division is growing and has changed over the past few years . Responsibilities have also grown and changed within the Housing Division. Ms. Powers sta ed that she will ask the Ci y to re-evalua e all positions in the Housing Division . She stated that she would appreciate the EHA Board's greernent to request a re-evaluation of the positions in the Housing Division based on new responsibilities. Ms. Powers stated that if th EHA feels uncomfor le with the salaries of he Housing Division staff, they should be able to ask Personnel to do a salary survey. MOTION CINDY PETERSON MOVE D AND REV. FIXTER SECONDED THE MOTION TO REQUEST THAT THE CITY OF ENGLEWOOD RE-EVA LUATE ALL OF THE POSITIONS IN THE HOUSING DIVISION. THE MOTION ~ED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON BRADSHAW BEIER Ms. Br dsh w stated h she voted ag inst th sal ry survey because she f els o of the benchmark cla-sifica ion p y scales ar too high ~n proper ion to the Metro Sh d th t she feels hese types of things n ed to res a ed th t she ~s agains h~r~ng any e xtra people. Ms. Pow n w pos~t~ons re being r quested. Ms. Bradsh w s ed h t n pos~ ions is being reques d which requires e x tr unds. v. Fix er s posi ionr> ~n ted tha he mo ion i h Hous1ng Division. to r ques re-valu ion of th d ffer n Discussion ensu d regard~ng his mat er. -14- • I • -• • • Report of the State NAHRO Annual Conference l Mrs. Jonas stated that this conference was held in Estes Park and was very informative and helpful. • • Commissioners' Choice Mr. Burns asked if any of the Commissioners were interested in attending the Commissioners' conference in San Antonio, Texas July 30-August 2, 1981. Discussion ensued regarding this matter. There being nothing further to discuss, the meeting was adjourned at 10:10 P.M . -15- • I . - • • • • • The Englewood Housing Authority Minutes of the Regular Meeting on June 24, 1981 were officially approved by the Commissioners on July 29, 1981. r'rances Executive Director Englewood Housing Authority • I . • • • - WATER AN~· :~ BOARD July 28 , 1981 Regul ar Meet ing The meeting wa s cal l d to order at 5:04p.m . by Chairman Gibson. Membe rs present: Also prese nt : Members absent: ib son, Best, Feamster, Fullerton, Gis ebu rg, Hi gday, Otis, Fullerton Stewart H. Fonda, Director of Utilities Sch nackenberg, Fitzpatrick I. CITY DIT CH PROBLEM AT WO LHURS T LANDING, JUNE 29 Mr. Fonda stated an d illustrated the problem that caused the bank to wash out on the City Ditch during a heavy storm. Wolhurst is now attempting to collect damages from the city. 8 Mr. Fonda recommended tha t we send a letter requesting (1) reparation of our costs, and (2) r eplacement of the whole section of ditch in pipe or removal of the fire exit . Mr . Gibson moved : Mr. Fitzpatrick secon ded: To send a letter asking for reparation for work completed repairing the bank,replac ement of the ditch section i,, pipe , and obtaining Ayes: Nays: Absent: a permit for the fire la ne crossing of the ditch. Gibson, Best, Fea mster, Fullerton, Giseb urt, Higday, Otis , Fullerton None Schnackenberg, Fitzpatrick ti on carried . II. SELECT DATE FOR RANCH CREEK TRIP Mr. Fonda recommended an alternative to Ranch Creek. Borias Pass wa s suggested so that the Board would be familiar with this area when the City proceeds with development of the water right . Differen t dates for th trip were discussed . Septembe r 12th was decided upon I I I. PROGRESS OF WATER SERVICE LINE CLEA NIN G IN AREA DISCUSSED AT MAY 26th MEETING. Mr Fonda r ad a 1 tter sh ing the results of water analy sis in Zo ne 2. Mr . Fonda recommend d the city set up a program to bore the lines us ing volunteers who ~ uld let the ci ty xpe riment with their se rvi ce 1 in s . • I • • • • • 5 c ~ BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO JULY 8, 1981 MINUTES Th e r e gular me ling of the Board of Adjust me nt and App eals was calJpd to o rd e r at 7:30 p.m . by Chairman Chester Ha llagin . MEMO ERS PRESENT: Kr e1 l i n g , Seymour , Gag , Bro wn , Dawson ll all agin MBinERS ABSENT: Leonard A!...SO !'i1.8SE'T : Powt>r:-;, D1re tor of Commun1ty D v JopmLnt Roman:-;, A&&1.lant Dirl'c or-Plan~1n~ Holland , A~s1~tan1 Ctt ConlPy , Rt>cord1n~ • • BOARD MEMBER SEYM UR MOVED THE JUNE 17 , 19 1 REG LA ADJUSTM ENT A D APPEAl . A Board AI mb r· Gag st•cond d t ht t 1 po n a call of the r·oll , all mt>mb .. r. vottd 1 mjnutes stand APPROVED as wr1 Pn. • + * • • • OF f 1rmat1ve. The DROW MO ED TO APPRO L THE FINDINGS OF 0. 19-1, JAMES IIAVLAT -4397 SOUTH DELAW RE STR ET , ASE 0. 21-1, ROBERT L . 1ESTA'- 2524-2 SOUTH ZUNI STREET , CASE '0 . 22-8 1, JAIES YOCII -2202-0 SOliTII VALLEJO STREET , CASE 0. 23-81 , LEON lARDESEN -2265-87 WEST VASSAR AVE UE -2261- 88, 2302-16 WE ST HILL IDE AVENUE, CASE NO. 24-81, R. VERNO STEVE S -3835 SO TH LOGA STREET , CASE NO. 25-81 , CHARLE S HAVES-3573 SOUTH DOW 1 G STREET , CASE NO. 28-81 , L·ILA W. GORDON -400-06 EAST NASSAU AVENU E AND CASE 0. 30-1, ROBERT S. BRTOLA -329 ' OUTII WASIIINGTO STRI:ET AS WRITTE Board M(mbt>r SPy mo ur s ondpd ht m t1on . • I • • • • • • Mr. G1sebu t move : Mr . Hi gb y seconded : Th at t he meeting be ad j ou r ned. Ayes: Gibso r Best, Feamster, Ful l e rton , Gise bu r t, Hi gda y , Otis, Fullerton Nays: None Mation carried. Meeting adjourned a t 6:00 p.m. The next meeting of the Englewood, Water and San itation Board will be held on September 8, 1g81 at 5:00 p.m . Respectfully submitted, ~~ Cathy Burrage Recording Secretary • I • • • • • .. .. -2- All members cast their votes . The vote resulted as follows: AYES: Seymour, Gage, Brown, Dawson, Hallagin NAYS: Kreiling ABSENT: Leonard Chairman Hallagin stated that with five (5) affirmative vot es the Findings of Fact stand APPROVED as written . DON L. ESTES DARYL C. MASZTALER * * * * * * 2000 WEST WARREN AVENUE 2211-13-21-23 SOUTH TEJON STREET CASE 29-81 Chairman Hallagin noted this is a continued case and asked the appli-cants to present their eviden ce. Dorothy Romans, Planning Director, indicated the applicants have not contact d the Planning Division with any additional plot plan. Chairman Hallagin 1nstruct d the Staff to send a regist red letter to th applicants notifying them t h e case would be dropped from the agenda of th next r gular meeting if no word was received. * * * * * * ELOY E . CASTRO 4 77 SOUTH CLARKSON STREET CASE 20-81 REQUEST: The applicant i r qu sting a varianc from the requir d front yard setback of 25 ft. to 17 ft. for th purpos of co nstruct- ing a front porch. Th1s 1 a v r1anc of th Compreh nsive Zoni ng OrdinanceS Ctlon 22.1-4 h. {2)(a)-Minimum Front Yard. Chairman 11 llagin verifi d that prop r po ting and l gal advertis1ng of this va ·e had been given. Th staff report was ent red in th record. Elo Castro, 1173 South Julian, D nv r, was sworn in for testimony. lr. Ca tro not d the hous is b ing occupied 1 y his son and the porch was started without his knowl dge . 11 noted th roof would b tak n off and that th r quest is for an op n front por c h. Ther was no on pres nt who wi h d to sp ak i n favor of or in oppo- sition to th varianc Ch irman H llagin clos d th Public H aring . I • • • • • • BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 20-81, ELOY E. CASTRO, 4677 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE FROM THE REQUIRED FRONT YARD SETBACK OF 25 FT. TO 17 FT. FOR THE PURPOSE OF CONSTRUCTING A FRONT PORCH. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-4 h. (2)(a) -MINIMUM FRONT YARD. Board Member Gage seconded the motion. Al l members cast their votes. Th e vote resulted as follows: AYES : Kreiling, Seymour , Gage, Brown, Dawson, Hallagin NAYS: None ABSENT: Leonard Chairman Hal lag in stated that with six (6) affirmative votes the variance was GRANTED . • • • • • • -3- JACK 0. STUBBLEFIELD 15 EAST QUINCY AVENUE CASE 31-81 REQUEST: Th applicants are requesti ng a variance to p rm1t a c hange in a registered Non-Conforming Use for the purpos of op rating a retail stablishm nt. This is a varianc of th Compr h nsi Zoning Ordinance Section 22 .6-4 -Chang in a Non-Conform1n Us Chai rman Ha llagin v rified that prop r posting and of this ca3e had be n given. Th staff r port was record . Jack Stubbl field, 201 South Santa Fe Driv , Littl ton, w 8 sworn in fort stimony. Mr. Stubbl.fi ld noted th busine s would sell w tkin products and port ble keros ne h aters and fu ls. He noted there is adequat parking on th premis s . Mr. Stubbl fi ld indicat d th maximum mount of tim for an individual to be in the stor would b approximat ly thirty (30) minut s . H m ntion d tha he and hi wif ar th only sal sp opl involv d in th busin ss . Chairm n Hall gin ask d if th r wa anyon pr s nt who wi h d to sp ak in favor of h variance. Barb r P nn y, 4352 South Ev r tt, Littl ton, was sworn in for t stimony. Mr . P nn y not d h is th r al or handl ing h al of th prop rty and al o a clo' fri nd of h Stubbl fit.ld' .. Sh • I • • - • -4- mentioned thP bus1n ~ · would bP cnmpat nd would not detract from h" r<'sid· '1 ho od. !Ja 1rman Ha ln gin ask<>d 1f thPrP ·~as peak in opposition to th ~ v:rtuncP. ~rgu rite Young, ·1295 South L tn coln )n}. Afl·s . Youn· 5tated ,...!J, l l\'t'' men tioned her concern tha thr bulld Chairman Hallagin e~plainert b, ~;rant.C'd ::,p c1fically to outle . Chairman Hallagin BOARD MEMBER JACK 0. Board Mem e r Bro\\n s <.'Otodl•d the r c • • • with n ctjac nt development char t r>r o f t h neighbor - e pr • en t •h o wi she d t o w s worn in lor t ~t - frn~· o f th proper y and c1 l comm r iall} z nt• tnce , 1f approved , would uhhlt 1 ield for a r tail lil'll.art ng. C \ F. '0 . 3 1 -8 1 FASl 'J '~!Y I IT A CHA. 'GE f)R TH E PU RPOS E THIS IS A ORDI\ANCE IUJI 'G l SE . 1 I CAt 'T \IR. !O n. All m mtwrs cast their vot s . The ot lf~SUltP d as Iollows : AYI:S: .'AY : ABSE 'T; Chatr:n II \ .I 1' 1 llCI v.a Dtscu SHill ••n •r nt tng of Kr iling , Hallagin ,OOl L ( 1111 rtl d S• ym o ur, Gag• . lrov.n , I ~son, it It 1 6) a If r.: t l \ Ot I h . .. • I n rd and ~ nn Po ·din • I • - • • • • Board Membe r Gage seconded the motion. All members cast their votes. T h e vote resulted as follows: AYES: Seymour , Gage , Brown , Dawson, Hallagin NAYS: None ABSTA IN: Kreiling ABSENT: Leonard Chairman Hallagin stated that with five (5) affirmative votes and one (1) abstention the motion was APPROVED. -5- There being no further busin e ss before the Board, Chairman Hallag1n adjourned the July 8, 19 1 regular meeting of the Board of Adjus ment and Appeal s at 8:35 p.m. * * • • • • • I . • ORDINANCE NO. ~ SERIES OF 198y--- • • • BY AUTHORITY COUNCIL BILL NO. 66 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, 1982 THROUGH DECEMBER 31, 1983. WHEREAS, a tentative agreement dated July 8, 1981 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 tenative agreement was duly rat1fied by a majority of the members of t he Englewo od Employees Association; and WHEREAS, Section 5-10-l O(c), as amended, requir s that the tentative agreement be approved by Ordinance duly pass d by City .... ouncil. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sect~o~l. That the tentative agreement dated July 8, 1981 by nd between the City of Englewood , Colorado, and the Englewood Employees Association, effective January 1, 1982 through December 31, 1983, a copy of which is a tached hereto and made a p r h r of, e and the sam is hereby approved. he Mayor of the Ci y of Englewood is hereby directed o execu e he collective bargaining n he City of Englewood and the Englewood Employe s d July 8, 1981, and he Dir ctor of Finance, ex y rk-Tr .asurer, shall a es th sam. ect1on 3. A copy of s 1d gre m n is on fil with the Director of F!nlnce, ex officio City Cle rk-Treasur r, summary of which is as follo s: Said Agreem nt consists of 15 ypewritLen pages, titled "M mot ndum Of Und rstanding Between The City Of Englewood And The Englewood Employees Associ tion." Th duration of th Agree- men is from Janu ry 1, 1982 to and including Dec mb r 31, 1983. • I • - • • • • • • The Agreement recognizes the Englewood Employees Association and defines those persons included in said Association and those persons excluded from said Association. Employee rights are defined in Article III thereof. The hours of work are generally 40 hours per week with exception for certain shift work. Over- time work is generally compensated at the rate of l-l/2 times normal rate of compensation. Certain positions are allowed compensatory time 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. Re irement benefits, layoff procedure, leave of absence and grievance pro- cedures are establi shed 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 9.5% increase on base wage rate effective January l, 1982. The parties have agreed to reopen wage negotiations only based upon a wage survey to be conducted in October, 1982. 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 reading on the 3rd day of August, 1981. Published as a Bill for an Ordinance on the 5th day of August, 1981. Read by ti le and passed on final reading on the 17th day of August, 1981. Published by title as Ordinance No. _____ , on the 19 h day of August, 1981 . Series of 1981, Eugene L. Otis, Mayor Attest: x officio City Cl rk-Treasurer -2- • I • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. ------ -3- I • • - • • • • MJ::MORANDUM Ul· , .l!'ERSTANDING BETWEEN TilE CITY OF ENGLEWOO D AND THE ENGLflJOOD EMPLOYEES ASSOCIATION Th is Agreement e ntere d into by the ~!ty of Englewood, Colorado and the Englewood Employ ees Ass o ciation has as its purpose the promotion of harmoni ous relat i on s between the City o f Englewood and its Employees, a fair and peaceful procedure for the res ol utio n of differences; the establishment of rates of pay an d h ours o f work, and other conditi ons of employment as set out in the City Ol arte r . Except where limited by express provisions elsew-here in this Agreement, no thing in this Agreement shall be construed to restrict, limit or impair the r ights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Olarter and Municipal Code. The rights, p e rs, an d authority inc lude, but are not limited to, the following: A. Uetermine t he overa l mi s sion of the City as a unit of government. B. To ma in tain a nd improve the efficiency and ef f c tiveness of City ope r ation'". c. To de t"rmine l h performed , th b ud etcd. service s to b e rendered, the operations to be techno l ogy t o be utilized, or the matters to be D. To det rmlnc th~ ov rall m thodb , p roce s s~. me ans, j o b clab&ificat ions or per .. onn 1 by which Ci ty opu r .;tion are to be conduct e d. E. To direct, bupervise , hire , proo10te, trans ft!r , assign, s ch ed ule, retain or 1uy-u(f employ es . F. 'lo bu penu, <.l~:..:lpl!.n.,, dt ·ch<~rgu, n d duwo te Lor ca ut~e , a il f ull- ti .c perm;ment classified mploy e H. 1. .J. lo rc i ve employe :> ! rv .. 1 ..!ut.le~o b c a use o f l k of work or fund s , or 'nd r nditions wh u• the City de t raun s con ti n u d work wou l d be in tf1"1 nt or nonprodu t !vc. o to11< wt.I<L VI! oth <H.L nub 1 y be neces s ary t o c arryout th wish • of th put;llc ••vt J l h.:t"Wib u s pecifi d h r ein or limited by a coll ctiv L r~~! 11n~ Jb•~e ~nt. a l ons tu . .Jrry ou t th sa l on o f th City i n cdn 11 ll p1 clud t h e City fr om onf rring with 1 r pucpu ' vl d.,v 1 p i ng pol ic ies to ff c tua t e or t tlu.: buv~·euu. •t •t c..! ri~hu •• • I • ( • • • ,. • The City retains the right to chanb~ ~ny past practice which is not h c onflict with this Agreement. In the event a past practice is sought to be changed y the City Manager or Department Heads, the Association will be provili<'d prior notice of the intended c hange. The Associat ion ret ains the right to grieve any change in practice which is in conflict wi th this Agre ement. ARTICLE I. DURATION OF AGRE•MENT A. This Agreement shall take effect on January 1, 1982 and shall conCJliU!! in force co and including December 31, 1983. 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 s e ction should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this Agreement ~hall 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 parti agree and und~rstand that provis~ons relating to employe~s covered by this Agreement shall in no way displace or modify pr sent or future statutory or ca~e law of the State of Colorado. t.. lh partitb adl.nowlcdgt! that during negotiations whi<..h resulted in this A reem nt, ea h h d the unlimited right and opportunity to make demands and prop.;~ ls with r~c po.: to any subject or matter appropriate for meet anc.l confer discus~oiou!i nd that the understandings and agreements arrived at by the parties after thit. '"' u. t.. of that right and opportunity .1re bet forth in chis Agreement. A fiCLE 11. Rt::COGNI110N Th City ecognized the Engl wood Employees Absoci tion as th~ employe organization c rtified by the Car.,er Service Board of the City of Englewood at. the ex lu iv r~presentativc for the public employees within the following b rgd i nln~ unit. lnclud •d : All full-U ·, cl"'""Hi d non-•rjlc ..:y .: loy o. of t.h CiLy. x ludcd: All su .:rvl:.\Jry, lldt;~.:!.ll, ..: 1fid nt~ , p rL-Li •, por ry, ea on.:sl, nd contractu 1 employl!uo, stud nt and all 111 loy eao hir d throu h th Ulil! of Federal, stat or other out ide funding 6ourc s for s p d l pr o j ·t s oc vr t,ra all oth u who y b d~tt rmin d by thll r e1 S rvh !So d pt or during the life of thib Agr nt s p tovid u u.d r the C ty 1ul m •d I .-l fl J 1111 1 , "" 'Whu 1 .. no t • con tid ntidl o r •11• •t l ,ur hull h.Jv thtl ri ht: • loy I • • • • • • A. To form, join, support or parti.t ipate in, or to refrain from iorming, joining, supporting, or participating in any ~mployee organization or i~ lawful activities; and H. Bargain collectively through their certified employee representative. C. o 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 IV. HOURS OF WORK All departments, functi ons or activities shall observe office and yorldng hours necessary for the efficient transaction of their respect~ve services. Such have been determined lor non-emergency employees as folloYs: A. All employees covered by this Agreement shall work at least forty (40) hours per Yeek, 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 head with approval of th City Manager. Jl. Employee.; shall b •ntitled to two (2) rest periods not to eX<:t!t!d fiftt n (15) minutes for each day of work. Rest periods shall be under th control or th supervisor or department head. A TICLE OVERTIM.E WORK A. For 11 employees covered by this Agreemen t , except as specific~ below , duties p rformed over and above the assigned work schedule shall be considered ov rrim Ov rtl e hall not b computed nor compensation allotted on prcvioualy accrued ov rtim B. All p rsonnel subject to overtime shall be compenBated for overtime work at the rat of one and one-half (1~ times the normal pay rate or compenBatory tim off during normal wo rk hours, computed at the r te of one and onL~h lf (1~) tim ... h • (; ty n:ldiu .. tilt: t l.bhl to .Js&ign overtimu work to any employee qualified t p rform th work. 'lh t oll .oli•i> pu .. 1t1on bhall be exclud d from the abov overtime provi i on. The current pra tic.e of offering comp n tory ti.llle off for these posit ons ah 11 cont1nu • 1. 4. s. 7. 8 . r .. -An ly t W lit w t r Tr t nt Plant/Finance t.uordin tor "• tor • I • • • • • • Page 4 ARTICL~ VI. ACTING PAY All acting positions will be c ompensatt!<J .t t one-half the difference l.loetlotol n the employee 's actual classification and that ~n which he is acting as approved by the appointing authority, namely the City ~~ager. The employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible fo r acting position compt!nsation. Such pay will be r e troactive to the first d ay said employee assumes the responsibilities of the pos ition ARTICLE VII. MERIT INCREASES All merit increases provided for the employee will be considered upon th~ a nniversary date and shall not be considered automatic, but rather, based upon performance. Said merit i ncrease may be granted or denied to any individual employee upon recommendation of the department head and with the approval of the City Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE VIII. COMPENSATI ON A. ~ach employee in th~ classified service shall be paid at one of the rates set forth in the pay plan for the class in which he is emyloyed. B. At least the minimum rate of pay for a class shall be paid t o an employee who is starting his mployment with the City. C. When a re ular full-time position not under the classified service is bro ught into the clas ified s rvice, the rate of pay of the incumbent may b s t by the City at the step clos est to his current rate in th grade tablish d for the ldss. In such as es there will be no reduction in pay. D. A cha gc in nniv rsary date will result when: (t) Th o:mployce is on leave witho ut pay. The pr vious anniversary date shall be adjusted one month for each twenty-o (22) working days of leav without pay in any twelve ( 12) month period. {;l) Th e loy e t rmin tes his Ulployment and later is re-e loy d. Th new anoiv rsary date h.1ll be det rmin d by hia new employment date. 0) n it is determined that th mp loyee merits n :Lncr~ase, the date of th 1m.: rea will det rmin th new anniversary date. E. E loye~:s ot th Clty o Englewood repre~>ented by the Englewood Employee As o<·i tion and cov..:red by this Agre ment shall receive 9.5 percent incr as on th b &e ag r t effectiv J nuary 1, 1982. r. Th p·rt ~~ &r e to reop n w g n gotiatLOn& o ly b ed upon w &e u v y to be ondu l d prior to I) tober 1, 1982. goti tions shall co nc on O~tob 1, 1982 and conclud on or before Nov mb r 1, 1982. Froz n po&iti na ah 11 b n otiat d ep rat ly • • I • • ( • • • - Pug e ',~ ARTICLE IX. LONGEVIT Y COMPENSATION ln addi t ion to an employees monthly salary. the employee shall be eligible for lon gevity compensation based upon the number of years of continuous servic~ with the City and shall be derived from the following schedule. Years of Service 0-4 5-9 10-1 4 15-1 9 20 or Amount of Compensation Non e $12 p er month for $144 per year. except for those employees wh o have not completed 6 full year s of continuous service on December 1 of any year. which employees shall receive an amount equal to $12 for each fu ll month of c ompleted continuous service af ter completion of 5 years of continuous service up to December 1. $24 per month fo r $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 amoun t equal to $12 for each full month of completed continuous service after completion of 10 years of continuous servi ce up to December 1. $36 p~r month for $432 per year. except fo r those employees who have not completed 16 full yea rs of continuous service on Decemb e r 1 of any year . which employee shall receive $288 plus an amount equal to $12 for ea h f ul l month of completed con tinuous service after completion of 15 years of service up to December 1 . mo re $48 per month for $576 per year . except for those employees who have not compl ted 21 full years of continuous service on December 1 of any y e ar. which emp loy e shall receive $432 plus an amount equ 1 to $12 for ach full month of omp leted continuous service af t e r completion of 20 yea r s of continuous setvi ce up to December 1. ARTICLE X. PROllATlONARY t:MPLOXI:.ES In pr bauon ry period for all newly appoint d employe 11 ah 11 b twelve (12) months from th d te of hire. Aft r completion of the probation ry p riod. th mployc 6oh 11 be iven p nn mmt atatu • ARTICLE Xl. P OMO 'ION S A. A promoted ~ity c l(ycc sh 11 r c iv a ainimu• o o and a tw~:lve (12) th t ft r having ix (6) m nths . s t tu • tee v a o ne ti l a • ..t: ble in th OL·ut statu n n ·w (12) month p riod. mp oyee ~rior t o t•e riuJ. tl. mplo e h•ll • .en •tatu in l • I • • • • • B. Any permanent employee in tht c.lnssified service upon being protWted to a n..,,. positi on in the Career Service System s hall have probationary status a.s s et out above in any position to which he vas promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the appointi ng authority. ARTICLE Xl I. ANNUAL LEAVE A. Employees covered by this Agreement shall accumulate annual leave monthly at the rate of I~ days per month of active service. Annual l e ave shall not be granted t o any employee until after c ompletion of twelve (12) months consecutive service with th e City unless otherwise authorized by the department head. In order to qualify for annual leave credit during the month, the employee must have worked for at l east one-half (~) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous servic e, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City, employees shall acc umulate annual leave at the rate of 1~ days of annual leave per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excl uding authorized paid leave. the maximum a ccumu la tion shall be 40 days. C. Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum accumulation has b en reached. The schedule for use of annual leave shall be determined by the needs of the depart nt Annual leav sha ll be taken at a tim convenient to and approved by th d partment head or sup rvisor. Annual L av Pa y Th r t of annu 1 1 ve pay shall be the mployees regular stral.&ht tim hourly r te o pay f or th employ s regular job and charg d on a working hour ba is, xcludin• holid ys and r ular days off. Annual 1 ve shall b allow d only to the tot l hourly amount accumulat d at th beginning of the 1 ave, v rifi d by th depart nt h d. Employees may receive their annu 1 1 av pay no rll r than three (3) days prior to the &tart of their annual 1 ave, provided th e mploy mak a vritt n requ t to thei r sup rvisor fift en (15) calendar days prior to the at rt of th 1r annual 1 av • Wor It after th ea;ploy ha.s b &un their &MU4l 1 av and th "~?loy tu work during th sch.;dul d annual 1 ave p riod, th be ch r d with v cation tim for th number of hour worked • • City requiru the mplov hall not I • • - • • • • l'a !;c I HOI~ Charged Annual l eave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any emp loyee wh o is S f'parated from the service o f the City, i.e. rctir"m~nt, termination or layo ff, shall be c owpensated for the unused annual leave t.itllt! accumulated at the time of separa tion. ARTI CLE XIII. PERSONAL LEAVE Effe c tive January 1, 1982, all employees covered by this Agreement shall b e granted "8 hours of pe rs onal leave time with pay which an employee i s entitled t o use for the following purposes: A. Time lost as a result of illness/injury to the employee or the employee's imme diate family. B. Attend pers onal business. C. Leisure time. For any emp loyee who has not used the "8 hours of personal leave time ending December 31, of each yea r or any portion thereof, the City will compensate said employee for the unused time at the employees regular wage rate to be paid the first pay period in January of each succeeding year. Personal leave time shall not exceed "8 hours nor shall it be accumulated or carried over from one year to the next. Personal lea v bhall b scheduled and administered under the dir ction of t he Departm nt H ad or sup rviaor. In the event of illnesb/injury in which p rsonal 1 v i s requested, shift work employees shall noti fy their supervh.or at le.t:.t one (1) hour prior to th ir scheduled reporting time, all ot h r employe s sh 11 r port at t he beginning of their scheduled reporting ti Person 1 Leave hall be pror ted for employees beginning and terminating e mploym nt with th City during t he calendar year. AR11 C XI V. DlSAlH LlT'i -TOO'OKANY (NON JOB Rll..ATt:D) D finiti un T mp o r ry d1~o bility i 1 ve gr nted or non-service connect d injury or U .ln sa ot an employ whi h dis bility pr v nta th employe from performing hi /h r dutie s City mploye • Pro vi ion lh City agre s to provide t mporary diBability nt as a r sult of illn 11/injury t th rate r w up to 120 cal ndar day of disability • • I • • • • • l'ug<: 6 Temporary disability lea ve shall n .. ·. be accumula tive excep t th at on Junuary 1 of ea ch year the Ci t y shall restore 100 % o f the number of days used by au e mployee during the p rece eding year up to a maximum o f 60 days. Ut i lization A. Au t horiza t ion f or temporary d i sability leave with pay shall on ly b e granted af t e r the f i rs t day of disability. B . Au thor izatio n fo1 temporary disability shall only be gran ted for the followi n g reasons : 1. Personal illne ss or inj ury not service connected , including maternity. Si ck Le a ve Option All s ick lea ve accrued by p e rmanen t employees pri or to J anuary 1, 1980 shall v e s t wi th the employee, and may b e used in the f oll owing mann er: A. After the 120 days a s described above, have been used, unless the e mp l oy ee i s ent i tle d fur retirement as a result of disability. B. By cash i n g in a l l a c crued sick leave accumulated under the previous p l an upon n o rm al r e tire ment from the City at the rate of one ho urs pay f or e a ch t wo hour s of a c crue d sick leave or one hours pay for each four ho u r s upon s epara tion from the City. c. By c ashing ln a ccrued s ick leave under t h e previous plan, once each y e ar at th e conve rsion rat e of four (4) hours sick leave for one (1) ho ur p ay , no t to e x ceed a conversion of more than 400 hours each yea r. Reporting of Temporary Disability The employ c or member of the employee' household shall notify the employee's supervisor prior to the employee 's schedul e d r e p ort ing time. o temporar y disability lea v will be gr an ted to an e mployee who fai ls to notify their supervisor prior to lh beginning of the employee's work schedule. Vcrifi c It shall be th responsibility of the dep art nt h ead or supervisor to determine the v lidity of elig bility of the tempo rary disability. His signature on the leave request form noting temporary disabi l ity ent itlement shall indicate such determination. An attending physician's statement will not be necesa ry until aft r three (3) days of disabil ity e xcep t when required by t he Dep r t nt H ad. Abuse of Temporary Oi ability Abu of tempor.uy di ability occurs when an employee misrep r ett(lnts th c tual reason for r qu sttng temporary disabili t y or when an employ uttes tempora ry dis bility 1 av~ for unau t ho ri ze d purposes . An emplo ye e who k a nlse cl 1m for tt<mpor ry dis bility 1 av a hol l be s ub j ect t o diaci pllna ry ction or dismiss 1 • • I • • ARTICLE XV . ON-'l'HEi-JO B INJURY -DlSAB l l , . . . . • • - A. For any o n-the-job injury which ca.w es any employee to be absent from t40 r k a s a result of such injuty, the City shall pay t:o such employee his full wag~s from th e f irst day of his abse nce from work up to and including the 90t:h calendar day o f such absence, l ess wh:J tever sums received by the employee as disability b enefi t s unde r workmen's com pensation. The City reserves the right to require any em ployee o n injury or disabi l ity leave to subroit to an examination(s) by City- appo inted physician (s) at the City's expense or under the provision of workme n's compensat ion. Th e employee will not be charged sick leave f o r disability under this Arti c l e. B. All i nj u r ie s that o ccur during working hours shall be reported to th e employee's s u p ervi s or within 24 hours of the injury or before the employee leaves t he ir de p artment o f e mployment. ARTI CLE XVI . MIL I TARY LEAV~ A. Any pe nna ne n t or p rob ationary employee who e n lists or is inducted into the mi l i t ary , na va l , air ~r o ther armed services of the United States in time of war shall b entitled t o a le..1 ve of ab~ence without pay for the duration of such war o r unt il honorab l y <.li s .:harg ed; whichever occurs first, and for one (1) year the re af t er. a. An y emp l oyee who shall be a member of the National Guard or any other c omp o n en t of th military forces of the State, nor or hereafter organized or c onsti tutQd und r the S tate or federal law, or who shall be a member of the reserve f orces of the Un i t ed States, now or hereafter organized or constituted under federal law, shall b enti ll d to 1 ave of absence from his employment without loss of pay, ,;eni ori l y , :.tatus , e f fi cie n cy 1·atin~, vacation, sick leave or other benefit~. for .Jll lhe tim when he is eng..1g d wi th s uch organization or component in tr..&ining o r ac t ive service o rde r d or au t:horized by proper authority pursuant t o law, whether for tate or fedctal purpos s , bul nut e x ceeding f ifteen (15) days in any c lendar yea r . Such leav s ha J 1 be a ll d in case the required roilltary service is satisfact o r ily p r forme d, whi c h sh 11 be presumed unless the contr ry is t~tablished. (... 5u ch leav.: oh..ill not be .<!low e d unless the e mployee returns t o h i s publi c position imme iately upon being r el i v d fr o m such military service and not lat r thJn the expiration of th Lim h erei n l imit d for such leave, unless he is prevt:nted fr o m o returnin by ph}»ical o r mental di bility o r other cause not d u Lo h is o wn f ult or it. requir d by p r oper authori tie to continue in such military b rvi ce b yond t hu time h r e i n l i mited tor suc h leave. 0. SubJ c t to r o vi~1on A, B an<.l C bov , the City shall provide full pay to loy g r antud mili t ary l eave , l " whatev r compensation the employee may r c Jv d by the mt lit ry f o r such service. ARTICLE XV II. FUN ERAL LEAV E t11 u • ,u l o.:n t Hc ..1 d ha 11 t h un r 1 of m mlH..o r o f Lh sh 11 bt o v rue<.l by th • circu with po~~y LO flllllily. Th t h Cd •, but in no v nl • I • • • • - exceed five (5) working days. For tht p•;.11 vses of this section, "employee's family" shall mean the employee's spouse, or the children, gr andchi l dren, parCoJnts, grandparents, brother s and sisters of th e em ploy ee or of the employee's spouse. Annual leave may be granted by the Department Head if additional time off is deemed appropriate. ARTICLE XVIII. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty o r as a witne s~> in his official capacity in obedience t o a subpoen a or direction by l e gal authority. He shall be entitled to the difference between his regular compensation and the fe s r eceived for jury duty or as a witness. When he is subpoenaed as a witnesb in private litigation to tebtify, no t in his offici al cap a c ity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without p ay. ARTICI.E XIX. HOLIDAYS A. Tile following day s shall be considered offi cial holidays by the Ci ty: l. New Yt!at·'s D.iy: J anuary 1. 2 , Was hing ton 1 s Birthday: the third Monday in February. 3. M morial Day: the last Monday in ~~y. 4. In dependence Day: July 4. 5. Labor Day: the first Monday in Sep temb er. 6 . Veteran 's Day: November 11. 7. Tilanksgiving Day: the fourth Tilursday in November. 8. lo'our th Friday of November following Tilan ksgiving Day. 9. 01ris tma s Eve: December 24. 10. 01rist~s Day: Dece~ber 25. 11. Ne w Year's Eve: December 31. B. Any e mpl oy cove ed by Lllib A reemcnt w o does no~ po<rfo t>c he duled on th working d ys 1 eJt tely prior to d followln a not receive p y for th holiday unless oth rwlse authori~d by th head. 10ha l nt c . Eligible •mpluye ,. other th n shi t work e loy ~otew ter Trtlatm nt Pl nt h 11 r c ive one d.Jy 's p y or quiv 1 nt th di~ocretion of th depurt •n t he ao to r ch of th holiday perform no work. Employ es 1:equired to work o n n official City holid y ah 11 re iv -h H (1 tim th e!Ut'loyee 's r gular rate of pay for 11 hour~> d in addition to th employee's r gular pay for th holiday or d on•-hal (1~ ti s the numb r of hours ctually work department he d. D. on a Sunday, lh 11 1 g Monday h 11 b ... b of the for oina boUd ya f a ll ntitl d to day off for such holiday, City Hana&~r d t rmi 11, but no specl i purpoli of cloaing City offi • d • I • • • • • • ARTICLE XX. UNIFORN CLEANING ALLOWANCJ:: If an employee is required to wear a unif<Jrm, the employee shall wear the uniform only as authorized by the department work rules. The City will continue to provide uniforms, c leaning and replacement s. The City will provide 50% of the cos t of required work shoes up to a maximum of $30 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 n .. g li!;ence or deli berate act. ARTICLE XXI. TUITION REFUND The tuition r~<fund p1o ram will be continued by the City based upon Lhe funding formula of $20 per 1-erson per number of employees covered by this Ag r eement. ARTICLE XXII. LIFE INSURANCE Term Life Insurance w.1.ll be provided by the City for employees covered by this Agreement of $20,000 for each employee. A conversion privilege upon retirement of 50% coverage payable by the employee will be made available by the Clty for salt! retir~<d employee. AR ICLE XXIII. DENTAL INSURANCE During the life of this Agreement, the City ~>hall pay 100% of the premium co t for the City Dental Insurance Plan or other plan which may be select d by th City s a tiubs tltute for the City Dental Plan for each single nJ dependent policy holder. Employees shall assuiiiC any prelllium rate in reat. Juring the life of this Agreement in excess of $10 of single and $30 of dLp nJ nt cov rage. Any di pute cun n in the interpretation or oppli ati(On of ben Litt. und r h Dent 1 Plan hall be subject to the dispute r solution proccdur only. (lt is xpressly und r!>tood that this provision iii non-grievclble ite un r Uti Agre m nt.) ARflCLE XXl V. HEAL'! II l SUR.\NCI:. -t::MPLO'iEES/IU.'TIREL:S A. During thu llfe 01 th Agro:em..,nt, th City co t tor th City H lth In urancu Plu or oth r pl n which lh Citv s substitute for the City He lth Pl n for ach policy hold r. E.mp loy" • & hdll !>SUI!l.! any p r 111iu11 r te in re li durin lif of thi Agr ~:111 nt in exce .. of lel of th 1981 preraiwa for liin&le d p nd nt r g • II. vrovLd d • I • • • • l'a g~ 12 C. Retirees prior to J anuary 1, 1980 will be provided health insur ance coverage by the City on a non-participat lni; bas is. The coverage will coo r dinate with Medicaid and Medicare wherever applicat le. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month. ARTICLE XXV. RETIREMENT BEN EFITS The retirement benefits for employees covered by this Ag re ement are s~t forth in Title V, Chapter 9, Retirement, of the Englewood Municipal ~o de. The following ch anges shall be ~de January 1, 1980. A. For prior service : .75% of the members final average monthly compen&a - tion , multiplied by the n Uttber of years of credited prior service. B. For current service: 1.5% of final average monthly compensation, multiplied times the number of years of credited current service. ARTICLE XXVI. LAYOFF A. Whenever there is lack of work, lack of funds, or under conditions where it is determln d that continued work would be inefficient or non-produc tive, requiring reductions i n the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determinations, the required number of employees in the affected department and posi tion shall be placed on a recall list or transferred by the appointing authority , each in orde r of his relative length and quality of service as shown by the personn 1 records . B. Employe s on layoff shall be recalled in the order of relative leng th nd quality of service as shown by the personnel records provided that those recalled hav the demonstr t ed ability and same qualifications to perfo rm the available work d te:rmin d by th~ City . The re all list shall terminate after on (l) year. ARTICLE )(V 11. LEA VI.: Of AllSLNCE (W !1'110UT PAY) 1:1 it;ibili ty y b runted 1 v of absence without pay for reason~ d to the duties of th City , aet tl nt of an estate, s of member of th e loy e ' a family, but shall not be purp of obt ining employm nt elsewhere. Leav without p y ah 11 not x d six (6) nth& of any year but may be exten d upon r quest for an additional s ix (6) months. Th total 1 ave tiae hall not axe ed one y~r. Upon r turn fro d 1 a , the employ will be restor d to th ir for r po ition t pot.ition coq> rable or which th mploy e ia qu UC ~:d. unpaid l•av , employ shall not co ntinue to a crUG ervic cL for any City b fiu. I • • • • • - Application for Leave A request for a leave of absence without pay shall be submitted in writing by the emp loyee to the employee's department head. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideratio n of !.eave Reque s t The deparL~~~~:nL head shall grant or deny leave requests, taking into ons d ra- tion the departments work force, work load and the employees request. Failure to Return If an employee faiLs to return by the date of leave expiration, the employ ee shall be co nsidered to have voluntarily resigned from the service of the City. ARTICLE XXVIII. GRIEVANCE PROCEDURE A rievance ia defined aa a claim or diapute by an employee covered by the terms of this Agreement concerning an alleged violation of a specific provision of this Agreement. The employee shall be required to follow the procedure aa se t out below. A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and Ci t y re cogni z:ed ho lidaya. If th employ a is un ble to settle the grievance or diapute or lly and inforiNl lly throuah hie/he i111111 diate auperviaor within five work days of thu date of the occurrence of the grievance, or the aiDployeea knowledge of it, th mploy ithin the auc edina five (5) work day fila a written grievance ith hia /h r au rviaor. The aupe "'iaor shall attempt to adjuat th tt r d ah 11 respond in writin to the employee within five (5) work day • 1t t.h II i\OIU lll by the •ploy e t o th of the 1upervi1 r'a r th 01111 luy ~o~lthin f th It I It Ill pluy , w aal nat••l 1 I" not aat a a ctory , the d partm nt h d within apon a. Thu d partm nt ve (5) work days. tter ah 1 ba present d in writin~ fiv (5) wo rk days following rae ipt h ad shall respond in writina to ul.t 11 melna un djulted, it hall be pre ntad by th Kana er in writin& within tiv (5) wo~ days following th department h ad. Th City Kanaa r or hia/her 1h ll u pond J.n wdtina within ten (10) wor d 'fl· i s t ill 111 .. tLled th• N~•o i (10) w '" J 1 11t t ,. lh 'eply "I by ~o~d t t n notl.ce r u u l /h by I • • • • • .. - the Ca reer Servi e Boa cd. The Career ::."' J.Ce Soard shall be requested to l:;s ue a decision within thirty (30) days after .:vnclu:>ion of te~>liluony and arg\llllo.!nL. Each party shall be responsible for compensati on to its own representatives and witnesses . Failure by the As soci ation or an employee c o comply with any time limi t a tion s hall constitute a settlement of the grievance . Should the employer not respond wi thin the prescr i bed time, the grievance will automatically proceed to the next step. Authority uf Career Service lloard The Cartoer Servi ce Board shall have no power to add to or subtra<:.L from or changto t he terms of t his Agreement. The written decision of the Board shall be (inal and binding upon t he parties. The Board shall limit its decision strict ly to the grievance submitted which has been properly processed through the grievance procedure outlined. Grievance Op t ion I t is agreed that should the appeal procedure as provided under 138:4 of the City Charter or ppli c able City ordinances is utilized, recourse to the gritov anc procedure included in this Article shall be waived. Proct!ssing Gnev.m<-e !Juring Working Hours Gr l ;ev.uu .. e:. U;.>y l>" J.nv«l:itigated and pcocessed by the emploY""' or desJ.~na.ted eop l oyce representativ • during wocking hours within reasonable time limits witho u t loss of p J p 1ovided notice i s given and the work load permits. ARTICLl XXIX. UULS DLDUCTlON A. 'lh.., Cl Ly "1>1'-'"" to deJu t the Association Jues oncu e .. th • nth fro the p y of thos mployee.. h o individually request in writing that t.uch d ductions be dl', t>Ub1ect t o th rni ·hment lawa of the Sta t of Color do. Th a ount& to be d.:ducl J sholl b" c;.ettit td to t he C ty FJ.n nee 0 re tor by the · easurer of th As .. odation , nJ the ag r ute d du tioru. o1 11 loyeo.::li &hall b Lem.i.ttcd togetl10r with an itemized a tate nt to the Tr a•urer by t 15th of th e u ~~..eedin ft.:r uc;.h d ductions are de. Th authorization shall u r vo abl" the tl.!r o f tl e Agr elllt!nt, upon thirty-day wri t t n noti by ity fi n c Director. ll. tlllll .. hall be .. Je fr om only one y ~:nt of wa~;t: e ch nth , except that paid n uthoriz d 1: loye on th la~t p yd y of .1 ~;ivcu mouth, Ju uon to that lllUnth will bu n du f rom y wa~ub wh . .lc;.h y be paiJ to him/her n.:xt su <.t:udil s fin l DIOnthly City payday. It is ly '"' •r ""'d lh t the itv ul>t> 1:1> no li bility and ~oh ll not be liublu 1 pay ·nt co t hu Aslio iation of any due:& durin" y tl th ctu lly workin for th City nd ctually n th payroll o o error on tl ch lr.ofl lilit, th City will not be r entb, until notifi d by the Tee aurcr o th Awao iaL n. Llu II 11 inJ~.;IIIIdly .ud old l.h CJ.tY , ord 1 , v Juds •nta brou ht or iaa n 01 '' u r ~.:n by th City umlur • I • • • • • Pa ge 15 D. Changes in the dues amo u.. t:> b e deducted shall be limited to t wo (2) ch anges each year, and provided a th u Li (30) day written notice is prov! ,le d the City Finance Director. E. Should the change in the deduction amount or method require a comput er programming change, the Association shall be responsible for that cost 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) day s of receipt of billing. ARTICLE XXX . ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during employee's non-work time; and represent employees on grievances and negotiations. ARTICLE XXXI. STANDBY PAY All employees covered by this Agreement and assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. ARTICLE XXXII . CALL BACK Any time an employe e on off duty status who is called back to work shall be c red ited with a minimum of two (2) hours pay at the rate of one and one-half (1~ times the ir r gular hourly rate. ARTICLE XXXIII. MAINTENANCE OF BENEFITS All wage s , hours and other t~rms and conditions of employment granted to the e mploye s covered by this Agreement, the Englewood City Chart r, or Municipal Code, shall continu i n full force and effect at the highest level o f benefits. I n Witness Wh r of , the parties have cau6ied this Agreement to be signed by th ir resp ctiv representatives, and th ir signatur s place thereon, on this __cL_~ y of ,Jv! , 1981 at Englewood, Colorado. I CITY OF E GLEWOOD 1 I • J ~~~x/ 11 ~u./ • I • - • • • • Pagl.! 15 D. Changes in the dues amoU1 .1· to be deducted shall be limited to two (2) c hanges each year, and provided a thilLi (3 0) day written notice is provided the City Finance Director . E. Sh ould the change in the deduction amount or method require a comput e r programming change, the Assoc iation shall be responsible for that cost 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) day & of receipt of billing. ARTICLE XXX. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during employee's non-work time; and represent employees on grievances and negotiations. ARTICLE XXXI. STANDBY PAY All employees covered by this Agreement and assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. ARTI CLE XXXII. CALL BACK Any time n employe e 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~ times th ir r ~g u l r hourly rate. ARTI CLE XXXIII. MAINTENANCE OF BENEFITS All wa ges , hours and other t~rme and conditions of employment granted to the e mploy es co vered by this Agreement, the Englewood City Quarter, or Municipal Code, sh 11 continu in full force and effect at the higheat level of benefits. In itn ss Wher of, th parties h ve caused this Agr ement to be signed by their resp r tive repr s nl tiv , and their signatures place thereon, on this _jL_ H\...uay of -Jvl 1 , 1981 at Englewood, Colorado. I E J»>OOD EMPLOYEES ASSOCIATION ~ CITY OF E GLEWOOD #~L./2' -;d:atl-.. 4 6[(~ tllitdrd j ; ';/~ • I • - ( • ORDINANCE NO . (;_J SERIES OF 198r--- BY AUTHORITY • • • COUNCIL BI LL NO . 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOY EES ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31, 19 83. WHEREAS, a tentative agreement dated July 8, 1981 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of e a ch of th said par ies; and WHEREAS, said tenative agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS, Section 5-1 0-lO(c), as amended, requires that the tentative agreement b e approved by Ordinance duly passed by City Council. NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO : Section 1. That the tentative agreement dated July 8, 1981 by and between the City of Englewood , Colorado, and the Englewood Employees Associat1on, effective January 1 , 1 982 through D cember 31, 1983, a copy of which is a tached here o and m de a part hereof, be and the same is hereby approved. That the Mayor of th City of Englewood is her by au horized and direc d to execute the collective bargaining grtement between he City of Englewood and th Englewood Employees Associ ion d· t d July 8, 1981, nd the Dir ctor of Finane , ex officio Ci y Cl rk-Tr sur r, shall a tes th same. S ction 3. A copy of sa1d gre ment is on file with he Dir c or of F1nance, ex of icio Ci y Clerk-Tre surer, summary of which 1s s follows: Said Agre m nt cons1s s of 15 ypewritt n pages, titl d "Memor ndum Of Und rstanding Be w en The City Of E ngl ewood And The Englewood Employees Assoc1 ion." Th dura ion of he Agr e- ment lS from J nuary 1, 1 82 to nd 1ncluding Dec mb r 31, 1983. • I • • - • • • • The Agreement recognize s t he Englewood Employees Association and def ines those persons included in said Association and those persons excluded from said Association. Employee rights are defined in Articl e III thereof. The hours of work are generally 40 hours per week with exception for certain shift work. Over- time work is generally compensated at the rate of 1-l/2 times normal rate of compensation. Certain positions are allowed compensatory time off. Provision is made for acting pay, merit increases , longevity compe nsation, annual leave, personal leave, disability, on-the-job injury/disability, military leave, funeral leave, jury duty and witness service. Holidays are established in the Agreeme nt. 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 pro- cedures 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 9.5% increase on bas e wage rate effective Januar y 1, 1982. The parties have agreed to reopen wage negotiations only based upon a wage survey to be conducted in October, 1982. 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 reading on the 3rd day of August, 1981. Publish d as a Bill for an Ord~nance on the 5th day of August, 1981. Read by title and passed on final r ading on the 17th day of August, 1981. Publ~shed by ti le as Ordinance No. ~, Series of 1981, on the 19th day of August , 1981. Eugene L. Otis, May or A test: X 0 Clerk-Treasurer -2- • I • • - ( • • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasure r of the City of Englewood, Colorado, hereby certify that the foregoing is a true , accurate and complete copy of the Ordinance passed on final reading and publi shed by title as Ordinance No . ~ , Series of 1981. -3- • I • • - [ • • • • MEMORANDUM U} d ll'ERSTAND ING BETWEEN TilE CI1Y OF ENGLEWOOD AND THE E NGL£1.1000 EMPLOYEES ASSOCIATION This Agreement entered in to by the Ci ty of Englewood, Colorado and the Englewood Employees Association has as its purpose the promotion of harmonious rela tio ns between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishmen t 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, no thing in this Agreement shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and th~ City's Charter and Municipal Code, The rights, p owers, an d authority include, but are not limited to, the following: A. Uetermine t he ove rall mi ss ion of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of Cicy opera ti ons. C. To determine the ~oervices co be rendered, the operations to be performed , t he techno l ogy to be utilized, or the matters to be budgeted. D. To d t rmin" th ov r 11 methods, proc s ses, mearu., job clast.ifl. ations or p n.onncl by 'lolhich City operations are to be conduct d. E. To direct, ~>upervilh!, hir.:, proo10te , traru.fe r, assign, ~>chedulc, rut.iin or lay-ll f employees. F. 'lu u:>punJ , dlb lJJlinu, • lbCh.Jr&u, and <.l~:1110t c {or cau .. u, all full- ti. p m nl.!nt cl sifi J rnploy " 1.;, employ b l•·..,,,, dutie~> because o f la k of work or unds, und r c ndi t.loniJ whet the City dct rmincs continu d work would b in f!i~i nt or nonproductive . H. I. 'Lo wi h • ct cul 1 r ectioua. UlCIY b n ce aary to carryout th n ... t vlho:rwi&t: ~;p cified h erei n or limited by -nt. on u th City in tha (;ity fro c nf rrin vith polic181 to eft ctu t or • I • • . ,. • • • • The City retains the right to chanb~ jay past practice wh ich is not i.:> conflict with t his Agreement. In the event: a past practice is sought to be changed by the City Ma nag er or Department Heads, the Association will be provid<!d prior noti ce of the intended c hange. The Association retains the right to grieve any change in p ractice which is in conflict with this Agreement. ARTICLE 1. DURATION OF AGRE~MENT A. This Agreement shall take effec t on January 1, 1982 and shall contH1ue in force to and including December 3 1, 1983. B. This Agreement, or any part of it, may be terminated or renego ti ated at any time by mutual consent of both parties. C. If any article or section of this Agreement should b e held i nvalid 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 Agreement Qhall 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 repla cement for such article or section . D. 'I11e pdr ti es agree and undcrs tand that provisJ.ons relating to employe.:s covered by this Agreement shall in no way displace or modify present or future statutory o r case law of the State of Colorado. ~:;, 111 parti o; a cknowledge that during negotiation:; which resulted in this Agreement, each had the unlimited right and o ppor tunity to make demands and propo 1 with r spLoct to any subject or matter appropriate fo r meet and confer discussions and that th e understandi ng s and agreem nts arrived at by the parti e<> after thi<> ~" •rci .. e of that ri~;ht and opportunity arc <>et forth in this Agrel!ment. AkTlt:LJ:: ll. RtCOG IT ON TI1 Ci Ly n:cognlz.c .. the Englewoud Emp oyees Alot.oc.iation a the employe..: org nhation ~t.rtified by Lh C reer Servi e Board oi th City of Englewood db the exc lu iv rt.pr li nt live for th • public employeeli within the follo win ~; bar '.lin1n unlt: In luJ •d: All full-tJ.m , clut.bitiec.J non-~W:rgcncy clllploy · li ot the City. All <>upcrVibory , managerial. contid ntial, parl-ti • ttl.lllpor ry, asor 1, dlld cant actual employecb, students and all employees hir d toe uoe of F d r 1, st~le or oth r outside funding sources for co •ru "• anJ .sll oth rli who y b deterlllin d by drd puo1 tn or durin the Uf of this A r City Chat:lcr. J lv,~c w u i ot ~otid nti mpluy ~'li'Cl I .ut h.!ll lo.tv • lhi! r.l&ht: • I • • • • • • l'..tge 3 A. To form , join, support or pdrt i, ipate in, or to refrain from forming, JOining , supporting, or participating in dny 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 d1.scuss employment concerru; with the City be infringed upon. ARTICLE IV. HOURS OF WORK All departmen ts, functions or activities shall observe office and working hours nece sary for the efficient transac t ion of their respective services. Such have been determined tor non-emergency employees as follows: A. All employees covered by this Agreement shall work at least forty (40) hours per week, or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (5) eigh t -hour shifts, or other work schedules as determined b y the department head with approv al of the City Manager. B. .Em loyees shall be entitled to t wo (2) rest periods not to exct: d fift~en (15) minutes for each day of wo rk. Rest periods shall be under the control of the supervisor or department head . ARTICLE OVeRTIME WORK A. For 11 mploy s cove red by this Agreement, except ds spe~ifieu bel w, duti es p rformed over nd abov th ao igned work schedule shall be cons1. ered overti mt.o. Overt 1. e "'' 11 not be ~omput d nor compensation allotted on previow.ly accrued ovcrtimt. B. All perso n 1 subje t t o <>v rti shall be compensat d for oVtlrtim work at th rat ot one bnJ on -h~lf (1~) tim the normal pay rate or co pensatory tim off durin or 1 h ura, o puted at th rat of one and one-half (1~) times. fhe City r ta1u to perform l h• ork. c. Th t ... u provioi on. 11 potiitlon ~;I , 11 I. j. 4 . 5. fl. 7. 4bb n ov rt1.m work to any employee qualified bitiuno bh4ll b xclud d from the of off •ring compensatory tim bov overt off for theBe r -Analy t Wastew t r Tr atment Plant/Finance • I • • • • • • P.Jge 4 ARTICLE VI. ACTING PAY All acting positions will be compensat~<J .It one-half the difference b~t\Oc e n the employee 's actual classification and that ..1.11 which he is acting as approved by the appointing authority, namely the City ~lanager. The employee must be in the position for a period of thirty (30) consecu tive calendar days before said employee becomes eligible f or acting position co mp~nsation. Such pay will be r e troact ive to the first day said employee assumes the responsibilities of the posi lion ARTICLE VII. MERI T IN CREASES All merit in c r~as s provided for the employee will be considere d upon the anniversary date and shall not be considered automatic, but rather, based upon performance. Said merit i nc rease may be granted or denied to any individual employee upon r ecommendation of the department head and with the approval of the City Manager upon notice t o such individual employee. The date in which the merit increase is approved shall determine the new me rit anniversary date. ARTI CLE VIII. COMPENSATION A. Each e ~l o yee in the classified service shall be paid at one of the rates s e t forth in the pay plan for the class in which he is employed. ll. At least the min.i.mutu rate of pay for a class shall be paid to an employee wh o is starting his mployment with the City. C. When a regular full -ci~ position not under the classii ed service is brought into th c lassified service, the rate of pay of the incumbent may be set by the City t the step c losest to his current rat in the grade established for the class. In such as es th.,re will be no reduction ..1.n pay. D. A chant;c in anruve !.ary dat will result when: ( l) he employee is on leave wi thou t pay. The previous anniver ary dat hall be adjusted o ne month for each twenty-two (22) urlung days of 1 av without pay in any twelve (12) month period. (2) 1h mployee t rminat.ea; his ;;wployment and later is re-employed. 'Th" new annivers.lry date shall be deterruin d by his n w employment date. ( 3) When it is deteruuned th t th eo!ployec merits an incred&e, the datu of the i ncrease will determine the new anniversary date. E. employees ot th City of t::n l wood repr ent d by the Engl wood E loyees A~ o iation nd covered by this Agreement shall receive a 9.5 percent increa!.c on Lh b s rate e fective Ja nuary 1, 1982. F. Th pdrti ~ r e t o r~open w g n gotidt~ona only based u on wag burv ·y lo l>e onduucJ prior to 0 tob r 1, 1982. Negoti tions shall o nc on Octob t l , 1 82 nd on lud on or befor Nov mb r 1, 198 • Frozen positions ah ll I> negoti t J aep rdto1y • • I • • • • • ARTI CLE I X. LONGEVITY COMPENSATION I n add i tion to an employees monthly salary, the emp l oyee shall be eli!lible f or longe vity compensation based upon the number of years of continuous servic~ with the City and shall be derived from the following schedule. Years o f Se r vice 0 -4 5-9 10-14 15-19 2 0 or Amount of Compensation No ne $12 per month for $144 per year, except for those employees who h a v no t co mpleted 6 full years of continuous service on December 1 of any y ear, which employees shall receive an amount equal to $12 for each f ull month of completed continuous service after completion of 5 yearb of continuous service up to December 1. $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. 3 6 p~r month for $4 32 p r year, except for those employees wh o have n o t ompleted 16 full y ears of continuous servic e on December 1 of &ly yedr, which employee shall receive $288 plus an amount equal to $12 for each f ull month of c ompleted continuous service after completion of 15 ye a r s o f service up to December 1. mo re $48 p r mon th f o r $5 76 per year , except for those employees who have not ompl ted 21 f ull years of continuous s rvice on De mber 1 of any y r, which employee hall receive $432 plus an amount equal to $1 2 for ch fu l l mo n t h o f completed continuous service after co 1 t i o n o f 20 y~a r ~ o f cont l nu o u se rvi ce up to December 1. ARTICLE X. PKOHATIONARY eMPLOYe ~ lne p rub l.luno.~ry pet od f o all newly appoi nt d mployees h all b tw 1 vc (1 ) month~ from th date o f hir Af ter omple tion o f t h proba tio na ry p riod, th employ ~oh 11 b •iven per .ont.m t status . AkTICLE XI. ~ 0~~1IO.S A. A pro oted <.ity <:mpl(•y 1.! llh 1 1 rec ivc a minimum of one step increase in t wc l v (12) munt h p robationary period in th new po.ition; provided, th t ft r h a v ing sa tl sf c torily a rved in said new position foT a p riod ix (6) mon ths, t h he ad of th d partllient co which th mploye was pro otcd u y r commt>nd pe r o.a no:ut tat us in th n •w positio n for the employ prior J<pirat ion o t h tw lv.: (1 2) 1110nth p dod. Should the appointing authority appr ve p r n n t s t a t us tor t h wp l oye ~rior to th xpiration of the tw lv (12) month pcob.H lun ty p r!uJ , tl•· mp l oy ce ·hdll b con a id r d t o huv p rmancnt s tatus. Upon "tt 1ntt 0 (lt'rn.. . ..:nt ~ota t u i n t h n ·w pt tlon, t h loyee ih 11 t c J.v <.n tcp Ju r ~ Lu IJ d y; prov!d d, htN •v r , th t th dd.Ltion 1 liteP 1¥ a.~i:d bl in the n ~ gr aJ • • I • - ..._ ( • • • • B. Any permanent employ ee in th.: •. lassified service upon being pro= ted to a nEY position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classi fication and may transfer back or be returned to that previous position at any time d uring the probationary period a t the discretion of the appointing authori ty. ARTICLE XII. ANNUAL LEAVE A. Employees cove red by this Agreement shall accumulate annual leave monthly at the rate of 1~ days per month of active service. Annual leave shall not be granted to any employ ee until after completion of twelve (12) months consecutive service with the Ci ty unless otherwise a uth orized by the department head. ln order to qualify for annual leave credit during the mo nth , the employee must have worked for at least one-half (~) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) ye ars continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City, employ es shall ac umulate annual leave at the rate of 1~ days of annual leave per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-h alf (~) of the working days of that month excluding a uthorized paid leave. The maximum a ccumu lation shall be 40 days. C. Accumulation of annual leave shal l neither be authori zed nor computed for any purpose after the maximum acc umulation has been reache d. Use The s chedule for use of annual leave shall be determined by the needs of the department . Ann ual leave shall be taken at a time conv nient to and approved by the department h ad or a up rvisor. Annual Leave Pay The r t of annu 1 1 v p y shall b the mployees regular s trm.sht tim • hourly r t e o pay for th employees regular job and charged on a working hour b is, excludin holid y and regular days off. Annual leave sh 11 be allow d on l y t o th e tot al hourly mount cc ul ted at the b inning of the leave, as ve r ified by the d p rt nt h d. Employees may receive their annual leave p y no earlier than thr (3) day prior to the start of their annual l av • provid d the mploy e makes a writt n requ t to their supervisor fifteen (15) calendar d ys prior to the start of th 4r annual leav • Work During Annual L v If after the ea:p1oy e has be un their annU41 1 ave and the City r quir a the employ e to work du rin g th !>ch duled nnual 1 ave p riod, the employee ihall not b ch r d wi th vacation tim f o r the numb r of hour worked • • I • • - • • • • l'ag<t I Hm-1 Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon SeparJtion Any employee who is SPp arated from the service of the City, i.e. reti r ement, termination or layoff, shall be c oiupensated for the unused ann ual l<tuve time accumulated at the time of separd tion. ARTICLE Xlll. PERSONAL LEAVE Effective January 1, 1982, all employees covered by this Agreement shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A. Time lost a~ a r esult of illness/injury to the employee or the employee's imm ediate family. B. Attend p rsona1 business. C. Leisure time. For any employee who has not used the 48 hours of personal leave tin).! endl.ng December 31, of each year or any portion thereof, the City will co~ensate said employee f or the unused time at the employees regular wage rate to be paid the firs t pay peri od in January of each succeeding year. Personal leave time shall not e xceed 46 hours nor shall it be accumulated or carried over from one year t o the next. Personal leav" s hall be scheduled and administered under the direction of the Department Head or supervisor. In the event of illnesb/injury in whi ch personal 1 ave is requested, shift work mployees shall notify their up 'rvbor at lea t one (1) hour prior co their schedul d reporting time, all oth r employe a h 11 report at the beginning of their scheduled reporting time. Personal Leav hall be prorated for employees beginning and terminating mploym nt with the City during the c alendar year. ARTICLE Xl V. DlSAJHLITY -TEI'U'OltAKY (NON JOB Rl::LATED) Definition Tempor ry disability is leave granted for non-service connected injury or illn ss of an employee whi ch dis bility prevents th employee from performing his/her duties as a Ci ty employe • Provision Eff ctiv January 1, 1982, the City agrees to provide temporary disability lc V ' with p y for employees absent as a re ult of illn ss/ir.jury at the rate of 100% of th mploy 's regular wag up to 120 cal ndar day of disability • • I • • • • • • Temporary disability leave shall , .. _ be accumulative except that on January 1 of <.!ach year the City shall restore 100% of the number of days used by au "ml;loyee during the preceeding year up to a maxi1uum of 60 days. Utilization A. Authorization for temporary disability leave with pay shall only be granted af ter the first day of disability. B. Authorization fot t mpordry disability shall only be granted for Lhe following reasons: 1. Personal il.:.ness or inJury not s rvice connected, i.n luding 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 fur retirement as a result of disability . B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirtment from the City at the rate of one hours pay for each two hours of accrued sick leave or one hours pay for each four hours upon s paration from the City. C. By cashing in accrued sick leave wtder the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Rcporlins of Temporary Disab1 li ty TI1e mploy e or a member of tlu: "mp loyee ' .. household shall notify the mployee' .. supervisor prior to th ·employee 's bCheduled reporting time. No temporary di ability leave will b granted to an employ e who fdils to notify their :;up • rvisor prior to th beginning of th employee's work schedule. Veri fie lt hdll be th rcspo sib lity o the depart nt h d or a.~upervisor to determine th validity of eligib lity of the temporary disability. His signature on th 1 v r qu t form noting t mporary dis bility ntitl m nt shall indicat such det 1m1n tlon. An attending phy ician' statement wi ll not be ne ce sary until ftcr thr u (3) day of di:iabil ity xccpt wh n required by the Depart nt Head. Abu .JCtll 1 t mpor a t ls tem or<~ry di ab~lit y o cura when an umploy e misr pres~nts th fo ruque ti.ng t • por<.~ry disability or wh n mploy uses bility 1 vc for u uthorize d purposes. An mploy who mak fer t ·mp<n ry dit. lnli y 1 av shall b &ubj ct to diaciplinary ~.:~iun or Iii miu 1. I • • - • ARTICLE XV. ON-TilE-JOB INJURY -DlSABll ,. ' .. • • A. For any on-the-job injury which cau,;es any employee to be absent frou• work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence fro m work up to and i n cluding the 90th calendar day of such absence, less wh3tever 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(s) at the City 's expens e or u nd er the provision of workn~n's compensa t ion. The employee will not be charged s ick leave for disability under this Article. B. All injuries that occur during working h ours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment . ARTICLE XVI. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other arme d services 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; whichever occurs first, and for one (l) year thereafter. B. Any employee who shall be a member of t he National Guard or any other component of the military forces of the State, nor or hereafter organized or constituted under the St te or federal l aw, or who shall be a member of the reserve forces of the United States, now or hereafter organized or cons tituted under federal law, shall b enti tled to 1 ave of absence from his employment without loss of pay, seniority, stat us, efficiency l'atiug , vacation, sick leave or other benefits for ctll the Lime when he is eng gcd with such organization or component i n trainJ.ng or active service ordered or authorized by proper authority pursuant to law, whether fo State or federal purp s s, but not xceeding fift n (15) day in any c lendar year. Such leav shctll b all d in c s the required military service i& satisf ctorily performed, wl1i h shall be pre umL>d unless the contrary is t~tabli&hed. C. Such leav~: &h.llL not be .. dl01o1ed unle~os th employee returns to hi~o public posi t1 on imm diately upon bdng r 11 v d fro such mi.li t ry 11 rvice and not 1 t r than th xpir tion of th tim h rein li11ited for uch leav , unl ItS he ill prevent d from o r tu ning by phy ic 1 or ntal disability or other C&Uile not du to his f ult or 1 r quirt.'d by proper authoriti to continue in SU4-h mi Utary b yond thu ti herein limited for such leave. D. Subj ct to provib~On A, 8 and C bov , th City shall provide full pay to an m loy grantud milit ry 1 "v , le~ts whatev r comp n8ation the employee may have rec iv d by th ml li tary fur .. uc:h se rvic • ARTICL~ VII. FU ERAL V~ 0\ l.h:p rt th tun r 1 of 111 mbt·r sh 11 b ~;ov ru J by th nt l .tv },)y "I .. llC 1o ( tl1 C y to Th • to att nd days grant d v nt .,h 11 th y I • • • • • • p I!;< 10 exceed fi v e (S) wo rki ng da ys . For t ht ;,; . vs es of th is s ection , "em ployet.'s family " s hal l mean t he e mpl oyee 1 s spous e, or tt.c c hildre n, grand chi ldren, parents, g r andpa rents, brothers and sis t<!r s o f the en•ployee or of the employee 1 s spouse. &1nual leave may be granted by the Department Head if additional time off is d eemed appropriate. ARTI CLE XVIII. J URY DUTY AN D WITNESS SERVICE Leave may be granted t o an employee f o r serving on jury d uty or as a wi tnesb i n 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 r ece ived for j ury duty or as a witness. When he is subpoenaed as a witnesb in p rivate litigation to testify, not in his official capacity but as an individual , the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTI CLE XIX. HOLIDAYS A. Th e f o llowing day s s h all be considered offi c1..1l holidays by the City: 1. Ne w Ye ar's Day: J anuc1ry 1. 2. Wa sh ingto n's Birthdc~y: the third Monday in Februa ry . 3. Me mor i al Day: the last Monday in Nay. 4. I ndependence Day: July 4. S . Labor Day: the first Monday in September . 6 . Veteran's Da y: November 11. 7. Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of November following Thanksgiving Day. 9. Otristmas Eve: December 24. 10. Chti s tmc~s Dc~y: December 25. 11 . New Year's Eve: December 31. B . &1y e llll'loye cove r <!d by Lll i !o A reemtm t who does not perform du t y s cheduled on the wo rking days i J 1at.,ly prior to and following a holiday s h 11 not receiv e pay for the holiday un less otherwise a u th o rized by the departme n t head . C. othe r th n t>hi(t work e111p loye s at t h Wa s tew t er Tre tm nt one d y '11 pay or qu i v l e nt time off at th d i~>c retion of the d p t •nt he .t u tor ch <J f th holidays whi c h t h ey pe r fo r w no wo rk. Employe requHt!d to wo rk o n n o fficial City holiday sh 11 r ceiv one nd on -half (I\) tim s th m,>loye 'b re ul r r ate of pay for all hours c t ually worked in addi t ion to th employee 's regular pay for the holiday or tim off t the r t of one nd one-ha l (1~ imes th number of hours a c tual l y work d t t h d is c r t! t ion of t he d partm n t head. h o ba n ny of the fo r go1ng holidays fall rved 1o the l ga l holi~ay . Wh n any 'h 11\)loy s h .. 1 bu ntitl d to hdll b b h Jul "t.l "II Lh City Mana d a hol hi y o r pu rpo11 e of on a Sund y, th oll ing Ko d y of the foregoing holidays all a day off for auch holiday, determines, but no sp ci i closing City offi a and • I • • • • • • ARTICLE XX. UNHORM CI..£ANING ALLOWANCI:. lf an emp loyee is required to wear a unif~rm, 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 SOX of the cost of required work sho ~s up to a maximum of $30 per year except with Departmen t Head approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the Wliform by n~gtigence or deliberate act. ARTIC LE XXI. TUITION REFUND The tuition rt!fund pro ram will be continued by the City based upon the funding formula of $20 per (-erson per number of employees covered by thb Agreement. ARTICLE XXII. LIFE INSURANCE Te rm Life Insurance wJ.ll be provided by the City for employe~s covered by this Agreement of $20 ,000 for ~ach employe~. A conversion privilege upon r tlrement of 50% cuv~rage payable by the employee will be made available by the Clty for said retired ~In loyee. ARTICLE XXIII. Dt.NTAL INSURANCE During the life of this Agreement, the City shall pay 100% of the premium cos t for the City Dental Insurance Plan or other plan which may be selected b y the City as a subs ti cute for the City Dental Plan for each single and dep e ndent policy holder. Employ<:es shall assume any premium ratt! increat.e during the life of this Agreement in excess of $10 of single and $30 of dependent co v rage. Any dispute cunct!ming the interpr~<tation or applicatic.n of benefits under the Dental Plan shall be subject to the dispute resolution pro edure only. (It is e;cpressly und<:r:.tood that this provision iii a non-grievable item uml r this Agr em nt.) ARTICU: XXIV. HEALTH l SUR.&.NCI:. -t.MPLOYEES/RI:.'TIREES A. During t he life ot t Agre ent, the City ~ohaU pay 100 ot tho: prewiURI cost for th Ci t y Health In s ur n e Pl n or other pl n whi ch may be 11 lected by th City d:. a subs titut for the City Health Pl n for each sin le and d pendent policy h~luer. E;mpluyues 'h.ill " • any pr mium rate incr se during the 1 f'" of this A r ew~:nt in ~:xc sa of 10% of th 1981 pr nium for singl and d p ndent cov r rning th lnterpr tatiun or pplicati n ot b n its lnsuran e Pt n shall be subject to th diapute reaolution a ly un d e rstuod that this provision is non-gri vabl I • • • • . . • Pa ge l2 C. Retirees prior to January 1, 1980 will be provided health insu~·ance co verage by the City on a non-participart n~ b asis. The coverage will coo r dinate with Medicaid and Medicare wherever applicatle. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay 50 % of the cost of coverage of the conversion plan up to a maximum of $50 per month. ARTICLE XXV. RETIREMENT BENEFITS The retirement benefits for employees covered by this Agreement are !let forth in Title V, Chapter 9, Retirement, of the Englewood Muni cipal Co de. The following changes shall be ~ade January 1, 1980. A. For prior service: .75% of the members final average monthly compensa- tion, multiplied by the nUil'.ber of years of credited prior service. B. For current service: 1.5% of final average monthly compensation, multiplied times the number of years of credited current service. ARTICLE XXVI. LAYOFF A. Wh nevur there is lack of work, lack of funds, or under conditions where it is determined that continued work would be inefficient or non-productive, requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determinations, the required number of employ es in the affected department and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. B. Employees on layoff shall be recalled in the order of relative length and quality of service as shown by the personnel records provided that those recalled hav the demonstrated ability and s8llle qualifications to perform the available work as determined by th~ City. The re all list shall terminate after on (1) year. ARTICLE JOCV 1 L. LEAVC OF AUSI:.N 1:: (Wlm UT PAY) El ibibili ty Perman nt employees may b 1 v of absence without pay for re sontl of education whi ch is alli d to duti s of the City, set tlement of an estate, child care , erio us illness of m ruber of the e loyee's family, but sh 11 not be used for th purp s of obt inin mploym nt laewh re. Leave without p y shall n ot ex d six (6) nths o any year but may be ext nded upon r quest for n additional six (6) monthl. '111 total leav tia shall not exce d one yaar. Upon r turn from approv d 1 av , th eaployee will be r atored to their or1111er po ition if available or to a po ition co arabl for which th mployee is quallfi ·J. During p ri d o f id 1 v , mploy Cli shall not continue to ccrue rvi ce cr dit or b~ ligihl ny City b fita • • I • • • • • Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employee's department head. lbe request shall indicate the reason the leave of absence is being requested and the approximate length of lea ve time requested. Consideration of Leave Request The deparll!k<llt head shall grant or deny leave requests, taking into considera- tion the departments work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be cons idered to have voluntarily resigned from the service of the City. ARTICLE XXVIII. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this Agreement concerning an alleged violation of a specific provision of this Agreement. The employee shall be required to follow the procedure as set out below. A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City r cognized holidays. If th employee is unable to settle the grievance or dispute orally and L n ormally through hill/her i11Wlediate supervisor within five work days of the date of the occurrence of the grievance, or the employees know ladg o it, th employee ma y within the succeeding five (5) work days file a written grievance with hil/hur supervisor. The supervisor shall attempt to adjust the matt r and shall respond in writing to the employe within five (5) work days. U th eniiWe h uoL e tiefa tory, the matter uhall be pru nted in writinl> by the mploye to th• departm nt head within five (5) work day following receipt o t the uperviaor' a r eponse. The departm nt head shall rea pond in writing to th mpl yee within five (5) work days. IC th 1 .1 v nl t ill r maila unadjusted , it 11hall be pnsanted by the employ ee to the City Hans ar in writina within five (5) work daya followin& re ipt at t.he r apolllla o! the d partment h ad. Tht City Manaa r or h1a/her desi nat d rtpr aent Liva ahell rvapond in writina within ten (10) work daya. St I 4 ll Lhe l&l" v H. 1 eli l un. t Llad tlce All110 iation or b rgMinina ~W~1L mploye , within teu (10} wu lo. <J 1• Ct r the reply o! the City IU er or hia/h d 111 nat eel 1 tnu we nluLiv , .... y by Wllt t n notice rvqu•st the ~~~act.. be h rd by • I • • • • • the Ca re e r Service Bo ard. The Career :," J.~e Board shall be requested to i ssuf:! a decis i o n wi t hin th i rty (30) days after c vn cl u.,ion of testimony and argwn....nL. Each p arty sha l l be responsible for compensati o n to its own reprf:!sentatives and wi tne .. s e .,. F ai l ure by the Association or an employee to comply with any time limitatio1 s hall constitute a settlement of the grievance. Should the employer n o t resp ond within the p res c ribed time, the grievance will automatically proceed to the n ext s tep. Autlh,r icy uf Can.:•-·r Sl!r Cl! l!o ard The Ca reer S f:!rvi ce Board shall have no power t o add co or subtra<.t from or t hange t he terms of t h is Agreement. 1be written decision of the Board shall be final a nd bi ndin g upo n the parties. The Board shall limit its decision strictly to t he g r i evdll ce submitte d which has been properly processed through the &rievance p r o e dure o ut lin e d. Grie vance Opt ion It is a~r eed that should the appeal procedure as provided under 138:4 of the City Ch art er o r ppli c able City ordinances is utilized, re course to the g ri e v a n c~; prucedur" indud d in this Article shall be waived. inc; Hours G rl t.V..UI "'" y t,.., J.n ve!.tig.J.ted and processed by the employ.:e or dt!bJ.t;l aced mpl oyee rep r,~>cnLa t iv c during working hours within reasonable ti e limits without l oss of p .1 y i'rOvJ.Jed noti c is given and the work load p ermi t s. ARTICLE XX lX . DUES DEOUCTI O A. lite :1 ty .J.S L"et> to d e du c t the A>lsocia tion dut:b one.., cJ<:h UlOnll from t he pay of tho s mployees ho individually r ques t in writ ing that such deductions be made , :.ul.J)"d t th.: g arni sh nt l w of the State of Colo rado . Th amoWltS to he dedu<.ttd shall b" c rtitJ.ed to the City FJ.Ililn e Director by th o: te.u.ur.:r of th A!.bO<.:ldt ion , and the a r &.J.t dedu tioru. of all employee:. bhall be remi t ted together with a n itemized lit t m nt to the Tre.Jsurer by th bth of the suc-.ct:dl.n month , af t r u<.h d du t o1s are mad • Th authorization s hd.ll !J e r cvok blc durin tho.; te r m o f t h Agr c a thirty-day written noti ce by th • •·• l o y ... • to th..: Ci t y l,.J.Il n (..e D r ll. De u ti ll n h 11 !, adc f r l.lm o nly one pay nt o w .,c .. 1: ch nth , e cc p t th t If n o W<li;c" .n • ~->a id n uthorized 1: loy" on th d t p.1y d y ot a 1;1v 11 '" nth, Jeduc t1on 1or that llk)llt h wil l b ..: madu from any w u"b wlu.c.ll uwy b e p .. id t o hi m/Iter un the n 'A t s u '-" d i1 final monthly City payday. It i s e~JHE'' ly unl 1 tuod tha t th City il"b Ulll<!b no li bility and bhall not bu liable t ot t h • <•lJ .,,·tHnl ur p.1y 1 ·nt t o r h As s o c i tion of any dues durin~; any tlllii.l thl' ,.,. 1love• is no t c tu l lf working forth City and aetu lly on tho: payroll ot the t ,f ly. l n the e v •n t ot r r ur un tlut ch koff list, the City will not b r to!lun .. tbl tu aulu: d J ]u:.t c nLb, u t1! n tified by the Tu:a~ou er o the Ai> u 1at1 n. ( .. Jh a n d i!ll d I .. J"t 1U l II , rt I lc. A .. . II V •<.:i .. tlvn a;ull . uu.l I L lull (, h111 .L i nJclllnlly u.l holJ tht: CJ.ty horaU.e~~~li ag<~ 11bl t111y tli , o r )l •J& •nt• bruught or iali d againat th Ci ty ~ n or 11 t t l!n l;y the City Wlder th;: provi•i n of t.hilf • I • - • • • • Pa ge 15 D. Changes in the dues amou .. · t ;:> be deducted shall be limited Lv two (2) changes each year, and provided a th .i.L Li (30) day written notice is prov! J ed the City Finance Director. E. Should the change in the deduction amount or method require a computer progranuning change, the Assoc iation shall be responsible for that cost 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 r eceipt of billing. ARTICLE XXX. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association member ships during employee's non-work time; and represent employees on grievances and negotiations. ARTICLE XXXI. STANDBY PAY All employees covered by this Agreement and assigne d standby duty shall be compensated at a rate equal to eight (8) hours at h is/her r egular rate of pay for one week of standby duty. ARTICLE XXXII. 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)0 times their regular hourly rate. ARTICLE XXXIII. MAINTE NANCE OF BENEFITS All wag•s, hours and other LuriD8 and conditions of employment granted to the employ e cov red by this Agre ment, the Englewood City Charter, or Munic ipal Cod , sh 11 continue in full fore and effect at the highest lev 1 of benefits. In itne Y Wh reo!, the parties h v~ c uaed this Agr ement to be signed by their r<l sp c tiv repr s nt tives, nd their aignatur s place th r on, on thi6 ~ ay of -11 1 , 1 81 at En lewood, Colorado. I • V' 1 d'tlu .. A 6e(,J ·;.,(fo Et> U:WOOD EMPLOY ASS IATI , ~/ ;L~-&:yfl - t!Ju/M I • • • ORDINANCE NO. 0<-f SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD , COLORADO, AND THE ENGLEWOOD FIRE FIGHTER ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31 , 1983. WHEREAS, a tentative agreement dated July 14, 1981 by and between the City of Englewood and Englewood Fire Fighter Association has been executed by representatives of e ach of the parties; and WHEREAS, said tentative agreement was duly ratified by a ma jority of the members of Englewood Fire Fighter 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 14, 1981 by and bet-ween he City of Englewood, Colorado, and he Engl wood Fire Figh er Association, effective January 1, 1982 through December 31, 1983 , a copy of which is attach d here o and made a par hereof, be and the same is here by approved. Section 2 . That the Mayor of he City of Englewood, Colorado , is hereby authoriz d and directed to execute the collective bargaining a reem nt between he City of Englewood and Englewood Fir Fi h er Associ ion d ted July 14, 1981, and the Director of Fin nc , x officio Ci y Cl rk-Tr asur r, shall at est he same. A copy of sa1d Agreem nt is on file with the Director officio City Clerk-Treasurer, a summary of which b we n he City of Englewood and Engl wood er Associ tion consists of 15 typ writt n pages and "M mor ndum Of Understanding Between Th Ci y Of And Th Englewood Fire Fight r Associ tion." Dur ion from J nuary 1, 1982 to nd including Th Agr m n r cogniz s th Engl wood Fir ion s n mploy organiz ion nd d in s hose I • • - • • • • • • persons included and those persons excluded from said Association. Employee rights are defined as well as hours of work, overtime work, term of probation , and promotions. Annual leave accumulation and use is provided for therein. Personal leave accumulation and use is provided for therein . Personal leave, disability-temporary are provided for. On-the-job injury/disability is also provided for. Military leave, funeral leave, jury duty service and leave of absences without pay are dealt with in the contract. Uniform cleaning allowance , tuition refund, life insurance, dental insur- ance and health insurance are provided for. Retirem nt benefits are as defined under City Plan and State Statutes. Layoff pro- cedure is defined. Procedure for settlement of disputes is pro- vided for. Dues deductions , rules and regulations, bulletin boards for Association activity, shift exchange , acting pay, automobile allowance and exclusiveness of agreement protection are provided for in said Agreement. Compensation is provided for in said Agreement and is generally 8% for each of the years of the contract. 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 for c e and effect and adopted hereby. Introduced, read in full, and passed on first reading on the 3rd day of August, 1981. Published as a Bill for an Ordinance on the 5 th day o f August, 1981. R ad by title and passed on final reading on the 17th day of August, 1981. Published by title as Ordinance No. ______ , S ries of 1981, on the 19th day of August , 1981 . Att st: CX offiClO of is fin< l titl Eugene L. Otis, M yor ex officio City Clerk-Tr surer of the City her by c rlify that th bov nd for going compl t copy of he Ordin nc p ss d on h day of Augus , 1981 nd publish d by , S ri s of 1981. . lfiq -- -2- • I • • • • - MEMORANDUM OF UNDERSTANDING BETWEEN TilE CITY OF ENGLEWOOD AND THE ENGLEWOOD FIRE FIGtrl'ER ASSOCIATION This Agreement entered into by the City of Englewood, Colorado and the Englewood Fire Fighter Association has as ita 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. The City and the Association agree to cooperate in order to promote the highest degree of employee perfo rmance and productivity. Thill includes but is not limited to the followin~; conse rvation of materials, manpower, and supplies; correction of conditions causing grievances and misunderstandings; enhancing the public image of this Depart ment and the City; reduction of absenteeism, tardiness, carelessness; elimination of improper use of leaves of absence; and improvemenc of qualicy of workmanship. Except where limited by express provisions elsewhere in thi,; A1:rcemcnc nothinK in this Agreement shall be construed to reatrict, limit or impaiL· the rights , powers and authority of the City aa granted to it under the law~; of the State of Colorado and the City's Charter and Municipal Code. 'The righcs, powers , and authority include, but are not limited to, the following: A. The determination of Fire Department policy including the ri~;ht to manage the affairs of the Fire Depart~nt in all respects. B. The right to a sign working hours, including overtime. C. The right to establish , modify or change work schedulct~, mannl.nt; of apparatus, a1110unt of apparatus in th in or reserve fleet , etc. D. The right to direct the mbera of th Fir Depart~~~ent includinll the right to hire, promot , transf r or discipline or diacharg for COU~~c, any fire fighter within the Fir Departm t. E. The tabl ot ora niution o l'ire Dep rtm nt in iuuln~ the ut;ht to organiz nd reorganize th Fir Dep rt >nt in ny nn r it chooseb, including th size of th Fire Depart nt nd the d termination of job ci~usi- fic tion nd ranks b d upon duti sign d. F. Th d t rmin tion of tl • ety, h lth and prop rty protuctlun m urea for th Fir D part nt. G. The !location and a ai n. nt of work to all fir fighters within Lhu Fir D p rllll nt. H. l"h d t r in ti 0 pol y tion or tr ining of fir (1 ht r • I • • • • • ,. - Page 2 l. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. J. The establishment, discontinuance, modification and enforcement of Fire Department rules, regulations, and orders. K. The transfer of work from one position to another within the Fire Department. L. The introduction of new, improved or different methods and techniques of operation of the Fire Department or a change in existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N. The determination of the n~er of ranks and the number of fire fighters within each rank. 0 . The determination of the amount of supervision necessary. ARTICLE I. DURATION OF AGREEMENT A. Thill A&reement shall take effect on January 1, 1982 and shall continue in force to and including December 31, 1983. B. Thi& Agreement, or any part of it, may be terminated or rencgotialcd at any time by mutual consent of both parties. C. If any article or section of thi11 Ag rce~~~ent should be held lnv~Ud by operation of law or the District Court , or if compliance with or cn(orccwcnl of any Arti cle or &ection 11hould be restrained by such District Court, the remainder of this Agreement shall not be affected thereby and thi~> Agrccmcnl shall remain in full force and effect, and the parties shall promptly u •cl .md confer for the purpose of attempting to arrive at a mutually satisfactory repl..1cemcnt for &uch article or ection. 0, Tile parties grcc and undor~>tond that provisiona rclatiu~; to ""'iduy•· .... covered by thi Agre ment shall in no way dhplace or modJ..fy pru~>cnl or 1uLut·c a tatutory or ca~>e 1 w of the State of Colorado. E. p rties acknowledg th t during negoti:lt ons wlu.ch rubulLcd .in th1~ Agr em nt, ach had th unlimit d right and opportunity to 11141kc du•::~nds and propo al a with reap ct to any subj ct or matt r appropri te {or 111•et .md -.onCcr dia cu sion nd that th und rstandings and gr m nta arrived at by thu p rll•·· aft r this ex rcise of that right and opportunity r a t forth in thi11 Agru m •nl. All ben fits agr ed to in previous Me1110randU11111 of Und ratandin& d nuL oddccst.co.l in this Agr nt will continu • ARTl LE 11. RECOCNlTlON or Th City r coani~ a the £ngl w d Fir nizaLion c rtiU d by the Care r S rvic Yight r Aaaoci cion thu ullljlloycc Bo rd of th City o{ CnGl uod • I • • • • • Pa ge 3 as the exclusive representative for the Fire Department employees within the following bargaini ng unit: Included: All full-time classified employees of the City Fire Department including Fire Fighter, Driver-Operator-Engineer, and Lieutenant. Excluded: Supervisors, Managers and confidential employees, Chief, existin~ Captain positions, Battalion Chief, all non-emergency, part-time, temporary, seasonal, and contractual employees, students and all employeeti hircc.l throut;lo the use of Federal , State or other outside funding sources f or special proje cts or programs, and all others who may be determined by the Career Service Boarc.l prior to or during the life of this Agreement as provided under City Charter . ARTICLE III. EMPLOYEE RIGHTS A full-time classified employee covered by thia Agreement shall have the righL: A. To foilll, join, support or participate in, or to refrain from forming, joining , supporting, or participating in any employee organization or itti lawful activities; and B. Bargain collectively through their certified employee representative. c. No employee shall be interferred with, restrained, coerced or c.liscrllu!naLI.!J against because of the exercise of these rights nor shall the ri~loL of ..u\ individual employee to discuss e~~ployment concerns with the C! ty bl.! infrlnt;cJ upon. ARTI CLE IV. HOURS OF ORK The Fire Department ahall observe working hours nece10sary for the cfficicnL transaction of their reap ctive services, such as have been determlnec.l for Fire Fight rs as follows: 1. Th work we ek shall consist of .1.n average of fifty-six (56) hourti each w ek for employees assigned to shift work which will be on a t wenty-four (24) hour alternating basis nd an average of forLy (40) hours per w k for employees asaigned to non-shift work. NoLhinl> hl.!rd.u shall b con trued s guarant ing employ forty (40) hours or fifty-six (56) hours. ARTICLE V. OVERTIME WORK A. Shift workers hall receiv ov rtim for duties perforu •J ov •r .>~Hl th asi an d work w ek of fifty-six (56) hours, with the hourly r.1.to fifty-six (56) hour duty we k wage basis. When Fire Fi&hLurs work o v rei on an em rgency call-back baaia, that ov rtime shall b co1npuLcu on forty (40) hour duty w k w & b is. If a Fir Fighter on a full whHL overtim b shl worka on 11 rg ncy along with othir Fir Fightcrb on a call-b c h si , h will be t d on th forty (40) hour b sh Jurln1: th p riod o! th t e~~~t~r Ov rti shall not b cocaput d nor COIIII' nt~aL vn llott d on pr vioualy All non-hiCt work rw whall Li e ulWIUIIL • I • • • • Page 4 from the above provisions. An emergency is defined as a multi-alarm situation where more than normal manning is required and must be called back by the Fire Chief. B . Overtime as defined above shall be compensated at a rate of time and a half. Discussions wi ll continue on the subject of the assignment of overtime. If the two parties are able to reach agreement, the agreement will be implemented immediate ly and become a part of the contract. If the two parties are unable t o reach agreement by May 1, 1982, the matter will be sent to the Career Service Board for a hearing and determination. ARTICLE VI. COMPENSATIO N A. Employee& covered by this Agree-nt shall receive an eight percent (8 ~) wage increase effective JanUAry 1, 1982 and in addition shall have added to the 1982 base wage of each pod tion, holiday and longevity compensation which together shall result in the adjusted base wage schedule for 1982 as follows: Firefighter (probationary) Firefighter 1st Class Firefighter 2nd Class Firefighter 3rd Class Drive r/Ope rator/Engineer Lieu t enant $1,404 $1,590 $1,720 $1,851 $2,019 $2,196 B. Employees covered by this Agreement shall receive an eight (8) perce nt wage inc reas e effective January 1, 1983 and in addition shall have added to the 1983 b ase wage of eac h position and holiday compensation which together shall r sult i n the adjusted base wage schedule for 1983 as follows: Firefighter (probationary) Firefighter 1st Claaa Firefighter 2 nd Class Firefighter 3rd Class Driver/Operator/Engineer Li ut nant $1,540 $1,744 $1 ,886 $2,030 $2,214 $2 ,408 c. In ddition to their regular ba e wag , shift investlgalors OtiSli!ned .mu authorized b y the Fir Chief will receiv one hundred doll rs ($100) per uovnLh. In addition to their r gul r b e w g , qualified paramedics assigned ~•d authorized by th Fire Chi f will rec ive one hundred doll ra ($100) vcr ouonLh. ARTICLE VII. PRORATIONARY EMPLOYEFS Th prob tion ry period for a ll newly appoi nted employ es shall nol be less than twel v (12) months from th date of hire. After completion of the prob tionary p riod, th mploy sh 11 b ligiblc for pcr~~~ancnt s talu~o when authoriz d by the City Man ger. • I • • • • • Page 5 ARTICLE VIII. PROHOTIONS A. A promoted employee covered by this Agreement shall serve a twelve (12) month prob ationary period in the new position provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the Fire Chief may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the City Manager approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. B. Any permanent employee in the classified service upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the City Manager and/or the employee. Should the City ~~nager return the employee to his/her previous position, the employee shall be informed of the reasons for the return. ARTICLE IX. ANNUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) d~ys of annual leave each year. Annual leave shall accumulate DIJnthly al Lhc r..aLc of one and one-fourth (1~) days per month of active service. In order lo qualify for annual leave credit during the month, the employee must have worked at least one-half (~) of the working days of that month excluding authorized paid leave. Annual leave 10hall not be granted to any employee until he has been in the employ of the City for at least one year unless otherwise authorized by the Chief. For those e mployees having less than ten (10) years of continuous service, the maximum accumulation of annual leave shall be thirty (30) d~ys. After ten (10) years of continuous service, non-shift work employees shall be entitled to eighteen (18) days of annual leave each year. Annual leave shall a ccum ulate at the rate of one and one-half (1~ days of annual leave per month of active service. Said maximum accumulation shall be forty (40) days. B. Shift work employees shall be entitled to seven and one-half (71,) shifts of annual leav each year. Annual leave for said employees havinr: less than ten (10) yean> of conlinuous service shall accumulate aL Lhe caLc uf fifteen (15) hours for each month of active service and the maximum accumu- lation shall be fif te n (15) shifts. In order to quulify for ..annual. le..avu credit during the month, the employee must have work d at least onc.-haH (l,) of lhe working days of th t month excluding authorized paid lc..avc. Al Lcr Leu (l 0) years of continuous service, shift work employ e shall receive nine ..and on -half (9~ shifts of le v for each year. Annual le ve shall accumul..alc ..aL the rate of nineteen ( 19) hours of annual leave per month of active service wl.Lh maximum accumul tion of annual leave shall b nineteen (19) lihi!ts. C. Accumul tion of nnual 1 ave ahall neither b uthorizecJ nor compulcd foT ny purpose fter the ximu• accumulations of a id leav have been rcacl1ed. Employees shall not lose ccumulated leav !tor the maxiliiUm hao been rc..achcJ, if the employe h r queMted us of leave prior to ximum accumulation and ha been denied u of leav • • I • • • • • Page 6 Us e The sche dule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Fire Chief. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay, provided the employee makes a written request to their supervisor and approved by the Fire Chief fifteen (15) calendar days prior to the start of their annual leave . Minimum Usage There shall be a one (1) shift minimum use of annual leave time for shift worker, and five (5) consecutive work days for non-shift workers unless otherwis e authorized by the Chief. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retireouenL, termination or layoff, shall be compens ated for the unused annual l e ave Llme accumulated at the time of separation. How Charged Annual leave for non-shift work employees shall be charged on 01 work day basis excluding regular days off. Annual leave for shift work e mp loyees shall be charged on a twenty-four (24) hour basis excluding regular days off. ARTICLE X. PERSONAL LEAVE Effective January 1, 1982, all shift work mployees cov41red by Lhlt. Agreem nt shall be granted nin ty-six (96) hours of personal leave with p.1y whi c h n e mp loy e is ntitl d to use for the following purposes: A. Tim lo t s imlll diat family. 8. Att nd p rso c. L isu r tim • For any nding a r sult of illness/injury to the employ ee or Lhu empioycu't. 1 business. not used th ninety-six (96) hours of p rson l J.e.1vu ch y r or any portion thereof, th City will for th unua d tillS t th e~~ploye '• r gulor wu~;u r.;;Lu period in Janu ry ot uch succe din& ye r. P rsona 1 d ninety-six (96) hour• nor hall it b acc~ul.ll d ur • I • • • • • Page carr ied ove r from one year to the next. In the event of illness/injury in which pe r sonal l e av e is r e quested, the employees shall notify their Su!Jervisor at: leasL o n e (1) hour prior to their scheduled reporting time. One personal leave day s hal l be guaranteed per shift. ARTIC Le XI. DISABILITY -TDIPORARY (NON JOB RELATED) Defi nition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability pr~vents the employee from performing hi s /he r duties as a City employee. Provision January 1, 1982, the City agrees to provide temporary disability leave with pay fo r employee's absent as a result of illness/injury at the rate of 100 % of of the employee's regular wage up to 120 calendar days/40 shifts. Temporary disability leave shall not be accumulative except that on January of each year the City shall restore 100% of the number of days/shifts used by an employee during the preceeding year up to a maximum of 60 days or 20 shifts . Utilization A. Authorization for temporary disability leave with pay shall only be granted after the firs t shift/day of disability. B. Autho ri zati on for temporary dis ability shall only be granted (or the following reasons: 1. Illne s s or injury of the employee not service connectcu, ln luuiu1; ma t e rni t y . Sick Laav e Opt ion All sick 1 ve accr ue d by mployee wlth t h e mployee , and y b us d i n th A. Aft r th 120 dayb d sc r lb d employee is ntitled fo r r tir m nt By c shing in 11 c r ued prior to January 1, 1980 &ha ll ves L !oll in manner : bov , hav b e n u a r ault of di u , un l et.b Lh c illty . B. plan for or on upon normal re ti r n t f rom th City ach t wo hours of acc rued sick le v un uu r th p r e v i ous rat e o f on houru pay mploye ·~ r ~ular caL ration Cro a lhu CJ.ly , hours p y for u h f ou r C. By cashing n ccr k le un r t previo pl , on c a ch year t t h conv r don rate o f four (4) hours sick 1 av for on (l) h our pay, not to axe e d onv r ion of .c:~re th 400 h un. ch yc o~r. R portin g loy or up r v b or b ili ty mb r of the IIIP loy t leaat 30 ainuc. prior • i y th •., t~c.huuul c u I • • • • - Page 8 r epo rting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee 's work schedule. Verifica t ion of Disability An attending physician's statement will not be necessary until after one (l) shift of disability, except when required by the Fire Chief. If the Chief requires t h e employee to see a physician, the City will pay the cost of such examination and/or office visit. Abuse of Temporary Di s ability Abuse of temporary disability occurs when an employee misrepresents th e actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE XII. ON-Tll&-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absenl frou& work as a result of such injury, the City shall pay to such emp loyee his full wa 1:e" from the fi rst day of his absence from work up to and including Lhe 90th calendar day of such absence, less whatever sums received by the employee as disabil ity benefits under wo rkmen 's compensation. The City reserves the righL to require any employee on injury or disability leave to submit to an examination(s) by City- appointed physician(s) at the City's expense or under the provision of workmen's compensation or the r tirement/pension provision as provided under StaLe StJtutc. B. All injuries that occur during working hours shall be reported Lo the employee 's upervisor within 24 hours of the injury or before the e mploy ee leaves their d partment of employment unless circulliStances beyond the conlroi of Lhe employee would not permit. ARTICLE XIII. MILITARY LEAVE A. Any permanent or probationary e111ployee who enliatti or ill indu.-Led inLu the milit ry, n v 1, ic or oth r armed service,; of the United SlaLcb in Ll111e ur war shall be entitled to a leave of b11ence without pay for th duraLJ.uu of :.ud& war or until honor bly discharged , which v ee occurs first, and for on • (l) ye.1r thereafter. 8. who sh 11 b a 111ber of the National Cu;~rd or any olh~Jr component ry forces of the Stat , nor or hereafter orcani~IJd or constitut d under th State or fed ral law, or who shall be a lllbar oC Lha r uerve fore s of the Unit d Stat a, now o r h reaft r organiz d or constituted under f ·~J •r.1l hall be ntitl d to 1 av of abs nee fro111 his mploy.ent wi Lhout loli ol p.!J , ' nioriLy, L tua, ffici ncy r ting, va cation, sick 1 av or oth r IJcncfllb foL· tim wh n he h engaged with such organization or co111pon nt in t r ainin1; ctive rvic ord red or authori d by proper authority purauant LO law, wh oLh~Jr or f d ral purpo , but not x ding lift n (15) day11 in ..uty cal~Jnu.lr sh 11 b allow d in c the r uir d allit ry rvi 1~ rfor d, which ahall be r a u d unl.l 11 th ontr.1ry i • ••L.iiJ1 ''"""· • I • • • • • Page 9 C. Such le ave sha ll not b e allow ed unl e ss the employee r turns to his public posiLion iuunediately upon bein g relieved fro m such military service and noL luLcc than the expirati on of the time herein limited for such l eave, unless he is prevented fr om s o returni ng by physi c al or mental dis ability or oth er caus e not due to his o wn fault o r is required by proper authorities to con t inue i n s u c h military service bey ond t h e tim e h erein limited for such leave. D. Subject to provision A, B and C above, the City shall provi d e f ull pay to an employee g r ante d mi li tary l e ave , less whatever compensat i on the emp l o y ee may hav e r eceived by the military for such service. ARTICLE XIV. FUNE RAL LEAV E Th e appoin t ing authority -y grant leave with pay to an employee to atte nd the fune ral of a member of the employee's family. The number o f days granted sha ll be governed by the c ircumstances of the case, but i n no eve nt s hall they e x ceed fi v e (5 ) cal endar daya. For the purposes of this section, "employee's family " shall !Man the employee' a spouae, or the children, grandchildren, parent s , grandparents, bro t hers a n d sister s of the employee or of the employee's spouse and other members of the fami ly at the discretion of the City. ARTICLE XV. JURY DUTY AND WITN ESS SERVICE Leave may be gr anted t o an e~aployee for serving on j ury du ty or as a wi Lne:;,; in his official capa city in o bedienc e to a subpoena or direc tion by legal a u t h orlly . He shall be entitled to the difference between his regular compen sati o n and t h e fees rec ived for jury duty or a a a wi tne ss. When he is s ubp oenaed as a witn ct>l> in private litigation to testify , n ot i n his o f f icia l c ap acity but at> W l individu al , the time absent by reasons thereof shall be take n a s a n n u al leave or leave wiLia uu L p Y• ARTICLE XVI. UNIFORM CLEANING ALLOWAN CE If an employee is required to wear a u niform, the employee shall wear Lhe uniform only as authorized by the departme nt work rules. All mployees shall maintain a presen table pp arance while on duty. The employee .i.N ruspouslblu for any dama e to th uniform by negligence or d liberate act. '1'he CJ.ty w.i.ll b responsible for providing and cl ning of &aid uniforms. TI1u ClLy will 11ruvlde 50% of th cost of s fety &ho s up to $30.00 p r year. ARTICLE XVII. TUITION REFUMD Upon reco ndation of th Fire 0\i f and after prior approval o( the City Manager, the City of Englewood lllllY reimburae a per1118nent, Cull-Lime l'lrc Fighter upon auccesaful completion of an approved courae or coura s in cducaLi n or vo tion 1 training. The coura or training IIIU&t b relat d to the work and b d si n d to improv co ten in the job, and b of v 1 to th nrc l'l~hLuc'u aervice to th• City. This h 11 includ all tuition, and quirud LuxLu • • I • • • • • • his relative length and quality of service as shown by the personnel records. Employ ees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. Any employee in a higher rank, if l a i d off, may transfer to the previoua lower rank provided the employee had permanent status in the lower rank. The layoff list shall terminate after one (1) year. ARTICLE XXIII. LEAVE OF ABSENCE (WilliOUT PAY) Elig ibility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child care, aerioua illness of a ... ber of the employee's family, but shall not be used for the purpose of obtainin& e~loyment elsewhere. Leave without pay shall not exceed six (6) .anths 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 position if available or to a poeition comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue servi ce credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitte d in writ int.: uy the employee to the Fire Chief. The requeat shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Con !deration of L ave Re quest The Fire Chief IIIAY grant or deny leave requests, taking into consideration the department 's work force , work load and the employee's request. Failure to Return Unless unusual circumstances exist, an employee who fails to retun1 by Llu.! date of leave expir tion ahall be considered to hav voluntarily rcdcucd Cru111 th service of th City. ARTICLE XXIV. SETTLEMENT OF DISPUTES A grievance is defined as an all ged violation of 11peciCJ. IH'ovia;ion of this Agr nt. The employee and the Association shall be required Lo follow th procedur a11 sat out b low. If th mploy ilil unable to 11ettla th griavanc or dillputo oro~lly lllld in or lly throuah his/bar i ediate auparviaor within five work days or Lhe data of the occurrence of the grievanc , or the employ e 'a knowl d• of 1L, Lhc mployee y within th aucc ding five (5) work days file a writ l n gric vanco • I • • • • • ,. • P a~c 12 with his/her supe rvisor. The supervisor shall attemp t t o ad j u st the matter and shall respond in wr iting t o the employee wi thin five (5) work d ays. If the answer is not satisfactory, the matter shall be presented in writing by the employ ee to the Fire Chief within five (5) work days following receipt of the Fire Chie f's response. The Fire Chief shall respond in writing to the employee withi n f i ve (5 ) work days. If the grievance s till remains unadjusted, it shall be presented by tht! employee to the Ci ty Manager in writing within five (5) work days following rece ip t of the response of the Fire Chief. The City Manager or his/her designated representative shall respond in writing within ten (10) work day s . I f the grievanc e is still unsettled the Association, within ten (10) work days after r eceipt of the answer by the City Manager or his/her desi gna ted rep r esentat i v e , may b y written notice request the matter be hea rd by the Career Se rvice Boa r d. The Care er Service Board or its designated hea r ing office r sha l l b e r equested to iss ue a decision within thirty (30) days a f t e r co ncl usiuu of tes timony and arg ument . Each party shall be responsible for c ompensa t i on t o its own rep re s entative~~ and witnesses. If either party desire11 a ve rb atim r e cord of t h e p r oceedings, i t -y cause such a record to be made, provi de d i t p ays for the record and makes cop ies available without c harge to t he o t her pa r ty and to the Career Service Bo ard or its designated hearing office r. Failur e by an employee to comply with any ti•e l i mi tation shall c ons t itute a set t ieme n t of the grievance. Should the employe r n o t r espond within the prescribed time, the grievance will automatically proceed t o the n e xt s t e p . Authority of Career Service Bo ard The Career Service Board or its design a t e d hea rin g o ff i cer t~hall have nu authority to add to or subtract fro m or change t he t e rm s of t his Agreement. 'l11c writte n decision of the Board or its designated hearing officer shall be final and binding upon the parties. The Board or its designated hearing officer shall limit ita d cision strictly to the grievance aubmlttcu which hw. been prupuriy processed through the grievance procedure outlined. Grievan ce Option It is agreed that should the appeal proc dure as provid d und•.:r lJH: 4 u( the City Charter or applic ble ordinance provisions is utili% d, re course to the griev nc procedure included in this Article shall b w i v ed. Proce sing Criavance During Working Hours Criev net~ hour within r and tha work lo whil • on duty • tnay b inv asonabl ti d pemiu . tig t d nd proc s ed by the mploycc durin~; worklnt: limits without loaa of pay providcu notice ia ~;lvuu The employee ehall be allow d to attend h arlnga • I • • • - Page lJ ARTICLE XXV. DUES DEDUCTION A. The City agrees to deduct the Association dues once each 1110nth from the pay of those employees who individually request in writing that such deductions be made, s ubject 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 Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the s ucceeding month, afte r such deductions are made. The authorization shall be r evokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deduction shall be made from only one payment of wages each month, except that if not wages are paid an authorized employee on the last payday of a given month, deduction for that month will be llllde from any wages which may be paid to him/her on the next succeeding final monthly City payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Aasociation of any dues during any time that an employee is not actually workina for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not b e responsible to make adjustJDents, until notified by the Treasurer of the Associullun. c. The As sociation shall indemnify and hold the City hannlcss auains t uny and all claims , suits, orders, or judgments brought o r iss ued a~ainst the City a:; a result of any action taken or not taken by the City under the provhilon of thl u Article. D. Changes in the dues amount to be deducted shall be limited to t wo (1) changes each year , and provided a thirty (30) day wr itten notice is provided thu City Finance Director. E . Should the chan&e in the deduction a mount or ~~~ethou ruqu.i.rc a cuuoputcr prograllllling change , the Association shall be responsible for that cost of ~o~uch change or changes , at $30 per hour with a four (4) hours max imum. Payull!nt from the Association shall be made to the City Finance Director within Len ( 10) Juy1; of receipt of billing. ARTICLE XXVI. RULES AND REGULATIONS Ex c pt the ri ht to dir ctiv s. s limit d by th express terms of this Agreement, th City retaln:.l promulga t reasonabl rule , regulations, policietl, prou.:Jut·c <~~au S id rule , r gulations, policies, procedures and dlrcctivub which ar proc dur n alleg d v olation of this Agre ment sh ll be subject t o the t;r lcv..aaac..: ARTICLE XVII. BULLETIN BOARDS Th City agra board whi ch ·hall b Collowln notices: to provide apace in the fire station for union bulletin prop rly intained by the union and used for the 1. Union 2. Union e lection&. 3. Veporta of union co.-itt • I • ( • • • • • 4 . 5. Rulings or policies of the international union. Rec reational or social affairs of the union. The union agrees that there shall be no other general distribution or posting by the union or employees upon City property provided. however. the Chief may permit other material not provided for above at hia diacretion to be posted or distributed. The material posted shall not contain anything reflecting deroga- torily upon the City. any of its employees. or any other organization of City employees . ARTICLE XXVIII. ASSOCIATION ACTIVITY The City agrees that during working hours on the C1 ty premises and without loss of pay. Association members may be allowed to: attend Association and/or management meetings. post Association notices. solicit Association membership du r ing employee's non-work t~ • and represent employees on grievances • provided advance notice is given to the 0\ief and the work load pei'IIIits. ARTICLE XXIX. SHIFT EXCHANGE Employees may be permitted to secure another Fire Fighter of equal r a nk ~1d qualifications to substitute for them subject to approval of th<!ir sup<!tvlsoL·. The employee substituting shall be responsible to work the schedule d shift om! any absence shal l be charged against that employee. Any request for s ub s Litu tcs shall be signed by both Fire Fighters and approval of the supervisor shall also be in writing. ARTICLE XXX. SUPPLIES The City will provide supplies necessary for the normal operation of th<! Department. ARTICLE XXXI. ACTING PAY All acting posi tiona will be compensated at full poy. Th e wul>loy<!c onusl be in the position for seven (7) consecutive shifts before said employee llccoouc:> eligible for acting position compensation. Such pay will be rctroocLivc Lu Lla<! first day said employe assumes the responsibilities of th position. ARTICLE XXXII. AUTOMOBILE ALLOWANCE A Fire Fighter wh o is specifically authorized by th Chief to op<!CUL<! hh p r onally-owned automobile in conduct of City buaineas shall be paid in DLl.l<!.;cu in ccordancc with the City's vehicle mileage policy • ARTICI.E XXXIII. EXCLUSIVENESS OF AGREEMENT The City and th Association agree that the terms and provisionw horcin contain d constitute th entire Agreement batw n tho parties and supurccuu ali I • - • • • • • • Page 15 previ ous communications, 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 negotiatiol~ 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 Agreement to be Lhei ~r especti v e rFpresentatives, and their signatureao place thereon, ~day of 'JVI't , 1981 at Englewood, Colorado. signed by on thlao CITY OF ENGLEWOOD ENGLEWOOD FIRE FIGHTERS ASSOCIATION • I • • • • .. • BY AUT HORIT Y ORDINANCE 0. ~ SERIES OF 198~~-- COUNCIL BILL NO. 67 1 TRODUCED BY COUNCIL ME BER _ll~EccA""L'------ AN ORDINANCE APPROVI NG A COLLECTIVE BARGA! I G AGREEME T BY AND BETWEE THE CITY OF ENG LEWOOD, COLORA DO , A D THE E GLEWOOD FIRE FIGHTER ASSOCIAT I ON, EFFECTIVE JANUARY 1, 1982 THROUGH DECE MBER 31, 1963. WHEREAS, a tentative agreement dat d Jul y 14, 1981 by and between the City of Englewood and Englewood Fir Fighter Association has been executed by representa ives of each of the pa rties; and WHEREAS , said tentative agreement was duly ratified by a majority of the members of Englewood Fire Fighter Association ; and WHEREAS, Section 5-10-lO(c), as amended, requires that the tentative agreement be approved by Ordina n ce duly passed by City Council. NOW, THE REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD , COLORADO : Sec ion 1 . and be ween Fire Figh er December 31, a part her o Tha the tentative agre m nt dated July 14 , 1981 by he City of Englewood, Colorado, a nd the Engl wood Associa ion , effective Janua ry l, 1982 hrough 1983 , a copy of which is attached here o nd m d , b nd the same is hereby approved . Section 2. That h Mayor of the City of Englewood, Color do, is herebY u hor1 z ed and directed to execute the collec iv bargaining ag r e m n be w he City of Englewood and Engl e wood Fir F ight r Assoc i a ion d d July 14, 1981, and the Dir c or of Finance , ·x o flc i o Ci y C l rk-Tr asur r, sh 11 a tes h A c opy of a1d Agre m n o ffl ClO Ci y Clerk-Tr n h City o ion 8 is on fi1 wi h h Dir ctor sur r, a summary of which nd Engl wood n p g 8 nd ion I • • • • • • persons included and those persons excluded from said Association. Employee rights are defined as well as hours of work, overtime work, term of probation, and promotions. Annual leave accumulation and use is provided for therein. Personal leave accumulation and use is provided for therein. Personal leave, disability-temporary are provided for. On-the-job injury/disability is also provided for . Military leave, funeral leave, jury duty service and leave of absences without pay are dealt with in the contract. Uniform cleaning allowance, tuition refund, life insurance, dental in sur- ance and health insurance are provided for. Retirement benefits are as defin e d under City Plan and State Statutes. Layo ff pro- ced ure is d e fined. Procedure for settlement of disputes is pro- vided for. Du e s deductions, rules and regulations, bulletin boards for Association activity, shift exchange, acting pay, automobile allowance and exclusiveness of agreement protection are provided for in said Agreement. Compensation is provided for in said Agreement and is generally 8% for each of the years of the contra ct. The foregoing is only a summary of the Ag r eement and is not intend e d to modify, define or in terpret any of t he provisions of said Agreement, the Agreement b ein g of full force a nd effect and adopted hereby. Introduced, read in full, and passed on firs t read ing on th 3rd day of August , 1981. Published as a Bill for an Ord inanc on the 5 h day of Augus , 1981. Read by title and passed on final reading on h e 17 h day of Augus , 1981. Published by title as Ord~nanc on the 19 h day of August, 1981. A s -2- , Seri s of 1981 , is, M yor • I • • • • MEMO RANDUM OF UNDERSTANDING BETWEEN TilE CITY OF ENGLEWOOD AND THE ENG LEWOOD FIRE FIGHTER ASSOCIATION This Agreeme nt entered i nto by the City of Englewood, Colorado and the Englewood Fire Fig hter As soci ati on has as its purpose the pro motion of harmonious r ela t i ons b etwee n the Ci ty o f En glewood and its Employees , a fair and peaceful procedure f o r the res o lution of di f fe r ences; the establishment of rates of pa y and hours o f work and othe r c onditions of employment. The City and the As sociation agree t o cooperate in order to promote the highest degree of e mplo y ee p erformance and productivity . Thill i nc ludes but is not limited to the followin g conservation o f ma terial s , manpower, and supplies; correction of conditions c ausing grievanc es and aiaunde ratandi ngs; enhancing the public image o f this De p art men t and the City ; reduc t ion of absenteeism, tardiness, care lessness ; elimi nation of t.prop r use of leave of absence; and i mproveme n t of q uality of workma nship. Ex c pc wh r by xpress provisions e lsewhere i n t hit> A1:r ccmc n t nothin~ i n this re nt s h all b e conatrued t o restrict, limit or imp a ir t h e rights , p ow ra d authority of th City a s granted to i t unde r the l aw., of t he S t ate of Colorad and the Ci ty's Charte r and Muni cipal Code. ·n.e rights , p owers , and authority includ , b ut are not limited to , t he foll owi ng: A. Th det rll.i tion of Fire Department policy i ncluding t he r igh t to ma n a e t h flairs of the Fir Departmen t in al l respe c ts. B. Th right to ssi gn working hours , i n cluding o vertime . c. The right to establish, modi f y or change wo r k sch edules , manniuu of app rat us, mount of app rat us i n th ma i n or reserve flee t, etc. D. The right to dir ect the members of the Fire Depart ment inc ludint; the ri ht to hire , promot , tr nsfer or d is c i pline or dis c harge for cause, any fir fi g ht r !thin th Fir D p a rtmen t . E. The table of organ zation of the fi r e De:>artme n t inc iucHnu Lh c r l ghL to organiz nd r organize the Fire Dep rt~n t i n any nncr it c hoowcs , including th size of th nre Depa r t nt and the d e termination o f jo() du :;a.~i fication and rank.a bas d upon duties s s isned. F. Th det naination of t he safe ty, h alth and property protc cLiuu m a ures for th Fire D par t nt . G. The allocation and aaaign~~ent of wo rk to all fire fi&hters within Lhl.l Fir • I) p.utm nt . 11. Th deterrain.Jti n of p o lic y f f c ting th s le c t ion or tr ininu of fir fi htera . • • I • • • • • - Page 2 l . The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. J. Th e establishment, discontinuance, modification and enforcement o f Fire Dep artment rules, regulations, and orders. K. The transfer of work from one position to another within the Fire Department. 1... Th e introduction of new, improved or different methods and techniques of operation of the Fire Department or a change in existing methods and techniques . M. The placing of service , maintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of fire fighters within each rank. 0. The determination of the amount of supervi&ion necessary. ARTICLE I. DURATION OF AGREEMENT A. This A&reement shall take effect on January 1, 1982 and shall conti nue in force to and including December 31, 1983. B. This Agreement, or any part of it, may be terminated or renegot ialcd at any time by mutual consent of both parties. C. If any article or section of this Agreement should be held lnv:.lid by operation of law or the District Court, or if cowpliance wilh or cnforccuocnl of any Art icle o r s ection should be restrained by such District Court, the remainder of this Agreement shall not be affected thereby and Lhis Agrecmcnl shall remain in full force and effect , and the parties shall prompLly uccl .md confer for the purpose of attempting to arrive at a mutually satisfacLury replacement for such article or section. D. 11oe parties agree and undcrs tand that provisions rclallnt; Lo coup luy<'c :, covered by this Agreement shall in no way displ ce or mod.l.fy prctH!OL or fulun! statutory orca e law of the State of Color do. E. Th part:tes cknowledg that during n gotiations whi ch rce>ullcd in thi:. Agreement, ach had th unlimit d right and opportunity to make demand~> and proposals with reapect to any ubject or matter ppropriate for tncct .. md confer discus ion s and that the und ratandings and agreements arrived at by the parLh·~ aft r thi11 ex rcis of that right nd opportunity re set forth in thls A~rccouent. All ben fits agreed to in previous Memorandums of Undentandin& an\! not adllrct~e.cd in thi Agr ement will continue. ARTlCLE II. RECOGNlflON Thll City r COi:fliZeli the Englewood Fire Fighters Association a the employe\.! organization certi!i d by the Career Servic Board of the City oC englcwoo\1 • I • • - - • • • • Pa ge 3 as the exclusiv e representat i ve for the Fire Department employees withi n t he [ ollo~1ing bargaining unit: Include d: All f ull-tiiDe classified employees of the City Fire Department i n cl udi n g Fire F ighter, Driver-operator-Engineer, and Lieutenant. Excl uded: Supe rvisors, Managers and confidential employees, Chief, existin ~ Cap t ain pos i tions , Battalion Chief, all non-emergency, part-time, temporary, seasonal , a n d contra c tu a l employees, students and all employee~; hired thro u t;h t h e u se o f Fe de ral , St a te or other outside funding sources for special proj e c t s o r pro grams , an d all o t h ers who may be determined by the Career Service Board prior to or during the l ife of this Agreement as provided under City Charte r. ARTICLE III . EMP LOYEE RIG HTS A fu ll-time cla ssified e~~ployee covered by this Agreement shall have the right : A. To f oi"'II, join , s u pport or participate in, or to refrain from forndn g , joining, supporting, or part icipating in any employee organiza tion o r i t ~ l aw f u l activities; and B. Bargain collectively thr o ugh their certi fie d employee represent ative. c . No employee shall be interferred with, restrained, coerced or discriluln .. LcJ against because of the e xerc i s e of theae rights n o r shal l the rl.~ht of .111 individual employ e to d i scus s emp l oyment c once rns with the Cl ty be infr ln1;cJ upon. ARTICLE IV. HOURS OF ORK Th e Fir Dep rtment ahall o bs erve wo rking hou rs n ecelils a ry for Lh fCi1...~.<.uL transaction of their resp ctive s e rvices , such as have been d t rmlncd tor Fire Fight rs as follows: 1. The work week shall consist of an ave r age of fifty-six (56) houn. each week for employees assigned to shift work which will be on J twenty-four (24) hour alternating basis and an average of forty (40) hours per week for mploy es a signed to non-shi! t work. Nothln~; he n :lu shall be con tru d s guarant eing employees forty (40) hour or fifty-six (56) hour ARTICLE V. OVERTIME WORK A. Shift work r shall receiv ovcrtim for duti Iii perforu •II ovur and above th ass ian d work w k of fifty-six (56) hours, with tha hourly rat computed on tit y-six (56) hour duty week wage basis. When Fir FJ.&hlcrli work overtim on an m rgency call-back basis , th t ov rti-. ah 11 b c mpulcu on a forty (40) hour duty week wage b is. If a Fir Fight r on full 10hiC~ ov rtim bash worklll on u e11111rg ncy long with oth r Fire Fightorw uu .l c 11-back basis, h will b comp n.s ted on the forty (40) hour bu is durin1; th p riod of th t ra ncy. Overtime ah 11 not b ca.puted n r 1111' nliuL un llott d on pr viously ccrued ov rtim • All non-shift work rw 10holl llu ulWUII>L • I • • - • • • - Page 1, from the above provisions. An emergency is defined as a multi-ala rm situation where more than normal manning is required and must be called back by the Fire Chief . B. Overtime as defined above shall be compensated at a rate of time and a half. Discussion» will continue on the subject of the assignment of overtime. If the two part ies are able to reach agreement, the agreement will be implemented immediately a nd become a part of the contract. If the two parti~ are unable to reach agreement by May 1, 1982, the matter will be sent to the Career Service Board for a hearing and determination. ARTICLE VI. COMPENSATION A. E mployee~~ covered by this Agreement shall receive an eight percent (8 7.) wage increase effective January 1, 1982 and in addition shall have added to the 1982 base wage of each pod tion, holiday and longevity compensation which together shall result in the adjusted base wage schedule for 1982 as follows: Firefighter (probationary) Firefighter 1st Class Firefighter 2nd Class Firefighter 3rd Class Driver/Operator/Engineer Lieutenant $1,404 $1,590 $1,720 $1,851 $2,019 $2,196 B. wag incr 1983 base result in Employees covered by this Agreement shall receive an eight (8) pe r ce n t se effective January 1 , 1983 and in addition shall have added to the wage of each position and holiday compenliation which together shall the adjusted base wage schedule for 1983 as follows: Firefighter (probationary) Firefi hter 1st Claaa Fir fighter 2nd Class Firefight r 3rd Claaa Driv r/Operator/Engineer Lieutenant $1,540 $1,744 $1,886 $2,030 $2,214 $2,408 C. In ddition to th ir regul r b s wage, shift invest1&aLorli ass1~;ned ;uad authoriz d by the Fire Chief will r ceive one hundred dollarli ( 100) per u10nLh. In addition to their regular base wage, qualified paramedics assigned ~ad uthoriz d by the Fir Chief will receive one hundred doll r& ($100) per uaonLh. ARTICLE VII. PROBATIONARY EMPLOYEES The prob tionary period for 11 newly less th n tw lv (12) montha fr~ th date prob tion ry p riod, the employ ahall b authoriz d by Lhe City M n ger. appointed employ e shall noL of hire. Aft r C:OIIIPl tJ.on of eligible for permanent 11 taLul> • be the wlwn I • • • • Pa ge 5 ARTICLE VIII . PRmtOTIONS A. A promoted employee covered by this Agreement shall serve a twelve (12) month probationary period in the new position provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the Fire Chief may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the Ci ty Manager approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. B . Any permanent e~~~ployee in the classified service upon being promoted to a new position in the Career Service System shall have probationary status as set o ut above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the dis cre tion of the City Manager and/or the employee. Should the City Manager return the employee to his/her previous position, the employee shall be informed of the reasons for the return. ARTICLE IX. ANNUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) d~y~ of annual leave each year. Annual leave shall accumulate monthly al Lhc r~Lc of one and one-fourth (1~) days per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (~) of the working days of that month excluding author izcu paid leave . Annual leave shall not be granted to any employee until he has been in the employ of the City for at least one year unless oth rw ise uthori~J by the Chief. For those employees having less than ten (10) years of continuous ervice, the maximum accumulation of annual leave shall be thirty (30) c.l~y:.. After ten (10) years of continuous service, non-shift work employees shall be ntitled to eighteen (18) days of annual leave each year. Annual leav shall a ccumulate t the rate of one and one-half (1~ days of annual leave pc r moullt of active service. Said maximum accumulation shall be forty (40) Jays. B. Shift work employ ea hall be entitled to seven and one-half (71.) shift of nnual leave each year. Annual leav for said employees havinJ: less t h n ten ( 10) y arb of continuous a~ervice llhall .J.Ccumulatc l Lhc C.llc uf fifte n (15) houn for e ch month of active service and th ximum ccumu- 1 Lion sh 11 be fift en (15) shifts. In order to qualify for ~unu~l lc~vc cr dit durin the month, the mployee must hav worked t le t onL~half (1.) of th working day ot th t month xcluding authoriwd p id lc~vc. 1\llcc Leu (10) years of continuous s rvic , shift work employ cs shall rccciv • nino .mJ on -h 1f (9~ shift of leav for each y ar. Annual leav shall accumul~Lu ~l c. h of ninet n ( 19) houra of annual leave p r month of activll a~crvlcc wlLit accumul tion of annual le ve shall be ninete n (19) a~hilt~. annual 1 ave ximua accumulation~ of cc umulat d le v iter th d u e of leave prior to • authoriz d n r con1puLcd leav h v b n rcachcu. xiii»JIII hw. bl!(:il Cl!.lCh ·u, ccumul tion and I • • • • Use The schedu l e for u s e of annual leave shall be determined by the needs o f th e depar tmen t . Annual l e ave shall be taken at a time convenient to and approved by the Fire Chief . An nual Leave Pa y The rate of annual leave pay shall be the employees regular straight time hourly rate o f pay for the employees regular job and charged on a working hour basis , excluding regular days off. Annual leave shall be allowed only to the t o tal hourly amount accumulated at the beginning of the leave, as verified and a uthorize d by the Fire Chief. Employees may receive their annual leave pay, provided t h e employee makes a written request to their supervisor and approve d by the Fire Chief fi f teen (15) calendar days prior to the start of their annual l e ave. Mi n im um Us a ge The re s hal l be a one (1) shift mini IliUm use of annual leave time for s h lf t worker , and five (5) cons e c uti ve work days for non-shift workers unless otherwise authori zed by the Chief . Annual Leave Pay Upon Separation Any employee who is s eparated from the service o f t he City , i.e . r etircn•enl , • termina t ion or layoff, shal l b e c ompensated for the unused annual lc01v c tl.anc accumulated at the time of separation. - • How Charged Annual leave for non-s h if t work employees shall be charsed on a work day basis excluding regular days off. Annual l ave for shift work e mp loyees s hall be char &ed on a twenty-four (24) hour basis excluding regular days off. ARTICLE X. PERSONAL LEAVE Effective J nuary 1, 1982, all shift work employ 11 covered by Llll.~o Agreement hall be r nted ninety-six (96) hours of p raonal l avo wl.lh p.&y which an employ i cntitl d to us for the followin& purposes: A. Time lost s immedi te family. r sult of illness/injury to t mploye or tho e1~1l.oycc'a. B. Att nd personal business. c. L isure tim • For any mploy e who h not us d the nine ty-six (96) ho u rs of p tiiOO 1 lu.&v • tim ending Dec mber 31, of each y r or any porti on th r of, th Clty will Olllp n at aa!d employe for th unua d ti at th ~~ploy 'a r jlUlOC WUt; .&l to b paid th first pay period in J nuary of ch aucc:e din yu r. p CIIOI 1 1 av ti shall not exc ed ninety-six (9 6) ho u n nor shall it bu Olccuwul.&L d ur • I • • • • Pag~ 7 ca rrie d over from one year to the n ext. In t he event of illness/injury i n which p~rsonal leave is requested, the e mp l oy ees s hall notify t heir supervisor ac lcasl o ne (1 ) hour prior to their schedule d reporting time . On e pe r sonal leave day shall be guaran teed p er s hift. ARTICLe XI. DISABILITY -TEMPORARY (NON JOB RELATED) De finition Tempora r y dis ability i s leave &ranted for non-service connecte d i nj ury o r illness of an emp loy ee which disability prevents the employee from performing his/her duties as a City emp l oyee . Provision J a nuary 1 , 1982 , the Ci t y agrees to provide temporary disability l e ave with pay for employee 's a bs e nt as a result of illness/injury at the rate o f 100 % o f of the employee 's re gul ar wage up to 120 calendar days/40 shifts . T<:!mporary disability leave s h all not be a ccumula tiv e except that on January of each year the City shall restore 100% o f the numb er of days/shifts used by an employee during the preceeding year up t o a max i mum of 60 days or 20 shifts. Utilizati on A. Authorization for tempora ry disability leav e wi t h pay shall only be granted after the first shift/day of dis a bili t y. B. Authorization for temporary disability shall only be granted Cor Lhc following r aaons: l. Illn ss or injury of the mployee not s rvice connccLcd, in c luJiu~; ma ternity. Sick Laav Opti on All sic 1 with th m11loy v accrued by employee prior to January 1, 1980 shall vc~oL e , and y be used in the following manner: A. A l r th 111Ploytt 1 120 duy d crib d bove, have been used, unlc~o~o Lh · ntitl~td fo r r tir m nt as a result of disability. B. pl n for or on By c sh n~ ~n upon norm 1 r .ac.:h two hours of hour pay for c rued sic leave accUinulated under the previou" nt from the City at the rat or one hour 11 ay crued sick le v at th employ c's regular rule a h four hours upon aep ration from the ClLy. c. By c.: hin& n cc r d a ck le und r th previa pl , on c each y ar t th co nversion rata of four (4) hours aick 1 ave for on (l) hour p y, not to xc d c nv raion of 110ra than 400 houra eil h yuur. loy • or up rvbor biUty alb r o the mploye 'a hou hold hall no i y th t le t 30 •inutea prior to the .ploy4l '111 111chuuulud I • • • • • Page 8 reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule. Verification of Disability An attending physician's statement will not be necessary until after one (1) shift of disabili ty, except when required by the Fire Chief. If the Chief requires the employee to see a physician, the City will pay the cost of s uch examination and/or office visit. Abuse of Tempo rary Oisabili ty Abuse of temporary disability occurs when an employee misrepresents th e actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who mak e s a false claim for temporary disability leave shall be subject to disciplinary action o r d ismiss al. ARTICLE XII. ON-THB-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be abscnL fro111 work as a result of such injury, the City shall pay to s uch employee his f u ll w a,~c" from the first day of his absence from work up to and including Lhc 90th calcnual." day of such absence, less whatever s\lllls received by the employee as di,;ability 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(s) at the City 's expense or under the provision of workmen 's compensation or the retirement/pension provision as provided unucr StaLe SLaLuLc. B. All injuries that occur during working hours shall b.: rcporLcd LO Lllc mployee 's upervisor within 24 hours of th injury or befor Lhe Cntllloyce lcavct. th ir d partment of em loym nt unless circumstances beyond th<: conLcol of Lllc mploye would not permit. ARTICLE XIII. MILITARY LEAVE A. p rmanent or probationary erDploy e who enli»ts or ill lnduo.:Lcu lallu th n val, lr or other amed s rviccw of thl.l United SlaLc~o ln Llu...: of war nti tied to 1 av of b11 nee without pay for th dul." L.i.uu of :.u ll w r o r until h o n r bly <Iisch rg hich v r occun Ciut, d for on ' (1) yc .. c th r fter. IDb r of th N tiona! GuarcJ or .»ly oLhcr Stat , nor or h r aftur orcani~ccJ or ry 11 •rv c Oil\. .JC)' 1t. 1 :, L"IJ l a.lo ·.I • I . • • • • Page 9 C. Such l eave shall not be allowed unless the employee r e turns to h is pub lic p os i Lion immediately upon b eing relieved f rom such military service and not l u t cr than the expira ti on of the time herein limited for such leave, unless he is prevented fro m so r etu rning by physical or mental disability or other cause not due to his own f aul t o r is required by proper authorities to continue in such military service beyon d the t ime herein limited for such leave. D. Subject t o provis i on A, B and C above, the City shall provide f ull p a y to an employee granted mi l itary leave , les s whatever compensat io n t he e mp loyee may have receiv e d by the mi l i tary for such service. ARTICLE XIV. F UNE RAL LEAV E Th e a ppointing authority .. y grant leave with pay to an employee to atte nd the fune r al o f a member of the e..ployee 1 s family. The number of days granted s h a ll be g overned by t he c ircumstances of the case, but in no event shall the y exc e ed fi v e (5 ) calendar daya. For the purposes of this section, "employee's fami ly" shall -an the e.-ployee' a apouae, or the children, grandchildren, pare n t s, grandp a rents , brothers and sisters of the employee or of the employe e's spouse and other members of the family at the discretion of t he Ci t y. ARTICLE XV. JURY DUTY AN D WITNESS SERV ICE Leave may be granted to an eap loyee for serving on j ury d u ty or as a w.iLne:;<> in his official capacity in o bedience t o a subpoena or d irec t ion by legal a u tltorily. He shall be entitled to the d ifference between h i s reg u l ar compe n aoation and Lhc fees rec ived for jcry duty or as a wi tne ss. When he is s ubp oenaed as a wilnctHI in private litigation to testify , not in his o f ficial capacity but &~> au individu:~i , the time abs ent by re ons thereof shall be taken a s annual leav or leave w.iLhuuL pay. ARTICLE XVI. U IFORM CLEANING ALLOWANCE If an employ e is required to wear a unifo r m, the elllployee t>h:~ll wear Lhc unifo1111 only aa authorized by the department work rules. All employees sh ll m intain p r s nt b le ppearance while on duty. The employee i nHit>ons b lc for any d e to th uniform by negligence or deliberate act. "1'11 Cily will b responaib le f o r providing and cl aning of uid Wl.iforaa. n1o Clly wUl t•ruvhlu 50% of the coa t of f ty sho up to $30.00 p r year. ARTI CLE XVII. TUITION REFUMD Upon r e co nd cion of th Fire Oli f d after prior prov C Lh City Manage r, the City of Englewood may rei~urs a p raanaot, full-ti ~ir Fight r upon aucc saCul completion of an approved cours or coura in du Lion or v ocation l trainin • The courae or training .ust b ralat d to tho work \d b d s i d to 111Prove cosnp tence in th job, and b of val to th Fir t:h l '' ' .. e rv ce to th City. 1'h111 shall include all tldtion, nd raqu rul! Luxlll • • I • • • • • Page ll his relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided tha t those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. Any employee in a higher rank, if laid off, may transfer to the previous lower rank provided the employee had permanent status in the lower rank. The layoff list shall terminate after one (l) year. ARTICLE XXIII. LEAVE OF ABSENCE (WI'OIOUT PAY) Eligibility Permanent employees may be granted a leave of absence without pay for reason~ of education which is allied to the duties of the City, settlement of an estate, chi ld care, serious illness of a .. aber of the employee's f~ly, but shall not be used for the purpose of obtainina employment elsewhere. Leave without pay shall not exceed aix (6) .onths of any year but may be extended upon request for an additional aix (6) months. The total leave tiae ahall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a p01ition ca.parable for which the employee is qualified. Durin& periods of unpaid leave, employeea shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of abaence without pay shall be submitted in wr.lt.lne ~y the employee to the Fire Chief. The request ahall indicate the reason thu lcuv of absence ia being requeated and th approximate length of leave time requc~Lcd . Conside rat ion The Fir Chief may grant or deny leave requeats, taking into consid ration the department's work force, work load and the employee 's request. Failure to Return Unlesa unusual circ11111stan c es exiat, an employee who fails to retunt by Lhc date of leav xpiration ahall be con»idered to hav voluntarily rcll!!&nc.J Cn11u the aervice of th City. ARTlCLE XXIV. SETTLEMENT OF DISPUTES A gri vance ia defin d 11 all ged v ol tion of a spec.lC.lc llrov.i on of th.ls A&re nt. Th employe and th Aaaocietion shall be r qu.ir d LO fol.low th procedure a • t out below. If th !lip loy e ill u ble to aet tl th griev c or d putc ora.lly und informally throu h hie/her 1-ediate eup rviaor within five work day• oC the date of the occurrence of the grievan , or the e~~ploy e'a knowl dg or ll, Lhu mploye y within th aucc din& tiv (S) work days fil a written gr.levonco • I • • • • • ,. • P at.;C 12 with his/her supe rvisor. The supe rviso r s hall attempt to adj u st t h e mat ter and shall respond in writing to the emp l o y ee wi thin five (5) work d ays. If the answer is no t satisfa c tory, the matter shall be presented in wri ting by the employee to t he Fi re Chie f wi t hin five (5) work days following recei (>t of the Fire Chief 's resp on s e . The Fire Chief shall respond in writing to the employee within five (5) wo r k d a ys . If the g r ievan ce sti ll remains unadjusted, it shall be presented by the employee to the City Man age r i n writing within five (5) work days following receipt of the response of the Fire Chief. The City Manager or his/her designa ted rep resentat ive shall respond in writing within ten (10) work days. If t he g rievance is still unsettled the Association, within ten (10) work days after receip t of th e answer by the City Manager or his/her de signated representative, may by writ t e n no t i ce request the matter be heard by t h e ca r ee r Service Board. The Career S e rvic e Board or its designat ed h earing of fleer shall be requested to iss ue a d e c ision within thi rty {30} days afte r con cl u sion of testimony and argument . Each party shall be reaponsible f or c omp e nsation to its o wn rep r esentativ et~ and witnesses. If either party des i r es a vcrbnLlm record of the proceedings , it -y c ause such a record to be Jlll de , p r o v ided it p>iy:> for the record and makes copies avai lable without c harge to t he othe r party and to the Career Service Board o r i t s designated hearing of f i cer. Fail ure by an employe to comply with any tiae limitation shall c ons titute a setLlcollt!I\L of the grievance. Should the employe r n ot respond within t he prescribed time , the grievance will automatically proceed to th e next s t ep . Authority of Career Service Board The career Service Board or its design a t e d heari n g officer llhull lo.!vc nu authority to add to or subtract fro m or c hange the te r ms of this Agreement. 'lloe writ ten decision of th Board or its designated hearing officer shall be i1n...1l and binding upon the parties. The Board or its designated hearing officer shull limit its decision strictly to the grievance 11ubmittcd which ha.. been prupurly proc ssed through th grievance proc dure outlined. It is agre d that should th appeal proc dur provided under 13!1:4 u( the City Chart r or applicable ordinance provisiona ia utilized, recours u lO lhe grievanc proc dure included in this Article shall be waived. Hours Gri v n<:cs 1 y be inv a ti a ted nd processed by th a~ploycc durlnu wurkin1; hour within r sonabl time limits without lou of pay provided noL.lcu 1 uLvcn and the work load permits. The e loy e ah 11 be allow d to attend hear.lnUM whLl n duty • • I • • • • • • P a ge 13 ARTICLE XXV. DUES DEDUCTION A. Th e City agreea to deduct the Association dues once each month from the pay of t h o se employees who individually request in writing that such deductions be made, sub j ect to the garnishment laws of the State of Colorado. The amounts to be d educ ted shall be certified to the City Finance Director by the Treasurer of the As sociation, and the agaregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeed i ng month, afte r such deductions are made. The authorization shall be r evokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deduction shall be made from only one payment of wages each wonth, e x c e p t that if not wages are paid an authorized employee on the last payday o f a given month, deduction for that month will be made from any wages which may b e paid to him/her on the next succeeding final monthly City payday. 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 emp loyee 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 b e r esponsible to make adj ust~~~ents, until notified by the Treasurer of the 1\ssociatiuu . c . The Ass o ciation shall indemnify and hold the City harmlo ss uu alns t a ny a n d all claims , suits , orders, or judgments brought or issued a~;al n ti t the Cl Ly "" a res ult o f any action taken or not taken by the City under the provlt~ion of Ll&b Artic l e . D. Change s in t he dues amount to be deducted shall be l i mite d t o tw o (l) c hang e s eac h year, and provided a thirty (30) day written noti ce is provi d e d Lhc Ci ty Finance Director. E . Sh o uld the chan&e in the deduction amoW\t or 111ethod r c 4uire .1 .:u &upuLc •· prograaaing chan&e, the Association shall be responsible for t h a t cos L of s u ch change or changes, a t $3 0 per hour with a four (4) hours max i mum . Pay100n L from the As s ociation shall be ma d e to the City Finance Di rector wi Lhin Len (10) d.1yt. of rece ipt of billing . ARTICLE XXVI. Except the right to dir c tive . which are n procedure. RULES AND REG ULATIONS s limited by the expr ess terms of this Agr ent, th Cily reLaln:J promulga t reasonable rules , regula t ions , polici •, rroc.;cJun;: ..111\l S id rules, r g u la t ions , policies, procedu res and d rcctlvcb lleged violation of this Ag r eement s hall b 5 u bj eeL Lo Lhc uc .i.cv.m.:c ARTICLE XVII. BULLETIN BOARDS Th City agrees to p r ovid s pace in the fire sta tion f or union bulletin board which sh 11 b prop rly ma intain d by th union an d u d for lhu followin& notic 1. 2. 3. Union m tioga. Union lectiona. Reports of un i on c a..itte a • • I • • • • • Page 14 4 . Rulings or policies of the international union. 5 . Recre ational or social affairs of the union. The union agrees that there shall be no other general distribution or posting by the union or employees upon City property provided, however, the Chief may permit other materi~l not provided for above at hia diacretion to be posted or distributed . The material pa.ted shall not contain anything reflecting deroga- torily upon the Ci ty, any of its employees, or any other organization of City emp loyees. ARTICLE XXVIII. ASSOCIATION ACTIVITY The City agrees that during worldn& hours on the City premises and without loss of pay, Association members .ay be allowed to: attend Association and/or management meetings, post Association notices, solicit Association membership during employee's non-work tiDe, and represent e~loyees on grievances, provided advance notice is given to the Chief and the work load per-its. ARTICLE XXIX. SHIFT EXCllANGE Employees aay be permitted to secure another Fire Fighter of equal r a nk ~~d qualifications to substitute for them subject to approval of their ti up ervl,;or . The employee substituting shall be respon11ible to work the schedul ed shift an ..t any abs ence shall be c harged against that employee. Any request for substitutes shall be signed by both Fire Fighters and approval of the supervisor ,;hall also be in writing. ARTICLE XXX. SUPPLIES The City will provide supplies necessary for the normal operation of the Department. ARTICLE XXXI. ACTING PAY All acting positions will be compensated at full pay . TI1c ean1>loyee anut;L be in the po ition for seven (7) consecutive shifts before said employee bccouac:o eligible for acting position compensation. Such pay will be retroactive Lu Lltu fi rst day said employ e as um s the r sponsibilities of th position. ARTICLE XXXII. AUTOMOBILE ALLOWANCE A Fire Fighter wh o is specific lly a uthorized by the Chief to opuruLe laiw p rsonally-own d automobil in conduct of City buaineas shall b o pa!<l in llliluo~t;u in accordanc with th City's vehicle mileage policy. ARTICLE XXXIII. EXCLUSIVENESS OF AGR£fltDIT Th City d th cont in d con titut Aasociation aar he entire Agn th t th teru and provi11i n11 hoc •in nt between tho parties and 11upuc uuu o~U. • I • - • • • • • • Page 15 previous communications, representations or agreements, either verbal or wri tte n, between the parties wi th respect to the subject matter herein. 'The City and thu Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiatiot~ will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties . In Witness Where of, the parties have caused this Agreement to be thci ~rl!sp ec tiv e rF presentatives, and their signature~ place thuruon, ~day o f JV/'1 , 1981 at Englewood, Colorado. signed by Oll thlt; CITY OF ENGLEWOOD ENGLEWOOD FIRE FIGHTERS ASSOCIATION • I . • ORDINANCE NO. ~ SERIES OF 198_1 ___ __ • • • BY AUTHORITY COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER FITZEATR~ AN ORDIN AN CE AP PROVING A COLLECTIVE BA RG AINING AGREEMENT BY AND BETWEE N THE CITY OF ENGLEWOOD , COLORADO, AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY l, 1982 THROUGH DECEMBER 31, 1983, APPROVING AN ADDENDUM TO THE 1980-81 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION. WHEREAS, a tenative agreement dated July 13, 1981 by and between the City of Englewood and the Englewood Police Benefit Assoc1ation has b een executed by representatives of each of said parties and Addendum to the 1980-1981 Contract Between the City of Englewood and the Englewood Police Ben efit Association dated July 13, 1981 has also been executed by r epresenta tives of each of said par ies; and WHEREAS, said tenative agreement was duly ratified by a majority of the memb rs of the Englewood Police Benefit Association and said Addendum was duly ratified by a majority of the memb rs of h Englewood Police B nef1 Associa ion; and WHEREAS, Scion 5-10-lO(c ), as am nded, reauir s that he tentative agreemen nd addendum be approv d by O;dinance duly passed by Ci y Council . NO\'l, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: SecL1on 1. That he ten ative agre m n an a dendeum dated July 13, 1981 by and Englewood, Color~do, nd Englewood Polic ef c 1v J nuary 1, 1982 through D c mb which 1 s c hed h .re o and m de apr s m is h r by pprov d. a ed July 13, 1981 we n h Ci y of B nefi Assoc i ion, r 31 , 1983, copy o h ·reof, be and h nd shall Fnqlcwood nd July 13, 1981 • I • - • • • • The agreement betwee n the City of Englewood and the Englewood Police Benefit Association consists of 19 typewritten pages and is titled "Contrac t Between The City Of Engle wood And The Englewood Police Benefit Association ." Duration of the Agreement is from January 1, 1982 to and including December 31, 1983. The Agreement recognizes the Englewood Police Benefit Association and defines those employees included and excluded therefrom. Employee rights are defined , hours of work , lay-off procedure, overtime work, callback procedures, standby time, probationary period, personal leave provisions, disability/temporary procedure is established, on-the-job injury/disability procedure is established, leave of absence procedure, grievance procedure, dues deduction, association activity, authority of City to establish rules and regulations, merit increas es , responsibility to testify, acting pay , base salary, retirement benefits, tuition refund, bidding procedure for holidays , vacation and shift assignment , letter of wa rning, and the exc usive of agreement ?rotection is provided for in he Agreement. Longevity compensation, p romotion, annual leave, perso nal leave, life insur- ance, d e ntal ins urance, health insuran c e, and holidays are provided for in th e Agreement . Compensation is provi ded for at the rate of 10% effective January 1, 1982. The provision for 8% in 1983 is p~ovided for; however, if necessary , a wa ge adjustment in the excess of 8% shall b e made for 1983 based upon a wag e survey of certain mun icipalit ies and the incre ase of wa ges in said communities. The foregoing is on l y a s ummary of said A J ~e c ment and do es not intend o i nterpr e t, replace or substitute for the p rovisions in the Agree- m nt, said Agr emcn t b ing adopted in full by th is Ordinance. S ction 4. Th h e Ma yo r of the City of Eng l wood is hereby uthor1zed and d1rec ed to execu e n dden urn t o the 1980-1981 contrac be w n he City of En gl wcod and he Englewood Poli ce B nefi Assoc1at1on da ed th 13 h day of July , 1981 and the Direc or of Finane , ex officio Ci y Clerk-Treasur er , shall a test he same. In 3r d y o r• d Jn ull, nd p ss d on irs ' 1981. -2- • n n or - of ding on h I • • ( • • • • Published as a Bill for an Ordinance on the 5th day of August, 1981. Read by title and passed on final reading on the 17th day of August , 1981. Published by title as Ordin ance No .~~, Series of 1981, on the 19th day of August , 1981 . Eugene L. Otis , Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify hat the above and foregoing is a true, accurate and complete copy of the Ordin ance passed on final reading and published by title as Ordinance No. ~ , Series of 1981 . Gary R. H~gbee -3- • I • • • • • CONTRACT BETWEEN TilE CITY OF ENGLEWOOD AND 'mE ENGLEWOOD POLICE BENEFIT ASSOCIATION '· This Contract entered into by the City of Englewood , Colorado and the Englewood Police Be nefit Association has as ita purpose the promotion of harmonious r e lations 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. 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 au thority of the City as granted to it by constitutional p rovision, statute , ordinance, charter or special a ct, th e exclusive power, duty and rights to; A. Determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effective ness of City ope rations. c. To d t rmin the services to be rendered, the op erations to be performed, the technology to be utilized, or t he ma tters to be budgeted . D. To d tet"min the ovet"all methods, process a, ana, job classifica- tions or personnel by which City operations at"e to be conducted. 1::. 1o dir ct, supervise , hire, promoc;e, traru. r, assign, schedule, retain or lay-off employee F. To susp nd, discipline, discharge, and demote for c aus e, all full- c;im per n nt classified employees. G. To r li v employe s from duti a because of 1 ck of work or fund , Ol" und r condition where the City d tqrminu continu d work would b in ffici nt or nonproductiv H. wi h coll 1. c " lo t of 0 t of hatever other actions may b n ce~o~oary to carry out th public not oth rwi s sp cified her in or limit d by a rg ining agr ment. nd all actions to carry out th mission of t;ha City in J. Nnthin conl in d h r in ahall preclud th City fro• con! rrin with it employ a for purpose of dav loping policies to et!ectuet or 1mpl rn nt: any of th bov nu r ted r1 ht • • I • • ( • • • • ARTICLE I. DURATI ON OF AGREEMENT A. This Contract shall take effect on January 1, 1982 and shall continue in force lo a nd including December 31, 1983. 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 s ection of this Contract sho uld be held invalid by operation of l aw or the District Court, or if complia nce with or enforcement of any artic le or sec tion 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 r epla c ement 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 c a se law of the State of Colorado. E. The parties acknowledge that during negoti a tio ns which resulted in this Contract, each had the unlimited right and opportunity t o make demands and p roposals with r espect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract. All benefi t agreed to in previous Memorandums of Understanding and not addressed i n this Contract wi ll continue. ARTICLE II . RECOGNITION The City r ecognizes the Englewood Police Benefi t Association as the employee or anization ce rtified by the Career Service Board of th City of Englewood as the exclusive representa tive for the Police employees within the following bargaining unit: Included: All full-tim , classified employe of lhe City Polic Department. Ex luded: All other who may b~ determined by th reer S rvic Board prior to or during the lif of thi Contract as provid d und r the City Ch rl r. ARTICLE lii . EMPLOYEE RIGHTS A full-tim cl ~~aifi d mploy who is not conf idential mploy , a m n gerial loy , or a s upervisor ahall h ve tha ri •ht: A. To orm, join , 1upport or participate in, or to refrain from forming, joining, ~auppo rt ing , or p.nticipscing in ny mpl y a organization or ita 1 w ul tiviti a; nd B . 8 rg in ~oll ctiv ly through their rtifi d loy r pres nt tive. • I • • - ( • • • • !'age 3 C. No employee sha ll be interferred with, restrained, coerced or discrimi nated against because of the exercise of these rights nor shall the righ t of an individual employee to discuss employment concerns with the Ci t y be infringed upon . ARTICLE IV. HOURS OF WORK TI1e Police Department shall observe office and working hours necessary fo r the efficient transaction of their respective services. Such have been determi ned for emergency e mployees as follows: A. All employees covered by this Contract sh 11 be scheduled at least an ave rage of forty (40) hours work per week in seven (7) day cycles. The work week shall c onsist of five (5) eight (8) ho ur 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 Chie f during the work schedule. ARTICLE V. LAYOFF Wh enever there is lack of work, lack of funds, or un der conditions where the City determines continued work would be inefficient or nonproductive, the appointing authority shall designate the positions i n which the layoff is to be made . Employees on layoff shall b recalled in the order of relat~ve length of service. 1bose recalled must have the demonstrated abili ty and same qualifi- c tiona to perform the available work as determined by th e City. Any employ ee i n a higher r nk if laid off may transfer to his pre vious lower rank p rovided the "mployee had p.,t·ma nent status in the lower rank. Any employee so transferred shall h v the first right of refusal to the former higher lev 1 position that the employee had held. The recall list shall termi nate after eighteen (18) months. ARTICLE VI. OVERTIME WORK A. For 11 employe cover d by this Contract perfor d ov r nd above th as igned work sch dul Overtime bhall not be computed nor comp nsation pay accrued ovl.lrLim•. Sergeants shall receive overti admini tr tive etings when required by a superior except Sergeants, duties shall be consid red overtime. allotted on previously only for court, staff and and assign d training. B. All personnel, as defined in this Article, shall be compe nsated for o v •rtim work a the rate of one nd on -half (lis) timea the normal pay rate. c. The City r l ins th right to assign ov rtime work to any employe qualifi d to p rform the work. Overtime work will b offered on a voluntary b i · fir l. IC the rcquir d numb r of mploy es ne as ry to p rform the ov rti wor can not b found , employ ea shall be asign d and obligat d to work such ov rtim • • I • ( • • • • ARTiCLE VII. COMPEN SATION A. Effective January 1, 1982, employees covered by this Contract shall rece ive a ten (10) percent wage increas e on their base wage. B. Employees covered by this Contract shall receive an eight (8) percent '~age increase on their base wage effective January 1, 19 83. In addition, if necessary, a wage adjustment in excess of the eight (8) percent wage increase will be made. This wage adjustme nt will be based upon a '~age survey of the position of Police Officer let Class or equivalent in the following cities: Aurora Arvada Denver Lakewood Little ton Northglen Thornton Wheat Rid~:e The base wage for Police Offi cer l st Class or equ1.valent 1.n each of the above cities as of January 1, 1982 and January 1, 1983 will be determined. The percenLag increas between January 1, 1982 and Janu ry l, 1983 will then be computed for each City. These percentage increas s will then be added together and divid d by lght (8), res ulting in the averag incr•ase for 11 of the above. If this averag increa e exceeds eight (8) percent, the amount in excess of eight (8) percent shall be add d to the 1983 base wage. If the average increase is eight (8) p rc nt or less , no adjustment over th ight (8) percent base wage shall be m.1de. ARTICLE VIII. CALL BACK An mploy e on off-duty status who is called b ck to duty shall be credited with minimum of two (2) hours of p y at the rat of one and one-half (1~) times the rc ul r hourly rat • Call back shall includ oth r duty related (unctions such st tf and dministrative <:tiugli, training, pistol rangu, monthly qu lifications, etc. ARTICLe LX. STANDBY An t!mploye a ign•d to standby duty sh 11 b cr dit d with e ght (8) traight Lim hours of p y for ea h Cull week of litattdby duty. ARTICLE LO GEVlTY COHPE. ATION ln <~ddition to n 1 loye monthly salary, th for long vlty comp nsation b li d upon th number of y with th Clty and a.hall be der v .. u fro th Collowin • l!lplOy hall b n of continuo • h11dul • l &ibl aervic I • • ( • Years of Se rvi ce 0-4 5-9 1Q-14 15-1 9 • • , . • Amo unt of Comp e nsa t ion None $12 pe r mo nth f or $144 pe r yea r, e xcept for t hose e mp loyees who h ave not completed 6 f ull y ea r s o f c ont i nuous se rvice on De cemb er l of any year, which em p loyees s ha ll rec eive an amoun t e qua l t o $12 fo r e a ch full month of com pleted continuous service a fte r co mp l etion of 5 years of continuous service up t o De c emb er 1. $24 per month fo r $288 per year, except for t hose e mp loyees wh o ha ve not comp leted 11 f ull years of cont i nuous service on De c ember 1 o f any yea r , wh i c h e mployees shall receive $144 p lus an amount equal to $12 for each full month of completed conti nuous service after co mp letion of 10 years of contin uo us s e rvice up to De cem ber 1. $36 p r month for $432 per year, e x c e pt fo r those employees who have not completed 16 full years o f c o n t inuous service on December 1 of any year, which employee shall receiv e $288 plus an amount equal to $12 for each full month of comp leted c onti nuous se rvice a f ter co mpletion of 15 yea r s of service up to Dece mb er 1. 20 or more $48 p r month for $576 per yea r, e x cep t for those employees who have not comple ted 21 full year s of c onti n uouo service on December 1 o f any ye r, which mployee shall r eceiv e $4 32 plus an amount equal t o $12 for each full month of comple ted c ontinuous service after completion of 20 y ars of continuous servi ce u p t o De cember 1. ARTICLE Xl. P OBATlO NARY EMPLOYEES The prob.1tionary p riod for all newly appointed Police employees shall not he 1 ss than twelv (12) months from the date of hire. After completion of th probationary p riod , th employ e shall be eligible for perman nt at tus. ARTICLE XII. PROMOTIONS A. A promoted •mploy e cov r d by this Contract shall serv a tw lve (12) month probati n ry p riod in new position. After co~l tion of six (6) month in th n w position, the Chief at his d acretion y r co nd perman nt at tu to the ppolnting uthority. Should the appointing authority pprov p r n nL a t.1tus for th mployee t the xpiration of th prob tion ry period, the ei!1Ploy hall be con idered to hav nent etatua. 8 . nt mploy covered by thie Co ntract upon b ing promot d th Car r S rvic Syat m ah 11 have probation ry atatua ny poeition to which he w a promoted, but shall r tain in hi pr vious lassi!ication nd may voluntarily tr f r vi o po ition at any ti , or b retur d to th t p ition by uthority during th probation ry p riod • , I • - ( • • .. • ARTlCLE XIII. ANNUAL LEAVE A. Employees covered by th is Contract shall accumulate annual leave mo nthly at the following rates. Length Hours Hours of Service per Month per Ye a r 0-4 8 96 5-9 10 120 10 and abov 13.33 160 Annual leave shall not be granted to any employee until after comp leti~n of twelve (12) months consec utive service with the City unless otherwise authodz.:d by the Chief. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excluding authorized paid leave. B. The maximum accumulation of annual leave s hall be as follows: Lcn&th 0-4 5-9 10 and of Service above Hours 192 240 320 c . Annual 1 ave shall neither be authorized nor computed for ~y purpose after t he maximum o.~ccumulatio n has been reached. TI1e schedule for use of annuoJ. leave &h 11 b determin d by the n eds of the department. Annual leave shall be taken at o tim convenient to and approved by the Police Chief. Employees hall not lose acc umulated nnual le v after th ximum has been reo.1ched if the t!mploy h s requ t d u e of nnual leav prior to maximum accumulat:Lon , nd ha b~ n d•n d us o f annual av. Annuo1 Leave P y Th rut of nnu 1 leave p y sh 11 b th employees regular straight ti~ hourly r te of p.iy for th a r gular job nd char ed on a working hour b -.i , exduding fl•)•ular day Annu 1 1 v..: r..1 11 b .111 ed only to the total houtly a unt ac umul at d olt th beg nning of th 1 av , ver11ied by tht Pollee Clll f. 1:: ploy .,. y r ive th ir nn u .1l 1 av p y no e.1rli r th.-.:1 thr.:l! ( l) Jay p1101 t <J th rt u! their nnu 1 leav •, provide\! th loye I'll k awtllt•·•l rcqu~>l to the r fift un (IS) calendar do1y 11 prio r to the tart u I th• 11 annual leo1v Work Du ring A. 1:1. I h and the tty 1 ; • re» th riod, Lh employe sh.Ul b 11 b p~id lor 11 o u ~ wor d dt th Q V rtl rate. wh 11 nut b ~h r d wi th v al ll. t! 1t.: ,,. I • -• • • ( l'..tg e l • ~li nimum Us..tge There shall be a one-week mLn1 mum on use of annual leave time, unless otherwise authorized by the Police ief. Annual Lea ve Pay Upon Separation Any employee who is separated from the service of t he City, i.e. retirement, lermination o r layoff, shall be compensated for the unused annual leave time accumula t e d at the time of separation. In the caae of voluntary separation, the employee s h all be required to give two (2) weeks no t ice to the City. How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. ARTICLE XIV. PERSONAL LEAVE Beginning January 1, 1982, all employees covered by this Contract on an eight (8) hour shi ft sh all be granted 48 personal leave hours with pay and those on a ten (10) hour shift shall be granted 50 personal l e ave hours with pay whi ch an employee is e ntitled to use for the following purposes : A . Time lost .1s a result of illness/injury t o th e ernployee or the employee's immediate fam ily. B. Attend p rsonal business. C . Leisure time. For any employee who has not used the 48 or 50 personal leave hours nding Dec•mber 3 1, of e.Jch year or any portion thereof, the City will compensate said l mp loy e for the unused time at the employee 1 s regular wage rate to be paid the fi rst pay period of J nuary of the succeeding year. Personal leave time shall not ex eed th 48 or 50 hours as de signated above nor &h all it be accumulated or carried over from on y ar to the next. P rson 1 1 ave shall be sch duled .Jnd adnunbtcrcd und r the direction of the Police ChiLf for personal but>in a and leisure tim • In the v nt of illn ss/inj ury i n which person 1 leave is requested, the employe sh 11 notify their supervisor .Jt least one (1) hour prior to th ir sch•duled reporting time. ARTICL E XV. DISABILITY -TEMPO RARY (NON JOB RELAT ED) D fini.ti on 'f rnrorucy di1111Lt 11 ty 1 ~ l •1we grnnt !.!u for non-Gu rv ice cor.nc~t t.l lnju y or i lln ss of n •mp loy c whi ch disabi:ity prev nts the r~pl c y a frum p r urmlng '1 /h r Jutic11 a d City mployc;<! • • I • • • • • • Provis ion J anuary 1, 1982 , the City agree:. o provide temp orary disability leave with p ay for emp loyees absent as a result of illness/injury at the rate of 100% of the emp loyee's regular wage up to 120 c alendar days o f disability. Tempo rary disability leave shall not be accumulative except that on January l of each year the City shall restore 100% of the number of days used by an employee during t he preceeding year up to a maximum of 60 days. Utilization A. Authorization for temporary disability l eave wi th pay shall only be g ranted after the first day of disability. B. Authorization for temporary disability shal l only be granted for the following reasons: 1. Personal illness or injury not service connected, including maternity. Sick Leave Option All sick leave acc rued by permanent employees prior to January 1, 1980 shall ves t with the employee, and may be used in the f ollowing manner: A. Af ter th 120 days as described above have b e en u&ed unless the employee is entitled f o r retirement aa a result of disabi lity . B. By c ashin in all acc rued sick leave a ccum ulated und er the prev ous plan upon nonnal or disability retirement f rom the City at the r te of o ne hours p y for each two hours of accrued sic k 1 ave or one hours pay for each four hours upon s par tion from th City. c . By cashing in accrued sick leave under the previous plan, once e ch year at th conver ion rate of four (4) hou rs sick leave for on (l) hour pay, not to exc ed a conversion of more th an 400 ho urs each year. R porting Db abilitY Th employee or memb r of the loye 's OUb hold shall notify the e~lo yee's up rvisor at lea t 30 minut prior to the employ 's chedul d r porting ti o te or ry disability leav will b granted t o an e loyee wh o fails to notify th ir supervisor pr ·or to the b ginning of the mploy •'s work schedule unles circulllbtnnculi b yond the control of th mploye e would not permit. V ri ication of Di abllHY r tjulr mcnt, Abu nt will no t b n ~e aary until s ter three r quired by th Chi f of Police. If the nt befor the three (3) d ys of di ability cos t of such phywic i n's stat ment. bility occur when an pl yee mi r pr nt th r qu atin& t ~~porary disability or wh n an aploy Ull • I • • • • • temporary disabili t y l eave f or unauthor i zed purposes. An employee who ma ke s a false claim for temporary disability leave shall be subj e ct to disciplinary action . ARTI CLE XVI . Ort-TH&-JO B I NJURY -DISABILITY A. Fo r a ny on-th e-j ob injury which causes any em p l oy ee to be absent from work as a r es ult o f such injury, the City shall pay to such employee his full wages from the f i r s t day o f his absence from work up to and including the 90th calendar day of s uch ab s ence, less whatever sums received by the employee as disability wages u nder workmen's compensation. The City reserves the right to require any employee on i nj ury or disability leave to submit to an examination(s} by City- appoi n ted ph ysician(s } at the City's expense or under the provision of workmen's compens ation or the retirement/pension provisions as provided under State Statute. B. All inj uries that occur during working hours shall be reported to the employee 's supervis or within 24 hours of the injury or before the employee leaves their de p art men t of emp l oyment unless circumstances beyond the control of the employee wo u ld no t pe rmi t. ARTICLE XV II. LIFE INSURANCE Te r m life insurance will b e provided by the City for e mplo ye es covered by this Co n t r ct of $20 ,000 for each employee. A conversion privilege upon retire- ment of 50 coverage payable by the employee will be ma de availab le by the City for s aid rctir d eruployee . ARTICLE XVIII. DENTAL INSU RAN CE Ou in the lite ot th Contr ct , the City s hall pay 100% o the premium co t for th e City Dent 1 I n sur ance Pl an o r o t her p lan which may be s l ec t d by th Ci ty a substitute for the Ci t y De ntal Pl an fo r each single and de pendent policy hold r. Employees shall as sum any pr e miu m rate inc re ase duri n g t he lit of thLa Co ntr t in xcess of $35 per mo n th. A. Th~t City gre s to continue to provide each employ ee covered by this Contr t th s.J lev 1 of d nt 1 benefits as prov d d to them as of January l, 1980, exc pt th City sh 11 1 prov s id b nefits according t o industry nclards ach y •,u: nu for the duration of this Contr t. B. 1\JlY ui..putt.! •onct.!rning the i terpretation of o1pplication of benefits under th 0 ntdl Pl n sh 11 b subject to the dispute re olution procedure only. (l 1 expr a ly underet od th t this Article i l non-gri vable item under this Contr ct.) b tter uno ntan di n of th Ci ty's procedur concerning th i nterpr t<~tio n and a pp l ication insuran program, t h foll ow ing pro dures wh ru n 11ploy f • 1a th t th r h al th n pro ued or p d in a n n r consu tent .----~--------~------------~ • I • • • • l. lf an emp l oyee f e els that his/het· h ealt h o r dental claim has b e en i n co r re c tly pai d o r denied, the employee sha ll f irs t contact and inform the Ci t y 's Be n efi t Co o rdinator in the Employ ee Re l a tions De partme nt a t City Ha ll. 2 . I f the disputed claim can not be resolved by the Benefits Coordinator, the c laim will be resubmitted to the insurance administrator for futher r e v i e-.1 a nd c ons i deration. 3. If the c l aim c an not be resolved to the sat i s facti on o f th e enqJ loyee by t h e insu r a nc e administrator, the claim wi ll be forwarded with all p ert i ne n t in f o rma t i on to the City's insurance consultant for further r eview and inves ti g atio n and who shalt attempt to resolve the dispute through info rmat i on and mediation. 4 . Th e written decision of City's insurance consultant concerning claim disp utes involving out-of-pocket expenses to the employee of $50 or less shall b e final. Claim disputes involving out-of-pocket expenses to the emp loy ee of more than $50 unless resolved by City's insurance consultant to the s atisfaction of the employee shall be forwarded to the Colorado Fo und a t i on f o r Me di c al Care for a complete review of the p e rtinent fact s giv ing r ise t o t h e d is pute and shall submit to the City a written dec i s ion which sha l l b e fi nal. The c ost for employing the Colorado Fo undat i on f or Medica l Care sha ll be paid for by the City. ARTI CLE XIX . HEALTH INS URANC E -EMPLOYEE/N.ETIREES A. During th .e l if e o f thi s Contract, the City bh a ll pay 100 ~ oi th e p r e mium c o st for the Ci t y H~a lth Insuranc e Plan o r othe r p lan which may be elec ted b y t h e City a s a substi tute f or the City Health Plan fo r eac h bingle a nd de p e nde nt p o l icy h o lder . Emp l o yee s sha l l a ss ume any p remium r ate i n c re ase dun n g the li f e o( th i s Agreeme nt i n exc ess of $150 pe r month. B. Th e City agrees to contin ue t o pro vid t o e a ch emp loyee covered b y t h s Ag r eem •1 1t t he s ame l e v e l of h al th b ene fits a s pro v ided to them a s of Janua ry l, 1 SO e x cep t the ity shall imp r o v e said ben efi ts according to i n d ustry standards each yea r a n d f o r t h e duratio n of t his Ag r eement. C. Any di pute con ce rning the interpre t ation or applicatlon of b e nefi t s p ro v ul.eu uml_.r the Ilea 1 t h I n &u rance Plan shall be 11ul.l j e c t to the u is put~ r ca;olution proc;;,dure only. {It 1 exp r essly understood that thi s Artic l i11 a n o n-g1·ievable 1tem und r til! a; A recmcn t.) U. 1\ctLre .,. prior to J a n uary 1 , 1980 will be prov id d h eulth insurance cov r g by the City on non-p rti c ipat ing bas i s . The cov r g will coordin with Medicaid a n <l Hcd1 at \ol h .!r ·v r ppl.i.c a b le . Futu r e r etirees "'ill b u rant ed conversion privil • • to t he He l t h ln a urance P l an ava ilab l thro ugh the City. 111 t,;ity will pay 50% of t h os t o f c overage of t h onversion pl an u p to a m . irnum of $50 ()<!\" nth . t::. In nr<l<•r re alvin• en~luyce the City' h t alth b ull.llotcJ in thl.l& · 1 11 t den t al insur.1n.: c1 i h Wllh lllo.; l:it 1 uml csta.odin o th i t y '~» p r o •dur!l o r th • nte rpro.:t at i o n 111 a pp li ot1 n of p r ogr m, th e t ol l o wing p roc edures h ll mploy e ! ula t h ..lt thdr h llh o r a d 0 1 p id in a nnu r c on& li t c nt • I • • • • • l. lf d ll t!mployee feels that Lis /her health or dental cld1m has bt<en 1 ncorrect ly paid or denied, the employee shall firs t contact and inform Lht< City 's Beuefit Coordi nator in the Employee Relations Department aL City Hall. 2 . If the dispute d claim c an not be resolved by the Benefits Coordinator, the claim will be resubmitted to the insurance administrator for further review and consideration . ) • I ( the claim can not be resolved to the satisfaction of the employee by the ins ur ance admlnis trator, the claim will be forwarded with all pe rtinent i n formation to the City's insurance consultant for f urther re- view and investigation and wh o shall attempt to resolve the d is pute through information and mediation. 4. The writ ten decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to th e employee o f $50 or less shall be fi nal. 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 o f the pertinent facts givi ng rise to the disp ute and shall submit to the City a written decision which shall be fi nal. The cost for employing the Co lorado Foundation for Medical Ca r e s hall be paid for by the City. ARTI CLE XX . MILITARY L~VE A. Any permanent or probationary employee who enlists or is ~nducted into the military , naval, dir or othe r armed services of the Unite d States in time of war s hall be e ntitled to a leave of absence without pay for the duration of such war o r until honorably discharged, whi chever occur s firs t, and for one (1) year tht<te..tfter. B. Any employee who shall be .a memb er of th National Guard or any other component of the military forces of the State, now or here after organized or con stitutt!d under t he St.Jte or federal law, or who shall be a member of the reserve fo r ces of the United States, now or hereafter organized or constituted UPder federal 1 w, shall b entitled to 1 ave of absence from his e mployment without loss of pay, !:Pni ori tv , t<~tw., eft 1 Liuncy ratin~;, v..t c ..ttion, sick lt!ave or other bcnefi tb for 11 thll llm wht:n he i:. eng g.,J with such organization o r componllnt in training or ..tl t ve .,t•rvicc orJer.,J or authoriz d by prop r authority pur&uant to law, whet her tor St ttl 01 lt!Jer..tl vu•vu~ s, b ut n o t exceed ~ng fifteen (15) days in any calendar y ... , • Su c h l ~.;.JV <>ia.Jll b • ..tllowed in c as e the required mi litary se rvice is ~:.aU t;! ctutlly pcrluru · , whi h shall b • pr swned unlesli the con tr.!ry is established. l '. Su~.:h leave sh.1U not be allow d unless the mployee rtlturns to his public po~:onion lmm di.Jt ly upun b •i ng rulicved from such military scr vic and not later th n tht: x i ..tlion ul thll ti h rein limited for such leav , unl as he is pr v nt d t tom 110 returning by phytoic.!l or mcntal disability or othe r aus not Ju• to hili o n t ult or i c quired by prop r uthoritieli to continue in such mllit.Jry lrvl<L b yund th" llme hur•in limit d for such lev. D. Su~j ~.;t tu provi io A, H, and C ..tbov , th City &hall prov~J Lll .In 111pluy ·rant,•d military l•o1v•, l 11a wh tevur wagl!l> th •mploy r l v ••d lw th • ntilitaty for buch s rvi • full pay y h v I • • - • • • • !'.q:;c lL AR1 I CLE XXI . FUNERAL LEAVE The ..tp poi nting a uth o rity shall grant leave with pay to an employee to at tend the funeral of a member of the employee's family. The number of days granted shall b e goven1ed by the circumstances of the case, but in no event shall they e xc~e d seve n (7) cale ndar days. For the purposes of this section, "employee's family " sh a l l mean the employee's spouse, or the children, grandchildren, parents, grandparents , brothe r s a nd sisters of the employee or of the employee'H spouse. ARTIC LE XXII . J URY DU TY Leave may be granted Lo an employee for serving on jury duty. He shall be entitled to t he differen ce b e tween his regular compensation and the fees received fo r jury duty. ARTICLE XXI I I. HOLI DAYS Em ploy ees cov ered by t h is Contract shall b scheduled f or ninety (90) ho u rs off with pay at t he discretion of the Police Chief or his designee. Scheduling will be depe nde nt on manpower needs and the Chief, with the approval of the City Manage r, may p ay the employee in lieu of the time off. If ..tfter the employee h as begun their holiday and the City r e quires the e mp loyee t o work du r ing the scheduled holiday period, the employee shall be c o mpe n sated as follows: A. 1hc employee shall be p a id f or all ho u rs worked at t he overtime race. B . Th employee shall not be charged with h oli d ay time fo r th e number of hours worked. ARTICLE XXIV. U. IFORH CLEANI AL LO AN CE A . The City bh<l ll 1 urnish , or bea r t he cost of Wliforms , i n cl udi ng l ea ther gear, insigni s, shoe~> and c lothing , req u ir d while on duty, and shal l pay a ll costs of 111.1int nan c , repair nd cleaning the r eof. All emplo yees sign ed to the non-un i orm divis1on for a p riod of thirty (30) days or more and n ot required to b • in uniform during work, t>hall rec ive a monthly clothing llowance of $40 . Th City '>h<lll provide th • nece!.sary cleaning. The crop loye hall b r sponsibl for 11 lo!.t or tolen items identified above or d gc to lo am as a rt.!»ull of n l.'g ligl'n<:c or delib r te act. B. l'h City will r imburs ..10 employ e 50% of th cost for the p u rchas o f a bulli!L pt·oof v lilt (fl ck j<lckot) up to xlm of $75.00. R.e i lllburseme nt shall only be n~d· once v~~Y five (5) y~~rb .1nd th emp l oyee must r tain pos css i on of th jdckoet durin the fiv (5) yeor period. fd{TI ( 1.1 : i. LFAVLS Ill AllSI::' L (WlniOUT PAY) I'~ tm. •• nt: mp uy • I..OV\!rec.l by Lhil Contr L y b • r nl cJ ubs 'Ill' Wlthvut p ay tor r vn11 of c.lu t i on which i:J 111 d to th • l • v of dul icv of I • • • • • • l'.cq;e: I 3 th e Ci ty, settlemen t of an estate, chi ld cu t e , serious illnes s of a member of the employee 's family , but shall not be us e d for the purpose of obtaining emploY'uent else ... •hcre . Leave with out pay shall not exceed six (6) months of any year but may be ex t e nded upon request for an additional six months. The total leave time shall not exceed one year. Upon ret~rn from approved leave, the employee will be restored 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 t o accrue service credit , or be eligible for any City benefits. Applica t ion for Leave A request for a leave of absence without p a y shall be submitted in writing by the employee to the Police Chief. The request shall indicate the reason the leave of absence is be ing requested and the approximate length of leave time requested. Conside ration of Leave Request The Poli ce Chief may grant or deny leave requests, tak ing into consideration the department's work fo rce, work load and the emp l oyee's r eq uest. Failu re to Re turn If an e mployee fails to return by the date of leave expirati on, the employee shall be considered to have voluntarily resigned from the service of the City, unless the appointing au thority determines that unusual circumstances exist. ARTICLE XXVI. GRIEVANCE PROCEDURE A grievance is defined as an alleged violation of a specific provision of this Contract. The emp loyee and the Avsociatio s h all be required to follow the p rocedure as set o ut below. If the employee/Association is unable to settl e the gr iev 3~ce or di~pute orally and informally through his/her illllllcdiate supervisor with in five (5) work days of th date of th occurrence of th grievance, or th employee's knowledge of it, the employee may within the succeeding fiv (5) work day file a written gri vance with his/her s upervisor. Th upervi or s hall attempt to adjut>t th m tter and &h 11 r t>pond in writin to the employ within five (5) work days. If the ,:ricv un~:tJ :.till remains unudju&ted, it &hull be pruscntcd by th mployee to th Polh • Chief in wrilinc within fiv (5) wo rk day following receipt of th upcrv1. or 's response. TI1e Po lic Ch ef shall re pond in writing wl thln five (5) work duys. rc lhl..' );ricvu..tLI..' still ren1 in.; un djubt d, it 11h 11 be pre&l.lllt d by th e employ<: t•> Lh._ CJ ty M<1nag •r iro wnt ing within fiv (5) wvtk d y• foJ.lowing r <'tJi.pt o rh PoUr Chi ('a r pon Th Ci.ty Han er o r hia/h r deaignated rl..'pt· s ntut v • hall n .. pc•nJ in wntln11 within t n (10) work y • • I • • • • • - lJ t ile grievanc e ls still unsettled, th e employee within ten ( 10) work day s af t e r the re ply 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 Se rvi ce Board or its designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and a r gume nt. Each party shall be responsible for compensation to its own repre- s e ntatives and witnesses . If either party desires a verbatim record of the p r oceedin g s, it may c ause such a record to be made, provided it pays for the re c ord and makes c ~pies available without charge to the other party and to the C ar~e r Service Board or its designated hearing officer. Failure by an employee o r th e Association to comply with any time limi t ation shall constitute a settle- me nt of the grievance . Should the employer not respond w1 thin the prescribe d time, the grievance will automatically proceed to the next step. Authority o f Ca r eer Service Board The Career Service Board or its designated officer shall have no power to add to or subtract from o r change the terms of this Contract. The written decision of t he Board or its designa ted hearing officer shall be final and binding upon the parties. The Board or its designated hearing officer shall limit its decis ion s tri c tly t o the grie vance submit ted which has been properly processed through the grievance pro c edure outlined . Processing Grievance During Working Hours Griev an ces may b ~ investigated and processed by the employee durin wo rki ng hou r s wi th i n r e as o n ab le tim limits wi thout loss of pay p rovided notice is given a nd the wo rk l o ad pe rm it • Alfl lCLE XXVll. UUL!i ULUUC 'li O. A. The City ag r ee~ t o d e duc t t he Association dues onct! eac h month from th e pay o f those emp l oyees wh o individually request in writing that such deductions be oudt., subject to t he g .. r n !bhment laws of the State o f Colorado. Ute amounts to be deducted shal l b• cer tifi d t o the City Finance Director by the Treasurer ol the sociation , ..1nd t h aggregate deductions of all employeeb shall be r •mi Lt<>d together w 1th ..In i t emize d 1> t a tcment to the Trea urer by th e 15th of the su<.cecd1ng nth, d il t uch d e du cti on~> are made. The authori z o~ll.on hall be r(,vol-. bl• during h tenn o the Cl.l ntract , up n ..1 thirty (30) day written notice by th ployc to th City Hnan e Di r e c tor. U . U •duc l1 on t1 h.1U. b e md de tr1.1 m unl y o n payouenl of wa~;c :; each uoonth, cXCPp t th t if no wageb .Ire p aid an uthoriz d employee on the 1 t payday of u gi v n n t h , deduction to r t h at month will b de from any w gea whi ch may u • puid to hi m/h e r o n t h n e xt au cc ding final nthly City payday. It ia expr ~sly u n d r btood t ha t the City aaumes no liability and shall not be liable for th • c ollec tio n o r paym nt to th As &oci tion of any dues during any time th t an mploy •c i s not ac tu a lly working for the City nd actually on the payroll of til~ C 1ty. In Lh!! t Vl'nt of err o r on th c h koff l1bt, thu City will not b rt!s~JI.lnllll•l tu k adjubl nt , until not i i d by th Tr ur r o th Ali ociat1on • • I • - • • • • l'.tgt 1:, C. TI1e Associ ation shall indemnify and hold the City hannless against any .uHJ all claims, suits, o rders, or judgments brought or issued against th e City as a result of any action taken o r not taken by the City under the provision of this Article . D . Chan ges in the due s amount to be deducted shall be lind ted to tvo (2) changes each ye ar, and provide d a thirty (30) day written notice is provided th e Ci y Finance Director. E. Sh ould the change in the deduction amount or method require a c omputer programming change, the Association shall be responsible for that cost of such change or changes , at $30 per hour with a four (4) hours maximum. Payme nt from the Association shall be made to the City Finance Director within ten (10) days of r ecei pt of billing. ARTICLE XXVIII. ASSOCIATION ACTIVITIES The Ci t y agrees that during working hours on the City premises and without loss of pay, As socia tion representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during employee 's non-work time; and represent employees on grievances. ARTICLE XXIX. RULES AND REGULATIONS Except as limited by the express terms of this Contract. the City retains the ri ht to promulgate r a onable rules. regulations. policies. procedures and directives . Said rules, regulations, policies, and procedures and directives whi ch are an alleged v iolation of this Co ntract shall b subject to the grievance procedure . ARTICLE XXX. Tht: hall no I> S id merit upon r co upon writ l n m rit incH ARl ICl.h XX.Xl. HI:.RI T 1 C REASES pruvided for Police Officer 4th Class through lst Class uto~ tic, but r th r based upon meritorious serv ice. b gr t d or d nied to any individual Police Officer Police Oli f nd with th upprov 1 of the C ty Manager h individual Poli Offio r. The date in whlch the h 11 d t rmin th n • rit nniv r ary date. DUTY TO TI:.SllfY • I . - • • • • snl,poe naed as a witn ess in private litigation t o testify , not in his official < a;),\l i l y but as an individ ual, the timt: absent by reasons thereo f shall be taken '" .l lltl uJl lea ve or leave without pay . AR ICLE XXXII . ACTING PAY A. All acting positions will be compensated at 100% of the pay for the positi on i n which he is a cti ng as approved by the Chief of Police. The employee must be i n the position for a period of thirty (30) consecutive calendar days before said employee be comes eligible for acting position compensation. Such pay will be r e troac t i v e to the first day of said employee assumes the responsi- bilities of the po~ition . ARTICLE XXXIII. BASE SALARY For the purpose of determining an employees base wage, the em ployees regular s traight time wage rate and longevity shall be used, excluding all other forms of e mployee compensation . (The above provision shall be used only for the purpose of determining pension benefits under the City and State pension plan.) ART ICLE XXXIV . RETIREMENT BENEFI TS Retirement benefits shall be provided for as stipu lated under State Statute. In addition , the City shall c ontinue to pro vide the same level of benefits as provided for in the Englewood Municipal Code . Employee contribu t ions will not be increased above the 5% to employees hi r ed prior to April 8, 19 78 and 8% for employe es hired after April 8 , 1978 contribution level unless required by State Statute. ARTICLE XXXV. TUITION REFUND Upon recomm ndatLon of th Police Olief and after prior approval of the City ~tanager, the City of Englewood shall reimburse a permanent, full-time police officer upon su~ce&&ful completion of an approved cour& or cour es in education or vocational tr.linlng. The course o r tr inin& IDUi>t b related to the work nd be dcbibncd t o impro v comp t nee in the job, and be of value to the poli~ officer 's acrvJ..cc to thu C1 ty. This shall includ 11 tuition, nd required texts. AR llCLE XXXVI. lDD G PROCEDURES FOR HOLID AYS, VACATIONS AND SHIFT ASSIGNMENT A. S •nioo t y .lppli .1b e to the lillniorl ty bid process will b del rmincd in .!~cord nc with th tot 1 1 ngt.h of continuoua e111ploy nt s.s a Poli e6t Offieo!r w t h th City of En lc~o~oo . Prio\7 City employment il\ olhl\r than .1 l'olicc Off!c.cr cap adty will not u;•ply tw.srd bll•l vri~>· Probation ry u •np ... oy.:l.ll w.t ll .. CJt bu Lll ·lmJ<•d lll lh IJiJ jJlUC...,bl;, nul r •. nioa i ty wi ll bu do:l l"'llin d by th ir 1 bt promotion d t and Po lie Of ic r. ly th ti a S rg ant llin hia 1110 t ppli d to rd niority for bid proc dura. • I • - • • • • l'.q:• · I 7 Giduin :c; lo r \~a lch es and Da ys Off H. The sen io r i t y b id system will be applicable to personne l assi g ned to the un iformed pa tro l d i vision only and will notbeauthorized in any o t he r dJvision. The uniformed patrol division commander will develop and po st a sche d ule p r ior t o eac h yea r fo r a six-month period starting November 1 and ending Ap r1 l 30 . The un ifo r me d patrol division commander will develop and post a ~:cond c hedul prio r to May 1 each year for a six-month period starting Ma y and ending Oc tober 3 1 . The pa tro l men in t he uniformed divi s ion will bid tw ice a ye a r . Ea c h bid p r oc ess will consi s t of two (2) three (3) month interval s. The f irst bid each year will be fo r Nov e mb e r 1 through January 31 and February 1 through April 30. The second bid each year will be for May 1 through August 31 and August 1 thro u g h Oc t ober 3 1. The r e will b e t e n biddable positions on each watch. The bidding process will begin wi th the mos t senior police officer bidding the position of his choice. In t be des c e nd i ng order of seniority each remaining officer wi ll have a cho i c e o f the remai n ing b iddable positions . All specialized posi t i ons such as motorcycle off i c er, , crime prevention of f i c er, mounted pa trol officer , e t c. will not be open to bid. The specialized assignments along wi t h any no b id positions on a watch will be in addition to the t e n biddable pos i tion s o n e a ch wat ch. Officers may request n on-biddable positions and a n a ttemp t will be made t o acc ommodate them, but such positio ns wi ll be assigned at t h e discret ion of the patro l division c omma nder . 1 r an o ffi c er f .:~ils to s ub mi t their bid in a ccordance with t he b 11l d 1.n g p r ocedure th y will relinquish t he i r o p pontunity to bid by seniority and will be assigned at the disc retion of the patrol division c omman d er. l'he ser~;o:ant:. in t he patrol division will bid by seniorit y in lhe followi ng mann r: Th ere w 11 be one-bi ddabl po i tion on each watch established by t he pat r ol u~v b.a.o n coound nder. 'l he se r g eants in the patrol d vi ~o ion will bid tho: remai ning biddable positi on f r om the mos t senior serg ant on down . Sergeants m y r e ques t non-tJidd a ble po:.itions a nd n attemp t will be made to acc ommodate them, but such po~oit i o n s will be ign d a t th discretion of the p trol d ivision comma nd r . Sc r g~: will tollow the :.ame bid schedule process as patr ol officers. The n t s wi ll b i d t wo (2) thr e (3) month wa tch s a t t i me. Sergeants wi l l llow d t o bid lh s m hift more th n tw o times in a r ow. uCticcrs n t b~r g a nt s ds sign d to other d iv isions and who are r esss.a.g ned t o t h r trol dlvi~lon wi ll o u py the po ition v c ated by th p r s on they re r •pl, dng. lf other p0 ·Hio n ~ .1r vail bl , they way rt!q uee;t at.~>ignm nc to • urh pn 1 tl on, hut may only b as igned at th dill e r t i o n of th p tr l d v &ion Lou•udtulct. llw • pc r ~oum •1 wi ll t hen be allowed th •J.r wc niority f or bi d at th~ n~xt bid procc Ill • I • • • • • • l'"l'.(' 1.1 lt i s further understood that a schedule change for unforeseen emergency c ir cuii,,;L nces arise, office r s and sergeants may be assigned by the patrol division conunande r from one shif t to the other to handle whatever emergency situation exists du ring the d uration of the emergency. The officers or sergeants in descending order of seniority will be asked if they want the assignment change from their assigned wat ch during the duration of the emergency. If it is necessary to assign officers or sergeants after this procedure has been done the least senior officer on the watch will be selected first to change assign- ments by the patrol divis ion commander. This process will continue until the division co nunander has met the needs of the emergency situation . C. Bidding for Vac at ions and Holidays Vacations will b e bid by seniority. Vacations will be bid by seniority only one time during the year November 1 through October 31. An officer or sergeant will bid for vacation according to the bidding schedule. He will be able to bid during the first six (6) month bid process Novembe r th r ough April 30 or the second six (6) month bid process May 1 through Octobe r 31 . Vacations other than his seniority bid vacation will be on fi r st- req u ested basis. All vacation reques ts will be signed and dated by the receiving s upervisor on the date of receipt. Any vacation requested after the bid process closes will be on a first-reques ted basis. Vacations are expected to be scheduled in good faith by each employee and sh 11 specify the exact dates desired. In the uni formed patrol division not more than four officers or one sergean t per watch will be scheduled for vac ation or holiday leave at th same time, unless app roved by the patrol division commander. Not mor t han t wo officers or one se rge n t within other divisions wi ll be schedul d for vacation at any one time unless approv d by th ir division command r . Vacations within the investigations and administration divisions will be sch duled by their division commander according to s niority. Holidays wi ll be bid after all va ations h ve be n bid by benior~ty w~th vac tion t king pr c d nt over holid ys. The bid time fo r holid ys is the same as vac tion accordLn' to bid sch dul xc pt that ny holiday~ not ~chedulcd or us d by Augu t 1 of that y ar will b ssigned. Th sch Th biddin proc ss for v ca t ion so holiday at a tim t. 1 doy w taken as A 1 I .LC XVll • Ll::Trl::R 01' ARNl G ll It 1 mploy 11~<1 r> loy d that copy o any 1 tt r of r pri and whi ch rsonn l fil will b furnished th affact d a plac d with n loye • Lh right to r •pond in w r~t ng to th 1 tt r C r rrimund which r sh 11 also be pl c d in th mploy '• p raonnal !11 , I • • • • • • l'he emp loyee also r etains the right to request an administrative r eview of lhe lette r of reprimand . The Chief of Police shall deve lop this admini:>trat i ve review procedure which shall at a minimum consist of a board with equal repre- sentation of command staff and Association members. This board shall be advisory to the Ch ief of Poli ce , and its findings shall be placed in the employee's personnel file. This Article shall not be grievable under this Contract. AKllCLE XXXV III . E XCLUSIVENESS OF AGREaiENT The Ci ty and the Association agree that the term and provisions here in contained cons titute the entire Agreement between the parties and supercede all p revious communications, 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 itema 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 the~ respective ![:presentative&, and their signatures place th ereon , on this ~day of .l/~ , 1981 at Englewood, Colorado. # J . D..e ( .J t I • • -• • • ADDE NDUM TO THE 198(}-1981 CONTRAC T BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION TI1is Ad dendum to the 1980-1981 Contract entered into by the authorized City rep r e sentati ves and the Englewood Police Benefit Association shall be a mutual requ e s t o f the above-named parties that the Englewood City Council modi f y the c urrent 1980-1981 collective bargaining contract to reflect that effective July 1, 19 81 a ten (10) percent wage differential be established between the classes of Police Officer and a rwenty (20) percent wage differential between the position of Po li c e Officer First (1st) Class and the rank of Sergeant. In addition, a six (6) p ercent wage adj ustment will be added to the pos i tion of Police Of fi cer First (1st) Cl as s and t he wage differential described above will be applied. As a res ulL of t h~s u nderstanding and agreement, t he fol low i n g s alary sche dule will b e e stablished. 7/1/81 (Includin G a 6 X wa ge adjustiDQnt Present 6. d1 f f e r e nt ial Pohce Of fi cer 4th lass $1,333 s 1, 359 P<>li c Offi c e r 3rd Cl as s 1 ,482 1 ,49 .5 Po li c Off i ce r 2nd Clas s 1,60.5 1,64 4 Police Of f i c e r l s t Cl ass 1, 706 1,808 s.,rseant 2,03.5 2,1 70 The p rLies re!>pe tfully request this modification and by t he .!tr r e spective r p r es enta t ives have placed their sig natures thereon, on this .l.2!!!: day of July , 1981 aL £n lewood , Co l o r do. CITY OF E GU:WOO D ENG LEW ASSOCIATlO ~~ (I I 1 /1 / / !'?tp _. / .cj. .. ~ /!--. . , ((: &./ ~2~-f • I . • ORDINANCE NO. ~s SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A COLLECTIVE BARGAIN ING AGREEMENT BY AND BETWEEN THE CI TY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLI CE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31, 1983, APPROVING AN ADDENDUM TO THE 1980-8 1 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLIC E BENEFIT ASSOCIATION. WHEREAS, a tenative agreement dated July 13, 1981 by and betwee n he Ci ty of Englewood and the Englewood Police Benef i t Association has bee n executed by representatives of each of said parties and Adde ndum to the 1980-1981 Contract Between the City of Englewood and the Englewood Police Benefit Association dated July 13 , 1981 has also been executed by r epre sentatives of each of said parties; and WHEREAS, said tenative agreement wa s duly ratified by a ma jori y of the me mbers of the Englewood Police Benefit Associ tion and said Addendum was duly rat ified by a majority of the members of the Englewood Police B ncf1 Associ ation; and WHEREAS, Sec 1on 5 -10-lO(c), as am nded, requires that the tenta 1ve agreem n and addendum be approv by Ordin ance duly passed by Ci y Counc1l. NO\-J, THEREFORE, BE IT ORDAIN ED BY THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO : he en ative agreement ated July 13, 1981 an ad endeum July 13, 1981 by and b ween he City of Engl wood , Color do, and Englewood Polic Benefit Association, eff ctivc J~nu ry 1, 1982 hrough D cemb r 31, 1983, a copy of wh1ch 15 t he h r o and m d a par h reof, b nd he sam 1s h r by d . C1 y of Englewood is hereby the collective bargaining n Ci y of Engl wood nd Associ ion da d July 13, 1981, and x offic1o C1 y Cl rk-Tr sur r, shall th City of Engl wood nd ion dd d July 13, 1981 I • - • • • • The agreement between the City of Englewood and the Englewood Police Benefit Association consists of 19 typewritten pages and is titled "Contract Between The City Of Englewood And The Englewood Police Benefit Association." Duration of the Agreement is from January 1, 1982 to and including December 31, 1983. The Agreement recognizes the Englewood Police Benefit Association and defines those employees included and excluded therefrom. Employee rights are defined, hours of work, lay-off procedure , overtime wor k, callback procedures, standby time, probat i on ary period, personal leave provisions, disability/temporary procedure is established, on-the-job injury/disability procedure is established, leave of absence procedure, grievance procedure, due s deduction, association activity, authority of City to establish rules and regulations, merit increases, responsibility to testify , acting pay, base salary, retirement benefits, tuition refund, bidding p rocedure for holidays, vacation and shift assignment, letter of warning, and the exclusive of agreement protection is provided for in the Agreement. Longevity compensation, p romotion, annual leave, personal leave, life insur- ance, dental insurance , health insuran e, and holidays are provided for in the Agreement. Compensation is provided for at the rate of 10% effective January 1, 1982. The provision for 8% in 1983 is p~ovided for; howe ver, if necessary, a wa ge adj ustment in the excess of 8% shall be made for 1983 based upon a wage survey of certain municipalities and th increase of wages in said communities. The foregoing is only surnm ry of said Ag~e ment and does no intend to interpr t , replace or subs i u e for the provisions in the Agree- ment, said Agreemen b ing adop d in full by this Ordinance. Section 4. Th th Mayor of the City of Englewood is hereby uthor~zed and directed to x cu e n ddendum to the 1980-1981 contract betwe n he City of Englewcod and he Englewood Polic Benefi Association dated the 13th day of July , 1981 and the Director of Finance, ex off1cio City Clerk-Treasurer, shall attest the same. incre going s id Th t In roduc d, ra in full, and p as d on 3rd •Y o Au us , }qAl. -2- n 1· ding on h I • - • • • • Published as a Bill for an Ordina nc on h 5 h day of Aug ust, 1981. Read by title and passed on final r ea d ing on the 17 h day of August, 1981. Published by title as Ordinance No.~. Series of 1981, on the 19th day of August , 1981. Euge n e L. Ot1s , Mayo r Attest: 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. ~ , Serie s of 1981. Gary R. H1gbee -3- • I • • • • CONTRACT BCTWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT AS S CIATI ON This Contract entered into by the City of Englewood, Colorado and the Englewood Police Benefit Association has as ita 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. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restric t, limit or impair the rights, powe rs and authority of the City aa granted to it by constitutional provision, statute, ordinance, charter or special act, th e exclusive power, duty and rights to; A. Determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effec tiveness of City ope rations. C. To determine the services to be rendered, the ope rat ions to be performed, the technology to be utilized, or t he matters to be budgeted. D. To d termine the overall methods, processes, me ans, job classifica- tions or personnel by which City operations ar to be conducted. c. To dir ct, supervise , hire, promote, tran&fer, assign , schedule , retain or lay-off employees. F. To usp nd, discipline, discharge , and demot for cause, all full- tim per nen t c! sifi d employee • G. To r lieve employe from duti a because of lack of work or funds, or und r cundition wh r th City detenaJ.n a conti nued work would b in ffici nt or nonprodu tiv H. 1o t e wh te er th r a tioru. y b n c 1o1o ry to c.lrry out the wi h of th public not oth rwis sp cified h r in or limit d by a coll ctiv barg 1n na &r nt. I. T t 11 c ~ s of J. t on to carry out th mia ion of the City in • frora conferring a to eft ctuat or I • • • • • - ARTICLE I. DURATION OF AGREEMENT A. This Contract shall take effect on January 1, 1982 and shall continue in force to and including December 31, 1983. 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 sho uld be held invalid by operation of law or the District Court, or if complia nce with or enforcement of any article or sec tion should be restrained by such District Court, the remainde r o f 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 o r case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity t o make demands and proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties afte r th is exercise of t hat right and opportunity are s e t forth in this Contract. All benefits agreed to in previous Memorandums of Understanding and not addressed in this Co ntract will continue. ARTICLE II. RECOGNITION The City r ecognizes the Englewood Police Benefi t organi zation ce rtified by the Career Service Board of the exclusive representative for the Police empl oyees bargaining unit: Association as the employe t City of Englewood as ithin th e following Included: All full-time, classified employees of the City Police Department. Exclud d: All other who may b.: determined by th Career Servic prior to or during th • life of thi Contract provided und r th Chaner. ARTICLE III. EMPLOYEE RIGHTS Bo rd City A full-ti cl s&ifi d •mploye who is not a confidential employ , a man gerial mploy , or ,.upervisor shall have the ri ht: A. To form, join , 1upport or p rticipat jo1ning, supporting , or participatin in 1 w ul tivltl ; and in, or to refr in fro111 forming, ny mployee organization or itl 8. B r din co llectiv ly through th ir c rti i d employ r pr ntativ • • I • • • • • ,. • C. No employee shall be interferred with, re strained , coerced or discrimi nated against because of the exercis e of these rights nor shall the right of an individual employee to discuss employment concerns with the Ci t y be infringed upon. ARTICLE IV. HOURS OF WORK Th e Police Department shall observe office and wo rking hours necessary for the effi ci ent transaction of their respective servic es. Such have been determined for emergency em ployees as follows: A. All employees covered by this Contract shall be scheduled 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 Chi ef with approval of the City Manager. Lunch and other breaks will be scheduled at th e discretion of the Police Chief during the work schedule. ARTICLE V. LAYOFF Whenever there is lack of work, lack of funds, or un der conditions where the City determines cont inue d work would be ineffici ent or nonproductive, the appointing authority shall designate the positions i n which the layoff is to be made. Employ es on layoff shall be re called in the order of relative length of service. Those recalled must have the demonstrated abili t y and same qualifi- cations to perform the available work as determined by the City, Any employee in a higher rank if laid off may transfe r to his previo us lower rank provided the employee had permanent status in the lower rank. Any employee so transfe rred shall h v the fint right of refusal to the former higher lev 1 positi on th at the employee had h ld. The recall list shall terminal aft r eighteen (18) month . ARTICL E VI. OVERTIME WORK A. ~or all mp loy · 11 cover d by thlS p r for d ov r nd hove th assigned work Over tim sh ll not be computed nor compen d cru d tlvc rtiml!. Seq~ ants sh all rec ive dmini tr tive meeting!~ wh n r quir d by a Contract sch dul tion pay overtillX! uperior exce pt S rg ants, dut~ a 11h.tll b consid reo overt! a llo tt d on previously only for court , staff no and ssign d training. B. All p rsonn l, as d in d in this Article, hall b compens ted for u v rt im• work t the rate of one and one-half (1~ times the normal pay rate. Th City ret in the right to assign ov rt qualifi d to perform the work. Ov rtime work wi ll b bas1 · fir t. If th · r quir o numb r of mploy e n overtime work can not be found, employees shall ba work such ov rtim • • work to any employ d on a voluntary to p rform th and obli ated to I • • - • • • • ARTI CLE VII . COMPEN SATION A. Effective January 1, 198 2 , employees covered by this Contract shall rece ive a te n (1 0 ) p e r c ent wage inc rease on their base wage. B. Emp loyees c overed by this Contract shall rece ive an eight (8) percent 1~age inc r e ase on their base wage effective January 1, 1983. In addi tion, i f nec essary, a wage adjustment in excess of the eight (8) p e r ce nt wage inc reas e will be made. This wage adjustme nt will be based upon a wage survey of the p osition of Police Officer 1st Class or equivalent in the following ci ti es: Aurora Arvada De nver Lake wood Li t tle t o n Northgle n Thornton Wheat Ridge The base wage fo r Poli ce Of fi cur 1st Class or equivalent in e a c h o f th e above ci t ies as of January 1, 1982 and January 1, 19 83 will be d e termined. The p e r centage i n c r ease between J anua ry 1, 1982 and Jan uary 1, 1983 wi ll then be compu ted fo r eac h City. Th ese percentage increases will then be added together and divld d by e ight (8), r es u l ting in the averag i nc r e a s e for a l l of the above. If this average increas e xc eeds eight (8) percent, the amount i n excess of eight (8) percent s ha ll b added t o the 1983 base wage. If t h e average increase is eight (8) p rcent or leas , no adjustment over the eight (8) p r cent base wage "hall be made. ARTICL E VII I . CAL L BACK An mploy e on o ff-duty sta tus who is c al l ed bac t o du t y sha ll be credited with a minimum o f tw o (2) hours of pay at t he r a t of one and o ne-hal f ( 1~) tilllC s the r c u l r ho ur ly rate. Call bac k s hall inc l ud oth r duty related funct ions s uch a t atf and adm1n i a trativtt u tiu a , traini ng , v i a tol rangu, monthly qu li fic tiona , tc. ARTI< .. U: LX . SIAN Oil \ An t r 1 ht AR'Cl CLJ:: ln fo r lon with Lh ign•d co a t ndby duty shall be cr d i ced wi t h eigh t (8 ) of p y for h Cull we k o f at dby duty. LONGE VI TY <.:oMPt..! dd tlon tv n loy v i t y co111p n t l o n b C t y nd h~ll b nthly a 1 ry , the raploy ah l b upon the numbe r of y n o continuous u fro th oll owln& ach dul • • li&ibl e rvic:.e I • • • Page 5 Years of Service 0 -4 5-9 1Q-1 4 15-19 20 or: • • • Amoun t of Compensation None $12 pe r month for $144 per year,, except for those employees who h ave no t completed 6 full years of cont i nuous se rvice 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 conti nuous service up to December 1. $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 y ear, 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 c ontinuous service up to Dec ember l. $36 per month for $432 per year, except fo r those employ ees wh o have not com pleted 16 full years of continuous servi ce on Dece mb er 1 of any year, which employee shall receive $288 plus an amount equal to $12 fo r each full month of completed continuous servi ce after completion o f 15 yea rs of service up to December 1. more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous s rvice on December 1 of any year, whi ch employee shall receive $432 plus an amount eq ual to $12 fo r each full month of comple ted continuous se rvice after co mpletion of 20 year of continuous service up to Decemb er 1. ARTI CLE XI. PROIIATlONARY EMPLOYEES The probationary period for all newly appointed Poli ce employees shall not be les th n twelv (12) months from the date of hire. After completion of the probationary period , the employ e shall be eligible for permanent status. ARTICLE XII. P TlOS A. A promot d loy e o v red by this Contract shall rve a tw lvu (12) month probation ry p riod in a new position. After compl tion of six (6) month in th n w position , the Chi f t his d scr tion may r co nd perman nt status to the appointin authority. Should the ppointing authority pprov p<r n nt atat forth employe at the expiration of th probationary p riod, the employ shall be conaid red to have pur n nt atatua. 8. loye cov red by this Co ntract upon b ing promoted Car r S rvic Sys t m ah 11 ha probation ry atatua ny position to which he w a promot d, but a hall retain t tu in h a pr vioWJ classification and may voluntarily tr f r vi position at ny ti~, or b recur d to th t p ition by uthority durtna th probation ry p riod • • I • • • • . \ Tl<.LF XIIl. ANNUAL LEAVE A. Employees covered by this Contract shall accumulate annual leave mo nthly at the following rates. Leng th Hours Hours of St>rvice per Month p e r Year 0-4 8 96 .5-9 10 120 10 and above 13.33 160 Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise author1.zed by the Chief. In order to qualify for annual leave credit during the month, the e mployee must have worked for at least one-half (~) of the working days of that month excluding authorized paid leave. B. The maximum ac c umulation of annual leave s hall be as follows: Length of Service 0-4 5-9 10 and above 192 240 320 C. Annual leave shall neith e r be authori z ed no r comp uted for any p urpose a ftc r lhe maximum accumulation has been reached. Tire &chedule for use of annual leave sh U be det rmined by the needs of the d p rtment. Annual leave shall b P. t ken t a lim con v nient to nd approved by the Police Chief . Employee s shall not lose accumula ted annual leave after th maximum has been r ilched 1 f the employ has reque t d use of nnual leave prior to rqaxim um .tccumulatJ.on , and has been d nied use of annual leave. Annual Leave Pay The rate of nnual 1 ave pay shall be th employees regular straight time hourly r le of pay for the employe a regular job nd charged on a workin hour basi. , <'Xd udi n{: n ul r day11 off. Annu 1 1 vc h 11 b allowe<l only to the total houdy a unL a~l:umulat d at the beginning of th leave, v rifled by the Po lt<"l.! Chi f. Lrnploy "'" y r i v th ir nnual lea¥ pay no c rll er t h.1:a tltrct! (')) J .. y puor to th., t.tart of th ir annu 1 le ve, provid d th loy m k " .1 rltt••n rt.<iu" t to their ·ul'ervisor fift un (15) calt:nd r days prior to ltr• st rl ut tllt.<lr .Jnnual 1 v • JJ .tfter th employ employ~ tu work durin lh ~omp n at <I s follows: h a b Wl th ir annu sch dul d nnual 1 A. •th 't'loy11 &hall b P<li<l or all huu • work d oiL th "" n I li. 1hc t h > r luyc.: •h l1 W<ll"kl'<l. ut b ch rged wtlh v Ill on • . 'r 11 th sh.U l be r ttl. I • • • • • Puge 7 ~li n1mum Usage 'There shall be a one-week minimum on use of annual leave time, unless o then~lse authorized by the Police ief. Annual Leave Pav Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the un used annual l eave time accumulated at the time of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks no t ice to the City. How Charged Annual leave for employees shall be charged on a wo rking hour basis e xcluding regular days off. ARTICLE XIV. PERSONAL LEAVE Beginning January 1, 1982, all employees covered by this Contract on an eight (8) hour shift s hall be granted 48 personal leave hours with pay and those on a ten (10) hour shift shall be granted 50 personal l e ave hours with pay which an employee ill e ntitled to use for the following purposes: A. Time losl ns a result of illnestJ/injury to the employee or the employee 's in.medi ate family. B . Attend p rbonal business. C. Leisure tim . For any employ e who has not used th 48 or 50 personal leave hours ending December 3 1, of e ch year or ny portion thereof , the ity will comp nsate said mploy e (or th unused time at the employ e's regular wage rate to be pa d the first pay period of January of the succeeding year. P rsonal leave ti shall not xceed th 48 or 50 hou rs as designated above nor bh all it be accumulated or carried over from on y ar to the next. Person 1 l~av shall b cheduled nd aJminl terl!cl und •r Lhe direction of th Police Chief for personal but.iness and leisure tim. ln the ev nt of illn as/injury 1 n wl ich personal l av is r qu sted, th employ ... t.h ll notify th ir supervisor t least on (l) hour prior to th 1r sch dul d reporting tim • ARTlCLt: XV. 01 lllLlTY -TEMPO RARY (NO JOil RELAT ED) !) { ltll t ion T •1r;porury illn ss o[ ~1115 b1 BY 1 . l •II'.'' urnnt tu for non-urvice co tncct loy whi ch d1sabi:i t J p revent& th ~plcy e fro C ly loy • • • u lnjucy or per ormln& I • • • • Provision J anuary 1 , 1982, th e Ci ty agree" t o provide temp orary disab i lity l eave wi th pay for employees absent as a result o f illness/inj u ry at the rate of 100 % of the employee 's regular wage up to 120 c alendar day s of dis ability. Tempo r ary dis ab ility leave shall no t be accumu l ative except that on January 1 of each y ea r the Ci t y s hall restore 100 % of the n umber of days used by an employe e during the preceeding ye ar up to a maximum of 60 days. Utilization A. Authorization for temporary disabili ty leave wi th pay shall only be granted a fter the firs t da y of disability. B. Authori z ation for temporary disability shal l only b e granted f or the following r easons: 1. Personal illne ss o r injury not service connec ted, including maternity . Sick Leave Option All sick leave accrued by p ermane nt emp loyees p rio r t o J a nuary 1 , 1980 shall vest with the employee , and may b e used in the f oll owin g manner: A. After the 120 days as described a bove have been uaed unless the employee is entitled for r e t ireme n t a s a result of dis ability. B. By cashin in all accrued sick leave a c ulated und r the previo us plan upon normal or disability reti rement from the City at the rate of one hours pay for each t wo hours of a ccr ued sick 1 ave o r one hours pay (or each four hours upon separation f r om th City. C. By c aah~ng in accrued sick leave un d r the pr>vioua plan, once each ye r at the conv r ion rate of four (4) hou rs sick leave for one (1) hour pay, not co exceed a conversion of more th 400 ho urs each year. Reporting o Disabiliti Th IIIPloye or mb r of th IIIPloyee'a 10 aup rviaor at 1 a t 30 minut s prior to the IIIPloy o t orary disability le ve will b grant d to th lr supervisor pr1or to the b innin of th uld shall notify the employe 'a chedul d r porting ti mplo ye who (ails co notify ploy 'a work schedule unless c rcumstanc~s b yond the control o( the mploy would not permit. bility An attendln phyai i n'a state (3) daya of di ability, except wh n Chief requir s th physician's at t r quire nt, th CJ ty h 11 b ar th A bus bllity nt will no t b n dl aary until after three r quir d by th Ch f of Poll If the nt befor th three (3) d ys of disability cost of au h phyatc i n 's at t nt. o curs wh n .pl y t t~porary dia bill ty o w 1 n • I • -• • - t empora ry d1.sabili t y leave for unauthorized purposes. An employee who makes a fals~ claim for temporary disability leave shall be subject to disciplinary a Ltlon . ARTICLE XVI. ON-THE-JOB INJURY-DISABILITY A. For a ny on-the-job injury which causes any employee to be absent from wor k 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 wages under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City- appointed physician(s) at the City's expense or under the provision of workmen's comp ensation or the retirement/pension provisions as provided under State Statute. 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 employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE XVII. LIFE INSURANCE 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 50% coverage payable by the employee will be made available by the City for sai d retired eru pioyee . ARTICLE XV III. DENTAL iNSU RAN CE Ouring lh life of th Cont ract, the City shall pay 100% of the premium cost fo r the City Dental Insurance Plan o r other plan whi ch may be selected by the City as substitute for the City Dental Plan for each single and dependent poll y holder. Employe s shall assum any premium rate J.ncreas during the llf of this Contract in xcess of $)5 per month. A. The City gree to continu to provid e ch e loyee cove red by th s C nt r ct the d lev 1 of d ntal ben f ts as provided to th m s of JanUoll ry 1, 1 0, xc pt th ity sh 11 improv aid b nefitli ccordin to indwotry t nd.nds e ch yc.1r nd (or the duration Q this Contr ct. Anv dbput co n.:~:tning th lnterpret Lion of ..1ppl cation of ben f tb nd r th 0 nt 1 Plan hall b subj ct to the diaput resolution proc dur only. (I i s expr sly und ratood th t this Article is non-rievabl item und r thia Contract.) c. • the City's procedur t-t ion and application foll owing proc dures l •ell th t the ir h alth d in a nner conaia tent • I • • -• • - 1. If an emp l oyee f e els that h is /hel· hea lth o r den tal c lai m has be en incorre c tly paid o r denied, the employee sha ll f i rs t contact and inform the Ci t y 's Be n efit Coordi na tor in the Emplo y ee Rel a tions Departme nt a t Ci ty Ha ll. 2, I f the disputed claim can not be resolved by the Benefits Coordinator, the claim will b e resubmitted to the insurance administrator for futher review a n d c onside ration. 3. If the claim c an not be resolved to the satis fa c ti on of the employee by the i n su r a n ce a dministrator, the claim wi ll be forwarded with all pe rtin e nt info rma t i on to the City 's insurance consultant for further review and i nves ti g ation and who shall attempt to resolve the dispute through information and media tion. 4 . The writ ten de cision of City's insuranc e c onsultant c once rning claim dispu t es i nvolv ing out-of-poc ket expenses to the employee of $50 or less sha ll be fi na l. Cl a i m disputes involving out-of-p ocket expenses to the employee of more t h an $50 unless resolved by City 's ins u rance c onsultaQt to the satisfaction of t h e employ ee s h all be forwarded to the Colorado Founda tion for Medical Ca r e for a c omplete rev i ew of t h e pe r tinent fac t s giving rise to the dispute and shall submi t t o the City a wr itten dec i s ion which shall be final. Th cos t fo r e mployi Qg the Co lor a do Fo und a t ion for Medical Care s hall b paid fo r by t he City . ARTICLE XIX. IIJ::ALTH INSURANCE -EMP LOYEE/RET I REES A. During th" tHe of thh Contract , the City bhall pay 100 of the p r emi um cost for the Ci t y ~alth In urance P lan o r other plan which may be se le c ted by the Ci t y a· a substitu te for the City Health Plan for each &in~,;le nd de pendent policy holder. Employees s h all a ssu me any p r emium rate inc r ease <.lun n g the Uf of thib Agr em nt in exce11s of $150 p r mont h. B. Th City re s to c oot nue to provid to a ch employee cov ered by this Agreem nt th roo 1 vel of h alth benefits as provided to them as of January l, 1980 t.!XCcpt the Ci ty &hall improv so1id b oefi ts according to industry s taodards a c h y ar and for the duration of this Agre m nt. c. An y di put ronc roiog th int r p retation or applic.:ltioo of ben !its provid.,d un<l ..:r th • lit: lth In u r nc Plan sh <£11 b liubject to th • dispute! n!iiOlution proc dur only. (It il expr saly uml rslood th t this Article i,. a non-&rievable tell und r thl A ·re m..nl.) 'I'h m r th h d nt • u. lt•t l r IL • h .llLh or con b t••nt for d 0 I • • • • - l' t.; . 11 l . lf dn employee feels that lois /he r health or dental claim has been in o rrecr ly paid or denied, the employee shal l first contact and inform Lhe City 's Benefi t Coo rdi nator in the Employee Relations Department at Ci ty Hall. 2 . If the disputed c laim can not be resolved by the Benefits Coordinator, the claim will be resubmitted to the insurance administrator for further review and conside ration. 3. If the claim can not be resolved to the satisfaction of the employee by the insurance administrator, the claim will be forwarded with all perti n e nt information to the City's insurance consultant for further re- view and investigation and who shall attempt t o resolve the dispute through information and mediation. 4 . The written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to th e employee of $50 or less sh all be fi nal. 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 fi nal. The cost for employing the Colorado Foundation for Medi cal Care s hall be paid for by the City. ARTI CLE XX. MILI'IAR\ LEAVE A. Any pecm<tnent or probationary employee who enl~sts or is inducted into the milit ry, n val, air or other armed services of the United States in time of w r t~hall be u ntitled to a leave of absence without pay fo r the duration of such war or until honorably discharged, whichever occurs first , and for one (1) year l hl!tl.!dfter. B. Any mployee wh o shall be a member of the National Guard or any other component of the milita ry forces of the State , now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve furces of the United States, now or hereafter organized or constituted un der federal 1 w, shall be entitled to le ve of absence from his employment without loss of pay, ,tniority, 'it.ltus , •ffi.clency r ting, va c <~tion, sick leave or other benefits for <ill th lim~: wh~;n hi! i eng geJ with buch organiza t on or component in training or <ll'tiv •rvice orJercd or authon.z d by prop r authority pur&uant to 1 w, wh ther fur St L~ or feJet l putpu~ s , but not xc ~d~ng f ft~en (15) d ys in any calendar Y•• r. Such l••dve ;,h<~ll be;• .11luwed in c ase the required mili cary service is sacit;lactor:-ily p r1orn..,J, which sh<1ll bl! prebumed unle~oa; the contr<~ry is establillhed. l '. uch le ve 11h-•ll not be allow d unless t h mploye rutum11 to his publi c po itnm di<1t ly up n b •ing r~:licv •d from such ilitary service and not later th 1\ th o:xpir Lion ut thll! tim.. herl!in limit d for such leave, unless he ia pr v nt d CLam so 1o:turning by phytoical or nt 1 dis bility or other caus not Ju co hit. own f.1ul t or is r quired by prop r ut.h riticto to ont1nue in such mlllt.lry •·rvi•c:. b yunJ th· time ll'r ln limit d for ~ouc h leave. 0 . u b j c;;t to provi ion A, 8, nd C buv , Lh City toh 11 prov.i.d tn ilfl mploye 111 nt,•d 111illtary l .1v•, ltlsa what v r wa th mploye r 1V d hv Lh mililillY for touch rvic • .. ~----------------------~----~ • full p y y hav 0 I • • • • - l',\ ,L l l AJ{T lCL.E XXI . FU NERAL LE AVE l'he ..1ppoin ting a uthority shall grant leave with pay to an employee to attend th e f uneral of a member of the employee's family. The number of days granted sha l l be governed by the circumstances of the case, but in no event shall they e J(Cecd seve n (7) calendar days. For the purposes of this section, "employee's family " shall mean the employee's spouse, or the children, grandchildren, parents, grandpare nt s , broth e r s and sisters of the employee or of the employee's spouse. ARTLCLE XXII. JURY DUTY Leave may be granted to an employee for serving on jury duty. He shall be e ntitled to th e difference b etween his regular compensation and the fees received fo r jury duty. ARTICLE XXIII. HOLIDAYS Employees covered by this Co ntract shall b scheduled for ninety (90) houn, off with pay t the discretion of the Police Chief or his designee. S~h dul~ng wil l bed pend nt on manpower needs and the Chief, with the proval of the Citv Man<~ y pay the mployee in lieu o f the time off . " has begun their holiday <~n d the City rcqu1reo the cho.duled holiday p e riod, the employe t.ha 1 b A. " a id for all hours work d at t.h overt e charged with holiday ti r AR H LE XXI\'. ;.. ALLO ANCE A . Th 1 iurni11h , or bear the cost of Wlifot'llllt, 1nclud n t.her geat , 1n i.gnias, d clothing , r quir d while on duty, and ~th l cost of Dldiutcn nc , t pa r and cl aning th re f. All employee thu non-unifotm clivi !l ion for a p riod of thirty (30) days or more d not r qulrcd t u b • in un1lurm durin work , ~>hall r c iva monthly clo thing llow of $40 . Th C1 y .h.tll t>r~>vide lh • n c baary 1 anin •. Th e loy h 11 b rebponsib c f ~>r all l u t o r tolen ltc~ identified above or d a r <.' ult of ncghg~nu• or dclib rate act. B. Th City will r l mb urs an employ e 50 of th cost for the purchaae of bullul proof v ~>t (f l ck j ..1 ckc t) up to ximum of $75.00. Reimburlie nt shall only be ~de once •very fiv (5) y~ars and th employee mu t r e t in posses11ion of th jdt..ket durin the fiv (5) year period. In I C 11 : • XV. LCAVL :S Ill' AllSE 'CL: (WI1110UT PAY) Tl'lu ol.'\ll C ploy 'II <;OV •nd by this Contr..&Ct y b' wi thuut p y t ur r • o n11 o du tion which i .. •J.l r nt d J.•avu of d to th duti ~ of • • 0 I • • • • • I' •!;<.: I 3 till' Ci ty, settlement of an estate, child cu t e , serious illnes s of a IIEmber of th e employee 's family, but shall not be used for the purpose of obtaining employtnent elsewhe re. Leave without pay s hall not exceed six (6) o~nths o f any year but may be ex t e nded upon req ues t for an additional six months. The total leave t i me shall not exceed one year. Upo n return from approved leave, the employee will be restored 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. Appl~cation for Leave A request for a leave of absence without p a y shall be submitted in writing by the employee to the Police Chief . The request s hall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Reguest The Police Chief may grant or deny leave r e quests , taki ng into co nsideration the department's work fo r ce , work load and the e mp l oyee's r eq uest. Failure lo Return If an employee fails to return by the date of leave expi ration, the employee shall be considered to have voluntarily resigned from the service of the City, unless the appointing authority determines that unusual circumstances exist. ARTICLE XXVI. A grievanc this Contract. the procedure GRIEVANCE PROCEDURE is defined as n alleged violation of a sp cific provision of The employ and the ~sociatioa shall be required to follow s set out b low. If the employ I Association is unable to sett l th grievan e or di .. pule orally and inlormally through his/her immcdi te supervisor with in fiv (5) work days of th d te of th occurr nee of th gri vance, or th employee's knowledg of it, th mploy may within the succeeding fiv (5) work days fil written ,ri v nc with his/h r supervisor. Th supervi or shall attempt to dju .. t the m tter and .. h 11 r .. pond in writing to the mploy e within five (5) work dayll. If th•• •rtevanc~· .. till rcoo.u.n:. un.idJubt d, it hall bc pn!~oentcd by th mployt> to th Police Chi f in wr tine wiLhin fiv (5) work days following r ceipl or tha aupurvi or's r •spom.e. n1 Po lie Ch f shall re p nd in writing within fiv (5) work d y • • the lfl •• I~ pl 11.1 n un dju .. t d, it wr1ring within tiv r p "" • Th Cl ty n wrllin~ wlth 11 t ' h ll be pr ~unt~d by th (~) w~tk d ys foil ing hi /h r cleeianat d • 0 I • • • • - l'.t ge l~ lf Ll1e grievance is still unse ttled , th e employee within ten (10) wo rk days after the reply of the City Manager or his/her desi gn ated representative , may by written notice request the matter be heard by the Career Service Board. The Career Service Board o r i t s designated hearing officer shall be reque sted to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party sh all be responsible for compensation to its own repre- sentatives and witnesses . If either party desires a verbatim record of the proceedin gs , it may c ause such a recor d to be made, provided it pays for the record and makes c~pi es available without charge to the other party and to the Ca reer Service Board or its designated hearing officer. Failure by an employee o r the Association to comply wi th any time limi t ation shall constitute a settle- me nt of the grievance. Should the employer not respond within the prescribed time , the grievance will automatically proceed t o the next step. Authority of Career Service Board The Career Service Board or its designated officer shall have no power to add to or sub tract from or change the terms of this Contract . The written decision of the Board or its designated hearing officer shall be final and binding upon the parti s . The Board or its designated hearing officer shall limit its decision strictly t o the grievance submi tted wh ich has been properly processed through the grievance procedure o utlined. Pro cessing Gtievance During Working Hours t;r i •vances may be investigated and processed by the employ •e during working hours within reasondblc time limits without los of pay provided notice is given and the work lo d permits . Alfl 1 U .E :·XV ll • UULS UUJUCTlO. Tht< City .. ~;rcc:. t o deduct tl • As ociation due~> once each month from the mployee who individually request in writing that such deduction , ~>ubject lo th g.orni hment 1 & of Lh State of Colorado. U1e amounts d ue led hall e crtified to the City Finance Director by the Trea urer th ggr le deductions o! all employe•• bhall be n i l miwd & tdtc th Tr "ur r by the 15th o th e touch dedu~.:Lion• The uthori.tation toh.lll b a th~rty (30) day wr lttcn noti c • Dire tor. ll. Ut:<htl:llOll tlh.tll b .. JUdd• . ----------------------------~ • 0 I • n • • • • C. The Association shall indemnify and hold the City hannles s against any .md .tll c laims , suits, o rders , or judgments brought or issued against th e City as a re s ult of any action t aken o r not taken by the City under the provision of this Arti c le. D. Changes in the due s 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. Sho uld the change in the deduction amount or method require a computer programming change, the Association shall be responsible for that cost 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 XXVIII. ASSOCIATION ACTIVITIES The City agrees that duri ng working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Associati on memberships during employee 's non-work time; and represent employees on grievances. ARTICLE XXIX. RULES AND REGULATIONS Except as limited by th express terms of this Contract, the City retains th ri ht to promulgate re onable rules, regulations , policies, procedures and dir ctiv s. Said rul , r gulations , policies, and procedures and directives which are an dll ed violation of this Contract shall be subject to t he grievance procedure. ARTICLE XXX. HE T l CREAS~ pc ~vid d {or Police 0 fie c th Class through lst Class auto~ tic, but rath r baaed upon ~ritorioua service . b gr t d or d~ni d to ny individual Police Officer Po lice Chi f and with the ~pproval of the C~ty Manager to u ~h individu~l Poli Officer. The d te in which the ~p ro v~J h ll d t rmin the new • rit nniv r ry date. AR llCL~. :U l . mrn TO TLSlH"Y n w 1 r uir • conc:luaion court, or oth r Whnh ia 0 I . • • • P.J ~l' I;, sut.poe na..,d dS a witness in private litigation to testify, not in his official ci1pa< ity but .1s an individual, the timt: absent by reas ons thereof shall be taken 1 s .m nu.Jl leave or leave without pay. AR!l CL E XXXII. ACTING PAY A. All acting posi tions will be compensated at 100% of the pay for the position in wh ich he is acting as approved by the Chief of Police. The employee musl be in the posi t ion for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day of said employee assumes the ~sponsi bili ties of the p osit i on. ARTICLE XXXIII. BASE SALARY For the purpose of determining an employees base wage, the employees regular st raigh t time wage rate and longevity shall be used, excluding all other forms of emp loyee compensation. (The above provision shall be used only for the purpose of determi ning pension benefits under the City and State pension plan.) ARTICLE XXXIV. RETI REMENT BENEFITS Retirement benefits shall be provided for as stipu lated under State Statute. In ad dit ion , the City shall continue to provide the same level of benefits as provided for in the Englewood Municipal Code. Employee contrib utions will not be increased above the 54 to employees hired prior to Ap ril 8, 1978 and 8% for employees hired after April 8, 1978 contribution levels unless required by State Statute. ARTICLE XXXV. TUITION REFUND Upon r;;commend.ltLon of th Policl.l 01ief and after prior approval of the City M nagcr, the CL ty of l::n 1 wood shall reimburs rman nt, full-tim police olficer upon ucce& iul com~l tLon ot or courses in educa tion r voc tion 1 tr.unln~;. Th ted to the work and be debii)ned to improve vo~lu.. to th police offi.c r'& ervice to th City . on, dnd required texl • ARTiCLE XXXVl. BlDOlNG P UCLOURlS FOR HO IDAYS, VACA IONS AND SHIFT ASSIGNMENT A. capdcity illl I u.J,•d Ill Lt. not r ' nt p P'I'IIOtion w 11 b • t. t,..i.n d by th ir ly tha till a rd ll niori ty !or • will b dut. rm1ned 4 Poli O!fi~r t 0 I • , • • - I' I .•. I 7 ti. The seniority bid system will be applicable to personnel assigned to the uniformed patrol division only and will not be authoriz.ed in any other divisjon. The uniformed patrol division commander will develop and post a schedule p rior to each year for a six-month period starting November 1 and ending April 30. The uniformed patrol division commander will develop and post a second s chedule prior to May 1 each year for a six-month period starting Hay and endi ng Oc tob er 31. Ihe pa trolmen in the uniformed division will bid twice a year. Each bid process will consist of two (2) three (3) month intervals. The first bid each yea r will be for November 1 through January 31 and February 1 through April 30. The second bid each year wi ll be for May 1 through August 31 and August 1 throu gh Oc tober 31. There will be ten biddable positions on each watch. The bidding process will begin with the most senior police officer bidding the position of his choice. In tbe des cending order of seniority each remaining officer will have a choice of th e remaining biddable positions. All specializ.ed positions such as motorcycle officer, , crime prevention officer, mounted pa trol officer, etc. will not be open to bid. The specializ.ed assignments along with any no bid positions on a watch will be in addition to the ten biddable positions o n each wat ch . Officers may requ es t non-biddable positions and an attempt wi ll be made to a ccommoda te them, bu t such positions will be assigned at the discretion of the pat r ol division comma nder. 1 l .1n of !leer C..lils to s ubmit their bid in ac c ord nee with the bil.lding procedure they will relinquish th ir oppoDtunity to bid by senior~ty and will be ssi ned t th• di c r tion of the patrol division commander. fh er~~ nt~ ~n th p~trol div&sion will b~d by beniority &n lh~ follow&ng mann r: each wat ch t bl sh d by t h p trol l.llvi~.olon co1 nd1.r. trol divibion will b&l.l th r~:o ining bidd bl po ition from th n1or e r nt on down. S r geant y reque t non-b11.ldable pobillun nd an tt rupt will be made to ccommodatc th m, but s uch posit ions w1ll be b~igncd at th discr tion of th p trol divi sion co nder. Serge ntb wlll tallow the b bid sc hedule proc ss as patrol offi c o:rs. 'l'hc scrg nts will bid two (2) three (3) month wat ches at a tim Sergeants wil l not b allow d to bid the s me shift more than two timeli in a row. ut II c~:n. ot •r on til a 11igned to other diviilions nd wh o are rcabsigned to th p t r 1 d 1 vibion wJ 11 oc1.opy th po it ion vacat d by th p r on th y ar rep 1.11:Jng. JC other pvl>lt ionli are v.til bl , thtq wy r~QUCbt abliign nt to ta{'h po,J tl n, but m y ortly b si nt!d t th dill e r tion of th p tro l division o.:UilUll·llll pco,,um •I 11 tlwn be ullowod thu~r b<!OlOr lL Y !or bid .lt thl "' l< • 0 I • • • • • !' .. ·:· !,; lt i s further understood that a schedule change for unforesee n emergency ,. t 1 LUIH>.tJnces arise, officers and sergeants may be assigned by the patrol division commande r from one shift to the other to handle whatever emergency situation exists during the duration of the emergency. The officers or sergeants in desce nding order of seniority will be asked if they want the assignment change from their assigned watch during the duration of the emergency. If it is necessary to assign officers or sergea nts after thi s procedure has been done the least s enior officer on the watch will be selected first to change assign- men s by the patrol division commander. This process will continue until the division con~nd er has met the needs of the emergency situation. C. Bidding for Vacations and Holidays Vacations will be bid by seniority. Vacations will be bid by seniority only one time during the yea r November 1 through October 31. An officer or sergeant w1ll bid for vacation according to the bidding schedu le. He will be able to bid during the first six (6) month bid process ovember through April 30 or the second six (6) month bid process May 1 through Octobe r 31. Vacations other than his seniority bid vacation will be on first- requested basis. All vacation requests will be signed and dated by the receiving supervisor on the date of receipt. Any vacation requested after the bid process closes will be on a fi r st-requested basis. Vacations are expec ted to be scheduled in good faith by each employe a nd shall specify the exact dates d sired. In the uniformed patrol division not more than four officers or one sergeant p r watch will be scheduled for vacation or holiday leave at the sam time, unless approved by th p trol division commander. Not more than two officers or on erg ant within other divisions will be scheduled for vacation at any on time unless pprov d by their division commander. Vacations within the investigations and dministrat ion divisions wi ll be scheduled by their division comm nder ccord in& to en1. r1ty. Holiday ill b bid aft r all vacations have been bid by seniority 1th v catlon takin prec dent ov r holidays. The bid ti for holidays is the ame a vacat1.on ~Lc o rdl.ng to bid schedule except that any holidays not bCheduled or d by Augubt 1 of that y r will b assigned. h~ sch~dule proces for bidding will be as follows. The bidding process wtll t ke pt ce in 0Ltob 1 for November 1 through April JO and April for May 1 through 0 cob r 31. Holid y vill then b bid. W tches and days off will be bid fin.t c long with a 11en ority prcf renee for vacation if so desired. lloliday11 wtll th n b~ bid by s niority. More than on holiday at a time may be taken aa lunb 1 lh r quir m nt o( four p r watch ill met. 1 Rl I CLI.\ XX\" II. L 1 I:.R OF ARN1NG • It i n t loy a rc d lh t a copy of ny 1 tt r o repri and vhl ch 111 placed within p~r onnul fil vill be furniah d the affect de loy e. n, ploy na thu ri ht to r apond in wr t n& to th 1 tt r o r prim nd which r ah 11 alao be plac d in the employ •'• p reonn 1 fil • 0 I • • • • • l'agc 19 rhe employee also retains the ri ght to request an administrat i ve r e view o f the let t er of reprimand. The Chief of Police shall develop this administrative review procedure wh i ch shall at a minimum consist of a board with equal repre- senta tion of comma nd staff and Association members. This board shall be advisory to the Chief of Police, and its findings shall be placed in the employee's person nel file. This Article shall not be grievable under this Contract. ARTICLE XXXVIII. EXCLUSIVENESS OF AGREEMENT The Ci ty and the Association agree that the term and provisions herein contai ned constitute the entire Agreement between the parties and supercede all previous communications, 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 negot iations 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 the ~ respective ![:presentatives, and their signatures place thereon, on this ~day of I W 'T , 1981 at Englewood, Colorado. CITY OF ENGL EWOOD EN~OOD POLICE BENEFIT ASSOCIAT ION I '. r -~' ft .,~ Jr_::~r / • 0 I . • • • • ADDENDUM TO THE 1980-1981 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION TI1is Addendum to the 1980-1981 Contract entered into by the authorized City repres entatives and the Englewood Police Benefit Association shall be a mutual request of the above-named parties that the Englewood City Council 110di fy the current 198D-1981 collective bargaining contract to reflect that effective July 1, 1981 a ten (10) percent wage differential be established between the classes of Police Officer and a twenty (20) percent wage differential between the position of Police Officer First (1st) Class and the rank of Sergeant. In addition, a six (6) percent wage adjustment will be added to the position of Police Officer First (1st) Class and the wage differential described above will be applied. As a result of this understanding and agreement, th following sal ary schedule will be established. 7/1/81 (lnclud~ns a 64 wage adjust~nt Present & dlff<'rential Poli e Officer 4th Class $1 ,333 s 1, 359 Police Officer 3rd Class 1 ,482 1,495 Police Officer 2nd Class 1,605 1,644 Police Offic r 1st Class 1, 706 1,808 s"rg ant 2,035 2,170 Th p rti respectfully request t~s aoodification and by the.j.,r r sp ctive repr sentatives have placed their signatures thereon, on this ~da y o! July, l l at l::n 1 ood, Colora do. CITY OF D D POLICE 8 EFIT ASSOCIATlO I 17 c ~P~ L '-........... ~11·1 &f. ) . I .lJc4L !d .U1. 1 I " (("' ..La.~ -r l/1?((.(. ft. < • 0 I • • • ORDINANCE NO. SERIES OF 198·~1----- BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER_ d}-t .A...--(_.. AN ORDINANCE REPEALING SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4, TITLE IX, ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, CONCERNING FOOD DEALERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1, 2, 3, and 4 of Chapter 4, Title IX, E.M.C. 1 69, as amended, are hereby repealed. Introduced, read in full, and passed on first reading on the 17th day of August, 1981. Publiahed as a Bill for an Ordinance on the 19th day of August, 1981. Attest: Eugene L. Ot~s, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of August, 1981. Gary R. Higbee • 0 I • • - • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198Tl ____ _ A BILL FOR COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER _____________ __ AN ORDINANCE REPEALING SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4, TITLE IX, ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, CONCERNING FOOD DEALERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1, 2, 3, and 4 of Chapter 4, Title IX, E.M.C. 1 69, as amended, are hereby repealed. Introduced, read in full, and passed on first reading on the 17th day of August, 1981. Published as a Bill for an Ordinance on the 19th day of August, 1981. 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 is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of August, 1981. Gary R. Hi gbee • I . • • • • ~tl-f-fl BY AUTHORITY ORDINANCE NO. SERIES OF 198 ~1----COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER &::6?.-- A BILL FOR AN ORDINA CE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS, PROCEDURES AND REME DIES THEREFOR. I.YHEREAS, i is necessary o provide procedures for he removal of litter, weeds and derelict vehicles in crder to maintain th ~ City free from such debris; and WHEREAS, it is appropriate to provide a common procedure for the control and removal of such items in order to aid the ease of administration of the laws of the City of £ng l wood; and WHEREAS, he enactment of an ordinance on thi contribute to the health, safety and welfare of th the City of Englewood. subject will citizens of OW, THEREFORE, BE IT ORDAINED BY THE CITY COLNCIL OF THE CITY OF E GLEWOOD, COLORADO: Section 1. Th t Chapters 3, 5 and 7, Titl VI, of he 1969 revised En lewood Municipal Code are hereby repeal d and a new Chap r 5 , Titl VI, is added as follows: 6-S-1: As ( ) Cul TITLE 6 CHAPTER 5 LITT R, WEEDS, DERELICT VEHICLES AND HOBBY VEHICLES DEri HT10NS 1n his Ar tel , unless he con xt o h rw1 requ1r s: 1on, or is ch rged • I • - • • • - -I (c) "D e r elict vehicle" shall me an any vehicle , th e owner of which cannot readily be found, not capable of being legally operated on the public street s un der the motor vehicle laws of the State of Colorado . It shall include all vehicles missing wheels, missi n g or b roken window s and/or windshield. It shall not in cl ude those vehicles whose only deficiency is lack of a cu rre nt license plate o r safety s ticker and those vehicl s in p rocess of or that have been modified as hobby type v e hic les. (d) "Garbage" is putrescible animal and veg etable wastes resulting from the h a ndling , prepara ion , cooking and consumption of food . (e) "Hobby type vehicle" is any vehicle of the following ype in the p rocess of being built, res to red or main- tained as a dive rs i on from one's regular occupation for the purpose of relaxation (aircraft, boa ts, classic cars, experimental cars , off-road vehicl es , race cars, and derelic vehicles). (f) "L1tter" is "garbage ,""refuse ," and "rubbi sh," as defined herein, and all othe r waste materia l which, if thrown or deposi ed as herein prohibited, tends to create a danger to publlc health, safety and welf are . (g) "Noncomm rcial handbill" is any printed or reproduced pamphle , leaflet , or similar device or sample , or any other pr1nted or otherwis reproduced original or copies of any matter of similar type litera ure not included in th afor said definition of commercial handbill. (h) "Owner" shall 1nclude the record ow r, whether person, firm or corpor t1on , any g n or repr s ntative of he record own r. (i) is any d welling, house, building or s1gned or us d, ith r wholly or in ptr , or pr1v r s1d n i 1 purposes, wh h r inhabi •d or mpor r1ly ur con 1nuously uninh ln •d or vac n , and h 11 in·lud ny yard, grounds, w lk, driv w y, porch, ( j ) p , vestibul or ma1lbox ~ lon inq or appur en n o uch ll1ng, house, build1ng, or oth r s rue ure, nd l nd on which no build1ng xis s. Privat includ s business proper y. ny s , m in- or of the -2- I • • - • • • .. • (k) "Rubb1sh" 1s nonput rescible waste cons1st1nq of \..•ut:\ combus 1ble and noncombustible wastes, su~h ,ls ;.•.:t~·,•r, wrapp1ngs, c1garet tes , cardboard, tin cans, yard ~llp p1ngs, leaves, branches, wood , waste building mat~r1als, glass, bedding, crockery, househo l d furnishinqs .:~nd sim1lar materials. (1) "Refuse" 1s all putrescible or nonputrescible was ~ including garbage, rubbish, ashes, street clean1nq, dead animals, offal, d r oppings, abandoned appl1an ~s. and vehicle parts. (m) "Trash container" is a closable conta1ner of metal, wood, or plastlc. (n) "Weed" shall mean weeds, grass, brush, or other r:1nk or noxious vegetation which is in excess of six (6) 1n~hes in height and shall specifically includ : Bindwe~d (Convolvulus), Leafy Spruce (Euphorb1a Esula), Can.:tda Thistle (Circium Arvense), Russ1an Knapweed (Centaur~a P1eris), Perennial Sowthistle (Sonchus Arv~nse), Punctur~ V1ne (Tribuius Terrestris), Silver Leaf Poverty We~d (Franseria Discolor), Mousseear Poverty We ed (Th1aspi Arvense), Mustards (Brassiea), Purple-flowered Groundcherry (Quincula Lobata), Russ1an This le (Salsola Pestifer), Fireweed (Koch1a Scoparia), Redroot Pigweed (Amaranthus Retroflexus), Sandbur (Cenchrus Tr1bulo1 i•'S), Hairv St1ck1~eed (Lappula Occ1dentalls), Buffah,b urs (Solilnum Restvatum), Common R gweed Ambros1a la 1ov), Cocklebur (Xan h1um Commurie), Common Sunflow r (H l1 anthus Cent1cular1s), Dandelion (Leonthodor T vazacum), or other plant or offend1ng vegeta 1on wh1ch 1s r q rded ,s a common nu1sance. Th1s l1s 1s not 1n end d o b xclusiv , u rather 1s in nded o b 1 1d1ca thos yp s of plan s wh1ch r cons1dered nox1ous and a d tr1men o he public h al h nd saf ty but shdll not 1nclude flower gardens, plo s of shrubbery, v q tdb l~ g rdens and small qr 1n plots (wh•a , b rley, o s , nd rye). -5-2: DECLARAT IO It 1 are requir of th ci 1z n t1ons of 11 The p rson m in ain1ng of he lley adjoin 1ng r -3- I • • • • • ·....--.. (k) "Rubbtsh" 1s nonput r esc ible wast e cons1st1nq o:: but~ combustl.ble and noncombustible wastes, such as ;.'a~'<'t·, wrapp1.ngs, c1garettes, c ardboard, tin cans, ya r d ~lip pings, leaves, branches, wood, waste building mater1als. glass, bedding, crocke r y, hous ehold furnishings and similar materials. (1) "Refuse" is all put r escib le or nonputrescible wast including garbage, rubbish, ashes, street clean1nq, dead animal s, offal, droppings, aba nd oned appl1anc~s. and vehicle parts. (m) "Trash container" is a c los able container of metal, wu 0d , or plastic. (n) "lveed " shall mean weeds, grass , brush, or other rank or no x1ous vegetation which is in excess of si x (6) 1n~hes in hetgh and shall specifically include : Bindweed (Convolvulus), Leafy Spruce (Eup h orbia Esula), Canada Thistle (Ctrctum Arvense), Russian Knapweed (Cent,lurea Pleris), Perennial Sowthistle (Sonchus Arvense), Punctur ~ VIne (Tributus Terrestr1s), Silver Leaf Povertv Weed (Franse ria Discolor), Mousseear Poverty Weed (~hiaspi Arvense), Mustards (Brassiea), Purple-flowered Groundcherry ( uincula Lobata), Russian Th1.stle (Salsola P st1fer), Fireweed (Kochia Scoparia), Redroot Pigwe .~d (Amaranthus Re roflexus), Sandbur (Cenchrus Tr1bulo1 les), Ha i r • St1ckweed (Lappula Occidentalis), Buffa! burs (Sol~num Restvatum), Common Ragweed Ambros1a Ela v), Cockleb ur (Xan hium Commurie), Common Sunfl o we r (HelL n hus Cen lcularis), Dandelion (Leon hodore T v1za urn), o r o h r pl nt or offendl.ng ve eta 1.0n wh1ch 1s r q rded as co~n nuis ne e. This l1.s 1.s no 1n e~d·d o exclusive, bu rather is intended to i~d1.c t1ve of hose ypes of plants wh1.ch are considere nox1.ous and a de r1m n to the publ1c heal h and safety bu shall no 1nclude flower gardens, plo s o shrubb ry, v~q~table 9 rd n nd small gra1.n plo s (wh •a , blrley, o~ s, nd rye). 6-5-2: DECLARATIO It l.S th purpose of this chapter to se forth 1 ws wh ich are required for h clean l1.ving, beau y, he 1 h ,nd w 11-b 1nq of the c1t1.z nd the Ci y of Englewood by prohibL inq ccumul,- tl.ons of l1t er, w eds , or unsightly vehicl s with1 n the 1 y. The persons whom h1.s ch p er ppli s shall b r 0sponsibl0 m intain1ng 1r premises free of th prohib1.t1ons rom h of h ally u t1ng h 1.r proper y to h r v~lPd ortLon djoin1ng s r s. -3- I • • - • • • • • ('<) "Rubb1.sh" 1 s non putresc1ble wast e cons1stln•1 of ~>1c:1 CCI~UStl.bl e and noncombustible wastes, su-h -'s ;.'.'l~·,•r, wrapp1.ngs, cigarettes , c ardboard, tin ca ns, yard cllp- pings , leaves, b r anches , wood, waste building mat~rlals. glass, bed ing, c rockery, hous ehold fur n1.shinqs and similar materials . (1) "Refuse" l.S al l put r escib le or nonputresci ble wast ~ including garbage, rubbish, ashes, street cleatunq, dead animals , offal , droppings, abandoned appl1anc~s. and vehicle pa rts. (m) "Trash containe r" is a c losabl e co nt ainer of metal, wo .ct , or p lastic. (n) "Weed" shall mean weeds, grass, brush, o r other ran· or no xious vegetation which is in excess of ·i x (b) 1n·h0s in height and shall specifi c ally 1ncl u d : Bindw~~d (Convolvulus), Leafy Spruce (Euphorbia Esula), Canada This le (C1rcium Arvense), Russ1.an Kna pw.?ed (Cent.1ur~'a Pier1s), Perennial Sowthistle (Sonch u s Ar •ense), Punctur~ Vine (Trl.bul.us Terrestri s), Silver Leaf Povert v I~C'L'd (Frans ria Dl.scolor), Mouss eea r Poverty W 0~d (~hl.aspi Arvense), Mustards (Brassiea), Purple-flowered .roundch0rr y ( uincul Lobata), Russ1.an Thistle (Salsola Pestifcr), Fireweed (Ko h1 Scopa r1a), Redroot Pigwt;><.'d (Amaranthus Re roflexus), Sandbur (Cenchr us Tribulo1 des), l!airv Sticl;v.•eed (L, ppula Occ1dentalls), Buff lol urs (Sol.=tnum Res va urn), Commot Raqweed Ambr os1a El 1ov), Cock! bur (Xan h1um Commur1. } , Common Sunfl o w r (H~llanthus Cen 1c lar1s), Dandelion (Leonthodor Tav zacum), or o her plant or of end1.ng ve eta 1.0n wh1ch l.S rcqarl as common nu1sanc . Th1s l1s 1s no 1.n ended o be exclusive, bu ra h r is lntended to 1 nd1c t1v of hose ypes of plants wh1ch r e cons1d red nox1ous and a de riment o he publ1c h al h nd s f ty bu shall not 1nclude lower g rd ns, plo s of shrubb ry, veq~ able 9 rd n nd sm 11 gra1n plo (whe t, bart y, 01 s, lnd ry l. -5-2: DECLARATIO It l.S are requ1.r of he c1 1z n t1ons of l1t Th p rson m inta1n1ng of h 11 y adjoin1ng str o s t orth laws wh1ch an l1ving, beau y, heal h and w 11-b 1nq C1 y o Englewood by proh1bi inq ccumula- ds, or unsightly v hicles w1 h1n th 1ty. h1s ch p r cppli s sh 11 b r pons1bl~ or s r e of h proh1b1tions from th > n r th 1r prop r y to h r \'l ll l por ton o th" -3- I • • • • • • (k) "Rubbish" 1s nonput r esci ble wast e cons1st1nq of t 11 conbustible and noncombustible wastes, SL:...:h -~s ;.•ar,,r·, wrappings , cigare ttes, cardboard, tin cans, yard ...:llp- pings , l eaves , branches , wood, waste bu i l ding mat •rlals. g lass, bedding , c rockery, household furni s hings and similar materials. (1) "Refuse" is all put rescible or nonputrescible wast e including garbage, rubbish , ashes, street clea1in~. dead animals, offal , droppings, a bandoned applian...:es, and ve h ic le parts. (m) "Trash container " is a closable con t ainer of metal, w00d, or plastic . (n) "1 eed " shall mean weed s, g rass, br ush, or other ran· -.•r noxious vegetation whi c h is in excess o s1x (b) 1nch0s i n height and shall specifrcally inc lude: Bindw~0d (Convolvulus) , Leafy Spruce (Euph rbia ula), Canada Thistle (Crrcrum Arvense), Russ1.an Knapw,'ed (C 3 nt.lur '.1 Pieris), Perennial Sowthistl e (Sonch u s Ar •ensel, Punc ur0 Vine (Trl.buius Terrestris), Silv r Leaf rovert v Weed (Franseria Discolor), Mousseear Poverty ~00d (~h1aspr Arvensel, Mustards (Brassiea), Pu r ple-flow.:-red Ground.:h, rv (Quincula Lobat l1 Russ1. n Th1.stle (Salsola Pest1fer), Fireweed (Kochia Scopa ria ), Redroot Pigw ed (Amar nthus Re roflexus), Sandbur (Cenchrus Tr1.bulo i es), Ha1rv St1.clr.weed (L ppuld Occrden alls), Buff.:Il burs (Sol.)num Restvatum), COJMlOil Raqweed Ambrosia Elat ov), CocklPbur (Xan h1um Commurie) I Comm on Sunflower (Helianthus Centrcularls), 0 ndel1.on (Leon hodore Tav zacum) 1 or other plant or of endrng veqe a ron wh1ch 1s reqardej as common nu1s nee. Th1s l1s 1s not 1.n en ed o b exclus1v , bu rath r is Intend d to IndlcatlVC' of hose of pl nts which r ons1dered noxrous and o the publ1.c h 1 h and sa ety bu shall flower g rd ns, plo ~ shrubbPry, vPqe tble mall gr 1n plo s (w a I b.1rley, o.Its, md -S-2: DECLARATIO It 1s are requir of the CI jz tions of li Th h1s ch pter -3- • 0 ntt: r th I • • • • .. ANTI-LITTERING PROVISIONS 6-5-3: LITTER -GENE RAL PROHIBITION No person shall throw , place , or deposit litter in or upon any public place within the City except in trash containers. 6-5-4: LITTER ON PU BLIC PROPERTY No person shall throw or deposit any litter on any public street, in any public park, or in any public building within the City except in rash containers. No person shall throw or deposit any l~tter in any fountain, la k~, bay, stream or other body of water within the City. No person shall affix any poster, notice, or like device to attract public attention , to any lamp post, public utility post, traffic control device, tree, public structure or building except as may be authorized by law. 6-5-5: LITTER ON PRIVATE PROPERTY The owner or occupant of private property shall cause the removal of all accumulated articles of litter and place said litter in a trash container. Litter shall be taken to an authorized site for disposal. The own r or occupant of private premises within the City shall maintain said premises free of litter and pro,ride trash containers therefor . No person shall throw or deposit litter on any occupied or vacant private property within the City. 6-5-6: LITTER ON BUSINESS PROPERTY The own r or lessee of business property is authorized and requir d o provid trash containers at convenient places for he depos1t of litter by business patrons. The owner or occupant of business property may requir that all litter deposited in his premises, sidewalk or common area be placed in trash containers he has provided. Th own r or 1 ssee of busin ss property is required to ke p fre from lit r lh sidewalk adjacent to his business or his proportional share of common w lkway or m 11. No person owning or occupying bus1n ss property shall sweep into or d eposit in any gutter, s r e , or pu lie place the accumulation of litter from his building, sid walk or driveway. Th owner or 1 ss o bu iness proper y may prohibi the solicit 1on of funds, selling of artie! s, and distribu ion of lit r ur by any p r on upon his business pr mises or in the com-man ar a. -4- • I • • • • • • 6-5-7: LITTER FROM VEHICLES No driver or passenger in an automobile, motorcycle, bicycle, aircraft, or other vehicle, shall throw, place or deposit litter upon the public streets, other public place, or priva te property. No person shall drive any truck or like vehicle in the city unless its contents are covered or loaded to prevent them from being sea tered or if the wheel s or tires carry any mud, dirt , sticky sub s ance or like mat te r into a public street , alley, or other public place. 6-5-8: DISTRIBUTION OF HANDBILLS No person shall distribu te or sell any commercial or non- commercial .andbill, adve rtisement, or similar literature in or upon a street , sidewalk, parking l ot , or other publ ic place with in the City; provided, however, a person may distribute free to the receiver a noncommercial hand bill to a person willing to accept it. No person shall distribute any handbill or similar literature upon inhabited private premises except by placing said i tems in a mann e r as to prevent them from being blown or drifted about the premises. Mail boxes may not be used when prohibited by Federal regulations. No person shall distribute any handbill or similar literature to temporarily or c ontinuously vacant premises. No person shall distri ute any handbill upon private premises if reques d not o do so by any person there or by a sign bearing the words "No Trespass1ng," No Advertisements," "No Aqen s," or similar language. The prov1s1ons o this sec ion shall not apply o the proper dis r1bution of mail by the United States or to d liv ry of news- papers which are legal publ1cations, provided that newspapers shall be placed on prop r y o preven their being carried away by he elem n s. 6-5-9: LITTER PLACEME T IN TRASH CONTAINERS Persons shall place li er in trash containers o prevent it from b ing carr1ed or scattered by the elements upon public or private prop rty. Persons sh 11 place trash containers on any public stre t, all y, sid walk or other horoughfare only on regul rly scheduled pick-up or col! .ct ion days nd only in a m nner not o obstruc vehicular or p d rian ra fie. -5- I • • • • • .. 6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES All litter collected by any person shall be taken to a site authori zed for litter disposal or be placed on regular trash collection days for collection by trash haulers licensed by the City of Englewood . No person shall engage in the business of removing or hauling litter in the City without first obtaining a li cense . A nontransferable license shall be issued upon the annual payment of $5 per ve h icle . 6-5-11 through 6-5-19 RESERVED ANTI-WEED PROVISIONS 6-5-20: CUTTING AND REMOVING WEEDS Every owner or occupant of realty shall cause to be cut all weeds exceeding six (6) inches in height growing there. The weeds shall be removed to some site authorized for the disposal of litter. 6-5-21: PUBLISHED NOTICE TO REMOVE WEEDS When the City Manager determines it may be necessary, the Director of Finance shall cause to be published in a newspaper of gen ral circulation in the City a notice which shall be sub- stantially in the following form: TO ALL OWNERS A D OCCUPANTS OF LAND WITHIN THE CITY OF E GLEWOOD: Notice is hereby g~ven h all w ds wi hin the Ci y of Englewood must b cut down, des roy d and removed on or before the (da e o b inser ed y he D~r.c or of Finance --no less th n fiv (5) days af e r he d t of public tion) of th~s year. F ~lur to comply with this no ~ce on or b for h d te m ntioned shall m k h parti s r sponsible p rson lly li ble for the cost of cu ing, d s roying, nd r moving the sam , plus Tw nty-five percent (25 ) incid n 1 cos and Fif een p rcen (15 ) p n 1 y nd inter st, which costs , penal ies , and in re may be r ecov red in a person 1 ac ion against such p r ies or may b levied nd collec ed ga~ns s id 1 nd h s m m nn r as o her t xe s levied nd col l c • I • • • • Parties failing to comply with this notice may be subje ct to a fine or to imprisonment not exceeding ninety (90) days, or to both such fine and imprison- ~~nt as imposed by Title I, Chapter 2 , of the 196 9 Englewood Municipal Code, as amended. Th is notice is given in compliance with Section 6-5-21 of the Englewood Municipal Code. 6-5-22 through 6-5-29 RESERVED 6-5-30: ANTI-DERELICT VEHICLE PROVISIONS VEHICLES IN RESIDENTIAL ZONES No person who lives in a residentially zoned district shall keep a hobby or derelict vehicle, under construction or not, un- less it is stored in a fully enclosed garage or similar structure. A person may store the vehicle in a carport or open area if he keeps the vehicle and its parts covered with a canvas or other opaque covering. Storage or covering is not required when the vehicle is actually being worked on. No person shall build, store, or maintain more than one derelict or hobby vehicle outside a fully enclosed garage at each residence in the City. A person shall not take parts from one v e hi cle for use on another vehicle or for resale on his prem~ses. No person shall store or work on any hobby or derelict vehicle within his residence r eq uired front yard or any adjacent rights of way. No person shall work on a hobby or derelict vehicle e xcept between 7:00 a.m. and 9:00 p.m. 6-5-31: VEHICLES IN BUSINESS ZONES No person shall keep a hobby or derelict vehicle in a business zoned district unless ~t is stored in a fully enclos d structure or b hind the princip 1 structure i n an area scr ned from view of adj cent prop r i s nd public rights of way. o person who principally uses as a r sidence property in busin ss zones shall keep more han one hobby or d relict vehi cl on the prop rty. 6-5-32 hrouqh -5-39 RESERVED 6-5-0: VIOLATIONS: OTICE -COST ASSESSMENT-REMEDIES Whnvri or v hi c les xis is found that weeds, ccumulationa o lit r, wi h1n he City in viol on of his chap r, -7- • I • - ( t • • • • ---------- the City Manager or his designee shall have posted upon the realty or vehicle a n appropriate notice in substantially the following form: TO THE OWNERS AND /OR OCCUPANTS OF THIS PROPERTY: NOTICE There exists upon this property (weeds) (and/or litter) (and/or derelict and/or hobby vehicles) which have not been (removed) (disposed of) or (attended to) in accord- ance with Title VI , Chapter 5, of the 1969 Englewood Munic ipal Code. Notice is further given that unless the same are (removed) (and disposed of) (or attended to) within five (5) days from (date of posting of notice), the City of Englewood may cause the same to be (removed) (and disposed of) (or attended to) in compliance wi th said chapte r, in which event the owners and occupants of this r ealty or vehicle owner ma y be liable for all costs , e xpenses and penalties as set forth in Title VI, Chapter 5 , of the Municipal Code of the City of Englewood , including the assessment of a property lien for the costs incurred . 6-5-41: FAILURE TO COMPLY WITH NOTICES If any owner or occupant of real prop rty or vehicle owner fails o comply with notice given p ursuant to this chapter within the ime specified , the City Manager or his designees are authorized to cause the action required by ordinance to which such notice had reference. All costs incurred by the City plus an administrative cost of TWenty-five percent (25%) of th direct costs shall be charged against the real property and i s owners or the vehicle owners. 6-5-42: NOTICE OF COSTS If th City incurs costs taking action required by this chapter, a statement shall be prepared for the entire cost plus Twenty-fiv p rc nt (25 ) administrative costs , and be m iled by certified m il, re urn receipt requested, to the v hicl own r or proper y own r or occup nt with instructions tha said st t m n w~ll b p id in full plus costs within thir y (30) d ys of s id ma~ling d e. The notice shall also inform he -8- • I • ~ ~ • • • .. property owner that the failure to pay the statement for costs for litter or weed r e moval within sixty (60) days shall result in an ass essment being made against the property wh ich shall constitu te a lien pursuant to Title VI, Chapter 5, of the Municipal Code of the City of En g lewood. 6-5-43: ASSESSMENT If the full amount of the statement relating to weed or litter removal from realty i s not paid within sixty (60) days, the City Manager shall di rect the Director of Finance to assess the entire amount of the statement plus an addit i onal Fifteen percent (15%) penalty against the specif ied realty. Afte r assess- ment by the Director of Finance , a copy shall b e s e nt to e ach owner of record o f the assessed realty . The assessment shall contain a legal description of the premises, the expenses and costs incurred , and the date for litter or weed removal, and a notice that the City claims a lien for this amount. Th e Director of Finance shall certify such assessment to the County Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected . 6-5-44: ASSESSMENTS A LIEN From the date of the assessing statement, all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays , mistakes , errors or irregularities in any act or proceeding authorized herein shall prejudice or i nva lidate any final assessment; but he same ma y b e rem died by the Director of Finance, as the case may require, upon appli cation made by the property owner or oth r interested person . Wh en so remedied, the sam shall ake effect as of t he date of the original assessment by he Director of Finance . 6-5-4 5 : APPEALS Any vehicl own r or property own r or occupant may appeal, in wri ing, to he City Ma nager within five (5) days of his receipt of no ic , sta ement of cos s, or assessm n . Th pp al shall conta~n the ppellant 's nam and address , h d cision being appe led, and a bri f explanation wh y the appellan should no b required to comply wi h the docum nt appealed. The Ci y Manager or his designee m y m et informally with the app llant to exchange n cessary information and shall issu a d cision in wri ing o the app llant a h~s addr ss s at d in he app 1. -5-4 : OTHER REM DIES unp id ch rg plus 11 cos s cons i- du he City. Th dir c- 0 Ci ·y M n g r , of h • I • • - ( ' • • • ----"";....-...._...... City to recover such charges, costs and penalties. This remedy shall be cumulative with all other remedies, including prosecu- tion in Municipal Court for each violation of this chapter. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent juris- diction, such portion shall be deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the remaining portions of the Ordinance. Introd uced, read in full, and passed on first reading on the 17th day of August, 1981. Published as a Bill for an Ordinance on the 19th day of August, 1981. Eugene L. Ot1s, Mayor Attest: ex offic1o 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of August, 1981. Gary R. H1gbee -10- I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA ITEM SUBJECT INITIATED BY Department of Community Development Directo r ACTION PROPOSED Ap p r oye Bill for Ordinance on Weed Litter and De r elict Vehicles. BACKGROUND: The a ttached bill pr opos e s chang es to existing s e c tions o f th e Munici pa l Co d e rel a tin g t o t he weed s, li t ter and dereli ct v e h icles. Th e se chan g e s .re b e ing initiated beca u se the present codes de al ing with th e s e t hree subj e cts are in conflict a nd the pro c edure s fo r elimin a t ion of the pr ob- lems are not consistent with each ot her . The major hanges include the following: l. Th e h eight of w eds which is cove r e d by th ordinance is reduced from 8" o 6". This is sug~ested because many weeds such a dandelions and bindweed mature a 6' or l ss. 2. The leng h of tim for complianc is reduced to fiv (5) days. 3. 4 . • throughou he pr s nt ordinanc and is not consistent. tions, t n (10) days ar given and in oth rs thirty (30) rant d for compli nc . It is the opinion of staff h t fiv (5) dav is ampl tim for correction of the viol ions and it is par icularly necessary in cases of larg amoun s of trash and garbag which ar a h alth hazard. co or non-compliance h ve been increas d from 151. for the to 25% and from 10% for penalty and interest to 157.. not b n incr a ed since 1965, so i must be adjusted h City's cost. Cl arly, we still d> not r cov r our p rmit th City Manag r and Dir c or s without th City Council h ving to own er may p p eal the ssessm n o I • • • • • • 5 . The ordinance rev1s1on s clarify the defini t ions of derelict and hobby v ehicles. It limits the number of vehicles permitted J t e 1ch property a nd defines the method of storage. The present ordinance js not clear on this is sue and only addresses inoperable vehicles. Th e City Coun cil had several questions about the ordinance, and the fol- lowing is offered: 1. Length of Time for Processing . 2. 3. Th e proposed ordinance will greatly reduce the t im from the n otic e of violation to the resolution of t he p r oblem . The staff will also b e initiating a new bidding procedu re to replacP the present b i dding procedure which involves invi ting b ids on each ca&e as it comes up. The n ew process will involve accepting bids once 11 late Spring, which will result in the establishment of fees fo r the weed and litter remo v al during that Summ e r season . Ci ty Cost of Administration. The staff has calculated the "true" cost to administer the weed and litter ordinance . Based on the time of the Code Enf orcement Division and the Finance Department, it is estimated that each c ase costs ap- proximately $80 to resolve, assuming that the case was not resolved by a mere notice to the property owner to remove th li tter or cut the weeds . The staff is suggesting an increase in the charges to the property owner, but this will still not cover our administrative costs . The increase in charges bring Englewood's fees higher than those in other cities . Problem of Continual Offenders . This issue will be addressed by filing in court against the property owner if the violations continue . SUGGESTED ACTION : MOVED BY ___________ _ SECOND _____________ ___ YES. ___ _ NO ______ -JA~B SE NT _________________________ ___ • I • • • • • • • 8/10!81 WEED AND LITTER ORDINANCE ADMINISTRATION. Estimate of Administration Cost : Code Enforcement Officers : 4 hours per case if cut or remov ed. Finance Staff: 2 hours per case . Code Enforcement at $12/hr $48.00 Finance ~taff at $12/hr c $24.00 (clerical, computer) $72 .00 Total per case : Personnel --Film and mailing Comparison to Program Cost Average Bill $72.00 $ 8 .00 $80 .00 $100.00 Propos to charge 25% after weeds cut, so tot 1 bill is $125 .00 . If put on tax bill, add another 15%; total bill to property owner would be $138.75. Th City would receiv $38.75 to cover our dminLStr tion costs when our cost is closer to $80 per c s . I • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1981-- A BILL FOR COUNCIL BILL NO. 74 INTR ODU~ BY COUNCIL MEMBER ~ AN OR DI NANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN , BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS , PROCEDURES AND REMEDIES THEREFOR. WHEREAS , it is necessary to provide procedures for the removal of litter , weeds and derelict vehicles in order to maintain the City free from such debris; and WHEREAS, it is appropriate to provide a common procedure for the control and removal of such items in order to aid the ease of administration of the laws of the City of Englewood; and WHEREAS, the enactment of an ordinance on this subject will contribute to the health, safety and welfare of the citizens of the City of Englewood. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Chapters 3, 5 and 7, Title VI, o f he 1969 revised Englewood Municipal Code are hereby repeal d and a new Chapt er 5 , Title VI, is added as follows: 6-5-1: TITLE 6 CHAPTER 5 LITTER, WEEDS , DERELICT VEHICLES AND HOBBY VEHICL£S DEFINITIONS As us d 1n his Ar icl , unless h con ext o hcrw1s r qu1res: (~) "Bus1ness proper y" is r 1 prop r y sud1 s "!;or ( IJ) wh1ch is used principally for the sal or lease of merchandise, goods , services, or interes s in land nd wh1ch 1s g nerally r cogniz d as a re i l or whol sale business. • y, d I • • • • • • • • (c) "Derelict v eh1.c le" shall mean any vehicle, he owner of which cannot readily be found, not capable of being legally operated on the public streets under the motor vehicle laws of the State of Colorado. It shall include all vehicles missing wheels, missing or broken windows and/or windshield. It shall no t include those vehicles whose only deficiency is lack of a current license plate o r safety sticker and those vehicles in process of or hat have been modified as hobby type vehicles . (d) "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparat ion, cooking and consumption of food . (e) "Hobby type vehicle" is any vehicle of th followin g type in the process of being bu ilt , restored or main- tained as a diversion from one's r egular occupation for the purpose of relaxation (aircraft, boat s , classic cars , expe r imental cars, off-road vehi cles, race cars, and derelict vehicles). (f) "Litter" is "garbage,""refuse," and "rubbish ," as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to crea e a danger to public health, safe t y and wel fare . (g) "Noncommercial handbill" is any printed or reproduced pamphlet, leaflet , or similar device or sample , or any other prin ed or otherwise reproduced original or copies of any matter of similar type literature not included in the foresai d definition of commercial h ndbill . (h) "Own r" shall include the record owner, wh h r person, firm or corpor tion, ny agent or repr sent tiv of the record owner . (i) •priva e prem1.s s" is any dwelling, house, building or oth r s rue ure, d si n d or used, ei h r wholly or in part, for pri v, t res1d n i 1 purpos s, whether inh bi d or empora rily inuously un1.nh bi d or v c n , nd sh~ll includ ny y r , rounds, walk, driv w y, porch , ( j) s 'PS, ves 1bul or m ilbox b lon ing or ppur en n o such dwellin , house, uildinq, or o h r s ructure, nd privat 1 nd on which no building exis s. Private pr mis s includ s busin ss prop r y . -2- • I • - • • • • • (k) "RubbLsh " 1s nonp utres c ible wast e onststln•l o:' L''C'l col'lbust ibl e :tnd noncombustible \•astes, st:..:h ,'\S ;.'aF•'t·, wrapptngs, ctgarettes , ca rdb oard , tin ·ans , yard ~lip pings , leaves, branches, wood, waste building mat~~lals. glass, bedding, crockery , household furn1shin q s and similar materials . (1) "Refuse " is all put r esc1b le or nonputresc ible wast ' including garbage , rubbish, ashes , street ~lean1 1'1, dead animals, offal, droppings, ab::tndoned applLan...:c'S, and vehicle pa rts . (m) "Tr sh con t aine r" is a c losabl e ...:ontatner of m~tal, wu0J, or p lasttc. (n) -5-2: I 15 "We ed " shall mean weeds, grass , brush, oro her 1-111k L'r noxious ve ge tation whi ch is in excess of stx lu) 1n~hcs in height and snall specifically include : Binjwe cd (Convolvulus), Leafy Spruce (Euph rbta Esulal, Canada Thistle (Circtum Arvense), Rus:nan Kna p w ~ed (CenLl urc'.l Pt e ris), Perenn1al Sowthistle (Sonchus Arvensel, Punct ur e Vtn e (TrlbUlUS Terr es trt s), Silver Leaf P vertv Weed (Franseria Discolor), Mou sseear Pover y W ~ed (~htaspi Arvense l, ~lustards (Brasstea), Purple-flow<.'red t;r ound..:h,'rry (Quincul Lobata), Russ1 n Th1stle (Sals la P es t1 e r), Fire weed (Kochia Scoparta), Redroot Pigwe ed (Am.:tranthus Retroflexus), Sandbur (C e nchrus Tribulo1des), Hairv St1 ckweed (Lapp ula Oc identalls), Buffal 'burs (Sol,1num Restva um), Common R qweed Ambros1a Ela 1ov , Coc lebur (Xan h1um Co mmurie), Common Sunflower (Hell:tn hus Centl ular1sl, Dandelton (Leon hodore T vaz.cum), or o her plant o r offend1ng veqe a ton whtch 1s re01rded a common nuis nee. This l1s 1s no 1n enJLd o le rather is 1nt endLd to be 1nd1c. IV<-' of lants wht ch ar cons1d re nox1 a o the publtc heal h anJ lower gard ns, lo s o ·mall ora1n plo (wheat, DECLARAT10 -3- o s or law whtch u y, health and well-t 1rH1 wood by proh1b1 1nq .ccumult- w lt!Hn h C1 v. e re.pons1bl0 tor 1 ton from th, t'< nt 'r I I<' o h • I • • • • • • ANTI-LITTERING PROVISIONS 6-5-3 : LITTER -GENERAL PROHIBITION No person shall throw, place, or deposit litter in or upon any public place within the City except in trash containers. 6 -5-4: LITTER ON PUBLIC PROPERTY No person shall throw or deposit any litter on any public street, in any public park, or in any public building within the City e x ce pt in trash containers. No p erson shall throw or deposit any litter in any fountain, lake , bay, stream or other body of water within the City. No person shall affix any poster, notice, or like devic e to a ttrac t public attention, to any lamp post, public utility post, t ra f fic c ontrol device , tree, public struc ture or build i ng except as may b e a uthorized by law. 6-5 -5 : LI TTE R ON PRIVATE PROPERTY Th e own e r o r occupant of private property shall cause the remova l of al l acc umulated articles of litter and place said litte r in a trash containe r. Litte r shall be taken to a n a uthori zed site f o r di s posal. Th o wner or occupant of private pre mises wi th i n the City s h all m 1n t a1n s id p r emi s es f r ee of l it t e r and prov i d e t r ash conta1n rs th r efer. o p rson shall th row o r d p os it li t t e r o n a n y occ u pied or vacan priv property wi th i n the Ci y . -5-6: LITTER 0 BUSI ESS PROPERTY or 1 ssee o bus1ness proper y is authorized and r sh cant in r t convenicn places for h t r by busin ss patrons. Th o wn r or occupant of 1 88 und8 , 8 ny p r8on hat 11 li te r d posited i n his pl cad in trash contain e r s -4 - prop r y m y prohi b i h r icl s , n d di rib u ion o f busin as p r m1ses or in h com- • I • ...... • • • 6-5-7: LITTER FROM VEHICLES No driver or passenger in an automobile, motorcycle, bicycle, aircraft, or other vehicle, shall throw, place or deposit litter upon the public streets, other public place, or private property. No person shall drive any truck or like vehicle in the city unless its contents are covered or loaded to prevent them from being scattered or if the wheels or tires carry any mud, dirt, sticky substance or like matter into a public street, alley, or other public place. 6-5-8: DISTRIBUTION OF HANDBILLS No person shall distribute or sell any commercial or non- comme r cial handbill , advertisement , or similar literature in or upon a street, sidewalk, parking lot, or other public place within the City; provided, however, a person may distribute free to the receiver a noncommercial handbill to a person willing to accept it. No person shall distribute any handb ill or similar literature upon inhabited private premises except by placing said items in a manner as to prevent them from being blown or drif ed about the premises. Mail boxes may not be used whe n prohibited by Federal regulations. No person shall distribute any handbill or similar literature to emporarily or continuously vacan premises. No person shall distribute any handb ill upon private p r emises if requested no to do so by any person there or by a sign bearing the words "No Trespassing," No Advertisem n s," " o Ag nts," or similar language. The prov~sions of this section shall not apply to th proper distribution of mail by the United States or to deliv ry of news- papers which re legal publications , provided tha newspapers shall be placed on prop r y to prevent their b ing c rried away by he elements. 6-5-9: LITTER PLACEMENT IN TRASH CONTAI ERS Persons shall plac lit er in trash con iners to pr vent it from being c rried or scattered by h lem nts upon public or private proper y. Persons sh pl ce tr sh contain rs on ny public stre t, all y, sid w lk oro her thoroughf re only on r gularly scheduled pick-up or coll ction days nd only in m nn r no to obstruct vehicular or p d s ri n r ffic. -5- I • • • • • .. 6-5-10: RE MOVAL OF LITTER TO AUTHORIZED SITES All litte r co llected by any person shall be take n to a site a uthorized for litter d i sposal or be placed on regular trash co llection days for collection by trash haulers licens ed by the City of Eng l e wood. No pe r son shall engage in the business of removin g or hauling litter in th e Ci t y without first obtaining a lice nse . A nontransferab l e license shall be issued upon the annual payment of $5 per vehicle. 6 -5-11 through 6-5-19 RESERVED ANTI-WEED PROVISIONS 6-5-20: CUTTING AND REMOVING WEEDS Every owner or occupant of realty shall cause to be cut all weeds exceeding six (6) inches in height growing there . The weeds shall be removed to some site authorized for the disposal of litter. 6-5-21: PUBLISHED NOTICE TO REMOVE WEEDS When the City Manager determines it may be necessary, the Director of Finance shall cau se to be published in a n e wspape r of general circulation in the City a notice wh ich shall be s ub- stantially in the following form: TO ALL OWNERS AND OCCUPANTS OF LAND WITHIN THE CITY OF ENGLEWOOD : Notice is hereby giv n that all weeds within the City of Englewood must be cu down , destroyed and removed on or befor th (da e to be inserted by the Direc or of Fin nee --not 1 ss th n five (5) days after th date of publication) of his y r. no ~ce on or bcfor the d parties responsibl personally liable for cos of cutting, destroying, nd removing he same , plus Twenty-five perc nt (25\) incident 1 cost and Fifteen percent (15%) penal y and int res , which cos s, pen lties , and interest may b recovered in p rson 1 ac ion against such parties or m y be levied and collec ed against said 1 nd in the sam mann r as other t xes r 1 vied and collect d. -6-I • • • • • Parties failing to comply with this notice may be subject t o a fine or to imprisonment not exceeding ninety (90) days, or to both such fine and imprison- ment as impo s ed by Title I, Chapter 2, of the 1969 Englewood Municipal Code, as amended. This notice is given in compliance with Section 6 -5-21 of the Englewood Mun icipal Code . 6-5-22 through 6 -5-29 RESERVED 6-5-30 : ANTI-DERELICT VEHICLE PROVISIONS VEHICLES IN RESIDENTIAL ZONES No person who lives in a residentially zoned district shall keep a hobby or derelict vehicle, under construction or not, un- less it is stored in a fully enclosed garage or similar structure. A person may store the vehicle in a carport or open area if he keeps the vehicle and its parts covered with a canvas or other opaque covering . Storage or covering is not required when the vehicle is act ually being worked on . No person shall build, store, or maintain more than one derelict or hobby vehicle outside a fully enclosed ga rage at each residence in the City. A person shall not take parts from one v ehicle for use on another vehicle or for resale on his premises. No person shall store or work on any hobby or derelict vehicle within his residence required front yard or any adjacent rights of way. No person shall work on a hobby or derelic vehicle excep between 7:00 a.m. and 9:00 p.m. 6-5-31: VEHICLES IN BUSINESS ZONES No person shall keep a hobby or derelic zoned district unless 1t is s ored in a ully or behind he principal struc ur in an area scr of dj cent proper ies and public rights of way. No person who prlncipally uses as a r sidenc property in business zones sh 11 k ep more han one hobby or der lict vehicl on the proper y. 6-5-32 through 6-5-39 RESERVED 6-5-40: VIOLATIO S: NOTICE -COST ASSESSMENT-REMEDIES Wh never i or v h1cles xis is found within -7- ds, ccumula ions of li ter, in viola ion of his ch pt r, • I • • • • • the City Manager or his designee shall have posted upon the realty or vehicle an appropriate notice in substantially the following form: TO THE OWNERS AND/OR OCCUPANTS OF THIS PROPERTY: NOTICE There exists upon this property (weeds) (and/or litter) (and/or derelict and/or hobby vehicles) which have not been (removed) (disposed of) or (attended to) in accord- ance with Title VI, Chapter 5, of the 1969 Englewood Municipal Code. Notice is further given that unless the same are (removed) (and disposed of) (or attended to) within five (5) days from (date of posting of notice), the City of Englewood may cause the same to be (removed) (and disposed of) (or attended to) in compliance with said chapter , in which event the owners and occupants of this r ea lty or vehicle owner may be liable for all costs , expense s and penalties as set forth in Title VI, Chapter 5, of the Municipal Code of the City of Englewood, including the assessment of a property lien for the costs incurred. 6-5-41: FAILURE TO COMPLY WITH NOTICES If any owner or occupant of real prop r y or vehicle owner fails to comply with notice given pursuant o this chapter within the tim specified , the City Manag r or his designees ar authorized o c us the ac ion required by o rdin nc to which such notice had r ference . All costs incurr d by th C~ y plus an adminis ra of Tw n y-five p r c nt (25\) of he dir ct costs sh 11 b against h real proper y and i s owners or the vehicl 6-5-42: NOTICE OF COSTS If taking ction r quired by this stat m nt shall b pr p red for th ntir cost plus Twen y-five p rc n (25\) administrative cos nd be mail d y c r ified m. il , r turn r c ip r qu st d, h v hicl own r or prop r y own r or occup n wi h ~ns ions th s id st tern n will b p id in full plus cos s wt hin hir y (30) d ys o s id m iling d Th no ic sh 11 lso inform h -a- • I • • .. • • • property owner that he failure to pay the statement for costs for litter or weed r moval within sixty (60 ) days shall res u lt in an assessment being made again st the prope r ty which shall constitute a lien pursuant to Titl e VI, Ch apter 5 , of the Municipal Code of the City of Englewood . 6-5-4 3: ASSES SMEN T If the full amount of the s t a tement r e lating to weed or litter removal from realty is not paid within six ty (60) days, the City Manager shall direct t h e Di r e ctor of Finan ce to assess the entire amount of the sta ement plu s an additional Fifteen perc nt (15%) penalty against the specified realty. After assess- ment by the Director of Finance , a copy shall be sent to each owner of record of the assessed realty . Th e assessment shall contain a legal description of the p r emises , the expenses and costs incurred, and he date for litter or weed removal, and a notice that the city claims a lien for this amount . The Director of Finance shall certify such assessment to the county Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected . 6-5-44: ASSESSMENTS A LIEN From the date of the assessing statement , all assessments shall constitute a perpetual lien a g a i nst the specified realty and shall have priority over all lien s e x cepting general tax liens and prior special assessments . No delays , mistakes , errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final a s sessment; but the same may b remedied b y the Director of Fina n ce , as the case may require , upon application made by the property owner or other interested person. When so remedied , the same shall take effect as of the date of the original assessmen by the Oirec or of Finance. 6-5-45: APPEALS Any v hicle own r or property owner or occupant may appeal, in writing, o h Ci y Manager within five (5) days of his rec ip of no ice, s tern nt of costs, or ssessmen The appe 1 shall conta~n he appellant 's n me and addr ss, the decision b ing pp led, nd a br~ f explan tion why th appellant should no b required to comply with the document appe 1 d. The City Manag r or his d signee m y m e ~nformally with he appellant to exchange n c ss ry information and sh 11 issue a d cision in writing to th app 11 n his ddr ss s d in the pp 1. -5-46: OTHER REMEDIES Any rg plus 11 costs nd p nalties shall cons i- ut d City. Th Ci y A orn y shall, h direc- ion of n g r, ~ns i ut civil SUl. in th 0 h • 0 I • • - • • • • City to recover such charges, costs and penalties. This remedy shall be cumulative with all other remedies, including prosecu- tion in Municipal Court for each violation of this chapter. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent juris- diction , such portion shall be deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the remaining portions of the Ordinance. Introduced, read in full, and passed on first reading on the 17th day of August, 1981. Published as a Bill for an Ordinance on the 19th day of August, 1981. Eugene L. Ot~s, Mayor Attest: ex offic~o 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 a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 17th day of August, 1981. Gary R. H~gbee -10- • I • - • c • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198'1 ____ _ COUNCIL BILL NO. 72 INTRODUC BY COUNC IL MEMB ER { 6- A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF £ GLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWA YS, O~CERNI G MAINTENANCE OF TRAFFIC CONTRO L DEVICES ON STATE HIGHWAYS WITHIN THE C ITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is desirous of entering into a contract with the State of Colorado, D par ment of Highways, which requires the City to maintain traffic con rol devices on state hi ghways and rec eive payment from he S ate of Colorado. NOW, THEREFOR E , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and maintenance of traffic control devices whereby the Ci y shall install, operate, maintain, and control, at State xpense, traffic control devices on s ate highways within the City of Englewood, whic h contract is attached hereto, consisting of seven (7) typewritten pages , and incorporated herein by referenc Said c ontract provides as follows: 1. The contract dated July 31, 198 0 is null and void. 2. The City , as contractor for th S ate, shall the manpower, equipment and services necessary to op ra e m in ain cer ain traffic con rol d vices on state highways the Ci y lim~ts, as de ermined and directed by he St provide nd wi h1n 3. The City shall notify the Stale of thos d v1c s m ~nt ~ned. 4. The total cost for said s vic s sh 11 b p i by h St e o the City and sh 11 no exceed For y-fiv Thous nd Dollars ($45,000). Thera s charg d by the City for said s rvices shall be as sc for h in Exhibit B of th con r c 5. Th raffic con rol d vic s sh 11 conform 0 h "M nu 1 on Uniform Traffic Con rol D vic s" nd h "Co lot do Suppl m"nt". Th s c r s rv s lh righ 0 monJ or ny d flci ncy to b brough into compli nc wi hin • 7F I • • • • • time, and the State reserves the right to correct any deficiency and deduct the actual cost therefor from the payment to the City. 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions included in said contract include approval by the State, availability of State funds, bond require- ment, minimum wage, discrimination and affirmative action require- ments, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoever in said contract. 11. Said contract shall remain in effect until such time as State and City desire to change the rates as shown on Exhib1 B or change the total charges as shown in paragraph 4 of said con- tract, which desired changes shall be submitted to D1strict Engineer by March 1 of the designated year. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said contract for and in behalf of the City Council and the City of Englewood , Colorado, and he Director of Finance, ex officio City Clerk-Treasurer, a es the same. Introduced, read in full, and pass d on f1rst reading on the 17th day of August, 1981. Published as a Bill for an Ord1nance on the 19th day of August, 1981. Eugen t. b 1s :-Mayo_r __ Attest: ex o -2- • I • - • • • • I, Gary R . Hig b~e , ~x of ficio City Clerx -Trcasurcr ,: the City of Englewood , Colorado, hereby certify t hat t he f~~c~~:~~ is a true, accurate and comp lete copy of a Bill for an OrJu:.1.:::~·, introduced , read in full, and passed on first re adino on the 17th day o f August, 1981 . Gary R. HH:bec • I . • - • • ': ... ·, 'I ...• t _I ~r ... LU .uJ: /~11 \I L • Cu, I fl \( I' .... ~ (;l'.j ,i!'\ r,1 .J• .:... 1 i ·L ~~ • f :,~t ,,,..;J,) l , 1° •• :: J I :-.• .: •• 1 ,, I ~ t lHv >J.O ;J ~~ .l•t i\, t . l-o:'m;.fh·r rd.·rrd '"' ~' 11. St ;,• .... .t ~,.; 1 (}I ' \"i11 F£:Ffl.$ a•11' .... !)' ·-~ t > ,, 1' • ,.,., i'l' ·1' ··! QVJ i: • ."•h r: 1a ~~ ~· ~I' ·'"'r··-' : ol l 1 f 1 G,'l. ;\:~~U~I r:4;.,'}:-r.) ., ~~ •• , • . ....... \',~::"~21\ , 1:.-tjU o~J :::;>,.;, 1, !t.,. _,. ::;c;:.:1 .. ~. O.'l J 0 .... l: J, 'ol \1 i' Uo l,.< ',I ,, .. , I J;'l·-·! ... , .. '11 1 :·1 'l'' 42-4-502 , 4J -l -106 , qJ-2-lU /, 4J-L-1JJ ~,J ~J-t-1~~. C.K J. JY/J , , •• .;:>:l !J_ 1 July ..... , .. 1 ,. ,. -. . ., . .JJ, J • r J t: ... 1. The c~lltr act J~LcJ dccl ;rrcd null emu vol,l. 2 . The CLly oc T•'':n ,,. I'O:Jtr.1Clo nr t !"t te, t' ·H')("' ..... c.,., r~ !1, .,.t n t n • 1 "'j, f j 1 { ,} \ 1 d ~ 1 .... t '· ' .. h 1 t • cJ tl • ~ in J n I ,, ' t t'> <;t • '. tn r • ,, 1 :". J. l:, I .. '" t .. 1 f I' l 0 l 1 r h'' tr•M n' tl1 l!'t r tr •t • I • • • • • "~ti lillnJ'.hibtt "B", providt.d lhut the tot1.1.l L:IIL:J ... '!t t o L::! pClid by lh c StdlC du=in ·J Cd~~ fi ~~tl )'Llr or th~ cc tr.:t ::t tern shlll no• ''""'! ...... 5 1 3,"lr:0,.,1_ t lu·uuyhout l hc l -:...-.. 1 of th L .. ...:.,).~t. ... ,;~ ... ,.U .ih.lll L~ sub J .... \.!t lo bL.:li~ ,~uU:it .. l t uny lia _, uutin; norrul bu3incso hours. 'fhc Contractot will b.1ll t.ho SttJ L mon thly according to the r at,"'..> as st-t.. forth in F Y.hi.bi t ''9", an1 th"' .St~l ... \·:ill p !J S"~h bill s ui th i n 6 0 ddys. S. Th e tra ffic cant ol d ~vic es shal l b ~ rr ln a inPd in conformunc(! \·l i'lh appl i:::--!>1 ~ portJ \lu..., of th:! "llll"lu.."ll on U:d :o._7,, Tr."'lifi-(';j:'l ... ~1 0.._ wt..·._.J " a .• J 7. col l C"c tiv cly un th~ .. llJ.n · .. ul .. and llCOrporatC"d h e r ein by r~r~rcnc qu~lfty o .. J a~ ~·n 1 .......... t:Od"'r t!ais to tho ottf'ntin n of ll.~ Contrc1~t.:>r an1 a rc..i- aon~bl t tnc will b o allowed !or co~~liJnce. In tho rvcn t tl~o C"O~lttdclor , fC\r il;sy retu-; 11 , oo, nvt o .. · C".l. ~1..>~ (,...:..) J}:f, "~ s~. t re .... r ...... th ... g!'l.._ to .> the \,.._~:.,1~ "• h~\: ti. \ hK UJu l•t l.llh 1!1 and d J •. ct th .. l u I <"0 I f I o th pay nt to th C"• t 1 tor. Th~ Contrl':ctnt \ "1 f'O" l r t"")"d. l ' t o t i I ,J: l')rt ~ "I' n liiP ,,., C)\IJ~)' of lhr t nd· t f n l~"!'l. S ~or .r vi w l •1 ' ~ lnt 11 n l tie. .. b ... 1n 1 n ont t<•l () ' I olh 'I' r ., ~ lit.:. ' I r!oam '' II • " ) l n 1l tl lh I' •• I In· I,., ;r• 11 h nl 0. ., h (;r),l I J I " \II 1 I I ) I I " ... t J f I r t"' ,c, dl ' • I • • • • !' I • , l I ~ \ • .J U\..llU 1 .; U l -. ,, .._~. '-' 9. 'J h.! U.iv j~ir.u ( f il i;J.•.1·:,·~~ \ i!l , l.J .JJ~.t l Di o t.r ict EA'lgin ::-~-• ~ ~...1 1 r'""'~:; f o,. tid ~· c :1• r t. i s : ------------------------- 11. Thi.:; r cn tr~~:ct s h a ll r c rrn i..n i n c ffr-cl nnli l ~u <·h lh \s contrd ;;:t \!ill b e vo icl ~<l ond rn., contract 0 aign0d. Should chc.tnj'C!l in r tc-3 C! d~.,i r c d , a I • • • • ATTJ::ST : ~1!>~-------- APP ROVED : D.\ll S. I·!:II TT.:':.)~ State Co n trolle r llj ATTE ST : • • • STATE CF CJI fl" '") r+C'I.\:!J) T) L"'' .. i tO\' "' ·)'{ STAlu i;.:.:'A-.'f!.:E.t:T c,-mr:-·'YS JACK KTt;STLl ::rr.R EXECU J ll't: D1P-...C7t.lR IH VISIO, OF ti!Gm:AYS By ~nT"~'JV['): J. il. ~~\C .~ .1...'_;1 A lt~l»-Y G_.cral r., ----- n w or E ':~wnno ----------- • 0 I • • - ( (I) (Z) (3) (4) (5) (6 ) • • • • ( c Cl T't ~r D .\i~ _____ J ~ 2~- EX IfWJT "b" --:1\iCS FO ~ T't\FF!C C~:., .. ul IJ.Vlt..LS Trdfl oc SlgnJls• lr.~cg•; -y S1~oah s~· .. ;')hn1 St•tlons S i~nin3 Strir1r3 S13,1n) cn 1 Stripl~J 111 .('"1 'r si-no l v~r r..o nth P"'r sr-..,PlC"r l o-'ltinn W'r f"'"')f\ h --------------------~ • I . • • • ........ 6 \( ,J .1 "''lll I \l 1'1\.V\ 1.>1 ()'\.., 1.1 t 'L .. -~ i .• J '•· I • " • ·' d I 1r"..o •• , II ~ . lt: ol ., '" '"·-•'•''• J:..L-t ........... t .. ..,;, .. 1;. ,· ,,, 2 •••• ·-' .~;it::li LO:huf tl.e St.tt ~ pt, .. 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I .. 1 ! ,Lo,;, p·v.~> .. 1 .•• 1·-·•-11..;: • .. :1 .. -i-n~ torr;.~:-C"1 .. ~:·::.J.. , .. .; I, !.~...1. -:r, ;:.~t ,; ..! ,., •• ,tt:r: ~ t.lt r ... 1 r b:.-~t :r,, i .... ~..~h,d r; or i ~ d n.:af,,._·J \·, .. :J,I, <;; •.. 1 \·,~o:l t. • .•.. :. ;,,;-¥1\, .: r , J 1 :.;rf .. ( .!,h : .. l i <.,t h1 ,· '--"'·1111 ,.,;! t .,rn. ~, tit: \ ol I,.;, :,.r s .. J)' l ~'iu ' \I li . .! ~;.li.: or l oloJr.:J .t I.J .. ,-,,, 1;1..1 ih h J:t., u-r,t h.t poul, I 1:1.-j,,f .. •I nr dtt c;ta tr: 41ll•llor,do COl OR \DO LA COR rr.t F l ni "-i((. 6 rro,:-.;nn\ .r~J 7 1 I ,.,..10 1 cu~ l •)'~lrr~. 1 .. :-.. ~:t oi (JI J~·..:~t..:· r •· :-r ' -:'•, . .,.,,:"" ·,·:r 1f pa ~:a.: ~o~.orko; : .• ·• r·11 !t.-~~ ·' • ·~.! u:1~ I ' :1 I t'r •· ' r .uJ. ·• !::-:. : •• J 1'1':' • ·~ u: ,., I" 1 1•; ~· 1 1-.. ,J, C.C"<F \L 7 f h• IJ""\ of h: S tJ '~ f•f { ••! H.·.!o .J· J rtl:, a·~d n;ubll•-.,, i ·• J r r t• ·~I 1'· • ·; t .~ ... '1 b~ a;-;o' d tn tht ,.,•o:--rr:-l !''on, f''"1"'•.,-• ;o· J t''"lfJTr::--o~r:r c l t•..., :·J,.._ t \II) r •,.a.l~, or t', .:o:Hn:-1 "-!l~t h:r '~ r 'l r l;··:or;·,r.~td l .•f"'h h) t --~~·~"C! \\: .h p·· ~-l. [ r .::--... ! :::»· h .r) \.".:Jj .. .; I h ,,:) l'lf r:~:--. or\' !1 i ot:·:rm·.t' m ~..::::':.:t \' ~:1 ~1.J h" • rt.:.~ ... I: ' ~, ... '.._,::1 •-.:-'' .. J r: 'I J '-.:J '·I'·.::J c:J:-:.·i.-..d n r.:·~y p :vV: ion ;-.. --.·· I l · .. t I, r. :.:-... : :.. :, "' : t..1 a·.--t' :· ·; ~-.l f:v .. .!:1 n \.:.;:!:: C f ;:) r":1 •':;;:J t • U!,,! I ~ .. •l'.: .... ~ ': P ,.; 0 : ol \I • T ~) \\ o..f ,:.,;, <·"• ,.i, <1~~.:-::·.t' c: c :!'::n\,#:o >\:; ;-:-.... ~~n r ::!:-t:.l r-.__:1 ... \,1 .J bi 1 ;-"!',.,,, .... :J ~-I .: •.• rt..~ .. o~.t;l ~~ .. J u .. : ,, \ .: .. L r:- lbC! rrnua;t ::l!'r or rt·,, .~:.;;,. .. ,co l h. ~ 1. t t i..,r .1.-~'--' _,,~.,,,, .. ..1p.~o ! .. "''c.:. •·Gil k rh.· ...:_enJio•Mt'\ h 'Ct.J au•r l h 'I th · ~ ••r bn~tl..Jt \'<llh 1\' \J I tf q (n~.t \ and (,.t:Upl 1 ~nOJt'~O.t'1) :u·d I s -:ot tt W'-4 f \ltu·il. o r 1\.blt( Oft I ( R " , .... ' .. am.:f!dd ' J t! Jl n I\ I •1.JI '"of \t,.h 1•101 '~I p ~.;ttnt ,· .. I, I II \i ,llll Conluch""lr • 1 \l,ltl\t I ), .. ,~···· '·"'~ .. , \I l U it'\t \ (.1 'I K \1 .. • 0 I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I Q N DATE AGENDA ITEM SUBJECT Au ust 4, 1981 Traffic Signal Contract INITIATED BY Kells Waggoner, Director of Public Works ACTION PROPOSEDPass ordinance authorizing the Mayor to sign contract. 1--------------------------------------------------------------------------------- • Background The City has a contract with the Colorado Department of Highways to maintain traffic signals, signing and striping on State High- ways in the City of Englewood. A change in the provisions of the contract requires a new contract. Submitted herewith is a new contract whereby the City receives $114.09 per month per signal compared to the previous $102.78. The total contract price changes to a $45,000-not-to-exceed con- tract instead of $43,000. Reconwnendation To approve the new contract. The old contract was approved by Ord. No. 18, 1980 • • I • - c, I • • • C 0 U N C I L C 0 M M U N I C A T I Q N DATE AGENDA ITEM SUBJECT Au ust 4, 1981 Traffic Signal Contract INITIATED BY Kells Waggoner, Director of Public Works ACTION PROPOSEDPass ordinance authorizing the Mayor to sign contract. BAckground The City has a contract with the Colorado Department of Highways to maintain traffic signals, signing and striping on State High- ways in the City of Englewood. A change in the provisions of the contract requires a new contract. Submitted herewith is a new contract whereby the City receives $114.09 per month per signal compared to the previous $102.78. The total contract price changes to a $45,000-not-to-exceed con- tract i nstead of $43,000. Reco...endation To approve the new contract. The old contract was approved by Ord. No. 18, 1980. • I • • • • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Au uat 4, 1981 Traffic Signal Contract INITIATED BY Kella Waggoner, Director of Public Works ACTION PROPOSEDPaaa ordinance authorizing the Mayor to sign contract. 1-------------------------------------------------------------· • Background The City has a contract with the Colorado Department of Highways to maintain traffic aignals, signing and striping on State High- ways in the City of Englewood. A change in the provisions of the contract requires a new contract. Submitted herewith ia a new contract whereby the City rece i ves $114.09 per month per aignal compared to the previous $102.78. The total contract price changes to a $45,000-not-to-exceed con- tract inatead of $43,000. Rec oame nd& t ion To approve the new contract . The old contract was approved b y Ord. No . 18, 1980. • I • • • • • C 0 U N C I L C 0 M M U N I C A T I Q N DATE AGENDA ITEM SUBJECT Au ust 4, 1981 Traffic Signal Contract INITIATED BY Kells Waggoner, Director of Public Works ACTION PROPOSEDPaaa ordinance authorizing the Mayor to sign contract. • Background The City has a contract with the Colorado Department of Highways to maintain traffic signals, signing and striping on State High- ways in the City of Englewood. A change in the provisions of the contract requires a new contract. Submitted herewith is a new contract whereby the City receives $114.09 per month per signal compared to the previous $102.78. The total contract price changes to a $45,000-not-to-exceed con- tract instead of $43,000. Recoanendat ion To approve the new contract. The old contract was approved by Ord. No. 18, 1980. I • BY AUTHORITY ORDINANCE NO. SERIES OF 198Tl ____ _ A BILL FOR • • • COUNCIL BILL NO. 72 INTRODU~BY COUNCIJ.. MEMBER d.J,~ AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF E NGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is desirous of en t r1ng into a contract with the Sta e of Colorado, Department of Highway , which requ i re s the City to maintain traffic control devi ces on sta e highways and receive payment from the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and maintenance of traffic control devices whereby the City shall install, operate, maintain, and control, at S tate expense, traffic control devices on s ate highways within the City of Englewood, which contract is attached hereto , consist1ng of se ven (7) typewritten pages, and incorporated herein by reference. Said contract provides as follows: 1. The contract dated July 31 , 1980 is null and void. 2. The City, as contr ctor for the State, shall prov1de th manpower, equipment and services necessary to opera e and maintain certain traffic cont ro l devices on state highways w1thin the City limits, as determined and direc ed by the State. 3. The City shall no ify he S a maint in d. of thos devic s 4. The tot 1 cost for said servic s sh 11 b p id by th St te to the City nd sh 11 no exce d For y-fiv Thous nd Doll rs ($45,000). Th ra es ch rged by he Ci y for s 1 8 rvic 8 sh ll b s set for h in Exhibit B of he con ract. 5. Th r ff1c con rol d sh 11 con orm "M nu 1 on Un1form Traffic Con rol s" and h Suppl m nt". Th s te r s rv a monitor ny d 1ci ncy 0 b brough in w1 hin r • 7F I • • - • • • • time, and the State reserves the right to correct any deficiency and deduct the actual cost therefor from the payment to the City. 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions included in said contract includ e approval by the State, availability of S ate funds, bond requ ire- ment, minimum wage, discrimination and affirmative action require- ments, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoeve r in said contract. 11. Said contract shall remain in effect until such time as State and City desire to change the rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said con- tract, which desired changes shall be submitted to District Engineer by March 1 of the designated year. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said contrac for and in b half of th City Council and the City of Englewood, Colorado, and he Director of Finance, ex officio Ci y Clerk-Treasurer, at es the s Introduced, read in full, and passed on f~rst r ad~ng on the 17th day of August, 1981. Published as a Bill for an Ordinance on th 1 h d y of August, 1981. Attest: Eugene L. 0 i , M yor -2- • I . • • • • I, Gary R. H~gbee, ex o ff~cio City Clerk-Tre 3sure r ·~ the City of Englewood, Colorado, hereby certify that the ::0 :·~,~-·:" • is a true, a ccurate and complete copy of a Bill fer 3n Ord1 ~a::~~. introduced, re3d in full, and passed on first readi nG on the 17th da y of August, 1981. Gary R. Higbee • I . -• • • :f"' .. l •t ~-•. •t li:CL I:I UJ!'/, 111 1 L r ,j o, •• lo I l•o,a I I '' ~.~ 1. •. oO • Ct~I.J it \( r ~<•· .i (,. -~~~ '\( 1 , I .J L... 1 , 1 c-r .~ 1 •'a.-1 f, ,· .-Jt ,-~;·1 ->f 4.. P T v. >J.0.J ,, II •• 111 '1 • l •• t Ciil;'l h r t r:-f, rreJ '"' .l 111. 1 .... • •. d t• , ( 1 11 Ll ,,, )\\. h1 rr:.F A~. :.·•'' ... ;ty .... ";, t '. J ... , ;,· 1 r ''! 1 tl•· ' :~VJi:.;'·!•r :13•.•r:'::· i•• "'r··-'-r -1 '' ... t ··(1 G;t. A :c ~un l r ~ . .u .,':::-r • ., 'J ~'1 , ": ··-• ·•· '•J~ • •· \',f::"'~GA<;, '~lu ~·J ::l;-.->. :, :~ ... ~ . .: ;.,,; ::;r=:::;:o , :1.1 J '. ' . I .... : l;"l .• I .. ' ... , r> '1l f 1·1 .... r.·• ... 1 '1 , f'l l '1 ' ,.~~ ,·,.1 , . ,, . .. . ~ . .I' .: 1. The c o .tt r ;~ct u .. cJ __ .1 Jl 'l 3 1, L:lJ decl ared null ond void . L ... iu. l"..vy , .. • - • • • • "B", pJ.:ov i.d:..d lhc1t th e to!.;~l t..::-JoJJ-:.P'fi t o b~ p.1id by the Stdtc clu!"ill 'J eo~··'• !i -:: tl y._.Jr o.r l!'·c cc .~- tlll~OU<j hOllt lhc t ..:!l: .. l O[ lhl..,. "'..l dtJ·u.;l: .:::u] ..;h .. lll l.l ::! s ubj .J cl:. tu !::ti .. .:Jt~ uud it .It ... my lH .• JutinJ n orm..1l busincsn hours. 'fhc '"ontr;Jc tot will b.1ll U1c Stat.e m:mthly "'ccor.ding to th ~ rat ~ .J as s~t forth in FY.hib 'i..t ''B", un-i th .... !: .. at.·~ \·Ji ll p y s•· .... ~ bill s ui th in 60 d•7s. S. Th e trnffic control d ~vic e~ sh~ll b ~ rr~int ~in e d in con!orm~nc'1 \'lith appl i::_!:l l e port1. nJ of lh.:) "Hil,U.ll O:l Un" ;o._;.l 'i"r:1.Lfi~ C"~ .. "' ... ~,:,l D.! ... ~.:..!J 11 \l ... J th~ uCOl:>r .... ::!o ~h.:F pJ.c; .. _.-'l{:." "-;l:!1.·c t~, L~~C'I"lCd t.o collectively ns th3 "thn ..l itl" und incorporalcd herein by r~f P r e ncc. t o tho attentio n of tiJ.:l Contruct.,J r and a 1 ..t.- sonJble t in will be ullo~ d !or co~vl i~nce. ln tho rvc-nt tho C"0!1ttc~clor, for a"ly rC'il !;O u, o o.J_i nvt o .. : c.:l.l.1l)t c..J: 1 ~, to c!..l tho \1 \ll.l~ U.t h"'v~ u.~ \ ,:.nk UJ •. ..) Ut Gth:-.J..!J and. d J,.ct th'-• \.!lua 1 co t 1 n th "' c.;ul1! .. JHl'nt o th,. C"on t rJ to .... "1. Th Contrr.ctn, uiJl rt int tin .-.o· t r .,. ·d , :l • l' r. li i t lh" • ~C C]U-><"Y ot lhl• ont •<•l tion •lly ~I, tl.) r '"" .,, >I I to t r·n 1 ' f fl"" t .; f''l. ::;, n vt .. hv .. ~ c ~h C.1.1nt r t l l IIIli I tl ,.. It l r!J• lly • •Y I I 2 I . ") zt-l'l f l ' t C!i.o in ' . h llo OJI'I I 1 !<'tm " t l iz;i• 11 I , .. ,, .., ,, I' r " 11 h•• t '•• • ,, •II '• or ,. \ • I . - • • • • • • U L.t iU.I:... u l .;:: 9. 'J Ju [Jj i!::i cn < f H i .,;t •, :,·t. t i IJ , \.li ... 1u';:l i.., Di c Lri ::L J-.n gi n• ... ~, l r-r (·~ ,,•.j! 1 fv r 1 .UI')rl'i'J lh i C'>n <ro c:l f o rt '. ;,•.,t '· 11 1 1 rorr• ~·~·lnp-r> .:J.:lt1 bi lli nT; s~ _.,,, J l>"! d.,,'!-· ·r 1 ,., hh '•h ~ Dislri.c L Engin ""'~~-·~ .::.-1.:1rc··c f o r t hL.o C J~t-r ;.; is : ~~r ""E-"..!'..! 20 ~1 :;~·o ll y , _1!~1-'r ,_£1 8J 1 22 )'). ?he S peci al P r o vi o i.:>ol o t :hi~h dlC i'U:J h' 1 h'•T"r "> ar ~ ~~c ~ a p ~r t ~f thi 3 co ~t r 1 c t. 11 .. This cvntr l'tc t s h :=t.ll rc.r"t a in in c f f r cl until o u<h the r t ~'1 , a'J to Lv.l cil 3._·g :-o ~:.. s!l:Y ·n i n fdL'l' Jr-t:i~l t:..:>. ·1 \ .al ;.:-,._ '"'~'.:l:\ thio c o ntrc1;:t t'li ll b e vo ic1 ~cl nnd a r.m., co n t r ~c t Gigncd . Shoul d C'h a ngc n in r ate::; b e d.J ~i r c d , n rcv l n rd E : .. h i. jL "U 01 ~h 11 1 h "! out i tt ... U t o t l• ... • I • - 114 \Ji J.uC...J.::i \ .. 11:. ATTI:.ST : m"CI<"rk hPPr.OVED . D.\~1 S . l·ni i'rT :~:J~;:: State Controlle r By --------- ATTEST: . .. • • • '. • STATE 0" CJr.nnv· '"''C'J.\al) n L "' ... i r0\'1''"l .. OR STAf~ l,~:?A?.TI-:E.t:T or t-nr:.,: .. \YS JACK KU>STL 1:\CC R EXECU 1 I~~ D!RuC!OR UlVI S I O:l OF l <!Gt ii ·!AYS By ;:-;-tl~<·~:·~ .. ------- r.-.i r~ ·n '•_in ,..,...T /1"" 1Vr'>: J. il. ::..c.' .l.L 1 Attvi"'i"l..:Y G-•l~ra.l r:.; ---- 'ly --------- Ti 'c ·-------- • I . (I) (l ) (3) (4) (5 ) (6 ) • I ; I -. • ( Cll 'l 'l" D• ·r ... c • • • EXii!BJT "b" -::JHC FO:l T"t\FFIC C u:11~ul O.VJLES Traff1c S1gnul.Jo* Err erg'r.cy S1gna1s St'T ~ll nJ St~ t1on' S ianin3 Stri rlr.:J SlJ~lnJ ~n :! Stripl~J $ __ __!_!~) .:.0 '1 .'r s i yna 1 p ~r r;;onth s ___ _ p~r sanp 1 c r 1 o·" t ion fl' r r·,oth P""r r.1i 1 c p~r JNJnth S ____ f.,':" '1i l c p:?r r:>1th • I • • • • • CO '-l rt ul I t .t ') \11 '~l)\ \I I •·· J .I' I" i ...... r,lt.•. J: .... , ' • I~. ~U-'• .. •hli ol • LL: ...... 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'' l~.o-I .J 0.);'1:1 0 ~-. f ;~".:;, .; ;~:\:..' ~.:: r .:~. ,-,.;; t.: ...... : . .:J .. N..,,,J •J 1.1 8·16 101 . Cn~ I J7 ,, l~ Jl olenJ~J OISCIUMI:"oATI0:-.1 AND AFHR\1.\TI\'E ACTI ON s. Th r con tr<.~;-tor •trt'f'S to C'O:nply w1 th th l..:uer •~1 ~~iri t of 1!1 :.: Col..1rah An ~,d~nr:unJ 1I :l'1 A·t of 19n, asamt ndtd , an~ ot'l .. , Jp plkJt;'e lawn. ;u:r lz r; tfJ• r -~i .,;~:,on ar.J ud:..;r cr:-rl '~-""' i'~l..tl~:• C4-'.a.l OI cr~ 1?71 u Jnendedj onJ '" hQ'iiT-.J by L ... ~:u'· :Or . T r . .!I C;J,'O.:~ t,;, o;.uJ \(,,,. .t.\, "-'' cb;.:J "• I} 111,; PJ.,_.u:;.::t tl •• ·r~:;..l.l':,•f •· :.;'TJ',"''J;::. -:1' 'l'.rr·-::_r~Ji'Jc,,.)·;::c.n :--~.;.c r! ... '.rn.-·.,ti • l l ) 1 1,~ ' ! ,, v. .. r.· 1 1: ... ,;_ .;.• .,. I .. ) r .... ,.! 1 .: , .. , , -· It .t •• l;W • ! 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I;T ' :j m th~ h·o:~r:t ·•·on , ('\"(' '!'l'l J t''lf Jrt'~:T!'I"I t.:l t' " -:·m ·~-1 \II'>' ;-" ,-_, t:l'l of I ~ \ .o:ttn:t \\'1:1~ r ,., r·tt .~:o r;t-nt ;-J t ·r-:'l ~ t ~ ... ~··\r l .• h r·· ~rJ~. f 'Ji .~ ,::!): h .!")' lo.':JJ-;··-'"' _:) f"f i · , ~~ \. :.,. o t :·n\.~inl ~::~.!t\·.:!lq :J!•' n:.!\;-:1 ... •.·,:~ .1o!l<l ~. 1:'•: :Jr:·'l:l!"J ,::J '\,t'.:·,pt:I.J u ~~.:~'~: :~"r:~;.~,;j ·;,1 ,r_:-/,1: ~-:·'~;;; ·;:•··:'.C .-:· IJ r.1~.:; ~i:',~ r d :· .'::-) ;. ·: If· ,/" ~, (!:~~;;, : c;!~ ·n: •..• • <\n\ .-:-::·.-: .·un :. ~:.!•r : .t , ~I .;::J •.>l.J b} t' to ;:o.:3,t •• :-& l·J .: ... 1 f.J·• ;):t ·•· .I •h. •··• ~ • .: .1. ihf rC'MW iol ~~~ Of t !:Jo ;,.y r,:.r_,, hl th. C 1: .. 1 l h.tl 1!.: lU· ;rJ .. I !\ .Jp.J.I!.! Ul l .:.-t.\11 ol 1\ l h~ .tf_n.al .n:-'1. h t''tl•l Dltr th,t lh ~ :.:--~ bnulo.J f \\llh I~ "S \()I ('I ..._,, (11 ·.1, :\ and (m"U pl I .fl:.J("-:'1:'~~) ~d 1 'i~OI ~~~-. (\hu...:of t\biK. Olhfil <_ R'\ 197\ ..a\o~nwnd('J ,,~th.uno\,,~ .. ,,,nof ,t,.._hrrtn r•'' p• ... ,.,cnt 9 n 1:-l'il!~r•r ~ '\" f •'· ·I 11"1 th •r l.r.m:l 1-;o-t•t ~ ,..,..r• •l.h lr.\ r -,..,:\.J! C.r l f J nt ,..~\ O f t!:-S.,'>f'.i •f!', 'f 0 ~ I : Jl , ________ _ ' , .. , ... ')' '" ,., I''' ' ") 1.11 II\ , Ill I \ .ni ,I,O\ 111\.1:1 "• I \1 t lll\ I lilt! l UlP\Itl\il'l m I • • • ORD I NANCE NO. Se r i es of 1981 BY AUTHOR ITY A BI LL FOR • • • COUNCIL BILL NO. _7_5 __ _ Introduced ~ Council Member :J _lfQ AN ORDINANCE APPROVING THE WHOLE COST OF THE I MPROVEMENTS MADE IN DOWNTOWN IMPROVEMENT DIST RI CT NO. 1980-1, IN THE CITY OF ENGLEWOOD, CO LORADO; APPROVING AND CONFIRMING THE APPOR- T IO NMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID CO ST AGAINST EACH LOT OR TRACT OF LAND . IN THE DISTRICT ; PRESCR I BI NG THE MANNER FOR THE COL LEC- TION AN D PAYMENT OF SA I D ASSESSME NTS; AND DECLARI NG AN EMERGENC Y . WHERE AS , by Ordi n an ce No. 3 5 , Series of 1 980, f i na lly adopted on October 6, 1 980, the City Co un cil has c r e a t ed Do wntown Improvement District No . 1 980-1, with i n t he Ci ty of En glewood, for the purpose of paying part of the cost o f constructing and in- stalling a parking lot in the 3 4 00 b l o ck o f South Li n coln Street, and walk-through improvemen t s at 3 448/5 0 South Broadw ay to connect with the proposed parking lot, toget her with neces sary i n ci d ental costs, or for the reimbursement of c o s ts a l re ady incurred; and WHEREAS, although the improve ments authorized by said Ordinance have not yet been complet ed , th e total cost of such improvements has been reliably ascertained; and WHEREAS, an assessment roll has been prepared and a statement showing the total cost of the improvements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the amount of s675 •427 ·31 , of whi c h amount the City of Englewood will pay $ 11 ~·559 ·5 4 , and the Englewood, Colorado, Downtown Development Authority will pay $ 96,000.00 , ~eaving $ 359,867 .77 to be assessed against the real property in the District, said amount including cos s of inspection, coll ction and other 1ncidentala and also includ1ng interest as allowed by law; and -1- • I • • • • • • WHEREAS, from said statement it also appears that the City Council has apport io ned a share of the whole cost to each lot or tract of land in the District, in accordance with the benefits to be derive d by said p r operty and in the proportions and amounts several ly set forth in Exhibit A attached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the Distr ic t wi ll receive by reason of the construction of said improvements , a nd a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the pro- portions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the as sess- ments shall be due and payable at the office o f the Director of Finance of the City of Englewood, within thirty days after the final publ icati on of this Ordinance, withou t d emand; provided that all such assessment s may, at the election of the property owner, be paid in inst allments, with interest as hereinafter prov ided. Failure to pay the whole assessment wi thin said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, wh ether ~nder disability or otherwise , to pay i n s aid installments. Such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, the quality of the work, the regularity or sufficiency of the proce dings, or the validity or the correctness of the as- sessments, or th validity of the lien t hereof. In the event of such election to pay in install- ments, the assessments shall be payable at the office of the County Treasur r of Arapahoe County, Colorado in ten ( 10) equal -2- I • • • • - T annual installments of pr i ncipal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1982, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each y ear thereafter until paid in full, with interest on the unpaid principal amount at the rate of 9.50% per annum, commencing on the date of publication of this ordinance by title following final passage, and payable each year at the time of paying in- stallments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any i nstallment, whether of principal or interest, when due shall cause t he whole of the unpaid principal to become due and payable im~e diately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw intere s t at the rate of one per centum (1%) per month, or fraction of a mo nth, until the date of tax sale , as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at one per centum ( 1%) per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffer d. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accru ed interest to the date of the next assessment install ment payment date. Section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5 ) will be made on all payments made during such period, but not thereafter. The discount of 5% shall apply to all such payments, whether the payment is the entire amount of assessment due, or a part of the assessment. Immedia ely after the expiration of such thirty day period, the assessments s hall be certified to the County Trea surer of Arapahoe County, Colorado, for collection , as provided by law. -3- • ) I • • • • • ..... . Section 5. Assessment Lien. All assessments levied against the real property in the District, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the District is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assis- tance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessme nt Bonds. The amount of assessments herein levied against the property specially benefited, in the total amount of S 359,867.77 , t o gether with the approximate amount of s38,932.23 on hand from the proceeds of the bond issue and not needed for the construction of the lmprove- ments, if any, will be in an amount sufficient for the payment of the outstanding bonds previousl y issued for the District. Sect ion 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 8. Emergency Provision. By reason of the fact that bonds for the District are now outstanding and that interest thereon wi 11 shortly become due and payable, funds must b made available from assessments at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, health, peace and safety, it is h reby -4- • I • -• • • declared that an emergenc y exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7 :00 P.M. on Monday, September 14, 1981. Section 11. Publication and Effective Date. This Ordi- nance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. Introduced, read in full, and passed on firs r ading on he 17th day of August, 1981. Published as a Bill for an Ordinance on he 19 h day of August, 1981. Attest: ex officio Ci y Clerk-Treasurer I, G ry R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the bove and foregoing is tru , accurate and complete copy of a Bill for an Ordinanc , in roduced, read in full, and p ssed on first reading on th 17th d y of August, 1981. -5- I . N/\Ml /\NU A OUf', \~ 1971 H 4 JO o·,' 1:n c1 t C \oJ IJ('d Ou·..,u u ... ~''' u • ., ''"' hor.&.L'/ J ... ,Jt; :., !J h c r nl ~l ll :.L L0'-111.!\-IU Otl, CU J IJ 1 1 U 1?71 H 4 ~o 0 1.1 ;1 r.t : J nncy, 11...1.&.'1 ro n q l ' Ll3a c ~loyd Av e J::ngl">~oo<l, CO 80110 1971 34 4 J O 024 Clayton, :Jnrmi"\ .1c .1n 1. LOrc :-.zo, H.31ph S , T e n 1n Com l.lOO 1'i Uo't!lc'l 1\v o Littleton, CO 3~123 1971 3 4 4 00 02 5 An d ert, Phlllp G 349:> S Dcl"Y t:nc;lc.:oou, 1.:0 OJllO 1?71 3~ fo ?0 026 r r 1:;lc r en, The Cr ·;:Jlu r, Lth-dn U !•il~ 1/.! ::; c::u1 t:n Ql cwo c<l , CO UO ll v . 1 97 1 )4 4 00 027 Cr ya l e r Ctl , Th<> <"/o Cr yo l r.r , r<hiln 11 til t 'J l /1 :; llt hiJ 1:uq t ... :oud , C:V 0 0110 l ~ll 34 ~ JO v~u l'o .. loy , I~ c ? Ch rr y Hlll a Dr LnQLouood , CO 00110 1~71 3 4 4 JO 00~ nnnno, f\u.bt H 'fhotr.~:..on l~ll 5 L i nco ln ~'· ~l•l Lnq L u ~ood , CO UOll" 1 • • • :tUIIUI I/I,.IUN l :o r J,I <t l ~ P t on I. \111 •! OL lld\-I Y ~ I '•J l 't 1 0 111 11 o l ~~ 111 1•' u ,,.J .ldd •·;• Av Ji l i n ~; l ::J J 't 10 I n l-4 (, '.)V 1. •Jt ~\', l:l)r '-'l :.it : J../·1 (H :.:;,_:~ )•), '1'il 1: l~~ FL; 'i'n ~ <1 ~ t't .! I n; 'fi l \'1 l i~ 1-'l; 'J'h S 1\'J l•'L l 10 L ~ l 1 L u l ~CtJ J~-4-~U J •l/u :;. uuwy . B C''l .,t. i'\ Pl 0 11 1: llll'' of l!d\-iY 6. 1~11 FL lf) Jl\ i~ o( t~ J nv: a .: lf.J •,ItJ'-h .'n /\V l~r 1JC.:J.Il9 13) rt lQ lll N ~ 50 ft ~ of SW Cor of 5~ 1/4 of Sec H-4-u8; ·rh r; Par t.> SO ll.lmp<.icn 1\vo 12 ~ Ft; ·rh s ~4 f't 10 ln; 'I'll \I 1~~ L·'t; 'J'h U J4 l 't .J.U Ju LU lh '•l 341G-/U-J0 H Udwy A tr~ct of l~nd in SW 1/4 of S& 1/4 OC"!O C ·1!0 Convn .:lt ll Pt H.Uch iG 'Jfl-l!J/.lO 1't. N of i-11 : Cot.· of !'ihcr J.tl;'n nr llumpclcn 1\vo & lldwy, 'l'h c lJ.!; l 't ; 'J 'h ~J :l ... , f't ; ·r :, \l l2S rt; Th S 2) Pt to Pl o ~ Bcq ex Rts/1\"ay H-4-63 343~ S Od11y A tract of land 1n S l/2 of SW l/4 of sw l/~ of 5C 1/~ o! 34-4-60 llcoc .30 ~·ol lJ C<J .3C a I't on E l1ne of ~ uuvy L7 P t u of lnlcrocc of t: line of ll<l"Y ;. ;1 llno o llanpden live; Th runnlnq u alq C llno of U<l"Y 12ft; 1•h C .3t Itt M'JlCS 12~, I~; Th at RL Anq1es 9 1 2 rt ; Th olt :t t •\OQ l e;. II l~~ l't to DeQ 3 1 ~0 5 lld\1' Tho'. p;>rt or s .~o ot .. ~1 l/4 or R\1 l/4 of 5C l/~ ot 3~-4-60 OCQ <>t " l 't on r; line of Dd\ly 27 Pt ll of l n terccct of r; Uno of lld\ly & tl lJ.nc o r IJ,:un[)Ucn Avo ; T h t'l 40 Pt ; Th 1: 12~ P t1 Th S 40 ft; Th \i 12~ ft to Pt of Dc9 · ·· 3494-96 5 Ddwy --" Con"" a t I t; Co r oC lt ii Mr><l cn & D<lwy; 'l"h II 27 Ft 1 Th r; 12~ l."t : Th S 27 Pt : Th n \2~ ~t to rt ot DoQ H -4-1,0 H ?O ::; ll<lw:t n ' 2•1 ~ PrCM lOr 1\dd 21 t. l2 J4 0 l-07 S Ltncoln/16 &. C•r.lrd l't<:M l e r 11<1<1 J ~ll -l ~ s Ltncoln 2. $18,071.20 $ 1,916.34 $26,335.12 $ 266.30 $ 657.20 $ 599 .16 $22,146.80 $ 9,960 .92 I • • • - • • 1n1 J4 -1 '10 00-1 J ,_ l"oxlcy, N <.: JO 5 Prcmtcr /ldcJ l' 0 oo:< 7000 J4l'l-l?-l3 s Lincoln $ 9,802.27 JJ3 ,., IIUOit>U\:1\ l\V\' l::n\.llU ~'I L>Oc.l, co OOllO -- 19"11 34 4 !JO OJJ OCtJ \n L"t t : • lU2. '/ l·"t N uf "'~ Steel, l•l altur L " ll;>ry 1-'C.;>L" oC St: l /4: 'fh ll >O l·'t: ·rh ~,; ' Jt Ten & Coi:alr..:nq!llcn, 125 Ft !·1/L to 11 l1nc of Ltncoln I Arnold L JudJth L, JL !>t: 'l'h s !)0 l'"t; ·rh w 12~ i-'t 11/L $ 821.50 'J't.!n 1/2 Tn t l J \ to llCC) 14-~-~.~ 297.1 :; J)nHninq St HJ~-40 S L1ncoln Englewood , co :10110 ' 1971 34 4 00 013 Dcq 191 l't c .. 3)1. 7 l·'L N of 51~ Cn')lcwoou Oo~·Jnto\·m Dcv Cor of ~\·1 1/4 of sc 1/4 Sec 34-4- 1\uthorJ.tY GU; 'i'n I; .1..!~ l·'t; '!'h tl 50 L"t: Th 3535 S Shcrm~n !~t ,., l:l:.. l 'L; 'I"l l:; ~0 l·'t.: LO lJC(j l :nCllC\ ... OO<l co UOllO 1971 34 3 17 OlO 4~ & 1 Lm<OOU J\<.lu ricdclrnlln, Stullrt ' Rccf47 & 3405 5 Ddwy & I!~p ncr, no:.1:~n s 16 $ 1,464.62 . 35t!) ;, lll.llcrc::H. Or Pt of Denver , co OQ 7.37 4J . TI'f+J1 3 17 Ql '} Fr1cdman, GcrtruUo 44 ' 1 cnwood 1\du 1201 -lOth 5t 45 3415-17 5 Ddwy $ 6,838.53 Denver, co 80202 1971 34 3 17 010 42 & 1 Cm10ou 1\dd O:ld rollC\'."I:J Dld<J & Inv Co 43 3421-25-27 5 Ddwy $40,000.00 Hl~ :; cJ.-y J;nr;lC\'ICJUcJ, co 00110 1~7! 3 ·1 3 17 Ol"l 40 &. 1 t.:r.~<ootl J\du O' orccht, 1\4~~· c & Dran:>-41 3431-35 5 Ddwy lt."ltlt, rrcd (, Gunl>ild F $10,657.84 i'·""' 11 , :t~ 1lCll.OC II " () r.ux 1 (. PJ r:~cL·, co ~OtH .. 1~/i Jl~ ) 17 ou JO ' .. $ 2,064.39 Cr1:11cr Co , The 39 l tn>~oc.<l 1\du c/o Cry:~lor, Cdw.a.n II 34l7-J9-l9~-41 ~ DOW:/ -34)~ l/2 s Odwy -· -r.n(·lcwoOO co 00110 ! 171 34 J 17 015 37 ' l'obohm, L<:on~rd .\ & :luthCt 14. 6 •. -:1, Jt Tf"n • WJ.dO . l r.n>too<l 1\dd .- 7000 ~ CronL :;t 344~ S D<lwy $ 7,562.57 I ~c lC!'IOO<I co :10110 )~/1 H 3 1"1 UH J~ ' 1-'Ut'J .l.Lt, !llhhcd t; lu 1 CnliOOU J\dd . I . ~·1 Q S Clay Lon \::>y 3449-55 s ll()wy $ 8,748.18 I Denver , co 6020!> .. ' . . l?H 34 l 17 013 32- r.oo!:, ucnry ' l~.lrn II, 34 l cn .. ·ootl J\dcl I ,T t ,.<'n )4~/-(.1-63 :; ouwy $12,167.44 c/o lto~o neal L ot:>lu co 020 -17th ~l l.>cnvcc, co QO~Ol ' '' ' ' .. I . ' ' . ... I • ..... :. I,' ' .I .. .. .........,J--· .. • - '\ .. .. . . ': ' . '• .. . ., NNAk ANU ADORl SS I 'J/1 H J 1"1 Oil Vo~thur, ,Jerry L ~u l:,!J~ L.:!n :.HO'J nuro~~. co u~a11 l1 197134 J 17 011 .!9 & llol th.:lu3, O.J.rb.Jr .::t ~~.4-t..:l:.....:nJO c/r> tholscn lnv Co vun 5 hcom;l ~;t J.n lcunot1 C:fJ :10 ll 0 1<)'11 34 117 010 27& ~:cin:>tcin, Lee II G C V 20 l!/50 II 32n<l nvc D~nvor, CO 00211 1971 34 ) 17 009 c 30' h'oin::~toin, Leo II & r: V .l~ & 1950 \'/ J2nu tw" ~~ Uu nvu r, CO UO~ll 1971 34 3 11 ooa .Cill 1J; !'Ji'\t:ri.ci.:'\ ,, r, J ,n iiJn~lo t ,, 7:r~c ·,' :;, .Jt •;·.;:::'1 . 9 1-1 llom r>cl cn nvo Cn']1e.:oo<l, co 00110 li 45' 2~' l6 • • • l:nw otJd Ac.Jd 34 u 'I ~ llclwy l ~.:m;oou 1\uu JHJ :; ll<lwy I:m.,ood J\dU HaJ-35-0'1 s uclwy Cnwoocl Add 34%/99 :; ll<lwy J.-J N Jl,&llteU<:U r.m10od /\del 7-9-11 W ll~rnpdcn $17,674.09 $21,131.31 $ 9,703.01 $13,122.88 $17,586.34 I • • • - • • .. . fli\MI, ,\UI I 1\Ui ll~~ ,/. '"' u1 .. ~• .,IHIIII'il •l\114 I I l 'J/1 H ~ 21 or,-, I ll :. I IH I oiL 1 tr.-:t '·· Jll!t..:'d • 12 ·I f'r •·m •··t' """ $ 1,109. 56 ,;,, l,·t I' I> \I ' I')J./1J,l .. U.l\1y l//(, L~L !Jut I !Odd~ d ld•! U .!la\~o.•&;, ..:u :.JO .. WL 41 1)// UJ I '"' OOJ 1 ·1 :. J 1:11'\.."h. ,\dd ... •' Ud <~y Ill:.. I llo ll h1H_it ·n l' I .J .~il 1\~:.iuc.:. 1 ., {• )'J J ·I ~ Llth:oJ..n t.:./0 1...1ncoln t..:t r l/l V..J...; .llh:y Au J I ~·,!) -ll6t.h 1\VU ~d~. $ 3,302.11 I I :;II I '~~ /.Ol O..:llcvuo , \-JI\ •JU00·1 2U 17 03 l OG 013 40-~ Ul.l"ChS ,\c.Jcl to s uu•Y hts $ 1,170.13 ll.l m t~d on Plil:t.:t 1\:;:;oc. o• l5J!J :; !i hcrm.Jn c:./0 L1ncul u C \•1\ll ·a· 1/ l v .• c .• l h·t fu..J 1 ~5!j -lHolh /\V U !H :, S ul.tO 201 Dc llcvuo, \·iA 98004 I 2077 03 1 06 007 l l £ 2 Jllrch~ 1\rld t o 5 Dci•Y lltD $ 585.07 uanf, Jo hn 0 l3 £ 3:0 60 " r.1.ncoln 3561'1 5 Ll.ncoln St 1/2 V.:IC Ill loy i\dj r.n 'J1..-,·:ood, co 30110 .077 03 1 Oo 00? 8"9 il L " I'L 2'1. 59 Ft t; o f ~~~ Cor Buchler Pro?ort ioo, Inc. of Lot 16 ; Th E a1q !I llna l05.A1 )500 s J.!.ncoln £t Ft ; Th s 6 2.70 r t : Th Nl'lly 122.65 $ 585.07 t:n()lC\iOoU, <:0 9 0110 rt to PO.iJ , lll k 2 U1.rcha 1\ul to s u...wy lit:.: -3~00 s L1ncoln i t . -.. - . ' I I • • . I . . • • • / b. NAML A ND AU/Jic l :.:'. lol UI•K ~ :O.UIJUIVI ',IUN 1~/l 3~ ·1 uo OJ ·l II 1/1 IJ I 'J '( of lu1HI IJ e sc .1::, It~ 'lJ ~n"ll, \•Jl ll.l L'd II, Jr. )7 6 1't 1: • t J ~. 7 1"1. N oi s i C o l' Uppn r u.~.ar c.-~u :t of fi\'1 1/4 of ~a; 1/1 ~l'C H ·~-u u; t::vcry1:ccn , ..:u U04 J~ 'I'll !: LJ1.J l'L; 'J'h " ~0 l"t; Th ,, $ 4,653.70 l J 1 .J 1'L; \'il " '.)0 l 't to li e , 3·1"10-'/1) ..;. LliiC\ll.t lOTI 0 J 1 07 020 1: o2 1/L l'l of 1l 17 l't uf ,., .. 1-loo<.Jso n-llolnu=t Lntcc-r. I l l/2 I'L u{ 1u-:;o Ulk 1 lllt"l.!hU [)CI!;C:i , rnc lltld tu s J\rh'f'y lit~ $ 552.62 l' n nnx f)1 F) )~'"10 l :; Lincoln t'hr:yc nnc, \•/"{ a~OO! 2()'1"1 OJ 1 07 0 1~ H-1 lhrt:hf!•: 1\<l<l t<) s llch•y lit a t·ir jtJht . P1oycl r.llcn b 1G /, 3517-19-ll s L1ncJln r.ve1yn Cl.:l l nc, Jt 'l'cn s 0' 1lJ7 s Pearl St oi ~7 $ ~.227.92 r.;n lCl·IOO<l co no no 1971 3 4 4 00 016 D<>g 19 it ,., • l~ l't N of S.> Cor or UU.1.lCcl ::it ~L~s Steel & S\·1 1/1 $\•! l/4 SJ.: 1/4 Sec Jl-1-60; C .lrnutJ1U l'wll:.;Lu n l 'u ud 'I'll ~~ 2 ~! •• , L-'l ; '.a.'h II 141 1'0:; 'J.'I 1 ~~ $ 7,002.52 ,. 0 u ux 'j ')~'f i 't' ,, ·~ l•'t; 'I'll II l.!J l'l ; '1'h :. J }·/.I UCnV!.:C, (.;0 UOl17 l't; 'J.'h J.: ·~~ l't to Ui.!(J H-l-ua 12 5 J.: ll~m pclcn ~~77 OJ l 0£1 012 14-2 llJ r chcn /\riel to !; .ld>~y llt:J $ 3,485.97 ~hu,o, Rl'lbort ,, ~0 ' 100 I; J1 (1mpdcn 15?.0 Yorl: 1/2 Vac IIlley lid) Dcnvar , co 80206 2077 03 1 07 021 I I G2 l/2 t"t of II 17 l't of 47 & Sil~1ttuc!:., Clnuclo I) 11 G2 1/7 l't ot 4 3-50, Dlk l, $ 552.62 4~H :; Dc1ol·.t~::c s~ lll.CC h ~ t\o.l d lO s C<llJ}' Uto L,1.1)lc\:OU<l , (.;0 00110 201'1 03 l 07 001 1 (, l Dlrch~ 1\tl cl to s Dlvy lites Su:'\MJ.n, Ill 2 3~00 s Dclwy $ 651.60 lOll t.ar1n~l. ::r I! :IIV,-\., ~(J ;J()t02 .'0/1 I)) \ 07 O?J J " l 01rchc!l /Wtl to !; :lo.lwy lit :I 1' tn~l~. 1\ll.~,t J ll l~' 351 0.-1.2 s Dcl\.'Y )J.!1 !; i:J:JJ or 4 $ 439.90 t.:n 'J lc-.:~o.J , co 00110 J071 OJ 1 0'1 0 •I 5 ' l D1 rchc::: 1\o.lo.l to :. .Jo.l lly Ill :I C'J.ncr, Ill bert J s 10' J~U s lklwy $ 384.91 l~24 !; 0<1 "".1 or • J.:n')lcwoocl, co 00110 I ~077 03 1 ()7 005 6 l !JiLcha /\del to !; Dlwy llt:J rJncr, /\1bort J JJ2-i :; Cth:'J -$ 1,198. 20 &,.;;. :~lct.:ood, co OOllO J()/'1 OJ \ 117 010 1~ ' l h1rch:J 11<1<1 lO s ll iwy llt:J I ~·u r"'r. 1\lh,~J..--l J H J:,!.IO :; Uclw; .; 1 5 D ,,r; $ 549.88 I t:n<J c:woo<l, co 00110 -l I .. .. ' : . ·. I ., . I • . I ·> .. . I ••' ·, I . •, . . . I I I . . ; .... ~ - . · 2 011 OJ 1 o·1 o:.-; i.I Jl r!.l.', 1\lbcc t .1 ,~.J2 t1 !> nd ..... , ~ng1 uwood , ~0 dJ110 l Oll OJ 1 01 on l '.Lno r, /\lbcr L J 35~1 :.i Or.JW:t ~n9lo~ood, CO U0110 2 077 03 I 07 009 ~;w ;,nn.:ln Bltlq Cu ll~l u..auuo~.:k ~., Ucnvur, ~0 U0204 2 0 7 7 03 2 00 021 t:n q lowood !;Avlny a E. 1\:l!ln 3!;01 s 0 .11")' Engl~wood, CO 00110 • • • l ui l\lu.• Ul.-.CJ N\1 ~ur l.ot 1; 'J'h L.: LO N1 : Cu r l.oJ L 7; 'l'h:; 'J .! I 'L: 'l'h \'I Utl.J l 't; 'd\ N\J t o l'l l'J. J l:t S of POU; '1'h l l to Uo..:cr U:..:1nq ..1 P"r oi Lo ... u ·1-10 '!'OCJ \ ... l.Lh !J IJ l't lA>l 10 t. ..1ll LOt ll. UH. 1 11 u ~.:h..:n l'ulU LO :; UUwy l it::~ 3 !.1.!1'\ !i Ut.lwy )~ ~J Ill rchc:l 1\c.l<.J to :., nL.lwy IIL:l 12-Bi~ch~ l\cld to S O<lwy lito 14 l :x ll~o•L p.u L :.u \1.1 lO t:lLY u( l.II•Jh.:wuud J JJ(.I-',1\ :; tk.lwy Corr.rn ut ,, Pt 50 Pt ~~ 6. 2 5 Ft S of Loan~C Cor of NC 1/~ NW 1/~ sec 3 : '>'h S 117 Ft.; Th W 12!; i-"t.; Th ;~ 117 l't; 'rh 1·: 1~5 l't t.o ll<'<J • 1/~ V"c IIlley MJ on \"1 3-~-GO 3 5 01 s Ddwy 197 1 3~ ~ 00 015 Dr.,nnlJ:>r\.1• Robert \1 . ' Uclt..:t J , Jt: •;-e n C l/2 of a Tr o f l"nd 009 37G rt r: ~ 332.7 r~ N of S\·1 cor ot s;1 l/4 of SE l/4 Soc J4-4-GO; ~h I: . 20 4.6 rt; ~·h II 50 rt; •rh li 2U4.0 f 't: ~b s so Ft to neg, ex r.u~ 15 I OJ \1 IICU<JO 1·1":' :tou ~::un, CO 804G~ . J441-47 S L~ncoln $ 1,611.86 $ 274.94 $ 5,922.99 $ 1,369.05 $ 549.88 I . • • • RESOLUTION NO. 3 t SERIES OF 1981 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS FOR DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1: AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS. 7 !-1 WHEREAS, the construction of the parking lot and walk- through improvements in Downtown Improvement District No. 1980-1, in Englewood, Colorado, has commenced, and the total cost of such improvements has been reliably ascertained; and WHEREAS, a statement showing the whole cost of said improvements and a proposed apportionment of the same against the property within the District has been filed with the Director of Finance: and WHEREAS, the City Council has considered the special benefits accruing on each lot or tract of land in the District by reason of the making of the improvements and has determined that the apportionment of the assessments for said improvements, as set forth in the assessment roll, is in accordance with such benefits: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the Director of Finance is hereby authorized and directed to notify the owners of the property to be assessed for said i mprovements by publication of this Resol uti on in three consecutive weekly issues of The Englewood-Sentinel, a newspaper published and of general circulation in the City of Englewood, that said mprovements have been completed and accepted, that the cost thereof has b en apportioned according to benefits and that a hearing on the assessment roll and a hearing on the Ordinance levying the assessments, will be held on Mond ay, September 14, 1981, at the Municipal Building, at 7 :00 P.M., prior to the fin 1 passage of the ass sm nt ordinanc . In addition, notic of th time, d te and pl c of th hearing sh 11 b mailed to each prop rty own r o be seased with th cost of improv m nts, on or bout th d te of th ls publication of this R solu ion. -l - I • -• • • .. 2. The whole cost of said improvements within Downtown Improvement District No. 1981, is the amount of $675,427 .31, said amount including costs of inspection, collection, incidentals and interest as allowed by law. The City of Englewood will pay approximately $2 19,559.54 , and the Englewood, Colorado, Downtown Development Authority will pay $ 96,000 .00 , toward the total cost, leaving the amount of $ 359,86 7· 77 to be assessed against the property specially benefited and included with the district. The amount to be assessed against each lot or tract of land is set forth in the assessment roll filed with the City Council. 3. That any complaints or objections which may be made in writing by the owners of land within the District, to the City Council and filed in the office of the Director of Finance on or before Wednesday, September 9, 1981, will be considered and heard by the City Council at the meeting of the City Council, on Monday, September 14, 1981. The City Council shall also hold a public hearing at the same time on the Ordinance levying the assessments, prior to the final passage thereof. 4. Any complaint or objection to the validity of the assessments or the proceedings taken therefor shall be deemed waived unless presented in writing at the time and in the manner set forth above. 5. 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 17th day of August, 1981. ( S E A L ) Director of F i nance, ex-officio City Clerk Publish in: Englewood Sentinel Mayor Publish on : August 19, 26, and September 2, 1981 -2- • I • • -• • • I, Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. _____ , Series of 1981. Gary R. Higbee -3- • I • • . I - • • , . • RESOLUTION NO. ~ SERI ES OF 1981 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS FOR DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1; AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS. WHEREAS, the construction of the parking lot and walk- through improvements in Downtown Improvement District No. 1980-1, in Englewood, Colorado, has commenced, and the total cost of such i mprovements has been reliably ascertained; and WHEREAS, a statement showing the who l e cost of sa i d improvements and a proposed apportionment of the same against the property withi n the District has been filed with the Director of Finance; and WHEREAS, the City Council has considered the special benef i t s acc ru i ng o n each lot or tract of land i n the District by reason of the making of the improvements and has determined that the apportionment of the assessments for sa i d improvements, as set forth i n t h e assessment roll, is in accordance with such benefits; BE I T RES OLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD, COLORA DO : 1. T hat t h e Direc tor of Finance is here by authorized and d i r ected t o notify the owners of the property t o be assessed fo r said improvements by pub lication of this Re solu t i on i n three co n s e cutive weekly issues of T h e Eng l ewood-Sent i n e l, a n e wspa per published and of general circulati on i n the City o f En glewood , that said improvements hav been completed and accepted , that the cost ther of h a b en pportion d according to benefits and that a hearing on the asse s sment roll and a hearing on the Ordinance levying th assessments, will be held on Monday , September 14 , 1981, at the Muni c ipal Building , at 7 :00P .M ., prior to the fi n al pass ge of the sseasment ordina n ce . I n a d d ition , notice of th tim , dat and plac of th h aring sh 11 be mailed to ach prop r y own r to a as d with th cost of improv m nts, on or about h d o th l a public tion of this R solu ion. -I - • , I • -• • • 2. The whole cost of said improvements within Downtown Improvement District No. 1981, is the amount of $ 675,427.31, said amount including costs of inspection, collection, incidentals and interest as allowed by law. The City of Englewood will pay approximately $219,559-54 , and the Englewood, Colorado, Downtown Development Authority will pay $ 96,000.00 , toward the total cost, leaving the amount of $ 359,86 7-77 to be assessed against the property specially benefited and included with the district. The amount to be assessed against each lot or tract of land is set forth in the assessment roll filed with the City Council. 3. That any complaints or objections which may be made in writing by the owners of land within the District, to the City Council and filed in the office of the Director of Finance on or before Wednesday, September 9, 1981, will be considered and heard by the City Council at the meeting of the City Council, on Monda y, September 14, 1981. The City Council shall also hold a public hearing at the same time on the Ordinance levying the assessments, prior to the final passage thereof. 4. Any complaint or object ion to the validity of the assessments or the proceedings taken therefor shall be deemed waived unless presented in writing at the time and in the manner set forth above. 5. 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 17th day of August, 1981. ( S E A L ) Director of Finance, ex-officio City Clerk Publish in: Englewood Sentin 1 Mayor ( Publish on: August 19, 26, nd S p mb r 2, 1981 ·2- • I • • • • • • - I, Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoin~js a true, accurate and complete copy of Resolution No.~, Series of 1981. ' Gary R. Higbee -3- • I • • • • • .. RESOLUTION NO.~ SERIES OF 1981 71 A RESOLUTION APPOINTING JOHN W. SMITH, III, ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Part II, Section 68, of the Englewood Home Rule Charter, City Council may appoint one or more Associate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Municipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That John W. Smith, III, Esq., shall be and hereby is appointed as Associate Municipal Judge i n and for the City of Englewood, Colorado, said Associate Judge to serve at the pleasure of Council or until he shall resign or otherwise be unable to serve. Section 2. That the salary of sa i d Associate Judge shal l b e a s heretofore establ i shed by Ci ty Council. ADOPTED AND APPROVED th i s 17th day of Augus t, 19 8 1 . At te s t: Eugen e L. Ot1s , Mayor I, Gary R. Higb ee, ex officio City Clerk-Treasurer of the City of Englewood, Colorad o , do here b y cer tify that the above and foregoing i s a tru , a ccu rate nd c omplete co p y of Resolution No. _____ , Series of 1 98 1. Gary R. Higb • I • • • • • RESOLUTION NO.~ SERIES OF 1981 11 A RESOLUTION APPOINTING JOHN W. SMITH, III, ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Part II, Section 68, of the Englewood Home Rule Charter, City Council may appoint one or more Associate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Municipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That John W. Smith, III, Esq., shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, said Associate Judge to serve at the pleasure of Council or until he shall resign or otherwise be unable to serve. 2. That the salary of said Associate Judge shall be as ~~~~~o-re established by City Council. ADOPTED AND APPROVED this 17th day of August, 1981. Attest: Eugene L. Ot~s, Mayor I, G ry R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and fore~Ang is a tru , accurate and complete copy of Resolution No.~, Series of 1981. G ry R. Higb • I • • • • • . ./ ' / . . ·v//2'."·'. !· .·• ' " < . ./.~ ·, • / •• ~1 ., . / ~y P R 0 C L A M A T I 0 N ·Y ... ..... \ . . . WHEREAS, there is a deep concern with the gravity and dread f ulness of cancer and its increasing death toll; and WHERE AS, demographic and health trends suggest that deaths from cancer may number approximately Eight Million a nn ually by the year 2000, according to the World Health Organi- zation report ; a nd WHEREAS, through the use of radio, television, and news releases b y the United Cancer Institute, the minds of the public have been sens i tized to the importance of early detec- tion o f cance r; a nd WHEREAS, early detection and treatment of cancer would res u lt i n t he s a v i ngs of millions of lives each year; and WHEREAS, the United Cancer Institute has proposed a Ca n ce r Control Program to set up mini-cancer detection facili- ties t hroughout the nation to give to those who can't afford it a f r ee c ancer c hec k-up during September 7 through 11, 1981. NOW, T HEREFORE , I , EUGENE L. OTIS, Mayor o f the City of Englewood, Co l orado, d o hereby procla i m the day o f September 8, 1 98 1 as NATIONAL CANC ER DAY in the City of Englewood and urge all residents to seek early check-ups for the detection of this disease. GIVEN under my hand and seal this 17th day of August, 1981. • I • - ( • • • • P R 0 C L A M A T I 0 N WHEREAS, there is a deep concern with the gravity and dreadfulness of cancer and its increasing death toll; and WHEREAS, demographic and health trends suggest that deaths from cancer may number approximately Eight Million annually by the year 2000, according to the World Health Organi- zation report; and WHEREAS, through the use of radio, television, and news releases by the United Cancer Institute, the minds of the public have been sensitized to the importance of early detec- tion of cancer; and WHEREAS, early detection and treatment of cancer would result in the savings of millions of lives each year; and WHEREAS, the United Cancer Institute has proposed a Cancer Control Program to set up mini-cancer detection facili- ties throughout the nation to give to those who can't afford it a free cancer check-up during September 7 through 11, 1981. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the day of September 8, 1981 as NATIONAL CANCER DAY in th City of Englewood and urge all residents to seek early check-ups for the detection of this disease. GIVEN under my h nd and seal this 17th day of August, 1981. Eugene L. Otls, Mayor • I • • .. I • • • .. - 7-T P R 0 C L A M A T I 0 N . '><~.: .. ~ . .. ··,·,' < -~ ·_.:~ ·.. ,.., \ ."'··~) \ ':.·: ·:·~} .... / WHEREAS, there is a deep concern with the gravity and dreadfulness of cancer and its increasing death toll; and WHEREAS, demographic and health trends suggest that deaths from cancer may number approximately Eight Million annually by the year 2000, according to the World Health Organi- zation report; and WHEREAS, through the use of radio, television, and news releases by the United Cancer Institute, the minds of the public have been sensitized to the importance of early detec- tion of cancer; and WHEREAS, early detection and treatment of cancer would result in the savings of millions of lives each year; and WHEREAS, the United Cancer Institute has proposed a Cancer Control Program to set up mini-cancer detection facili- ties throughout the nation to give to those who can't afford it a free cancer check-up during September 7 through 11, 1981. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the day of September 8, 1981 as NATIONAL CANCER DAY in the City of Englewood and urg 11 r idents to e k early check-ups for the detection of this dis as GIVEN under my hand nd s 1 thi 17th d y of August, 1981. Eugen L. Ot1s, Mayor • • • • - . ···/ P R 0 C L A M A T I 0 N : ·,/,><··~) ;: ·\-.". v/.~ . ·,, 'f /'." ' .... '• '/ i~l ...... /·:-:t ..... '·• ... -» WHEREAS, there is a deep concern with the gravity and dread f ulness of cancer and its increasing death toll; and WHEREAS, demographic and health trends suggest that deaths from cancer may number approximately Eight Million annually by the year 2000, according to the World Health Organi-zation report; and WHEREAS, through the use of radio, television, and news releases by the United Cancer Institute, the minds of the public have been sensitized to the importance of early detec- tion of cancer; and WHEREAS, early detection and treatment of cancer would res ult in the savings of millions of lives each year; and WHEREAS, the United Cancer Institute has proposed a Cancer Control Program to set up mini-cancer detection facili- ties t hroughout the nation to give to those who can't afford it a free cancer check-up during September 7 through 11, 1981. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City o f Englewood, Co lorado, do hereby proclaim the day of S e ptember 8, 1981 as NATIONAL CANCER DAY in th Ci ty of Englewood nd urge all r sidents to seek early ch ck-upa for t he detect i on of this disea e. GIVE und r my h nd nd J\ug u t, 1981. l this 17th d yo • I . C 0 U N C I L DATE August 12, 1981 • • • ' . C 0 M M U N I C A T I 0 N ' ~ ,r· '\i AGENDA ITEM SA . . , . .: .. · .. ' SUBJECT Travel Approval for Frances Jonas, Executive Director of F: H A INITIATED BY Director of Community Development ACTION PROPOSED Approval for Out-of-state Travel for Frances .Jonas Executive Director of Englewood Housing Authority. BACKGROUND : Frances Jonas, Assistant Director of Community Development-Housing, has been invited by HUD to attend a one-day workshop in Washington, D.C . ~~ to discuss the Administration's proposal to restructure the CDBG Program . There is an effort to transfer the administration of the CDBG Program from HUD to the States . The staff has already expr e ss ed some concern to our congre ss ional delega- tion about thi s propo s al since this may adversely effect the city's future allocation for CDBG funds. Mrs. Jonas is very active in the National Association of Housing and Redevelopment Officials, and I feel her involvement in issues of this nature can only benefit the City. Her travel is more extensive than other Assistant Directors, but she also holds the position of Executive Director of the Englewood Housing Authority, which changes the nature of her position. HUD has indic ted that the expenses for this trip are eligible exp n es to ch rg to th CDBG that the City has rec ived. Th m eting will occur on August 24, 1981, and the estimated cos is $500 . RECOMMENDATION : It is recommended that h trav 1 requ st for Frances Jonas be authorized. • I • • • • .. • I--... -=--- C 0 U N C 1 L C 0 M M U N 1 C A T 1 0 N ,t '' , AGENDA ITEM ~B DATE Au gust 12, 19 81 INITIATE D BY City Manager SUBJECT Municipal Golf Course Driving Rang e Improvements ACTION PROPOSED Recommendation of Award far the Construction of the Municipal Gplf Course Orjvjng Range Improvements INTRODUCTION AN D BA CK GROU ND The Engle wood Municipal Golf Course is lo cated j ust north of Oxford alon g the South Platte River. The course consists of eighteen holes, ni ne on each side of t he r i ver . ~The west side of the course was completed in 1977. The east side was complete d l as t fall and hopefully will be ready for play th i s fall. A bridge was constructed last wi nt er approximately 650 feet north of Ox f or d Aven ue, a nd connecting paths were com pleted thi s spring. Plan s and specifications were prepa r ed by th e Engi ne eri ng and Par ks Depa rtm en ts f or the co nstruction of the Driving Ran ge Impro vement s. I ncl ud ed in this projec t is t he i nstalla ti on of the irrigation syst em , gr adi ng a nd s ee di ng . On Augu s t l l , bids we r e opene d for th1s project. Four contractors submitt ed bids. Colorado Sp r i nklers of Wheatr id ge wa s the low bidd e r on this pr oj ect , wi t h a total bid (excluding top soil) of $58,9 45. The bids and e ngin ee r's estimate are: To al Item 9 Items l-8 Colorado Sprinklers $73,545.00 $14,600 $58,945.00 Yerkey Spri nkler Co. 74 ,449.18 14 ,200 60.329.18 Engin ee r's Estimate 71 ,383.00 10,000 61,383.00 B tt r Buil Landscaping 71,169.80 2,000 * 69,169.80 Rand a 11 & Bl ke, Inc. 94,890.00 17 ,000 77,890.00 Bid Item 9 is for furnishing and installing to psoi l wh ich may be deleted at the City's option. The Ci y has recen ly obtained an ad equate amoun of topsoil for his project for $4,50D; ho w ver, this will still have to be spr d t an estima ed cost of S2,DOO . • • I • • • - • • ---~--:----------------------· *Contractor qualified his bid; price is for spreading topsoil only. FINANCIAL DETAILS Th e total amount presently allocated from the Golf Course Improvement Project for the Driving Range Improvements is $35,000. CONCLUSION AND RECO MMENDA TION: We recommend that all bids be rejected_because the low bid (excluding topsoil) of $58 ,945 is well above the appropriated $35,000. We recommend that the City purchase materials at an estimated cost of $15,000 by receiving quotes from the two major wholesale suppliers in the metro area and negotiate wi111 spr1n ler and seeding companies to install the irrigation system and seed . By handling the project in this manner, the driving range coLHd be completed at a cost much c loser to the $35,000 available. SUGGL ILO ACI JON: MOV(D OY __________________________ _ SECO ND __________________________ _ !ES _________ ,o ________ ~u SE N 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 SUBJECT August 12, 19 81 ~ Resolution concerning Title II Fund s INITIATED BY _ t:lly Manager ACTION PROPOSED dopt Resol ution a ppropriating $7,000 to Finance Department and $16,72 7 to Enginee ring S rvices . BACKGRO UND On Mar ch 12, 1979, the Council passed Resolution No. 12, Series of 1979, appropriating $66,107 of Title II Fu nd s t o various City Departme nt s . These f und s were to be us d to generate cmplovme n t and c an only be used t o hire personnel. Since thes e funds were not fully sp nt, Resolution No. 31 of 1980 wa s passed in July of 19 0 appropriating $3l,o73 of th e f und s remaining to Engineering Services and t o Communi t y Dev lopm nt. CURRENT STATUS As of Augu st 1, 1981, $23, 727 rcm:lin Services and the D • rtmcnt of Finane already underway. unsp nt. The 0 partm nt of Engin e ring hav requ st d funds t o co ntinue prog r ams A 1979 study rcco nd d that an upgr ding of th Re cords Man agem nt Sy tern in th City Clerk 's Offici.! b~ und rt ken. The amo unt of $7 ,000 is need d to ompl t this . Th RECOMME A110N Approprl t th rliD!Ifnin ln • !no•cr fIn 1111, r. t l h h d 11 Fund h ve r ain in n ongoing pro r am to dev l op b lr dy been u ed t o begin this $16,727 to do ddltlonal pplng. 21 ,7"}.7 o lltl li Funds 8 tollow.: l • 7'1.7 7 000 • I • - • RESOLUTION NO. tfD SERIES OF 1981 • • • A RESOLUTION AMENDING THE 1981 GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has adopted a 1981 General Fund Budget; and WHEREAS, the City of Englewood has unexpended funds from the Local Public Works Act (Title II Antirecession Fiscal Assistance Program); and WHEREAS, these funds may be used for hiring additional personnel for existing programs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Se c tion l. -~---- The following appropriations and estimated revenues ar e h e reby made in t he General Fund : Sour ce o f Funds ---T[t e IIGran t ~~o riation of Funds F nance Sec tion 2 . En gin ee ring Services To tal ------- $ 2l. 727 $ 7,000 16.727 ·r .,rr .--rrr -= Th e fol l o wi n g appro priations are h e reby made in the Ti t l e l I Fun d . ~r~_r_i_a t:J:.on_ oX F un d_! Gen r 1 F un d (F ina n ce and Engineer i ng Se rvi c es) Se ction 3 . Th City M nager uthorized to m ke th bov City of Englewood . nd Director of Finance 8re h e reby ch ng e s to th 19 8 1 Bu dg et of th ADO PTED AN D APPROVED this d ay of _ -----------· 198 1. ayor ATTEST: y Cl rk-Treasu -r • I • - • • • • -2- I, Gary R. Higbee, ex officio City Clerk-Treasurer, for the City of Englewood, Colorado, do hereby certify that the abo v e and foregoing is a true, accurate and complete copy of Resolution No. __ , Series of 1981, passed by the Engle- wo od City Council on tlle day of --------------• 1981. Gary R. Higbee • I . .. INTB.QPPICI UIUOUMDUM Rich Wanush, Asst. City Manager • • - DATI: May 26, 1981 ~ Gary R. Diede , Director of Engineering Services MMU~r TITLE II FUNDS The Engineering Services Department received an allocation of $15,000 on July 7, 1980 to begin work on a composite map program t h at would incorporate information that presently is on file in the Engineering Services , Utilities , and Community Development Department s. Between the months of July and September , 1980 , we employed two individuals to work on this project. The first left our temporary pos~t~on to full -time permanent employment after only two weeks . The second employee was terminated in September after it was determined that he was unable to perform other related tasks. After extensive re-advertising of the position and wi t h no qualified individuals apply~ng, attempts to fill the position were temporar i ly discontinued. This project , which would be of great value to the City and utilized by many departments, is a major undertaking . I would estimate completion of the maps by a full-time, professional draftsperson could easily require three to four years of dedicated service and cost upwards of $60,000 in wages alone. Securing a qualif~ed individua l for this e nd e avor has been a major problem since the beginn~ng. Those qualified individuals that we have employed have all moved onto full -time employmen elsewhere , and have utilized our position as fill -in employment . In add~tion to be ing an exper~enced draftsperson , due to the nature of the ~nfor rnation being incorporated into th maps, an ind~v~du 1 for th~s position mus also possess a thorough und rs anding of surv~y land control . As much as 50\ of the t~m requ~rement of the JOb is spent researching nd compiling information on u il~ ies , stre s, storm sewers, land uses, e c., from existing records in various dep rt- ments. Of our orig~nal $15 ,000 allocation approximately $13 ,300 was not used. I would g ~n ask that hes e monl s be applied to securing nether individual to work on th1 pro)ec . Keep~ng ln m~nd , how v r that this fund1ng 1s only downpaym nt on this mapp1ng proj ct. In the p st w hired p pole 1n h $5.50-.50 per hour rang . I wou ld xpec tha o recruit th exp rienc d individual, that w need for this temper ry position , we Wlll hav o p y in th $3 .00-10.00 p r hour r ng . This funding will willing o make complet1on of t fe ls that his bud g ting for nd unless the City is long-r n progr m and h v be n w sted. If the City undertaking, I will t empt or 1982 and b yond. • I • • - • • • • MEMORANDUM TO: Rich Wanush, Assistant City Manager FROM: Gary Higbee, Director of Fina;< .-, . \ / DATE: August 12, 1 9 81 t ~' SUBJECT: Excess Title II Funds I would like to request an additional $7,000 of excess Title II funds that were left over at the end of the y e ar FY 1980 from the Engineering Department 1980 allocation. The funds would be used for the purpose of wrapping up the proce s s of o rganizing, renumbering, and relabeling the City Clerk's filing system as defined by a study completed during 1979. /jlw • I • • C 0 U N C I L DATE August 12, 19 INITIATED BY ACTION PROPOS and $1 , 72 BACKGROU'ID • • • c 0 I M u N I c A T I 0 N 1 TEl-l SUBJECT Resolution concerning Title II Funds n appropriating $7,000 to Finance Departm nl d Resol ution No. 12, Series of 1979, Funds t o various City Departments. These funds usc to en•r tu ·~plovm~nt and can only b used to hire personnel. Since these lund wer not tully spent, R solution No. 31 of 1980 was passed in July of 19RO ••~Jrr pri.t lHl $31,673 of the funds remaining to Engineering Services and to Community ll vel pm n t. CURRENT STAnn; As of Au gu'>t I, Servic · and th• ll lr ady undcrw.ty. A 1979 tudy I City Clcr 1 ·ins un&p nt. The Departm nt of Engine ring In me. hav r qu sted funds to continue proRrams Ill up~o~r din of th R cords Mana gem n t Sy tern in l he mJ rt kt'n. Till' amount of $7,000 i& nPed d to complete this. Th D part •'Ill of n ine• rln • rvic• s has had n ongoing pro ram to d v lop bas maps fort h ntil City. Iitl II Fund hav lr ady ben u ed to b gin thi ffort nd t h v would 11 u th1• nrnaining $16,727 to do ddition 1 mapping. RECU!'IML Approprl tt th T t • , 7 I o t l1 t le II Funds s follow&: $16 ,727 7 000 2l 727 • I • • - • RE SOLUTI ON NO. SERIES OF 1981 1'o • • • A RE SOLUTION AMENDING THE l98L GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Color ado, has adopted a 1981 General Fund Budget; and WHEREAS, the City of Englewood has unexpended funds from the Local Public Works Act (Title II Antirecession Fiscal Assis tance Program); and WHEREAS, these funds may be used for hiring additional personn el for exi sting programs; NOW, THE REFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section l. ----- The following appropriations and estimated revenues ar e hereby made in the General Fund: rant ~ro riat io~o_t Funds F1nance Section 2 . Engineering Services Tot 1 ------- $ 2l. 727 $ 7,000 16.727 D__.]fl The following appropria tions are hereby made in the Title II Fund . ~ro riation of Funds Ge-n-er-1 -Fun-d (Finance and Engineering S rvices) Section 3. L23 . 1_21 Th Ci t y authori z ed to m k City o f Englewood . nd Director of Finance re hereby c h nges to th 1981 Budg t of th ADOP TED AND APPROVED this /11:/, d y of _ ~-, 1981. ayor ATT EST : • I • • - • • • • -2- I, Gary R. Higbee, ex officio City Clerk-Treasurer, for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1981, passed by the Engle- wood City Council on t11e ____ day of ------• 1981. Gary R. H g ee • I • • • IHTII-Of'PtCI MII'~OIANDUM • • • Rich Wanush, Asst. City Manager DAr.. May 26, 1981 ~ Gary R. Diede, Director of Engineering Services IWIICT• TITLE I I FUNDS The Engineering Services Department received an allocation of $15,000 on July 7, 1980 to begin work on a composite map program that would incorporate information that presently is on file in the Engineering Services, Utilities, and Community Development Departments. Between the months of July and Septembe r , 1980, we employed two individuals to work on this project. The first left our tempo rary position to full-time permanent employment after only two we eks . The second employee was terminated in September after it was determined that he was unable to perform other related tasks. After extensive re-advert i sing of the position and wi t h no qualified individuals a pplying, attemp ts to fill the po sition we re temporar ily discont i nued. This p roject, which would b e of great value to the City and utilized by many departments , is a major und e rtaking. I would estimate completion of the maps by a full-time, professional draftsperson could easily require three to four years of dedicated service and co st upwards of $60 ,000 in wag e s alone. Securing a qualified individual for this e nd e avor has be e n a major problem since the b eginning . Those qua l ified i ndi vidua ls that we have employed have all moved onto fu ll-time employm nt elsewhere , and have utilized our position as fill-in employment . In a ddi t ion to b eing an experienced draft sperson , d u e to the nature of the infor- rnat1on being incorporated in o the maps, an individual for th1s position mus also possess a t h orough understand1ng of survey land control. As much as 50% of the t1m r equirement of the job is spent rese rch1ng and compil1ng information on ut ilities , stree s, storm sewers, land uses , etc ., from existing records in various depart- ments. Of our original $15,000 allocation approximately $13,300 was not used. I would gain sk hat these monies be applied to securing another individual to work on this project . Keeping 1n mind , however that th1s fund1ng is only a downp yment on this mapping project . In he pas we h1red p pole 1n he $5 .50-6 .50 per hour rang . I wou ld expect that to recruit th experienced individual, tha w need for this temporary position , we will have to pay in the $a.00-10.0 0 per hour r nge. Th1s funding w1ll only willin o mak complet1on of h fe ls th t his budg ting for us a beg1nning and unless the City i s cornrn1tmen to a long-range program nd rnon y wi ll h ve been was ed . If t h e City wor hwhile under aking , I w1ll ttempt tsp rson for 1982 and b yond. • I • • • • • • M E M 0 R A N D U M TO : Rich Wanush, Assistant City Manager FROM : Gary Higbee, Director of Fina:< -; . \ / DATE: August 12, 1981 t -; , SUBJECT : Excess Title II Funds I would like to request an additional $7,000 of excess Title II funds that were left over at the end of the year FY 1980 from the Engineering Department 1980 allocation. The funds would be used for the purpose of wrapping up the process of organizing, renumbering, and relabeling the City Clerk's filing system as defined by a study completed during 1979. /j lw • I . • • • • MEH O RANDUM TO : Mayor Eugene L . Otis Members of the Englewood City Council FROM: Beverly J . Bradshaw, Mayor Pro Tern DAT E: Augus t 6, 1981 SUBJECT: NAHRO Conference in San Antonio July 31 to August 2, 1981 First of all, I'd like to thank the City Council and the Housing Authority for allowing me to attend this workshop for commissione rs . I found the conference very informative and educational. The main issue that s eparated our unique situation i n Engl ewood was that the city, its staff and the authority in Englewood cooperate to provide better housing opportunities for our citiz en s. I n other citi e s, this is not the case . Usual l y the commissioners are con stantly involv d in fightjng City Hall to get money and suppo r t for th ir authorities. Th ere fore, once again , En gl wood is a truly unique city with an exemplary relationship betw en City Council and the Housing Authorit y. Here are brief summaries o the sessions I attended : SETTING PRIORITIES AND DIRECTIONS: The overall them was that as commiss1oners we lmUst begin to assum our responsibiliti s as we are also assuming our liabilities nation-wide . We, with the assistance of the executive dir ctor, need to stablish the ppropriat policies and procedur s for staff to operate within to assur our continued fundin from HUD. With the shor age of f deral s witness d by th rec nt budget b ill, w also must b cr a iv nd unique in our CDBG appli c,tions. We also need to s t bli h v ry spe ific purposes with appropri t rational for our applic tions . I f l th t with our f ntastic track r cord of ompl d proj c s nd pro- grams and our lack of inf rior-qu lity buildings we ar in n exc llen posi ion to re iv c o n inu d inancial assis nc . • I • • • • • Mayor Eugene L. Otis Members of the Englewood City Council Augus t 6, 19 81 Page -2- necessary doll a rs. The National Housing Project Draft is bein g formulated n ow and depending on the results, Englewood 's par- ticipation i n HAP will not extend more than two years . We al so must articulate our projects with other entities i n Engl ewo od to form a community-wide cooperative and co ordinated e ffor t because of the pending downtown revitalization. The name of this group could be "Council of Equals" to solicit in- put as to community-oriented goals based on values within the community. The composition of the council could be represent a- tives from EDDA, Urban Renewal Authority , Housing Authorit y, city staff, DBA , and other influential citizens . The goal of this group should be to do a needs assessment of what is and what should be i n our community. E~~LOYMENT PRACTICES AND POLICIES : The first statement of this group was that the exe cutive director works for the Housin g Authority. This is not the case in Engle- wood, because the director is a member o f the city staff. Putting our situation aside, the director may have the exper ise, but as commissioners we all sha re the same liability. It is imperative that the executive director establish an organizational chart for the duties and functions of the Housing Division and its staff . As commissioners , we cannot begi n to set realistic goals without this basic information. The executive director must communicate all major issues to the chairman of he commission to avoid "blind siding" the commissioners. The budget must be thoroughly understood by the commissioners, and no jus rubber-stamped . Th ex cutive director is the one the pr t lks to and is the image of the housing authority. It is also impor ant that the xecutive director have a thorough knowledg of th politic 1 seen in th community. bl 0 1 with • I • • - • • • • Mayor Eugene L. Otis Members of the Englewood City Council August 6. 1981 Page -3- operating from any of the negative roles. Angry citizens operate from critical parent to push our buttons to react from compliant child or rebellious child. They invite us to assume the role they want. What we have to become cognizant of is that we move into any role because of our psychic energy at that point in time. THERE ARE SEVE RAL PLOYS TO NEUTRALIZE NEGATIVE RO LES: The bottom line is n o t to shift into adult too quickly ; use nurturing adult or natural child first. Statements like "sure I have time to listen", or "you're really upset, angry, irritated" tend to show the person that we have listened and that we do see their emo- tional state and recognize their role. After this has been established, we need to perform one of the foll owing interactions : CP-NP-A/NC; RC-NP/NC-A ; CC-NP-A/NC. We also need to be aware of our ego states : tone of voice, facial expressions, body posture, gestures, words we say, and responses we give. Maybe if we all would look at our reactions and become more in touch with ourselves, we will be able to communicate more ef- fectively. Here are two sayings that were reiterated often -- SAY IT STRAIGHT OR YOU SHOW IT CROOKED, and STRIVE FOR EXCELLENCE, NOT PERFECTION. COMMUNICATION AND INTERACTION: This session involved many different communication games that the group participated in twos or fours . The main them was that when conflict arises, i is th r sult of one p rson or group not listening to noth r p rson or roup . In ord r for communication to take plac , both parti must b able o re- state the other's position. Through the use of "power", that is restricting the other p rson's choices, communication and resolution c n ake place. Th f ct tha interp rsonal re- lationships c n act as buffer to potenti 1 conflict r inforc s the import nc of commissions ke ping h ir public rel tions tun d all tim This on W toured The priv Th proj !:he:• w re OUR: o m o r - • I • • - ( • • • • ,. • Mayor Eugen L . 0 is Members of h Eng l wood City Cou ncil August 6, 1981 Page -- move that stigma . Th e last project really caught my attention because it was rebuilding single-family houses and keeping the neighborhood charact er and location without displacing the residen ts . PU BLIC AND COMMUNITY RELATIONS: There is an inherent problem with public housing in that it is suppo rted in any area except someone's backyard . A city putting in a substantial project must realize that it does mean war un- les s there is total communication and exploration of public re lat ions to the city council, the commission and the residents . It is a form of gro up hate that causes the battles and commissioners must realize that there is a difference between group hate and individual hate . Public housing is a sociologica l mandate . The support systems are there if we tap them at the right time. Public housing provides shelter for poor people, not minorities, and it 's not charity. P ople are not against helping each other; they're afraid that someone is getting something for nothing . Some of the positive areas a housing authority may wish to ex- plore are: 1) sponsoring a team for you th ; 2) good press relations at all times --never say no comment ; 3) leave the politics to the politicians and don't promise to do any favors ; 4 ) g eL y our tenants involved --maybe have one on th au hority . TENA NT SE RV I CE S : gw • I . - • • • • • Mayor Eugene L. Otis Members of the Englewood City Council August 6 , 1981 Page -5 - cc : City Manager McCown City Council Frances Buck Jonas Mel BeVirt Englewood Housing Authority • I • •