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Home My WebLink About1981-11-16 (Regular) Meeting Agenda• • .. 0 CITY COUNCIL MEETING -Regular November 16, 1981 • • • • • 0 0 CITY COUNCIL MEETING Nove~ber_2 ,_198..!._ __ _ RESOLUTION # . Yl. 48 . 49, ORDINANCE# 77, 78, 79, 80, 81 I . • • 7 :30P.M. l. 2. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL ~ NOVEMBER 16, 1981 ~~ {;...:> ·i /)J / / Call to order, invocation by Reve nd Roland A. Andrews , Grace Baptist Church, 4200 South Acoma Street, pledge of allegiance by Girl Scout Troop No. 911, androllcall. '(fuo.c-.'- Minutes . (a) Minutes of the regular meeting of November 2, 1981. (Copies enclosed.) Pre-Scheduled Visitors. tion to 10 minutes.) (Please limit your presenta- .. .J-1-li I ( ,~J--,a-<•> ;v. ~('_ Mr. Elmer Schwab, 4795 South Inca Street, will be present to accept a service award for serving as a member of City Council from 1968 to 1973. Englewood Fir e Fighters Mike Gruninger, Tony Jeffer s and Randy Pickrel, representing the Englewood Fire Fighters Association, will be present to address the Bill for an Ordinance relating to the Career Service System revisions. ,J.i . v (b) (See item 7(d) .) (c) Mr. Gary Diede, Director of Engineering Services, will be present to discuss the EDDA Walk-Thru Project . (Copies enclosed .) Other Visitors . (Please limi your presentation to 5 minutes . ) ~"')"\...L-' 4. Public Hearings . To consider the 1982 Budget. 11 To consider General Revenu Sharing Funds . (Memor ndum from the Dir ctor of Finance enclosed .) 5. Communications -No Action R commend d. (a) Minut 1 of the Housing Authority me ting of Sept mb r 23, 1981 . (Copi s enclos d .) • , I • • ( • • • - Page 2 Novem ber 16, 1981 Agenda ~· Communications-No Action Recommended (Continued). (b) (c) (d) (e) (f) Minutes of the Water and Sewer Board meeting of October 13, 1981. (Copies enclosed.) Minutes of the Board of Career Service Commis- sioners meeting of October 15, 1981. (Copies enclosed .) Minutes of the Urban Renewal Authority meeting of October 21, 1981. (Copies enclosed.) Municipal Court Activity Report for the month of Sep tember, 1981. (Copies enclosed.) Memorandum from the Chief Building Inspector to the Director of Community Development con- cerning his attendance at the 59th Annual International Conference of Building Officials. (Copies enclosed .) (g) Memorandum from the Community Development Director concerning her attendance at a Training on Re- development Financing Seminar. (Copies enclosed.) Communications -Action Recommended. (a) 1-\-lf' Council Communication from the Planning and Zoning Commission meeting of November 4, 1981 concerning an amendment to the Comprehensive Plan for Downtown Policies. (Copies enclosed.) 7. City Attorney . Bills for Ordinances. B-l:f 'l (p (a) e. b..(\ ... ..-~ (I 4 Bill approving an Agreement for Libr ry Services betw en the City of Englewood, Color do and Arapaho Region 1 Library District for 1982 . (Copi enclosed.) (b) Bill pproving an Agre men betw en th City ,., n~g'l ~of Englewood, Colorado and he C ntr 1 Colorado ~o ~t Library Syst m r garding reciprocal borrowing ~1/ ~ program. (Copies nclos d.) Bill uthorizin Council Boards and Commissions to i sue subpo n s dding to Title I, Articl 7 of th Englewood Municip 1 Cod , 1969, new S c ion II. (Copi s nclosed.) • I • • • • • Page 3 No vember 16, 1981 Agenda 7. City Attorney (Continued). (d) Bill adopting revisions to the Englewood C-8~~£\ ~ Municipal Code of 1969 as amended, relating · ~ , to the Career Service System of the City of NJ Englewood, Title V and repealing current Title V, excluding Title V, Chapter 9. (Copies enclosed.) Resolution . (e) Resolution amending the Master Plan for the City of Englewood entitled "the 1979 Comprehensive Plan" by adopting additional policies for the Englewood Downtown Development. (Copies enclosed.) Proclamation. (f) Proclamation supporting the Englewood United Suburban Chamber of Commerce and Littleton Chamber of Commerce merger . (Copies enclosed .) Other Matters. (g) Attorney's 8 . City Manager. L (a) (b) (•1,- 1 v \\C) Council Communication from the City Manager con- cerning the Six-Quarter Budget for the period October, 1981 through March, 1983 . (Copies enclosed.) Council Communicaton from the Director of Community Development concerning the revised Citizen Participation Plan for the 1981 Community Development Block Grant. (Copies enclosed.) Council Communication from the City Manager con- cerning appointments to Board/Authorities and Commi t tees. (Copies enclosed .) (d) Council Communication from the Director of the • 11>1)"' Wastewater Treatment Plant concerning th award ~ of bid for digestive cleaning. (Copies enclosed.) (e) Hana e er's Ch o ice . • I • • ( ( Page 4 November 9 . • • • l6, 1981 A genda General Discussion (a) (b) Mayor's Cho. 1ce. Council Member's • I • - • • ..,.... __ . ~ ROLL CALL Hove d Seconded Aye Nay Absent Abstain H!..g_day Neal Fitzpatrick Keena Bi lo Bradshaw Ot1 s ~ '1/l a-:lZn, #z~r---~;IULJ__ ~f fi CJ;; • I . • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain Higday {....-- Neal v- Fitzpatrick v-- Keena ~ Bi lo v Bradshaw v Otis __y- I . • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi qday \ll"" v Neal -Fitzpatrick -v Keena Bi lo -v Bradshaw - Otis ~ / ;~. I • • • • Moved Seconded Hiqday Neal Fitzpatrick Keena Bi lo Bradshaw Otis {~d ..;&.~<<) /K lftt' ~td • • • ROLL CALL A ye Nay Absent Abstain I . • • • - • • ROLL CALL Moved Seconded Ayf! Nay Absent Abstain H !_g_day _l Neal j Fit~atrick _} v-Keena I Bi lo I v Bradshaw _l_ Otis _\,.. • I • • • • • - • • '-(A_ I ~ (D ~ ~~:-:---/'V'f:-:::-_,J-:~7· ;--------------------~.......,_ ;tV_e b S t5/c.d ~ d/UJ¥L-.'>?.t .4-2<.. wr-t ~ /1~1 -9 ctu ./tAJ.-<A.-~ 41' ~ _ r -/u.a-:b/A..t /YKaJ--/)1(1lR_ • I . • • c:J (J-t/v.~ '/2-l-(Li._-(,r?-<:J ("/ I)_ t ') 1..9.--. • • • I . • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQday \ Neal I v-Fitzp-atrick I Keena I 1-Bi lo I Bradshaw I Otis r '- ,~~ wr u-<>P~· '&u4J . p_, Y+f .z-z_ ?a:4 (/:L /U /l,--~ tP, It; 7 71 ~ z.j- jJ I /-a t)?'l~ / f 3 9 y I 0 I b -f r-u. t1 /fLU (}_ t!h c1 ')? v .. n .... (/) • c A il \U<!"' ..... ..:J-1 L l "t ( 'l• ·CJ 7J C.. •) •~t b-<.J ~~ c...a t."i.~~L-U (. <t ~I I ..../ ~ ( ~ ~I L_,, c 4 ( (!_ )f I . fl.~ • • - • • • • {j M~o ~ C!AJt.A./YIA~J' . ([) c /1 -ill o ~ n-u add ;5 ~ l-~0 0./ol Q...-<_6 -c ~ /} ; <-U.. 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')<U LU~ ,_/_ _iLL~~ PI<_ ( .({ -7 . ~'\._//~ • • I . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday '\ Neal \ Fitzpatrick J v-Keena I r-Bi lo I Bradshaw I Otis \ I • • • • - • • • • tfd d ~J-cA ·YVL/VVU-~ {L~-;1 -V(_ 6;(). ~ ~ ~ ~~~~ ~ • I . • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain _'\ Higday l Neal I Fitzpatrick j_ v---Keena j_ v-Bi lo _l Bradshaw \ Otts \ I • • • • • • • • ROLL CALL I • - • • ROLL CALL Moved Aye Nay Absent Abstain Seconded "\ Higday I J./" Neal I Fitzpatrick I Keena I v Bi lo 1/ Bradshaw Otis ' I . • • • - • • ROLL CALL Moved Seconded ~e Na y Absent Abstain HiQday Neal Fitzpatrick v Keena Bi lo v Bradshaw Otis I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Ab s ent Abstain Higday Neal ·- y--Fitzpatrick I t--Keena 1 Bi lo I Bradshaw I Otis \. I . . • n • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal I .......-Fitzpatrick 1 v Keena I Bi lo Bradshaw I Otis "\ I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain .,.-Hiqday Neal Fitzpatrick ....,. Keena Bi lo Bradshaw Otis I . • • • • , . • ROLL CALL Moved s econded Aye Na y Absent Abstain r- 1-I v t Higday 1-I Neal I r v- : Fi tzoatri ck 1 I 1 1-~ -+ Keena i Bi lo 1 - I _L I Bradshaw _Otis I _j I l =:j /,.fZ.I a ~/) u ""{.~ ~4 I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday Neal -Fitzpatrick Keena Bi lo Bradshaw --Otis -- I • • • • • • • C !~o/)I Lr<V f tt ~o + '(- C (l o iLfJy UJ ()-3 5' ; 0/() · I 5 I . • • • - • • • • • . . • ROLL CALL Moved Seconded Aye ,__ HiQday \ Neal I Fitzpatrick I Keena I/" Bi lo I I Bradshaw ( Otis \. cPa 0 s--l-et (b!J ;?-0 ~ !6 cr o '7 - Nay • Absent Abstain I . • - • • ~··~--------~--~----------------------- ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday _l Neal l F i tZj>at rick I Keena I Bi lo I Bradshaw l Otis \ ' • I • • • • - • • ----------._ - ROLL CALL Moved Seconded Aye Nay Absent Abstain __,. Hi9day J. Neal \ Fitzpatrick 1 ]...--Keena I "" Bi To I Bradshaw _j_ Otis j_ ' • • I • • • • • • • I . • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Ab t . s a1n Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis 8a . e;flil d ~~'IL( {Le #g ~~/1~,1 ~ct j"U/1f\l/l'U.Le ~~~1 rca C?1{ ,dv.J &/.-4--(U& elLa ~ t. v ~ • • I . • • -• • - ~b ·Om ~d.. w /) {J ~/Y)G(~~ ) &_ ~ ciuf /)~ c..-z, l ~.L ~ ·d' ~a -'V> 1 go '6-o-eL -J-~-~ uu tl--? 1 • ~LU<)./Uj' deh.Z ~ rn &-f crCI~ ~~ !3 L~r~ !~A-· # 2 ~~ 1--' d/)/{ -au£2 LA11 ;r~ • I . . • • - L '-y2-~~ 1.. /~·-~')0"-'»\ )( dw?.A._ ;d.._; f}3 J._ /1 I'll ~-0-? ;;;__ /3L-/2-o c1-0-8 0-. ~ q;-~-gs , 1 ;_;c;;: a:_LI., 13.dd a'if'-~~ ;ti}- ;}t:CL--__.(, 'Yl r-ra~ ~a! I~ I . • • - • • ,f£/I.MJ ¥(/<~ .-01 ~¥-u.- J~_.M~ _v,v·~,r Ci;' /--'>' ~· c!JA . /l,/ \-? 4f ~ ( !l tit' .&1 GO~)~{}(_) ---- ~-- • • • - '--!ZLaJ GBIJ&-~ ,r r~~ u~-r~0# ~-/)MIL~~~~ • I . • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 2, 1981 10-- REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 2, 1981, at 7:30 p.m. to order. Mayor Pro Tem Bradshaw, presiding, called the meeting The invocation was given by Reverend Stanley Fixter, Englewood United Methodist Church, 3885 South Broadway. The pledge of allegiance was led by Girl Scout Troop #911. Mayor Pro Tem Bradshaw asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. Absent : Council Members Higday, Otis. The Mayor Pro Tem declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City At torney DeWitt Director of Libraries Winkle Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 1981. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradsh w. None. Council Members Higd y, Otis. The Mayor Pro T m d clar d the motion carried. * * * • • * • I • • November 2, 1981 Page 2 • • • Mayor Pro Tem Bradshaw presented awards to those who were present from the Burt Chevrolet Team. Ms. Bradshaw stated the team was being recognized as the first in the Dis- trict and second in the State representing the Englewood Old Timers Basebal l Program in tournament play. Ms. Bradshaw also recognized the coaches, Mr. Gennero and Mr. Holman. The boys who wer e present to receive the awards were : Troy Schwartzkopf, Brian Ullery, Ron Holman , and Andy Gennero. * * * * * * There were no other visitors at this time. * * * * * * "Co mmun ications -No Action Recommended" on the agenda were : (a ) (b) (c) (d) (e) (f) (g) (h) Minut es of the Board of Adjustments and Appeals meeting of September 9, 1981. Minutes of the Denver Regional Council of Governments meeting of September 16, 1981 . Minutes of the Planning and Zoning Co mmission meeting of October 6, 1981. Minutes of the Liquor License Authority meet- ing of October 7, 1981. Minutes of the P rks nd Recre tion Commission meeting of October 8, 1981. Minutes of the Englewood Public Library Ad- vi ory Board eetlng of Oc t ob r 13, 1981. Minutes of the Englewood Downtown Authority m ting of Octob r 1 , 1981. Memor ndum from the Chief of Polic to th City Manager cone rning his tt nd nee t th IACP Confer nc inN w Orl na, Loui lana. COUNCIL MEMBER BILO MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SH. Council M mb r Fitzp trick econd d the motion. Upon call o th roll, th vot r sulted as follows : • I • ...... November 2, 1981 Page 3 Ayes : Nays : Absent : • • .. Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Members Higday, Otis. The Mayor Pro Tern declared the motion carried. * * * * * * Director of Libraries Sharon Winkle was present and discussed several items concerning library services. Ms. Winkle responded to Council Member Neal's question concerning agreement for library services with Denver. She stated she had met with the Director of Pub lic Libr ary (Denver ) and have begun discussions relating to providing service to both Englewood and Denver resi- dents without any payment of fees. At the present time, Ms. Winkle stat ed the viewpoint is that any exchange of in-kind ser- vices would prove only to reduce a payment on the part of the City of Englewood. There was still some talking to do . Her staff is collecting s atistical information about activity going on in the library and it will be compared to previous information collected by Denver regarding Englewood activity. Ms. Winkle stated according to inform tion from the Denver Director, Engle- wood might hav to pay SZ7,360 a year in order to have ita re- sidents use the Denver Public Library unless some other arrange- ment can be made. Mr. Ne 1 aked if that included some recognition that alot of Denver people use Englewood's library. Ms. Winkle stated that issue was what they were talking about. The Englewood Library has much heavier borrowing activity or lending ctivity with Denver than any other libraries which makes it a special case. Mr. Neal at ted this matter hould be pursued s agressively as possible if ven on sm 11 fee b sis, • re-that I . • November 2, 1981 Page 4 .. • • • it is a short-term agreement. She stated the Board will con- tinue to investigate access to Denver Public Library collec- tion during the three month period. COUNCIL MEMBER KEENA MOVED TO APPROVE THE LETTER OF AGREEMENT WITH THE CENTRAL COLORADO LIBRARY SYSTEM AND TO DI- RECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE AGREE- MENT. Council Member Neal seconded the motion. In response to Council Member Neal's question, Ms. Winkle stated a Denver resident could use the Englewood Li- brary directly and the Englewood Library would not be reim- bursed for providing services to a Denver resident. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Absent : Council Members Nea l, Fitzpatrick, Keena, Bilo, Bradshaw. None. Coun c il Members Higday , Otis. The May o r Pro Tem dec l a red t h e mot i on carried. * * * * * * Ms. Wink le discussed t he Council Co mmuni c ation relating to the Library Adv i s o r y Boa r d re co mm en d i ng a pp roval for the 1982 agreement for library services with Ar apaho e Regional Library Dis- trict. Ms. Winkle stat e d t h is wa s no t her type of rec i procal bor- rowing c ontrac t. COUNCIL MEMB ER KEE NA MOVED TO APP RO VE TH E 198 2 AGREE- MENT FO R LI BRARY SERVICES AND DIRECT THE CITY ATTO RN EY TO ISSUE AN ORDI NAN CE. Council Member Fitzpatrick econded the motion . Upon a call of the roll, the vot result d as follows : Ayes : Na ys : Ab e nt: Council Members N 1, Fitzpatrick, Keena, BLlo, Bradshaw. None. Council M mbers Higday, Otis . Th Mayor Pro T m d cl r d th motion carried. * * * * * * I • • November 2, 1981 Page 5 • • • Ms. Winkle discussed a Council Communication relating to a recommendation from the Library Advisory Board regarding continu- ation of service, both library reference service and circulation service to Denver residents without direct charge. Ms. Winkle stated the background was that Denver effective October 1, 1981, is charg- ing non-residents for that kind of service. The staff recommenda- tion to the Board was that for the fourth quarter of 1981 not to charge Denver residents for using the Englewood Library and that staff analyze usage figures and statistics. Ms. Winkle stated the other libraries in the Central Colorado System have agreed to do the same thing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BOARD'S RE- COMMENDATION. Council Member Fitzpatrick seconded the motion. Council Member Keena stated the only reason she moved to accept the recommendation was that it merely carrys the pre- sent existing service over to the end of December. The Library Board should have another recommendati on by then for continua- tion or some other typ e of agreemen t . Council Memb e r Fitzpatri c k asked i f t he review would be monthly or quarterly. Ms. Winkle stated the plans call for rev i ew on a quarterly basis. Council Memb e r Fitzpatrick asked t hat f acts and figures be shown in mi n ut es of the meeting and to ind icate reference calls in the form of numbers rathe r than per centages. Coun ci l Memb e r Neal agrued against t he mot ion on t he basis that if the re was no c harge now , why fo rm a policy . Upon a call o f the rol l , the v ote resulted as follo ws : Ay s : Council M mb rs Fitzpatrick, Ke n . Bilo, Bradshaw . Nays : Council M mb r Neal , Absent : Council M mbers Higd y, 0 is. Th e Mayor Pro T m d cl r d t h motion carri d. • • • • • • May or Pro T m radshaw pr 1 nt d a mor nd fro m the Malley Cen r Tru1t Fund Board of Truste 1 concernln& t he printing o Tru1t Fund Brochure • • I • • • November 2, 1981 Page 6 • • - COUNCIL MEMBER KEENA MOVED TO BRING FORWARD AGENDA ITEM 7G -RESOLUTION AUTHORIZING EXPENDITURES FROM THE MALLEY CENTER FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Counc i l Members Higday, Otis. The Mayor Pro Tem declared the motion carried, RESOLUTION NO. 44 SERIES OF 1981 A RESOLUTION AUTHORIZ ING EXPENDITURE FROM THE "MALLEY CENTER TRUST FUND". COUNCIL MEMB ER KEENA MOV ED TO PASS RESOLUTION NO . 44, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo, Brad shaw. None . Council Members Higday, Otis. The Mayor Pro Tem declared the motion carried . ORDINANCE NO. 74 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF ENGL WOOD, COLORADO, CITY OF LITTLETON, COLORADO, AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 80, SERIES OF 1981, ON FINAL READING. Council M mber Fitzpatrick a cond d th motion. Upon call of th roll, the vote reaulted as followa : • I • • - • November 2, 1981 Page 7 Ayes: Nays: Absent: • • - Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Members Higday, 9tis. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. 74 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TI TLE IX, CHAPTER 6, SECTION 35, OF THE ENGLEWOOD MUNICIPA L CO DE '69 , BY ADDING A PROVIS I ON REQUIRING A DEPOSIT FEE FOR A BUSI NES S THAT CON DUCT S A "GOI NG-OUT-OF- BUSINESS SALE". COUNCI L MEMB ER FITZ PATR IC K MOVED TO PASS COUNCIL BILL NO. 8 2, SE RIES OF 19 81, ON FI NA L RE ADING. Council Mem- ber Keen a s econde d the motion. Council Me mber Neal spoke ag inst the ordinan c e on the ba s is t h at it was collecting taxes before t he sal e. Up on a c a ll of the roll, the vote resulted as fo llows : Aye : Nays: Absent : Council Members Fitzpatrick, Keena, Bilo. Bradshaw. Council Member Neal. Council Member Higday, Otis. The Mayor Pro Tem declar d th motion carried. ORDI NAN CE NO. 75 SE RIES OF 1981 * * * * * BY AUTHORITY COUNCIL BILL NO. 74 lNTRODUC 0 BY COUNCIL MEMBER NEAL AN ORDI NAN CE FO R THE CO NTROL OF ITEMS OF DEBRIS WHICH ACC UM UI.ATE UPO N AN D NEED RE MOVAL FROM REAL PROPERTY WITKIN THE CITY OF I • - • November 2, 1981 Page 8 • • • ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, _BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw. None. Council Members Higday, Otis. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. 76 SERIES OF 198 1 * * * * * * BY AUTHO RITY COUNCIL BILL NO. 8 3 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANC E APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT. COUN CIL MEMB ER KEENA MOV ED TO PASS COUNCIL BILL NO. 83, SERIES OF 1981, ON FI NA L READING. Council Member Bilo seconded the mot ion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Neal , Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Memb rs Higday, Otis. The Mayor Pro T m declared the motion carri d. * * * * * * COUNCIL MEMBER BILO MOVED TO BRING FORWARD AGENDA ITE M 7H -RESOLUTION AMENDING THE PROPOSED 1982 BUDGET. Council Memb er Keena 1 cond d th motion. Upon a c 11 of th roll, th vot r ault d aa follow : I • - November 2, 1981 Page 9 Ayes: Nays : Absent : • • • Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Counc il Members Higday , Otis. The Mayor Pro Tem declared the motion carried. RESOLUTION NO. 45 SERIES OF 1981 A RESOL UTION AMENDING THE PROPOSED 1982 BUDGET. COUN CIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1981 WITH THE FOLLOWING AMENDMENTS : SECTION 1 A UNDER "MUNICIPAL COURT" "AMENDED" REPLACE THE FIGURE $356,1 83 WITH THE FIGURE $275,260; IN COLUMN "AMOUNT CHANGED" REPLACE THE FIGURE ($10,700) TO ($91,623); UNDER TOTAL GENERAL FUND EXPENDITU RE CHANGE UNDER "AMENDED" CHANGE $3,227,627 TO $3,146,704 AND CHANGE IN THE LAST COLUMN "AMOUNT CHANGED" ELIMINATE THE $78,000 AND REPLACE WITH ($2,923). Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER KEENA M~VED TO AMEND THE MOTION BY ADD! G "SECTION 2. TRANSFER TO PlF $864,216". Council Member Fitzpatrick seconded the motion. Council Memb r N al stated out of the $91,000 that w 1 cut out of th original proposed budg t approximately $62,000 w s duplicated in the Finance D partment for co mputer mon y. Therefor , $91,000 was not actually cut out of the proposed Court budget but th duplication was eliminated. Upon c 11 of the roll, the vote on the amendment sulted as follows : Ay a : Council M mbers Neal, Fitzpatrick, K ena, B!.lo, Bradshaw. Nay Non • Abe nt : Council Member Higday, Oti . Th yor Pro Tem d cl r d th motion carried. re- Upon a call of th roll, th vot on th original 110- tion r ault d a follows: I • - \t. November 2, 1981 Page 10 Ayes : Nays: Absent : • • • Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Members Rigday, Otis. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 84 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1982. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 84, SERIES OF 1981, ON FIRST READING AND TO ADD IN THIRD "WHEREAS" I N THE FIRST BLANK THE NUMBER 45, IN THE SECOND BLANK THE WORD 2ND, IN THE THIRD BLANK THE WORD NOVEMBER ; IN SECTION 1, FOURTH LINE IN THE BLANK THE NUMBER 45. Council Member Keena seconded the mot ion. Upon a call of the roll, the vote resul ted as follows : Ayes : Nays : Absent : Council Members Neal , Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Members Higday, Otis. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1981 __ _ * * * * * * BY AUTHORITY A BILL FOR • COUNCIL BILL NO. 85 INTRODUCED BY COU NCIL MEMBER NEAL I . • - November 2 , 1981 Page 11 • • • AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1982 AND ENDING DECEMBER 31, 1982, CONSTI- TUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1982. COUNCIL MEMBER NEA L MOVED TO PASS COUNCIL BILL NO. 85, SERIES OF 1981, ON FIRST READING. Council Member Keena seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY CHANGING THE FIGURE S IN "SECTION 1. GENERA L FUND" UNDER LEGISLATION CHANGE $368,118 TO $378,118 ; UNDER MUNICIPAL COURT CHANGE $366 ,883 TO $275,260 ; UNDER ADMINISTRATION CHANGE $1,395,355 TO $1,420,0 55 ; UND ER PUBLIC WORKS CHANGE $2,567,882 TO $2,594 ,882 ; UNDER PARK S AND RECREA TION CHANGE $1,939,760 TO $1,966 ,760; UNDER TOTAL OP ERAT i NG CHANG E $13,925 ,517 TO $1 3 ,9 22,59 4 ; UNDER TRAN SFE R TO PIF CHAN GE $575,000 TO $1 ,439 ,216; UND ER TOTAL CHANGE $1 4,500,517 TO $15,361,810 ; UNDER PUBLIC I MPROVEMENT FU ND CON STRU CTIO N OF MAJOR CAPITAL PROJE CTS CHAN GE $1,5 51,000 TO $2 ,415,21 6 ; UNDER GRAND TO TAL CHAN GE $23,089 ,14 9 TO $24,814,6 58 . Co un- cil Member Bi l o se conded the mo tion . Upo n a c all of the roll, the vote on the ame ndm ent r e sul ted a s f ollows: Ay e s : Nays : Abs ent: Council Member s Ne al, Fitzpatrick , Keena, Bilo, Bradshaw. one. Co uncil Members Higday, Otis . Th e Mayor Pro Tem declared the motion carried . Upon a call of the roll, the vote on the original motion resulted as follows : Ayes : Nays : Abs nt : Council M mbers Ne 1, Fitzpatrick, Keena, Bilo, Br dshaw. None. Council Memb rs Higday, Otis. Th Mayor Pro Tem decl red t h otion c rri d. Council Member K en stat d th det it of th se chan g s wer made at tn r tr a and sh reque ted that th information be pass d onto Municipal Court Judg Parkinson. • * * * • • • I . • • November 2, 1981 Page 12 '. • • • City Attorney DeWitt transmitted a report concerning Mann v. City of Englewood. Mr. DeWitt stated the Court dis- missed the claim of Vern Mann against the City. * * * * * * City Manager McCown presented a Council Communication from the Director of Utilities concerning the Zuni elevated water storage tank reconditioning and painting. Mr. McCown stated the low bid was from Thom~son Painting and Sandblast- ing of Greeley in the amount of $76,417.00. COUNCIL MEMBER BILO MOVED TO AWARD THE BID FOR THE RECONDITIONING AND PAINTING OF THE ZUNI ELEVATED WATER STORAGE TANK TO THOMPSON PAINTING AND SANDBLASTING OF GREELEY IN THE AMOUNT OF $76,417.00. Council Member Keena seconded the motion. Upon a call of the rol l, the vote resu lted as follows : Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Ke ena , Bilo, Bradshaw. Non e. Coun cil Members Higday, Otis. The May o r Pro Tem dec l ar e d th e mot ion carried. * * * * * * City Mana ger Mc Cown transm itte d a Coun cil Co mmun i cation concerning Autho rity /Co mmi t tee res i gna tions a nd appointments. Mr. McCown s t a ted the comm unica tion summ riz es the status of ap- p o intme nts on the Ur b a n Renewa l Authority and other co mmittees for wh ich there a r e vacan cie s. Mr . McC own stated the appoint- me n t to t he Urban Renewal Authority is done mayor1ally and wou ld have to be m d when the Mayor was present. Mayor Pro T m Br d haw explain d appoin m nts for the other vac ncie would b made sometime in the n ar futur * * * * * * City Manager McCo wn inform d Counc~l bee use th r ~ re dd 1tional r comm nda ions or u e of r v nu sh rin fund• noth r h aring would hav to be h ld. COUNCIL MEMBER KEE NA MOVED TO SET TH PUBLIC HEARING ON REVENUE SHARING FUNDS ON NO VEMBER 16, 1981, TO FOLLOW SU BSE- QU NT TO THE BUDG T HEARING. Council M mber Fitzpatrick lee- and d h motion. Upon a call of th roll, th vot r 1ult d a1 ollows: • I • • - • • • • November 2, 1981 Page 13 Ayes : Nays : Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Council Members Higday, Otis. The Mayor Pro Tem declared the motion carried. * * * * * * Mayor Pro Tem Bradshaw thanked Council for support on the Elsie Malley Center Trust Fund. Ms. Bradshaw stated money has already been received as a result of the flyer enclosed in the packet. * * * * * * Council Member Neal requested before the end of the year, that a garage sale ordinance be prepared consisting of: 1) removing a technical obligation on the part of the seller to collect sales tax; and 2) to allow signs to be placed in the neighborhood, the size of which would have to be determined. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEET- ING. Mayor Pro Tem Bradshaw adjourned th m eting without a vote at 8 :23 p.m. • I • • - ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Nov . 12 , 1981 AGENDA ITEM SUBJECT EDDA WALK-THRU PROJECT ~c., INITIATED BY Department of Eng i nee rin g Serv i ces ACTION PROPOSED Award of Constru ct i on Cont ra ct for t he EDDA Walk-Thru Pro jec t BACKGROUND On Septemb e r 15, 1980, City Council passed Ordinance 35, Series 1980, creating Do wnto wn Improv eme nt District No. 1980-1. The Project consisted of the construction of a parking lot in th e 3400 block of So. Lincoln Street and a ped estrian walk-thru conn ecting the parking lot with the 3400 block of So. Broad way. Construction of the parking lot was completed in early 1981. Construction of the walk-thru was delayed due to problems in right-of-way acquisition. On October 1g , 1981, City Council passed Ordinance 71, Series 1981, on final reading establishing the final assessments on Downtown Improvement District 19BO-l. Although construction of the walk-thru portion of the Project had not been completed, this action resulted in a substantial bond interest savings to the Project and, consequently, to the City. The previously-mentioned right-of-way problems have been resolved and the City now owns the necessary property to construct the wal -thru portion of he Project. FINANCIAL The total estimated District costs were established in the Assessing Ordi- nance. Those items associated with the walk-thru portion of the project w re, of course, based on estimated costs. Ma jor pertinent estimated costs compared with actual and bid costs are as follows: • I • • I • -2- Land costs for walk-thru 3448/3450 So. Broadway Walk-thru construction Estimated Budget Construction Contingency Revised Cost Estimate • • • Estimated $120,000.00 80,000.00 $200,000.00 Actual/Bid $113,000.00 81,037.00 8,963.00 $203,000.00 Note : Funding for the $3,000 difference between the original estimate Budget and the Revised Cost estimate is available from the existing ! $41 ,500 Project Surplus. This surplus was created when the City Council made an additional $100,000 appropriation to the Project, and based on estimated costs, the Fi nal Assessment Data computations indicated that only ! $58,500.00 would most likely be required. Ba s ed on t he above, the Project will still exper i ence a funding surplus in t he ne i ghborhood of ~00.06, fro m Council 's $100,000.00 f i nal appro priation. REC OMMENDATION j 8,sc"' Fi ve bi ds were received for the construct i on of the EDDA Walk-Thru, as follows: (See attached Bid Summary Sheet.) The l ow bi dder wa s Abb ott Construct i on in the amount of $81,0 37 .00, wh i ch i s under t he arch i tect's base es t im ate of $85,548.00. The four (4 ) bi d alter- nates are as follows: 11 I nstallat i on o f Snow Melt i ng Heat i ng Mat throug h wal k-thru t o main- tai n an appro xi mate ly s ix-foot-w i de pathwa y open i n even the worst of we athe r conditio ns. We a nt ici pate t hat th is feature wi l l not onl y be maint en anc e-cost e f fect iv e, bu t wi ll a lso ha ve a pos i t i ve im pact rela- tive to the City's liability with r espect to acci den ts. 2 Increase the sidewalk thickness in the walk-thru f r om four to six i nches thick . Will greatly reduce the chances of damage to walks in the event that they are subjected to motorized vehicle usage. 3 Construction of sprinkler irrigation system by contractor . SUGGESTED ACTION: MOVED BY ____________________________ __ SEC OND ____________________________ ___ YES NO ____________ ~ABSENT ________________________ _ • I • • - ( • • • • -3- #4 Landscaping of walk-thru by contractor in the early spring of 1982. We recommend that the construction of the EDDA Walk-Thru be awarded to Abbott Construction, the low bidder, in the amount of $81,037.00, inclu- sive of all four bid alternates. We believe that in a project of this nature, a construction contingency of approximately 10%, in this instance $8,963.00, is necessary and appropriate. Although Abbott Construction Company is not personally known by the City, the architects, Oliver & Hellgren, have had previous experience with them and relate that this experience was satisfactory. Abbott Construction has a work experience in the Denver area of some 14 years, including a recent remodeling contract of approximately $132,000.00 at Centennial Race Track. Attach. RK/lo SUGGESTED ACTION : MOVED BY ______________ _ SECO ND ___________________ ~----- VES -----------~~.<0 __________ -J~-~SENT ______________________ __ • I • 111 • • - 0 EDDA WALK-THRU BID SUMMARY SHEET Abbott L I M Technology Crosby C.P. Oliver I Constr. Enterprises Constr. Constr. Constr. Hellgren Base Bid $61,311 $75,277 $75,748 $ 77,466 $ 75,606 s~.B39 Alt. fl 8,577 5,700 6,900 14,930 14,404 10,500 Alt. 12 2,910 3,050 3,500 I 2,915 4,092 2,500 I Alt. 3 3,507 3,900 3,177 4,160 7,745 2,735 Alt. 4 4,732 4,800 7 ,900 4,693 9,500 4,974 Totals $8 1 ,037 $92,727 $97,225 $104,164 $111,347 $85,548 { + contingency) $89,243 • • - • MEMORAND UM TO : FROM: DATE : Andy McCown, Gary Higbee, November 12, • • • f/3 ~~ City Manager ~ ~ Director of Finance .J ./._ . 1981 ~ c-vzy ~ SUBJECT: General Revenue Sharing Funds Attached is a notice that will be run in the Englewood Sentinel next Wednesday, November 18, advertising the General Revenue Sharing Fund hearing for December 7, 1981. The $1,843,000 in- cludes $1,268 ,000 from the periods 1980 to 1981 as well as $575,000 for the 1982 entitlement period as we included in our 1982 proposed budget. The reason 1 am re-advertising the $575,000 from the 1982 entitlement period is that I do not feel our prior notice of public hearing was adequate in designating our specific purpose for the utilization of those funds. When Council announces the public hearing for December 7th, I think it would be appropriate perhaps for the Mayor to read the attached notice of public hearing . /jlw attachment • I • • • • • • NOTICE OF PUBLIC HEARING General Revenue Sharing Funds Notice is hereby given that there will be a public hearing on Monday, December 7, 1981, at 7 :30p.m. in the City Hall Council Ch ambers , 3400 South Elati STreet, Englewood, Color do, relating ~to propsoed uses for surplus 1980 and 1981 funds, and 1982 En- titlement Period Revenue Sh aring Funds. Proposed Uses of Funds : 1982 Public Safety Personal Services $1,843,000 All int erested parties may submit a letter to the Englewood City Council, 3400 South Elati Street, Englewood, Colorado, or m y ttend the hearing and will have the right to provide written and or l comments and ask questions cone rning the entir budg t and the r lationship of Entitlement Fund to the ntir bud t at the aforesaid time and place. • I • • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING September 23, 1981 Th e rescheduled regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:15P.M. at the Simon Center, 3333 South Lin c oln, En g lewood, Colorado 80110. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Bev Bradshaw Rev. J. Stanley Fixter-arrived at 5:40P.M. Cindy Peterson None Susan Powers, Director of Community Development Franc es Buck Jonas, Exe c utive Di r ec t or - Housing A1 VanDemark, Technical Se rvices Supervi s or Kathy Hayter, Rehab Specialis t Pat Arnett, Occupancy Specialis t Tom Chandler, Nelson-Roth of Co lorado, Inc. Rod Dornbusch, Project Manager, Brady Corporation 5 A Carl Fischer, Inspecting Ar c hitect, Maxwell Saul & Associates Dave Attenhofen, Architec t for Nelson-Roth Rec o rding Sec r e t a ry Reading and Approval of Minutes The minutes of the r egular meet ing of Augu s t 26, 1981 were c on s idered f or approval. The fo l l owing changes w re mad e : Page 1 -c hange Kar n Smith's title f r om I n t erio r De corator to In t e r ior "Des igner" Pa ge 6 -7th paragr aph : change "D cor ator " t o "D es i gn e r" P ge 10 -Second par agr aph , s cond a ntenc : chang "a " to "and" aft r will b • Also chang "with" to "as" aft r "no b competing" Page 11 -Fifth par g r ph, ixth a nt nc "Th 39 units" will b •.•• ch ng "This" to P ge tl -Fifth p rag r aph, sev nth s nt nee: ch nge "will be us d as" to "is" p g 11 -Sixth paragraph, fir t nt nc : chan e Sw di h "ia to b th ma na ra" to Sw dish "will b responaibl or manag nt" ... • I • • • - Page 12 -First paragraph, third sentence: change "interested in" to "considering" Page 12 -Last paragraph, last sentence: ins rt "smoke" befor e "detected" MOTION CINDY PETERSON MOVED ~~ BETTY BEIER SECONDED THE MOTION TO APPROVE THE SUGGESTED CORRECTIONS AND APPROVE THE AMENDED MINUTES OF THE REGULAR MEETING OF AUGUST 26, 1981 . THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Public Housing Projects Construction Report Mr. Dornbusch stated that the fifth floor south end of the elderly mid-ris will be poured on Friday. This is the fourth elevated deck which means that the elevated decks are half-way done. The boiler is on the job site and the fire pump is expected this week. Mr. Dornbusch stated that the fire lines are being run and th main riser is up to the fourth floor. The masonry is progressing from the fifth to the sixth floor. Mr. Dornbusch stated that h anticipat s paving th end of this month. The elecLrical service is expected to b installed tomorrow und rn ath th paving reas; gas , water and sewer are in. The f ini shing of the dry pans ha progress d and will be finished the end of this week as w 11 as all th site work. Mr. Dornbusch stated that they anticipate pouring on October 23rd which includes finishing concrete. Mr. Fischer stated that the construction workers hav started the metal studs on the first floor which shows the division of the spaces. Mr. Burns asked if th problem with the mesh was resolv~d. Hr. Fisch r stated that thi has not b en resolv d in writing a yet. H will get thi in writin within th n xt w k. Mr. Fi cher st t d that th r was no problem with th lab. There i scm cracking in the slab but this i. anticip t d. Chang Mr • Jonas at tot 1 o ch n i $16,284.00. omitting th w ar a but h is not sure of th Mr. it m pendin ar hoi Phon j cka in th 1t d th t at the Mr. Filcher r 1 at was $11,993. 3 upon aub r ction o -2- • o.oo. Th (EH.A) h a to th room and cumulaciv pprov d EH.A or of fie ra p nding that h v not it II 111 pprov d all w 11 as approv d a docUlll nt would as u ving. I • • • • - The next item was upgrading of the vinyl floor. This was submitted at $6,800 and Nelson-Roth was to add their 5% overhead, 5% profit and 1% bonding, which , equals $7,572. Mr. Fischer stated that he received a document stating that the ~o st of the upgrading of the vinyl floor is $7,838. Mr. Chandler stated that _he added interest, developer's fee and architecture costs. Ms. Bradshaw asked why these additional costs were being added. Mr. Fischer stated that the cost to Mr. Dornbusch was $6,800 and then he added 5, 5 and 1 which is explained above. Mr. Chandler stated that these were Mr. Dornbusch's costs which were allowed by HUD. Mr. Chandler stated that to this amount he added a 5% developer's fee which includes Nelson-Roth's overhead. Mr. Dornbusch stated that 3~% sales tax is also added in. He also added Nelson-Roth's financing which is 7~%, and added what it wouldbe for six months, as Nelson-Roth is planning on handing the project over to the ERA the first part of March, 1982. Mr. Chandl e r stated that on the extra heavy asphalt and phone jacks he has waived the interest and developer's fee. Discussion ensued regarding this matter. Mrs. Beier asked if the upgraded vinyl floors met the specifications on the acoustics. Mr. Fischer stated that it doesn't meet the sp ecifications entirely. He stated that he spoke with the suppliers and they felt that the difference was very small. The difference on maintenance will offset anything lost in the wa y of acoustics. Mr. Fischer stated that in regards to the change in the northeast grading, the original plans showed contours and grading of the northeast corner that wa s going to allow water to come around the corner , down and over the curb and into the units,was changed. The additional cost of this would b $1,553. Mr. Chandler stated that this amount will not be c harged to the ERA. This will be done in a no cost change order. -·Mr. Fischer stated that because of code, the sprinkler heads in the electrical room have to be deleted as the code requires covering a 6" line . Mr . Fischer stated that this will be an additional $17 which Nel son-Ro th will pay. Mr. Fisch r stated that in reg rds t o adding a drop c iling in th entry way vestibule, the drawings show th cei ling to b concr t pray d with texture and a unit heater hangin below this c iling. It wa s f l t a drop ceiling should be put in for an addition 1 $294. Mr. Fischer stated th t this i an addition in the value of the building. Mr. Beiberly suggested that this drop c iling be added. Mr. Dornbu ch st t d that this will b a drywall metal stud ceil!n . Di scussion nsued regardin this tt r. MOTIO BEV BRADSHAW I«>VED AND CI Y PETEJlSO, SECONDED THE TIO. TO APPROVE AN ADDlTIO AL DRYWALL CEILING TO COVER. THE ENTRANCE VESTIBULE WHICH COVERS THE UNIT HI'!ATER. TH KlTIO lED AS FOLLOWS : AYES : S, BE IE , BRADSHAW, FlXTER, PETERSON NAY S: A.BS Hr. Fisch r stat d that th City of En 1 w od had approv d th th installation of t driv ways into th proj c. Durin th City c up with obj ctions , o£ which wa s th I ngth th th hsndi app d p r in h r t t d that h p ith nd was told th t th y h d pr ly pprov d th pl n -3- • pl n euch for conetruc tion th curb cu t for h City n in r e uld cc: pt I • • • .. • construction as per plans. Mr. Fischer stated that the City inspectors came out on the job and stated that they would approve the length of the curb cut even though it exceed requirements, but the ends of the drive-in as shown on the plans was a 45" taper and the City of Englewood wants it at 90" with a three foot taper down to the pull-in (which is where the cars pull in next to the building). As a result, the contractor submitted an additional cost of $457. Mr. Chandler stated that this will not be cha rged to the EHA as Nelson-Roth will pay for it. Mr . Fischer stated that in regards to the annunciator panel, the Fire Marshal has requ sted that instead of having one panel on each floor that shows the unit in which the fire has occurred, it should all be brought down t o the first floor in a master panel. The contractor 's price with N lson-Roth's markup is $3 ,358 plus $210 for a total of $3,568. Mr. Fischer stated that since the drawings were based on minimum s tand ards and building codes and that this is a change by the local Fire Mar&hal, it is his recomm ndation to either turn it down totally and put it in according to plans and specifications, or pay the difference . Mr. Chandler stated that this was done as was requested by the EHA . Ms. Powers stated that her under standing was that it was t o be designed as much as possible like the Simon Center. Ms. Powers stated that she has a letter that also went to Mr. Chandler from the Fir Marshal sta ting that h did not hav specific enough plans and he wante d to see the s hop d rawing s on the whole sys t m befor he would approve the plan. Mr. Chandler stated that they designed the annunciator panel system as was req uested and that this is a change in interpretation of the fire cod Discussion ensued regarding this matter. Mr. Burns stated that this matt r should be clar i fied before the Board will approv it. Mrs. Jonas s tat ed that the Fire Marshal, Walt Groditski, sent a memo stating that he could not tell what was needed from the plans regarding the annunciator p nel, and that he wanted to see the original shop drawings . It was decided to table this item until further information could be provided. Mr. Fischer s tat d that the next item for discussion was the electric 1 outlets. This it m wa s tak n out by add nda. The inspectors are now saying that thi item w to b put back in. The cost of this item is $3,068. Mr. Dornbusch stated that th outlet w t ken out by recomme ndation of Loren Snyder of Brady Corporation. H st ted that th r is on outl t on the wall and two outl t are bein r quir d no . Th outl ts ar on the wall b tw en th b droom and th living room. Th outlets would b on the living room side. Th Fire Marshal said that this is a cud it m. Mr. Flach r ask d that this it m b t bled al o until h c n mak Mr. Dornbusch stat d th t th problem with tabling th s r oin pprov d ev ntu lly, th cost building is con tru t~d. Hr. Dornbu ch tat d that tor p n 1 ha t o b includ d and th lectrical outl t slabs s it i · Bo rd aak d for a 1 1 opinion r • ir wa a re ponaibl or payin or chan to aid-r ia proj ct up to Cit~ cod . Hr • I • • • • • t ha t according to Mr. Wickersham the turnkey contract of sale, §2.2, s tates that t he completed improvement shall be in accordance with the plans and specifications ~that the EHA signed and in accordance with all applicable federal, state and local JW S and regulations. The seller shall be responsible for the delivery of im- _roveme nts in good and tenantable condition. Mrs. Jonas discussed Mr. Wickersham's opini on . Mr. Wickersham's opinion was that Nelson-Roth is responsible for paying fo r any changes necessary to comply with local laws, i.e., the City building and fire code. Mrs. Jonas stated that she spoke with George Geiser from HUD's legal counsel office and he told her that it is definitely the responsibility of the developer to take care of code items that are between the City and the developer, and that the EHA has no control over what the City is demanding and that the EHA has no responsibility of paying for these changes that are demanded to meet code . Mr. Chandler stated that this was true if Nelson-Roth left something out o f the building. However, regarding the electrical receptacles, it was signed off on by the City. This may have been a change in interpretation of the code. Discussion ensued regarding this matter. In response to Mrs. Beier's question, Mr. Chandler stated that the code does require that there be two outlets on the wall unless the City Building Department s igns off that the two outlets are not needed. Mr. Fischer stated that the addendum amends the plans and specifications. He stated that an addenda makes any changes to the plans and specifications prior to the final contract. Mr. Chandler stated that on both of the addenda, they were signed off on by the Building Department on April 15, 1981. Ms. Powers stated that this wa s not true and that the Build ing Department did not approve the two addendums Mr. Chandler referred to. Discussion ensued regarding this matter. Mr. Burns stated that both of these items ir question are subject to having a meeting with the Building Department and Fire Marshal. In response to Ms. Bradshaw's question, Mr. Dornbusch stated that the additional outlets would be approximately $500 per floor. Discussion e88Ued regarding this matter. Mr. Fischer s tat d that there is a credit of $79 for d leting the partition between th off i ce and the s t o rage room. Mr. Fischer s tated that a c redit in the amount of $180 was received fo r th pain t on th lobby wal l on each floor at the elevator. Mr. Fischer stated that in regards to the installation of the draperies, the figure from th contractor is $8 ,484. Mr. Chandler stat d that there ia no mark- up on th draperies. Mr s . Jonas stated that she spoke with Georg Geiser at HUD about wh o will pay for th rods nd draperi Mr. G iser stated that HUD cannot legally make Nelson- Roth pay for the drap ries or the landscape sprinklers s they are not part of th e c ontract with Nelson-Roth e ven though it wa s in th original cost breakdown and dev loper 'a p cket. Mr. Ch ndl r stat d that N laon-Roth got into a cost bind on the r qu sted that ao items nd dollar amounts b t ken out o! th s tated that HUD aid th y would nev r ask th t drap s b d 1 ted proj ct. Discuss ion nsu d r garding this matt r. Mr. Chandler lidn 't hav nythin in wr iting r garding this d 1 tion but that h ite -5- proj ct and HUD project. Mr s. Jonas from n lderly t t d th t h HUD did d 1 t I • • • • • • Mrs. Jonas stated that Mr. Geiser looked through all the files and could find no record of any of these items being deleted , but he also said that these items were not a part of the contract the EHA signed off on. Mrs. Jonas stated that the EHA has to request more written communication from HUD regarding deletions and such, especiall y since the duplex plans and speci- fica tions are presently being reviewed. Mr. Chandler stated that HUD usually requests deletions verbally. Mr. Fischer stated that since the two items have been tabled temporarily, the EHA will have spent to date $38,870. This includes the $8,484 for drapes. Mr. Fischer stated that based on all information from HUD, the amount of $46,950 is the contingency for the EHA. Mrs. Jonas stated that the EHA contingency if $48,764 which is a contingency on the entir e cost, not just the contract. Mr. Dornbusch stated that the flooring upgrading was approved for $6,800 which did not include taxes, tc. Mrs. Jonas sta ted that this was approved at a s pecial meeting for a cos t of $6,800. The total cos t is now $8,537. MOTION CINDY PETERSON MOVED AND BEV BRADSHAW SECONDED THE MOTION TO APPROVE THE UPGRADING OF THE VINYL FLOORS l THE KITCHE S IN THE AMOUNT OF $8,537 RATHER THAN $6,800. THE MOTION CARRIED AS FOLLOWS: AYES : NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON ONE NONE Mr. Fischer s tated that in regards to the exterior color s of the building, the specifications call for a dark stain on th block. Mr. Fischer showed th color s that wer e previo usly approved for lh Dryvit System and windows. Mr. Fisch r stated that Mr . Bi b rly submitted th color blu forth roof. Mr. Fi ch r asked for th opinions of the Board r garding colors on th masonry. Discussion nsu d r egarding this matt r. MOTIO CINDY PETER SO MOVED AND BEV BRADSHAW SECONDED THE KJTIO TO APPROVE THE COLORS SPECIFIED I THE SPE IFICATIO S FO THE BLOCK PAl IT AND SEALE ICH IS A DARK BROWN COLOR. THE MOTIO CARRIED AS FOLLOWS: AYES: AYS: ABSENT: BURNS, B IF. , BRADSHA , PETERSON lXTER NE Discussion nsu d r gardin th color "blu " for th r h Hr. 1 b rly chos . K>TION CINDY PETERSO, MOVED AND BEV BRADSHA STEEL BROWN FOR THE ROOF S. TH MOTIO AYE : NAYS: ABSENT: BEIER, BRADSHAW, PET SO BURNS, PIXTER ONE Mr. Dornbusch It&t d th t th roo• wh r th APP T COLOR t r lt&ck 11 ha a witch pan 1 • ) I • • • • ,. • whic h t he National Electric Code requires that 36" be in front of so tha t the elec trician c an wo rk on the panel. The mid-ris e only has 33" in fr ont of the panel . The City's Electrical Inspector has stated that he will not mak e a .-·iance in this instance as it is a matter o f s afety f o r the electrician. Dornbusch stated that the complications of not having a varianc e are that the electrical bu s duct is already located on f our decks. If this ha s t o be moved, the construction workers will have to chip away at the floor and c ould poss ibly jeopardize the structural integrity of the building. Mr. Dornbusch stated that i n front of the bus and switch i s a vertica l s ha f t wh ich is already located on four f l oors also. If this were to be changed there would be problems with the structure. Mr. Dornbusch s ug gested that a variance be o btained to allow this 33 " as opposed to 36". Discussion ensued r e ga r d ing thi s matter . Ms . Powers stated that she will talk to the Electrical Inspector regarding th is pro blem . MOTION BEV BRADSHAW MOVED AND REV. FIXTER SECONDED THE MOTION TO AUTHORIZE THE EXE CUTIVE DIRECTOR, FRANCES BUCK JONAS, TO WRITE A RESOLUTION SPONSORED BY THE ENGLEWOOD HOU SING AUTHORITY ASKING FOR THE 3" VARIANCE FOR CLEARANCE FOR EACH FLOOR ELE CTRI - CAL DISCONNEC T . THE MOTION CARR IED AS FO LLOWS : AY ES: NAYS : AB SE NT: BURNS, BEIER, BRADSHAW, FI XT ER, PE TERSON NONE NONE • Fischer and Mr. Dornbusch left the meeting at 7:05 P.M. Duplex Unit s Mr . Cha ndler s t ated t ha t he received the r e view on th e plans from Carl Fische r and HUD. He sta t ed t ha t he is mee ting with HUD i n t he mo rnin g on some ite ms they hav e r equested . Mr. Chand ler sta t ed t hat he hopes to have t he r evised pl a n s back to th EHA within fo ur teen (14) da ys. Mr . Chandler s t a t ed t ha t he will ask fo r a lett r from th City regar d ing app r oval of t he plans . He would like a le tte r f r om the Fire Departm nt also. Mr. Cha ndl e r s ta ted that l a st w e k HUD gave Ne lson- Roth an extension ro September 30th. Mrs. Jonas stat d that h talked to Justina Walls at HUD yesterday and HUD is finally etting around to revi wing the d velopment budget. She stated that Ms. Wall s st ted that th r i s about a $50,000 diacr pancy b twe n what HUD has coma itt d and what th proj c t will actually co t. H . Walls told Hr . Jona that at this point th re is no mon y availabl and o item will hav to b cut from th project. Hr • Jonas tat d that sh told H • Walls that the EHA had to t started on this as the EHA h s to pay th City of Englewood b c k by the end of Oc tober. Mrs. Jona t t d that in addition to th bud ted $503,000, the EHA h a $124,000 in DRCOG tow r d th purchas of it a which will b parl of th on-Roth. Diacu sion n u d. Mr. Att nhof n, Archit ct for N l eo n-Ro t h, s tated th t th re ia pres ntly a mbination of vinyl bestoa tile and ahe t vinyl. R stat d that sh et vinyl JS to be installed in ny w t ar aa on a wood floor aa w 11 aa the kitchen and upstairs bathrooms. Hr. Att nhofen stat d that it would be be t r to install ah t vinyl throu hout th whole proje t, not a combin tion oC ah t vinyl and til -7- • • ) I • • • • Mr. Chandler stated that sheet vinyl surface is easier to clean and take care of. Mrs. Beier asked if this sheet tile would be of good quality. Mr. Attenhofen stated that it would depend on who pays for the better tile, HUD or Nelson-Roth. Mr. Chandler stated that HUD will only pay so much per square foot regardless if it is low grade or high grade; it just has to meet HUD's minimum property standards. Discussion ensued regarding tiles in the duplex units. Mrs. Jonas stated that if the EHA has to go with the cheaper possible vinyl flooring b cause of cost, she would rather go to vinyl asbestos tile for mainte- nance reasons. Mr. Attenhofen stated that he has ha d a discussion with Mr. Fischer regarding the vent hoods over the ranges. Mr. Attenhofen stated that the ranges are not located on the outside wall and it makes it difficult to run the ducting to xhaust it all th way. Nelson-Roth's mechanical engineer has expressed his concern that there are too many bends in the duct and that eventually, even though there is a filter, grease will accumulate in th duct and cause a fire hazard ov r a period of approximately five (5) years. Mr. Attenhofen stated that there is no way to clean th duct and the mechanical engineer wanted to go with a charcoal filter type vent which HUD verbally approved since there was a window in the kitchen. Discussion ensued regardin g this matter. In regards to the requisi tion of funds for the elderly project, Mrs. Jonas stated that she submitted two requisitions as HUD said to submit the whole amount and then submit a requisition for the amount the EHA needs immediately for adminis- trative costs. Mr s. Jonas sta ted that she told HUD the schedule showed that the project should be finish d the end of MLrch, 1982. HUD told her to send the requisition in and they would decide when the EHA would get the money. Mrs. Jonas stated that the EHA wanted to get the ~ney back in order to invest it and make some money to pay for other things for the project. Mrs. Jonas stated that the project is now ahead of schedule. She stated that she will send another letter to HUD s tatio that th EHA is requesting funds even arlier as the project may be finished by the middl of February, 1982. Mrs. Jon s stat th preli inary enough not to th n HUD will s down plu h t d that wh n th EHA makes the first draw from HUD, t y pay off lo n and th interest on th preli~inary loan nd HUD ells pay this off plus what the EHA needs for sdministrativ purpo es; 11 more not nd th EHA pays off what th y h v already drawn 1 e is n d d. Mr. Chandl r and Mr. Att nhofen left the m tin at 7:30 P.H. Th r wa hort br ak for dinn r. Pr paration for Man g ment Status Mrs. Jon s at t d th t wh n th contract for th ld rly mid-ris wa s sign d in March, th EHA h d until th nd of August b for lh building would b r ady to v into. buildin may b ready by the nd of F bruary or b inning of larch, 1 2. Hra. Jona1 ltat d that 1taff hal to aet up all proc dure1 for buildin . ltat d that th r are a lot of polici a that n 1 t up for thi1 progr which will b co let ly differ nt th n Simon C nt r. Mr1. Jonaa 1tat d that th big 1t probl m right no ie thet Congreae juet chan d ell th 1 w nd th r uletiona will not b until th nd o Octob r or th b ainnin of 1 81. Th lew• r latin in o liaitl w re chan J, alao ho th u h of will o toward r nt. Mre. J I • • • • s t ated that the income limits have been cut down from 80% of median income t o SO% o f media n income. She s tated that this will elimina te many people from the ~;.ting list and will result in the rent the tenants pay being less that what the . had built their feasibility on. Discussion ensued regarding this matter. Sec tion 8 Existing Report Mr s . Jonas stated that staff talked with HUD about some three and four bedro om un its the EHA has not been able to lease up and asked them to s witch them to tw o-bedroom units . HUD said they would be glad to swit c h the fo ur b edroo ms , but t hey want to know what it i s costing to rent three-bedroom units. They would then give the EHA permission to go up to 120% of Fair Market Rent (FMR) on three-bedroo m units. Ms. Arnett, Occupancy Technician , is working on this now to determine the feasibility of s witching units. If it doesn't work the EHA will ask HUD t o s witch these three-bedroom units to two bedrooms. Annual Contributions Contract Amendment Mrs. Jonas stated that when the EHA had an audit on the Sec tion 8 Program, the r e was only one ftndtngwhich was that the annual financial s tatements we re s ubmitted late. According to the handbook, they are supposed to be s ubmitted 20 days after the end of the fiscal year and they were not submitted until November for tw o year s in a row. HUD wants the EHA to tell them how we will get the financial statements submitted on time. Mrs. Jonas stated that it has been her experience in working and t a lking with other housing authorities that n o one submit s their report within 20 day s after the fiscal year end. Mrs. Jona s stated that the EHA wrote to HUD and told ;em we wouldn't be able to submit the financial s tatement s within 20 days, but would submit them soon after that. HUD wrote b ac k and sa id the EHA would have to submit the financial statement s no lat e r than 20 days after fis c al year end. Discussion ensued regarding this matter. Rehab Report Mrs. Jonas briefly discus sed the st t us repo rt . She sta t ed t h at s ince t he EHA has drawn down all the 1979 CDBC mo n ey , it is t im to close-out this f und. Sh s t ated that the EHA has to do a perfo rman ce r po r t nd hold a p u bl i c hea ring whi c h i e t fo r Oc tob r 12 th at 7:00 P.M . Th is h aring will b chance for t he public to h r how th EHA perfo rm d a n d giv th ir co nts on t h progr am . Mr Jon as stat d t h t th that w r ass! t d with th r po r t. s t aff h s to s nd out a qu stionnaire to all the eli nts 1979 funda and this will b atta hed to th performanc Mrs. Jonas ccount , th HUD and th 1979 lat i ons. • com up on th clo -out concerning th lump to b d posited in the loan res rv to th bank gr em nt. Mrs. Jonas from HUD and put it in th re rv ontr ct b t w n Comunity all b n don agr m nt approved by • t wo r gu- it I • • • .. retroactively. The EllA had a discussion with Rick DeWitt, City Attorney, and Tom Dinkel of First Interstate Bank of Englewood, to see what the City would be willing to do. The City would be willing to add the wording as stated above to clarify the present agreement. Mrs. Jonas stated that there will be an amendment to the agreement with the City and an amendment to the agreement with the Bank. If the ERA does this, it wi ll not have to pay back the $35,000. Mrs. Jonas stated that she wrote to HUD and told them that the ERA wou ld pursue the second option. Mrs. Jonas stated that in regards to the 1981 CD grant the staff has already approved some grants under the 1981 money and work is underway. She stated that the staff is s tting up a system with the bank on grants since the cons truction loan process i s not required on a grant. Mrs. Jonas stated that the staff is setting up public meetings in northwest Englewood to let people know what the program is about. The grant program will also be published in the paper and a brochure is being published to be passed out to every house in northwest Englewood. The ERA is doing this to see how much of a demand there is in northwest Englewood for rehab grants and loans. Ms. Pat Arnett left the meeting at 8:45 P.M. Legislative and Regulatory Community Development Program Changes Mr s . Jonas s tated that the new laws regarding Ccrnrnunity Development states that the States can administer the small cities program instead of HUD. The State of Colorado is interested in doing this. Mrs. Jonas attended the Colorado Municipal League me ting where they discuss d their policy in regards to this and wh at thei stand would be. Mrs. Jonas also attended a NAHRO meeting with two officials from the Colorado Divi sion of Housing to discuss this issue. She stated that tomorrow night the State Executive Division is having a public hearing in the Denver area to discuss the whole concept of Block Grants. She stated that it is not just the Community Development program that is going into block grants to the States; there is Health, Education and W lfare (HEW) money, m ntal h alth money and weath rization money. Mrs. Jonas is to testify tomorrow night in regard s to NAHRO's position. Mrs. Jonas stat d that NAHRO's position is to simplify th program. A strong recommendation is that since fiscal year 1982 is almost her , it would make sens if th y sp nt 1982 makin plans and taking it over the beginning of 1983. Mrs. Jon stat d that a cone rn is that th n w HUD progra in th Stat s wh r HUD will continu to run, will not hav any mor comprehensiv multi-y ar financing. She stated th t this is th y r Engl wo od was going to apply for multi-y ar finan in nd put to ther r h b, downtown d velopment and site acquisition. Now th City cannot do this. Mrs. Jon s stated that NAHRO will push for th Stat m king multi-y r commitm nts which is bas d on appropriations. She ask d th Bo rd to r vi this information th y r ceiv d r garding this matter and to 1 t h r know if they hav ny comm nta. Discussion O$U d reg rding this matter. Mrs. Jonaa bri fly discuss d th mo from rk, T chnical S rvic s Sup rvisor, r g rding camp tibl additions in Engl wood. Mr • Jon a t t d th t 10 of th addition to hom a od do not match with th r r of th Mr. VanD mark 1tated that so of th additions re y aor 1 and brio of other prop rti a in th block. -10- I • • • • • - Mrs . Jonas stated that the City does not have an y type of architectural design review. She stated that Mr . VanDemark checked with Margo Blu at HUD to see if ~ an a r chitectural design review was discriminatory. ~Is. Blu thought it was an excellent idea to have this review and highly recommended having one . This review would just be done on the EHA's loans and grants. Mrs . Jonas stated that the EHA does not want a strict review , but wants to recommend that additions be c ompatible with the roof lines of the existing ho use . Mr. VanD ema rk stated that the applicant would have to bring their plans in before the design review committee to be reviewed before the Rehab Loan Committee meet s . Mrs . Jonas stated that there would have to be a policy passed by the Board con- cerning this review and would be attached to the rehab manual. Mrs. Peterson s tated that she would like to see the gu ideline s the co mmittee would be using for this review as their criteria. Discussion ensued regarding compa tible roof lines. Mrs. Peterson suggested having some kind of objective for rejec ting someone's ideas for an addition to their home. Mrs . Jonas stated that the Housing staff will wo rk with the Planning Depa r tment and put some ideas together on this matter. Elimination of Sweat Equity Mrs. Jonas stated that the EHA is having a problem with misuse of funds with people who decide to have a s weat equity contract. A s weat equity contract is where the homeowner opts to do the work himself or hire it out t o sub-contractors. The client has one year to complete the work on hi s home with a sweat equity contract. Mrs. Jonas sta ted that the EHA canno t spend the money as fast as HUD would like because it takes a year for the client t o spend the money. Mrs. Jonas s tated that Mr. VanDemark and the Bui lding Department put together a test for prospective s weat equity co ntracto r s in o rder for the EHA t o determine if a person is ca pable of doing their own wo r k. Mr s . Jonas sta ted that so far no one has passed the t est . Mr s. Jonas stated that having sweat equity r quires using two com plet sets of forms. She s t ated that staff found that th r e ar mer disadvantages than advantages of having sw at equity. The dvantag would be that of g ttin mer work fo r 1 s money; ho wever, th re ar tim s when the job remains unfini h d. M-. VanD mark the option of The homeown r sponsibilitie stated th t a hom owner who wan t s to do his own job can be given t aking out a con tractor's licens and act as their own contractor. would then h v to deal with the s m set of procedur s nd r - as a contr ctor. Discussion ensu d regarding this matter. Mrs. P ter on stat d that th elimination of sw t not capabl of doing th a deal with th contractor who is doin This would r du th ontr tor's pric . CollDDitt th t if Th fe for a contra tor 's lie n is $100. Mrs. Jonas stat d th t on w t qui t y th EHA suppli s th y up front s th hom own r do a not hav th cr dit with th suppli ra. hom own r then buys th supplies to do th work s. nd th n brin a in r c !pta r the fact to prov th y paid th suppliers. Discussion enau d r gardin this matter. Mrs. B ier stat d th t w t quity was a popul r w y to improv a hom now aa p opl cannot afford to pay a contractor to do th w rk. Hra. B 1 r atat d th t ah b 11 v d in w at quity. -11- • I • • • • • .. MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO ELIMINATE SWEAT EQUITY FROM THE HOME REHABILITATION PROGRAM AND TO DIRECT THE EXECUTIVE DIRECTOR AND STAFF TO WRITE A POLICY ON SUCH WITH NEW GUIDELINES. THE OPTION WOULD STILL BE OPEN FOR A PERSON TO DO THEIR OWN WORK IF THEY SECURE A CONTRACTOR'S LICENSE: AND AS THEY COMPLETE THE WORK ON THEIR HOME, THEY WOULD GET THEIR MONEY. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BRADSHAW, FIXTER, PETERSON BEIER NONE Resolution on Section 8 Existing Budget Mrs. Jonas briefly discussed the Section 8 budget for $409,397. She stated that this is the 1982 budget which is supposed to be submitted to HUD by October 1st. Mrs. Jonas stated that this budget reflects the fact that the ERA now has 137 units and it will cost a little more than $358,000 for housing assistance payments. MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO APPROVE RESOLUTION NO. 8, SERIES OF 1981, WHICH APPROVES SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM BUDGET FOR FISCAL YEAR ENDED DECEMBER 31, 1982. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NONE NONE Simon Center Report Management Report Mrs. Jonas briefly explained the Simon Center report. She stated that this is in a new format. Mrs. Jonas stated that Mrs. Knopinski is working on perfecting this reportin format. Mrs. Jonas stated that the main problem staff had was extrapolating this material from the City's printouts. Discussion ensued. MOTION CINDY PETERSON MOVED AND REV. FIXTER SECONDED THE MOTION TO CO INTO EXECUTIVE SESSION REGARDING ONE OF THE SI N CENTER TENANTS. THE MOTION CARRIED AS FOLLOWS: AYES: AYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON ONE NONE HOT ION B V BRADSHA MOVED AND CINDY PETER 0 SECONDED THE MOTION TO LEAVE EXECUTIVE S SSIO THE HOTIO CARRIED AS FOLLOWS: AY S: AYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON 0 -12- I • • • • • - Status of Proposed Projects ,. Mod Rehab Mrs. Jonas stated that there was nothing new occurring relating to the mod r ehab program. Swedish Corona Mrs. Jonas stated that she spoke with some people at Colorado Housing Finance Authority (CHFA) and they said that the project will probably begin construction the beginning of next year. Koza Property Mrs. Jonas stated that she spoke with Peg Stokes from Mountain United Church Housing about some proposals that Ms. Stokes made to Mr. Koz a about his property. These proposals were turned down by Mr. Koza. Ms. Stokes later informed Mrs. Jonas that Mr. Koza decided that he will not sell his property. Burt Property Mrs. Jonas stated that after the EHA told Burt's attorney that the EHA needed a preliminary proposal in order to figure economic feasibility, we have not received anything back from the them. Director's Choice Mrs. Jonas s tated that when the Equal Opportunity representatives from HUD monitored the EHA's housing programs, they found that the EHA wa s in s ubstantial compliance with the regulations. However, they indicated that there are not enough minorities in Simon Center or on the waiting lists for elderly housing and Section 8 Existing. HUD maintain s that the ERA wi ll have to start asking people what race th ey ar • Mrs. Jonas stated that she wrote to HUD s tating that she reali zes this is a problem but since the EHA is not taking new applications, wouldn 't it be reverse discrimination to do outreach specifically for minorities. HUD called Mr s . Jonas and stated that they would only make th EHA do outr ach specifically for minorities only if we were not in compliance . HUD stat d that since the EHA's Section 8 Existing program is rvin g minoriti s, they would not make us do this sort of outr@ach. Discussion n. u d. County Housing Assistance M tina Mrs. Jonas st t d th t ther is gain& to b tin on October 14th t 7:30 P.M. to discuss wheth r or not l .ittl ton and Eng! ood provid hou ing as ist nc for Arapaho County r id nts in th unincorpor ted arc s. Mr • Jona st ted that h wr ot to th EHA' attorn y asking wh t th EHA could 1 g lly do to provid housin a list Arapaho County's untncorporat dar a • Mr. Wickersham , th EHA's attorn &ive his opinion on this matt r in the n ar future. Mr • J naa tat br1 tly discuss Sh It t d b llo r r th ballot to a1t. ction and National hold uthorization -13 1 ctions. -Pr sid nt, for h v for Mr s. Jonas tc. on ch n a ncy Clay Jon a I • • • • .. • for President and Bill Ratzlaff as Senior Vice-President. MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION AUTHORIZING FRANCES BUCK JONAS AS EXECUTIVE DIRECTOR TO CAST A VOTE IN FAVOR OF CLAY JONES AS PRESIDENT OF NAHRO AND BILL RATZLAFF AS SENIOR VICE-PRESIDENT OF NATIONAL NAHRO. THE MOTION CARRIED AS FOLLOWS : AYES: NAYS: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NONE ABSENT: NONE Mrs. Jonas stated that the National NAHRO CoLference is being held October 25-28, 1981 in Colorado Springs. She stated that she would like to know which of the Commissioners will attend this conference. Mrs. Jonas stated that Secretary Pierce of HUD in Washington will be speaking on Monday. Commissioners' Choice Mr. Burns stated that he was contacted by Sue Powers, Director of Community Development, that the City was doing a review of Mrs. Jonas in her job as a City employee. Mr. Burns stated that this report on Mrs. Jonas was very complimentary and the Board agrees that Mrs. Jonas is doing a very good job as Executive Director of the EHA. Mr. Burns stated that it was strongly suggested at a NAHRO conference he attended that the housing authorities should do evaluations of its Executive Director. He stated that the EHA's Board has never done this and there is no procedure for doing this. Mrs. Jonas stated that she could contact other housing authorities to see how they evaluate their executive director and what procedures they follow to do so. There being nothing further to discuss, the meeting was adjourned at 10:35 P.M. -14- • I . • • • ~~e Englewood Housing Authority Minutes of the regular meeting of September 23, 81 were officially approved by the Commissioners on October 29, 1981. ranees Buck Jonas Executive Direc tor Englewood Housing Authority ( • • I . - • • • • • • WATER AND SEWER BOARD October 13, 1981 Regular Meeting The meeting wa s call ed to order at 5:02 p.m. by Chairman Gibson . 5 p Members present: Gibson, Best, Feamst er, Fullerton, Higday, Otis, Giseburt, Fitzpatri ck A 1 so present: Stewart H. Fonda, Director of Utilities Members absent: None I. UPDATE ON SEWER CONSTRUCTION. The contractor has given assurances that Floyd Street wil l be open to traffic between Thanksgiving and Christmas. The contractor is trying to complete the contract before the end of the year, but the contract allows until next sprinq. If the contractor is not done by the end of the year, he may have a claim, if the city stops the work i n any area, since asphalt prices will be going up. It is estimated that the claim would not be substantial if this work is s hut down on Floyd from Cinderel l a Ci ty to Broadway between Thanksg i ving and Chri s tmas . Se vera l prob lems hav e arise n f or the contractor : 1) The pla s ti c s ewe r pipe may have deflec ted . Fu rther tests are required to determ i ne i f cor rective act io n i s needed. 2) As phalt that wa s applied ha s been re j ected by Englewood because of poor qual ity. The City is givi ng the contractor t ime to come up wi t h a n al t ernative to re pav ing. Asp halt applied to South Bannoc k wa s bette r qual ity. 3) The con t ractor has chipr d seve ra l curb s and need s to res ore th . Our enginee r s claim the contrac t ors were enco uraged to obtain th ir own borings prior to biddi ng th e job. I I. CLELLAN RESERVOIR STUDY. his study i s st1ll a couple of we s from comple t ion by Black and Veatch . The H1g ay D partment, 1ssion Viejo Company and the City of Englewood have conferr d and, depending upon the outcom of the study, several possible al erna iv olu ions app ar feasible . • • - • • • • III. DENVER WATER BOARD CONDUIT 101 NEAR MCLELLAN . The City of Denver ha s been at Mclellan Reservoir surveying for possible routes for a conduit. We are discouraging Denver from locating the pipe on Mclellan property. If a conduit is put through Mclellan, and is an easement, it could pose problems for Englewood and Mission Viejo Company in the future. IV. SEWER SERVICE I N SOUTH ARAPAHOE SANITATION DISTRICT. We are having trouble collecting the sewer tap fees from a developer in this area . We have discussed this with the District, and they have agreed to pay the fees if the contractor does not . Sou th Arapahoe has sent a letter to Ed Leon, and Arapahoe County should not issue C.O. 's until the f ees are paid. We will send a letter expressing that the City concurs with the District's position. V. LETTER TO COUNTRY HOMES SANIT ATION DISTRICT . Th e con trac t between the City and the District is about to expire . We have agree d to leave the present co ntract in force conditional upon 90 days notice from the City of Englewood. This will be in force until a ne w contract is negotiated. VI. LICENSE AGREEMENT ON MCBROOM DITCH . The Ditch Com pany has been approached to sign a release for easement on McBroom Ditch. Stewart Fonda suggested the Board approve a Standard License Agreement with the City of Denver, with the ex- ception of the standard "Hold Harmless" Clause. The proposed clause will read "Insofar as it legally may ........ hold harmless". This is subjec to the City Attorney's approval. Mr. Best ved : Mr . Fullerton Second d A es: ays: Ab nt : tion Carri d. To issue th1s standard License Agreement to the Denver Water Board for a water pip crossing of McBroom Ditch subject to approval by the City Attorney. Gibson, Best, Feamster, Fitzpatric , Hiqday, Otis, Fullerton, Giseburt None on • I • • - ( • • • • • Meeting adjourned at 5:40 p.m. The next meeting of the Englewood, Water and Sanitation Board will be held on Novenber lOth, 1981. Respectfully submitted, Cathy Burr age Recording Secretary • I • PRESENI': ABSENI': OIHERS PRESENI': • • • OOARD OF CAREER SERVICE CU.t.USSICNERS SeptEili>er 17, 1981 MINUI'ES Jo Ellen Tunler , Catherine Pokraka, Janet Kerzic, Robert Brundage, IX>nald Weber. None. Mel BeVirt, Employee Relat ions Director Marilyn Irons, Clerical SUpervisor • * • * * * 5 c Cllaiimlil Weber called the meeting to order. O:mni ioner Brundage rroved, seconded by Ccmnissioner Kerzic to approve the minutes of the August 20, 1981 regular meet ing. AYES: Turner, Pokraka, Kerzic , Brundage, W r NAYS: Non • • • * • • • • • • I tan six on the Agenda was Carmissioners Clloice. The Board conducted a hearing in response to t he City's petition for unit determination and exclus i o n f rom the bargaining unit of the position of Clerical Supervisor . Upon r ec.eipt of testimony and evidence concerning this matter, the following determinati on"~ rendered: Commissioner Pokraka moved, seconded by Cbmmissioner Brundage that t he petition by the City recarmending that the position of Clerical Supervisor be excluded from the Bargaining Unit and declared a supervisory position be denied. AYES: Kerzic , Turner, Pokraka, Brundage, We r NAYS: None. Olainnan Weber declared the petit i on denied. The Board will delive r th ir Findings of Fact within thirty days of the hearing . • • * * * * Ccmnissioner Pokraka questioned the status of the ordinances that were to support th Charter revisions on th Career Service Systan. Mr . BeVirt stated that to his knowledge the o rdinances were t o by the City Council time in October. under consid ration Commiss i on r Pokraka asked if t Career Servic Board was to be abiding by the Olarter o r th o ld ordinances in abse nce o f tb proposed o rdi nances. tr. Virt stat ed that the Board "~ t o abid by th 01arte r . t titiv lnthe appl1cants confi or d<·ny tr . Virt • • • -2- • t i on . I • • • • • It€fll seven on the Agenda was unscheduled visitors choice. There were none present. * • • • * * There being no further business before the Career Service Board , Chainnan Weber accepted a rrotion for adjournment fran Ccmnissioner Brundage , seconded by Ccmniss i oner Turner and adjourned the Sept€11ber 17, 1981 regular meeting of the Career Service Board at 9 :00 p.m. • • • * • * -+-)--/'./ n·· /, , /.. '...._./ (T] ....... ..UJ • \o. -c ,_ __ Ikxlald M. Weber, Cllainnan -3- • I • • - ( c • • • - URBAN RENEWAL AUTHORITY OCTOBER 21 , 1981 5 D An info rmal meeting of the Urban Renewal Authority was held October 21, 1981 at 5:30p.m. MEMBERS PRESENT : MEMBERS ABSENT : ALSO PRESENT : Beier, Dickinson, Fitzpatrick, McClung, Minnick Oliver McCown, City .Manager Wanush, Assistant City Manager Powers , Director of Community Development DeWitt, City Attorney Cole, Urban Renewal Authority Appointee Council Member Fitzpatrick noted that Mr. Oliver had resigned f rom the Urban Renewal Authority as he was no longer a resident of Engle- wood. Mr. Fitzpatrick indicated City Council would appoint a member to replace Mr. Oliver. Rick DeWitt, City Attorney, went through the various statutes that would govern the responsibilities of the Urban Renewa l Authority . He quoted several sections noting areas dealing with the Urban Ren e wal Boa rd. Mr . DeWitt noted that a primary responsibility of the Urban Ren ewal Authority was to finan ce the pub lic p o rtio n of the redevelop- ment. lr. DeWitt i ndi cated he would be available to the Authority and they should feel free to contact him if they have any questions. Susan Powers, Di r ector of Community Developm nt, not e d the meeting tonight was to g et the Urban Re n e wal Autho r ity o rgan ized and to set up some type of sch dule f o r the r e d evelopme n t of the Downtown are a . Ms. Powers noted the Down town plan area boundaries i nclude Floyd Avenue to Hiwa y 285 and from the Broadway-Lincoln Alley to Elati. She gave a brief pr sentation of the background of the rban Ren e wal Authority . Ms. Pow rs introduced Ruth Col as th latest member of the Urban Ren ewal Author ity. She also indicated Council wou l d still be s lecting a r plac ment for !r. Oliv r, which would bring th Urba n R newal Authority Board to s ven (7) m mb r s. Th memb r s of th and gav bri community. Ms. Pow n w typ also to c r a a Downtown wal Authority introdu c d themselves rding th 1r background in the planning r.on ulting f1rm of tin to present n o v rvi w h would b abl to ans r cr at ba but and at th t the Urban R n wa l Au hority would h v on various topic (mark tin , financing ran poration, n xt f nth . • I • ( • • • • -2 - The meeting was adjourned at 7 :15 p.m. ( & {?lim !~ R~rding Secretary • I . - • TO: FROM: DATE: • • • MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge~ November 10, 1981 Attached is the Municipal Court Activity Report for the month of September, 1981. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. /b Att. • I . • • • • lll•lllrl!'~l IIIIIHI M r !VI.' i J'IJ't:IIT -----\1"1'1 [l'tllK·--5li'Tf u"l•l--ftf(IILS REV EN UE SO•JRC E 1981 Vt olations Bureau Ft n•s------------------5 7,248 .00 Parking VtolJtton s Ftncs-----------------5 5 ,117.00 Court Cases ------------------------------S 15 ,004.00 Cou rt Costs------------------------------S 4, 218 . 00 •.lit ness Fees-----------------------------S 308.00 Jur'y f cC"·-·------------------------------5 'JO.OO Uond Forfc 1 turcs ------.-------------------S 4)0.00 Ortve r Improvement School Fees-----------5 225.00 llpncal Bond rces-------------------------5 -0- 19eo fOil YEAR 4 ,330. 50 50 ,6qq_40 ; ,233.00 55,011.14 12 ,47 4 .00 109,330,00 3,!12.00 32,411.00 45.00 1,165. 50 2'>.1lll ,ll'l.Oil 150.00 2 .~~50.00 195.00 2 ,850.00 -0--n- Hli/IL', --- LAST YEAR 52,230.50 50 . 70l. 52 1•10 ,4qll_ 00 29 ,302.50 r.es.oo (llfl Ill 1,lbO.uO 2 ,940. 00 1.00 llrap•hoe County (DUI's )------------------S_lli_,2Q 772.50 8 ,122.50 ____J_,J_!;U. US TOT ALS 533,257.50 28,337.00 262 ,848,54 ARRAIGNMENTS-----------------------·----- fiu1l t y lll ca r, (1nrl. nolo plCc)'",)----- •r o t (,utl y plcols-------------------- Cont'd., Failed to Ap pear, Dis m.----- TRAFFIC VIOLATIONS BUREAU (no. okg. )----- r.u i1 ty pleas------------------------ Uot Gull t y pleas-------------------- 765 16~ 197 206 191 252 139 116 (31) TRIALS SCHEDULE D FO R MONTH--------------- Trials to the Co urt (l'>eld)---------- Jury Tr tah (held)------------------ Jurles cance llej-------------------- Jurles cont lnued-------------------- Jurles dtsnl ssed-------------------- 83 (29) 33 ( 2) Pre-trul Confe rences (Jury Trtah)------ 1-landatory Pre -tria ls--------------------- Special lie art n9s ------------------------- f'J,..c·. clo',CU lty tfi~I'O·o~lltHl (I'.U. ) ............ .. Cases closed by Ocf Pros./~cntencc----- Driver Schoo l a ttendance----------------- rrants and E•ecutlon s usucd----------- Case~ pen~•n~ (not 1ncl. parktn• •;~ or CM£S FlU!!_ C'"~00!?_! 29 4 f) ~0 319 112 U6 ll 21 95 ,Ol4 nov n9 trtffiC v•olat•on~----------------543 Park ng >iohliO,\···--------------------l,l!6 ~ pi ft tng v1ol1tions-------------------44 185 •1 ord1n111U ••olittons-·--··---·-·-· 17 '""t' (cl iz n, nles !1•, bld .)··· __ _ rc"tA s .10 OAABAAJ. ( [', cc: • 359 4,188 164 l ,fll" Il l 1, '(lll 78 1,045 281 3,084 210 2,161 71 923 240 (5) 1,822 (222) no 5) 1,581 ( 197) 20 (0) 241 ( 2S) 20 17q 0 40 0 3 Z6 257 24? 2,Hi0 47 GC3 Ill 1,/l.ll 3 ~A 17 201 0 715 2,C'UI 4, " !, 69 9.1l71l 25 297 6l 1.264 ll 197 ___!! _Q 2,379 16, J 243,109.57 3,076 I. 1/~ 'l'}'i 670 3 ,331 2,501 830 1 ,897 (80) 1,820 (73) 77 (7) 15-1 7 2 190 l,qr-4 2~;1 1,1 ,1 ~~ '>2 211 rG~ ~.1~( 12 ,'123 45~ 80 _____.!! IR, 42 ) I • • ' • • • • • SF W E W 0 R A D N U M ---------- TO : FROW: DATE : Susan Powers~irector of Community Gary Pittman, Chief Building Inspector October 30, 1981 SUBJECT: ICBO Annual Business Meeting As you are aware I attended the International Conference of Building Officia ls 59th Annua l Conference on Education and Code Development on October 4th through October 9th 1981 . The purpose of the business meeting wa s two-fold: 1. Education and training within the profession of Building Inspection . 2 . Code development which of course deals with development of new codes for construction. Wonday and Tuesday were set as ide for education programs. This years education program dealt with design and construction of manufactured housing plus enforcement and inspection o! manufactured homes in residential communities . As you can tell from the topi c, it was the purpose of the program to inform us of the n w technologies r gardin the e products and to eliminate the apprehension of manufactured housin in our communities. Probably of mo t particul ar importanc was that they recognized the diff renee b t w en anufactured housin (housin built in a facto ry and con for in to local build in cod ) and that of convention 1 bil hom that w mo t often a ociat with manufactured housing. ctur a th t th r re no d f! rene s t Buildin Offici 1 w re cone rn d tandards particularly visibl in most b as is bas be n o n anufactur t cc ptance of mobil for in tallation in tandard r 1d n ial co unlti s. A yo u r we r fac d with thi State Le !alation last y ar. I uld not be urpri d to a aucb Le isl tion pp ar a ain. • I • • ' • • • • -2- The next two and one half days dealt with the development of the new 1982 Uniform Building Code Package . It was at this time we acted u p o n the 423 proposed code changes to the Uniform Building Code Package . One major highlight of this part of the program was the proposed re- wr ite of Chapter 33 , which deals with exiting requ irements. There were 33 different challenges to the rewrite of this chapter. The purpose of rewritting was to reduce ambiguities of certain sections o f that Chapter. A!ter 15 hours and 100 presentations for and against the challenges Ch apter 33 was rewri tten with several revisions , but the final product shou l d be better than what we had in the past . A se cond major topic was the proposed reduction in wind load design requirements by the Meta l Builders Association . It was proposed by them that wind load designs are overly restrictive and that reduction in wind load criteria was permissible . This amendmen t wa s disapproved by the membership , which concurred with the Colorado Code Change Co mmittee position that this reduction significantly reduces the safety factor buil t into wind load designs . Also proposed were design standards for atriums which until adoption of the 1982 Uniform Bui l ding Cod e are not requ i red by any design criteria in any code . Atriums create life safety design hazards in l arge secments o f the exit system of a building or stru cture because of the inability to remov e smoke from the atrium area. We no w have new design standards to regulate these facilities. Friday afternoon wa s the Annual Bu iness session where we voted to accept the proposed contract between ICBO and the International Associa ion o f Plumbing and Me chanic al Officials. W would eliminate one National Plumbing Co de and create one Plumbing Code congenial with the Uniform Building Code. • I • • • • • • TO: City Manager McCown (~, A Susan Powers, Director of Communit y Development ~~U ~ FROM : DATE : November 10, 1981 SUBJECT : Report on Out-of-S~ate Trip to San Francisco to Attend Two Days of Training on Redevelop- ment Financing . On October 29 and 30, I attended two separate training sessions on different techniques for redevelopment finance. The first was sponsored by the Univer sity of California Ex- tension Center and specifically addres sed special assessment district s. Apparently, many communities in California are utiliz ing very "creative" assessment districts to finance all publi c imp rov ement s. These communities ar e also a dding a certain percentage to the actual assessment cost to cover future maintenance of the improvements. This has apparently become accepted practice in the s ate and is something we should certainly look into. I mentioned this to Steve Bell and will be transmitting the information I collected on this to him. There was extensive discussion on the issue of estab lishing "special" v rsus "general" b nefit when es- tablishing an assessment district. An overview of the case law on this issue was presented, as well as a detailed explanat ion of the experience of various communities in using sp cial assessment financin~. A repres nta iv from the C lifornia Stat Assembly reviewed several piece of legisla ion in California which may enable special ssessmen s to cover the cost of services to an area such as tre t cleaning, fire pro ection, etc. This would go beyond maint nance of a public improvement and would not ctually relate to "prop rty" which is the traditional basis for assessment charges. It is not clear if these types of ass ssm nts will be d termined o be leg 1. On October 30, I a ended a workshop sponsored by the Council for Urb n Economic D v lopmen . This was regional conference entitl d "D v lopm nt T chniqu for the 'SO's." There were s ssions on th sta u of various Federal programs including HUD, SBA and EDA, and on the n w tax 1 w and how it ncourag s and inhibit r d v lopm n Obviously, th r port on futur F d r l financin is rim and other th n th CDBG program, th r is r 1 tiv lv littl prospect for any ssistanc from th F d ral overnmen . • , I • • • City Manager McCown November 10, 1981 Page -2- • • • TI1e speaker (former HUD Assistant Secretary) did emphasize that the new direction of the CDBG program is economic development and that communities should redirect their programs if any application is being prepared . (We are beginning to prepare a CDBG application for downtown projects). . The tax law presentation was highly technical, but there do seem to be some changes which may provide incentives for private rehabilitation of buildings. In general, I felt the two days were valuable to me and will help me in working with the redevelopment activities in Englewood . gw • I • • - l • C 0 U N C I L DATE November 9 , 1 981 • • • C 0 M M U N I C A T I 0 N AGENDA IT EM CA-A SUBJECT Amendment to Comprehensive Plan fo r Downtown Policies. INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Adopt a Resolution Amending the Comp rehe nsive Plan f o r Downtown Policies. BACKGROUND: On November 4, 1981, the Planning and Zoning Commission approved an amendment to the Englewood Comprehensive Plan in order to adopt the policies for downtown Englewood (attached). These policies are the basis of the downtown plan which was adopted by the EDDA on October 14, 1981. The City Council may only amend the Comprehensive Plan by Resolution . RECOMMENDED ACTION : It is recommended that the City Council approve and adopt Planning Commission Resolution Hl, 1981, and amend the Englewood Comprehensive Plan by incorporatin h a tached policies for downtown Englewood . • I . • - • • • - USOLUTIOit MO. 1, SDI!S OF 1981 A USOLUTIOII or TilE CITY PLAIIIIlltG A11D Z<*DeC COIMISSIOM or !MGL!WOOD, COLORADO, AMDDIMC TB! DCI.ftOOD COitPUIIDSIVI PLAN llOWlft'OWN POLICIES. WIEIZAS, the lnalevood Dowatovn Develo~nt Authority approved the lnalevood Dovntovn Davelo~t Plan and certain policies which are designed to auide the develo,.ent and redevelo,.ent which will take place in the Dovntovn at a .. etina on October 14, 1981; and WIIDULlS, the lnalevood Downtown Develo~nt Authority baa referred the Dovntovn Develo,.ent Plan toaether with aaid policies to the City Planning and Zonina Ca.aiaaion; and WIEIIAS, the City PlADDina and Zonina Co.aiaaion held a Public Hearing on October 20, 1911, at 7:00 P.K . in the lnalevood City Hall, following proper notice 1n the ID&l..ood Sentinel, to consider the Downtown Plan and policies; and WHII&AS, evidence aubaitted at the Public Hearina in the fora of testimony, reports and docu.enta established that: a. Ju.eroua atudiea have been undertaken relative to circulation, utilities, land uae, and present and projected econo.ic and financial status in the Dovntown, vhicb have de.onatrated that additional inveat .. nt and develop .. nt of the Downtown area ia critical to the financial viability of the Dovntown and the lona-tera econoaic viability of the City; and b. Theae studiea have da.onatrated that necessity for a Plan to be prepared which vill guide the rede- vela,.ent of the Downtown area; and c. In response to theae atudiea, a Plan baa been developed for the Downtown area, together wi th policies to auide the orderly develop .. nt wi thin the desianated area ; and WIII~:JU, the City of !nal d, the lnalevood Dovnt Develop .. nt Authority and lrady !nterpriaea have entered into a joint Downtown plannina aare t in order to more effectiv ly a ddress the t.prov nt and develop .. nt of the Downtown; lOW, TIII&POII, II IT aiSOLVID IY THI CITY PLANNIMG AND ZO INC COHKISSIOM or T111 CITY or DCJ.IW001), COLOIADO, aa follows: a . The era of the City PlADDinl and Zonina Co.aiasion approve an ... nd .. nt to th Co~rehenaive Plan to !Delude the Pol1c1ea For lnalevood Downtown Develop .. nt, said Policies beina dated October 12, 1981, and approved by the ln&lewood Dovntovn Develop nt Authority on Octo r 14, 1911; and • ) I • - • &nUT: • • • b • Upon a ..,tiOD by lin. leclta.r aACl aec:ODded by llr. larbre, the ..-,.ra of the City Plannin& and Zonina Ca.aiaaion YOted UDaDt.oualy to refer the Policiu to the ..-,.ra of the laal.wood City Council for 1Dclu.ioa in the Ca.preballabe Plan, baina an -ct.ent thereto . CITY P~IIG AND ZONING COHMISSIOM DGLDIOOD • COLOI.ADO Vice-cbai~ lecrCt&iY. ro t-r· City Pl-ina ud ZOiliDI c-iaaion I, !!!'--c. Coelex • the Secretary, Pro tea of the City Plannina ... &Gaia& eo..laaioa of laal..aod. Colorado, do hereby certify that the above ... fore101aa ia a true, ca.plete and accurate copy of a reaoluti~y adoptacS by -u c-uaiOD at ita (raplar) <•t tel) -•tina bald on the ~ day :!.~!(.~ . lt _i:j__; that the .-baa not bean repealed or otbarviaa .. or iflo4; &Dd that the .... ia atill in affect. • I • • • • • October 12, 1981 POLICIES FOR ENGLEWOOD DOWNTOWN DEVELOPMENT * Adopted by the Englewood Downtown Development Authority on October 14, 1981. In order to protect the city's economic health, strengthen the tax base, expand retail and create an attractive downtown for activity and pride, the following policies shall g uide the redevelopment of the downtown. 1. A concentration of high activity uses should be encour- aged in the Downtown to provide a focal poin t for the city. Downtown should be a location for work, shopping, living and playing with aesthetically pleasing areas for rest and relaxation. 2. To provide housing for workers and encourage home owner- ship, residential condominiums should be provided within the Downtown district. 3. To preserve and protect the existing single-family resid- ential nature of the surrounding area from commercial encroachment, Floyd and Eastman should be strengthened as barriers to further commercial expansion to the north. 4. Downtown should be caintained as a regional ac tivity center with high concentrations of retail, office and residential uses. The downtown area should be developed under a coordinated theme. The arrival points to the downtown, U.S. 285 and South Broadway, U.S. 285 and Elati, Broadway and Floyd, should be strengthened visually to identify the area. Public ransit should be strengthened with a transit center linking the downtown to the regional transit n t- work. The retail/office area long South Bro dw y should b linked with Cind rell City through th d velopment of mall along West Girard Av nue. Th link b tw en Cind r 11 City nd South Bro dway hould b pedestrian-ori nted, with retail us at ground l v l in building bordering th W t Girard Mall. Off-str hould b p rking c p ctiti s should b incr nhanc d with 1 ndscapin . d nd I • • - • -2 - 11. 12 . 13 . 14. 15 . 16. 17 . 18 . 19 . 20. 21. 22. • • • Parking should be provided between development parcels and on the perimeter of the downtown with access from the internal street system . To provide for better vehicular circulation , some inter- sections in the downtown area should be realigned. The proposed redevelopment should be linked to surround- ing neighborhoods with safe pedestrian connections . Existing utilities and new utility service should be placed underground. To maintain the scale of new development compatible with the scale o f existing buildings, high rise development should be located off the mall and Broadway corridors . The building height should be compatible with the height of existing buildings . Useable open space should be created in the downtown . To create an open-space climate, Little Dry Creek should become a f oca l point with a variety of uses developed along its banks. The i mage and character of the redevelopment should be aesthetically pleasing to attract people. Al ternat i ve energy sources (solar , etc .) sho uld be used where poss ib le . Ex i sting ordinanes which guide devel~pment should be reformulated to create a downtown zoning di s trict and to s e t s tandard s f or the redevelopment . To insure a n a dequat e level of public service s i nc l udi ng police and fire p rot e ction a nd ma i n taining pub lic areas. New ways to fin nee the redevelopm nt sho uld be deter- mined and initi t d . 23. A marketing p ck g should b developed to promot the redevelopment . • I . • ( • RESOLUTION NO. 4& SERIES OF 1981 • • • A RESOLUTION AMENDING THE MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "THE 1979 COMPREHENSIVE PLAN" BY ADOPTING ADDITIONAL POLICIES FOR ---ENGLEWOOD DOWNTOWN DEVELOPMENT. WHEREAS, Article VIII, Part II, Section 58, of Charter of the City of Englewood, Colorado, requires the Planning and Zoning Commission of the City of Englewood to prepare and sub- mit to the City Council of the City of Englewood, for Council's approval,a Master Plan for the physical development of the City of Englewood; and WHEREAS, the Englewood Downtown Development Authority has approved certain policies which are designed to guide the develop- ment and redevelopment of downtown; and WHEREAS, the Plann1ng Comm1ssion has held public hearings upon the Master Plan specifically amending the Downtown policies proposed by the Englewood Down o~o.·n Development Authority; and WHEREAS, evidence subm1tted at the public hearing established that numerous studies hav been undertaken relative to circulation, utilities, land use, economic and financial status and show a neces- sity for a plan to guide development; and WHEREAS, the Planning and Zoning Commission of the City of Englewood has approved and adopted the hereinabove referred policies for Downtown Development as an amendment in the Master Plan and submitted the sam to th Ci y Council for the City of Engl wood for its approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, that the following policies of the Englewood Downtown D velopment b and the arne is hereby approved nd dop ed: • I • • • • • • • POLICIES FOR ENGLEWO OD DOWNTOWN DEVELOPMENT * Adopted by the Englewood Downtown Development Authority on October 14, 1981. In order to protect the city's economic health, strengthen the tax base, expand retail and create an attractive downtown for activity and pride, the following policies shall g uide the redevelopment of the downtown . 1 . A concentration of high activity uses should be encour- aged in the Downtown to provide a focal point for the city . Downtown should be a location for work, shopping, living and playing with aesthetically pleasing areas for rest and relaxation . 2 . To provide housing for workers and encourage home owner- ship, residential condominiums should be provided within the Downtown district . 3. To preserve and protect the existing single-family resid- ential nature of the surrounding area from commercial encroachment , Floyd and Eastman should be strengthened as barriers to further commercial expansion to the north. 4. Downtown should be maintained as a regional activity center with high concentrations of retail, of fice and re sidential uses . 5. Th e downtown area ~h ould be developed under a coo rdinated theme . 6 . The rriv 1 points to the downtown , U.S . 285 and South Broad ay, U.S. 285 and Elati, Broadway and Floyd, should be strengthened visually to i dentify the area. 7. Public tr nit hould be streng thened w th a transit c nter linking the downtown to the regional transit net- work. 8. Th retail/offic ar a along South Broadway should be link d with Cind r lla City through the d velopment of a mall along West Gir rd Av nue. 9. 10 . Th link between Cind rel City and South Broadway should be pedestrian-ori nted, with r tail us t ground level in buildings bord ring th We t Girard Mall. Off-street p rking c p ctities should b incre sed and should be enhanc d with land caping. -2- • I • • • , • 11. 12. 13. 14. 15. • • .. • Parking should be provided between development parcels and on the perimeter of the downtown with access fr om the interna l street system. To provide for better vehicular circulation , some i nter- sections in the downtown area should be realigned . The propo s ed redevelopment should be linked to surround- ing neighborhoo ds with safe pedestrian connections . Existing utilities a nd new ut ility service should be placed underground. To maintain the scale of new development compatible with the scale of existing buildings, high rise development should be located off the mall and Broadway corridors . The buildin·g height should be compatible with the height of existing buildings . 16. Useable open space should be created in the downtown . 17. To create an open-space climate, Little Dry Creek should become a focal point with a variety of uses developed along its banks . 18 . Th e image and character of the redevelopment should be aesthetically pleasing to attract people. 19. Alternative energy sourc es (solar, e tc.) should be used where possible . 20. Existing ordinan s which guide dev lopment shoul d be reformulated to create a downtown zoning district and to set standards for the redevelopment . 21. To insure an adequate level of public servic es including police and fire protection and maintaining public areas. 22. New ways to finance the rcdevelopm nt should be deter- mined and initiated. 23. A marketing pack ge should b d veloped to promote th redevelopm nt . -3- • I • • • • • THE AREA TO WHICH THE FOREGO ING POLICIES APPLY ARE AS FOLLOWS: I • , • - , • • • • • ADOPTED AND APPROVED this 16th day of November, 1981. Eugene L. Ot~s, Mayor 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 fore-go~ i~ a true, accurate, and complete copy of Resolution No. Ga r y R. H~gbee I • • , • • • • RESOLUTION NO. ~ SERIES OF 1981 A RESOLUTION AMENDING THE MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "THE 1 979 COMPREHENSIVE PLAN" BY ADOPTING ADDITIONAL POLICIES FOR ---ENGLEWOOD DOWNTOWN DEVELOPMENT. WHEREAS, Art i cle VI II, Part II, Section 58, of Charter o f the City of Englewo od , Colorado , req uires the Planning and Zoning Comm i ssion of the Ci t y o f Eng lewood to prepare and sub- mit to the City Coun cil of the City of Englewood, for Council's approval ,a Master Plan for the phy s ic al development of the C i ty of Englewood; and WHEREAS, the Englewood Downtown Development Authority has approved certain policies which are des i gned to guide the deve lop- ment and redevelopment of downtown; and WHEREAS, the Plann ing Comm i s sion h a s he ld public h ear i ngs upon the Maste r P l an spe cifical ly amending the Downtown pol ic ies pro posed b y t h e Englewoo d Do wntown De v elopme n t Au thor i t y ; and WHEREAS, ev idence submitted a t the publi c hearing established that numerous stu d ie s ha v e been undertake n re lat ive to circulation, utilities, l a nd use, economic an d financial sta u s and show a neces- s i ty f or a p l an to guide d e velopme nt; and WHEREAS, he Planning and Zoning Commission o f the City of En glewood has approved and adopted the hereinabove r e fer red policies for Downtown Developm nt as an am ndm nt in the Master Plan and submi ted he same o h Ci y Council for he Ci y of Englewood for its approval. CITY Engl and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU CIL FOR THE OF ENGLEWOOD, COLORADO, tha th following policies of the wood Down own Development be and he same is hereby pproved dopted: I . , • • • • POLICI ES FOR E GLEWOOD DOWNTOWN DEVELOPMENT ·:r Adopte d by the Englewood Downtown Development Authority on October 14 , 1981 . In order to protect the city 's economic health, strengthen the tax bas e, expand retail and create an attractive downtown for activity and pr ide, the following policies shall g uide the r edevelopment of the down town. 1. A concentration of high activity uses should be encour- aged in the Downtown to provide a focal point for the city. Downtown should be a location for work, shopping, l iving and playing with aesthetically pleasing areas for rest and relaxation. 2. To provide housing for workers and encourage home owner- ship, residential condominiums should be provided within the Downtown district . 3. To preserve and protect the existing single-family resid- ential nature of the surrounding area from commercial encroachment, Floyd and Eas tman should be strengthened as barriers to further commercial expansion to the north. 4. Downtown should be ma intained as a regional activity center with high concen rations of ret ai l, office and res idential uses. 5. The downtown are ~hould be developed under a coordinated theme. 6. Th rrival points to the downtown , U.S . 285 and Sou th Broadway, U.S. 285 and Elati , Broadway and Floyd, should be strengthened visually to identify the area. 7 . PublLc tran t should be strengthened with a transit c enter linkin the downtown to the region 1 transit net- work . 8 . The ret il /o fice area along South Broadway hould be l i nk d with Cind rella City through th development of a ma l l long est Gi rard Av nue . 9. Th ll City and South Broadw y should with retail us at ground level in W st Girard Mall. 0. Off-s re t panin~ c p titi s hould be incr 8 d nd ahould b nh n with landscaping. -2- • I • • - , • l l. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22 . • • • Parking should be provided between development parcels and on the perimeter of the downtown with access from the internal street system . To provide for better vehicular circulation, some inter- sections in the downtown area should be realigned. The proposed redevelopment should be linked to surround- ing neighborhoods with safe pedestrian connections. Existing utilities and new utility service should be placed underground. To maintain the scale of new development compatible with the scale of existing buildings, high rise development should be located off the mall and Broadway corridors. The building height should be compatible with the height of existing buildings. Useable open space should be created in the downtown . To create an open-space climate, Little Dry Creek should become a focal point wi th a variety of uses developed along its banks. The image and character of the redevelopment should be aesthetically pleasing to attract people. Alternative energy sources (solar, etc.) should be used where possible. Existing ordinan s which guide development should be reformulated to create a downtown zoning district and to set standards for the redevelopment . To insure an adequate level of public services including police and fire protection and maintaining public areas. New ways to finance the red velopment should be deter- mined and i n i t iated. 23 . A market i ng package should b d v loped to promote the redevelopment . -3- • I • • • • - I THE AREA TO WHICH THE FOREGOING POLICIES APPLY ARE AS FOLLOWS: I . • , -4- • • • • ADOPTED AND APPROVED this 16th day of November, 1981. Eugene L. Ot~s, Mayor 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 fore- going is a true, accurate, and complete copy of Resolution No. Gary R. H~gbee • I • • • ORDINANCE NO. SERIES OF 1981---- • • • BY AUTHORITY COUNCIL BILL NO. 86 INTRODUCED~ COUNCIL MEMBER ,4-~ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1982. WHEREAS, an Agreement with Arapahoe Regional Library District is presented to City Council annually; and WHEREAS, the Library Advisory Board has recommended an Agreement to be presented to City Council for approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. 1 A Section 1. That the City of Englewood, Colorado, a municipal corporat~on, shall enter into an agreement wi th Arapahoe Regional Library Distric t for the cale ndar year 1982 for the circulation of any items available for cir 9 ulation from the City's library facilities and from the Arapahoe Regional library facilities to qualifying cardholde rs of the other's library facility under the terms and c ondit i on s as set out in the attached Agreement for Library Se rvi c es, whi c h Agreement is i n c orporated herein by reference. Section 2. Tha t the Ci t y Co u n c il o f the Ci t y of Englewood, Colorado, hereby author i zes the Mayor of Englewood to subscribe his name to said Agree me n t fo r a nd i n beha lf o f the Ci ty of Englewood and the Director of Fi n a n ce , e x o f f i cio Ci ty Cl e rk- Treasurer, attest the same. Introduced, r e ad in full a n d passed o n fi rst r e ad- i n g on the 16th day of No v ember, 1981 . Published as a Bill for an Ordinance on the 18th day of November, 1981 . Eugene L. Ot~s, Mayor Attest : e x officio City Clerk-Treasur r I , Gary R. Higbee, ex officio City Clerk-Tr aaurer of t h e City of Englewood, Colorado, hereby c r ify hat the • I • • ( c • • • • 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 16th day of November, 1981 Gary R. H~gbee • I • • - • • • • AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT, made and entered into this ___ day of _____ , 1981, by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, here- inafter sometimes referred to as "City•, and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter sometimes referred to as ."District", WITNESSETH WHEREAS, the Arapahoe Regional Library District, being a statutory regional library district organized and existing pursuant to Title 24, Article 90, Colorado Revised Statutes, 1979, as amended, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those municipalities within said County not operating their own public libraries; and WHEREAS, the City of Englewood operates a public 1 ibrary within its corporate boundaries and desires to cooperate with the District in providing library service to District residents according to the terms and conditions as hereinafter set forth below and In accordance with applicable statutes of the State of Colorado; and WHEREAS, the parties have contracted previously for a cooperative approach to provision of said library services and desire to continue providing said services between the City and the District. NOW, THEREFORE, for and in consideration of the mutual premises herein, it is agreed by and between the parties hereto as follows: 1. The District shall circulate to library cardholders of the City of Englewood any item available for circulation from the District's library facilities, and the City shall circulate to Arapahoe County residents who qualify for and possess 1 District library card any item available for circulation from the City's library faciliti s. Both District and City shall maintain circulation records for said transactions and shall subloit the sallie to ach other on 1 quarterly bash. Upon the receipt of said reports, tht City shall debit tht District for each it .. circulated by tht tlty to District cardholders, and tht District shall debit the City for each Item circulated by the District to the City cardhold rs It the rate of Fifty-five cents ($0 .55) par transaction, and pa)'l'lent for the net difference btt tn said transactions shall be 1111dt accordingly by tht library with tht lesser circulation figures to tht library with the greater circulation figures at this rate • • I • • • • ,. • 2. The rate per transaction specified in this Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System in its reciprocal borrowing program. 3. The term of this Agreement shall be for the year conmencing January 1, 1982 up to and including December 31, 1982. During said term, all qualified card- holders for both the District and the City libraries may enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith . 4 . It is understood between the parties hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the terms of this Agreement; and the City shall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agreement. 5. The District shall have access to City library records during normal business hours for the purpose of verify i ng all figures supplied to the District by the City and the City shall have access to District library records for the sallie purpose. 6. During the term of this Agree~~~ent, City will establish and maintain a boo01ob11e stop on a once-a-week bas is to the follow i ng area : Al ice Terry Sc hoo l. IN WITNESS WHEREOF, the parties have set thei r hands and seals the day and yen first above written. At test : Direc tor of Fi nance , u o H icfo Ci ty Cl erk-Treasurer Attes t: CITY OF ENGLEWOOD, COLORADO a municipal corporati on ~--------,~~-----------"yor ARAPAI«l REGI LIBRA RY DI STIIICT ly~~~-,~~~~~~--Pres ld nt , loird or Trust"' • I • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1981---- A BILL FOR COUNCIL BILL NO. 86 INTRODUC~Y 9UN~IL MEMBER ~~~~~~~L--- AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLE WOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1982. WHEREAS, an Agreement with Arapahoe Regional Library District is presented t o City Council annually; and WHEREAS, the Library Advisory Board has recommended an Agreement to be presented t o City Council fo r approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. Sec tion 1. That the City of Englewood, Colorado , a municipal corporat1on, shall ente r into an agreemen with Arapahoe Regional Library Distric for the calendar year 1982 for the circulation of any items available for circulation from the City's library faciliti es and from the Arapahoe Regional library facilities to qualifyin g cardholders of the other's library facility under the terms and condi ions as set out in the attached Agreement for Library S rvices, which Agreement is incorporated herein by reference. Section 2. Tha the City Council of he City of Englewood, Colorado, hereby authorizes t he May or of Englewood to subscribe his name to said Agreem nt for and in behalf of th City of Englewood and the Director of Finance, ex off1cio City Cle rk- Treasurer, attest the same. Introduced, read in full and passed on f1rst read- ing on the 16th day of November, 1981. Publish d as o Nov mber, 1981 . Att st: B 1 I, G ry R. Higb , h e City o ngl wood, Color or an Ord on 18 h d y yor Ci y Cl rk-Tr asur r of c r 1 y h th • I • - ' • • • • 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 16th day of November, 1981 Gary R. Higbee • I . - ' • • • • AGREEMENT FOR Ll BRARY SERVICES THIS AGREEMENT, made and entered into this ___ day of ______ , 19Bl, by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, here- inafter sometimes referred to as "City", and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter sometimes referred to as ."District", WITNESSETH WHEREAS, the Arapahoe Regional Library District, being a statutory regional library district organized and existing pursuant to Title 24, Article 90, Colorado Revised Statutes, 197g, as amended, for the purpose of providing 1 ibrary service to the residents of the unincorporated areas of Arapahoe County and those municipalities within said County not operating their own public libraries; and WHEREAS, the City of Englewood operates a public library within its corporate boundaries and desires to cooperate with the District in providing library service to District residents according to the terms and conditions as hereinafter set forth below and in accordance with applicable statutes of the State of Colorado; and WHEREAS, the parties have contracted previously for a cooperative approach to provision of said library services and desire to continue providing said services between the City and the District. NO , THEREFORE, for and i n consideration of the mutual prem ises herein, it is agreed by and between the parties hereto as follows: 1. The District shall circulate to 1 ibrary cardholders of the City of Englewood any item available for circulation rOll! he District's library facilities, and the City shall circulate to Arapahoe Coun y residents who qualify fo r and possess a District library card any item available for circulation frOtl! the City's 1 ibrary flcilities. Both District and City shall maintain circulation records for said trlnsa ctlons and shall su it the u to each other on 1 quarterly buis. Upon the r.c:eipt of said reports, the City shall debit the District for ach itlll circullted by the City to District card old rs, tnd t e Distnct shall d bit the City for etch itet11 circulated by t District to the City cardholders at the rt e of Fifty-five cents (SD .55) per transaction, and pa nt forth net difference between uid trtnsactions shall be de accordingly by the library with the lesser circuhtion figures to the librtry wi th t e gr at r circulation figures at this rate . • I • • • • • • 2. The rate per transaction specified in this Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System in its reciprocal borrowing program. 3 . The term of this Agreement shall be for the year commencing January 1, 1982 up to and including December 31, 1982. During said term, all qualified card- holders for both the District and the City libraries may enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith . 4. It is understood between the parties hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the ten~~s of this Agr-nt; and the City snall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agreenent. 5. The District shall have access to City library records during normal business hours for the purpose of verifying all figures supplied to the District by the City and the City shall have access to District library records for the same purpose. 6. During the tem of this Agre-nt, City will establish and maintain a bookMobile stop on a once-a-week bash to the following area : Alice Terry School. IN WITNESS WHEREOF, the partfes have set their hands and s eals the day and year first above wrftten. Attest: Ofr tor of Finance, ex oFficio City Cltrk-Treuurer Attest : CITY OF ENGLEWOOD, COLORADO a municipal corporation ~--------~~------------liyor ARAPAI()E RE61 L ll RARY DISTRICT ly wP~re~a~t~a~n~£~.-w&M~~~o~r~t~ru~s~tr.ee~s----- • I • (_ • ORDINANCE NO. SERIES OF 1981 ____ _ • • ,. • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 87 INTRODUCED~~NCIL MEMBER ~~~~1_~~~~------- AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING RECIPROCAL BORROWING PROGRAM. WHEREAS, Central Colorado Library System (CCLS) is the Regional Library Service System in which Englewood Public Library participates; and WHEREAS, said CCLS has submitted an agreement to the City of Englewood for continuation of a program currently in effect, wh ich agreement relates to the reciprocal borrow- ing program, copies of said agreements are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, shall enter ~nto an agree nt with th~ Central Colorado Library System, relatinq to reciprocal borrowing program, October 1, 1981 through Dece r 31, 1981. A copy of which is attached hereto and incorpora d by r ference. Section 2. That th City Council of th City of Englewood, Colorado, hereby authorizes h Mayor of Englewood to subscribe his name to said agreement for and in behalf of the Englewood Public Library and the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Introduced, read in full and p ssed on first reading on the 16th day of November, 1981. Published as a Bill for an Ordinanc on the 18th day of November, 1981. Mayor • I • • - • • • • 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 foregoing is a ture, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of November, 1981. Gary R. Higbee • I • • - ( • • • Central Colorado Library Syatem ciprocal Borrowing Program r~riod: 10/1/81 -12/31/61 LETTER OF AGREEMENT The Englewood Public Library agreea to participate in Central Colorado Library Syatem The Englewood Public Library from the Syatem to reimburae described above. the reciprocal borrovin& proaram ad.iniatered by the atartin& October 1, 1981, through December 31, 1981. ____________________________ will receive $2,351.75 the library for net credit tranaactiona for the period In receipt of thia payment, the Enalevood Public Library ahall permit all peraona poaaeaein& a library regiatration card from any public library in the reciprocal bor.rovi~g program to uae the circulating collection• and aervices of the Englewood Publ~c L~brary . In turn, all persona holding a public li- brary re&iatration card of the Enaievood Public Library are entitled to uae the circulatin& collection• and aervicea of all public librariea participating in the .. reciprocal borrovin& proaram. We underatand that reimburaementa have been calculated from previoua tranaactiona incurred froa July 1, 1980, through June 30, 1981, leaving out all transaction• involv- in& Denver Public Library. The library ataff will aubmit monthly r<'porls to the System of lh<'ir n •ci procnl borrovin& tranaactiona for thia program period . Theae reporta .ay be used to calcu- late proara• coata for aubsequent yeara . We understand thia aareement is not val i d unleas all librariea liated in Attach- aent A accept aiailar aareementa. If one of the l i brar i es rejects the agreement, a reviaed propoaal will be offered . Si gned ______________________________________ __ I • • - • • • • • . ' 1;>1 .(, ORDINANCE MO. SERIES OF 1981-- BX AUTHORITY A BILL FOR COUNCIL BILL NO. 87 INTRODUCED BY COUNCIL MEMBERqJ~ AN ORDINAMCJ: APPJtOVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOitADO, AND TBE CENTRAL COLORADO LIBRARY SYSTEM REGARDING UCIPltOCAL BORROWING PROGRAM. WHBRBAS, Central Colorado Library System (CCLS) is the Regional Library Service Syatem in which Englewood Public Library participates; and WRBKEAS, said CCLS has submitted an agreement to the City of Bnqlewood for continuation of a program currently in effect, which agreement relates to the reciprocal borrow- ing program, copies of aaid agreements are attached hereto and incorporated herein by reference. NOW, TBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TU CITY OF UGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, shall enter Into an agree .. nt with th~ Central Colorado Library System, relatinq to reciprocal borrowing program, October 1, 1981 through December 31, 1981. A copy of which is attached hereto and incorporated by reference. Section 2. That the City Council of the City of Englewood, Colora&o, hereby authorizes the Mayor of Englewood to subscribe his n ... to said aqre ... nt for and in behalf of the Englewood Public Library and the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Introduced, read in full and passed on first reading on th 16th day of Novemb r, 1981 • Published as a Bill for an Ordinanc on the 18th day of November, 1981. Mayor • I ' I • ( • • • .. Attest: ex officio city Clerk-Treasurer I, GarY R. Hiqbee, ex officio City Clerk-Treasurer of the City of Enqlewood, Colorado, hereby certify that the 'foraqoinq is a tura, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first readinq on tha 16th day of November, 1981. Gary R. Hiqbee • I • • - • • • • Cent ral Colorado Library Syatem .' c:iprocal Borrowina Procram ~eriod : 10/l/81 -12/31/61 • LITTU or AGUFHUIT acreea to part1c1pate in Central Colorado Library System The Enalewood Public Library fro. the Syate• to reigburae deacribed above. The Jnal ..... P~lis Librarx the reciprocai~r.Wfaa proaraa adainiatered by the atartina October l, 1911, throuah Dece--er 31, 1981. will receive $2,351.75 -t~h-e~l~i~b-r_a_r_y~f~o-r __ a_e_t __ c_r_e4~l-t-tranaactiona for the period ln receipt of thia pa,.-nt, the lnalewood Public Library ahall permit all peraona poa .. eaina a library reaiatratlea card froa any public library in the reciprocal bor~ .. ina proaraa to uae the circulatina collection• and aervicee of the Enalewood Publ1c Libra~ . In turn, all pcraons holding a public li- brary reaiatratloo ea of the lnalewiOd Public Library are entitled to uae the circulatina collectioaa aD4 aerYicea of all public librariea participating in the reciprocal borrowina proaraa. We underataD4 that rei--uraeaenta have been calculated from previoua tranaactiona incurred fr .. July 1, 1910, throuah June 30, 1981, leavina out all tranaactiona involv- ina Denver Public Library. Tho librarJ ataff will aub•it -nthly rrporta to the Syatem of their n·c:iprocnl borrowina tranaactiona for thia proaraa period. n1eae report& .. , be uaed to calcu- late proaraa coat& for aubaequent year&. We underataD4 thia aaree .. nt ia not valid unleaa all librariea liated in Attach- .. nt A accept aim.lar aaree .. nta. lf -e of the libraries reject& the aa;reeMnt, a reviaed propoaal will be offered . &iano4 __________________________________ _ • I . • ORDINANCE NO. SERIES OF 1981 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 88 INTRODUCE~ COUNCIL MEMBER ~ I AN ORDINANCE AUTHORIZING COUNCIL BOARDS AND COMMISSION TO ISSUE SUBPOENAS ~DDING TO TITLE I, ARTICLE 7 OF THE ENGLEWOOD MUNICIPAL CODE, 1969, A NEW SECTION II. 1-7-11 AUTHORITY TO ISSUE SUBPOENAS The City Council or any Board or Commission authorized to exercise quasi-judicial authority shall have the power to issue subpoenas to any person or entity in order to carry out its duties and _responsibilities. 1. The City Clerk, Mayor, Chairman of the Board or Secretary of the Board shall have the authority to sign said subpoenas for and on behalf of the Council or Board. 2. The subpoenas shall be served in the same manner as a subpoena issued by a municipal court. 3. Upon failure of any witness to comply with such subpoena, the City Clerk, or Mayor, or Chairman of the Board, or Secretary of the Board shall cause a summons and complaint to be filed in the Mun icipal Court of the City of Englewood and a copy of the complaint to be served on the witness/defendant for a violation of this section for which the Court shall promptly set a hearing date and review evidence in support of or contrary to the issuance of the subpoena, and the Court may enter an order compelling the wit- ness to attend and testify before the Board or Commis- sion und r penalty of punishment for contempt, in the case of unlawful failure to comply with the order of the Court. 4. A violation of this section shall also be a separate offense of the Englewood Municipal Code of 1969 and shall be subject to all other penalties provided for in this code. Introduced, read in full, and pass don first reading on the 16th day of November, 1981 • I • • - • • • • • • Published as a Bill for an Ordinance on the ~cnday of November, 1981. Eugene L. Ot1s, Mayor 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 foregoing 1s a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the ~ day of Aagu~, 1981. ~ Gary R. H1gbee • I • • • ORDINANCE NO. SERIES OF 1981 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 88 INTRODUCED BY COUNCIL MEMBER 7(_.u. ~ AN ORDINANCE AUTHORIZING COUNCIL BOARDS AND COMMISSION TO ISSUE SUBPOENAS ADDING TO TITLE I, ARTICLE 7 OF THE ENGLEWOOD MUNICIPAL CODE, 1969, A NEW SECTION II. 1-7-11 AUTHORITY TO ISSUE SUBPOENAS The City Council or any Board or Commission authorized to exercise quasi-judicial authority shall have the power to issue subpoenas to any person or entity in order to carry out its duties and responsibil ities. 1. The City Clerk, Mayor, Chairman of the Board or Secretary of the Board shall have the authority to sign said subpoenas for and on behalf of the Council or Board. 2. The subpoenas shall be served in the same manner as a subpoena issued by a municipal court. 3. Upon failure of any witnes s to comply with such subpoena, the City Clerk , or Mayor, or Chairman of the Board, or Secretary of the Board shall cause a summons and complaint to be filed in the Municipal Court of the City of Englewood and a copy of the complaint to be served on the witness/defendant for a viola ion of this section for wh ich the Court shall promptly set a hearing date and review evide nce in support of or contrary to the issuance of the subpoena, and the Court may enter an order compelling the wit- ness to at end and testify before the Board or Commis- sion under p nalty of punishment for contempt, in the case of unlawful f ilure to comply with th order of th Court . 4. A violation of this section shall also b a separate offense of the Engl wood Municipal Code of 1969 and shall b subject to 11 other p nalties provided for in this code. Introduc d, re d in full, and pass d on first r ading on the 16th day of Nov rnb r, 1981 • • I • • - • • • • • • Published as a Bill for an Ordinance on the ~~~da y of November, 1981. Eugene L. Ot1s, Mayor Attest: ex off1c10 Clty Clerk-Treasurer 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 a Bill for an Ordinance, i~)~~duced , read in full, and passed on first reading on the .Li2!!.J. day of ..l.tt§I:ISt, 1981. '1)~ Gary R. Higbee I • • • ORDINANCE NO. SERIES OF 1981 • • • BY AUTHORITY A BILL F OR COUNCIL BILL NO. ~ INTRODUC!JY _COUNCIL MEMBER 'C 1 AN ORDINANCE ADOPTING REVISION TO THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED, RELATING TO THE CAREER SERVICE SYSTEM OF THE CITY OF ENGLEWOOD, TITLE V AND RE PEA LING CURRENT TITLE V, EXCLUDING TITLE V, CHAPTER 9. WHEREAS, on the 24th day of March , 1981, the voters of the City of Englewood adopted changes in the Englewood Home Rule Charter; and WHEREAS, the Career Service Board has reviewed and made recommendations concerning an ordinance to implement the changes in the Home Rule Charter adopted by the voters. Section 1. Title v, Chapter 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 are hereby repealed. Section 2. There is hereby enacted by the City Council of the City of Englewood, Title V, Chapters 1 , 2, 3, 4 and 5 to read as follows: • I • • • • • .. • CITY OP BRGLBWOOD ORDIN~rE REVISION TITLE V CHAPTER I -CAREER SERVICE SYSTEM OF THE CITY OF ENGLEWOOD Applicability and Purpose 5-1-1: 5-1-2: 5-1-3: 5-1-4: 5-1-5: 5-1-6: 5-1-7: 5-1-8: 5-1-9: 5-1-10: The Career Service Board Council Appointees to the Board Employee Members: Method of Appointment Board Rules and Regulations Removal or Recall Procedures Recording Secretary Clerical Assistance Additional Assistance to Board Conflict of Interest CHAPTER II -DEFINITIONS -Appointing Authority -Employment Full-Time -Employment Part-Time -Employment Temporary -Probationary -Permanent -Classified Service -Allocation -Certified Status -Classified Position -Classified Employee -Career Development -Employer or City Employer -Contractual Employment -Confidential Employee -Confidential Secretary -Managerial Employee -Supervisor -Promotion -Demotion -Transfer -City Rights -Employee Rights -Board -An Appropriate Employ Bargaining Unit or Appropriate • I • • • • Bargaining Unit -Employee Organization -Certified Employee Organization or Certified Employee Representative -Exclusive Recognition of an Employee Organization -Strike -Working Day CHAPTER III -APPEALS AND HEARING OFFICER 5-3-1: 5-3-2: 5-3-3: 5-3-4: 5-3-5: 5-3-6: Merit Appeals Grievance Appeal Disciplinary Appeals General Provisions Hearing Officer Complaint Resolution Procedure CHAPTER IV -ELECTIONS 5-4-1: 5-4-2: 5-4-3: 5-4-4: 5-4-5: 5-4-6: 5-4-7: 5-4-8: 5-4-9: 5-4-10: 5-4-11: Policy Statement Petition for Selection of Employee Organization Petition for Retention Time for Filing Petitions for Selection or Retention Showing of Interest on Petition for Selection or Retention Petitions for Clarification or Amendment Forms Processing of Petition Procedure in Absence of Consent Agreement on Selection or Retention Objections to Elections Hearing Procedure for Petitions for Clarification or Amendment CHAPTER V -NEGOTIATIONS AND IMPASSE RESOLUTION PROCEDURES, AND NO STRU::E 5-5-1: 5-5-2: 5-5-3: 5-5-4: 5-5-5: 5-5-6: 5-5-7: 5-5-8: 5-5-9: Statement of Policy Entitlement to Bargain with the City The Scope of the Coll ctive Bargaining Agreement Commencement of Negotiations Subjects for Collective Bargaining Ratification by the City Ratification by the Certified Employee Organization Impasse Resolution Strikes Prohibit d • I . -• • • CBAPTBR I -CARBBR SBRVICB SYSTEM OF 'niB CITY OF BRGLBWOOD 5-1-1: APPLICABILITY AND PURPOSE The provisions of this Title shall be known as the •career Service System of The City of Englewood• and shall apply to all full-time classified employees of the City of En glew oo d (hereinafter the •city•) excluding any elected official or person appointed to fill a vacant elected position, any Board or Commission Member, Judge, City Manager, employees of the City Manager's office, Department Heads, City Attorneys and employees of the City Attorney's office, confidential secretaries, and persons appointed to a position by Council. The Englewood Career Service Board (hereinafter the •Board•) shall have ·the following duties and powers: (a) To hear disciplinary appeals for any full-time permanent classified employee with respect only to whether that employee's suspension, demotion or discharge was for cause which relates to the performance of duties, personal conduct, or any other factor detrimental to the City and/or any other just and reasonable cause. (b) To hear merit appeals of any full-time perman nt classified employee concerning the proper application of the administrativ procedur a dopt d pursuant to 5138.2 of the Char r governing merit principl a with r apect to: -1- • I • • • • • (i) Selection and advancement on the basis of the employee's relative ability, knowledge and skillsJ and (ii) The establishment and maintenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or determine if a person were denied appointment or if a full-time permanent classified employee were denied promotion for reasons of alleged discrimination based upon race, religion, age, sex, handicap, or national origin. (c) To grant exclusive recognition to an employee organization to represent full-time classified employees of an appropriate bargaining unit for purposes of collective bargaining. (d) Pursuant to 5137:6 of the City Charter, to conduct hearings and issue findings of fact and recoamendations for resolution of aandatory subjects of bargaining upon which the parties are at impasse. (e) To act as the final authority with respect to approving inclusions in and exclusions from appropriate employee bargaining units. (f) To sup rvise lections for selection or retention of certified employe organizations and to certify th reaulta of auch elections. -2- • I • • • • • (g) To hear and decide contested matters involving petitions for selection or retention of a certified employee organization and petitions for clarif i cation or amendment of an existing appropriate bargaining unit. (h) To hear and determine whether any proposal or demand is a mandatory subject for bargaining within the meaning of Sl37.S(a) of the City Charter. (i) To hear and determine grievance appeals for any full-time classified employee whose position falls within an appropriate bargaining uni t for any matter which is an alleged violation of the app li cable collective bargaining agreement. (j) To appoint a Hearing Officer (with demonstrable ability in labor and employee relat i o n s ) to make findings and recommendations to the Board for i ts final approval with respect to the fo l lowing : d i sciplinary appeals, grievance appeals, and a n y hearing or pre-elect ion conferenc e as ma y be di rected by Ord i nanc e wi t h respect to petitions for selection or retention of a certified employee organ i zation or a petition for clarification or amendment of an existing appropriate bargaining unit. S-1-2 : THE CAR EE R SE RV ICE BOARD (a) The Board shall consist of five (5) memb e rs, all of whom shall r side within the City and possess -3- I • • • • • • the integrity and impartiality to protect the public interest, as well as the interest of the City and its full-time classified employees. (b) Members of the Board shall be appointed, elected and selected, as follows: (1) Two (2) members of the Board shall be appointed by the City Council for terms of four (4) years. (2) Two (2) members of the Board shall be elected by direct secret ballot by all full-time permanent classified employees of the City for terms of four (4) years. (3) One (1) member of the Board shall be selected by the four (4) members previously appointed by the Council and/or elected by the full-time permanent classified employees. Said aember shall be selected by a majority vote of the said four (4) aembers and shall serve for a term of four (4) years from the date of selection. This fifth member shall be th designated Chairperson of th Board. With th selection of the fifth meab r, the Board shall be duly constituted and each member shall a rve during his or her reap ctive terms of office or until his or her resignation, removal or recall •• hereinafter provided. -·- • I • • • • • (4) Whenever possible, the terms of the office of the members shall be staggered. (5) Members of the Board shall hold no other appointive or elective municipal office during their tenure as Board members. (6) No employee of the City shall be a member of or an ~ officio member of the Board. (c) The Board shall hold at least one regular meeting per month, and each member in attendance shall receive fifty dollars ($50.00) monthly to defray their expenses therefore, and an additional twenty-five dollars ($25.00) per day for each hearing day or part thereof in excess of two meeting or hearing days per calendar month, not to exceed one hundred dollars ($100.00) per month per member. (d) All decisions of the Board shall be reduced to writing. A vote of the majority of the members voting shall be necessary in order for the Board to make final any decision relating to the authority or powers granted it by the Charter or any ordinance passed pursuant th reto. (1) To conduct hear1ngs or to conduct any other official business of th Board, there must be a minimum of any three (3) Board members in att ndance. A mimimum of thr e (3) m mbers in attendance shall constitut a quorom, provided, -5- • I • • • • • • • however, that if the hearing or other official business cannot be concluded within the same meeting and must be extended beyond the meeting date, the same three (3) members shall be in attendance at each and every session thereafter of that hearing. In the event, however, a member becomes disabled or incapacitated during the course of the hearings, it shal l be pe r missible to substitute another Board member to take the absent member's place. In such instance a transcript of the bear i ng shall be provided the sub s t i tute Board member. 5-1-3: COUNCIL APPOINTEES TO 'l'BE BOARD Council shall make appointmen~s to fil l vacancies f or unexpired teras of their appo i ntees wit hin f or ty -f i ve (45) calendar daya of the date of the vacancy . 5-1-4: EMPLOYEE MEMBERS : ME'l'BOD OF APPO I NTMENT (a) Candidates for the Boa r d o f Ca re e r s er v ice Coaaiaa i one ra ah a ll be nomin at ed by pe titio ns o n forma a uppli d by the Director of Finance, ex officio City Clerk-Treasurer. A petition of nomination ahall contain the name and addreaa of only on (1) candidate. (b) Nomination petitions may be circulated and .3S 1S a ig ned beginni ng on the 6 0th day and ending on the 20 th day prior to election. Each petition ahall be signed by a t l e aat t wenty-fi v e (25) full-tim permanent _,_ I • • -• • • classified City employees. (c) Each nomination petition shall be filed with !5 the Director of Finance no later than the ~th day prior to the day of election. Every such petition shall be endorsed thereon the written affidavit of the candidate, accepting such nomination. The acceptance of nomination shall contain the full name and place of residence of the candidate. (d) The City Election Commission, at least ten (10) days before such election, shall give written notice of the election, stating the date thereof, establishing polling place or places, in all locations convenient to said City employees, and listing the names of those candidates whose nominations have been certified by the Director of Finance. (e) The City Election Commission shall be guided in the conduct of said election by the general rules of election and suffrage as contained in the Colorado Statutes, as amended, insofar as they provide guidelines for the printing of ballots, the s lection of oba rvers, procedure, counting ballots and reporting results. The Election Commission is h reby charged with nsuring the purity of elections. (f) Th Director of Employee R lations shall provide to the Election Commission a list of names, in alphabetical order and their departaents, of all -7- • I • • • • • employees who are eligible to vote. Such list shall be provided no t later than fifteen (1 5) calendar days prior to the date of election. (g) Absentee ballots or balloting by mail may be used if the Election Commission finds employees whose o fficial duties for the City prevent them from being present at a polling place or who may be on authorized leave of absence or vacation. (h) The nominee receiving the h i ghest plurality of votes shall serve for a term of four (4) years. In the event two (2) vacancies a r e to be f il led, the nominee receiving the next highest plur ality shal l serve for a term of three (3) years. (i) When an e l ec t ion i n whi ch t he ballot provides for three (3) or mo r e choices r e sults in a t ie vote for either of the top tw o (2) positions, a runoff e l ect i on shall be cond ucted within fifteen (15) calendar days of the initi a l election. The Election Commission may, i n i t a d iscretion, aaintain the same eligibility list o f employees as certified by the Director of Employee Relations. 5-1-5: BOARD ROLES AND REGULATIONS The Board is hereby author1zed, following notice and he a ring, to adopt r asonabl rul and procedures not inconsistent with th provisions of thi or any other chart r or ordinanc provision which are necessary or appropriate in -a- • I • • • • • the performance of its duties. 5-1-6: REMOVAL OR RECALL PROCEDURES (a) Removal of Council-appointed Board Members. The City Council, by majority vote, may remove any Board member appointed by it for neglect of duty or malfeasance in office. (b) Recall of Employee-elected Board Member or Members. To remove an elected Board member from office, a petition shall be circulated requesting the recall of said member. Said petition, when signed by full-time permanent classified employees equal to twenty-five percent (25\) of the number of all full-time permanent classified employees voting at the next previous election, shall be filed with the City Election Commission, who will set a date for a recall election to be held within thirty (30) calendar days following the f iling of the petition. The elected Board member to be recalled may either resign or file with the Election Commission a notice of his intention to be a candidate in the recall election. Other candidates for the office h ld by the elected officer to be recalled will make their intentions known in a manner pr scribed by section 5-1-4 of this Titl The candidate rec iving th highest numb r of votes in the election ahall be d clar d holder of th office. If the aucceasful candidate ia the el ct d officer whoae _,_ • I • - • • • • recall is requested, he shall continue in office until the expiration of his term7 if the successful candidate is someone other than the recalled member, he shall fill out the unexpired term of the recalled Board member. (c) vacancy. Should a Board member duly elected by the full-time permanent classified employees resign or otherwise become incapacitated so as to create a vacancy in office, the full-time permanent classified employees shall petition the City Election Commission to hold an election to fill sa id unexpired term. (d) Those members of the Board wh o are appointed by Council and elected by the full-time permanent classified employees may remove the fifth member of said Board for continued neglect of duties or malfeasance in office by a vote of not less than three (3) of its aembers. (e) The Election Commission shall make such additional rules and regulations as in their judgment may be necessary to implement the above procedures. 5-l-7: RECORDING SECRETARY The City Manager shall designate a recording a cretary for the Board, who shall keep a r cord of all th proceeding before the Board. 5-1-Bs CLERICAL ASSISTANCE -10- • I • - • • • • The City Manager may from time to time, upon recommendation of the Board, designate such other and further employees of the City to aid the Board in the performance of necessary clerical and general office work. 5-1-9: ADDITIONAL ASSISTANCE TO BOARD With approval of the City Manager, the Board may contract for the services of special assistance in fact finding or other matters relating to work of the Board. 5-1-10: CONFLICT OF INTEREST If at any time any matter comes before the Board in which any Board member has any interest, direct or indirect, other than that of a taxpayer, said member shall publicly so state and his/her statement shall be recorded in the Minutes of the aeeting. Be/she shal l therea~ter be d i squalified from participating in considerati on of sa i d matter. -11- • I • • ( ( • • • • CBAPTBR II -DBFIRITIORS 5-2-1 As utilized in this Title, the following definitions shall be observed: (a) APPOIBTIBG AUTHORITY: The Appointing Authority is the City Manager. (b) BMPLOYKBRT FOLL-TIMB: Employees who are employed in a classified position who work at least a forty (40) hour work week. (c) BKPLOYKBRT PART-TIKB: Employees who work less than an average 40 hours per week. (d) BMPLOYKBRT TBKPORARY: Employees employed on a part-time or full-time basis for a continuous period of less than one (1) year. (e) PROBATIORARY: A period not less than six (6) months nor more than one (1) year after appointment in which an employee's job performance is measured to determine continuation in the position. (f) PBRKARBRT: A full-time classified employee who has successfully completed a probationary period in a classified position after original appointment or promotion by the appointing author1ty. (g) CLASSIPIBD SBRVICB: All full-time permanent classified positions that are included within the Career Servic System. -12- • II I • • ( • • • • (h) ALLOCATION: The assignment or reassignment by the appointing authority of a position or class within the classified service to a particular salary level or grade in a salary schedule based upon an evaluation of the relative worth of the position or class. (i) CBRTIPIBD STATUS: Persons having successfully passed an examination and/or other appropriate aeans necessary to evaluate qualifications and merit for service and are placed upon a list as eligible for appointment to a classif i ed positi on. (j) CLASSIPIBD POSITION: All f ull-time pe r manent allocated positions i ncluded wi th i n t h e Career Service System. (k) CLASSIPIID BKPLOYBB: A ce r t i f i ed employee appointed to an allocated position within the classified syatea . (1) CARBIR DBVBLOPKBBT : A training progr a m designed to a t tract and ut ilize persona with miniaal qu alifi cati o ns, b ut with potential development. Such development training may provide for permanent employment upon satisfactory completion of the training period without further examination. (m) BKPLOYB R OR CITY EKPLOYBR: The Mayor, and aembers o f the City Council, City Manager and hia or her designe es for purposes of coll ctive bargaining. -13- • I • • ( • • • • ( n) CONTRACTUAL BKPLOYKBRT: Employment relationship not a part of the Career Service System for a set period of time for special projects or programs or for other managerial and professional assistance. (o) COR PIDBRTIAL BKPLOYBB: An employee who is privy to decisions or who has access to information of City management affecting employee relations or whose functional responsibilities or knowledge of the City affairs makes membership or participation in the affairs of an employee organization incompatible or inconsistent with their official duties of employment. For purposes of definition, it is conclusively presumed that any individual emplo~ee in the City Manager's office or in the Employee Relations Department or in the City Attorney's office is a confidential employee. (p) CORPIDBRTIAL SBCRBTARY: One person in the office of each department, board or commission and City Council as designated by the City Manager. (q) KARAGBRIAL l'lKPLOYBB: The City Manager, department heads and assistant department heads. (r) SUPERVISOR: An individual having the authority, consistent vith other provisions of this ordinance, in the interest of th mployer to hire, fire, transfer, auap nd, lay-off, recall, promot , discharge, aaaign, reward, discipline or evaluat other -14- • I • • ( ( • • • • employees, or to adjust their grievances, or effectively to recommend any of the foregoing if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but, rather, requires the use of independent judgment. (s) PROKO~IOR: Is the aovement of a full-time permanent classified employee from one grade or class to a higher grade or class. This definition shall not be applicable to acting positions. The re-classification of a position shall neither be considered a promotion nor a demotion. Any permanent full-time classified employee who is promoted to a position within the classified service shall serve a probationary period in the promoted position, but shall retain permanent status in the former position for the probationary period provided, however, that said employee shall have acquired permanent status in the former position. During this probationary period, the employee has no right of appeal in th d motion to his form r position, but r tains all other protections granted to full-time permanent classified employees. ( t) DBIIO~IOR: Is th aovement of a full-time permanent clas ified employee from one grade or class to a lower grad or class. This d finition shall not -15- • I • • ( ( • • • be applicable to acting positions. (u) TRARSPBR: Is the movement of an employee without change in grade or class. A transfer shall be within the exclusive prerogative of management. (v) CITY RIGHTS: The City shall have, in addition to all powers, duties and rights established by constitutional provision, statute , ord i nance, charter or special act, the exclusive power, duty and rights toz (i) Determine the overall mi ssi on of the City as a unit of government. (ii) To mai n tain and improv e the eff i c i ency and effectiveness of City operations. (iii) To determ ~ne the services to be rendered, the operations t o be performed, the technology to be utilized, o r t h e matters to be budgeted. (iv) To determ i ne the ov eral l methods, p r oc e sses, me a ns, j ob .c l assifications or personne l by which City operations are to be conducted. (v) To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employees. (vi) To suspend, discipline, discharge, and d aote for cause, all full-time perman nt claaaified employ s. -16- • I • • • • (vii) To relieve employees from duties because of lack of work or funds, or under conditions where the Ci ty determines continued work would be ineff i cient or non -p r oducti ve. (viii) To take whatever other actions may be necessary to carry out the wishes of the public not otherw i se specified herein or limited by a collective bargaining agreement. (ix) To take any and all actions to carry out the mission of the City in cases of emergency. (x ) Noth i ng conta i ned here in s h a l l pre c l ude the City from c onferring wi t h its employees fo r the purpose of developi ng polici es to effectuate or implement any of the above-enume ra ted rights. All of the power s , dut ies and r ights as enumerated above shal l b e within t h e ex clusive ri ght of the City except a s limited o r mo d i f ied by a c oll e c t i ve barga i n ing ag r e eme nt . (w) BKPLOYBB RIGB~S : A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: (i) To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in any employee organization or ita lawful activities, and -17- • I • - • • • • (ii) Negotiate collectively through their certified employee representative. (iii) No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these r i ghts nor shall the right of an individual employee to discuss employment concerns with th e City be infringed upon. (x) BOARD: The Career Service Board. (y) AB APPROPRIATB BRPLOYBB BARGAIRIRG OBIT OR APPROPRIATB BARGAIRIRG OBIT: An employee unit designated by the Board to be appropriate for the purpose of collective bargaining. In determining the appropriate bargaining unit the Board shall have no authority to include any employee other than a full-time classified employee. Any full -time classified employee may be considered for i nclu s ion in the appropriate barga i n i ng unit exc e pt : (i) Any e lected official or pe r so n appo i nt e d to fill a vacant elected position, or any Board or commission member or judge, or any person appointed to a position by the City Council. (ii) City Manag r, assistants to the City Manager, employe s of the City Manager's office, Department Heads, the City Attorney and eaploy ea of the City Attorney's office, and confidential -u- • I • - • • • • secretaries. (iii) Managerial and supervisory employees. (iv) Confidential employees. (v) Any part-time, temporary or contractual employee. (vi) Any employee hired for special projects or programs or through the use of outside funding sources. (z) BRPLOYBB ORGARIIA~IOR: Means any lawful organization which has as one of its primary purposes representing full-time classified employees in their employment relation with the City, provided, however, that said organization has no restriction on membership based on age, race, color,.creed, sex, handicap, or national or i g i n. (aa ) CBR~IPIBD BRPLOYBB ORGARIIA~IOR OR CBR~IPIBD BIIPLOYBB RBPRBSBR~A~IVB : An employee organization that ha s be e n certif ied by the Board as represe nting the emp l oyees in a n appropria te bar gaining unit as a result of obtaining a majority vote in the appropriate unit pursuant to a Board conducted election. No organization shall be eligible to be the certified employee organization if they admit to membership or a re directly affiliat d with an organization that admits to membership persona who are 1uperv11ors or who act in a 1uperviaory capacity with -a- • I • - • • • • respect to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to police officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other organizations who admit such other employees to membership, so long as the certified employee organization remains locally autonomous . (bb) BXCLOSIVB RBCOGRI~IOR OP AR BMPLOYBB ORGABIIA~IOR: The certification of an employee organization by the Caree~ Service Board that the organization shall represent al l emp l oyees in an appropriate un i t as determined by the Board for the purpose of collective barga i ning . (cc ) I~RIKB : Con c erted act i v i ty r es ulting in fa ilure t o r e por t to d uty, or the a bsence f rom one's position, or the stoppage of work. (dd) WO RKI BG DA Y: For purposes of determining time lines only, a working day shall be Monday through Friday, excluding all City-recognized holidays. -20- • I . • • • • CBAPTBR III -APPBALS ARD BBARIBG OFFICER 5-3-1: MERIT APPEALS Any full-time permanent classified employee who has a complaint concerning the proper application of the administrative procedures adopted pursuant to 5138:2 of the Charter governing merit principles with respect to: (I) Selection and advancement on the basis of the employee's relative ability, knowledge, and skill&J and (II) The establishment and maintenance of a classification plan based on job analysis. (a) Step I: An employee with a merit appeal complaint shall first discuss the matter with the Director of Employee Relations or his/her designee with the objective of resolving the matter inforaally. Such discussions must occur within five (5) calendar days after the employee knew or should have known of the act or condition upon which the ap~al is based. (b) Step II: In the event the employee is dissatisfied with the disposition of his/her complaint, the employee shall submit in writing (on a form provided by the Board) to the Board, a aerit appeal complaint. Any complaint must be initiated at Step II within thirty (30) calendar days after the eaployee knew or should have known -21- • I • • • • • • of the act or condition upon which the appeal is based unless the parties agree in writ i ng to extend this thirty (30) day time period. If not initiated within this thirty (30) calendar day period (or within the time mutually agreed upon in writing by the parties), the complaint shall be deemed waived and forfeited . If the employee files such written complaint with the Board within said time limit, the Board shall set a hearing to be commenced within thirty (30) calendar days of the filing of the complaint. Within twenty (20) calendar days of the conclusion of said hearing, the Board shall make its findings a matter of record, affirming, modifying or reversing the action of the Director of Employee Relations. The Board's decision in th i s matter shall be final. 5-3-2: GRIEVANCE APPEAL The so le a n d exc l us i ve r em edy f o r a ny full-tiae classified employee whose position falls within a n appropriate bargaining unit for any matter not directly related to classification and/or testing, or suspesnion, demotion or disch ar ge a nd which is a n alleged violation of the applicable collec t ive bargaining agre e ment, is through the grievance p rocedure of the collective ba rgaining a greement which covers t h e respective appropriate b a r g aining unit. The final step of -22- • I • • • • • • any grievance procedure contained in any collective bargaining agreement shall be a grievance appeal to the Career Service Board. If the employee files such grievance appeal with the Board within the time limit set forth in the applicable collective bargaining agreement, the Board or its designated Bearing Officer shall set a hearing to be commenced within thirty (30) calendar days of the filing of the complaint. Within twenty (20) calendar days of the conclusion of said hearing, the Board or its designated Bearing Officer shall make ita findings a matter of record, affirming, modifying or reversing the action. The Board's decis i on in this matter shall be final. 5-3-3: DISCIPLINARY APPEALS The City Manager aay suspend, demote, or discharge any full-time permanent classified employee for cause whi c h r elates to the performance of duties, persona l conduc t , or an y other factor detrimental to the City and/or for any other jus t and re a so na ble c a use. Th e sol e remedy fo r suspensi on, demotion or discharge of a full-time permanent classified employee shall be pursuant to the following disciplinary appeal. Within seven (7) calendar days after receipt of a written statement notifying the employee of his/her suspension, demotion, or discharge, the employee may appeal such action by filing written notice of appeal (on a fora provided by the Board) with the Board. If the disciplinary appeal is not -23- • II I • • -• • • initiated within this seven (7) day period, the complaint shall be deemed waived and forfeited. If the employee files such written complaint with the Board within said time limit, the Board or its designated Bearing Officer shall set a hearing to be commenced within thirty (30) calendar days of the filing of the complaint. Within twenty (20) calendar days of the conclusion of said hearing,. the Board or ita designated Bearing Officer shall make in this matter shall be final • 5-3-4: GENERAL PROVISIONS The provisions of Title I, Chapter VII, of the Municipal Code with respect to the conduct of a quasi-judicial hearing shall be applicable to the extent not specifically inconsistent with the provisions of this title. With respect to a grievance appeal, neither the Board nor the designated Bearing Officer shall have the power or authority to add to, subtract froa, or aodify any of the teras of the applicable collective bargaining agreeaent. aployeea other than full-time claaaifi d employ ea ahall not be subject to any of the various appeals und r this chapter. Probationary eaployees shall have the right of a grievanc appeal, but shall not have the right of a aerit appeal or a disciplinary appeal. • I • - • • • • Fa ilure on the part of City management to abide by any time limits s pe cified in t his chapter shall be considered as an answer denying t he emp loyee 's appeal. All cla i as for back wages shall be limited to the aaount of wages that the employee would otherwise have earned, leas any unemploy.ent or other compensation that they may have received froa any other source of employaent during the period of backpay. Such eaployee shall have the burden of showing that they were actively seeking substantially equivalent eaploy.ent during such tiae. 5-3-5: BEARING OFFICER (a) When a hearing on a grievance appeal or a disciplinary appeal before the Board under this chapter will, or is likely to, present: (i) Complex issues of fact or law7 or (ii) Numerous witnesses and extensive oral testimony or documentary evidence, or (iii) For any other good cause a s may be de t erm i ned by t h e Board, the Board may appoint a Hearing Officer who sh a ll h ear the appeal a s authorized by this section. The Bearing Officer shall be appointed by the majority vote of the Board aembers. (b) Except aa otherwise pr o vided herein or as provided by writt n rules of t h e Board, the Bearing Officer shall have such ge n er a l authority aa now -25- • I • • • • • contained in 24-4-105(3) through (8), C.R.S. 1973, as amended. (c) Within twenty (20) calendar days after the conclusion of the hearing, unless a shorter time is indicated elsewhere in this Title 5, said Bearing Officer shall prepare and file with the Board a statement of findings and recommendations upon all the aaterial issues of law and fact. In submitting the initial findings and recommendations to the Board, the Bearing Officer may also submit all or any part of the record of proceedings in order to clarify or support the Bearing Officer's recommendations and f i ndi ngs . No ex parte matters or representation of any kind offered without notice shall be received or considered by the Board or the Bearing Officer. (d) Within ten (10) calendar days after the date of submission by the Bearing Officer of the statements of findings and recommendations to the Board, the aggr i eved party or th e Ci ty may f ile a pe titi on protesting the fi nd ing s and/or recommendations of the Bearing Officer. A copy of the petition shall also be served upon the opposing party, who may, within ten (10) calendar days from the date of receipt of said petition, respond t h ereto. If no petition in protest is file d with in t h is ten (10) calenda r day period, the fi ndings a nd recommendations of the Bearing Officer -26- • I • • • • • .. shall be the final decision of the Board. (e) Upon receipt of the petition in protest and the response thereto, if filed, the Board may order all or any part of the record of proceedings transcribed and submitted to it for its review. (f) The Board may, in ita discretion, permit oral argument, but shall not rehear testimony already received or presented to the Bearing Officer. The findings and recommendations of the Bearing Officer shall not be set aside by the Board unless such findings and recommendations are contrary to law or are unsupported by the weight of the evidence. (g) After oral argument, if permitted, and reviewed by the Board of the Be~ring Officer's findings and recommendations, together with petitions of the parties, said Board shall, within twenty (20) calendar days, make ita decision a matter of record, affirming, mod i fying or reversing the findings and recommendations of the Bearing Officer. (h) The decisi o n of the Board shall be final, subject to judicial review pursuant to Rule 106(a) (4), Colorado Rules of Civil Procedure, as said rule exists or as it may be later am ended . 5-3-6 : CO MPL AINT RESOLUTION PR OCE DURE The City Manager , within sixty (60 ) days of the eff e ctive dat of the ordi na n ce, s h all establish a written -27 - • I • - • • • • Complaint Resolution Procedure for employees whose positions do not fall within an appropriate bargaining unit for the resolution of complaints or alleged violations of the written personnel rules and policies of the City, which Complaint Resolution Procedure shall not be applicable to demotion, suspension or discharge. -21- • I • • • • • • • CBAPTBR IV -BLB~IORS 5-4-1: POLICY STATEMENT From the effective date of this Ordinance, exclusive recognition of an employee organization to represent employees in an appropriate bargaining unit shall be accomplished only by election in the manner set forth herein . The Board shall be responsible for overseeing all elections of an employee organization which seeks exclusive recognition as the certified employee organization in an appropriate bargaining unit. Petitions for an election may only be submitted for selection, retention, clarification, or amendment of an appropriate employee bargaining unit. 5-4-2: PETITION FOR SELECTION OF EMPLOYEE ORGANIZATION A petition for selection of a certified employee organization may be filed by the City when presented with a deaand for recognition, or by an employee or group of employees who qualify for inclusion in an appropriate bargaining unit, or by an employee organization claiming to represent employees in an appropriate bargaining unit for the purpose of collective bargaining. 5-4-3: PETITION FOR RETENTION A petition for retention of a certified employee organization aay be filed by an employee or group of employees who qualify for inclusion in an appropriate bargaining unit or another employee organization wishing to decertify an existing -29- • I • • • • .. certified employee organization. Said pet ition shall be for the then certified bargaining unit. When deemed appropriate by the Board, a petition for retention aay also be treated as a petition for selection. 5-4-4: TIME FOR FILING PETITIONS FOR SELECTION OR RETENTION A petition for selection or retention of a certified employee organization may be filed at any time, prov i ded (a) a valid election for selection or retention has not been conducted in the same appropriate bargaining unit within the preceding twelve (12) months, or (b) there is not then in existence a current and valid collective bargaining agreement. In the event there ex i sts a current and valid collect i ve bargaining agreement, a petition, to be timely, must be f il ed with the Board more than three hundred thirty (330 ) ca lendar days but not more than t hre e hundred sixty (3 6 0) cal e ndar d ays prior to the exp i ra tio n date of the eff e ct ive co l l ect i ve bargaining agreement. A c ollective barga ini ng a gre ement t hat is p r ematurel y e xte nded, or a collec tive ba rgaining agr e ement that has been negotiated a nd ratifie d p rior to the expiration of the then current collective bargaining agreement, will not bar the filing of a petition, provided said petition is filed more than three hundred thirty (330) calendar days but not more than three hundred sixty (360) calendar days prior to the expiration of th then current collective bargaining agreement. 5-4 -5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR RETE NTION -30- • I • • • • • .. A petition for selection or retention must be signed by at least thirty-three percent (33\) of the full-time classified employees in an appropriate bargaining unit expressing a particular request with regard to representation. 5-4-6: PETITIONS FOR CLARIFICATION OR AMENDMENT A petition for clarification or amendment of an existing appropriate bargaining unit may be filed at any time by the City or an employee organization provided, however, that only one petition for clarification or amendment may be filed by the same party with respect to the same bargaining unit in any one (1) calendar year. No election shall be allowed or conducted for clarification or amendme nt. The Board , or a t i ts discrection, a Bearing Officer appointed by the Board shall conduct a hearing on the petition for clar if ication or amendment consistent with SS-4-11. The Board's de cis ion s hal l be effective on the date it is rendered an d c o l le c tive bargaining contracts shall conta i n language consist e nt wi th th i s paragraph. 5-4-7: FORMS An appropriate form or forms for the filing of the enumerated Petitions shall be available at the Office of the Director of Employee Relations. 5-4-8 : PROCESSING OF PETITION A petition for selection or retention of a certified employee o rganization or a petition for clarification or amendment of an existing appropriate bargaining unit must be -31- • I • • • • • • • filed with the Board. A copy of said petition shall be simultaneously served upon the City and/or the current certified employee organization, if any. The Board or, at its discretion, a Bearing Officer appointed by the Board, shall process the petition and establish all necessary rules and procedures for conducting an election if an election is to be conducted. If an election is to be conducted the Board or its designated Bearing Officer shall schedule a pre-election conference with the City and the employee organization{&) involved, to be held within five {5) calendar days after the petition has been filed with the Board. An attempt shall be made to enter into a consent election agreement at the pre-election conference. Such agreement shall include a description of the appropriate un~t, the time and place for holding the election, and the payroll period to be used in determining the employees within the appropr iate unit that shall be eligible to vote. Such consent election shall be conducted within twenty-one (21) calendar days of the agreement under the direction and supervision of the City Election Commission. Upon motion duly carried by the Board, the time for conducting the consent election may be extended at th request of the City, p titioner, Bearing Officer, or other interested parties for an additional period not to exc ed twenty-one (21) calendar days. 5-4-9t PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON SELECTION OR RETENTION -32- • I • • - • • • • • (a) If the parties are unable to enter into a consent election agreement, the Board, within five (5) calendar days of the pre-election conference, may designate a Bearing Officer to conduct a pre-election hearing. Within seven (7) calendar days of the pre-election conference, the Board or Bearing Officer shall schedule a hearing to be held within fourteen (14) calendar days of the pre-election conference. The Board or Bearing Officer duly appointed shall do and perform the following functions. (l) Establish after notice and hearing to both parties, fair and equitable election rules and procedures designed to insure freedom of choice to all employees in the appropriate bargaining unit to determine whether they wish to be represented for purposes of collective bargain ing in such a aanner that the choice shall be free of restraint, coercion, and significant aisrepresentation of facta. (2) At th hearing provided for in paragraph (a) above, the Board or the Bearing Officer shall det r ine if ther exists an appropriate bargaining unit. In making such determination, the Board or the B aring Officer shall rely on the following factorst -33- • I • • • • • (i) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Title and under the City Charter. (ii) The community of interest of the employees. (iii) The history of the employee relations in the unit, among other employees of the City, and in similar public employment. (iv) The effect of the unit on the efficient operation of the public service and sound employee relations. (v) The effe ct on the existing classification structure of dividing a single classification among two or more units. (3) In addition to determining if there exists an appropriate bargaining unit, the Board or Bearing Officer shall also determine the following issues: ( i) Whether there is sufficient showing of employee interest to justify an election. (ii) Whether a que stion of representation exists. (iii) Whether th employee organization nam d in the petition is qualified. -34- • I • ...... • • • • .. (iv) Whether there are barriers to an election in the form of an existing contract or prior election. (v) Whether the election is otherwise proper under the Charter or Ordinances of the City of Englewood. (b) The Board or Hearing Officer shall issue written findings and recommendations within ten (10) calendar days of the close of the hearing which shall contain reasons therefore as to any and a ll of the matters at issue, as well as recommendations on the time and place of holding an election and the payroll period to be used in determini ng the employees within the appropriate bargaining unit that shall be eligible to vote. The recommendation shall also contain a statement, after appropriate consultation with the Election Commission, that the Election Commission shall supervise and conduct the election by secret ballot not later than twenty-one (21) calendar days from the date of th r commendations. (c) In the event the Hearing Officer's findings and recommendations are other than to conduct an election, an appeal on the issue may be taken to th Board by the affect d party or parties on the findings and r commendations of th Hearing Officer. Said app al must b in writing and filed with the Board, with -35- • I • - ( • • • • appropriate notice and a copy of the appeal to the interested parties, within seven (7) calendar days of the issuance of the findings and recommendations denying an election. The Board shall hear said appeal within seven (7) calendar days thereafter in accordance with the appeal procedures set forth in 5-3-5(d) through (h), but here the Board's final decision shall be made of record, affirming, modifying or reversing the findings and recommendations of the Bearing Officer within five (5) calendar days of the date the appeal is heard by the Board. In the event the Board's d ecision provides fo r condu cti n g a n elec t ion, said election shall be held in ac cordance with paragraph (b) above within twenty -one (21) cal ndar days of i final decision. 5-4-10: OBJECTIONS TO ELECTIONS (a) An y party a nd the election co aion ofhc al supervis i ng t he election ma y challenge, for good eaua , th e el igibility of any person part1cipating in the election. The ballots of such challenged p rsons shall be impound d. Immediately upon the conclusion of the election, the lection commission shall cause to be furnished to the parties a tally of the ballots. Within fiv (5) cal ndar day aft r the tally of ballots has b en furni h d, any party may file with the Board a writt n stat ment of objections to th conduct -36- • I • • - • • • • of the election or conduct affecting the results of the election, which shall contain a short statement of the reasons therefore. Any party may at this time also file objections to the findings and recommendations of the Bearing Officer which were rendered covering those matters set forth in Sections 5-4-9(a) and (b). Copies of such objections shall immediately be served upon the other parties by the party filing them. The party filing objections shall also furnish to the Board and all other parties a summary of the evidence available to it to support the objections. (b) If no objections were filed within the time set forth above, and if any challenged ballots are insufficient in number to affect the results of the election, the Board shall forthwith issue to the parties a certification of the results of the election, including certification of the certified employee organization, where appropriate. (c) If objections are filed, or if challenged ballots are sufficient in number to affect the results of the election, the Board may d signate a H aring Officer within fift en (15) calendar days of the election to conduct a post-election hearing. Nothing herein shall be interpreted a pr eluding th same Be ring Officer serving in both the pre-election and poat-election hearing. Within five (5) calend r daya -37- • I • • - • • • • after the appointment, the Hearing Officer shall schedule a hearing on the objections and/or challenged ballots to be held within twenty (20) calendar days of his appointment. The Bearing Officer's findings and recommendations on all matters in dispute shall be issued within ten (10) calendar days after the close of the hearing. An appeal from the Bearing Officer's findings and recommendations may be taken pursuant to 5-3-S(d) through (h). ( i) In the event a Hearing Officer is not so designated, the Board shall schedule its own hearing within twenty-f i ve (25) calendar days after the election, and shall issue a final decision on al l matters in dispute within ten (10) calendar da y s after the close of th e hearing. 5-4-11: HEARING PRO CEDU RE FOR PET I TION FOR CLARIFICATION OR AMENDMENT (a) A hea ri ng t o d etermi n e the follo wing issues shall be held within fourteen (1 4) calendar day s o f the f i l ing of th petition for clarification or amendment: (i) Wh ther a petition was properly fil d and is oth rwi proper under this Titl and under t he Chart r of th C ty of Englewood. (ii) Wh ther th amendm nt or clarification ia conaiatent with th concept of appropri a te employee repr a ntation unita as co n tai n e d in -3 8- • I • • • • • • 5-4-9(a) (2). (b) The Board's final decision or the Hearing Officer's written findings and recommendations shall be issued within ten (10) calendar days after the close of hearing and contain reasons therefore as to any or all of the matters at issue. The Hearing Officer's findings and recommendations are subject to appeal in accordance with 5-3-S(d) through (h). -u- • I • • • • • • CHAPTER V -REGOTIATIORS ARD IMPASSE RESOLUTION PROCEDURES, ARD RO STRIKE 5-5-1: STATEMENT OF POLICY It is the public policy of the people of the City of Englewood to promote 'harmonious, peaceful and cooperative r elationships between the elected and appointed officials of the City and the members of the classified service and to protect the public by assuring, at all times, responsible, orderly, and uninterrupted operation of government services and where necessary, to provide for and regulate such matters of local concern. Since unresolved disputes in the public service are injurious to the public, and to the government of the City of Englewood, and City employees, there is hereby provided, for full-time classified employees in an appropr i ate bargaining unit, the right to bargai n col l ectively concerning certain subjects with the City as employer through a certified employee organization and a method for resolving impasses in such bargaining, as hereinafter provided. The establishment of this aethod of resolving such impasses shall be deemed to be a recognition of the propriety of providing an alternative mode of settling disputes where public employees, as a matter of public policy, and in recognition of th desirability of maintaining a balance in the labor management relationship, must b deni d th right to atrike. 5-5-2: ENTITLEMENT TO BARGAIN WITH THE CITY -40- • 0 I • • • • • Only full-time classified employees in an appropriate bargaining unit have the right to bargain collectively with the City through their certified employee representa tiv e towards securing a collective bargaining agreement. Only an employee organization that has been certified by the Board shall be entitled to engage in collective bargaining with the City. 5-5-3: THE SCOPE OF THE COLLECTIVE BARGAINING AGREEMENT The collective bargaining agreement between the City and the certified bargaining representative shall consist of any and all terms actually agreed upon by the parties, which terms are not otherwise inconsistent with the Ordinances or Charter of the City. The collective bargaining agreement shall be for a term of not less than one (1) year nor more than three (3) years, provided that all collective bargaining agreements entered into shall be effective on a January 1 date and shall terminate on a December 31 date. 5-5-4: COMMENCEMENT OF NEGOT I ATION S The obl igation to meet at responsible times and negotiate in good faith shall commence on or prior to M y 15 of any applicable year in which the bargaining agree ent expir a or in which collect i ve b rgaining is oth rwis prop r und r this Title. This oblig tion shall be initiat d by a request from either th City or th c rtified employee repr s ntative which outlines the ap cific subjects upon which bargaining ahall b aought. ither party, how v r, shall b permitt d to raiae additional aubj eta tor bargaining in their firat count r -41- • I • • • • .. proposal. Only those mandatory subjects so raised and upon which the parties are at an impasse may be referred to the Board for impasse resolution. 5-5-5: SUBJECTS FOR COLLECTIVE BARGAINING (a) The City and the certified employee representative shall have the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: Wages, hours, vacation, insurance (contribution levels only and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funderal leave, dues deduction, grievance resolution procedure (including costs and expenses associated therew i th ), non-State or Fede r ally regulated or mandat ed pen si on or r et i rement provisions (con tribution level s o nl y ), ov e r-t i me pay f ormul a s, wo r k un i for m p rov isions , a cti ng pay, longevity, tra n sfer procedure , proc e dures f or suspension, demotion, discharge, and educational incentives. That the maintenance of benefits shall also b consid red a mandatory subject und r thia a ction for th p riod cov ring up to and including D cemb r 31, 198 4 , a fter which it will b com a permiaaiv subject • • D I • ( • • • • (b) The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining: Any subject pre-empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension provisions; administration of insurance programs; selection of insurance carrier including self-insurance; matters delegated by Charter to any Board or Commission of the City; all matters relating to classification, recruitment, hiring, examin ati on and certification of appointment to a position and Career Service Board Appeals based thereupon; promotions out of the bargaining unit. (c) Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. 5-5-6: RATIFICATION BY TBE CITY A collective bargaining agreement shall not be effective b tween the parties or binding upon the City until such time as the City Council approves and ratifies the terms of said collective bargaining agr ement. Upon tentative agreement with th authorized representative of the City or upon r solution through impaaa , th City shall forthwith present said agreement to City Council for its approval and -43- • 0 I • • • • • • (b) The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining: Any subject pre-empted by State or Federal law or by City Charter1 State or Federally regulated or mandated pension provisions1 administration of insurance programs1 selection of insurance carrier including self-insuranceJ matters delegated by Charter to any Board or Commission of the City1 all matters relating to classification, recruitment, hiring, examination and certification of appointment to a position and Career Service Board Appeals based thereupon1 promotions out of the bargaining unit. (c) Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. 5-5-6: RATIFICATION BY THE CITY A collective bargaining agreement shall not be effective b tween the parties or binding upon the City until such time as the City Council approves and ratifies the terms of said collective bargaining agreement. Upon tentative agreement with th authorized representative of the City or upon r solution through impasse, the City shall forthwith present said agr ement to City Council for its approval and -u- • I • - • • • • ratification, and shall make every reasonable effort to secure said approval and ratification. 5-5-7: RATIFICATION BY THE CERTIFIED EMPLOYEE ORGANIZATION Upon tentative agreement with the City or upon resolution through impasse, the certified employee organization and its officers shall forthwith present said agreement to its members for their approval and ratification, and shall make every reasonable effort to secure said approval and ratification. 5-5-8: IMPASSE RESOLUTION In the event the parties are unable to reach agreement on all mandatory subjects to be contained in the collective bargaining agreement on or before July 1 of the year in wh ich the parties have met and bargained over these subjects, either party may delcare impasse upon serving written notice of the impasse to the other party within four (4) calendar days of the declarat ion of impasse. In the event the parties have been unable to reach agreement by July 1, the following impasse resolution procedures shall immediately commence. (a) Within five (5) calendar days of the impasse, each party shall separat ly submit to the Board an impasse statement which contains their final offers regarding any mandatory subj cts upon which th parti are at impass • Th Board and th Board only shall then send to each party a copy o th other party's impasse state. nt. -u- • I • • - • • • • (b) Within ten (10) calendar days of receipt of the party's impasse statement, the Board shall schedule dates for fact finding hearing on the impasse subjects, and in no event shall the first day of the fact finding hearing commence later than ten (10) calendar days from the date of receipt of the impasse statements of both parties. At the first hearing date, the Board shall schedule additional hearing dates if necessary. In no event shall the hearings be concluded later than August 1. (c) At the fact finding hearing, both parties, through their respective representatives, may present such evidence and testimony as the Board deem s relevant and material. The Board shall only consider mandatory subjects upon which the parties are at impasse and which are contained in the final offer, submitted in the timely impasse statements. Rules of evidence shall not be strictly applied, and the hearing, to the extent possible, shall be conducted in an informal fashion. (d) By August 10, the Board shall issue written findings of fact and r commendations for resolution of the mandatory subjects in dispute. Said findings and recommendations shall be s rved upon the certified e•ployee organization, th City and City Council. Said findings and recomm ndations shall be final and binding upon the partiea unleaa, within fiv (~) working days -45 - • I • • • • .. (g) Within thirty (30) calendar days after receipt of this Notice of Dissatisfaction, City Council shall call a Special Municipal Election by Ordinance of Resolution, submitting the matter to a vote of the qualified electorate of the City. The final offers of the City and certified employee organization and the Board's recommendations on the issue(s) contained in a Notice of Dissatisfaction shall be submitted as alternative single measures to a vote of the qualified electors of the City. The qualified electors shall elect either the position of the City, the position of the certified employee organization, or the Board's recommendation. The position or recommendation receiving the highest number of votes, shall be deemed approved. Said election £hall be held consistent with the provisions of Article 11, Section 14, of the City Charter. (h) All costs or expenses of any publication or special election shall be borne by the City. 5-5-9: STRIKES PROHIBITED (a) The protection of th public health, safety and welfare demands that neither the certified employee representative, nor any employ e organi zation, nor any employ ea of th City, nor any person acting in concert with them, will cause, sanction, or take part in any atrike. -47- • I • • • • • • • (b) In the event a certified employee representative engages in any conduct which falls within the definition of •strike• herein, such violation shall be cause for the City to terminate the collective bargaining agreement with said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified employee representative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity, Said action of the City is subject to the Grievance Appeal section, 5-3-2. (c) In the event an employee or employees engage in any conduct which falls within the definition of •strike• herein, such violation shall constitute just cause for the immediate discharge of said employee, in addit ion to whatever other remedies may be available to the City at law or in equity. The City shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in violation of said section. It is expressly recognized that the City has the right to selectively discipline, up to and including discharge, any mployee or employees whose conduct falls within the definition of said section without having to discipline all employees whose conduct falls within the definition of said section. An employee or employees directly affected by an action of the City under this section shall have the right to grieve said action through the Grievance Appeal -u- • I • • - • ( • • • section, 5-3-2, or, where appropriate, through the Disciplinary Appeals section, S-3-3 • -u - I • • • • • Section 3. Severability: If any provision or clause of this Ord~nance, or application thereof to any person or cir- cumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. Introduced, read in full and passed on first reading on the 16th day of November, 1981. Published as a Bill for an Ordinance on the 18th day of November, 1981. Eugene L. Ot~s, Mayor Attest: ex off~c~o C1ty Clerk-Treasurer 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of November, 1981. Gary R. Higbee • I • • • • - P R 0 C L A M A T I 0 N WHEREAS, the Englewood United Suburban Chamber of Commerce and the Littleton Chamber of Commerce have examined the possibility of merger; and WHEREAS, the merger is seen as a way to solve and solidify the Chamber's position in an area where a business boom over the next decade seems certain; and WHEREAS, a task force appointed to study the merger has concluded that a combined Chamber could truly represent the most dynamic commercial, industrial, business community in the nation; and WHEREAS, the merged Chamber will continue to represent the interests of the Englewood business community. NOW, THEREFORE, THE CITY COUNCIL of the City of Englewood, Colorado hereby proclaims its support for the merger of the Englewood United Suburban Ch mb r of Commerce and the Littleton Chamber of Commerce to form an exp nded chamber of commerce to be known s CENTENNIAL CHAMBER OF COMMERCE GIVEN und r my hand nd a 1 thi / W ih day o November, I • • • • - P R 0 C L A M A T I 0 N WHEREAS, the Englewood United Suburban Chamber of Commerce and the Littleton Chamber of Commerce have e xamined the possibility of merger; and WHEREAS, the merger is seen as a way to solve and solidify the Chamber's position in an area wh ere a business boom over the next decade seems certain; and WHEREAS, a task force appointed to study the merger ha s concluded that a combined Chamber could truly represent the most dynamic commercial, industrial, business community in the nation; and WHEREAS, the merged Chamber will continue to r e pre sent the interests of the Englewood business community. NOW, THEREFORE, THE CITY COUNCIL of the City o f Englewood, Colorado hereby proclaims its s uppor t for the merger of the Englewood United Suburban Chamber of Commerce and the Littleton Chamber of Commerce to form an expanded chamber of comme r ce Lo be known a CENTENNIAL CHAMBER OF COMMERCE GIVEN und r my hand and seal this day o f Novemb er , Eugene L. Otis, Mayor I • • • • • • - P R 0 C L A M A T I 0 N WHEREAS, the Englewood United Suburban Chamber of Commerce and the Littleton Chamber of Commerce have examined the possibility of merger; and WHEREAS, the merger is seen as a way to solve and solidify the Chamber's position in an area where a business boom over the next decade seems certain; and WHEREAS, a task force appointed to study the merger has concluded that a combined Chamber could truly represent the most dynamic commercial, industri al, business community in the nation; and WHEREAS, the merged Chamber will continue to represent the interests of the Englewood business comm unity. NOW, THEREFORE, THE CIT¥ COUNCIL of the City of Bngl wood, Colorado hereby procl ims its support for the merger of the Englewood United Suburban Chamber of Commerce and th LiLtleLon Chamber of Commerc to form an xpanded chamber of commerce Lo be known as CE TEN IAL CHAMBE OF COMMERCE GIVEN und r my h nd nd 1 this d y 0 ve 1.! , Eugene L. Otis, Mayor • I • • ( • • • • P R 0 C L A M A T I 0 N WHEREAS, the Englewood United Suburban Chamber of Commerc e and the Littleton Chamber of Commerce have examined the possibility of merger; and WHEREAS, the merger is seen as a way to solve and solidify the Chamber's position in an area where a business boom over the next decade seems certain; and WHEREAS, a task force appointed to study the merger has concluded that a combined Chamber could truly represent the most dynamic commercial, industrial, business community in the nation; and WHEREAS, the merged Chamber will continue to represent the interests of the Englewood business community. NOW, THEREFORE, THE CITY COUNCIL of the City of Englewood, Colorado hereby proclaims its support for the merg r of the Englewood United Suburban Chamber of Commerce and th L~ttleton Chamber of Commerce to form an xpanded chamber of commerce Lo b known s CENTENNIAL CHAMBER OF COMMERCE GIVEN und r my hand and 1 this -------day of November, Eug n L. Ot~s, M yor • , I • • I ' 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 November 12, 1981 g Six Quarter Budget INITIATED BY City Manaaer AC Tl ON pROPOSE D __ c:::o:.:n::;s:..:i:.::d:.::e:.:r.::a..:t;;.io.:.n~i:.:n::....::a:.::d::o:!:p..:t;;.i n;:;g~a:.....:.Re=s..:o.:.l.:.u.:.t::.io::;n:.:....;o:.;f:......:t:.:;h:.::e~S::.i x:.:.....;Q:>.:u::.:a:;r:..:t:.::e:.::r __ Budget -October, 1981 through March, 1983 BACKGROUND The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the summer of 1973 . The essence of the Six-Quarter Budget is that the City has a continuing budget which extends one and one-hal f years into the future . Every quarter , the City Council reviews and analyzes this budget , and if projec ts are delayed due to unavoidabl circumstances, they are dropped back in this budget, while projec ts ready to go are moved forward. The mo st current revenue forec sts are used nd, if additional funds become available, specific projects could be m.oved forward and completed ahead of schedule o r a new or emergency project could be added. 1 81 CHANGES Clarkson Stre t projec r due db $38 , in th fourth qu rter to mak final project payment to the Color do part nt of High.lays. Dar mouth Av nue and Leh Bridg r ceiv d $22,782 and $16,066, r pectivdy. Tia City has r quest d additional fed r l aid to h 1p cover th e o t but d ni ..1 du to limit d f d ral funda. $43 ,9 $1 ,9 axp n bond aale , in of $421,01 • Ct h th r co iz t e co ta. Titl in th C:tty ' • in I d I • • • • -2- Fire Station #3 built at Layton and Acoma, has been completed. Due to higher than expected condemnation costs and communication equipment installation costs, $9,000 is needed in the fourth quarter to close the project. Sidewalk Repair Project 1981 consisted of concrete repairs that were the City's responsibility. The City budget of $30,000 will not be exceeded ; however, we need to recognize the $20,000 in work we did on an RTD grant. This $20,000 will be reimbursed by RTD and will be returned to the PIF Fund. Resurface Englewood High School Tennis Cou rts project was agreed to by City Council on September 15, 1980 . The City shared the costs with the Englewood School District on a 50/50 basis. The final cost was $38,405, making the City's share $19,202.50 as is shown on the fourth quar er of 1981. There are seven accounts shown in the Resolution that are being reduced by a total of $464,951 in the fourth quarter. It is anticipated these projects will be reinstated to their current funding level in January of 1982 as the result of transferring approximately $1 .2 million from surplus revenue from the General Operating Fund to the Public Improvem nt Fund (see projects listed below). Golf Carts Methane Gas Conversion Senior Center Parking #2 Little Dry Cr ek Downtown Drainage nd Traffic Im provements River Dev lopm nt 111 Broadway Beautifi tion Senior Center P rking l.ot fl Animal Control Sh lt r Author! v TOTAL 1982 CIW'CES: r.ars t 12, lOwill r to th Publl ro • $ 125,000 250,000 32,000 395 .956 180 ,000 121,951 50,000 15,000 33 ,000 35,000 10 ,000 s 1 '26 7 . <107 a ~ton th ed a net Cen ral Fund tr nafer. uaing hl $100,000 pr ly nt. In the fourth q in 19 2 a r ault I • • -• • ,. • -3- Golf Course Principle and I ntere st represen ts t h e paymen t due on t h e b ond s s old to build the clubhous e . $78.95 0 is shown i n the fi rst qua r ter. Downtown Drainage a n d Tr aff i c Improvements was r ed u ce d by $250 .000 in the fo urth quarter due t o r e duced PIF anticipated revenues. Me t hane Gas conversion was reduced from $300.000 to $50 .000 in the fo urth q uarte r. The $250.000 will be r eplaced in 1982 as a result of t r ansferring General Fund revenues to the Pu blic Improvement Fund. 1983 CHANGES: Little Dry Creek p r oject to make lOD-year flood improvement rece i ved $39 8 .300 for the first quarte r of 1983 and was the only project to receive funds in that q uarte r. RECOMMENDATION : The attached Resolution amenidng the Public Improvmeent Fund is prese nted for your c onsideration . • I • • • • • SIX QU ARTE R BUDGET OCTO BER, 1981 THROUGH MA RCH , 1983 1981 EXP . PROJ. APPRO . APPRO. 1982 TOTAL 1ST PROJ . APPRO . SAL. BAL. 4TH 1ST 2ND 3RD 4TH 1982 QTR. BUDGET P. T.D . P.T.O. 9/30/81 ~ ~ ~ ~ !lliL APPRO . 1983 I $ 406,421 $ 406,421 397,598 $ 8,823 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 2. 1,729,000 90,482 906,823 83,659 160,403 1.201,516 0 130,000 194,050 1,525 ,566 398,300 3 1,300,000 184,998 4,600 180,398 (180 ,000) 0 0 0 0 0 0 4 7 ,267 47,267 39,168 8,099 0 0 0 50,000 0 50,000 0 nts 265,850 215 ,850 130,914 i4 ,936 0 0 50,000 0 0 50,000 0 C25 ,000 73 ,2!5 16,5 2 56,673 (38,848) 0 0 0 0 0 0 0 0 0 0 0 0 0 200,000 0 zoo,noo 0 54 4.416 530,985 2 9, '41 231.744 0 0 300,700 0 0 300,700 0 600,000 93,100 95,095 (1, 95) 2 ,000 0 0 0 0 0 0 70,400 70,367 70,3 7 0 0 0 0 0 0 0 0 22 .~bO 228,lb0 225,78 1 2,479 0 0 0 0 0 0 0 300 ,000 282,703 278 ,7 3,913 0 0 0 0 0 0 0 i .ooo 24 .ooo 0 24.000 0 0 0 0 0 0 0 3, 4 .lll 3, .Jl1 3,840,5 2 7,589 0 0 0 0 0 0 0 721.300 3J5,850 27 4,876 120,974 0 0 0 0 0 0 0 I. 7 .ooo 1.047,000 108,057 938, 3 (77 . ~)) 0 0 0 0 0 0 12~.0 0 0 0 0 0 0 0 0 0 0 560.000 558, 5 567. !i3 (8,7 ) 9,000 0 0 0 0 0 0 3 .ooo 0 .000 J(j, 76 ( ,376) 20,000 0 0 0 0 0 0 9 • 0 25, 25,606 74 0 0 0 0 0 0 0 4(), 40,000 33,2 2 6,718 0 0 0 0 0 0 0 2,000 20 ,000 0 20,000 0 0 0 0 0 0 0 50.000 50,000 0 50,000 0 0 0 0 0 0 0 500,000 0 0 0 0 0 0 0 0 0 0 48,000 16,000 81 15,919 ps.oool 0 0 0 0 0 0 110,000 33,000 0 33,000 33,000 0 0 0 0 0 0 10,000 10,000 0 10,000 0 0 0 0 0 0 0 100,000 0 0 0 0 0 100,000 0 0 100,000 0 100,000 100,000 0 100,000 (35 ,000) 0 0 0 0 0 0 25,000 25,000 25,083 (83) 0 0 0 0 0 0 0 00,000 0 0 0 0 0 0 0 50,000 50,000 0 liO ,OOO 0 (I 0 0 0 0 0 60,000 60,000 0 19,203 0 0 0 19,203 0 0 0 0 0 0 0 0 0 0 0 78,950 0 0 0 78, 50 0 22,785 0 22.782 ~zz ,7 zl 22,78 0 0 0 0 0 0 16 066 0 16,066 ___ o ___ o ___ o ___ o 0 ___ o 16 1 06 --l!a.Q!6 TOTAl 3 3 459 $9.~47 ,154 .!J 9f Joo • • • • • • 0 RESOLUTION NO. ;, 1 SERIES OF 1981 ----- A RESOLUT ION AMEND ING THE PUBLIC IMPROVEMENT FUND. WHEREAS , the City Co uncil of th e City of En glewood , Colorado desires to make certain changes within t he Pu bl ic Improveme nt Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, a s follows: Section 1. The following estimated rev nues and appropriations of funds are hereby made in the Public Improvement Fund : Source of Funds Re gional Trans portati on Dist ri c t Bond Pro ceeds Us e Tax Admi ssions Ta x Federal Gr a nt Interest Earn ings Urban Drainage a nd Fl ood Co nt rol Dist rict (Refund) Total Appli cation of Fund Fund Bal ne e Cl rkson Street Paving Di s ri c t ,27 Riv r Dev elop n t III (City Con r ibution) River Dev l opmen t Ill (Bond Proc ds) Fire St tion 113 Sidewalk Rep i r Re s urfac Engl wood Hi h T nni Courts Da r tmou h Improv rnents L ho w Av nu Brid u of 'ot Utilizin Down own To t a l To t a l r ction Pro ff I r v 1 Plllf'nt Authori t y • Ct 00 ,000) (180 ,000) (l 1 ,951) (50,000 ) 15,000) ()3 ,000 ) U,S ,OOO) venu $ 20,000 465,000 (16 . 200) (990) (740 ,555) 92,400 20 ,000 (160 ,345) 210 ,41 7 (38 ,848) 2,000 (421,014) 465,000 9,000 20,000 19.20 3 22 ,782 16,066 (464,951) $ (160 1 345) I • - r • • • • -2- Section 2. The City Manager and Director of Finance are hereby authorized t o make the above changes to the 1981 budget of the City of Englewood . ADOPTED AND APPROVED this----day of------------' 1981. Mayo r ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution o. , Series of 1981. Gary R. Higbee I . • • • - 0 C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT November 9 1981 B Re vise d Citizen Participation Plan f INITIATED BY Dire ctor of Community Development ACTION PROPOSED Approye the Citizen Pa rticipation Plan BACKGROUND : When Council authorized submission of the application for the 1981 Community Development Block Gran , they had to certify that the City had prepared and followed a Citizen Participation Plan that meets the requ irements of 24 CFR 570.43l(c). The plan used was the s ame one prepared for the 1979 Gr nt. \.Jh n HUD staff monitorec:l the Englewood Communi y Developmen programs rec ntly, they found that this plan does not meet th revised regulations for Citizen Participa- tion plans, and directed hat h plan be revised. The attached revised plan was ased on a ample provided to the staff by HUD. The revised plan Area #1 neighbor to HUD accordin The irony is tha requirem nt for been revised o RECOMMENDA TIO It is recomm nd d h t ion Plan nd authorite City . City Council pprov th Ci y M n r to i n i • Citiz n P rticip - on b h lf o th I • • • • • CI TI Z!X PAITICIPArlON PLAN !!1! 1111 ern or IIICUWOoo, sura or COLO&ADO PUI.SU.urt TO TH1 DEPAI'nml'f or II>USIIIC A11D 11U.U1 DBV!!LOPIIE!IT U CULA- TIOIS, SICTIOI ~70 .4ll , OOMNUK i n DEVILOPMENT ILOCl CIAMTS , SMALL CITIES PIIOCIIAII, Till: Ci n OP !IICL!WOOD ADO PTS Til! rou.owntc CITIZEN'S PAITICIPATION Pt.ur : 11M int~nt of thia Plan ia t o a ct ao a auide to c ithena f o r continu- ina and .. aninaful involve.ent and part i cipation i n t he pl anntna, t_,l e .. n- tation, and aaaaa ... nt of proar ... undart~en by the Ci t y of Englewood vith the Ca..unity Devalop .. nt l lock Grant Pund a : 1. Two Public Haarinaa v ill be beld pr i or to tbe aublliaaion of the Pre-Applic a tion and tha App l i ca t i on fo r the fol lovtna purpos es : a) To obtain tba vieva and pro poaala of citizana at tha initial a t aaa of the Pre-Application, and Applic ation , 1n the deve lop .. nt of • .._ and eapr~•• hou•1Da needa and pr1or1t 1ea. b) To ob t ain ca..ent a and to •••••• pa rfor..nc e of any praviou a Co-.unity Pe rfor .. nca . c) to obuin co-u and vieva of c1Uzena on the propoaad Pre-App lica tion and Applica tion prior to aubaiaoion of the Pr e -Applic ation a nd Ap pli- c ation t o A-9) Cl aarinah ouaea . d) To obtain Ca..&Dtl and ouaaaationa for i nput 1n the davelop .. nt and adoption of t hb Ci tiun Partic ipation Plan . 2 . Adequa te notice of U •• a nd locationo v ill be publia ba d in t he loca l aewo •dia a t l aao t f ive (~) dayo prior to thaaa haarinao 1n order to obtain a ~road par tict pat i~n, pa rt i cula rly lov a nd 80d arate inca. paraono, t.cludina lliaor ltiao a nd han trapped p r ono, and reaid ~nt o of bli&htad aetahloorhooda aad proj e ct area.. l . the aaarinaa ahall be h e ld in a buildin& that 11 acceaaibla to tba plty ac1 d l y haadi.,.ppad to allow full parUcipa Uon by the project are a raddaat o . 4 . Tile haartaao vU l Ita ld in th• e•nin to all tor l uaer attenda nce. ~. lae ponoa to ~1Uuno on dr v itton vtev and/or propoaat. aha ll ba dona v ithtn a per iod of fiftun 6. 11M City ahall puUla c ula tia tha t t t ba De pa rt .. at of lvuataa peru .. for c nto by to approva l U r~ De•e l r ina da ya. In a n vapepe r of a~naral cir- ppltcatton hav b .. n aubllitted to and ara available to interuted r.raona v bhina to object H uatna and Denver, Colorado 80202. da: a ) tiM 4•• rlpt!oe of •••4• ••4 o~J• th .. 1a pldal1 lnc o1 e tent vtth ava tlable fa ra and data. ~J • Uv1t t a t o ~· lolftd ru an a re plataly inappro- priate to ... uaa t a naada and o jecUvea id Dtitied ~ t a Ctty . • • I • • • • • c) The applicaLion doea not co ~~p ly v ith spec1Cic require- Mote o r the l aw . d) The epplicat1oo propooea undertaltin& of ioeliaible acti- v1t1ea . It 11 ioc~ent upon an objector to atate clearly the around• for objection . 7 . A llini-of tvo (2) public hearinaa ahall be held on any amend- .. nta requirina H.U.D. approval, ooe at the for.ative atagea and one on tho a .. nm..nt when ready for aubaiaaion . Notice of aatd .eetinge shall be publiahed in a ccordanc e vith paraaraph 2 hereof . Affected citizens shall be involved in any ... n&.enta no t requirina K.U.D . approval via public .. etinaa in the af f ected neiabborhood or a t a c entral location if entire City 11 a ffect•d, and written -d t. (le.t t era, poetere, nevapaper articlea}. 8 . Te chnical eaaiatanc e will bo provided to facilitate citizen participetioo vllere r equeated . t. li-11naua l o pportuni tiea will be provided when ne c eaaary . 10 . Citiaena aha ll be &ivan the o pportunity t o aueea and aubait c ~n te oa. the City ' a c o_,oity d eve lo p .. nt perfo runce, includin& the per- forMACI of the applicant 'a araoteee and contra ctora . They ahall a lao be aiven the opportunity to aaaeaa projecta and a c tivitiea t o detera1ne whether olljecUvu h an bean a chieved . Cnpiea of atatua report a v Ul be provided to c itiaena vllo viah t o aake co-nto . co-nta vill be aubait ted to H.U.D., toaether wit h a copy of the reaponee o r a aaeeaMnt of the cot~~Dent at the ti.e t he annual perfor.aBce report 1a aubaitud . A l'arforaanc e He.arina will be held to a llow c1t1ceoa to revie w the proar .. pro areaa and perforaaoce. 11 . co.,l a1n ta wi ll be a nowered 1D a t iaely and reaponoive aanner . Ivery reaeonable effort will be aade t o provide vrlttan ruponaea within fifteen ""rltina daya . 12 . Citluna aay re later c plaiuta by l e tler to the tucut1ve Director of the louaina Authority of the City of !nalevood, J~OO Sou th lat1 Street, la&l , Co l o rado 80110, wi thin a te.n-da period of t •• rievance. The becutive Directo r -•t n pond v1th in a fifteen -a y period a d take the M:e eaaary a te,a Ol' a ctioa to rea olve the M ttt:r. reoolved within thla period, then it will louaina Authority a rd o f C 1aa 1onera . by the final e.teratn.otion, n t co a l d City coun 11 . 1). T • City ahall pu It a a n t1 e 1n o clrculation that th• Perf o r aant Aaaea partt .. prior to a ubaiaaion to 1. •,o, 14 . Full publl e c ce a a to proaraa • avotloble ffi<e o of t a tn l e llati ltreet , a t )I M a y h -•r , Col rod<> r ri Of ( lldaya • 1Uantlal1ly re a r41 tile • db all&lbla a tt•ttlao wi ll r wit taf r ao t loa r aar41 pt vlda 4 p&ev1 • a • the aatte r c annot be tnal aatia fted • 1 lt b..tore th r of eneral to interut d )400 uth A .M. t o ll ta1D1 I ta of t atl r••• .. I • • • • • - vith rupect to previoua activiUea. THIS PIAII SHALL U:IIUII Ill rvLL 1'01.0 AIID J:FnCT IJIITIL ALL ACTIVITIES UIIDD THE CO_,.ITY DIVELOPIIIIIf ILOCK GL\IIT PI.OGIAII AU COMPLETED, 01. IJIITIL IT IS SIJPDSEDID IY A WIV PLAW . ADOPnD It Till CITY or DCLZIIOOD THIS---day of------' 198 1. ATTUt : CM.T HICI&I CITY CLIU ., ___________ _ 11/4/1 1 CITY or EIICLEWOOD ly~--~----------------City llanaaer • • 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 APPOINTMENTS TO November 12, 1981 ~ BOARDS, AUTHORITIES, & COMMITTEES INITIATED BY City Manager ACTION PROPOSED City Counc i l of fic ially appoint members to various Boards, Authorities, and Comm i tt ees which currently exist. Background Section 1. As a re s ult of re ce n t r esi gnat i ons, the fo llowing vacancies exist: Urban Renewal Authorit y One term expiring Februa r y S , 1 9 8 2 Two terms expiring Februa r y S , 1985 Water & Sewer Board One term exp1r 1ng Feb r uary 1 , 1986 :.:..::..:;r:-=,,..:.:.;::..::.:::..:;..r-=-:.::..::..;.;:..;:-~~-r=Cc.::o..::m:::m:.::i:..:t:...;t:..:e:...::.e ( llo us in g Aut hor i t y) no expira t ion d at e) Section Z. The es t ablishmen t of h Judici 1 Re~iew Comm1 tt ee wa s approved by Cit y Council it. r ul r Oc ober S, 1981 mee t i n g, a nd interv i ew s ha ve been conducted by Council. \ resolu ion once r ning th is comm i t ee has been pr p· red by he City torney for Council' review. I t is t he under t nding of hi off1c that M· yor Ot1 ha nominated t he follo ing 1ndividu~l -t o the Urban R n al uthorit 1. M . J nAnd ron, 05 t. Cor nell Avenu , En lewood t rm xpning 2. Mr. Rob ~ngl ~ood term 3. Mr . Ru t rm • ood 1 th no vo t i n I • - • • • • • • Page 2 November 12, 1981 With Council's concurrence to these nominations, it sho uld be determined whi ch terms of office are to be filled for each appoint- ment. As to the vacanc ies on the Housing Rehabilitation Committ ee, the Water & Sewer Board, and the required appointments to the Judicial Review Committee, Council, at its convenience, should also con sider making these appo i ntment s. pc • I • ( • C 0 U N C I L DATE Nov . 10, 1981 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM iD ! SUBJECT CLEANING OF DIGESTERS AT THE BI-CITY WASTEWATER TREAT MEN T PLANT .... INITIATED BY William Owen ~~~ , , ACTION PROPOSED Appr oval of contract BACKGROUND The digesters at the wastewater treatment plant have been in operation for four and one-half years. Digesters are usually cleaned every five or s i x years . The present contract for miscellan~ous items at the plant requires that the level of sludge in the digesters be lowered in order to install some piping and valves. Now would be opportune time to cl ean the digesters since each one will be out of service for a period of time for the construction. RECOMMENDAT I(lli_S Bids were received from three firms: National Digester Cleaning Service Diamond Re-Serv-All Company United Liquid aste, Inc. $ 60,000 89,500 110,000 It is recommended tha National Digester Cleaning Service be awarded the contract to clean the four digesters at the wastewater treatment plant for $60,000. Attached is a copy of the proposed contract. Attach. KW/lo • I . ( • • • • a Ciq, of EnglewOOd ---------------------------- 3400 S EI01 1 SlrOOI EngiCJwootJ , Color:u.Jo 00110 November 6, 1981 Phone (303) 761-1140 Mr _ John Ha 11 National Digester Cleaning Service, Inc . 2502 East Fourth Plain, Suite 88 Vancouver, Washington 98661 CONTRACT TO~ DIGESTERS AT THE BI -C ITIES ~ LITTLETON/ENGLEWOOD, COLORADO Upon mutual acceptance and signatures of the Cities of Littleton and Englewood, Colorado, hereafter called the OWNE R and National Digester Cleaning Ser vice, Inc., Vancouver, Washington, hereafter called the CONTRACTOR, the CONTRACTOR shall clean four digesters in accordan ce with the followin g contract terms : Contractor's Obligations : 1. CONTRACTOR shall provide all materials, pumps, pipe, equipment, labor, taxe s, insuran ce, fuel and oil as required to clean the four existing 80 foo -diame ter by 33-foot tall dig sters . 2. The s ewa ge waste w11l be removed to t he d1 sposa 1 area cons 1s t i ng of the existing sludge beds adjacent to the digesters . 3. The CONTRACTOR shall cut the ex i sti ng paved road and l ocat the discharge pipe under the road to vo i d damage by veh icl es. The CO NTRA CTOR shall repair the r oad, to equ1valent cond1t i on, at the compl etion of the project. 4. The CONTRA CTOR shall provide pumps, pipe, etc. to decant acceptable water back to the in-plant s w r. • I • ( • • • ton r act : Nat io nal Digester Cle~ning Service, Inc. Page 2 5. The CONTRACTOR shall provide pumps, pipe, etc. to wash the floors, walls and ceilings with a reasonable amount of high pressure final effluent water. 6. The CONTRACTOR will provide evidence of Workman's Compensation insurance, liability and property damage insurance . 7. The Contractor is respons ibl e for safety of his manpower i n and around the digester in acco r dance with OSHA Safety requirements. 8. The CONTRACTOR sha l l co-ordinate his efforts with the City to clean the digesters in the follow i ng order : Southeast (Se conda ry ), Southwes t (Pr imary ), Northwe st (Primary), and finally Northeast (S econdary ). 9. CONTRACTOR is to mobilize and begin cleanin g operations the week of Novemb er 16, 1981 . 10. The CONTRACTOR sha l l a s sist in seed i ng t he cleaned digester in order to utilize the more desirable cen ter material s and enabl e clean i ng of one digester after another in s equen ce wi t h no more t han one out of service at any given ti me . 11. The CONTRACTOR will expe dite his wo r k to complete the contract as soon as poss i ble. Anti cipated 10 wo r king days per digester. 12. Plans showing r ela t ive f acili t i e s , locations and configurations are en clo s ed for CO NTRA CTOR's reference . Owner's Ob li gat ions: 1. The OWER 's staff w1ll isolate the d1gest rs as requ1red for cleaning. 2. The OWN ER will pay in accordance with the actual amoun of wor complete d and w11l make payr"'ents once per mont at requl rly scheduled meetin gs. Payment invoices shall b submitted to th Bi-City Plant Di re ctor f or approval and payment. 3. The OWN ER w1ll pay the total lump sum contract amount o $ 0,000.00 t o clea n t he four digesters. 4 . The OWNER will be responsible f or cl aning the sludg b ds dfter the digester cl ea ning con tra ct 1s complete. • I • • • • • ConttJt.t : Nati onal Digester Cleaning Service, Inc. Pa9e 3 IN WITNESS WHEREOF the parties hereto have made and executed this agreement as of the dates of the signatures below. Cities of Littleton/Englewood BY: ___________ _ TITLE: __________ _ ATTEST: _________ _ DATE: __________ _ National Digester Cleaning Service, Inc . 2502 East Fourth Plain, Suite 88 Vancouver, Washington 98661 BY:, ____________ _ TITLE: ____________ _ ATTEST: ____________ _ DATE: ____________ _ • 0 I .