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Home My WebLink About1979-01-15 (Regular) Meeting Agenda( • CIT i COU.~CIL MEETING -<{eg u1ar --Januar; 15, 1979 • • - 0 • c • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 15, 1979 The Cicy Council o f the City of Englewood, Arapahoe County, Colorad o, met in regular s e ssion on January 15, 1979. Th e invocation was given by Reverend William Mantei, Centennial Lutheran Church. The Pledge o f Alleg iance was led by Mayor Taylor. Mayor Taylor asked fo r a roll call. Upon a c all of the roll, the f ollowing were present: Council Members Williams, Weber, Smith, Harper, Clayton , Ma nn, Ta ylor . Absent : None . Th e Mayor d e clared a quorum present. * * * * * 1< Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 2, 1979 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Abstain: Council Members Mann, Williams , Weber, Smith, Harper, Clayton . None. Council Member Taylor. The Mayor declared the motion carried . * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 8, 1979. Councilman Harper seconded • I • - • • January 15, 1979 Page 2 • • - the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 2, SERIES OF 1979 A RESOLUTION COMMENDING DAVID ROY WALKER AND HOWARD LLOYD BONE FOR THEIR COURAGEOUS AND LIFE-SAVING ACHIEVEMENT AND FOR THE DESERVED CREDIT THEY HAVE BROUGHT UPON THEMSELVES, THEIR FAMILIES, AND THEIR COMMUNITY. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. Mayor Taylor presented the plaques and framed resolutions to Mr. Walker, 2799 South Washington1 and Mr. Bone, 4135 South Dela- ware. Mayor Taylor congratulated Mr. Walker and Mr. Bone for their bravery and heroic efforts. Mr. Walker and Mr. Bone thanked Mayor Taylor and Council for this honor. * * * * * * COUNCILMAN MANN MOVED TO PASS A PROCLAMATION DECLARING JANUARY 21-27, 1979 AS "JAYCEE WEEK" IN THE CITY OF ENGLEWOOD. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried • • I • .... • • • January 15, 1979 Pa ge 3 • • • Mayor Taylor presented Mr . All e n S h er r ell , Presid e nt of Engl e wood Jaycees, with the proclamation. Mr. Sh e rr el l thank ed Mayor Taylor and the Council fo r the proclamat ion and pr esent ed the Mayor with the Jaycee creed a nd pin. * * * * * * Mayor Taylor asked if there we r e a n y o th er visitors wishi ng to be hea rd at this time . Ther e we r e no other visito r s . * ~ * ~ * * "Commun ications -No Action Recommend e d" on the a ge nd a we r r e c eived: (a) (b) (c) Minutes of th e special meeti n g of the Lib r a r y Board h e l d De cember 26, 1978 with attached memorandum co ncern i n g se r vici n g of Malley Cent e r. Minutes of the Pla nn i n g a n d Zoning Com - mission meeting of Decemb e r 19, 1978 . Memorandum f r om Harri et Lut e , Dir e c to r of Libra ri es, concerning g uidelines for En glewoo d Public Library . Council ma n Smi th discus s e d (a) and asked the City Mana ge r why a f ormal libra ry has not b ee n permitt e d at the Malley Cent er . City Manager McCown stated ther e is a small r oom at the Cent e r which wa s originally meant fo r a f ormal library to be sta ffe d and served by the City's library . Howev e r, after the building was built, it was d etermin e d that a n informal, qui e t r ea ding ar ea would be more a pp ea l i n g to the patrons of the Cent e r than a fo rmal library . City Manager McCown sta t e d Ms. Mickelson, the Ce nt e r's Director, has r eiter ate d that the present set-up is adequate ; and if anyone wants to check out books or magazines th ey a r e we lcomed to do so . All the books and maga zi n es a r e donated ; a n d to staff and buy reading mate rial fo r a formal set -up would be costly . Co un cilman Clayton stated he felt a formal library could be es tablished with a rotat i n g book syst m without any additi onal cost to the City . Councilman Clayton stated the Library Board h as stated a nd is wil ling to set up a fo r mal library at th Cen ter . City Man ager McCown stated the Parks a nd Recreation staff at the Center feel what they have now is adeq uat e a nd they h ave not rec eived any indication f r om the patrons t h at a more • I • - 0 • • January 15, 1979 Page 4 • • • elaborate set-up is needed. However, i f in the future, a more formal type o f library system is needed, the Center will request services f rom the library. Councilman Clayton discussed (c) and requested that Council take more time to review the proposed guidelines for the public library. COUNCILMAN SMITH MOVED TO POSTPONE (C) UNTIL FEBRUARY 5, 1979 AND THAT THE ITEM APPEAR ON THE STUDY SESSION AGENDA AS WELL AS THE COUNCIL MEETING AGENDA AT THAT TIME. Council- man Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from Mr. Earl Ladewig, Chairman of the Englewood Employees' Retire- ment Board, concerning proposed changes to Chapter 9, Section 38, Title V of the Englewood Municipal Code. The Board recom- mended that Council approve the bill for an ordinance that would change the membership structure of the Board, require all em- ployees applying for disability retirements to appear before the Board, and redine the term full time employee . COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 7B, THE BILL FOR AN ORDINANCE IMPLEMENTING THE ABOVEMENTIONED CHANGES. Councilman Mann seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. The Mayor declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 4, SERIES OF 1979 INTRODUCED BY COUNCILMAN SMITH • I • - • January 15, 1979 Page 5 A BILL FOR • • - AN ORDINANCE AMENDING CHAPTER 9, TITLE V, OF THE 1969 ENG LEWOOD MUNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE", REQUIRING DISABLED ~:MPLOYEES TO MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 4, SERIES OF 1979 ON FIRST READING AND TO DELETE THE WORDS "IN A POSITION IN THE CLASSIFIED SERVICE ." IN 5-9-3 (d). Council - ma n Mann seconded the motio~. Council discussed making membe rship changes in other boards and commissions. Councilman Williams stated he fe lt if the make -up of one board is changed then the make-up of all boards should be changed . City Manager McCown stated this subject will be brought to Council's attention sometime i n February . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Heber, Smith, Harper, Clayton, Taylor . Nays: Council Member Williams . The Mayor declared the motion carried . * * * * ~< * City Manager McCown presented the minutes of the Water and Sewer Board of December 19, 1978 and requested Director of Utilities Stu Fonda to appear before Council to discuss the Board's recommendations cont ained in the minutes. Director Fonda appeared b efore Council and discussed the Board's recomm e ndation that Council approve the Connector's Agreement with the City and County of Denver for sanitary sewer taps in northeast Englewood . COUNCILMAN CLAYTON MOVED TO APPROVE THE CONNECTOR'S AGREEMENT WITH THE CITY AND COUNTY OF DENVER FOR SEWER SERVICE. Councilman Harper seconded the motio n. Councilman Smith stat e d h e was hesitant about voting on the agreement without fi rst reviewing the contract. Council- man Smith requested the City Manager to provide Council with a copy of the contract be f ore a ny furthe r ac tion is taken . Councilman Cla y ton withdrew his motion and Councilman Har~er withdrew his second to the motion . I • Janua ry 15 , 1979 Page 6 • • • COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTO RNEY TO PREPARE AN ORDINANCE TO EFFECTUATE THE REQUEST FROM THE WA TER AND SEWER BOARD. Councilman Mann seconded the motion. Councilman Smith requested the City Attorney be prepar ed to discuss the contract at the next study session. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. Director Fonda stated the next recommendation relates to changing 15-3-16 Meter Requirements and 15-3-17 Delinquent Water Bills of the Englewood Municipal Code . Director Fonda proposed a change in 15-3-16 of the Code that would allow the installation of a water meter one size smaller than the pipe. Mr . Fonda's reasons were 1) there would be fewer problems with mechanical parts deteriorating in smaller meters than larger ones; 2) smaller meters are cheaper to replace than to repair; 3) with larger meters errors in measurement of flow can be significant to both the customer and to the utility since under the present system, the utility must request that the customer have his meter tested and, if appropriate, replaced; and 4) the current water rate is designed to include the cost of repair and replacement of the water meters, therefore, to require the customer to bear this cost would be to charge the metered custom r twice for the same service. Di r c t o r Fonda stated the change in 15-3-17 of the Code would mak e the Code conform to the present policy for collection of wat e r bills as outlined in Resolutions #47 and #48, Series of 1977. Mr. Fonda requested the Code be changed to reflect l) all bills are due and payble upon receipt of same and become delinquent fifteen (15) days after date of bill; and 2) flat rate bills will be due quarterly in advance and will become delinquent fifteen (15) days after the beginning of the quarter f or which they are rendered. Mr. Fonda stated the Code presently states delinquency to be 30 days in both cases. Councilman Clayton stated he was opposed to the request to change the delinquency time to 15 days because there might be som e people who need 30 days to render payment. Councilman Clayton stated the City can bend one way or the other and he preferred to I • • • January 15, 1979 Page 7 • • - bend towards the side of the customer by guara nt eeing them 30 days to make payment . Councilman Clayton felt 30 days would not upset the ultimate timetable anyway becau se it would probably affect only a few number of customers. Director Fonda stated the notices go out every 15 days and it tends to jog alot of memories because there is usually a large 15 -day delinquency list . This cycle keeps the delinquency list to a workable level . It would be more difficult on a 30 day cycle becaus e people would be putting off payment longer . Councilman Smith stated the notices help the City's cas h flow and any delay could have a significant impact on it . COUNCILMAN SMITH MOVED TO ACCEPT THE CODE CHANGES RECOM - HE!mE D BY DIRECTOR OF UTILITI!::S STU FONDA IN HIS LETTER DATED JANUARY 12, 1979 AND TO DELETE (A) (2) WHICH IS THE CITY PARKS RECOMMENDATION OF THE MEMO AND TO TABLE THIS PART OF HIS MEMO . Cou n cilman Mann seconded th e motion . Upon a call of the roll , the vote resulted as fo llows: Ayes: Nays: Council Members Ma nn, Williams, Weber, Smith, Harper, Clayton, Taylor. No n e . The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for annual renewals of liquor licens es for the followi ng: Fratellis Pizza 1200 E. Hampden Ave . Albertsons 5175 S. Broadway Sizzler Steak House 5151 S . Broadway Hotel/Restaurant Liquor License 3.2 Beer-Retail Liquor License Hotel/Restaurant Liquor License COUNCILMAN WEBER MOVE D TO GRANT THE ANNUAL RENEWALS OF LIQUOR LICENSES FOR THE ABOVEMENTIONED BUSINESSES. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counc i 1 Members Mann, \villiams, Weber, Smith, Harper, Clayton, Taylor. Non e . • I • • - • January 15, 1979 Pag e 8 .. • • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission relating to the proposed alley vacation in the alley adjacent to Lots 22 and 23, Block 9, Jack- son's Broadway Heights. City Manager McCown stated the Commission is recommending that the area be vacated. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING THE ALLEY ADJACENT TO LOTS 22 AND 23, BLOCK 9, JACKSON'S BROADWAY HEIGHTS. Councilman Weber sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development to the City Manager concerning an encroachment request for 3234 South Elati. The property owner is Mr. Einer R. Burget and he is requesting permission to install a 42-inch chain link fence across the front of his property . The fence will encroach approximately four feet into the public right- of-way. The staff is recommending approval of this request . City Manager McCown pointed out in Director Wanush's memorandum he a ddresses the question of whether these types of requ e sts ar e s i gnificant e nough to take up space on the Council agenda e a ch time a request is made. City Manager McCown stated if the request dealt with a larger structure, then Council would naturally want to review the request. City Manager McCown re- quested direction on whether or not staff should investigate an easier way of handling minor encroachment requests. COUNCILMAN SMITH MOVED TO GRANT THE ENCROACHMENT REQUEST FOR 3234 SOUTH ELATI. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • I • • January 15 , 1979 Page 9 Nays: None. • • The Mayor declared the motion carried. Council instructed City Manager McCown to prepare a re- port on processing minor encroachment requests more timely. * * * * * * BY AUTHORITY ORDINANCE NO. 3 COUNCIL BILL NO. l, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. l, SERIES OF 1979 ON FINAL READING AND INSTRUCTED THE CLERK TO ASSIGN AN ORDINANCE NUMBER TO IT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 3, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY AUTHORIZING AND DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ENTER INTO DIRECT AGREEMENT WITH CERTIFIED EMPLOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTING SAID AGREEMENT BY GENERAL LEGIS- LATION • • I . • January 15, 1979 Page 10 • • • COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 2, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR THE YEAR 1979 BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION; AUTHORIZING AND DIRECTING THE MAYOR AND OTHER PROPER CITY OFFICIALS TO EXECUTE AND ATTEST THE SAME. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a report concerning the civil action suit the City of Sheridan has brought against the City of Englewood relative to amusement tax at the Englewood Municipal Golf Course. The City Attorney recommended the lawsuit be defended. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO DEFEND AND FILE AN IMMEDIATE ANSWER TO THE LAWSUIT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: I • • January l), 1979 Page ll Ayes : Nays : • • • Counc i l Mem b e rs Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None . The Mayor declared the motion carri ed . *;~*•'<** City Attorn ey Be r a rdini reported that the r eq uest fo r a n exte nsion to th e Parking Agreement at Cinderella City has been withdrawn according to l e tters h e received f rom Mr . Von Frellick and Mr . Von Frellick's l eg al counsel, Mr. Singer II . COUNCILMAN SMITH MOVED TO ACCEPT THE LETTERS FROM NEW ENGLEWOOD, LTD. ON E FROM MR. THOMAS SINGER II AND THE OTHER ONE FROM MR . GEH.RI VON FRELLICK . Councilman Clayton seconded the motion . Upon a c al l of the roll, the vote r es u lted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None . Th e Mayor d e cla r e d the mo tion ca rr ied . * * * * * * Mayor Taylor declar e d a recess at 9 :00 p .m. The Council reconvened at 9 :15p.m . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Willi ams , Weber, Smith, Harper, Clayton, Ma nn, Tay lo r. Absent: None . The Mayor declared a quorum present. * * * * ~ * City Manager McCown presented a r es olution esta blish- ing fe es and charges fo r the En glewood Municipal Golf Course . City Manager Mc Co wn stated the r es o lu t ion sets fees i n accordance with the fees discussed at t h e budget ret r eat; how eve r, the r e solut ion needs to b e ame nded req uirin g people who have a mem b er ship fee to pay $0.2 5 p er nin e holes when they re gis ter to play. COUNCI LMAN HARPER MOVED TO AMEND THE RESOLUTION ON GOLF FEES WITH A SENTENCE FO LLOHI NG THE ANNUAL GOLF MEMBERSHIP FEES • I • - 0 • January 15 , 1979 Page 12 • • • WHICH SHALL READ "A FEE OF $0.25 PER NINE HOLES SHALL BE CHARGED AND COLLECTED IN ADDITION TO THE ANNUAL MEMBERSHIP FEES AS STATED ABOVE". Councilman Weber seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes: Nays: Council Members Mann, Williams , Weber, Smith , Harper, Clayton, Taylor. None . The Mayor declared the motion carried. RESOLUTION NO. 3, SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 3, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the budget for 1979. COUNCILMAN MANN MOVED TO RECEIVE THE BUDGET FOR 1979. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None . The Mayor d e clared the motion carried. * * * * * * RESOLUTION NO. 4, SERIES OF 1979 A RESOLUTION AMENDING THE 1979 WATER FUND BUDGET. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • January 15, 1979 Page 13 Ayes: Nays : • • • Council Members Mann, Wi!liams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor decla red the motion carried. * * * * * * RESOLUTION NO. 5, SERIES OF 1979 A RESOLUTION AMENDING THE 1979 GEN~RAL FUND BUDGET COUNCILMAN MANN MOVED TO PASS RESOLUTION NO .5, SERIES OF 1979. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays : C~uncil Members Mann Williams, Weber, Smith, Harper . Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a petition from the State Highway Commission requesting annexation o f a portion of the right- of-way of East Hampden Avenue in the vi cinity of South University Boulevard, Arapahoe County. City Manager McCown submitted the cor- rect map outlining the proposed annexation to r eplace the incorrect one submitted in Council's packet. Mr . McCown stated Englewood's Police Department patrols the area as does the Police Department from Cherry Hills; and problems arise when traffic tickets are issued in this area , in particular, whether the juri sdictional area is Englewood, Cherry Hills or Arapahoe County. Mr . McCown stated he thought similar problems existed along Hampd e n farther west and these areas may need to be annexed also. He requested time to research the matter and make a recommendation to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE MATTER UNTIL FEBRUARY 5, 1979 AND ALLOW TIME FOR THE CITY MANAGER TO RESEARCH THE SUBJECT. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as f ollows: Ayes: Council Hembers Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • January 1 5 , 1 979 Page 14 • • • City Manager McCown presented a memorandum from himself concerning personnel at the Bi-City Plant. City Manager McCown stated Council approved funds in the 1979 budget for ten additional people and directed the hiring to be started in October, 1978. Mr. McCown reported personnel at the plant has been increased by a net gain of five people since October; and operations at the plant have stabilized. The City Manager requested Council's per- mission to maintain the current level of personnel at the plant and refrain from hiring any more people until he feels is it necessary to do so as long as he does not exceed the 1979 budget limitations of ten people. COUNCILMAN CLAYTON MOVED TO RESCIND THE MOTION PASSED LAST OCTOBER TO HIRE TEN EMPLOYEES AT THE BI-CITY WASTEWATER TREATMENT PLANT AND THAT THE CITY MANAGER BE INSTRUCTED TO HIRE AN ADEQUATE LEVEL OF PERSONNEL AS NEEDED AS LONG AS IT DOES NOT EXCEED BUDGET APPROPRIATIONS. Councilman Weber seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE MOTION THAT THE CITY MANAGER DOES NOT EXCEED THE ORIGINAL NUMBER OF 10. Motion died for lack of a second. Councilman Mann stated he preferred the motion be "orded to prohibit the City Manager from exceeding the hiring of ten people because it was important to him a distinction be made between appropriations and number of personnel. Councilman Mann felt it was possible to hire more than ten people and still stay within the budgeted amount. City Manager McCown stated no distinction can be made, the end result is the same. The budget appropriates enough funds for ten additional people and that is the maximum he can hire. Mr. McCown stated the only way he can hire more people would be if Council amended the budget for more people. Councilman Mann expressed his dissatification concern- ing the matter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • • • January 15, 1979 Page 15 • • • City Manag e r McCown r e ported on the status of a proposed communic at ions contract between Englewood and Sheridan fo r the handlin g of police and fire call services for Sherida n. Las t week Sheridan noti f i e d him they we r e discontinuin g th e service f or police calls but still wa nted fire call service. Mr. McCown stated Sh e ridan plans to handl e th ei r own police calls temporarily until perman e nt ar ran geme nts can b e made with Arapahoe County . City Manag e r McCown stated he offered t o e nt e r into a contract wi th Sheridan fo r police c al l services should they b e unsucc e ss f ul with Ar a pahoe County, and the contract wou~d provide fo r r eimb urs eme nt fo r these se rvic es . Mr. McCown stat e d the contract fo r f ir e calls still need s to b e r esolved . Mayor Tayl or queried th e City's pol i c y on handlin g br oke n wate r pipes wh e n a r e sident is not home, pa rt icularly, if h e or she is out-o f -town on a cation a nd ca n not r eport the br eakage . Council- man Mann sta t ed th pipe b e tw ee n th e hou se a n d th e curb cut is the r es ponsi bility of the hom e owner; a nd maybe the liability should lie with th e City. Councilman Mann stated the Water a n d Sewe r Board should consider establishing an em e rg e ncy claus e allowi n g City crews to g o in and repair th e p ipe . Councilman Clayton requested th e City Mana ge r to take Mayor Taylor 's and Councilman Mann's remarks to the Wat e r Depart - ment and report back to the Council the type of actions that can be done . There was no furth r business to be discussed . * COUNCILMAN HILLIAMS MOVED TO ADJOURN. Mayor Taylor ad- journed the meeting without a vot e at 9 :45 p.m. _Cb_ .Ylkei_ ~ 01-~ Jputy City Clerk • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 15, 1979 Th e City Council of the City of Englewood, Arapahoe County, Colorado, met in r egula r session o n Janu ary 15, 1979 . The invocation was given by Reve r e nd William Mantei , Ce ntennial Luthera n Church . The Pledg of Al l egiance was l ed by Mayor Taylor . Mayor Taylor asked for a roll call. Upon a call of the roll, th e fo llowin g we r e present: Council Members Williams, Weber, Smith, Harper, Clayton, Ma nn, Taylor . Abs e n t: None . The Ma yor declared a quorum present. * * * * * * Also p r ese nt were: City Ma n age r McCown Ass ista n t City Man age r Curnes City Attorney Bera rdini Dir ec tor of Utilities Fonda De pu ty City Cle r k Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 2, 1979. Counc ilma n Weber seconded the motion . Upon a c a ll o f th e roll, the vote r es ult e d as f ol -lows: Ay es: Nays : Abstain: Council Members Ma nn, Williams, Weber, Smith, Harper, Clayton. Non e . Council Member Taylor . Th e Mayor declared t h e motion carried . * * ~ * * * COUNCILMAN MANN MOV ED TO AP PROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 8, 19 79 . Coun ci lman Harp er second e d I • • - • • January 15 , 1979 Page 2 • • - the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Mann, \Hlliams, Weber, Smith, Harp e r, Clayton, Taylor. None . The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 2, SERIES OF 1979 A RESOLUTION COMMENDING DAVID ROY WALKER AND HOWARD LLOYD BONE FOR THEIR COURAGEOUS AND LIFE-SAVING ACHIEVEMENT AND FOR THE DESERVED CREDIT THEY HAVE BROUGHT UPON THEMSELVES, THEIR FAMILIES, AND THEIR COMMUNITY. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried . Mayor Taylor presented the plaques and framed resolutions to Mr. Walker, 2799 South Washington1 and Mr. Bone, 4135 South Dela- ware. Mayor Taylor congratulated Mr . Walker and Mr. Bone for their bravery and heroic efforts. Mr. Walker and Mr. Bone thanked Mayor Taylor and Council for this honor. * * * * * * COUNCILMAN MANN MOVED TO PASS A PROCLAMATION DECLARING JANUARY 21-27, 1979 AS "JAYCEE WEEK" IN THE CITY OF ENGLEWOOD. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried • I • • ( • January 15, 1979 Page 3 • • - Mayor Taylor presented Mr. Allen Sherrell, President o f Englewood Jaycees, with the proclamation. Mr. Sherrell thanked Mayor Taylor and the Council for the proclamation and presented the Mayor with the Jaycee creed and pin. * * * * * * Mayor Taylor asked if there wer e any other visitors wishing to be heard at this time. There were no other visitors. * * * * * * "Conmrunications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the special meeting of the Library Board held December 26, 1978 with attached mem orandum concerning servicing of Malley Center. Mi nutes of the Planning and Zoning Com- mission meeting of December 19, 1978. Memorandum from Harriet Lute, Director of Libraries, concerning guidelines f or Englewood Public Library. Councilman Smith discussed (a) and asked the City Manager why a formal library has not been permitted at the Malley Center. City Manager McCown stated there is a small room at the Center which was originally meant for a formal library to be staffed and served by the City's library. However, after the building was built, it was determined that an informal, quiet reading area would be more appealing to the patrons of the Center than a formal library. City Manager McCown stated Ms. Mickelson, the Center's Director, has reiterated that the present set-up is adequate; and if anyone wants to check out books or magazines they are welcomed to do so. All the books and magazines are donated ; and to staff and buy reading material for a formal set-up would be costly. Councilman Clayton stated he felt a formal library could be established with a rotating book system without any additional cost to the City. Councilman Clayton stated the Library Board has stated and is willing to set up a formal library at the Center. City Manager McCown stated the Parks and Recreation staff at the Center feel what they have now is adequate and they have not received any indication from the patrons that a more I • • January 15, 1979 Page 4 • • • elaborate set-up is needed. However, if in the future, a more formal type of library system is needed, the Center will request services from the library. Councilman Clayton discussed (c) and requested that Council take more time to review the proposed guidelines for the public library. COUNCILMAN SMITH MOVED TO POSTPONE (C) UNTIL FEBRUARY 5, 1979 AND THAT THE ITEM APPEAR ON THE STUDY SESSION AGENDA AS WELL AS THE COUNCIL MEETING AGENDA AT THAT TIME. Council- man Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from Mr. Earl Ladewig, Chairman of the Englewood Employees' Retire- ment Board, concerning proposed changes to Chapter 9, Section 38, Title V of the Englewood Municipal Code. The Board recom- mended that Council approve the bill for an ordinance that would change the membership structure of the Board, require all em- ployees applying for disability retirements to appear before the Board, and redine the term full time employee. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 7B, THE BILL FOR AN ORDINANCE IMPLEMENTING THE ABOVEMENTIONED CHANGES. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 4, SERIES OF 1979 INTRODUCED BY COUNCILMAN SMITH I • ( • January 15, 1979 Page 5 A BILL FOR • • • AN ORDINANCE AMENDING CHAPTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE", REQUIRING DISABLED EMPLOYEES TO MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1979 ON FIRST READING AND TO DELETE THE WORDS "IN A POSITION IN THE CLASSIFIED SERVICE." IN 5-9-3 (d). Council- man Mann seconded the motion. Council discussed making membership changes in other boards and commissions. Councilman Williams stated he felt if the make-up of one board is changed then the make-up of all boards should be changed . City Manager McCown stated this subject will be brought to Council's attention sometime in February. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Weber, Smith, Harper, Clayton, Taylor . Nays: Council Member Wi 11 iams. The Mayor declared the motion carried . * "{, * * * * City Manager McCown presented the minutes of the \-later and Sewer Board of December 19, 1978 and requested Director of Utilities Stu Fonda to appear before Council to discuss the Board's recommendations contained in the minutes. Director Fonda appeared before Council and discussed the Board's recommendation that Council approve the Connector's Agreement with the City and County of Denver for sanitary sewer taps in northeast Englewood. COUNCILMAN CLAYTON MOVED TO APPROVE THE CONNECTOR'S AGREEMENT WITH THE CITY AND COUNTY OF DENVER FOR SE\-IER SERVICE. Councilman Harper seconded the motion. Councilman Smith stated he was hesitant about voting on the agreement without first reviewing the contract. Council- man Smith requested the City Manager to provide Council with a copy of the contract before any further action is taken. Councilman Clayton withdrew his motion and Councilman Har~er withdrew his second to the motion . I • • January 15 , 1979 Page 6 • • .. COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO EFFECTUATE THE REQUEST FROM THE WATER AND SEWER BOARD. Councilman Mann seconded the motion. Councilman Smith requested the City Attorney be prepared to discuss the contract at the next study session. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. Director Fonda stated the next recommendation relates to changing 15-3-16 Meter Requirements and 15-3-17 Delinquent Water Bills of the Englewood Municipal Code. Director Fonda proposed a change in 15-3-16 of the Code that would allow the installation of a water meter one size smaller than the pipe. Mr. Fonda's reasons were 1) there would be fewer problems with mechanical parts deteriorating in smaller meters than larger ones; 2) smaller meters are cheaper to replace than to repair; 3) with larger meters errors in measurement of flow can be significant to both the customer and to the utility since under the present system, the utility must request that the customer have his meter tested and, if appropriate, replaced; and 4) the current water rate is designed to include the cost of repair and replacement of the water meters, therefore, to require the customer to bear this cost would be to charge the metered customer twice for the same service. Director Fonda stated the change in 15-3-17 of the Code would make the Code conform to the present policy for collection of water bills as outlined in Resolutions 147 and 148, Series of 1977. Mr. Fonda requested the Code be changed to reflect 1) all bills are due and payble upon receipt of same and become delinquent fifteen (15) days after date of bill; and 2) flat rate bills will be due quarterly in advance and will become delinquent fifteen (15) days after the beginning of the quarter for which they are rendered. Mr. Fonda stated the Code presently states delinquency to be 30 days in both cases. Councilman Clayton stated he was opposed to the request to change the delinquency time to 15 days because there might be some people who need 30 days to render payment. Councilman Clayton stated the City can bend one way or the other and he preferred to • I • ( • January 15, 1979 Page 7 • • • bend towards the side of the customer by guaranteeing them 30 days to make payment. Councilman Clayton felt 30 days would not upset the ultimate timetable anyway because it would probably affect only a few number of customers. Director Fonda stated the notices go out every 15 days and it tends to jog alot of memories because there is usually a large 15-day delinquency list. This cycle keeps the delinquency list to a workable level. It would be more difficult on a 30 day cycle because people would be putting off payment longer. Councilman Smith stated the notices help the City's cash flow and any delay could have a significant impact on it. COUNCILMAN SMITH MOVED TO ACCEPT THE CODE CHANGES RECOM- HENDED BY DIRECTOR OF UTILITIES STU FONDA IN HIS LETTER DATED JANUARY 12, 1979 AND TO DELETE (A) (2) WHICH IS THE CITY PARKS RECOMMENDATION OF THE MEMO AND TO TABLE THIS PART OF HIS MEMO. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for annual renewals of liquor licenses for the following: Fratellis Pizza 1200 E. Hampden Ave. Albertsons 5175 S. Broadway Sizzler Steak House 5151 S. Broadway Hotel/Restaurant Liquor License 3.2 Beer-Retail Liquor License Hotel/Restaurant Liquor License COUNCILMAN WEBER MOVED TO GRANT THE ANNUAL RENEWALS OF LIQUOR LICENSES FOR THE ABOVEMENTIONED BUSINESSES. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. I • • • January 15, 1979 Page 8 • • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission relating to the proposed alley vacation in the alley adjacent to Lots 22 and 23, Block 9, Jack- son's Broadway Heights. City Manager McCown stated the Commission is recommending that the area be vacated. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING THE ALLEY ADJACENT TO LOTS 22 AND 23, BLOCK 9, JACKSON'S BROADWAY HEIGHTS. Councilman Weber sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith , Harper , Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development to the City Manager concerning an encroachment request for 3234 South Elati. The property owner is Mr. Einer R. Burget and he is requesting permission to install a 42-inch chain link fence across the front of his property. The fence will encroach approximately four feet into the public right- of-way. The staff is recommending approval of this request. City Manager McCown pointed out in Director Wanush's memorandum he addresses the question of whether these types of requests are significant enough to take up space on the Council agenda each time a request is made. City Manager McCown stated if the request dealt with a larger structure, then Council would naturally want to review the request. City Manager McCown re- quested direction on whether or not staff should investigate an easier way of handling minor encroachment requests. COUNCILMAN SMITH MOVED TO GRANT THE ENCROACHMENT REQUEST FOR 3234 SOUTH ELATI. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • • I • • ,. c • January 15, 1979 Page 9 Nays: None. • • • The Mayor declared the motion carried. Council instructed City Manager McCown to prepare a re- port on ~rocessin g minor encroachment re4uests more timely . BY AUTHORITY ORDINANCE NO . 3 COUNCIL BILL NO . l, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARP ER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD . COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. l, SERIES OF 1979 ON FINAL READING AND INSTRUCTED THE CLERK TO ASSIGN AN ORDINANCE NUMBER TO IT . Councilman Weber seconded the motion . Upon a call of the roll, the vote r esulted as fol -lows: Ayes: Council Members Ma nn, Williams, Weber, Smith, Harper, Clayton, Taylor. Na y s : None . The Mayor declared the motion carried. *"~<·'·,·,** BY AUTHORITY COUNCIL BILL NO . 3, SERI ES OF 1979 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUtliCIPAL CODE, AS AMENDED, BY AUTHORIZING AND DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWO OD TO ENTER I NTO DIRECT AGREEMENT WITH CERTIFIED El~LOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTING SAID AGREEMENT BY GENERAL LEGIS-LATION . • I • • - • • January 15, 1979 Page 10 • • • COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 3 , SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Hayor declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 2, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR THE YEAR 1979 BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION; AUTHORIZING AND DIRECTING THE MAYOR AND OTHER PROPER CITY OFFICIALS TO EXECUTE AND ATTEST THE SAME. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a report concerning the civil action suit the City of Sheridan has brought against the City of Englewood relative to amusement tax at the Englewood Municipal Golf Course. The City Attorney recommended the lawsuit be defended • COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO DEFEND AND FILE AN IMMEDIATE ANSWER TO THE LAWSUIT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • ( • ( • January 1), 1979 Page ll • • • Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini reported that the request for an extension to the Parking Agreement at Cinderella City has been withdrawn according to letters he received from Mr. Von Frellick and Mr. Von Frellick's legal counsel, Mr. Singer II. COUNCILMAN SMITH MOVED TO ACCEPT THE LETTERS FROM NEW ENGLEWOOD, LTD. ONE FROM MR. THOMAS SINGER II AND THE OTHER ONE FROM MR. GERRI VON FRELLICK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a r ecess at 9 :00 p.m. The Council reconvened at 9 :15p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * City Manager McCown presented a resolution establish- ing fees and charges for the Englewood Municipal Golf Course. City Manager McCown stated the resolution sets fees in accordance with the fees discussed at the budget retreat; however, the resolution needs to be amended requiring people who have a membership fee to pay $0.25 per nine holes when they register to play. COUNCILMAN HARPER MOVED TO AMEND THE RESOLUTION ON GOLF FEES WITH A SENTENCE FOLLOWING THE ANNUAL GOLF MEMBERSHIP FEES • I • • January 15, 1979 Page 12 • • • WHICH SHALL READ "A FEE OF $0.25 PER NINE HOLES SHALL BE CHARGED AND COLLECTED IN ADDITION TO THE ANNUAL MEMBERSHIP FEES AS STATED ABOVE". Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 3, SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 3, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Mann, Willi ams, Weber, Smith, Harper , Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the budget for 1979. COUNCILMAN MANN MOVED TO RECEIVE THE BUDGET FOR 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 4, SERIES OF 1979 A RESOLUTION AMENDING THE 1979 WATER FUND BUDGET. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : • I . - ( • ( • January 15, 1979 Page 13 Ayes: Nays: • • • Council Members Mann, Williams, W~ber, Smith , Hary e r, Clayton, Taylor . None . The Mayor declared the motion carried . RESOLUTION NO . 5, SERIES Of 1979 A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET COUNCILMAN MANN MOVED TO PASS RE SOLUTION NO. 5, SERIES Of 1979. Councilman Clayton seconded the motion . Upo n a call of the roll , the vote r es ult ed as fol lows: Ayes : Nays: Council Members Mann Williams, Weber, Smith, Ha rp e r . Clayton, Taylor . Non e . The Mayor declared th e motion carri ed . City Manager McCow n presented a petition f rom the State Highway Commission r questing an n xation o f a portion of th e ri ght - of -way of East Hampd e n Avenue i n the vici nity of South Univ e rsity Boulevard, Ar apahoe County . City Mana ge r McCown s u bmitted the cor - rect map outlining the proposed annexation to replac e the incorrect one submitted in Council's packet . Mr . McCown stated En g lewood 's Police Departmen t patrols the area as does the Police Department from Cherry Hills; and problems arise wh e n traffic tickets are issued i n this area , in particular, whether the j urisdiction al area is Englewood, Cherry Hills or Arapahoe County . Mr . McCow n stated he thought simila r problems existed along Hampd e n farther west and these areas may need to be annexed also. He requested time to research the matter and make a r e commendation to Council . COUNCILMAN SMITH MOVED TO POSTPONE THE MATTER UNTIL FEBRUARY 5, 1979 AND ALLOW TIME FOR THE CITY MANAGER TO RESEARCH THE SUBJECT . Councilman He ber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Hembers Mann, Hilliams, Web e r, Smith, Harper, Clayton, Taylor • Non • The Mayor declared th e motion carried . * * * * * * I • - • J anuary 15, 1979 Page 14 • • • City Manager McCown presented a memorandum f rom himself concerning personn el at the Bi-City Plant. City Manager McCown stated Council approved fu nds in the 1979 budget fo r ten additional p eople and directed the hiring to be started in October, 1978. Mr. McCown reported personnel at the plant has been increased by a net gain of five people since October ; and operations at the plant have stabilized. The City Manager requested Council's per- mission to maintain the current level of personnel at the plant and refrain from hiring any more people until he feels is it necessary to do so as long as h e does not exceed th e 1979 budget limitations of ten people. COUNCILMAN CLAYTON MOVED TO RESCIND THE MOTION PASSED LAST OCTOBER TO HIRE TEN EMPLOYEES AT THE BI-CITY WASTEWATER TREATMENT PLANT AND THAT THE CITY MANAGER BE INSTRUCTED TO HIRE AN ADEQUATE LEVEL OF PERSONNEL AS NEEDED AS LONG AS IT DOES NOT EXCEED BUDGET APPROPRIATIONS. Councilman Weber seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE MOTION THAT THE CITY MANAGER DOES NOT EXCEED THE ORIGINAL NUMBER OF 10. Motion di e d for lack of a second. Councilman Mann stated he preferred the motion be ~orded to prohibit the City Manager from exceeding the hiring of ten people because it was important to him a distinction be made between appropriations and number of personnel. Councilman Mann felt it was possible to hire more than ten people and still stay within the budgeted amount . City Manager McCown stated no distinction can be made, the end result is the same . The budget appropriates enough funds for ten additional people and that is the maximum he can hire. Mr . McCown stated the only way he can hire more people would be if Council amended the budget for more people. Councilman Mann expressed his dissatification concern-ing the matter . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper , Clayton, Taylor. Nays : Council Member Mann. The Mayor declared the motion carried. * * * * * * I • - 0 • • January 15 , 1979 Page 15 • • • City Manager McCown r e ported on the status of a propo sed communications contract betwee n Englewood and Sh e r idan fo r the handling of police and fire call services for Sheridan. Last week Sheridan notified him they were discontinuing the s ervi ce f or police calls but still wanted fire call service. Mr. McCown stated Sheridan plans to handle their own police calls temporarily until permanent a rrangements can be made with Arapahoe County. City Manager McCown stated he offered to enter into a contract with Sheridan for police call services should they be unsuccessful with Arapahoe County, and the contract wou~d provide for reimbursement for these services. Mr. McCown stated the contract for fire calls still needs to be resolved. * * * * * * Mayor Taylor queried the City's policy on handling broken water pipes when a resident is not horne, particularly, if he or she is out-of-town on vacation and can not report the breakag e . Council- man Mann stated the pip e b e tween the house and the curb cut is the responsibility of the home owner; and maybe the liability should lie with the City. Councilman Mann stated the Water and Sewer Board should consider establishing an emergency clause allowing ( City crews to go in and repair the pipe. c • Councilman Clayton requested the City Manager to take Mayor Taylor's and Councilman Mann's remarks to the Water Depart- ment and report back to the Council the type of actions that can be done. * * ~ * * * There was no further business to be discussed. * * * * * * COUNCILMAN mLLIAMS MOVED TO ADJOURN. Mayor Taylor ad-journed the meeting without a vote at 9 :45 p.m. !k .~~.~-Jr~-· upoty City Clerk • I • ( ( • REGULAR MEETING: • • - COU NCIL CHAMB ERS CITY OF ENGL EWOO D, COLORADO Janu ary 15, 1979 The Ci ty Council o f th e City of Eng lewood , Arapah oe County, Colorado, met in regul ar s e ssion on Januar y 15, 1979 . The invocation was given by Reve r e nd Wi lliam Mantei, Centennial Luthera n Church. The P l edge o f Alleg ianc e was led b y Mayor Taylor. Mayor Taylor ask ed fo r a r o ll call. Upon a call of the roll, the f ollowing we r e present: Council Memb e rs Williams, Weber, Smith, Ha rp er , Clayton, Ma nn, Taylor. Absent : None . The Mayor declared a quorum present. *****..,'( Also present wer e: City Man age r McCown Ass i stant City Manage r Curnes City Attorney Berard in i Dir ec tor o f Utiliti e s Fonda Deput y City Cl e r k Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 2, 1979 . Councilman Weber second e d the motion. Upon a c a ll of th e roll, th e v ote re sulted as fol-lows: Ayes: Nays: Abstain : Council Memb ers Man n , Wi lliams, Weber, Smith, Harp er, Clayton . None. Council Member Taylor. The Mayor declar ed th e motion carried. * * * * * * COUNCILMAN MANN MOVED TO AP PROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 8 , 1979 . Councilman Harper seconded • I • • January 15 , 1979 Page 2 • • • the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Council Members Mann , Williams, Weber, Smith, Harper, Clayton , Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 2, SERIES OF 19 79 A RESOLUTION COMMENDING DAVID ROY WALKER AND HOWARD LLOYD BONE FOR THEIR COURAGEOUS AND LIFE-SAVING ACHIEVEMENT AND FOR THE DESERVED CREDIT THEY HAVE BR OUGHT UPON THEMSELVES , THEIR FAMILIES , AND THEIR COMMUNITY. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Mann , Williams. Weber, Sm ith, Harper , Clayton , Taylor. None. The Mayor declared the motion carried. Mayor Taylor presented the plaques and framed resolutions to Mr. Walker, 2799 South WashingtonJand Mr. Bone, 4135 South Dela- ware. Mayor Taylor congratulated Mr. Walker and Mr. Bone for their bravery and heroic efforts . Mr . Walker and Mr . Bone thanked Mayor Taylor and Counc il for this honor. * * * * * * COUNCILMAN MANN MOVED TO PASS A PROCLAMATION DECLARING JANUARY 21-27, 1979 AS "JAYCEE WEEK" IN THE CITY OF ENGLEWOOD. Councilman Smith seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann , Williams, Weber, Smith, Harper, Clayton , Taylor. None. The Mayor declared the motion carried • • I • • (_ ( • January 15 , 1 9 79 Pag e 3 • • - Mayor Taylor presented Mr. All e n Sh e rr e ll, President o f Englewood Jaycees, with the proclamation. Mr . Sherr e ll thanked Mayor Taylor and the Council for the proclamation and presented the Mayor with the Jaycee cre e d and pin. * * * * * * Mayor Taylor asked if there we re any other visitors wishing to be heard at this time. There were no other visitors . * * * * * * "Communications -No Action Recomm ended" on the agenda were received: (a) (b) (c) Minutes of the special meeting of the Library Board held December 26, 1978 with attached me morandum concerning servicing of Malley Center. Minutes of the Planning and Zoning Com- mission meeting of December 19, 1978. Memorandum from Harriet Lute , Director o f Libraries, concerning guidelines for Englewood Public Library. Councilman Smith discussed (a) and asked the City Ma n ager why a formal library has not been permitted at the Malley Cent er. City Manager McCown stated there is a small room at the Center which was originally meant for a formal library to be staffed and served by the City's library. However, after the building was built, it was determined that an informal, quiet reading area would be more appealing to the patrons of the Center than a formal library. City Manager McCown stated Ms. Mickelson, the Center's Director, has reiterated that the present set-up is adequate ; and if anyone wants to check out books or magazines they are welcomed to do so. All the books and magazines are donated; and to staff and buy reading material for a formal set-up would be costly. Councilman Clayton stated he felt a formal library could be established with a rotating book system without any additional cost to the City. Counc i l man Clayton stated the Library Board has stated and is willing to set up a formal library at the Center. City Manager McCown stated the Parks and Recreation staff at the Center feel what t hey have now is adequate and they have not received any indication from the patrons that a more • I • • n • January 15, 1979 Page 4 • • .. elaborate set-up is needed. However, if in the future, a more formal type of library system is needed, the Center will request services from the library. Councilman Clayton discussed (c) and requested that Council take more time to review the proposed guidelines for the public library. COUNCILMAN SMITH MOVED TO POSTPONE (C) UNTIL FEBRUARY 5, 1979 AND THAT THE ITEM APPEAR ON THE STUDY SESSION AGENDA AS WELL AS THE COUNCIL MEETING AGENDA AT THAT TIME. Counci l - man Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from Mr. Earl Ladewig , Chairman of the Englewood Employees' Retire- ment Board, concerning proposed changes to Chapter 9, Section 38 , Title V of the Englewood Municipal Code. The Board recom- mended that Council approve the bill f or an ordinance that would change the membership structure of the Board , require all em- ployees applying for disability retirements to appear before the Board, and redine the term full time employee. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 7B, THE BILL FOR AN ORDINANCE IMPLEMENTIN G THE ABOVEMENTIONED CHANGES. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 4, SERIES OF 1979 INTR OD UCED BY COUNCILMAN SMITH • I • • ( ( • January 15, 1979 Page 5 A BILL FOR • • - AN ORDINANCE AMENDING CHAPTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PL AN , REDEFINING THE TERM "EMPLOYEE", REQUIRING DISABLED EMPLOYEES TO MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1979 ON FIRST READING AND TO DELETE THE WORDS "IN A POSITION IN THE CLASSIFIED SERVICE." IN 5-9-3 (d). Council- man Mann seconded the motion. Council discussed making membership changes in other boards and commissions. Councilman Williams stated he felt if the make-up of one board is chang~d then the make-up of all boards should be changed. City Manager McCown stated this subject will be brought to Council's attention sometime in February. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Weber, Smith, Harper, Clayton, Taylor . Nays: Council Member Williams . The Mayor declared the motion carried. * i( * * * * City Manager McCown presented the minutes of the \.Jater and Sewer Board of December 19, 1978 and requested Director of Utilities Stu Fonda to appear before Council to discuss the Board's recommendations contained in the minutes . Director Fonda appeared before Council and discussed the Board's recommendation that Council approve the Connector's Agreement with the City and County of Denver for sanitary sewer taps in northeast Englewood. COUNCILMAN CLAYTON MOVED TO APPROVE THE CONNECTOR'S AGREEMENT WITH THE CITY AND COUNTY OF DENVER FOR SEHER SERVICE. Councilman Harper seconded the motion. Councilman Smith stated h e was hesitant about voting on the agreement without first reviewing the contract . Council- man Smith requested the City Manager to provide Council with a copy of the contract before any further action is taken. Councilman Clayton withdrew his motion and Councilman Harver withdrew his second to the motion . I • January 15 , 1979 Page 6 • • .. COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO EFFECTUATE THE REQUEST FROM THE WATER AND SEWER BOARD. Councilman Mann seconded the motion. Councilman Smith requested the City Attorney be prepared to discuss the contract at the next study session. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. Director Fonda stated the next recommendation relates to changing 15-3-16 Meter Requirements and 15-3-17 Delinquent Water Bills of the Englewood Municipal Code. Director Fonda proposed a change in 15-3-16 of the Code that would allow the installation of a water meter one size smaller than the pipe. Mr. Fonda's reasons were 1) there would be fewer problems with mechanical parts deteriorating in smaller meters than larger ones; 2) smaller meters are cheaper to replace than to repair; 3) with larger meters errors in measurement of flow can be significant to both the customer and to the utility since under the present system, the utility must request that the customer have his meter tested and, if appropriate, replaced; and 4) the current water rate is designed to include the cost of repair and replacement of the water meters, therefore, to require the customer to bear this cost would be to charge the metered customer twice for the same service. Director Fonda stated the change in 15-3-17 of the Code would make the Code conform to the present policy for collection of water bills as outlined in Resolutions 147 and 148, Series of 1977. Mr. Fonda requested the Code be changed to reflect 1) all bills are due and payble upon receipt of same and become delinquent fifteen (15) days after date of bill; and 2) flat rate bills will be due quarterly in advance and will become delinquent fifteen (1 5) days after the beginning of the quarter for which they are rendered. Mr. Fonda stated the Code presently states delinquency to be 30 days in both cases. Councilman Clayton stated he was opposed to the request to change the delinquency time to 15 days because there might be some people who need 30 days to render payment. Councilman Clayton stated the City can bend one way or the other and he preferred to • I • ( ( ( • January 15, 1979 Page 7 • • • bend towards the side of the customer by guaranteeing them 30 days to make payment. Councilman Clayton felt 30 days would not upset the ultimate timetable anyway because it would probably affect only a few number of customers. Director Fonda stated the notices go out every 15 days and it tends to jog alot of memories because there is usually a large 15-day delinquency list. This cycle keeps the delinquency list to a workable level. It would be more difficult on a 30 day cycle because people would be putting off payment longer. Councilman Smith stated the notices help the City's cash flow and any delay could have a significant impact on it. COUNCILMAN SMITH MOVED TO ACCEPT THE CODE CHANGES RECOM- MENDED BY DIRECTOR OF UTILITIES STU FONDA IN HIS LETTER DATED JANUARY 12, 1979 AND TO DELETE (A) (2) WHICH IS THE CITY PARKS RECOMMENDATION OF THE MEMO AND TO TABLE THIS PART OF HIS MEMO. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for annual renewals of liquor licenses for the following: Fratellis Pizza 1200 E. Hampden Ave. Albertsons 5175 S. Broadway Sizzler Steak House 5151 S. Broadway Hotel/Restaurant Liquor License 3.2 Beer-Retail Liquor License Hotel/Restaurant Liquor License COUNCILMAN WEBER MOVED TO GRANT THE ANNUAL RENEWALS OF LIQUOR LICENSES FOR THE ABOVEMENTIONED BUSINESSES. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. • I • • • January 15, 1979 Page 8 • • .. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission relating to the proposed alley vacation in the alley adjacent to Lots 22 and 23, Block 9, Jack- son's Broadway Heights. City Manager McCown stated the Commission is recommending that the area be vacated. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING THE ALLEY ADJACENT TO LOTS 22 AND 23, BLOCK 9, JACKSON'S BROADWAY HEIGHTS. Councilman Weber sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development to the City Manager concerning an encroachment request for 3234 South Elati. The property owner is Mr. Einer R. Burget and he is requesting permission to install a 42-inch chain link fence across the front of his property. The fence will encroach approximately four feet into the public right- of-way. The staff is recommending approval of this request. City Manager McCown pointed out in Director Wanush's memorandum he addresses the question of whether these types of requests are significant enough to take up space on the Council agenda each time a request is made. City Manager McCown stated if the request dealt with a larger structure, then Council would naturally want to review the request. City Manager McCown re- quested direction on whether or not staff should investigate an easier way of handling minor encroachment requests. COUNCILMAN SMITH MOVED TO GRANT THE ENCROACHMENT REQUEST FOR 3234 SOUTH ELATI. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • I • • ( ( • • • • January 15, 1979 Page 9 Nays : None. The Mayor declared the motion carried. Council instructed City Manager McCown to prepar e a r e - port on proce:;sing minor encroachment re4.uest s more time l y . * * * * * * BY AUTHORITY ORDINANCE NO. 3 COUNCIL BILL NO. l, SERIES OF 1 979 INTRODUCED BY COUNCILMAN HARP ER AN ORDINANCE APPROVING AN AGREEMENT BETWEE N THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. l, SERIES OF 1979 ON FINAL READING AND INSTRUCTED THE CLERK TO ASSIGN AN ORDINANCE NUMBER TO IT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays : Council Members Mann, Williams , Weber, Smith, Harper, Clayton, Taylor. None . The Mayor declared the motion carried. * * * * * * BY AUTHORITY COUNCI L BILL NO. 3 , SERI~S OF 1979 I NTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY AUTHORIZING AND DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ENTER INTO DIRECT AGREEMENT WITH CERTIFIED EMPLOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTING SAID AGREEMENT BY GENERAL LEGIS- LATION • • I • • • January 15, 1979 Page 10 • • • COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried, * * * * * * BY AUTHORITY COUNCIL BILL NO. 2, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR THE YEAR 1979 BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION; AUTHORIZING AND DIRECTING THE MAYOR AND OTHER PROPER CITY OFFICIALS TO EXECUTE AND ATTEST THE SAME. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1979 ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a report concerning the c ivi l action suit the City of Sheridan has brought against the City of Englewood relative to amusement tax at the Englewood Municipal Golf Course. The City Attorney recommended the lawsuit be defended. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO DEFEND AND FILE AN IMMEDIATE ANSWER TO THE LAWSUIT. Councilman Weber seconded the motion. Upon a call of the roll, t he vote resulted as follows: I • • ( ( • January l~, 1979 Page ll Ayes : Nays: • • • Council Members Mann, Williams, Weber, Smith, Harper, Clay ton, Taylor . None. The Mayor decla red the motion carried. *•k**** City Attorney Berardini reported that the r eq uest for an extension to the Parking Agreement at Cinderella City has been withdrawn according to letters he rece ived f rom Mr . Von Frellick and Mr . Von Frellick's legal counsel, Mr . Singer II. COUNCILMAN SMITH MOVED TO ACCEPT THE LETTERS FROM NEW ENGLEWOO D, LTD. ONE FROM MR. THOMAS .SINGER II AND THE OTHER ONE FROM MR . GERRI VON FRELLICK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote r esulted as fo llows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried . *i<**** Mayor Taylor declared a rec ess at 9 :00 p.m. The Council reconvened at 9:15p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * City Manager McCown presented a resolution establish- ing fees and charges for the Englewood Municipal Golf Course. City Manager McCown stated the resolution sets fe es in accordance with the fees discussed at the budget retreat ; however, the resolution needs to be amended requiring people who have a membership fee to pay $0.25 per nine holes when they register to play. COUNCILMAN HARPER MOVED TO AMEND THE RESOLUTION ON GOLF FEES WITH A SENTENCE FOLLOWING THE ANNUAL GOLF MEMBERSHIP fEES • I • • • January 15, 1979 Page 12 • • • WHICH SHALL READ "A FEE OF $0.25 PER NINE HOLES SHALL BE CHARGED AND COLLECTED IN ADDITION TO THE ANNUAL MEMBERSHIP FEES AS STATED ABOVE". Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes: Nays: Council Members Mann, Williams, Weber, Smith , Harper , Clayton, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 3, SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 3, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams , Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the budget for 1979. COUNCILMAN MANN MOVED TO RECEIVE THE BUDGET FOR 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 4 , SERIES OF 1979 A RESOLUTION AMENDING THE 1979 WATER FUND BUDGET. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • c • January 15 , 1 97 9 Pa ge 13 Ay e s : Nays : • • • Council Me mbers Mann, Wil l i ams , Webe r, Smith, Har pe r, Clayton, Taylo r . Non e . The May or de clar e d th e motion carr ied . ***•k*"'k RESOLUTION NO . 5, SERIES OF 1979 A RESOLUTION AMENDING THE 1 9 79 GEN!::RAL FUND BUDG ET COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 5 , SERI ES OF 1979. Councilman Clayton seconded the motion. Upon a call o f the roll, the vot e resulted as follows: Ayes : Nays : Co uncil Members Mann Will i a ms , Webe r, Smith , Harper , Cla y ton , Ta y lor . None . Th e Ma y or declar e d the motion c a rr ied. * * * * * * City Mana ge r McCown pres e nt ed a p t1t1on f r om the St a t e Highway Commission r e qu e sting anne x ation o f a p o r tion o f t he rig ht- of-way of East Hampd e n Avenu e i n the vi c i n ity of South Un ive rsity Boulevard, Arapahoe Co un t y. City Mana ge r Mc Cown submitted t h e cor- rect map outlining the propos e d annexa t ion to replace the i ncorr e ct one submitted in Council's p ac ket . Mr. McCow n stat d En glewood's Police Department patrols the area as does t he P o li c e Dep art me nt from Cherry Hills ; and probl e ms aris e wh e n t r affi c tick et s a re issued in this area , in particular, wheth e r the j uris d ic t ional area is En g lewood, Cherry Hills or Arapahoe Co unty. Mr. McCown stated he thought similar problems existed alon g Hampd e n fa rt h er west and these areas may ne e d to be annexed als o . He r eq u e s ted t i me to research th e matt e r and ma k e a r e comm e ndation to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE MATTER UNTIL FEBRUARY 5, 1979 AND ALLOW TIME FOR THE CITY MANAGER TO RESEARCH THE SUBJECT. Councilman Weber seconded the motion. Upon a call o f th e roll , the vot e r e sulted as f ollows: Ayes : Nays: Council 1'1embers Mann, Williams. Web e r, Smith, Harper , Clayton, Taylor. None. The Mayor declared th e motion carried. * * * * * * • I • l - • January 15, 1979 Page 14 •' • • • City Manager McCown presented a memorandum from himself concerning personnel at the Bi-City Plant. City Manager McCown stated Council approved funds in the 1979 budget for ten additional people and directed the hiring to be started in October, 1978. Mr. McCown reported personnel at the plant has been increased by a net gain of five people since October; and operations at the plant have stabilized. The City Manager requested Council's per- mission to maintain the current level of personnel at the plant and refrain from hiring any more people until he feels is it necessary to do so as long as he does not exceed the 1979 budget limitations of ten people. COUNCILMAN CLAYTON MOVED TO RESCIND THE MOTION PASSED LAST OCTOBER TO HIRE TEN EMPLOYEES AT THE BI-CITY WASTEWATER TREATMENT PLANT AND THAT THE CITY MANAGER BE INSTRUCTED TO HIRE AN ADEQUATE LEVEL OF PERSONNEL AS NEEDED AS LONG AS IT DOES NOT EXCEED BUDGET APPROPRIATIONS. Councilman Weber seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE MOTION THAT THE CITY MANAGER DOES NOT EXCEED THE ORIGINAL NUMBER OF 10. Motion died for lack of a second. Councilman Mann stated he preferred the motion be ~orded to prohibit the City Manager from exceeding the hiring of ten people because it was important to him a distinction be made between appropriations and number of personnel. Councilman Mann felt it was possible to hire more than ten people and still stay within the budgeted amount. City Manager McCown stated no distinction can be made, the end result is the same. The budget appropriates enough funds f or ten additional people and that is the maximum he can hire. Mr. McCown stated the only way he can hire more people would be if Council amended the budget for more people. Councilman Mann expressed his dissatification concern-ing the mat ter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • ( • January 15, 1979 Page 15 • • • City Manager Mcr.own r e ported on the status of a proposed communications contract betwe e n Engl e wood and Sheridan fo r the handling of police and fire call services for Sheridan. Last week Sheridan notified him they were discontinuing the service f or police calls but still wanted fire call service. Mr. McCown stated Sheridan plans to handle their own police calls t emporarily until permanent arrangements can be made with Arapahoe County. City Manager McCown stated he offered to enter into a contract with Sheridan for police call services should they be unsuccessful with Arapahoe County, and the contract would provide for reimbursement for these services. Mr. McCown stated the contract for fire calls still needs to be resolved . **;'(•k** Mayor Taylor queried the City's policy on handling broken water pipes wh e n a r es ident is not horne, particularly, if he or she is out-of-town on va cation and can not report the breakage. Council- man Mann stated the pipe b e twe e n the hous e and the curb cut is the responsibility o f the home owner; and maybe the liability should lie with the Cit y . Councilman Ma nn stated the Water and Sewer Board should consider establishing an emergency clause allowing City crews to go in and r epair the pipe. Councilman Clayton requested the City Manager to take Mayor Taylor's and Councilman Ma nn's re marks to the Water Depart- ment and report back to the Council the type of actions that can be done . There was no further business to be discussed. COUNCILMAN ~liLLIAMS MOVED TO ADJOURN. Mayor Taylor ad- j ourn ed the meeting without a vote at 9 :45 p.m. Jk .. Y1k~.~-0r~--·· Uputy City Clerk • I • - • • • • ROLL CALL Moved Sec~nded ----+---4T_Wi!_!'..:_' .!.·~ ~-l_·-_--·r Ave.,-:..:.:Na~v--A~b!:s~ta~f.!!n...,._..J.A~b~se~n!!t __ 1 • • r r.-., 1 ' WPhPr ·--·----r--+----+-----J j---Jr---~~m~,,~t·~~·-- r-----+-----~~Hatr~o~~---~--~---~----~~------1 j----Jr-----4-~Cl~a~yltgon ----r---t---~-----~------__j r---,r-----~~Ma~nn 1 ~--~---L-,.,:!:!'a~.~9!._1!Y_·5Q--t--+-----l-----_J m{U) /(J-y :u ,u_ A (_ cU/X_ U c]u 1. 'J'U'o )j_,t 1_~ z h·~~ ~/)L t:1 ~ • I . • - • • H ed S d d OY ec~n e ve ay s a n sen Wi f'f?r.--~--~-~T ~ I ...weber '-~mt_t r, ---.l L-- ~ftl:.-I t,.,..-- Cl~ton .1~-Man~ ' t---Ma.~?!:._~_.::d_ t.-- A Ab t N Ab t 1 !6- I . • • • • • • Hoved ~~~~--~-----4-~s~~~~~~~~·--_1~-~~~~--4--------+---------t Jiaro~ ·---' v--~-----+------+-~Cl~a:-Kyton I v 1------t'-----t-T.Ma::=nn.__ c,t.:_ ___ ! Jc:...__ ··--+--.,.----+-=:---! '-------'-----~-M-=-''a.~~~~?!:_..l_-:.llii_,....._ _ __,_ __ ....:t.-'----........ _~-=---·--__. I . • • - RO Ll CALL Hoved Sec:~nded Ave Nay Abstain Absent Wi f'1 ?r:~----T-z:::.: 0 ~,.-;:------~ Smtt r, --v L--flaro!!!:_ L--Clavton ,__ ~ Man ~ i----1::::: ~a.~~..c-~_.:u v: . lh I . . • • - • • Moved Sec d d ~n eo I W'f lT<--~·---· ~ ~ Nay Abstain Absent ' ,t'rr ., [ V 1 WAhor -· · L.-- sm r, _ l L.-- Harott_ 1 L- v Clavton 1 L.-- Mal)~~ i t/ lfa .~~~-·}U ..;:'. .!_£~~ ,-- (/JtrZL!a 2 ~JJ;,);4 "1-Zi tJI -0 · a;ru .v U.(l.-<-.) 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Lx' YL '-' .'/ 1~ -1-V /~ "b 11 J L ) ( 2 ) ;4 1-(. d IU I <.._., I . • • • - • • • • ROLL CALL -- Moved Sec~ndt>d I Wi f't?r.--;---_T __ A.....ove~-'N"-=a"T v-!!A!!:bs~ta~f!!.n .-~A~bs!!enrut~...., 1 WPhPr -------~-+---+-------J ~m1 r, 1 j-----+-----~~H~alr~o·~ ---~,----t---+------~--------1 Clavton=~rlir---t------1------~ ~----~----~~~~nn , I U ~-':--j'--t----t------l .._ ____ ..~__ ____ __J__ ..,~.a .\I.~.!:.~Y.-·.?U --~~----L---~ c.{ "0 ~U--1--C!A1. !. ? l u_/ , J I '-!faa pU M ;UuJ ~ ~ 7 ..v.-1 V.. -~U:tj /~ ~ ,/)1 IJ J~ -~ j))c_ U U'/( __. \... v. d ~ (.,A./-/l -6-/. _;) i_ f'a_~P • .. ;r&, & & if-r ;e ;;o-r :;5. I . • • • • ROLL CALL s d OYed ec ~>n ed ve N~ sta n sent j_ Wi f'f?r.--:;-~_ -~T~ ~ ' ..weber v--.fL_ _51Tl_!1r, _____ l . .i.e= ...I:!Amt:r_ I ..!:::::::::::_ Cl~ton ~ _[ --Ma;~~ l v--Ma_~'-'!.-~.Y._.~, U ..!:::::::._ A Ab Ab I . • • • • t~O L L CALL H ed S d d OY ec~n e ve i!l. s a n sen wil'~~~ ~T L-- ' .Jie.ber t.-- A N Ab t f Ab t ~"!.!.¥· l. L---...111m«.._ 1 1--- ..L= Cla1_ton .l t--...1:::::::_ Ham· ~ '--2!_a y or .a y_._~u ~ ;b I . . • • • ,. • Moved Sec~ndt-d I Wif'f?""i:-"":;--_TAve . .--'iN~ay~_:A~b:.::...s t~a.!!fn,_..!.A~b.!!sP:!!.nt!:....__ ' w .. h .. r ------1 v---:;::.=t-~V t-----+------l 1 I:J. . . . r I . l-t u 7 ? c__J) • cZt ~#-~ -CI~~, ~ /J'IW-~< 7 an ~~ C-;~ /J'UUA4-d-~ ~ c~ A7U2.-. • I . • • -• • Moved Sec d d 'ln l" I I WP-," -·-·· -T AVf!_ Nay Abstain • I ?r..) Abs@nt I WAhAr' ----·- :>mrtr, -J ~ H111rn~ ~ I Clavton I Mann 1 "ll'a Y.C!!..~.J.:.? U.. 06 ~~ c_?-t•' ,; "'-' C2 /J"u , ~ Luj,.-._._i Cv11 • ---------~' v a;w_I..LU.__}-I~~ I . • • • • • ,. • Tfi'r.-~·----~ av Absta fn Absent -Av N (...--t r, -J2 -·n~ v-'Vi on /../ n ! t,_...---·' ~-·-1!:_L V" -------- I . • • • - • • RO LL CALL Heel S dd ov ec()n e ve Na.y Abstain Absent _l Wi 1 , ~ 1'~.;;---T~ 0 Jll~bPr A -~mltr, _HnD!U:__ Clayton - Mann .. l _!ta ~~!.~~.r~r ·I ~ A (.. r;) 1 t>--J ~ --<'L-~ C!ALt1rl£ n di e I 'i '"! W'L ,.st- d-u{ ;5 ~r/lft-A~oSo~. I . • • • • .. • Moved s ec'Jndt>d T Wil'~?r.:; _T Ave Nav Abstain Absent I w~. -· -·-_y v sm {/ (I l v Haroltl:._ -i v Clavton 1,.-- IV Mann 1 ~ lr.~or -~-·~~.cl v 'f'n /. ;, "-v. "u:h _i'lTI ~ /0C );lkt /6-~ c&& -vlf"u ~ • I . • • -• • Moved Sec()nded _ Ave Nav f Wi1, i l'r.-~ ----~ ~t~7r~:::.t..I...!.A~b.:.,cst~a2.!1n~_2.A~bs~e~n1_t -..... I ~.. ----~J ~'----~r--~----+-------1 SmT r, ~ t---+-_.Lt:;::o---::.._4-jjH!WJaro'tt. ---~-~L~::+--t----+----1 c1avton ~../"'" • I . • • • • • Moved Sec~nd d l' r Wi ,-,.;,--~----·r Ave Nav Absta fn Absent I ,?r.., y v I lolA""~ -----·v-v ;)m1tr. 1 v- Harn~ -' v- Clavtori 1 1.../ Man~ i J..../ Ma.v ~!.~.Y. .. :u ~ 6f ,.,d<. { ILL a ex~ ;i! /c q I . . • • -Hoved s 1--~---~ I • • • • ec:~nde-d T Wi ,-,. ----· Ave .... ~:; ~ I WA-~r ------ !lmltr, L-- Haroo ----.l v-- ~ ~ IV Clayton 1 ~ Ma~ 'v--lT.a_y~~--~U ..kZ ;ii! I fl7' tz tk d Nay • Absta 1n Absent - -- - I . • -• • Moved s d ec'ln pd I Wi ,-1.:---.---· Ave Nav Abstain Absent ',?r.:., ,-- I ~4~ -·-·-- :imftr. ----.l Harott_ ! Clavton Mann .. L ~o,. ra ~r?u I . • • • • • • H ed S dd OY ec~n e ve a_y s Ill n sen J Wi 1 , f?r.-;·-~~J v 1-'Jeher v- 2"!.!!!· -l v-..1.:.: .J:iii:Il.tt... J .Jc-Cla_yton I v-Man~---1 v-_Ma.~~~:.?U ~ A N Ab t f Ab t 1~ ) (!J ft I t'r--'J _,_ " u /U--e - rC\ z_d-. u dtJ . I . • • • • • t10LL CALL H ed S d d OY ec~m t' ve ay sta n sen Wi f'~ i'r.-:;---T~ ' w .. ~-----;...--c...--smnr. ---I ._...;..: Haro~ I -z::: Clavton T ,____ '-"" Ha~~ l L--1T~~.Y.:_~Q v A N Ab Ab t I . • • • • • H ed S d d A N Ab t 1 Ab t ov ec:m e ve ~ s a n sen j_ Wfl'~?r.--:-,--:-T~ I ..webe.r:_ L-- ..!::::::._ ~"!.!.!_r. -.1 L-- 11An!tt__ I L-- Clc!l_ton l v-~ Mann ;:r:.., __ t ~ _!!a:~~r T~-'-'U ~ I . . • • • • Moved Sec~ d d n l' __ T Ai_.e T wll, t r i.~-Nav Absta fn Absent J/"' ' w .. n~r t.-mltr, 1 L--- Ht\rDitl:.._ -! L-- Clayton I '-- I I Man~ : t..---I P.a _y or a y __ :U,_ v- ?)C /o-u~ 0n Sfu &Gd~ <..(? tf & 'j~ il/7 t:i/JY\ (} ff /LfCAI~L/))U!~ ~ (/~ C4A-<-- s;h cb u,lch__~. I . • • • - • • Moved s d l ec~n ed I r win•?,..-.----r~ Nay Abstain I I , ") ...___ Absent 1 lola!.~----·-- '--' :>mft'!. ~ H~tt._ -L.-- 4,..---Clavion 1-- Man~ , ,!:::: "Y.a ~~!.-'!Y._ ~,-d_ ~--< ~L#F~~r ,eu •·~ ~ uc~~u J ~cz ,,c-o , ?tfY>/ Jlwl)~ cT !/t'Y) d~ J I . • • • • • - • • Hoved S d d ec~n P ve ~ s a n SPn j_ Wil'frr.-;·---~ A N Ab t f Ab t ·~ ~"2!.!!· .. l ..Hll'D!t!:_ I Cl~ton J. Mann · ~ayor 3 J:d • I . • • • • • • Hoed s d d v ec'Jn e ve ~ s a n Sl!n Wi 1, 1 ?r.-:;·-~-~T ~ ' ..webl!r t-- A N Ab t f Ab t ~m1_tr, _____ l v-- ....l:iin!.tt _ ! v- Cl~ton .u-Mann ..':--!-___ l t..--~a.YC?!.l~J'.l.?U~ I . . • • • • • • ROLL CALL -- e WP," -:·---__ 1 Ave I ,?r.-, y c.-' WPb;; -·-(..--" .v Smt t r, j_ v- Haroe.r.__ • -' t-- Clavton 1 v- ~"~---.1 v-a.~~.!:.-~-·-~.!:_.1_ ..!::::::'_ {( --n --{l..d "Y I V •Li '7 ,~0 ;1 c if?/ Nav • Abstain Abs@nt I . . • • • M ed S d d ov ec~n e ve ~ s a n sen wi 1' f rr.--;·-~-~J v-v--·~ ........-- A N Ab t 1 Ab t ~~~.!Y· ---v J::::::::: ...f:W::I2.ftl'_ v-- Cl~ton .1::::::..._ Ma;~~-~~ .!1_a.~9.!:.2L· .. ~u v • I . . • • • • • ROLL CALL "'eel s dd ov ec~>n e ve Nav stafn sent T Wil'~?r.-~ =-~T-v-'w~ L--./ --s-mwr, --TL..- Harntt_ ! .......- Clayton T v-[7 Man~ 1 ,___._.-~a~~~_.:u v- A Ab Ab • • I . • • • • • • RO LL CALL Moved S d d ec'Jn E' ve i!.l_ n wi 1' ~ i'r.-~--=-~-~-l ~ ' ....lel:le.r v A N Absta1 Absent ~~(, .. ___ l ~ t.--Jii!:Q.e.r_ ! L--..Je:::::... Cl~ton 1 .....--Ma~'Tfa: ! v--_!'i__a.~~.!:.~B:u ......-- • I . • • - • • H d S d d A ove ec~n l' ve i!Y sta n sent Wi f'~ ?rr.~;--~ .~T 1.-- I .W!!bPr ~ N Ab Ab ~Jl!!!r. R----· v---- -':lArD~-1.--_y---Clayton !../"" v Mann __ .!__/,/ _!la.~~!_~_._: !:_!_ ~ I . • • - • • Moved Sec~ d d n e I Wil'~?,_:;---~Az;_ Nay Absta1n Absent v--I IJ<>h<>---·-v v ~m ttr. l v------Harott I /_,;- Clavton I v Ma~~ l v-Ma.v~~ ... ~u v--· I . • • • - • ,· • i10 LL CALL Moved s r e c~nde d 1 io/il'~?r:"~ -·~ Ave Nav Abstain ---l --·~r Absent -s-m1 t r, HAro ~ Clavton -. I l I Mann , I.:Y!!.Y.~r ra Y.)~:u I I :1 I . • • • • • • RO LL CALL Moved Sec~ d d n e I Wi;-...---~-----· Ave Nay Abstain Absent o o?!r ., I t.-' v-0 -w~b;~----·-· · 1,....-- smftro .. l v-, __ Haro~ ---·! t--- Clavton , v-- Mann • "Y.!Y.or Ta..Y.)_:u ,;...---- L-- I . • • • • • Moved s c d -e ~n ed I Wi ,-,.~---:.----A v ~-Nay Abstafn Absent I r?-1'"'",\ r- ' lol<>l><>r ---- """S'"niiTr, -.Haroer ---- (._...---Clavton I Mann I Pfa_~9..':. Ta.r.)_::.u_- c~~J-- rh /)wJ ~ dL ;:~v (YU'-- ciu~ • I . • • ./ • • • • ~=~Ho_:..:.v~ed~+rl_=::s_e~c_~~-"!!:!!d_e~d_-,.L_,J!W"Tn~-,rrr.~-----T :Av_e!...;..:.Na=.v,....!A~b~st:.!!..a1!!!n-,-~A~bs!!en~t:.___ r----+---+-~-·he.r:., -----~---r---t---+-----1 --s-ml'tr, l r---+---~Jj.AJ Ha•rCQn~ ----~1 -~-+--~~-===:~ clavtori 1 • J;L}/U_ ,b ?h /JU ~(Y"J_ cz ,,~ ;b{ftL J'~ C MY.J fu ~?£ .,_ 'll._f cL. j[/L.e-y au...- -U/~(1~k Gu :J • I . • - • • • • • Moved Sec~nded I w·lT<----_l Ave Nay Abstain Absent ,, l?r.--., 1 W<>h<>r ---- ..lmlt r, l ..Hllo~--! Clayton I Mann I . P.a.~~..c_ r a 1:):u- ·Jut_,_)~ ~r;' 4 oW~ ~ rr 8ua1W cr (J~0u_~ 12m~ '-UJ--i< . J cu:r '-U~ ! . --- )J,a)L1\..-w~ s ;'3-n · U<.....-1 >L Y>~._~ '--..L0-vl.L '-t? I L<J_ c_}!_~ Qt 7/ {a 6§69 ~lu ~-<-> _ ~ ~ /_/)~_.; • I . • 7 :30 P .M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 15, 1979 ' 1J - Call to order, invocation by Rev . Willi1m Mantei , Centennial Lutheran Church, 3595 W. Belleview, pledge of allegiance by ~ey Scant Troop #92 and roll call. /17J(fu Minutes (a) Minutes of the regular meeting of January 2. 1979 . (Copies enclosed.) OJ! u .<: u...rtv,"l (b) Minutes of the Public Hearing held January 8, 1979 . (Copies 2. enclosed.) Pre-Scheduled Visitors. David Roy Walker , 2799 South Washington, and Howard Lloyd Bone, 4135 South Delaware,will be present to accept plaque and resolution from members of Council. (Copies enclosed.) (b) A~len Sherrell, President of Englewood Jaycees , wLll be present to accept Proclamation from Mayor James L . Taylor designating the week of January 21-27, 1979 as Jaycee Week and urging all citizens of our community to give full regard to the past services of the Englewood Jaycees. (Copies enclosed.) • I . • • • Page 2 Agenda for Council Meeting -January 15 , 1979 3. Other Visitors . 4. Public Hearing . (a) None 5 . Communications -No Action Recommended . 6 . (a) Minutes of the special meeting of the Library Board held December 26 , 1978 with attached memorandum concerning servicing of Malley Center . (Copies enclosed.) (b) l1inutes of the Planning and Zoning Commission meeting of December 19, 1978. (Copies enclosed.) (c) Memorandum from Harriet Lute, Director of Library , concerning guidelines for Englewood Public Library. (Copies enclosed .) Communications -Action Recommended . (a) Recommendation from Englewood Retirement Board concerning proposed changes to Chapter 9, Sec- tion 38, "Title V of Englewood Muncipal Code . (Copies enclosed .) (;) /}_l '/._ <.:t (!/I (, 11.'~ G...- {c;)/J.iuc t J-1 6 ()._ uu (b) Hinutes of the Water Board meeting of December .19, 1978 with attached recommendations as 4t ~ollows : (1) Connectors agreement with Denver 11~ for sanitary sewer taps in northeast Englewood. ~'~nd (2) Revision of Code 15-3-16 which states the City will maintain meter and 15-3-17 which relates to delinquent water bills. (Copies enclosed.) • (c) Request for annual renewal of Hotel/Restaurant Liquor License for Fratellis Pizza , 1200 E . Hampden Avenue . (Copies enclosed.) (d) Request for annual renewal of 3.2 Beer -Retail Liquor License for Albertsons, 5175 S. Broadway . (Copies enclosed .) (e) Request for annual renewal of Hotel/Restaurant Liquor License for Sizzler Steak House, 5151 South Broadway . (Copies enclosed.) • I • • • • • • Page 3 Agenda for Council Meeting -January 51, 1979 6. Communications -Action Recommended. (cont .) /d. . ~J.r (f) Recommendation from the Planning and Zoning ~z · Commission relating to the proposed alley ~~~uJt~~~~vacation in the alley ad~acent to Lots 22 o1 1 and 23, Block 9, Jacksons Broadway Heights . (Copies enclosed.) (g) Memorandum from the Director of Community Develop- ment to the City Manager concerning an encroach- ment request for 3234 South Elati St . (Copies enclosed.) 7. City Attorney . Ordinances on Final Reading. (a) :J..-I:t-1 (!_ fi:j •J . Ordinance approving a cooperation agreement between Englewood Housing Authority and the City of Englewood perta ining to low-rent housing in the Denver metropolitan area, within the City of Englewood. (Copies enclosed.) J~l-~-~l-.,..'} 1:t ~~ Bills for Ordinances (b) Bill for an Ordinance from Englewood Retire- ment Board concerning changes to Chapter 9, Section 38 , Title V of 1969 Englewood Muni- cipal Code relating to the City of Englewood Retirement Plan redefining the term "Employee", requiring disabled employees to make applica- tion for retirement and modifying the membership of the Retirement Board . (Copies enclosed.) (c) A Bill for an Ordinance amending Seciton 10, Chapter 10, of Title V, of the '69 Municipal Code, as amended, by authorizing and directing the City Council of the Ci ty of Englewood to enter into direct agreement with certified employee groups without t h e necessity of imple- men t ing sa i d a g reement by genera l leg islation. (Cop i es enclosed.) (d) A Bill for an Ordinance approv i ng a collective bargaining agreement for the Year 1979 by and between the City of Englewood , Colorado, and t he Englewood Employees Association ; autho- rizing and directing the Mayor and other proper city officials to execute and atte s t the same . (Copies enclosed.) • I • - • • • • • Page 4 Agenda for Council Meeting -January 15, 1979 7. City Attorney (cont.) 8 . (!l d--~ -?~- Report from City Attorney relative to Civil action suit of City of Sheridan concerning amusement tax at Englewood Municipal Golf Course . (Copies enclosed.) (f) Report from Bernard V. Berardini, City Attorney, with reference to extension of Parking Agreement at Cinderella City. (g) Attorney's Choice. City Manager. (a) Resolution concerning changes in fees for play at the Englewood Municipal Golf Course. (Copies enclosed.) (b) Transmittal of the 1979 Budget. (Copies enclosed.) (c) Resolution appropriating funds for the Water Fund in conjunction with the financial settle- ment of the Atchison Ranch case. (Copies enclosed.) (d) Resolution amending the 1979 General Fund Budget relating to board and commission salaries . (Copies enclosed.) Petition requesting annexation of portion of the right-of-way of East Hampden Avenue in the vicinity of South University Boulevard. (Copies enclosed.) ~ &Jo j tj /in.'tf· (f) Manager's Choi/& (:; . /;) 1;- ';J;f.Ul.t'Yl./)'1l..i. a;t , tr U ~ 0. 1 L . _..u)/ r lu_ j ~ ~ (f'l1;l;v,-u_u )~ ~· ~~ c..a_fh 9 . General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 1 } ~0. A~ournment. ( ;;-~'~ /Jir(ji(~ ANlfX MC COWN City Manager • I • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 2, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 2, 1979. The invocation was given by Reverend William Mantei, Centennial Lutheran Church. The Pledge of Allegiance was led by Boy Scout Troop #92. 1 I Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith , Harper, Clayton , Mann. Absent : Council Member Mayor Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Ms. Alice Fessenden, representing the Englewood Housing Authority, was present. She stated that the Housing Authority was preparing a HUD proposal for 100 units for the elderly and possibly some family units. She asked that Council pass the Counci l Bill No. 1 presented for Council's action tonight • • I • • January 2 , 1979 Page 2 • • • COUNCILMAN CLAYTON MOVED TO CONSIDER AGENDA ITEM 7D AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 1, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLE-WOOD. COUNCILMAN HARPER MOVED TO APPROVE COUNCIL BILL NO. 1, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. * * * * * * City Attorney Berardini explained the new Council Bill system he is introducing with 1979 ordinances. * * * * * * Robert Brundage, 4140 South Huron, was present. Mr. Brundage is a member of the Career Service Board. He read a statement relating to the pay raises granted to non-emergency personnel as they relate to pay raises granted to City Admini- stration officials. He urged Council to rescind the 7% increase granted to top level management and replace it with a 6% raise, the same granted to non-emergency personnel • • I • • • • .. • Janu a r y 2 , 1 979 Page 3 Councilman Smith stated that top l e vel management per- sonnel do not receive an annual 5% merit increase as do all non-emergency personnel. In answer to Councilman Clayton's questions, Mr. Brund age said that no action is needed if pay increases granted to the two groups were equitable. * * * * * * Ethel Kelly, 3159 South Un i versi ty, was pre sent. Mrs. Kelly is a member of the Colorado Union of Taxpay e rs. She com- mented on the Council proposal to raise councilmember salaries. She asked that Council hold their increase to 7%. She expressed a concern for the cost of finge benefits granted to city employees. Counc il. Co uncilman Clayt on comment e d on t r ip s as a memb er o f To cl a r ify an answe r to Mrs. Kelly, City Manager McCown stated that h 6% pay increase g rant ed non-emergency employ es included f i n ben e fits . * * * * * * John Cr i 11, 378 0 South Broadway, was presen t o di - cuss t h l a sui involving t h e City of Englewood , Mar in Mar i and Alfr d Atch1 on . COU GI LMAN WEBER MOV ED TO CONSIDER ITEM 7E OF THE AGE DA AT THIS TIME. Co un ci lman Harper seconded the mot ion . Upon a ca l l of the rol l, h v ot resulted as follows: Ayes : Nays: Absent: Council Me mbers Harper, Cla yton, Williams, Weber, Smi th , Mann. None . Council Mem b er Ta y lo r. Th e Mayor Pro Tern d ec l ared th e mo tion carri ed. Mr. Cr i sw e l l e x pl ained br i efly th e background of the proc e ed i ngs revo l v i ng aro und th e litigation. He recommended that Co uncil a g r e e to p a y Mar tin Mariet ta $750 ,000 which would bring t he su i t to a conclusion out of court. Mr. Criswell stated that i f the law suit brought by Martin Marietta proceeded to the courts, the City would have a 50-50 chance of winning. If the City won , they would owe noth i ng. If the City lost, they could be require d to pay Martin Marietta i n e xc e ss of $2 ,000,000. In h i s opinion t h i s wa s a s a t i s fac tory c ompromise. • I • • • January 2 , 1979 Page 4 .. • • • RESOLUTION NO. 1, SERIES OF 1979 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750 000) IN FULL AND COM- PLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. COUNCILMAN WEBER MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1979, WITH THE FOLLOWING ADDITION TO BE INSERTED AS THE SECOND PARAGRAPH : WHEREAS, IN PREVIOUS PROCEEDINGS IN THAT LITIGATION BEFORE THE COLORADO SUPREME COURTS, IT HAS BEEN DETER- MINED THAT BOTH THE CITY OF ENGLEWOOD AND THE MARTIN MARIETTA CORPORATION ARE, COLLECTIVELY, LIABLE TO ALFRED ATCHISON FOR ALL DAMAGES SUSTAINED BY HIM AS A RESULT OF THE CITY'S CONVEYANCE IN 1967 OF CERTAIN REALTY TO MARTIN MARIETTA CORPORATION; AND. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * "Corranunications -No Action Recommended" were received without comment: (a) (b) (c) (d) (e) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978. Minutes of the meeting of City of Englewood Planning and Zoning Commission of November 14. 1978. Minutes of the meeting of the Englewood Public Library Board of December 12, 1978. Minutes of the council meeting of the Denver Regional Council of Governments of November 15, 1978. Report from Marten D. Lathrop of the Planning and Zoning Commission, concerning meeting of the American Society of Planning Officials which he attended April 29 to May 5, 1978. * * * * * * • I • • ....... ( • ( • January 2, 1979 Page 5 • • .. City Attorney Berardini stated that he has not com- rleted the report requested by Councilman Smith relating to the Cinderella City Parking Agreement. COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 6A, A REPORT FROM CITY ATTORNEY BERARDINI RELATING TO THE CINDERELLA CITY PARKING AGREEMENT, TO JANUARY 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Wi lli ams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO RENEW THE 3.2 BEER LICENSES FOR SOUTHLAND CORPORATION DOING BUSINESS AS 7-ll STORES, 4400 SOUTH BROADWAY; KING SOOPERS 5050 SOUTH FEDERAL; AND SHOP-N-GO MARKET , 2901 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. ______ , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4 , 6 , 7, AND 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUNDS, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . • I • • • January 2, 1979 Pa g e 6 • • • COUNCILMAN WEBER MOVED TO TABLE INDEFINITELY AG ENDA ITEM 7A, AN ORDINANCE AMENDING CHAPTERS OF TITLE V OF THE 1969 ENGLEWOOD ~IDNICIPAL CODE, AND DIRECT THE CITY ATTORNEY TO MAK E THE NECESSARY AMENDMENTS TO TITLE V AND TO PREPARE AN ORDINANC E FOR THE JANUARY 15, 1979 MEETING APPROVING THE CONTRACT WITH THE CITY EMPLOYEES AND THE ORDINANCE SHOULD STATE THAT THE CON- TRACT IS EFFECTIVE AS OF JANUARY l, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN AND WILLIAMS BY AUTHORITY ORDINANCE NO. l, SERIES OF 1979 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980 . COUNCIL~~N WILLIAMS MOVED TO APPROVE ORDINANCE NO. l, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Smith stated that lack of adequate pay for councilmembers eliminates possible candidates because they can't afford the job . The Council job requires a great deal of time a way f rom on e 's job . For many who may be paid on an hourly basis, lack of Council pay is a disincentive. Mr. Smith said that he had contacted 96 of his constituents, and only two were not in f avor of this ordinance. Mr. Smith further pointed out that Council's recent mil l levy reduction would pay for the Counc i l pay raises for seven years. Councilman Weber urged defeat of the ordinance. Coun- cil participation is community service and a citizen obligation. Currently, the $2,400 made by Councilmembers should more than cover lost job time. In response to Councilman Smith's statemen t relating to the pay of Denver Councilmembers, Mr. Weber stated • I • • • January 2, 1979 Page 7 • • • that the comparison is not valid because Denver Councilmembers do more and have more responsibilities than Englewood Council- members. Councilman Williams stated that all Councilmembers are not making $200 per month. Councilman Harper stated that he would vote against the ordinance but would be willing to consider a 7% increase. The City has an obligation to stay within the Presidential guide - lines. Councilman Clayton stated that Councilmember pay is behind many seven percents not received in previous years. This pay increase will make Council membership available to many who would otherwise not be able to participate. Upon a call of the roll, the vote resulted as Ayes: Council Members Clayton, Williams. Mann. Nays: Council Members Weber, Harper. Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1979 follows: Smith, AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE, CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE, COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO APPROVE ORDINANCE NO. 2, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. • I • • January 2, 1979 Page 8 .. • • • The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini presented an update of activi - ties of the City Attorney's office. Councilmembers indicated they had not received the file to which ~r. Berardini was refer- r~ng. Mr. Berardini stated that he would insure future files were forwarded to the Council. * * * * * * City Manager McCown stated that he had received a re- quest from the Animal Control Committee for a recording secre tary. Mr. McCown requested direction from City Council. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY STAFF TO PROVIDE A RECORDING SECRETARY FOR THE ANIMAL CONTROL COMMITTEE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton , Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNC ILMAN WILLIAMS MOVED TO ADJOURN. Mayor Pro Tern Mann adjourned the meeting without a vote at 8 :58 p.m. • I . • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 8, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 8, 1979. 1 The invocation was given by City Manager Andy McCown. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FROM THE CITY OF ENGLEWOOD REQUESTING ADDITIONAL FUNDS UNDER THE COMMUNITY DEVELOPMENT PROGRAM. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Director of Community Development Wanush appeared before Council and presented the application. Director Wanush stated there • I • • January 8, 1979 Page 2 • • • were two categories for which funds could be requested. The first category is the single purpose grant for housing rehabilitation; and the second cat e gory is the comprehensive grant which is for a series of different programs related to a general area. Councilman Mann asked if it was possible to submit an application that would provide funds for the rehabilitation of the downtown development district, i.e. curbs, gutters, etc. Director Wanush stated it would be eligible under the terms of the regulations and statutes. Many entitlement com- munities such as Littleton receive money automatically just by submitting an application that meets the federal government guidelines. However, Englewood is a non-entitlement city and it never has had the kind of federal funding through HUD that would entitle it to a certain amount of money. Englewood has to compete with all the other cities throughout the state for funding. Director Wanush stated the chances for getting the funds are slim even though Councilman Mann's idea would be an eligible activity. Director Wanush stated the Housing Rehabilitation Pro- gram will run out of money for rehab funding some time in May and he proposed that the City submit the application for $226,000 under the single purpose grant in order to continue the reha- bilitation program in the City. In answer to Mayor Taylor's question on what the City would do if the application is turned down, Director Wanush stated there were still several options for the City. Director Wanush stated 1) the City can still operate the program without the subsidy; 2) the Housing Authority could request funds from the City in order to subsidize the program; and 3) loans made to elderly on the deferred payment method could be reduced. Mayor Taylor asked if there was anyone in the audience wishing to speak in favor of the application. There was no one in the audience to speak in favor of the application. Mayor Taylor asked if there was anyone in the audience wishing to speak against the application. There was no one in the audience to speak against the application. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor • • I • • • • • • January 8, 1979 Page 3 Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RE- QUESTING THE FUNDS FOR THE COMMUNITY DEVELOPMENT PROGRAM AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE APPLICATION. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: 8:00p.m. Ayes : Nays: Council Members Clayton, Mann, Willliams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ADJOURN. Mayor Taylor adjourned the meet i ng without a vote at • • I • • • • RESOLUTION NUMBER TWO, SERIES OF 1979 A RESOLUTION CO MMENDING DAVID ROY WALKER AND HOWARD LLOYD BONE FOR THEIR COURAGEOUS AND LIFE-SAVING ACHIEVEMENT AND FOR THE DESERVED CREDIT THEY HAVE BROUGHT UPON THEMSELVES, THEIR FAMILIES , AND THE COMMUNITY. WHEREAS , two young men of the City of En glewood , Co lorado, DAVID ROY WALKER and HOWARD LLOYD BONE, were cross count r y skiing near Silver Dollar Lake high in the Colorado mountains on the seventh day of January, 1979, A.D.; and WHEREAS, DAVID ROY WALKER and HOWARD LLOYD BONE rescued two cross co untry skiers and recovered the body of a third skier that had been buried in snow by an avalanche; and WHEREAS, by the use of their mountaineering and first aid skills, DAVID ROY WALKER and HOWARD LLOYD BONE saved the lives of the two men they rescued. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO : THAT DAVID ROY \vALKER and HOWARD LLOYD BONE are hereby commended for their courageous and lif e -saving achievement in rescuing and saving the lives of the two men and their attempts to save the life of the third man buri ed in snow by an avalanche in the Colorado Ro ckies . ADOPTED AND APPROVED this fifteenth day of January, 1979, A. D. MAYOR • I • • ( • .. RESOLUTION NUMBER TWO , SERIES OF 1979 A RESOLUTION COMMENDING DAVID ROY WALKER AND HOWARD LLOYD BONE FOR THEIR COURAGEOUS AND LIFE-SAVING ACHIEVEMENT AND FOR THE DESERVED CREDIT THEY HAVE BROUGHT UPON THEMSELVES, THEIR FAMILIES , AND THE COMMUNITY. WHEREAS, two young men of the City of Englewood, Colorado, DAVID ROY WALKER and HOWARD LLOYD BONE, we re cross country skiing near Silver Dollar Lake high in the Colorado mountains on the seventh day of January, 1979, A.D.; and WHEREAS, DAVID ROY WALKER and HOWARD LLOYD BONE rescued two cross co untry skiers and recovered the body of a third skier that had been buried in snow by an avalanche; and WHEREAS, by the use of their mountaineering and first aid skills, DAV ID ROY WALKER and HOWARD LLOYD BONE saved the lives of the two men they r e scued. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: THAT DAVID ROY WALKER and HOWARD LLOYD BONE are hereby commended for their courageous and life-saving achi e vement in rescuing and saving the lives of the two men and their attempts to save the life of the third man buried in snow b y an avalanche in the Colorado Rockies. ADOPTED AND APPROVED this fifteenth day of January, 1979, A.D. ' .. //. '\, i I ~· ' --"" ·~· MAYOR • 2 j I • • - ct • c • • • • 2 8 . ,. ,/ .~ I' P R 0 C L A M A T I 0 N ----------- WHEREAS, the civic bodies and service organizations of our community and the local government recognize the great service rendered to this community by the Englewood Jaycees; and WHEREAS, the United States Jaycees and its affiliated state and local organizations have set aside the week of January 21 -27, 1979 to observe the founding of the Jaycees fifty-nine years ago; and WHEREAS, this organization of young men has contributed materially to the betterment of this community through their participation and involvement in such local programs as Diamond Jubilee and Fourth of July fireworks for the past several years; NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby designate the week of January 21 -27, 1979 as JAYCEE WEEK and urge all citizens of our community to give full regard to the past services of the Englewood Jaycees. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1979. • I • - 0 • ( • • • • P R 0 C L A M A T I 0 N ------------ WHEREAS, the civic bodies and service organizations of our community and the local government recognize the great service rendered to this community by the Englewood Jaycees; and WHEREAS, the United States Jaycees and its affiliated state and local organizations have set aside the week of January 21 -27, 1979 to observe the founding of the Jaycees fifty-nine years ago; and WHEREAS, this organization of young men has contributed materially to the betterment of this community through their participation and involvement in such local programs as Diamond Jubilee and Fourth of July fireworks for the past several years; NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby designate the week of January 21-27, 1979 as JAYCEE WEEK and urge all citizens of our community to give full regard to the past services of the Englewood Jaycees. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1979. JAMES L. TAYLOR, Mayor • 2 B I • - ( • • • • 2 / P R 0 C L A M A T I 0 N ------------ WHEREAS, the civic bodies and service organizations of our community and the local government recognize the great service rendered to this community by the Englewood Jaycees; and WHEREAS, the United States Jaycees and its affiliated state and local organizations have set aside the week of January 21 -27, 1979 to observe the founding of the Jaycees fifty-nine years ago; and WHEREAS, this organization of young men has contributed materially to the betterment of this community through their participation and involvement in such local programs as Diamond Jubilee and Fourth of July fireworks for the past several years; NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby designate the week of January 21 -27, 1979 as JAYCEE WEEK and urge all citizens of our community to give full regard to the past services of the Englewood Jaycees. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1979. JAMES L. TAYLOR, Mayor • I . - ( • ( • • • • / ··' ./ ,. / P R 0 C L A M A T I 0 N WHEREAS, the civic bodies and service organi zation s of our community and the local government r ecogniz e the great service rendered to this community by the Englewood Jaycees; and WHEREAS, the United States Jaycees and its affiliated state and local organizations have set aside the week of January 21-27, 1979 to observe the founding of the Jaycees fifty-nine years ago; and WHEREAS, this organization o f young men has contributed materially to the betterment of this community through their participation and involvement in such local programs as Diamond Jubilee and Fourth of July fireworks for the past several years; NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby designate the week of January 21-27, 1979 as JAYCEE WEEK and urge all citizens of our community to give full regard to the past services of the Englewood Jaycees. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1979. JAMES L. TAYLOR, Mayor 2 I • • - • • • • ENGLEI~OOD PUBLIC LIBRARY BOARD Special Meeting December 26, 197 8 The Englewood Public Library Board met in special session on December 26 in the Library meeting room. Chairman Mueller called the meeting to order at 10:15 a.m. Present: Absent: Also Present: Beaver, Clayton, Lighthall, Mueller, and Shattuck . Bennett, Cloughesy, Sterling. Harriet Lute, Director of Libraries 5 A On motion of Clayton, sec-onded by Lighthall, the minutes of the November 8th and December 12th meetings were approved. The statement of the purpose of th e Englewood Public Library, revised by a committee consisting of Bus c h, Sterling, and Lute, was discussed. Several changes in wording were suggested for clarification. Paul Busch arrived at the meeting. Motion by Lighthall: THAT THE BOARD APPROVE THE "STATEMENT OF PURPOSE" AS WRITTEN BY THE COMMITTEE AND REVISED BY THE BOARD. Seconded by Shattuck and carried unanimously. The Library Director called the attention of the Board to minor changes needed for clarification of the "Guidelines for the Englewood Public Library." Motion by Lighthall : THAT THE BOARD APPROVE THE SUGGESTED CHANGES IN THE GUIDELINES AND SEND THE DOCUMENT TO THE CITY COUNCIL FOR APPROVAL . Seconded by Beaver and carried unanimously. With regard to the library's policy of reaching out into the community co ntained in the "Statement of Purpose," Councilman Clayton inquired about the library service being provided to the Malley Center. In response to the reply that the Library had not been permitted t o establish library service there, Clayton moved: • I • • • • • -2 - THAT A LETTER OF RECORD BE SENT BY THE DIRECTOR OF LIBRARIES TO THE DIRECTOR OF PARKS AND RECREATION STATING THE LIBRARY'S WILLINGNESS TO PROVIDE LIBRARY SERVICE AT THE MALLEY CENTER IN ACCORDA NC E WITH THE COUNCIL'S UN DERS TANDING WHEN THE BUILDING WAS PLANNED. Seconded by Beaver and passed unanimously . Mueller and Busch reported on the regional library conference which they attended December 1 and 2. In preparation for the Governor's Conference in April, the discussion centered about three topics: 1 . What do you expect from your library? 2 . How good is your access to library service? 3 . How can go od library servic e be supported? There being no further business , the meeting was adjourned at 11:50 a.m . Harriet Lute Sec retary Pro Tern • I . - • • • City of Englewood ENGLEWOOD PUBLIC LIBRARY Mr. E. P. Romans Director of Parks and Recreation City of Englewood Dear Packy, • • • January 4, 1979 3400 S. Elati Street Englewood , Colorado 80110 Phone (303) 761 ·1140 At the Library Board meeting on December 26, 1978, the Board members were disturbed to learn that the Library is not servicing the Malley Center. In accordance with their suggestion, I am again expressing to you, the Library's willingness to provide library servic e to the Center and our feeling that this is a logical part of serv ice to the co~m~unity. You remember, I am sure, that the floor plans for th e Malley Center included space for a small library and that the Council approved these plans, assuming that the Library would furnish mat e r ial s and give minimum supervision to the library services. I hope we can discuss th is in the near future . Sincerely, Harriet Lute Director of Libraries IU.:eeb • I • • - I • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 19, 1978 7:00 P . M. I . CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00P.M. by Chairman Draper. Members present: Becker, Bilo, Draper, Lathrop, Pierson, Smith Wanush, Ex-officio Members absent: McClintock, Tanguma, Williams Also present: Assistant Director Romans; Associate Planner Fessenden . Mr. Draper welcomed Mrs. Marjorie Becker and Mr. Joseph Bilo to the Commission. Mrs. Becker was appointed to fill the un- expired term of Chalmerse A. Parker, and Mr. Bilo was appointed to fill the unexpired term of Larry Owens. Mr. McClintock entered and took his seat with the Commission. II. APPROVAL OF MINUTES. Mr. Draper stated that the Minutes of November 14, 1978, were to be considered for approval. Smith moved: Lathrop seconded: The Minutes of November 14, 1978, be approved as written. AYES: Draper, Lathrop, Pierson, Smith NAYS: None ABSTAIN: Becker, Bilo, McClintock ABSENT: Williams, Tanguma The motion carried . Mr. Draper stated that the next item of consideration would be the affirmation of the telephone poll taken on December 5, 1978, regarding the Findings of Fact for the Ragsdale zoning at 4535 South Santa Fe Drive . Lathrop moved: McClintock seconded: The Planning Commission affirm the record of the telephone poll taken on December 5, 1978, regarding the Findings of Fact of the Ragsdale zoning designation at 4535 South Santa Fe Drive . AYES : NAYS: Draper, Lathrop, Pierson, Smith None • 5 I • • -2- ABSTAIN: ABSENT: • • .. - Becker , Silo, McClintock Tanguma, Williams The motion carried. II I. COMMUNITY DEVELOPMENT BLOCK GRANT 1979 Application CASE #22-78 Mr . Wanush stated that each year block grant funds are made available to communities throughout the country, and that the City of Englewood is now putting an application together for presentation to HUD. He stated that the formal presentation to the Commission would be made by Associate Planner Alice Fessenden . Miss Fessenden stated that the Community Development Block Grant Program is sponsored by HUD, and that Englewood is in- volved in the "small cities program", which is competitive for cities with under 50,000 population. She explained that funds are automatically available for cities exceeding the 50,000 population figure. The monies obtained through the Block Grant Program may be used for housing activities --rehabilitation, etc ., but not for new construction of housing or public buildings. It may be used for the acquisition of land, however . Miss Fessenden stated that there are two approaches to the Community Development Block Grant program --the single-purpose grant, which must be used for one activity, and is funded for one year, and the Comprehensive grant . The funds obtained in the single-purpose grant program must be used on housing pro- grams, public facilities which affect public health and safety, or for economic development. The Comprehensive grant applies to a specific area of the city ; the problems within that specific area must be described in detail and the use of that money to alleviate these problems must be set forth in detail also . A Comprehensive grant may be awarded for one year, or f or a multi-year program . Miss Fessenden stated that the monies available through the single-purpose grant program are budgeted at $807,250-$1,130,150 ; a ceiling on the grant amount for a single-purpose grant is $375 ,000 . Monies available in the comprehensive grant program range from $2 ,098,850 -$2,421,750 with a ceiling amount of $850,000 for a comprehensive one-year grant, and a multi-year comprehe nsive grant ceiling of $1,500,000 . All applications are judged by a point system which is weighted toward housing improvement and benefit to low and moderate in- come residents. Miss Fessenden stated that an application was made in 1977, at which time $150,000 was awarded the City ; these funds have been used in the Housing Rehabilitation Program . These funds were combined with monies obtained from the City and State to • I • • • • • .. -3- establish a line of credit with the banks to finance the re- habilitation loan program . The program really got underway a little over a year ago, and 58 loans have been approved in this time. It is estimated that the block grant funds ($150,000) will run out in the spring or early summer of 1979 . Miss Fessenden stated that an application was made in 1978 for a comprehensive grant ; the City was ranked sevent h out of t e~ and was not awarded a grant . The staff is now working on a 1979 application, and is looking toward a single-purpose grant for funding to support the rehabilitation program. If the City is successful in th e application, and if funds ar e awarded to the City, they would not be available until late summer. Miss Fessenden stressed that the rehabilitation p r ogram is a successful program and that the funds do indeed go to the benefit of the low and moderate income resident. The pre-application is due in the HUD office on January 15th. A time schedule drawn by the staff calls for th e initial public hearing before the Community Development Department staff on December 21st, and the second public hearing before City Council on January 8th . It is hoped that there will be citizen input in drafting the application, and throughout the implementation of the program. Miss Fessenden stated that the Planning Com- mission is involved in the citizen participation process, and pointed out that considerable use has been made of the recom- mendations set forth in the Housing section of the Comprehensive Plan revision. The Planning Commission will also be involved in the complaint procedure. Mr . Draper asked for further explanation on the use of the bank monies and the line of credit. Miss Fessenden stated that an escrow account of $50,000 has been established using the money from the City of Englewood, and that a line of credit from the banks has been established in the amount of $450,000, based on this escrow account . There is additional security to the banks in that the loans are secured by a deed of trust. Miss Fessenden pointed out that there are five target areas in the City of Englewood --concentrations of substandard and deteriorating housing. Anyone residing within these target areas can qualify for a loan, which may be for as much as $12,000 if not subsidized, but if subsidized the loan limit is $10,000 . These funds are used to correct serious code violations, energy conservation, and incipient code violations as well as general property improvement. The City does th e billing and collecting of the loans, and follows up on any d e linqu e nt loans . The re has bee n some minor problem with delinquencies, and the ability to foreclose is written into the program. Ms. Pierson asked if th ese loans are low-interest? Miss F e sse nden stated that t h e money from th e banks is curre ntly • I • • • • - -4- available to the Englewood Housing Authority at approximatel y 8%, and is loaned out at approximately 9%. If the loan is to a low-income resident, a formula is used to determine what percent interest they can afford, and if a subsidy is warranted, the subsidy is applied on the "front end" of the loan, which lowers the amount repaid. Every effort is made to work out a payment schedule to fit the needs and means of the individual. Under the current program, loans are made on owner /occupied properties. Investors may also be eligible for loans; however, investors must have been turned down by two banks normally making such loans for the same amount they request from the Rehab Program, and the intent of the loan must be the same . Rent levels must remain within the fair market rent level established by the Federal Government, and the investor must apply on property that is within a target area . Mr. Draper expressed his appreciation for Miss Fessenden's presentation. Mr. Smith stated that he felt the Rehabilitation Program has been a very successful program --it is well managed, and has been well received by the public. Mr. Wanush stated that a request would be made for an "emergency fund" whereby the work could be authorized immediately in case of a hazardous situation, such as a furnace going out, etc . Mr. Smith stated that he felt one of the strong points of the program is that low income and very low income persons, such as the elderly on a fixed income, may have their homes brought up to code and yet continue to maintain their independence, by utilizing a deferred payment plan --payments are not made until the property changes hands. Mr. Wanush stated that every attempt will be made to keep this program going . Even if additional Community Development Block Grant funds are not forthcoming, the staff hopes to meet with the participating banks to establish an additional $450,000 line of credit, and the Housing Authority is considering an approach to the City for additional funds to continue the subsidy portion of the program. Mr. Bilo noted that Miss Fessenden had indicated that 58 loans have been approved under this program; he asked how many loan applications had actually been received? Miss Fessenden stated that very few applications have been denied. She acknowledged that there have been many inquiries, and that some of the people have been over-income, didn't live in a target area, or had a second deed of trust on the property already --the program is not designed to accept a third deed of trust. Discussion ensued . I • - • • Pierson moved: Lathrop seconded: • • • -5- The Planning Commission support the endeavor to make application for the Community De- velopment Block Grant funds to be used in the Housing Rehabilitation Loan Program , AYES: Smith, Becker, Bilo, Draper, Lathrop, McClintock, Pierson NAYS: None ABSENT: Tanguma, Williams The motion carried , IV, AMERICAN PLANNING ASSOCIATION CONFERENCE Mr. Draper noted that Mr. Lathrop's written report of his attendance at the ASPO Conference in Indianapolis April 29 to May 5, 1978, was enclosed. Mr. Lathrop discussed his report and attendance at this con- ference, stating that he felt it is well worth-while for a Com- mission member to attend, Mr. Wanush noted that the 1979 APA Conference is to be held in Miami Beach March 4th thru March 7th. The Commission does usually send one member to the Conference. He suggested that a decision need not necessarily be made this evening, but that the staff should be sending in reservations, etc. in the early part of January , Mr. Draper asked if there were volunteers interested in going? Mr. Smith indicated that he would be interested in attending, Mrs. Pierson stated that she would be interested in going, but that she had attended the Conference in Washington, D.C. in 1976, and felt that someone who has not gone should have that opportunity , Mr. Lathrop also indicated he would be in- terested in attending, Pierson moved: Lathrop seconded : The Commission designate Donald L. R. Smith to attend the 1979 American Planning Association Conference in Miami Beach, Florida, March 4th through March 7th. AYES: Pierson, Becker, Bilo , Dr.aper, Lathrop, McClintock NAYS: None ABSTAIN: Smith ABSENT : Tanguma, Williams The motion carried, • I • ...... • • • .. -6- V. DIRECTOR'S CHOICE Mr. Wanush stated that Mr. Kirk Wickersham is sponsoring a seminar on the Special Permit Zoning System in Frisco on January 26th; there is a $50 registration fee. He suggested that members who are interested in attending this seminar should notify the staff. Mr. Wanush discussed the seminar on contract zoning that was sponsored by the CML and held in November at Cinderella City . He stated that there have been many favorable comments on this seminar, and, in fact, a similar presentation is to be arranged for a City Manager's meeting which is scheduled to be held early in 1979. VII. COMMISSION'S CHOICE Mr. Smith noted that the new rosters printed have an incorrect home phone number for him; the number should be 781-3165. Mr. McClintock stated that this would be his last meeting with the Commission, inasmuch as he is moving from the City of Englewood. He stated that he has enjoyed his association with the Planning Commission, and stated that the Commission has a very ambitious schedule facing it. He stated that it is with regret that he must tender his resignation, and wished the Commission well in their undertakings. The Commission wished Mr. McClintock well and expressed their regret at his resignation. The meeting adjourned at 7:50 P .M. • I . • • • ,. - TO: Mr. Andy McCown, City ~!anager FROM: Harriet Lute, Director of Libraries DATE: January 10, 1979 SUBJECT: Guidelines for Englewood Public Library ----------------------------------------------------------------------- Attached is a copy of the revi sed "Guidelines for the Englewood Public Library'' whi ch was approv ed by the Library Board at a special meeting on December 26, 1978 . At the Board's regular meeting on January 9, 1979, Lois Sterling made the following motion: That the Library Board recommend to the City Council that th e revised "Guidelines for the Englewood Public Library" be approved by the Council. Seconded by Paul Busch and carried unan imo usly. Since the Library Board is an adviso ry board, it cannot determine policy for the Library, and th e refore requests the Council to approv e the Guidelines so that there is a written document for the guidance of the Library Staff and the Board . This is the first substantive revision of the Guidelines in eleven or twelve years . The major change is in th e statement of the purpose of the Library which was expanded to specify various ways in which the Library should serve the community. Minor changes in wording were made elsewhere for cla rification . The phrase "small branch libraries" in the last item of the statement of purpos e refers to such activities as the service given to the elementary school IMC's and perhaps the Malley Center where the Library may provide staff and materials in facilities other than the library building . The phrase does not imply the pr ovision of additional library buildings. ! ~~~ .. ·-u..L: ;I' - • I • ( • • • • GUI DE LINES FOR THE ENGLEWO OD PUBLIC LIBRARY (Revised a nd Approved by th e L1brary Board on Decemb er 26, 197 8) PURPOSE The purpose of the Englewood Publi c Library is to assemble, preserve and administer an organized collection of books and other mat erials fo r the u se of the Englewo od community . ... To promote an informed citizenry through the provision of as well-rounded and compreh e nsive collection of materials as possible, representing all po i nts of view . ... To serve as a center of reliable i nformation . ... To serve as a center o f information about Englewood's h ist o ry and its government . .. . To encourage the use of its materials and service s by persons of all ag es for their e ducational and recreational needs . ... To promote th e use of library servic es in all manner s feasi bl e such as displays, publ icity on library pro grams and c oope r a tion with communit y g roups . . .. To provide programs for the community whi ch will promo te awar e ness of the library's resources . . . . To reach out into the community to serve through the bookmobile, through small branch libraries, and through special services fo r the homebound, the aging and the handicapped. AUTHORITY The final authority fo r the determination of library policies is vested in the Englewood City Council, with the advi ce of the Englewood Public Library Board. STAFF Th e Library Director shall be the administrator of the staff and shall promulgate rules in accordanc e with City regulations as head o f a City de partment. Staff members other than the Di r ec tor shall b e e mployed in ac cordance with th e r u les of the Englewood Career Service System and s hall have all rights , privileges and duties of othe r City emp loyee s . Pos i tion c l assifications shall be determined by the Caree r Service Syst em with th e advice of the Di recto r. Members of th e staf f s hall be encouraged to e nlarge their knowled ge o f library o perations by study and practice and by attendanc e at suitable c las ses and wo r k shops. • I • • n • • • • -2 - DUTIES OF THE BOARD It shall be the duty of th e Library Board to serve as specifi ed in th e Hunicipal Code. The Boa rd sh all act in an advi sory capacity to th e staff of the Library; sha ll maintain a cu rr ent mast er pl a n fo r the info r- mation of th e City Cou nc il; shall make long-ran ge plans fo r housing and st affing th e Library and shal l procure su itabl e materials fo r use therei n . The Bo ard shall r equ ir e fro m the Director such r e port s as may be necessa ry to keep informed as to the operations of the Library. GIFTS Gifts will be accepted by th e Director if th e r e is immediate library value a nd local a nd historical interest. Money gif t s for specia l purpos es shall be a cce pted fo r dispos ition as n e arl y in ac c ordance with the do no r's purpose as th e Librar y 's po licy p rmit s . Gifts, bequests a nd e ndowments without speci all y designated uses may be devo t ed to buildings, equipment or materials as th e Boa r d r ecomm ends. No gif ts sha l l be appli ed to bud ge t ed o pe rating funds of th e Library. Gifts of books, pamphlets o r other materials which ar de voted t o spec ial pleadi ng o r present a partisan o r sectarian viewpoint may be acc ept ed for inc l usio n in th e co llec ti o n at the discretion of the Di r ecto r; but the Libr ary shall not distribute documents o r ot h e r material whi ch is in conf li ct with the educational and cultura l purposes of the Library. DU TIES OF THE DIRECTOR The Director s h a ll administer Librar y functions and di r ect i t s sta ff; shall act as techn ical advisor to the Boa rd ; shall attend meetings of the Boa rd; shall prepare the budget for subsequent r equ ir ed approvals and sha ll keep necessary s ta tis ti cs. He shall select and purchas books, mate r ials and supplies in accorda nce with the Englewood Public Library Sel ction Policy and t he pu r chasing r equ iremen ts of the City. He shall prepare and release publicity to stimulate g r o wth of the Library . He shall be a ware of the cha racteristics of the Englewood community and involve himself with community groups and activities. ENGLEWOOD PUBLIC LI BRARY BOOK SELECTION POLICY RESPONSIBILITY The end r esponsibility for selection of all materials, as we ll as for all library activities, rests with the Director, who op rat es within the framework of established policies r ecommended by the Library Board and approved by th City Counc il . • I • • - • • • • -3 - Because it is desi rab le to have maximum participation of th e Library's staff in selecting library materials, the Director may delegate r esponsibilit y for selection to any of his subordinates . Such delegation does not r e lieve the Director of final re s ponsibility, but rather places the initial selection function at the level whe r e there is the g reatest contact with th e public and with the book sto ck . All staff memb rs ar enc ouraged to, and the general publ ic may , suggest and recommen d mater i als to be conside red fo r purchase . All r ecommendations are to be cons id ered by he Di recto r in the light of se lec tion po lic i e s . SELECTION AS MEANS OF CARRYI NG OUT LI BRARY OBJECTIVES Book selection policies necessarily beg in wit h famil i arit y with t he community, th e existing collections, and the servic es whi ch the Library is expected to perform . The purpose of the process is t o obtain e xpertly selected books and othe r matetials to further the Library's program of giving information , reference, guidance and help to those engaged in educ ational pursuits, as well as to provide g e nera l recreational reading. CRITERIA FOR BOOK SELECTION The Lihrary's policy is to purchase, or to a ccept as gifts, the best books which meet the needs of our community. Certain general c riteria are followed in selection : Importance of the subject matter to the collection Clear presentati0n and readability Scarcity of material on the subject Timeliness or permanence of th e work Appearance of title in special bibliographies o r indexes Authoritativeness Author's significance as wr ite r anJ his reputation Reputation and standing of the publisher Pr ic e Availability of material elsewhere in t he area Format BOOK SELECTION AIDS Th e Director and staff may wi s h to read many of the books to be added t o the collection. This is not poss ible or practical in every c ase , and s e l ection aids suc h as pub li sher's list s, cu rr e nt lists, special bibli- ographi es for referenc e books and particular subject matt e r and book review- ing journals may be used. Co mmunit y specialists should be consulted. • I • • • • • • -4 - ADULT BOOK SELECTION Points considered in adult book s e lection ar e lit e r ary, ed u cational, informational, and r e cr e ational value; authority; effec tiveness of presenta ti on ; qualities co nduc ive to c rit ical thou ght and unde r standing; and available funds. Co ntemporary and popular authors are inc luded, a s we ll as t hose wh o have demonstrated e nd uring worth. BOOK SELECTION FOR YOUNG ADULTS Readable adult ti tl es are selected th at are keyed to the you ng adult's n eeds and interests, as we ll as bo o ks that will tend to open up new interests t o the young pe r son . Titles writt en specifically fo r young adults a r e nat urally includ ed . Since these reade rs vary wid e l y i n ab il it y and ba ckgr o und, t he books selected fo r them will of ne cess it y vary in cont e nt and r ead ing difficu lt y. All titl e s are, however, purchas e d in th e hope that th ey will lead to continued r ead in g in adu lt fi lds o n as h i gh a lev el as possible fo r e a c h individual. The non-fi c tion bo o ks selected for young ad ult s ar e chosen to f it ei t he r th e average or accelerat ed student, no t the scho l ar. BOOK SELECTION FOR CH ILDR EN Th e basic poli cy of book select ion f or chi l dren is to buy sufficient co pies of the b es t c ur r e nt bo ok s and to r eplac e and duplicate o l der ti t l es wh ich have proved their valu e. Books are pr ovided f or slow, ave r age and gif ted r e a ders in all stages of de v e lopm e nt from be g inning r eade r t o adolescent. Se l e cti on covers all f i e l ds: books for r ec r ea t iona l reading; inspirational books of lasti n g val ue; boo ks of information cov e r ing a wide range of knowl edge which will satisfy the ch ild's natural curiosity and widen his i nterests. TEXTBOOKS The Librar y do es not purchas textbooks per se. The Li brary will purchase textbooks only if the bo ok is of value because of its cov e ra ge of a cert ain subject, its need in the book collection and the dema n d by th e ge neral public. The Library is not r es ponsible for buy ing a v olume solely because it is a textbook of a c la ss offer ed in the community . BOOK SELECTION FOR SCHOOL SERVICES Si nce it is the purpose of each school libr a r y to provide adequate materials to meet routine assignments, it is th policy of th e Eng lewood • I • • • • • • - 5 - Public Library to supplement the scope of these materials. The Library's books are se lected to provide educational and information services to the whole community, adults and children. The Library cannot accept the responsibility of duplicating the same book in suffic ient quantity to serve a total class. Rath e r, th e Library will try to fill these requests through the use of the resources on hand. Likewis e, the Library assumes no responsibility t o provide the same information in different forms such as books , periodicals, newspaper clippings and encyclope dias . CONTROVERSIAL ISSUES The Libra r y has a responsibility to keep on its shelve s a re presen tative selection of books on all subjects of interest t o its readers, includi ng books on all sides of controversial questions. A public library has no right to emp hasize one subject at th e expense of another, nor one s ide of a subject without regard to any oth er. Variety and balance of opinio n are sought whenever available. The Li brary will not apply any la bel , device or mark to indi c ate particular philo sophi es outlined in a bo ok. To do so is to esta blish a judgment in a reader's mind before he has had the opportunity to examine the book personally. Titles are selected on the basis of the content of the book without regard to the personal history of the author. As a responsibility of library service, books and other reading matter selected should be chosen for values of interest, information and enlightenment of all people of the community. In no case should any book be excluded because of the race or nationality, or the political or religious views of the writer. There should be the fullest practicable provision of material presenting all points of view concerning the problems and issues of our times, inter- national, national and local; and books or other reading matter of sound factual authority sho uld not be proscribed or removed from library shelves be cause of parti s an or doctrinal disapproval. Censorship of books, urg e d o r practiced by vol unteer arbit e rs of morals or political opinion, or by organizations which would establish a coercive con cept of Americanism, must be challenged by our Library in maintenance of its responsibil ity to provide public information and enlightenment through the print ed word . The Englewood Pu blic Library will enlist t he cooperation of allied groups in the fiel ds of science, journalism, education and book selling in resisting all abridgment of the free access to id eas and full freedom of e x pres sion that are the tradition and heritage of Americans. • I • • • • • • -6 - FICTION Fiction will be co n sidered fo r purchase according to the s am e ge neral criteria a s ot h er librar y materials . Best-se llers a re co n sidered on individual merit . Rec ognizing that th e reality of life is frequently the subject of lite rary p r esentation, the Library will sel ec t items whi ch honestly pr ese nt these observations of life, provided that th e presentation is do ne i n good tast e . Pornog raphy will not be purc has e d or a cce pted as g ift s by t h e Li brary. SEX ED UC ATI ON It is the policy of the Library to keep bo oks on sex educa tion on open s h e lves. Every ef fort i s made to ob t ai n onl y thos e materials whi c h are authoritative, b a lanced a nd up -to-date. RELIGION In the field of r e ligion, th e Library's selection must be broad and with o ut parti s anship or pr opaga nda. The selec tion of mat e rial s in thi s f i e l d must b e consistently direct e d toward th e choice of th e be st as r egards autho rit y, timeliness and good l i t e rary qu ality. An impa r tial r ecog nit io n of all r elig ion s is th e collection goal. SD!l AND PSEUDO-SCIENTIFIC HATERIALS Sp ec ial ca r e must be taken in th e pu r chase of book s in th o s bo rd e rlin e a r e as of s c ienc e in whi c h subjec t mat t e r or tr e atment is no t r ecogni zed by r eputable scientific authorit y. The fol lowing r equirements are helpful in deali ng with qu e stionable borderline materials in the fie l ds of scien ce and he alth: author, publi sher, source, content and purpose, style and fo rma . HEDICAL AND LAW BOOK S The Library does not purchas e technic al me d i cal o r law buoks since th ese books are availabl e i n spec ial libraries. Ge ne r al me dica l b oo ks writt e n in a no n-te c hnical manner for the guidance of t he ge n e ral public, and ge n e ral books on l a ~< writt e n for t h e layman may b e purcha sed. Books dea ling with pr oblems of general health must b e selec t ed wit h pa rticu lar ca re gi v e n to th authenti c i ty of the author and the r eliab il ity of th e pub li she r. • I . - l • • • • - POLI CY ON USE OF TH E Lin RARY HEETING RO ONS The Library Meeting Roo ms wi ll be availabl e fo r the us e of e ducational, library oriented group s at time s when it i s n~t be ing used for librar y purposes. Th e Director shall make sched uling a rrangements and determine wh e ther o r not the purpose of the group me e ts qua l if ications f or use of the r oom. The followin g rules shall apply: l. Groups may not c ontain mo r e than 75 person s. The pe rson schedulin g th e me e tin ~; mu s L noli (y th e Librnr y of the approxi mn t e number of choi rs needed at least one d ay before th e meeting. 2. No rental will be ch arged; th e ro om may not be us ed when admission or tuition is char ged. 3 . Light refreshmen ts such as cookies and coffee may be served . A 30-cup maker is available, bu t cups, spoon, coffee, etc., must be furnished by th e user . If prior a rrangements are made the Custodian will make the coffee, furnish c u ps e tc., for $3.00 per pot. 4. Gro up s using th e ro om and its facilities will be r e spon sible for its physical cond ition and reasonable neatness, and r epair of damage, i f incurre d. A d e posit may be requir e d. 5 . Any pe r son or pl!rson s us ing the Hee ting Room s s ho ll o g r ee that they will not look to th e city for injuries that may r esul t wh ile on the premises. 6 . Gro u ps u si.ng t h e ro o 111 s h:1l l be r "s po n s ibl e for th e prope r condu ct of thos e attendin g th e f un c tion. 7 . Evening meeting s mu st c lose b y 10:00 p.m. Rest r oom facilities are in the Library which close s at 9:0 0 p.m. Any Libra ry equ ipment be ing used in the Me e tin g Roo ms must b e returned to th e Lib rary by 9:00 p.m. 8 . Ch ildr en or t e nage g r o u ps must have an adult supe rviso r present at all Limes. 1( Lh ... · g t4 ou p LtH t L~i.n ::; mo n : t h an 1 5, two s 11 pv rvl s o r s sh:1ll h f' pres e nt. 9. Smoking will b e pe r mi t e d in the f oyer only. 10. No alcoho l wi ll be pe r mi t t e d on t h e premises. Me e ting Room Use: Da t e Time (Signature) ______________________ __ Number of Pe ople • I • • • • • • DISPLAYS Displ ay ar eas in t h e l ib r ary consist of a l ocked g l ass ca se i n t h e foy er and spac e f or hang i n g ma terial s alo ng t h e entra n ce aisle in side t h e library . Th e r e i s a lso s pa ce a v ai l ab l e (o r h a n g i n g mate ria l s a long the wa ll whi c h i s in th e chi l dre n's section . 1 . Fir st cho i ce f or di s pl a y spa ce wi ll be g i v e n to En g l e wood schoo l s a n d school tiL udent s , t hen t o g ro u ps f rom Eng l e wood, and third t o Englewo od i ndiv i dua ls. Schoo ls, groups a nd in di v i dua ls from Ar a pahoe County a nd th e surro unding metropolitan are a will b e considered n e xt i n priority . In a l l ca s es , c onsid e r at ion wil l be g i v e n to thos e s choo l s, g roups a n d indiv i dual s who hav e n o t exh b i t ed pre v iously in the En g l ewood Library. 2. Works sho u l d have arti stic q ualitie s a nd b e o f such artist i c merit t ha t they wil l be of ge n e ral interes t . 3 . Displ a ys mus t be b oo k ed in ad v ance . 4 . Di s p la ys a r e booked for s pe c ific dat e s r a n g ing in du ration f rom two t o fo u r wcpl·s . 5 . A prc v i <'w o f th e displ.,y or ,, s amp l e o f th e wo rk s t o IH' di s played s h o ul d be sh01"'1 Lo t h e pe r son 111 c ha r ge of sc heduling who h as a u t ho r i ty to se l ect c~h ibito r s. 6 . Ex h ibi tn•·s are r es pon si hiP fo r h a n g i n~ a nd a rrang in g their d i s pl ays a n d a l so l ur d ismantl ing. 7 . Th e li br ary will n ot b e held respo n sible fo r any los s o r damage durin g t h e exit i hi L . 8. Di s p l ,y· .. o l c•l y con•m c t·ci 11 in co nL c nt a r not allowed. An y ti alcs t ran s- ac t ion s mus t be conduct ed between exhib itor a nd purc has e r . 9. Information r egarding ea c h wo rk such as title, media, name of e xhibitor , s h ould b. p laced on th e p i,·ce, and an index to th e d isp l ay sho u ld be l e(t at th e circ u la t ion desk . 10 . Th e fr cq Pnc y with whic h ~roups a nd i ndividuals wil l be p e rmitted t o pla ce :111 e x hi bit in th e library will de pend o n t he t im e and s pa ce a vail- abl e. ·'individua l wi ll he g iven d is play s pace mo r e than once a year. • I • - ( • • • • City of Englewood January 10, 1979 TO : Honorable Mayor and Members of the Englewood City Council F ROM : Earl Ladewig, Chairman of the Englewood Employees' Pension Board 3400 S Elal1 Sir eel Englewood Col orad o 80110 Phone (303 ) 761 -1 140 SU BJECT : The bill fo r an ordinance amending Chapter 9 , Title V, of the 1969 Englewood Mun icipal Code The Englewood Employees' Pension Board met on January 9, 1979 to discuss among other items, the bill for an ordinance amend- ing Chapter 9, Title V, of the 1969 Englewood Municipal Code as it relates to the City o f Englewood retirement plan. Thi s bill will appear on the January 15 , 1979 Council agenda. The Board determined that this bill satisfactorily provides f or the changes they requested in their memo to Council on Nov e mber 29, 1978, a copy of which is attached. These changes are: 1 . Replacing one Council member on the Board with the Director of Finance who would be appointed by the City Ma nager to serve on the Board as a voting member. 2 . Requiring all disability retirement applicants to appear and be heard by the Board before the Board can recommend to the City whether or not the employee should be granted a disability retirement. Pleas e note the bill also addresses redefining the term "emp loyee" for clarity purpos e s i n the retirement plan ; and even though this ch ange was initiated by the City staff, the Board concurs with the recommended language. Ther efore, the Englewood Employees' Pension Board recommends that the City Council pass this bill for an ordinance amending Cha pt e r 9, Title V, of the 1969 Englewood Mun icipa l Code re- lating to the City o f Englewood's retirement plan, redef ining • I • • r ( • Honorable Mayor and Members of City Council January 10, 1979 Page 2 • • • the term "employee", requiring disabl e d em ploy ees to make appli - cation fo r retirement and modifying the memb ership of the Re - tirement Board on first reading and second read ing . On behalf of the Board, I thank you and the Council for al low- ing the Board extra time to review this bill for an ordinance f or the purposes of recommending its passage or defeat. Sincerely, ~d~ Chairman Englewood Employees' Pension Board I j lw attachment • I • • - ( • • • • City of Englewood TO : Honorable Mayor and Members of the City Council 3400 S Elatr Street Englewood Colo rad o BOt 10 Ph one (303 1761-11"0 FROM: Earl Ladewig, Chairman of the En glewood Emplo y ees' Pension Board DATE: November 29, 1978 SUBJECT: Sugbested Changes to the En g lewood Employees ' Pen s i on Plan, Title 5, Cha p ter 9 of the En £lewood Munici ?al Co d e The Englewood Em p lo yees' Pension Board has been meetin ;; over t he last year to review and discuss various matt ers about the cur- rent En ~lewood Employees' Pension Plan. Th e Board has had some difficulty in getting a quorum for some of its meetin gs. Part of the ?roblem lies with 5-9-40 Englewood Municipal Co de wh e re by a quorum of 5 is required to hold an official meetin g. The re are 7 members on the Board. The other probl em area lies with conflict of meetings with the two members of the Cit y Co uncil _ i-lany times the Councilmen have other commitment s and are un ab le to attend. The Board is requesting that 5-9-38 -of the En g lewood Municipal Code be changed to eliminate one Council member and ad d the Director of Finance to be appointed by the City Mana ger to the Board as a votin6 member. Council would sti ll have a r ep re senta -tive on the Board. The Board is als o concerned about disabilit y retirements. The Englewood Munici~al Code is unclear whether a disab ility cas e has to be heard before the Board before a disabilit y is g rant ed . In one ca se, a n employee was terminated for disab ility reason s without a hearing before the Board . The Board is of the opinion tnat all disabilities should be heard before an employee is terminated and that the Board should recommend to the City wheth e r or not the employe e should be g rant ed a disability ret irement. • I • - • • • • Honorable Mayor and l'1em bers of the City Council November 29, 1978 Page 2 The re f ore, we a re re~uestin g the City Counci l to amend th e Municipal Code so that all disability reti r e t.,e nts com e befor the Boa rd . ~hank fO U for your considera tion oi these items. Sincerely, ~~7) Chairman Englewood Emplo yee s' Pension Board /JLW • I . - • ( • • • • BY AUTHORITY COUNC IL BILL NO. -, SERIES OF 1979 . INTRODUC ED BY ________ ~~~~~~·~~----------------------------------------- A BILL FOR AN ORDINANCE AMENDING CHAPTER 9, TITLE V , OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE", REQUIRING DISABLED EMPLOYEES •ro MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORA DO, as follows: Section 1. Tha t subsection (d) of Section 3, Chapter 9, of Title V, in the '69 Englewood Municipal Code is hereby amended to read as follows: Section 2. 5 -9-3 : DEFINITIONS Whenever used in the Plan, the following terms shall have the respective meanings set forth below, unless the context clearly indicates otherwise: (d) "Employee " shall mean any person employed by the city on a permanent full-time basis, Br~~~~~~~~hM~¥B~~~·ee. For the purposes of this retirement plan, police offic e rs, paid fire fighters and elected officials shal l not be considered to be employees . That subsection (a) of S ec tion 19, Chapter 9, Title V, of the '69 E.M.C. is hereby amended to read as follows: 5-9-19: DISABILITY RETIREMENT (a) NO member THAT HAS COMPLETED FIVE OR I • ( • Section 3 . • • .. MORE YEARS OF CRED I TED SERV ICE SHAL L BE TERMINATED FROM EM PLOY MENT BY REASON OF DI SAB IL ITY UN T IL SUCH TIM E AS THE BOAR D SH ALL HAVE DE TERM INED THAT SAI D MEM BER QUALIFIES FOR DISABILITY RETIREMENT AS PROVIDED HEREI N . A member ~haii be e i ±~±bi e £er a e±sa b ±ii~y re~ireme~~ ±£ k±s empi eymen~ w ±~h ~he e±~y ±~ ~ermin a ~ed by rea s e n e £ a disab ±i±~y , pre~ided ~ha~ ke ha s ee m pie ~e d £±ve f 5t er mere years e£ ere d i ~ed se rv iee. Pa y me nt of a disability r et i rement b e n e f i t shall comm e n c e as of the f i rst day of the month n e xt following t h e date o f r e tire me nt , pro vide d t h at the mem ber is no t c ove r e d b y the city 's long -term disability p l an . I f the me mb e r is cove r ed b y suc h lo n g -te rm disab ili t y p lan , pay ment o f the d i sability retire me nt b e n e fits p ro - v ide d h e r e u n d e r s ha ll c omm e nc e o n t he first d ay of t h e mo n th next fo llow ing hi s n o rmal r eti r e ment date . The last payme n t s h al l be made as of t he fi rst day o f the mo nth in whi c h t h e death o f t he r e t i r ed me mb e r occu r s or his d isab i lity c e as e s , whiche v e r f irst occ ur s. I f disability cease s on o r a fte r his normal r e tire me n t d ate and h e d o e s not re t u rn t o full -time empl o ym ent wi t h t he city , hi s d i s a b ili t y r e tire men t be nefit s h all be continued in the same man n e r a s if h is di s- abil i ty had cont i n u ed . That Sectio ns 3 8 a nd 39 o f Chapte r 9 , Ti tle V , of t h e '69 E .M.C . are here b y ame nde d t o re ad a s f o llows : 5 -9-3 8 : RE TI REMENT BOARD The re is here b y cre ated a b o a r d t o b e kn own as the "Retirement Board of t he City of Englewood ," which s h al l b e c o mp osed o f s e v e n (7) member s. ON E (1 ) MEMBER SHA LL BE AN ELECTED ME MB ER OF THE CI T Y COU NCI L , WHO SHALL BE SELECT ED BY A MAJO RITY OF THE MEM BERS OF CITY COUNCIL . ONE (1) MEMBER SHAL L BE TH E DI RE CT OR OF FINANCE APPOI NTE D BY THE CI TY MANAG ER . Two (2) s~ek memb er s sh a l l be employe e s of the ci t y who are memb ers of t he Plan , who s hall b e selected b y a vote of a l l such me mbers in -2- I • - • • Section 4. • • • accordance with such procedures as the City Manager may, from time to time, adopt therefor . Three (3) members shall be taxpaying electors of the City of Englewood, who shall be selected by a majority of the mem bers of City Council . In addition, the City Manager, or his designee, shall serve in an advisory capacity , as an ex -officio, non -voting member . 5-9-39: TERMS OF OFFICE The terms of office of each voting member of the Retirement Board shall be for four years, providing SAID MEMBER continue s to possess the qualifications therefor set forth in Section 5 -9-3 8 during THE MEMBER'S TERM , provided, however , that the terms of office for those members originally elected shal l commence on December 1 , 1969 , and shall be as follows: (a) One employee member shall serve until February 1, 1972 , and one shall serve until February 1, 197 4; (b) THE COUNCIL MEMBER SHALL SERVE DURING HIS TERM OF OFF ICE AS A COUNCIL MEMBER; (c) THE DIRECTOR OF FINANCE SHALL SERVE DURING HIS TENURE IN OFFICE AS S UCH DIRECTOR OF FINANCE : and (d) One elector member shall serve until February 1, 1974, and two elector members sh all serve until February 1, 1972. In the e vent of any vacancy occurring in the membership of the Retirement Board, the same shall be filled, for the duration of the unexpired term only, in the same manner as if provided in Section 5-9 -38. That all ordinances and parts of ordinance s in conflict herewith are hereby express ly repealed . -3- • I • • - • • • • Introduced, read in full and passed on first reading on the _____ day of January, 1979. Published as a Bill for an Ordinance on the _____ day of January , 1979. Mayor ATTEST: ex offic~o City Clerk-Treasurer I, Will iam D. James, do hereby certify that the above and foregoing is a true , accur ate and comp lete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of January, 1979. ex officio City Clerk T reasurer -4- • I • • ( • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting December 19, 197 8 Th e meeting was called to order at 5:10 P.M. by Chairman Gibs on. Members present: Schnackenberg, Gibson, Best, Harper, Ullery, Witthus Members absent: Mann, Taylor, Feamster Also present: Stewart H. Fonda, Director of Utilities I. CONNECTOR'S AGREEMENT WITH DENVER FOR SANITARY SEWER TAPS IN NORTHEAST ENGLEWOOD Mr. Fonda stated that in order to provide sewer treatment for th.e resi<tents in Northeast Englewood that it would be wise to accept the agreement with Denver. There is presently 128 taps from Englewood that are connected to the Denver system. The only way that Englewood could provide sewer for this area would be to install a lift station. Mr . Schnackenberg moved; Mrs. Ullery seconded : That the Board recommend t o the City Council approval of the Connector's Agreement with the City and County of Denver for sanitary sewer. Ayes: Witthus, Ullery, Harper, Best, Gibson, Schnackenberg Nays : None Absent : Mann, Taylor, Feamster Motion carried. II. REVISION OF CODE 15-3-16 WHICH STATES THAT THE CITY WILL MAINTAIN METERS AND 15-3-17 WHICH RELATES TO DELINQUENT WATER BILLS 6 , I . • • • • -2- Mr . Fonda stated that the ma intenance of the mete rs will be furnished by the City and that the exception would be in the case of malicious daMa ge . The portion of the code wh ic h relates to delinquent bills should corre- spond with the statements that are received by the users. Mr. Schnacken berg moved; Mr. Best seconded: Th at the Board recommend the City Attorney prepare the necessary code revisions on #15-3-16 and #15-3 -17 for Council approval , Ayes: Schnacken terg, Gibson, Best, Harper, Ull ery, Witthus Nays: None Absent: Mann, Taylor, Feamster Motion carried. III. BI-CITY PLANT OPERATION Mr. Witthus stated that the odor from the wastewater treatment plant was still as bad as ever and wanted to know if anything was ever going to be done by the engineer to correct this situation, Mr. Harper replied that the engineer was presently working on the! system and the Council had giyen them orders to improve the system immediately. The Board requested Mr. Fonda to have Mr, Brookshire present at the next meeting in January in order to answer some of the questions pertaining to the wastewater plant . Mr. Harper departed at 6:00 P.M. IV. WATER IMPROVEMENTS AT THE ALLEN TREATMENT PLANT Mr. Fonda stated that the preliminary plans had been received for the planned improvements at the plant. He pointed out certain areas · of interes t to the Board on the various stages of construction, Meeting ad j ourned at 6:45 P.M. • I • • r • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD December 19, 1978 CONNECTOR'S AGREEMENT WITH DENVER FOR SANITARY SEWER TAPS IN NORTHEAST ENGLEWOOD RECOMMENDATION: That the City Council approve the Connector~ Agreement with the City and County of Denver for sanitary sewer. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By~--~~--~~--~ki?~ Thomas E. Gibson, Chairman Attachment #1 • I . . • DATE: SUBJECT : • • • MEMORANDUM TO THE ENGLEWOOD CITY COU~CIL REGARDING ACTION OR RECOMMENDA TION OF THE ENGLEWOOD WATER AND SEWER BOARD December 19, 1978 REVISIO N OF CODE 15-3-16 WHICH STATES THAT THE CITY WILL MAINTAIN METERS AND 15-3-17 WHICH RELATES TO DELINQUENT WATER BILLS RECOMMENDATION : That the City Council recommend the City Attorney prepare the necessary Code revisions on 15~3-16 and 15-3-17 for Council approval, Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By -=----:-;:---,;-.,-----,_,;-;------.~..W......,_;e_=Thomas E. Gibson, Chairman Attachment #2 • I . • • • • • Note January 12, 1979 TO: Mayor and Members of City Council RE: Additional Items for Council Agenda I am enclosing two items to be added to your Council agenda packets. The first item -memorandum from Stu Fonda -should be attached to the minutes of the Water & Sewer Board (Item 6(b). The second item- memorandum concerning personnel at the Wastewater Treatment Plant -will be considered und er Manager's Choice. Si7le~~.· . llwr AifDY M~WN City Manager ph Enclosures cc: Jim Curnes, Assistant City Manager B. V. Berardini, City Attorney~ Hugh Brown, Administrative Clerk • v I • • • • • • • • MEMORANDUM TO: Andy McCown, City Manager FROM: Stewart H. Fonda, Director of Utilities DATE: January 12, 1979 66 SUBJECT: RATIONALE FOR MUNICIPAL CODE CHANGES 15-3-16 AND 15-3~17 15-3-16 -Meter Requirements: {a) {2) The city parks have been included along with the publtc scnoo l s as specific customers to be afforded the financial benef tt of ~omhtned accounts". This means that the City could combine al l water usage measured by the city parks meters and apply the appropriate water rate to the total volume used quarterly. The Parks Department would thereby gai~ the advan ~ tage of paying for virtually all of their water at the .55¢ rate ratner than the .89¢ rate. {b) Lines 11-12, the sentence "The service pipe may be one (1) size larger beyond the meter" has been omitted to allow a greater differential where circumstances justify such. We see no reason to forbid the i nstallat ion of a 5/8" meter to replace a 1" meter where a di fferent usage (e.g. restau-rant to office space) justifies same . (b) Lines 12-20, the Code now provides that the owner shall bear the cost of maintenance and replacement of water meters 1-1/2 " in size and larger, Additionally it provides that where repairs to meters 1~ and smalle~ wi11 cost more than SO% of the cost of a new meter, the owner shall have the choice of paying for the repair or purchasing a new meter . Under the proposed revision, the City would assume responsibil ity fo~ repair and replacement of meters regardless of size and condttion. The sole exception to the rule being a case of malicious damage or negligence, The reasons for the proposed changes are: 1. The City has primary interest in insuring that the meter in service is accurate since inaccuracies normally are on the low stde as mechanical parts deteriorate. 2. In the smaller meters it is now normally cheaper to replace meters rather than repair same due to escalating costs of both labor and parts. Therefore, we prefer not to offer the customer the option of requesting repair. I • • • • • • Memorandum to Andy McCown January 12, 19 79 Page 2 3. In the larger meters, errors in measurement of flow can be si gnif - icant to both the customer and to the utility. Under the present system, the utility must request that the customer have his meter tested and, if appropriate, replaced. The utility would prefer to repair/replace these meters directly as a matter of right, 4. The current water rate was designed to include the cost of repa ir and replacement of the water meters, To require the customer to bear this cost would be to charge the metered customer twice for the same service. 15-3-17 -Delinquent Water Bills Provide~~ "Water btlls on metered rates and schedu1ed flat rates become qeli'nquent thirty (30) days after the date of the billtng, Scheduled flat rates become delinquent thirty (30} days after the beginnin g of t he quarter for which they are rendered." Resolution #48, Sertes of 1977 Provides: "Payment: All bills are due and payable upon receipt of same and become delinquent fifteen (15} days after date of bf11." Resolution 147, Series of 1977 Provides: "Payment: Flat rate bills will be due quarterly on advance and will become delinquent fifteen (15} days after the beginning of the quarter for wtn'ch they are rendered." This change is reco~~~~~ended to make the Code consistent with Resolutions adopted more recently by the Council, by adoptinq the 15 day period in the Code. Stewart H. Fonda SHF/kr Encl . I • • -• • • 15-3-16: METER REQUIREMENTS (a) Owners of property with connections for residential use having taps ~ one inc h in diameter or larger; or for c omm ercial use of any kind regardless of size of taps or service ; or for residential use on premises with wading pools, or other containers, whether permanently installed or not, with a capacity of 2,000 gallons or more, which are filled from city supply, will be required to install water me t e rs. The rates for metered service shall be fixed by resolution o f the City Council; provided, however, that one (1) bill for all wate r used, composed of the sum of minimum charges for eac h meter used and a single quantitive charge for all water use d, may be issued in the following cases: (1) Where water service is taken through a combination of meters or through meters on two (2) or more service pipes, if water serviced through each of such meters and service pipes shall be del i vered and used on the same pro e rty holding in the prosecution of one (1) general purpose, or a single enterprise on an integrated ho lding of land, undivided by publi ~ streets, roads or alleys. (2) For all public schools, and city parks. even though the meters may be situated on separate properties . (b) In any case, when the Director of Utilities deems it to be the best in- terests of the city and water consumers, he may require any scheduled flat rate user to take his water through a meter at the rates set by the City Council and in effect at that time. Whenever a meter is to be used, it shall be supplied by the Water Division. Meters supplied for new metered accounts shall be supplied at the cost of the user. All meters installed must be the same size as the size of the service pipe, except where premises have been vacated by a class of business or other prem- ualifying sentence omitted ises that required a larger service pipe to supply the demand and are reoccupied by a business or other use that requires a smaller amount of water, when the size of the meter be reduced accordingly ;f All consumers' • water meters shall be serviced and maintained by the Water Division, l'.l.nd the cost thereof paid by the city, except that in the case of malicious damag e, the cost of repair or replacement shall be paid by the owner of the meter. All meters shall be set or reset ina proper waterproof and frostproof pit within the limits of a public s t reet or alley or inside a building located on the property to be served , but in every case the meter mu s t be located: • I • - \. • 15-3-17: • • • (1 ) So as to allow free and nonhazardou s acc e ss for r eading , remova l, inspection and replacement. (2) When located inside a building, the meter shall be set so that the entire supply of water to the premises will be controlled by i t at all times, and shall have valves on both sides o f the me t e r . (3) When the rules and regulations of the Water Division r equire meter- ing and more than one (1) service line is in u se o n a fla t rate basis, each such service must be metered or cut off at the main concurrently with the meter installati on at the custome r's expense. (Ord. No. 1, par. 8.6-5, Series 1968; Ord. No. 3 7 , par. 8 .6-5, Series 1968) DELINQUENT WATER BILLS Water bills on metered rates and scheduled flat rates become delinquent fifteen (15) days after the da t e of the billing. Scheduled fl at r ates b e - come delinquent fiftoep ClSl days after the beginni ng of the q uarter for which they are rendered. Water is subject to turnoff without notice when- ever a bill therefor has become delinquent; provided that the Water Division shall give a five-day written notice before actually turning off water for nonpayment. Such notice shall be effected by regular mail to the owner or occupant of the premises for which the charge is due. The obligation to pay promptly for water service is not in any way affected by failure of the owner or occupant of the premises served to receive a bill for the service. (1962 Code, 8.6-6; Ord. No. 11, par. 3, Series 1972) • I . - • /V 1 ,., -..--, L. (). f .) , _ _).J r • • • 15-3-16: METER REQUIREMENTS (a) Owners of property with connections for rcsi de ntia! use having taps one inch in diameter or larger; or, for commercial use of a ny kind regardless of size of taps or serv ic e ; or for residential use on premises with wading pools, or other containers, whether per- manently installed or not, with a capacity of 2,<Xl0 gallons or m o re, (11 (2) 15 ·3 ·16 Where water service is taken t h ro u g h a combmation of meters , or through meters on two (21 or more s ervice p ipes, if wa ter serviced through each of such meters and service pipes s h a ll be delivered and J!Sed on the s ame property hol d ing in the ""''"r"'•t.i o'\ of,pne! 11 general purpose, or a s ingle ente rpn5e on on !.!:.'..:8!! ·.ed holding of land, undivided by pu bhc s t reets , roads or alleys... A-'D ,; ••• "' For all public schools, e v en though t.h e me ters may be situated on s~.>parate ·propertie's. (b) In any case, when the Director of Utilities deems it to be the best interests of the city and water consumers. he may requ ire any scheduled flat rate user to take his water through a meter at the rates set by the City Council and in effect at that time. Whenever a meter is to be used, it shall be supplied by the Water Division at the cost of the user. All meters installed must be the same size as the size o f t he service pipe, except where premises have been vacated by a class of'" business or other premises that required a larger service pipe t o supply the demand and are reoccupied by a business or other use that requires a smaller ~ount of water, fihen the size of the meter , be reduced -accordingly.l!:!te. service pipe may be one ( 1 I size larger · ' Af-~~tt beyond the meter/ All consumer's water meters one (11 inch· or- smaller in size ~all be serviced and maintained by the Water "i Division, and the cost thereof paid by the city,(except that in the case of malicious damage, the cost .of the repair s)tall be paid for by the owner of the meter. ,Shouia the cost of the ··i'epajr of a merer'' ll exceed fifty percent (50%) olthe cost of a new meter. the owner of the eter shall have the choic · · f re a ir or .. _paymg or the cost of a new meter, ,The repair or replacement of al · meters over one ( 1) inch in size shall be paid for by. the owner of the e AI( meters shall be set or reset in a proper watertight and r-'~""'-' frostproof pit within the limits of a public street or ·alley or ins ide a building located on the property to be serve d , bu t in every case the meter must be located : (1 I So as to allow free and nonhazardous access for rending, removal, Inspection and replactment. (2) When located inside a buil ding, the m eter shall be set so that t h e entire supply o f water to t he premises w ill be c ontrolled b y i t a t a ll times , and s hall h ave va lves on bo th sides of t he me~ 457 ;.,. '2 • • I • • • • • • • MEMORANDUM TO: FROM: DAT E: SUB ECT: Mayor and Member s o f City Counc il Andy McCo wn , City Mana g er January 12 , 19 79 PERSONNEL AT BI-CITY PLANT 8 This memorandum will serve as a fol low-up t o the req uest ma de at Thursda y nigh t's joint me eting c on cerning personn l at the i-City as t e water Trea t-ment Plant. To give you some bac kgro und on this s bj~c t , we pr sented a requ st t o yo u at budget time to hire ten add itional personnel for the Plant in 19 79. We spent considerable time at th budget retrea t on th i s subject and e ventually received yo ur approval. At that t i me I also stated to you that I was s ome- what frustrated c onc e rning the number of personnel need~d to run the Plant as we seem ed to have d iffe rent es timates fr om everyone concerned -s t af f, EPA, HDR, and the first di r ector of the Pla nt , who only staved with u s two months. At a regu lar Council meeting on October 16 , 19 78 , t he odors f r om the Plant were discus sed and Co unci l ordered t hat we pro ceed immediately in h i r i ng ten additional personnel and no t wa i t unt il 1979. I was attend i ng the I CMA Co nfere nc e in Cincinnati at t hat t ime and was no present to adv is e you on this matter. As of this dat , we have a net i ncrease of five ad d itiona l personnel as others have resigned since t ha t t ime. This gives us 44 of the authorized 49. One of the main pr oblem areas ha been i n t he recruitme nt of operators . We have recru ited tw ice and have not had any app lic ants with the necessary "C" certific ation. At Thursday nigh t 's meet i ng, Hr. Bud Ben j es of Culp, We sner and Cu lp r eported that we shoul d be ab le to g et by with less than the 49 authorized personnel on c e t he Plant i s r un ning smo o thly and in a rou ine manner. Th at then brought o n a discus s ion o f whe he r or no t t o c on - tinue recruiting for the additional five people. I stated tha t I would pre- fer not to hire the additional five but rather wa it and see how t h e Plant was go ing and hire on "as needed" basis. Th is would r eq u i r e a rescission of your motion made at the October 16 meet i ng. Council concu rred in this and aske d tha t I pr epare t his memorandum to effectuate a motion at Monday's Council meet i ng t o r e s cind t he dir ective t o hire ten additional persons and t o g ive me the d irec t ion to hire a s s needed wi thin t he adopted budget for 1979 . Jimmy E. Curnes , Assistant City Mannr£r K lls Waggo ner , Director of Publ c W ks William BP,ok~~ire, Dlrec or of ~a s ew ter :re t ent • I • - • • • Oc tober 16, 1978 P age 14 • • • Acting City Ma nager Waggoner requested a study session with John Criswell some time in the next t wo weeks to discuss th e Atchison case. Acting City Manager Waggoner stated Mr. Criswell has requested approximat ely one ho u r to discuss the cas e. COUNCILMAN CLAYTON MOV ED TO SET THE STUDY SESS I ON FOR WEDNESDAY, OCTOBER 25, 1978 AT 6 :0 0 P .M. Counc i lman Wi ll i am sec onded the moti on . Upo n a call o f the r oll, the vote re s ulted as follows : Ayes : Nays : Council Members Ma n n, Wi ll i a ms , Web er , Smith, Harper , Clayton , Ta y l or . None . The Ma yor declared the mot ion carr i~d . * * * * * * Act ing Ci ty Manager Wa ggon er requ est e d Co uncil's per - mission to have a study session on Oc tober 30 , 1978 a 5:00 p .m. to discuss the Mission Viej o wat er a nd recreation facil it i es and Mr. Walt Imhoff's presentation of a bond issue fo r a county court house. Counc il agreed to hold a study ses i on at thi s time . * * * * * * Acting Ci ty Manijw~r Waggon~r trans mitted a memorandum concerning the cost of concr et e repairs fo r Keny o n Avenue. Act i ng City Manager Waggone r stated a total of $2 0,000 will have to be ap propriated if the work is to be done in 1978. He re q u e st ed Council's authorization to have t h is work co mpleted and hire a contractor within one mon th . COUNCILMAN MANN MOVED TO POSTPONE THIS MATTE R UNTIL THE STUDY SESSION ON OCTOBER 23, 1978 . Coun cilman Harper sec- onded th e motion, Upon a call of th e roll, the vot e resu lted as follows : Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None, The Mayor declared the motion carried , * * * * * * Council discussed at le ngth the problems invo l ving the od or emitted by the Bi-City P l a nt . Mayor Tayl o r stated 10 addi- • ) I • - • • Oct obe r 16, 1978 Page 15 • • • tional people are budgeted in the 197 9 bu dget to he l p in the operation of the plant. The Mayor suggested Council approve the hiring of these additional p eop l e immediately so that op- eration improvem~nt s could be started this year . The Mayo r reminded Council the engineering firm advised th at add it ion al people to help run the machines woul d improve the overal l op-eration of the plant . Councilman Weber suggested t he City write a J e ter o t h e engineering fi rm warning them they have 60 days to s ol e the odor problem or th e City wil l sue. Councilman Smith s uggested inviting Littleton to join Englewood i n an e ffor t to put pressure on the manufa cturers of the machine s and th e insta llers to make sure the machines are functioning proper ly. Counc ilman Weber ques tioned whether 10 add itional people would actual ly resolve plan t ~roblem s. COUNCILMAN SMIT H MOVED TO IMPLEME NT THE HIRI NG PROGRAM FOR THE BI-CITY WATER TREATMENT PLANT IMMEDIATEL Y. Co unc i lma11 Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Cou nci l Members Man n, Smith, Ha rper, Clayton, Tay l or. Council Me mbers Willi ams, Weber. The Mayor declared the motion carrted, Council directed the City Attorney to draft the letters c opying the EPA and br ing them back to Coun cil for approval. Council also directed the Ci ty Attorney to determine whether or not to in-v olve the City of L ittle ton. Councilman Weber suggested Council s o li c it the help of DRCOG in th is matter . * * * * * * May or Taylor requested Co unc il to consider a increase in salaries for Council members for 1980. Mayor Taylor s t at ed the amount now received does not nearly compensa te for th e t i me and effor t each man spends serving as a Cou ncil membe r. Councilman Mann stated he directed the City At torney to draft a n ordinance for the first Counc il meeting in No vember • I • • • • • APPLICANT: Fratelli's Pizza 1200 E. Hampden Ave. TYPE OF ACTION REQUESTED: • • • COUNCIL ACTI ON RE QUEST LIQU OR AND 3.2 BEER OUTLETS Annual Renewal -Hotel/Restaurant liquor license POLICE AND FBI REP ORTS: See attached PREVIOUS CITY COUNCIL ACTI ONS DURING PRIOR TWO YEARs, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMdENTS: • 6 c I . - • • ( • • • .._;l.A' 'u'-'...Q I A II: ur ~UI.U~AUU '!.!.AITMENl OF VENUE RENEWlLAPPUCATION FoR MALT, VINOUS JJ~...A.--::1:-::==,..,..=-==-==+-=--- lliD31AI-2741 N(D SPIRITUOUS LIQUOR LICENSES (GET APPROVAL OF LOCAL UCENSING AUTHORITY FIRST) JAMES L PLtMMER CO fRATElliS PIZZA 1200 E HAMPDEN EHGLE WOO CO 80110 ,. LIQUOR ENFORCEMENT OFFICER'S ACTION 12--JJ-7/ AI'PIIQIIED bATK soGNATull• MMIInt Addreu ___ ,;.·------------- (IF THERE IS A CHANGE IN OWNE~O NOT USE THIS FORM . USE AN ORIGINAL APfLICATION.) IMI'Of!TMT . MAII!AQU'SII!AMI ............... MAKI CHICK OR~-........ < lEE !NITRUCTIONI "AI'I'LICANT IS A COR.-c)RATION. f!L~E 1!01. ORDER PAYMLE TD THE 1 '1 ON THE REVERIE . 1. COlDRADD DB!ARTMENT I! DE . -Ill PHONE ND . DF REVENUE . -: TOTAL FEElS) ·1 :...,., .. s 301.25 f ., ' ' ·. / ·.. ... ~-.: . Do you ·llt,~ ~J~~ .. tio pr~-for~'!/' lhio -flc.tlon for lice-io rrwdo1 ___ ~4o!ool!~h::L _____ ~---'---- Are tho pr~~.9f,NIIIod1 ~ II rontod , .tfoctiw6 oxpirotion doto oll_:_.:.._ _________ -r--- 11 appllcentb) or ell offtcen of the corpor•ti on , citi zents) or le wfully ldmlned of the United St1m of America?......!"'f-g,.~,_=~------ lothooppli .. m, or ony of tho...,._., or ony oltho ollicon, otocltholdoro or diroctoro of aid opplantl~ h ilo oo,.,.tionl , ) or employ-of ony .,ch, undwlho ... ol ,_,lyoOno yoorol ________________ v. ___ ...!..,._ H .. the eppliant, or any of the Plf1Mn, or any of the officen, ltockhokfen or directors of ukt appllc.lnt (if tt it 1 corpora ~ t ion) ev. been corMct.S of e felony in the State of Colorado or been convict.S of e crifne elsewhere Wllhic:h would conttitute o lolony H ouch a-irno hod-oommhlod in tho 51010 of Colorodol iloo, .,.to lull dlllilo ______ _:Y•----- Hot tho -Iicon!, or ony of lho pertnoro, or ony olficw,diroctor or otocltholdw of aid opplicontllf it ilo c:orpor.tionl _, lal -doniodo """""undw thilliq-low7 ____________________ Y•l....---- lb l hod onolcDholic-...liconoe.._-or r-kod l ______ __.'--________ v. __ _:..__ lflht ·-il y•. OJ<pio in fully OlltK h -roll oi>HI , If neocfodl Do you or ony rnom1>ort of your fomlly ho .. • f inoncilll intwllt in ony other liqUO<IiconooiiSuch linonciol imor., to include No No No No ony .c~u ity inter• or loonol .lltheo-io v•. ,..,..in inc!Woii ______________ Y••-----No ~ / ,.,- /. v .I v Do" •nv P«ton, firm or corporation heve • fiNncial intwalt, evidenced either by loens or equi.ty ownerlhip in the buthWII lor which thill-il r.c~ueltodl If tho •-il v•. ltoto nom• and oddr-ond omo~."' oWoi,ch linonciol intw., '7 ohhor indollort oro · of wlu .,ch u lnv\'llory,lur iluro, f •tur ond •ilpmon t!J~,fl#?) YII-----No•----- Lill tho nomoo ond oddr-of oil bull-in which ony ollho I*OON in lho prwioul quootion oro intwlllod. , I • - • • (( • • • I The foUCJWWing .tfidlvit to be t'oNd and ecknowl.citld by lndividu.lt and .ec:h ~ of pwtMrlttips end by Corporedon.) STATE OF COLORADO Co..nty ot_U.tJA~W.~'P'£~~"-~ ... ~g, ___ _)l•· JA1Jte"l) end : -#-. . being by me first duly IIHOfn , if for hlmteef. depoMI 1rd •vt: tMt he it tht a~icant ebow n1mtd; or that he 11 f A..f:a I liM of the abow ne"* corporation: tNt he t\111 r~ me foregoing epplication trd thlt he knows (Title) the contents th•eot . end thet ell rnetten and t h ings therein set forth ere true of hll own knowledge and he 8grHI to confOt'm to ell rul"11nd regu.,ttons promulglt.S by the State O_,tment of AeYtnue in eonnectton thttMith . Subtcribed •r!-!.MPJ.~ to before me /. '·}···-.. , .. · ·l·'·' /J;. '•,, thit ... ·:,, • _; e • .. ~~ ,;~Y of ,u ~ . ··?".-~ ... ' lndivich . .-lt and all members of pertnerthtp mutt tign h..-e: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturen, Wholesalers. Importers and Public Transportation Systems d isregard this section) Tl'le to'e901ng applic.llt lo n h•• bH n .,..mtneo 11 '1 0 t tle pfami'•'· b u,lnen cond ucted and c ha ra ct er o l the applicant Is u tltfa ctor v. ano we d o repo rt that sucn license, It gra n teo , w rll m1et tne r usonable r•qu!rements o l the nelghbornooCJ ano the oesuH ol the Inhabit ants, 1nCJ complill w rth the provrsoon ot ArttCII 4 7, 1 rtl e 12, C .R .S. 1973. ~. THEREFOR E THIS APPLICAT\ON I S H EREBY APPROVED DAT E D AT.-------· THIS-------OAV O F---------• A.D. 19--------- (NAME O FTOWN,CITYORCOUNTV)'------------------------------------------------------·~~ ....... 10·· '""' ---~ (MAYOR O R CHAIRMAN O F BOARD OF COUN TY CO MMISSIONERS OR OTHER TITLI! OF LICENSING AUTHORITY., ·, ... -. l. ATTEST 1 :-,: J' r .~ ,.. .(CLE~K OR SECRETARY OR ~~R ~FFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY .) tit the premises,,. tou~wllh;'n 1 to"Yn, 01 dty.' J_h• abo,.._ approval sho uld bit t1tn•d by tM meyor and clerk, If In a county, then by the Ch l lrrNn of the board of county commiNIOMt'$ and.tt\1 ci4J(6f ,IO tt-e.board. If, bY ordin ance or otherwiM, the loca l 11censln9 a uthori ty Is som~ other ottlclll, then sud'l epl)t'oval should D• I. •• ·-~ .. ,,...., by suCh ottlda lt J . I r.r NOTICE • TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME. IT IS IMPORTANT THAT THIS DOCUMENT . WITH YOUR STATE FEE REMITTANCE . BE AT THE COLORADO DEPARTMENT OF REVENUE . STATE CAP ITOL ANNEX BUILDING. 1376 SHERMAN STREET. DENVER , NO LATER THAN DECEMBER 1. • I • • l{ • • • • City of Englewood --------- MEMORANDUM TO: Maril yn frons FROM: Captain Ron Frazier DA TE: January 9, 1979 SUBJEC T: Li quo r Out let Ca l I Reports 3400 S. Elati Street Englewood, Colo rado 80110 Phone (3 03) 761 -1 140 The fof lowing I lquor/3.2 beer o utl e t s are summarized for the yea r Dec ember 3 1, 1977 through December 3 1, 1978 , Requests for pol Ice ass istanc e: Officer 1nltlated actions: VIolations of license: Requests for pollee assistance: Officer Initiat e~ actions: VIo lations of I icense: Reques t s for pol Ice assistance: Officer Initiate d actions: VIolat ions of I lcense : ALBERTSON's 5 17 5 So uth Broa dway 33 0 0 FRAT ELLI 'S P IZZA 1200 E. Ha mpde n Ave, 4 0 0 SIZZLER STEAK HOUSE 515 1 South Broad wa y 2 0 0 • I • Memo randum-page two • Requests for pol ice assistance: Officer initiated actions: Violations of I icense: • • • • SOU TH OOOR 547 0 South Broa dway 42 0 0 I . • APPLICANT: A7bertsons Inc. 5175 S. Broadway TYPE OF ACTION REQUESTED: • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLE TS Annua7 Renewa7 -3.2 Beer Retai7 License POLICE AND FBI REPORTS: See attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARs, EXCLUDING ANNUAL RENEWAL: CITY ATT ORNEY'S REVIEW: COMMENTS: 6 0 I . • ( • • • • F O AM DRL 401 (REV . 1/78 ) STATE OF COLORADO ~ DEPARTMENT OF REVENUE ~ ...... o ..... ~ 0 o• ~oc .. ~.. I•C l .. S•NQ A -.·TtoQOh l '>"" "tav••ro u .. o l.lCDLO"'"DO RENEWAl APPLICATION FOR 3.2% FERMENTED MAlT BEVERAGE LICENSES (GET APPROVAl OF lOCAl LICENSING AUTHORITY FIRST) AL oct<. r :.o ~~ s I II,C ALB ER T SCmS F•I:JD C TR NO 85 0 r 0 0 N'Ci'TW AITE I N T>i JS SP ACE I LIQUOR ENFO R C EMENT OFFICER 'S ACTION APPR OV ED 4.-·.r:- 0 :,;:: O F "'f VIN VI ••••• c "•"Dl .............. O l"'v l OI COLO 10111 5175 S tiH d WY f NG L t·w JGO C u I Hllc IMPORTANT SEE IN STR UCTI ON S ON THE R EVERSE SlOE . MAKE CHECK O R M ONEY O RD ER PAY AB L E T O T HE CO LORADO DEPA RTME N T OF RE VENUE • ··~·YO L .. PLICATION FO• 3 >~~·M ENTE~ M ~LT BEVE•A GE LICENS E FO" THE LICENSING PE.IOO ENOI NO ~ r un ACCOUNT NUMBER FOR 1., .... ,LITV •N FO RMAT IO N ~ --Ja J ~-_ A LL AHE A!IIICE CUU..h ... ~• J ~·-]'"""l \.O ;;~,;p.;, u3-U 8 !1~-~43 lC OC6 5411 3 02 l e 77 02 l7ijO ---- TOTAL FEE (S) s 46.:;j SS No.1 SS No.2 •FE IN I CER TIFY TH AT TH E RE ARE NO CHAN GE S TO MY ORIG INAL APPLICATION EXCEPT CHANG E OF MA NAG ER , TRAOE NAME OR CORPORATE STRUCTURE . :,:::~:::2:5,.,. ·4 .J Q__J?L •. ,,:~ ... -p , o. Box 20, Boiso, I !IF THn~~S f£:~~~~~1$ ~~n,-if:i~l* FORM USE AN O RIGINAL APPLICATION .) 8)726 MANAG ER 'S NAME Jose ph Rosencrance IF APP LI CA NT IS A COR PORAT ION, FI L L I N REVERS E S l OE I T YPE 1 ~ - ---. NAME AND OESCRIPTION OF LICENSE J ~,.? ~~_C_!: T BEI:f!. ~E TI\Il LI Ct N Sf: L !_. _ _.,_..c:_:-<:I'-'T._ Y _ ~ 5 jP C R C r:l~ T_ U A P f-Et: --L ' Oo you have lega l possou;on of t he prem ;ses for wh1ch thiS applicatio n fo r license 10 m odel ·-No Are t he prem ;ses owned or rented ? _ r fmied If ra n ted, effective & exp;ratlon dote of lease ~LJ...u../_.7_~'----l,~.rs ---== Is aopl;contlsl o r ell oWcerisl of t he co ro orot;on, c;,;zen (sl o r Permanent res;denthl of t he Un ;ted States o f Amer;ca a nd Colorado? Yes -U.S , Is the applicant, o r a n y of t he partners, or any of the oiHcers , stockholders or dorectors of sa1d aopllcanl I If 11 ;sa coroorat ;onl or emp loyees of a ny such , under the age o f twenty-one vea rs~ ---~ No --X_ __ Has the appli can t , or any of tho partners. or any of th e Off iC ers , stockholders or dorectors of sa1d applicant (If 11 ;s a corporat;onl ever been con-Yes v•cted of a cnme '"the Stete of Co lo rado or e lsewhere? If so. state fu ll det a ils Yes No X Has the ap p Hcant, or any of the partners, or any off;cer , dorector or stockholder of sa 1d appl1can 1 (If 1t 1S a corp o ral ;on l ever · (a ) been den1ed a l1c ense under th•s hQuor la w ? --------- (b) h1d an alcoholtc beverage licen se suspended o r revoked ? Ye s No __!__ Yes If the answer is ve~. e.~~:pla•n fu lly fatt ach separate sheet , ''needed) Does an y brewe • 1 or wholeu ler have a f1nanc ;o1 Interest , ev1dencod either by loans or equity o wnorsh1p ;n the buSiness for wh1ch t h iS loc ense IS requested ? If the answe• " yes, state names and addresses and amount of such f1nanc1al •nlerest express•d e1thor 1n doll ars"' other Item s of valu e , such as ;n ventory, furn ;tu•o . foxtures and oQU,pment _ Yes No No X LISt the names and addresses of oil buSinesses 1n wh1ch anv of the oersons ;n the o rev1ous quest•on are Inte rested ------ Name Bus1ness dreu·----- ·u Federa l Emplovers ldent 1f 1C811 o n Number IFEINI IS Pre-pronled 1n the above mace , ple•se check you• <ecords to see 1! you have lhe same n umber It you have a d1fleren1 n umber, conect !he one above so that 1t conespon ds w11h you r rocords It no num ber appears 1n the above space, Please fill m w 11h !he FEIN you have on vou, recnrn .. I • - • ( • • • • IF THE APPLh; NT l::l A CORP("'RATION , otn'>wer f ~l . I h ), (cl, {ct), (e), and !f) •' ,_ ~., ,, It ' ll J. A._ Albertson f,_. u,;,oll;f ,,. Del.awaz:e _ _ _ ___ •· ,." Boise CVu • 'V u t ••t c "" e o• " "' ·>' ~'"" __ 4/29/_77 •I '• ll.''\ .,,,• '· Lr1 1·\ l .. I t-f-1 • I f'•( II See attached list __ fIt 1 ( -)' 111,11 (\poI >.:L.1 "r l 1"11 T II.. I< <' Jt-,., I _._800 ~ouston Rd , Boise .. ·, .. r, , JCOC'XXXXX Idaho 8/1/69 Ada •'J o'i)l Idaho !)All l"'ll fll l i-flt ,., 0 pi ,. ,I t· .•.r• I 'H '' • y r ..,. ,_., 'uP Ihvid I . Connolly I• • Ada ......... v.P. Fin & Trea • .. ll•<.l "'i·"·" dqol, I ''Y h .,.,:,• ') , I •I ,. I -_l5t.b ~·if.~_ ~ .. ,., ........... ~ ........ 'I\ I•Jr••, ·- ~ '' I • ,, " \ \ .~. I I ' I I I 1•'1 -~o, '> U 511 oh.t' I 1 \II , 1 t' ,, '··· tq,·jl 111 It I tol ,.111 fop /•• t IIJI/ 1'1'J· r-•·~·•• t.t 1o" to' ll<tllf "' •I" •I •J• ,, O ft tc.•r c,f-Co.pnr ,ttlnn St!JII h rt· l t •'• )I.'\ lt '"I P r P1 H1 f .AND APt'ftUVAL O F LOCAL L ICENSIIJ(, A Ul HORI1 Y 1\ll;i rl lll o lo 1 .t r, 1 ,,,,,,,,., ... \ ·'• II r< JIll • 1•1 •,' •. jl'l I 'lo I HI' 1' .... J ~~ l( I \1 T ._.li-("FV >tl ,-H ·S 1\P,.l.ICATION IS t• Rl 8 V A PPROVED '"' ·'• I I o.-11.,1 p 1 rt 1 l , tl:i ·.';!'JI -l..'f II R tf V I ~ I 1 II I t , t ,, 5-ono 1 ·•·l•t11· 1 11 1 ,<)•.rt'\, thr·tr I 1, I r,o 1 ,j' '' '·''I II ll,l '1'1' 1 J' of• I'll olllll ,, Jl .... l/o ol \ 1~ 0\tllltro 111 '''" oi l '' 1 II . I til NOTICE TU INSURE THAT YOUR liCEN Sf IS ISSUED ON TIME , IT IS IMPORl ANl 1 HAT THIS DOCUMENT , WITH YOU R STATE FEE REMITTANC [. BE AT TilE COLORA DO DEPARlMENT OF REV EN UE . STATE CAPITOL ANNEX BUILDING , 13 75 SHE RMAN STREET , DENVER . NO LATER THAN THIRTY (30 ) DAYS PRIOR TO THE EXPIRAT ION DATE OF Yi.I UR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST T TH EXPIRATION 0 THE LICENSE . • I • • - • ( • City of Englewood ---------- MEMORANDUM TO: Mar llyn Irons FROM: Cap tai n Ron Frazier DATE: Janua r y 9, 197 9 SUBJEC T: Liquor Out l et Cal 1 Reports • • • 3400 S. Ela11 Srreer Englewood , Colorado 80110 Phone (303) 761 ·1140 The fof low ing 1 fquor/3 .2 bee r outlets are summarized for the year December 3 1, 1977 through Decembe r 3 1, 1978 . Requests for pol fee assistance: Officer Initi ated action s: VIo la ti ons of I fcense: Req uests for pol ice assistance: Officer Initiated actions: VIo lations of I fcense: Requests for po l fee assista nce: Off icer Initiated actions: VIo lations of I icense: ALBERTSON's 5 175 South Broadway 33 0 0 FRATELLI 'S PIZZA 1200 E. Hampden Ave . 4 0 0 SIZZLER STEAK HOUSE 5151 South Broad wa y 2 0 0 • • I • • Memorandum-page two Requests for pol ice assistance: Officer Initiated actions: Vi oletlons of I lcense : Cop~ ( • • • • SOUTH DOOR 5470 South Broadway 42 0 0 • I . - 0 • • APPLICANT: Sizzler Steak House 5151 S. Broadway • • • COUNC I L ACTION REQUEST LIQUOR AND J .2 BEER OUTLETS TYPE OF ACTION REQ UESTED: Annual Renewal -Hotel/Restaurant Liquor License PO LICE AND FBI RE PORTS: See attached PREV I OUS CI TY COUNCI L ACT I ONS DURIN G PRI OR TWO YEARS , EXCLUDI NG ANNUAL RE NEWAL : CITY ATT ORNEY 'S REVIEW: COtNENTS: • 6 E ~ t I • • -• • .. • :»I A II: ur \.V LVKAUV D EPA RT ME N T OF R EV ENU E RENEWAL APP LI CATION FOR MALT, VINOUS AND SP I RITUOUS LI QUOR LICENSES (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIR ST) LIQ UOR EN FOR CEMENT OFFICER'S ACTIO N G G 0 INC SIZZlER FAHIL'f STEAK KlUSES 5151 S BRDWY ENGLEWOOD CO 80110 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE F MANAGER , TRADE NAME OR CORPORATE STRUCTURE . MANAOER'INAME Jay Allen fields APPR OVED IMPQRTANT SEE INSTRUCTIONS ON THE REVERSE SID£. IF APPLICANT IS A CORPORATION. FILL IN REVERSE SIDE . IUSINE88 PHONE NO .-L7..1.8ul..:-:.3.1...3.2.,;1.5"2---------- RENEWAL APPLICATION FOR UOUOR LICEN SE (Sl FOR THE YEAR END I NG U-83.B77 006 5612 3 MAKE CHECK OR MONEY ORDER PAY AILE TO THE COlDRADO DEPARTMENT OF REVENUE . TO TAL FEE (Sl Do you have 1..,.1 po-ion of the premi .. for 'Ao1h ich th is appl icat ion for IQnN is made ?-.l~"----------------- Arotllop!'..,i-ownodO<ront od 1re nted lfrontod .offoct i .. &u p l<otlondoto ofl-9/l/76 -l D,/J.4/9J Is appli untld or •II o ffQn o f t he c of'I)O retion, cttlz.e n(s) or lewfully edm•tted of the Umted States of Amertea1 _1...f:.li_ ________ _ II theapplic.nt, or •nv of 1h1 pertnert, or •nv of the officers. stockhokten or d•rectors o f seld eppl ant (tf tt •• 1 corporatton), o r employ-of ony .,ell , und« tllo-of twont y-o no v•ro1r ___________ Yoo ____ No•........:X:.:..._ __ Has t he epp lica~nt , o r any of the pen n••· o r an y of the o fficers, stockhold en or d irectors o f uld applican t (If It i1 a cor pora ~ t ion) ever been convtctld of a felony in the St ate of Colo rado or been convicted of 1 crime elsewher e wh ich would const it ute a felony if such crime hod boon tommlttod In 'i ho State of Coi O<odo 111 oo . 'state full d.,.il, _______ vos _____ No X Has tht applicant , or any of the .-n nen. or an y officer, d ir ector o r ttockhokfer of u id appli cant (if it is e corporation) ever : i al boon don iod o llcen• under this liquo r llw1·---~----------------Y"-----,-No X l b l hod on olcohol ic ~lie.,,. IIU_.,clod or rewkod 1c ________________ Yos. _____ No X If tho l nMor lo yoo , oxplo ln fu lly iattoch ,_rote sheet. If noodod ) Do you or any m embers of your fa m ily have a f l ne ndal interelt i n an y o t her l iq uor lice nse? (Such financial interest _to i ncl ud e any equfty interest or lo.m). If the antwer is Y1!,· exp la i n In detail . Yn X No ____ _ G .G. 0. Inc . ha s Hote l/R estau r ant liq u or l icense s a t t wo other' l ocations 1 1. S izzler Fam ily Steak Hous e ,l 8 02 S . Havana , Aurora , CO 80010 2 . Sizzler Fa mily Steak Hou s e , ?611 W. Colfax, Lakewood , CO 80 215 Oo11 a ny p•so n, fi rm or corporatJon have a f ina ncial Interest, tvidenc.::t either by loans or aqu•tv ownersh ip in the business ( for wh ich t h is licente lsreqUIIIt ed 71f theantwer is y11 , state nem111nd eddriSMIInd amount o f su ch f i nenclal interest expreaed t.lthi in dollal"' or other items o f ... tu e 't "'lch 11 inventory , f urniturlt, f lxtur• and equip ment Yn · No'----- Un y t he 3 pers ons ~~ste d on t he r ev e r se side have any financial interest in G .G.O. I n c . Lm the rwmes end eddr .... of e ll but ineiMI i n whtch any of t he perso ns In t he pr evio us quettion ere interes ted . G.G.O. Inc . dba ~iz z l er F a~il y S t eak House ,5151 S . Broa dway,Eng lewood,C O • I • • - 0 • ( • • • IF THE APPLICANT IS A CORPORATION , onMO< lol , lbl , lcl,ldl , end lo) l•l Organi zed undor J helow of the State oL _Col ora do -------.. Dote __ B/l}/-'2.6 _________ __ (b) Pnnci iJO I bus iness is conducted ot.sJ-5L .S..~ _Broa~ ___ County oL·.AI:apah.o.e....; Sute of~l.or acl.o. _ lcl Dote of fili ng last annua l corporate report to the Secretory of State-l-9-{-8. ________ _ I d) Name Home Add re ss City ' Date of Birt lel Preood ont · Emory Osborn V tc ePres. Ronald Gal de T rea wor ~Michae) Golde Secretarv . ____________ _ mJ s. 0n., •• ct ~;;:~;e ~~ "0 "'~~~~ ~5;f ~iriag~1un~~8i~~£ ~0 ~ : Ma~~: _____________ _ DIRECTORS : Lilt all Directors (at l•n 3 are reQu lr~ by Ltwl If) NAME HOME STREET NO . & CITY DATE OF BIRTH .Emory Osborn 77JJ S Oneida Ct,Englewo~~ 8~~~~ Ronald Golde 9792 EJ Portal ,Fountain V ley:: Michael Golde 4)62 Park Fortqna,Calahasas Pk 8/Jo/4] List a ll stockholders owning or controlling any of the capital stock of the corporation. (Include actual owner or pl..:fg ... ) 'u .. ,:parate aha~ If n Mded. NAME HOME STREET NO . It CITY PERCENT OF DATE STOCK OWIO ~~420F2frR~T~ Emory Osborn 7733 S.Oneida Ct.,Englewood 50! ~--~-b Ronald Golde 97~2 El Portal,Fountairi Vly 25~ Michael Golde 43 2 Park Fortuna,Calabasa Pk 25% 8/lo/41 (The following affidlvil to be sigMd end tcknowlm~ by individutls 1nd NCh ~e_:rb., of pertnershipland by Corporttion.l STATE OF COL~AOO ... or that ht is--=--~::-4"'!1(T~i !'!to~t.ole-------Of the abovt named corpor1tion: thlt he t-..s rMd the foregoing 1pplicltlon tnd thlt he il now1 the contents th.,eof, and that all l"/''latters and things therein Ht forth are true of h is own knowledge and he tgrees t o conform to til rul es1nd r egul8 t•ons promulgltld by the State o..,.tment of RtYIII'IUI In connect ion thlfMith . Subscribed and MOrn to t>.fore me lncHvld~ls end all rnemben of ~rtnenh ip must 1ign here: (CO'RPORATE SEAL) ~ nc. ""• c ommiss io n 1..,. .. _LJn..L..l./:Jc.!Wl~t...e." . ..J.I!'·L.·._·-"C/,Y...~-'L_.9~· 7~7'!__' ____ .,. ______ -:::--:---..,.-,n..~~e~s:H:i:Ea~e~I'IMt;---·-· --- (President or seCrel:aryJ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Wholesalers, Importers and Public Transportation Systems disregard thts sect ion) The f o r~ol ng apollcat lon has been exam 1neo •no the 'H e m u.es , ou11ness con o u cteCl and cna•ac t er o f the ili OPII Cill nt 11 »IISf.ll ctorv . and we do •eoort thillt 1uc n llcenH, II granted , w•H meet tne •••so nable requlfemenu o t tne n etgn b o on ooo •n o the des11e1 ot tne i n h iliO ttanu, a no compl ies with t n e pro villon o t A r t icle 4 7, T•t•e 12, C .R .S. 1973. THE REFO RE THIS APPLICATION IS HEREBY APPROVED . DATED AT.'-------THIS-------DA Y OF --------·A.D. 19--------- {NAME O FTOWN ,CITYORCOUNTY) ____________________________________________________________________________ _ (MAYOR OR CHAIRMAN O F BOARD OF COUNTY COMMISSIONERS OR OTH ER TITLE OF LICENSING AUTHO R ITY.) ATT EST : ,. . . 4CLER .~ ?R SECRETA RY OR OTHER OfFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY .) (I f the premises ere to at.a within a town or "ty, the above appro val sn o utd ~ stvneo by the rnavor an d cJ erk, U In a county, then by the Chll rnvn o f the bOArd of • I ~ • county commissi o ners an~ the ctttrk t~ the b~rc:J. If, bY ordln•nce or o therwiM , tl'le 10~1 licen sing a u t hority Is some o ther o ffi cial , t hen such approval sn o utd be 9lven bV sucn o ffi cial.) • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON T IME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STA TE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT IJF REVENUE , STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER, NO LATER THAN DECEMBER 1 . • I • ( • City of Englewood ME MORANDUM TO: Mari l yn Irons FROM: Captain Ron Frazier DATE: Janua r y 9, 197 9 SUBJECT: Liquor Out l et Ca l I Reports • • • 3 400 S Ela11 Sueet Eng lewood . Colorado 80110 Ph one (303) 761 -11 40 The following I lquor/3 .2 beer o utl e t s are summa rized for th e year December 3 1, 1977 through Decembe r 3 1, 1978, Requests for po l ice assistance: Officer Initiated actions: Vio lations of I icense: Reque sts for pol ice assistance: Officer Initiated a c tion s: VIolations of I lcense: Req uests for po l Ice assistance: Officer Initi a t ed acti ons: Vio lations o f I icense: ALBERTSON's 5 175 South Br oadway 3 0 0 FRATELLI 'S PIZZA 1200 E. Hampden Ave , 4 0 0 SIZZLER ST EA K HOUSE 515 1 Sou th Broadwa y 2 0 0 • I • • Memo randum-page two Requests for police assistance : Officer Initiated actions: Violations of I lcense: Captr:ROnFraz I er • • • • SOUTH OOOR 5470 South Br oadway 42 0 0 • I • • - ( • c • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: January 3, 1979 SUBJECT: RECOMMENDATION: Smith moved: Tanguma seconded: Proposed Alley vacation The Planning Commission recommend to City Council that the alley adjacent to Lots 22 and 23, Block 9, Jackson's Broadway Heights, be vacated . AYES: Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Draper NAYS: None The motion carried. By Order of the City Planning and Zoning Commission. • 6 F • I . - ( • ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • ALLEY VACATION Case #2-79 Request for alley vacation adjacent to Lots 22 and 23, Block 9, Jackson's Broadway Heights, Arapahoe County, Colorado. DATE TO BE CONSIDERED: January 3, 1979 NAME OF APPLICANT: The application is submitted on behalf of: Kenneth A. Love 8089 Pearson Court Arvada, Colorado NAME OF ADJOINING PROPERTY OWNER: Kenneth A. Love 8089 Pearson Court Arvada, Colorado LOCATION OF ALLEY TO BE VACATED : The subject alley extends north of West Oxford Avenue between South Galapago and South Huron Streets and is east of the City Ditch at the crest of the "Oxford hill". ZONE DISTRICT: R-1-C, Single-family Residence . EXPLANATION OF REQUEST : Pursuant to a request to vacate the alley in Block 9, Jackson's Broadway Heights which was submitted by Mr . Allan Riddle in 1976, the City Council took action to vacate the subject alley upon the recommendation of the City Planning and Zoning Commission . Ordinance No. 37, Series of 1976 was the vacating Ordinance; it reads as follows: • I • ~- ( ( • • • • l NT k ODUCE D 1\S A HIL L HY COU NCILMAN M/\N N -- BY 4_UTHORITY ORDI NANCE NO. ..;J-1-• SE RIES OF 1 976 5 A AN ORDINAN CE VA CATING THE ALLEY IN BLOCK 9, JACKSON'S BR OA DW AY HEIGHTS, CITY OF -ENGL EWOOD, COUNTY OF ARAPAHOE, CO LORADO. ~rl El<EAS, th e re pres e ntly exists an all e y in Block 9, Jackson's Broa dway Heights, City of Engl e wood, County of Arapahoe, Colorado; and WHEREAS, the alley request e d to be vacated lies entirely within the City of Engl e wcod and has no common boundary with any other political subdivision; and WHEREAS, there is no public reason for retaining the alley. NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD, COLORADO, as follows: S e ction 1. ------ That the follow i n g d P sc ribe d a lley loc a t e d wit h in the City of En g l e wood, County o f Ara pa hoe , Col o rado, be a nd the s a me is h e reby vacated: hdjace nt to Lo t s 24 thro ugh 29, Bl oc k 9 , Jackson's Br oa d wa y He i ghts , Cit y of En g l ewood, County o f Arapahoe , State of Colorado. lntroduc d, r ea d in full and passed o n f1rst r ea d ing on the 19th day of Ju l y , 1976 . P •1b l i s h ed as a l3J 11 fur an Or dj n<.n ·::c n t he 2 i st dc1 of July , 1~76 . -1- • I • - ( • ( • • • • Rea d by tit l e and pa s s e d on final r c rld ing on the 2 nd day of August, 1976. Published by title as Ordinance No. ~--' S e ries of 1976, on the 4th day of August, 1976. ;r - ATTEST: ex officio C1ty Clerk-Treasurer I, William D. James, do h ereby certify that the above and foregoing is a true, accurate and comp let~ copy of the Ordinance, passed on final reading and publi she d by title as Ordinance No. , Series of 1976. -2 - • I • • STAFF REPORT PAGE -4- • • • ALLEY VACATION Case #2-79 The recommendation from the Planning Commission to the City Council was made at the meeting on June 22, 1976, and was "that the alley in Block 9, Jackson's Broadway Heights be vacated." You can see from the title of Ordinance No. 37, Series of 1976, the entire alley was to be vacated; however, Section 1 of that Ordinance confines the vacation to the portion of the alley "adjacent to Lots 24 through 29, Block 9, Jackson's Broadway Heights." Mr. Love and/or his legal counsel, Mr. Dennis B. Clanahan, have contacted various persons in the City by letter and by phone to ascertain whether or not the alley adjacent to the Love property --Lots 22 and 23 --was vacated by Ordinance No. 37, Series of 1976. Mr. Love has again contacted the Planning Division in an effort to clarify the matter . The staff has reviewed the file and determined that a letter dated August 10, 1978, from Mr. Clanahan to the City Planning and Zoning Commission, was referred to Mr. Berardini for an opinion on August 14th, the day the letter was received. Mr. Berardini replied on the following day in a memo directed to Mr. Wanush, that he could not state, as a matter of law, that the westerly half of the alley --the portion adjacent ~ the Love property --was, in fact, legally vacated by Ordinance No. 37. The reason for this opinion was the wording in Section 1 of that Ordinance. No further action is recorded in the file and staff assumed that the information was inadvertently refiled without further follow-through. The City Attorney recalls that an effort was made to reach Mr. Love or Mr. Clanahan; however, no written record of such contact is available . This may be due in part to a turn-over in secretarial staff in the City Attorney's office at that time. The matter was again reviewed with the City Attorney on December 28, 1978, pursuant to a discussion with Mr . Love and Mr. Clanahan on December 27th. The City Attorney agrees that the issue is clouded and suggests that the matter of the vacation of the alley adjacent to Lots 22 and 23 in Block 9, Jackson's Broadway Heights, be clarified by referring it to the Planning Commission and thence to the City Council for action. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: In order to clarify the action taken in 1976 with the adoption of Ordinance No. 37, the staff recommends that the City Planning and Zoning Commission refer the vacation of the portion of the alley which lies adjacent to Lots 22 and 23 in Block 9, Jackson's Broadway Heights to the City Council with a favorable recommendation • • ' ' I • • • STAFF REPORT Page -5- BACKGROUND MATERIAL: • • • ALLEY VACATION Case #2-79 A copy of the staff report on the previous action, the letter from Mr. Clanahan to the Planning Commission dated August 10, 1978, the memorandum from Mr. Wanush to Mr. Berardini, and Mr . Berardini's opinion are attached for your informatio~ ... ... •• I . • • • ~ ':i ~ .5. !It~~ ' ' OJ []] OJ ~ (!. :!9 ~ i •I ~ ~a ~ I fl I I I I I I I I I I I I I I ~: ~~ ~: I ~: ~ ~I ~I 'I ~ 5 ~M6~ I • • • • • • DC \•r , ('P \.1rr!r ENGLE"\',IJ· )Q Y)l f'\0 4r)Q CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW . i' l . i97 8 • BAR KLE-Y L . C LANAHAN I RA E. TANNE", J R , R ICH AR D DOWN I NG, J R . O A VI O C. K NO W lTON R ICH ARD H . PLOCK , J R . THOM A S C . M cK EE DENIS 8 . CLANAHAN WARWICK DOWNING U Q. ROBERT MIL L ER August 10, 1978 City Planning and Zoning Commission City of Englewood 3400 South Elati Englewood, Colorado 80110 1850 WESTERN F'[Q[IitAL 5AVI NGS S LOG. OENVER ,COLORAOO 8 0 Z02 TELE PH ON E 3 0 3 -e523 -3737 Re: Block 9, Jackson's Broadway Heights, Englewood, Colorado Dear Sirs: In your case No. 21-76 the City Planning and Zoning Commission re- commended to the Englewood City Council that the alley in Block 9 Jackson's Broadway Heights be vacated. This action was taken on June 22, 1976. After properly considering the matter, the Englewood City Council vacated the alley in Block 9, Jackson's Broadway Heights adjacent only to Lots 24-29. This was done by Ordinance No. 37, Series of 1976. It appears that the Englewood City Council neglected to vacate so much of the alley as is adjacent to Lots 22 and 23, which lots are owned by my client, Mr. Kenneth A. Love. For your information I have enclosed a map of the area which shows the small triangular parcel being Lots 22 and 23, owned by Mr. Love, and situate on the West side of the alley. On behalf of Mr. Love, and in order to clarify the confusion, and to aid in the determination of title, I request that the City of Englewood vacate the alley adjacent to Lots 22 and 23, Block 9, Jackson's Broadway Heights. DBC:vn Enclosure Sincerely, Denis B. Clanahan ' ' •I I • • - (r.' • • I • • • • !.!!Q!!!.!H!! TO: City AttorDey BerDard V.BerardiDi FROM: Richard s. WoDush, Director of CommuD1ty DevelopmcDt DATE: August 14, 1978 SUB.JECl': Alley VacatioD/Block 9, JacksoD's DroadWay Bel&bta The attached letter ls aelt-explaDatory. I believe the entire alley 1D Block 9 of JackaoD'a Broadwny Heights baa beeD vacated, eveD tbat .port1oD adjaceDt to Lots 22 aDd 23. As a refereoce oDly, we used tbe pbrase "adjaceDt to Lots 24 through 29 ••••• ". There was Do iDtent to only vacate one-balf of tbe rigbt-of-way. If you concur, would you please call or write tbe attorney. Please let me kaow what you determiDe for my tile • ' ' •• I . - • • • • • DEPl\RT:\IfNT O F CO:t.~i t iN ITY MEMORANDUM TO: Richard S. Wanush, Director of Community Development FROM: Bernard V. Berardini, City Attorney DATE: August 15, 1978 SUBJECT: Alley Vacation. Although the intent appears to be to vacate all of the alley in Block 9, Jackson's Broadway Heights, apparently the Ordinance failed to mention the two (2) partial lots on the West side of the alley. In view of the language it is not clear that the alley vacation did, in fact, accompl i sh what was intended. The title of the Ordinance indicates that the entire alley in Block 9 was vacated but Section 1. indicates only that portion adjacent to Lots 24 through 29 was vacated. I cannot state, as a matter of law, that the westerly half of the alley was, in fact, legally v acated . BVB/pa ' ' •I I • - • • STAFF REPORT Page -1- STAFF REPORT RE: • • • ALLEY VACATION Case #21-76 Request for alley vacation, Block 9, Jackson's Broadway Heights. DATE TO BE CONSIDERED : June 22, 1976. NAME OF APPLICANT : Mr. Allan Riddle 6152 South Logan Place Littleton, Colorado 80121 NAME OF PROPERTY OWNER AND ADDRESS: The propP rty adjoining t he all e y on the east was owned by the late fath e r of the applicant, Mr . Guy Riddle, 767 West Oxford Avenue. The property adjoining the alley on the west is owned by Mr. Kenneth A. Love, c /o Mr. Dale Gates, 4403 South Logan, Englewood, Colorado . RELATION OF APPLICANT TO REQUEST: Mr. Allan Riddle, the applicant, is requesting the vacation of the alley, adjoining the property at 767 West Oxford Avenue. LOCATION OF PROPOSAL: The 16-foot wide alley is located in Block 9 of Jackson's Broadway Heights . It is between South Huron Street and South Galapago Street and extends north from West Oxford Street to where it is terminated at the City Ditch . See en- closed Vicinity Map. ZONE DISTRICT: R-1-C, Single-family Residence. DESCRIPTION OF REQUEST: The applicant has always been under the impression that his father owned the alley and in several documents in his possession, the alley is included with the description of the Riddle property. Because there is some question as to the ownership of the alley, the applicant is requesting vacation of the alley . See attached letter of request • • ' ' •I I • • - ,. • • • • - STAFF REPORT Page -2- ALLEY VACATION Case #21-76 RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT : The staff recommends approval by the Planning and Zoning Commission of the requested alley vacation. The staff makes this recommendation for the following reasons: 1. There is n~ need for the 16-foot platted alley in Block 9 of Jackson's Broadway Heights, Arapahoe County, Colorado . The alley is not used as a public right-of-way nor for access to the adjoinin g properties. 2. The vacation would not be in conflict with the Subdivision Regulations as set forth in the Municipal Code, Title XII, Chapter 3. 3 . The vacation would not hinde r future development of Block 9 o f Ja c k ~0 n's Broadway He i g h t s . 4 . The vacation would not be in conflict with the Comprehensive Plan . DESCRIPTION OF SITE AND SURROUNDING AREA: The alley is in a single-family zone district and is adjacent to single-family houses . The applicant's late father was the owner o1 the property at 767 West Oxford Avenue, which is east of the alley and the property is now in the hands of the applicant. To the west of the alley, there is a small triangular parcel of land which separates part of the alley from the City Ditch. The alley tapers to approximately 122 feet in length. The grade drops abruptly west of the City Ditch, such that the alley is approximately 13 feet above the level of the property west of the City Ditch, at 4090 South Huron Street . The alley has no physical relationship to the property to the west because o f t h e topog raphy. The alley is neve r used f or vehicular traffic and over the many years it has become p art of the yard for the residence at 767 West Oxford Avenue. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: The alley was platted in 1890 as part of Jackson's Broadway Heights. The house presently at 767 West Oxford Avenue was built in 1936 and was part of the original City . . _..._. .... .... I • - • STAFF REPORT Page -3- RELATION TO THE COMPREHENSIVE PLAN: • • • ALLEY VACATION Case #21-76 The vacation of the alley would not be in conflict with the Comprehensive Plan. The Master Stre et Plan designates West Oxford Avenue as a Collector Street, and it is also designated as a Truck Route. COMMENTS FROM OTHER DEPARTMENTS: Utility Department : There are no sewer or water lines in the alley. If the alley were to remain, sewer service could most easily be provided by extending the existing line up from the alley south of West Oxford Avenue , If the alley were vacated , sewer service would be more costly for any future d eve lo pme n t of thi s b lo c k because the line would have to be extende d e i t h er from th e Galapago/Huron alley or the Fox /Galapa g o alle y, alon g Wes t Oxford Avenue and up South Galapago Stree t. Public Se rvice Company -Gas Division: No objection. POlice Department : No obJectlon. Fire Deyartme nt: No ob jection . Public Works: No objection . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: Mr. Riddl e believes that the alley in Block 9 is part d the property to the east, and therefore, has been under the ownership of his family, There is no evidence that the City staff can find that the alley was officially vacated . Mr . Riddle believes that this is a legal problem that could be settled at a later date, but until such time, he has requested the vacation of the alley . More specifically, Mr. Riddle has a title abstract of the property with entries beg inning in 1875. The first reference in the abstract to the alley and t h e adjoining property together is on February 16, 1903, f or a t ax sale between the County Treasurer and Guernsey Walker : "November 17, 1902. Sells All and Alley Block 9, Jackson's Broadway Heights for taxes of 1901." (Emphasis added). For six subsequent types of property transac- tion, the alley was mentioned in the property description; the last transaction being on June 8, 1945. Mr. Riddle also has a Redemption Certificate (Decembe r 5, 1938) from the Treasurer's Office, Arapahoe County, which also men t ions the alley as in- cluded as part of the Riddle property • • ' ' I • - .- •• 0 • • STAFF REPORT Page -4- • • • ALLEY VACATION Case #21-76 The City staff can find no record of the vacation of the alley, Insofar as City records show, this request is the first request made to the City for vacation. It is the desire of Mr. Allan Riddle to vacate the alley in order to make it more attractive for future development. ' ' , I • ( . v 0:: ~ X d Cl) -' • 1.H nm . t • a ··------~- (: .r, l ··-·· --~·- l\j I I I I I ' I --~ ~ ·--' ~ ~ -.J 11:) CRPVH :·..! , • • • -------.-~--~ (/)-. -----GJJ 1....: ! ------~-·mm I ~~----0) ----J I ~ --· ----· ~ ---__.j" \ __ f ! r._: \ I I ----------~ -_j . 24 I I ~ =-----·-'-:.:_ _________ j W. OXFORD AVE. ~ \(I) 0 <.? ! ·<I: ..J <t ,(!) d U) ... , ,. g _._· ... :o · ,------~~:-~ !~:-.·· : J f--:~-.-:~ I , _ _._ :•-c. ·. ,. l L _______ _ I . • • • TO: FROM: •' City Manage~csrwn Richard S.~~~. Director DATE: January 10, 1979 • • - of Community Development SUBJECT : Encroachment Request 3234 South Elati Street Mr. Einer R. Burget, property owner at 3234 South Elati Street, has requested permission to install a 42-inch chain link fence across the front of his property at that address which will encroach approximately four feet into the public right-of-way. Mr. Burget appli e d for the permit to install the fence in alignment with the fence to the south of his property and it was determined that the fence would be in the right-of-way. Mr. Burget was then notified that he would have to request permission to encroach into the public right-of-way. It is understandable that Mr. Burget was unaware of the necessity for applying for encroachment approval, because ten other properties on the east side of the 3200 block of South Elati Street have fences which encroach into the right- of-way. The four fences to the north o f his propert y are set back between 1.8 and 2 feet behind the sidewalk, encroach ing approximately three feet . The six fences to the south of Mr. Burget's property are set back in the vicinity of 7 inches behind the sidewalk and are encroaching approximately four feet into the right-of-way. Mr. Burget would like his fence to be in alignment with the fences to the south. All of these fences were apparently i nstalled in the 1950's, but only one other fen ce permi t is in the Code Enforcement Division's files. This permit was f or the f ences at 3210 South Elati Street which was issued in 1956. No record is made of encroachment a greements having bee n issued to any of the other property owners in the block . The fences are in, they are well-maintained, and it would seem that there would be no public benefi t to be gained by making Mr. Burge t install his fence at the property line rather than in alignment with the fences to the south o f his property • • I • • City Manager McCown J anuary 10, 1979 Page -2- • • • The 3200 block of South Elati Street was included in Paving District Number 13 in 1963. If the roadWay in that block were ever to be widened, all of the fences on the east side of the street would obviously have to be relocated. Both the Chief Building Inspector and the Director of Public Works have indicated that they would not object to the installa- t ion of the fence as proposed by Mr. Burget, and the Planning Division would recommend that the request be approved. As I have mentioned on several other occasions, I believe this entire process of getting Council approval of each of this type of encroachment is not only time consuming and frustrating for the property owner, but takes up unnecessary space on already filled Council agendas. For example, all the fences on this block encroach, but none has an encroach- ment agreement. If we would ever need this right-of-way, we could get it, encroachment agreement or not. The reason these permits come before Council is Article XIV, Section 133 of the Englewood Charter, which states that Council may grant permits for the temporary use or occupation of any street, alley, or public place. The City Attorney has generally interpreted this to include such items as fences, awnings, etc. I believe that a more appropriate way to handle these types of items that are easily removable would be to attach a special notice to each such permit notifying the applicant that their fence, awning, sign, etc. is in the public right-of-way and that the City reserves the right to have it removed at any time. Of course, we would still do the same type of investiga- tion that we now do to insure that there is no public harm and that we do not intend to use the right-of-way in the forseeable future. gw I • • • -I 50 4 710 2J L -1050 1-3260 rnPl li ~ ·: -1....__.rFl ... ~__._ ____ ......,~ ,, . ] L-1050 , 1:. I ....J l-1050 II 1·3800 ' ~ 1-4400 3~SI .:! H I ···-- I -~ I 7' e..:xCI" • L -1050 ~ I -3930 L...:_j L-1050 0 I· 'IZ90 G. ~ ... . ~ L ·IOSO 1-3670 L -10~0 ' 1-3690 I L -10 5 0 r-:1 ) : -~10 50 1·38 30 L:.J .· 1-~ - Add ~~~~ <~ ._ -.. .J L -1 050 1-.3450 L-1050 I -33 10 L-1050 I -3700 -.J --~ -"""!!"~----~ L ·l 050 ~ 1-4 53 0 ' ~ , $('/J-~ &;ff1aT. fiuca ........ I ~ i o . ~ I ~ l-1050 I 'II IH _____ ...;.._...;.. __ +-"" ·3100 , 1 ~ 1·3070 '321>$ 1 • nii ( 2 $!~ I 1 r:_lfi <I) L -1050 1-3610 L · 1050 1-5300 r~·==============~/ FLOYD • • • I JZi2 l i 0 '· '' ' { • L ·1050 1-356 0 L-1050 1-3 920 L-<050 I ·3 18 0 ~ a -.. ... _ I L -1050 I 1-3o9o I L-10 ~l -39 _, AVE. • I • - • • • • • BY AUTHORITY ORDINANCE NO. ~ ~=---- COUNCIL BILL NO. __ 1_, SERIES OF 1979. INTRODUCED BY -------------------------------COUNCILMAN HARPER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the u.s. Department of Housing and Urban Development has sent notification of the availability of a certain number of units of public housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREAS, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application, a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City recognizes the tax-free status of the Authority except for special assessments and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payment for said housing, zoning, building permits, street and alley vacations, as are more fully set forth in the agreement attached hereto, marked Exhibit A, and made a part hereof as if fully set out. • I • ( • • • • Section 2. The City Council of the City of Englewood, Colorado, h e r eby authorizes and directs the Mayor of the City of Englewood to sub- scribe his name to said agreement for and in behalf of the City Council of the City of Englewood and that the Director of Finance , ex officio City Clerk-Treasurer, attest and execute the same Introduced, read in full and passed on first reading the 2nd day of January, 1979. Published as a Bill for an Ordinance on the 3rd day of January, 1979. Read by title and passed on final reading on the 15th day of January, 1979 . • ~P}ished by title as Ordinance No. __ a5 ____ , Series of 1979, on the~day of January, 1979. Mayor ATTEST: ex offic~o city Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ , Series of 1979. ex officio City Clerk-Treasurer -2- • I . ( • • • • EXHIBIT A COOPERATION AGREEMENT THIS AGREEMENT, en te red into th is ______ day of January, 1979, by &nd between the Eng lewood Hous ing Authority, a body corporate and politic, hereinafter called the •Local Authority ", and the City ot Englewood, Colorado, a municipal corporation, hereinafte r called the •Mun ic~pality•, witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties he reto do agree as f ollows: la Whenver used in this Agreement: {a) The term "Project• shall mean any low-rent housing hereafter developed or acqu ired by the Local Authority With finan cial assistance of the United States of America acting through the Secretary of Hou sing and Urban Development, hereinafter cal l ed the •Government"; excluding, however, any low-rent housing project covered by any con tra c t for loans and annual c ontr i butions entered into between the Local Authority and the Government, or its predecessor agenc ies, prior to the da te of this Agreeme n t. {b) The term "Taxing Body• shall mean the State or any poli tical subdi vision or taxing unit thereof in wh i ch a Project is aituated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it we re not exempt from taxation . (c) The term "Shelter Rent• shal l mean the total of all charges to all ten ants of a Pro j ect for dwelling rents and .nondwelling rente (excluding all other income of such Pro j ect) , less the cost to the Local Author~ty of all dwelling and nondwe l ling u t ilities . (d) The term "S l wn .. shall me an a ny area where dwellings predominate which, by reason of d i lapidation , overcrowding, faulty • I • - • \...) ( • • • • arrangement or dea i gn, lack of ventila ti on,~ or sanitation fa cilities, or any combination o f these factors, are detrimental to safety , health, o r morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts wi t h the Government for loans and annual contr~but~ons covering one or more Projects c ompr i sing approz~tely 150 unita of low-rent hous~ng and (b) to develop or acquire and administer such Project or PrOJe cts, each of which shall be located wi thin the c orporate lLmits of the Municipal ~t y. The obligations of the part i es hereto shall apply to each such Proj ect. ). (a) Under the constitution and statutes of the State of Colorado, all Proj ects are exempt fr om all real and personal property taxes levied or imposed by any Taxing Bod y. With respec t to any Project , so long as e~ther (i) such Pro ject is owned by a public body or governmental agency and is used for low-rent housing purpoaea, or (ii) any contract between the Local Authority and the Government for loans or annual contr ibutions, or both, in connection with such Pro ject rema ins in f o rce and effect , or (iii) any bond• issued in connect~on w ~th such Project or any monies due to the Government in conne ct~on with such Project remain unpaid , wh ichever period is t he longest~ the M un ~c ip al~ty a g ree s tha t it wil l not levy or impose any rea l o r pe rsonal pro perty taxes upon such Project or upon the Local Author~ty Wlth respec t the r e to. Our 1ng such period, the Local Authority shall make annual payme nts (here~naf ter called "Payments in Li eu of Taxes") in lieu of such taxes and in payment for the Publ ic serv1 ces and fa c ilities fu r n~&hed from time to time without other cost or charge for or wi th res pect to such Project. (b) Ea ch such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year esta blished for such Project and shall be in an amount equal to ten p e r ce nt (10\) of the Shelter Rent actually c ollecte d but in no e vent to exceed ten percent (10\) of the Shelter Rent . -2 - • I • • ( • • • • (c) No paymen t for any year s hall be made to the Municipal i ty in excess of the amount of the real property tazes Which would have been pa i d to the Mun icipality for such year if the Project were not exempt from taxation . (d) Up on failure of the Local Au thority to make any Payment in Lieu of Taxes, no lien ag ain•t any Pro j ect or assets of the Local Authority s hall attach, nor shall-a n y inte r e st or penalties accrue or attach o n account thereof. 4. During the period commenci ng with the date of the acquisition of any part of the site or sites o f any Project and continuing so long as eithe r (i) such Proj e ct is owned by a public body or governmental agency and is used for low-rent housing pur- poses, or (ii) any con tract between the Local Authori ty and the Government for loans or ann ual contribut i o ns, or b oth, in connection with such Pro ject remains in force and e ffe c t, or (ii i ) any bonds issued in connection with su ch Project or any monies due to the Government in connection with such Pro ject remain unpaid, wh ichever period is the longest, the Municipality, without cost or charge to the Local Authority or the tenants of such Pro j e c t (other than the Payments in Lie u of Taxe s ), shall: (a) Furnish or cause to be furn i she d to the Local Authori ty and the tenants of such Project publ ic services and facilities of the same c hara cter a nd to the same extent as are furnis hed from time to t~me without co st o r c harge to other dwel lings and inhabitants in the Mun ic lpality ; (b) Vacate such streets, roads, and alleys within the area of such Pro ject as may be necessary in the development thereof, and convey without charge to the Local Authori ty such interest aa the Municipal i t y may have in such vacated areas; and, i nso far as it is lawfully able to do so wi thout cost o r expen s e to the Local Authori t y or t o the Mun icipality, cause to be removed from such vacated area, insofar as it may b e necessa r y , all public or private utility lines and equipment; -3- • I • ( • • • • (c) Insofar as the Municipality may lawfully do so, (i) grant such dev>atlons from the building code of the Muni cipality as are reasonable and nece ssary to promote economy and efficiency in the development and adrn~nistration of &uch Project and at the s ame time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding terri tory of s uch Pro j ect •• are reasonable and necessary for the development and protection of auch Project and the surrounding territory; (d) Accep t grants of easements necessary fo r the develop- ment of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Munic ipality and the Local Authority may find necessary in connection with the developmen t and administration of such Project. (5) In respect to any Project t he Municipality further agrees that within a reasonable time after rece i pt of a written requeat therefor from the Local Authority; {a) It will accept the dedication of all interior streeta, roads, alleys, and adjac ent side walks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedicat ions of land for, and wi ll grade, i mprove, pave and provide sidewalks for, all streets bounding such Pro ject or necessary to provide adequate access thereto (in c onsideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Pro j ect site for such work if such s i te were privately owned) ; and (c) It will provide , or cause to be provided, water mains, and storm and sanitary sewer mains, lead i ng to such Project and -4- • I • • ( • • • • •erving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Mun icipali ty such amount as would be assea•ed against the ProJect s ite for such work if such site were privately owned). 6. If by reason of the Mun icipalit y 's failure or refua&l to furnish or cause to be furnished a ny public services or facilitiea wh ich it has agreed hereunder to furnish or to cause to be furnished to the LOc&l Au thority or to the tenan ts of any Project. the Local Authori ty incurs any expense to obtain such services or facilitiee, then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing project• owned or opera ted by the Lo cal Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by the Agreement. 8. No member of the garerning body of the Municipality or any other public off~cial of the Mun icipa lity who exercises any reaponaibilities or functions with respect to any Project during his tenure or for on e y e ar thereafter shall have any interest. d irect or indlrect, i n any ProJect or any property i ncluded or planned to be included i n any Pro j ect, or any c ontracts in connection with such Pro jects or property. If any such governing body member or such other public official of the Munic ipality involuntari ly acquires o r had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose suc h interest to the Local Authority. 9. So long as any con tract between the Local Authori ty and the Government for loans (incl uding prel i minary loans) or annual contributions, or both, in conne ction wi th any Pro ject r e mains in force a nd effect, or so long as any bonds issued i n connection with any Project or any moni es due to the Governme nt in con nection with any -s- • f. ,. 1-' I 1' I • • - • ( • • • • Project rema1n unpa1d, this Agreement shall not be abrogated, changed, or mod1f1ed Wlthout the consent of the Government~ The privilegea and obligat>ons of the Mun>cipality hereunder shal l rema in in full force and effect Wlth respect to each project so long aa the benef>cial tltle to su ch Project i s held by the Local Authority or by any othe r p ublic body or gove rnmental agency, including the Government, authorlzed by law to engage in the develop- mentor adm~nistration of low-rent housing projects. If at any time the beneficial title to, or possess ion of, any Project is held by such other public body orgo\ernmental age ncy, 1ncluding the Government, the provisions hereof shall 1nure to the benefit of and m.y be enforced by , suc h other public body or governmental agency, 1ncludinq the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have reapectively signed this Agreement and caused their seals to be affixed Lid attested as of the day and year first above written. (SEAL) Attest: ex off~c~o C~ty Clerk-Treasurer Attest: CITY OF ENGLEWOOD, COL ORADO , a municipal corporation By~~~~-=~~~~~=--------James L. Ta y l or, Mayor ENGLEWOOD HOUSING AUTHORITY By _____________________ C~h~a~i~r=m~a~n-- -6- • 1- '. ,_ I ~~·; I • • - ( • ( • • • • BY AUTHORITY ORDINANCE NO.~J;~--- COUNCIL BILL NO. __ 1_, SERIES OF 1979. INTRODUCED BY ______ C_O_U_N_C_I_L_MA~N __ H_A_R_P_E_R ______________________________ __ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the u.s. Department of Housing and Urban Development has sent notification of the availability of a certain number of units of public housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREAS, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application, a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City recognizes the tax-free status of the Authority except for special assessments and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payme nt for said housing , zoning, building permits, street and alley vacations, as are more fully set forth in the agreement attached hereto, marked Exhibit A, and made a part hereof as if fully s e t out. • I • ( ( • • • • Section 2. The City Council of the City of Englewood, Colorado, h e r e by a uthorizes and directs the Ma yor of the City of Englewood to sub- scribe his name to said agreemen t for and in behalf o f the City Council of the City of Englewood and that the Director o f Financ e , ex officio City Clerk-Treasurer, attest and execute the same Introduced, read in full and passed on first reading the 2nd day of January, 1979. Published as a Bill for an Ordinance on the 3rd day of January, 1979. of on Read by title and passed on final reading on the 15th day January, 1979. ~u~ished by title as Ordinance No . ~ , Series of 1979, the~day of January, 1979. Mayor ATTEST: ex officio C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passe d on final reading and published by title as Ordinance No. ~ , Series of 1979. ex offic io Ci t y Clerk-Treasurer -2 - • • I . ....... 0 • ( • • • .. EXHIBIT A COOP ERA TION AGREEMENT THIS AGREEMENT, entered into th is ______ day of January, 1979, by and between the Englewood Hous ing Author ity, a body corporate and politic, hereinafter called the •Local Authority", and the City of Englewood, Colorado, a municipal corporation, herein after called the •Munic i pality•, witnesseth: In cons i der ation of the mutual covenants hereinafter set forth, the parties h e r eto do agree as f o llows: 1~ Whenver used in this Agreem ent: (a) The term "Projec t" shall me an any low-rent housing hereafter deve loped or acquired by the Local Authority with financial assistance of the United States of Amer ica acting through the Secretary of Hou sing and Urban Development, hereinafter called the •Government"; excluding, how ever, any low-rent housing project covered by any contract for loans and annual c ontributions en t e red into between the Local Authority and the Gove r nment, or its predecesso r age ncies~ prior to the date of this Ag r eeme nt. (b) The term "Taxing Body" s hall mean the State or any political subdivi s ion or taxing unit thereof in wh i c h a Project is situated and wh ich would have author ity to assess or levy real or personal property taxes or to certify auch t axes to a taxing body or public off icer to b e levied for its use and benefit with respect to a Project if it were not exempt from taxation . (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Pro j ect for dwelling rents and .nondwelling r ente (excluding all other income of such Pro j ect) , less the cost to the Local Author ity of all dwel ling and nondwe l ling u t ilities. (d) The term •s 1um• shall mea n any area where dwel lings predominate which, by reason of d i lap1dation, overcrowd ing , faulty • I • - ( • c • • • • arrangement or design, lack of ventilat~on.~ or sanitation f acilities, or any combination o f these factors, are detr~ntal to satety , h ealth, or morals. 2. The LOcal Authority sha ll endeavor {a) to secure a contract or contracts wit h the Government for loans and annual contributions covering on e or more Projects c omprising approximately 150 units of low-r ent hous ~ng and (b) to deve lop or acquire and administer such Pro ject or Pro jects, each of which shall be located within the corporate limits of the Municipality . The obligati ons of the parties hereto shall a pply to each such Project. 3. (a ) Under the constitution and statutes of the State of colorado, all Proj e c ts are exempt from all real and personal property t a xes levied or impose d by a ny Taxing Bod y . With respec t to any Project, so long as e~ther (i) such Project i s own e d by a public body or governmental agency and is used for low-rent hou sing purposea, or (ii) any co n tract b etween the Local Autho r i ty and the Government for loans or a nnual contributions, or both, i n connection with such Pro ject rema ins in f o rce and effect, or (iii) any bonds issued in connect i on wi th such Project or any monies due to the Government in connection with such Pro ject rema in unpa id , wh ichever period is the longest, the Municipality agrees that it will not levy or i mp ose any re al or p e rsonal pro perty taxes upon s uch Pro ject or upon the Local Author i t y with r espect thereto. Durin g suc h peri od , t he Local Author ity shall make annual p a yments (hereinafter called "Payments in Li e u of Taxes") in lieu of such taxes a nd in payment fo r the Publ ic servi ces and f ac ilities fur nished from time t o time without other cost or charge for or with respect to such Pro j ect. (b) Each such annual Payment in Lieu of Taxes s hall be made after the end of the f iscal year establ i shed for such Project and shall be in an amount equal to te n p e r ce nt {10\l of the Shelter Rent actually collecte d but in n o e vent to exceed ten percent (10\) of the Shelter Re nt. -2 -I • • - ( (_ • ( • • • • (c) No payment for any year shall be made to the Municipality in excess of the amount of the real property taxes which would have been paid to the Munic ipality for such year if the Project were not exempt from taxation. (d) Up on failure of the Local Authority to make any Payment in Lieu of Taxes, no lien again•t any Project or assets of the Local Authority shall attach, nor sha ll a;y interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either {i) such Project is owned by a public body or governmental agency and is used for low-rent hou•ing pur- poses, or (ii) any contract between the Local Authority and the Government for loans or a nn ual contributions, or bot h, in conn ection with such Project remains in force and e ff ect , or (iii) any banda issued in connection with such Project or any monies due to the Government in connection with auch Pro ject remain unpaid, whichever period is the longest, the Municipality, without cost or charqe to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes), shall: (a) Furn ish or cause to be furnished to the Local Authority and the tenants of such Project publ ic services and facilities of the same character a nd to the same extent as are furnis hed from time to t ime without cost o r charge to other dwellings a n d inhabitants in the Mun icipality ; (b) Vaca te such streets, roads, and alleys within the area of such Project as may be necessary in the developmen t thereof, and convey without charge to the Local Authority such interest aa the Munic ipality may have in such vacated areas: and, insofar as it is lawfully able to do so without cost o r expense to the Local Authority or t o the Mun icipality, cause to be removed from such vacated are a, 1nsofar as it may be necessary, all public or private utility lines and equipment: -3- • I • • ( ( ( • • • • (e ) I nsofa r as t he Mu nicipa l ity may lawfully do so, [i) gran t auc h d e v~at ~on a f r the building code of the Mun icipality a s are reasonabl e and necessary to p romote economy and efficiency ln the development and adm1n1strat 1on of such Pro ject and at the same t1me safeguard health and safety, and [ii) make such changes in any zoning of the s ite and surrounding territory of su c h Project aa are reasonable and necess ary for the development and protec t i on of such Project and the surrounding terr~tory; (d) Accept grant s of easements necessary for the develop- ment of such Pro ject; and (e) Co operate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection With the development and administration of such Project. (5) In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written requeat therefor from the Local Authority; (a) It will accept the dedication of all interior streeta, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedicat ions of land for, and Wi ll grade, i mprove, pave and provide sidewalks for , all streets bounding such P roj ect or necessary to provide adequate access thereto (in c onsideration whereof the Local Authority shall pay to the Mun i cipality s u ch amount as wou ld be assessed against the Pro ject site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, wa ter mains, and storm and sanitary sewer ma i ns, lead i ng to such Proj e ct and -4- • I • ( • • • • aerving the bounding streets thereof (in consideration whereof the Local Authority shall p ay to the Mun icipa lity such amount as would be a s sessed against the Pro Ject site for such work if such •ite were privately owned). 6. If by reason of the Municipal i t y's failure or refuaal to furnish or cause to be f urn ished a ny public services or facilities which it has agreed hereunde r to furnish or to cause to be furnish ed to the Local Authori ty or to the tenants of any Projec t , the Local Authority incurs any expense to obtain such services or facilitiea, then t h e Local Authori ty ma y deduct the amount of such e xpense from any Payments in Lieu of Tax es due or to become due to the Municipality in respect to any Project or any other low-rent housing projecta owned or operated by t he LOcal Authority. 7. No Cooperation Agreement her etofore entered into between the Munic i pality and the Local Authority shall be construed to apply to any Project covere d by the Agreement. B. No member of the~erning body of the Municipality or any other public official of the Munic ipality who exercises any responsibilities or functions with respect to any Project during his tenure or for on e year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any Projec t , or any contra cts in connection with such Projects or property. If any such governing body member or such Other public official of the Municipality involuntari ly acquires or had acquired prior to the beginning of his tenure any such interest, he Shall immediately disclose su ch interest to the Local Authority. 9. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contr i butions, or both, in connection with any Proj ect remains in force and effect, or so long as any bonds issued i n connection with any Project or any monies d ue to the Government in connection with any -5- • ,. 1:- 1 I • • • t • • • • Project rema~n unpaid, this Agreement Shall not be abrogated, changed, or modified Without the consent of the Government. The privileges and obligat ions of the Municipality hereunder shall remain in full force and effect with r e s pect to each project so long as the beneficial title to s uch Project is held by the Local Authority or by any othe r P ublic b o dy or governmental agency, including the Government, authorized by law to engage in the develop- mentor administration of low-rent housi ng projects. If at any time the beneficia l title to, or possession of, any Project is held by such other public body orgo~rnmental agency, i ncluding the Government, the provisions hereof s hal l inure to the benefit of and may be enforced by, suc h other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Attest: ex off~c~o C~ty Clerk-Treasurer Attest: -6- CITY OF ENGLEWOOD, COL ORADO, a municipal corporation By-=J-am_e_s~L-.-=T-ay-1~o-r~.~M~a-y-o~r--------- ENGLEWOOD HOUSING AUTHORITY By --------------------~C~h~a~i~r=m~a~n-- • /.: !· .. ; . Q I • - ( • ( • • • • 7c BY AUTHORITY COUNCIL BILL N0. ___ 3 ____ , SERIES OF 1979 . INTRODUCED BY _______ ~'-"}Nv-'----~-\'1-~---------- A BILL FOR AN ORDINANCE AMENDING SECTI ON 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY AUTHORIZING AND DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ENTER INTO DIRECT AGREEMENT WITH CERTIFIED EMPLOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTIN G SAID AGREEMENT BY GENERAL LEGIS-LATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. That Subsections (a), (b), (c), (d), and (e) of Section 10, Chapter 10, Ti tl e V, of the '69 E .M.c ., are hereby amended to read as follows: 5-10-10: OBLIGATION TO MEET AND CONFER; TENTATIVE AGREEMENT ; RATIFICAT ION AND APPROVAL. (a) The City Manager, or other representative as may be properly designated by him, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of such certified e mployee organizations as herein- above defined and shall consider fully such proposals as are made by the employee organizations on behalf of its members prior to arriving at a determination of policy or a course of action. "Meet and confer in good faith" means that the City Manager, or such representatives as he may designate, and representative s of certified employee organiza- tions , shall have the mutual obligation to • I • • ( • • • • meet and confer within a reasonable l eng th of time in order to exchange freely information, opinions, and proposals . The obligation to mee t and confer in good faith shall commence on or prior to May 15, 1973, and on the same date in subsequent years unless said date is ch anged pursuant to the terms of e"e Meme~and~m e£ Bnde~seand±n~ ANY AGREEMENT . (b) Memerand~m e£ Bnde~sea nd±n~. If agreement is reached by representatives of the office of the City Manager an d the certified employee organization or organizations , they shall jointly prepare a written Meme~and~m e£ Bnde~seandin~ TENTATIVE AGREEMENT. Said Meme~and ~ e£ Bnderseandin~ TENTATIVE AGREE- MENT constitutes a mutual recommendation to be jointly submitted to the City Council on or before July l , 19 73, and on July 1 of the anniversary date of said Memerand~m e£ Bnde~stan d ±n~ TENTATIVE AGREEMENT, or at a later date in the even t negotiations are reopened. (c) The Meme~and~m e£ B nde~seand±n~ TENTATIVE AGREEMENT shall not be binding upon the parties, either in whol e or in part, until a majority of the members of the certified employee organizations shall have ratified said Hemerand~m AGREEMENT by a majority v ote , and until the City Counc il shall: (1) Act by majority vote to fo rmall y approve said Memerand~m e£ Bnde~stand±n~ AGREEMENT BY ORDINANCE . ~~t Enaets neeessa~y amendments te ali e±ty erd±nanees ~e~~ired te im~i ement said Hemerana~m e£ Bnderstandin~ ey ~enera! ie~±siatien. ~3t (2) Act to appropria te necessary funds required to implemen t the full provi sions of the Memerand~ e£ Bnders eandin~ AGREEMENT wh ich requires funding. -2- I • • ( • • • • (d) THE AGREEMENT EXECUTED BY THE MAYOR AND ATTESTED BY THE DIRECTOR OF FINANCE, EX OFFICIO CITY CLERK -TREASURER, UNDER THE SEAL OF THE CITY, SHALL BE FILED IN THE OFFICE OF THE DIRECTOR OF FINANCE. idt Subsequent to the execution of the Meme~a "d ~m (e) e~ H"de~sta"di"~ TENATIVE AGREEMENT and during the period of time said Memera"d~ e~ H"der-sta"di"~ TENTATIVE AGREEMENT is pending before the City Council for action, neither the recognized employee organizations or their individual memb ers, nor management shall appear before the City Council or meet with members thereof individually to advocate any amendment, addition or deletion to the terms and conditions of t he Memera"d~m e£ H"dersta"di"~ TENTATIVE AGREEMENT. Introduced, read in full and pas sed on first reading on the day of , 1979 . Published as a Bill for an Ordinance on the ______ day of -------------------' 1979 . Ma y or Attest: ex officio City Clerk Treasurer -3- I • • ( • • • • 7J BY AU THORITY COUN CIL BILL NO . 2 , SER I ES OF 197 9 . I NTROD UCED BY _______ ---LD....~\\~[v~'\_'v_'VJ ________ _ A BILL F OR AN OR DIN ANC E APPROVING A COLLECTIVE BARGA I NING AG REEMENT FOR THE YEAR 1979 BY AND BE TWE EN THE C ITY OF ENG LEWOO D , CO LORADO , AND THE ENGLEWO OD EMPLOYEES ASSOC I ATION ; AUT HOR IZING AND DIRECTING THE MAYOR AND OT HER PROPER C I TY OFFICIALS TO EXE CUTE AND ATTEST THE SAME. WHEREAS, a Memorandum of Understanding dated S e ptember 8, 1 978 betwe en the City of Englewood ru 1d Englewood Employee s Associ at ion was approved by City Council at its special me eting of Sep tember 1 , 1978; a nd WH EREAS, said Me morandum of Understanding wa s ratified by the Engl e wood Emp l oye es Association ; and WHEREA S, Section 5-10-lO(c ), as amended, req u i r e s that an agre ement b e appr oved by ordinance duly passed by City Council . NOW, THERE FORE, BE IT ORDAINED BY THE CI TY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows : Se ction 1. Tha t t h e Memorandum of Unde r standing dated September 8, 1978 by and b etwe en the City of Englewood , Colorado , and the Englewood Emp loyees Association, a copy of which is attac h ed h ere to and made a part hereof by this reference , be and the same i s h e reby a pproved. Section 2 . That t h e mayor is hereby authorized and d i r e cte d to execute said agreement for and on behalf of t h e City of Englewood, Colorado, and that the Director of Finance, ex officio Ci t y Cl e rk-Treasurer, shall attest the same . Section 3 . That t he following sections of Chapter s 3 , 4, 6, 7, 8, and 10 of Title V of the 1969 Englewood Municipa l Code , as amended, wh erein said sections refer to "all full-ti me , p e rmanent, classi- fied n o n emergency employees of the City," a r e he r e by e xpre ssly repealed : • I • - ( • • • • • CHAPT ER 3 EXAMINATIONS; TENURE; DISCIPLINARY ACTIO NS, (1) 5 -3-7: Probationary Appointme nt (2) 5 -3-8: Promotions (3) 5 -3-10 : Tenure; Resigna tion ; S eparation for other (Repealed) (4) (5) (6) (7 ) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (2 0) (21) (22) (2 3) (24) (25) (26) (2 7) (28) (29) (30) 5-3-11 : 5-3-12 : 5 -3-13: 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: 5-4-1 2: 5 -4-13: 5 -4-14: 5 -4-15: 5 -4-16: 5 -4-17: 5 -6 -1: 5-6-2: 5-6-3: 5-6-4: 5-6-5 : 5 -6-8 : 5 -6-11 : c auses Layoff Reemploy ment Disc i plina ry Action and Appeals CHAPTE R 4 LEA VES .. Annual Le ave (Va c a tion); Ac crual; (Repealed) Qu a li f icatio ns Same ; Use Same; How Ch arged Same ; On Se paration Same ; Forfe i ture S ick Le ave; Accrual; Qualifications; Conve rsion Same; Use Same; How Charged Same ; Un u sed Balance Same ; Nonforfeit u re Same ; Workme n's Compen sat i on Ca s e s Same; I nj uri e s, Temp orary ; Total Disabilities Matern i t y Leave Military Leave Funeral Leave Jury Duty and Wi t ne ss Service Official Holidays CH AP TER 6 COMPENSATION Rate of Pay Entrance S a lary P os it i o ns Comin g I nto Cl a ss i f i ed Service Salary In c r ea s es Ann i ve rsa r y Date ; Changes S alary and Wa ge Schedu l e Longevity Comp e nsation -2- • (Repealed) I • ( • (31) (32) (33) 5-7-1: 5-7-2: 5 -3-3: (34) 5-8-1: (35) 5-8-2: • • • CHAPTER 7 HOURS AND OVERTIME Hours of Work; Hourly Employees Hours of Work; Monthly Employees Overtime Work CHAPTER 8 ADDITIONAL BE NEFITS Social Security Insurance Be n efits CHAP TER 10 EMPLOYEE RELATIONS (36) 5 -10-14: Procedural Rights and Obligations Section 4. (Repealed) (Repealed) " (Repealed) That the effective date of the Agreement dated September 8, 1978 between the parties shall be January 1, 1979. Introduced, read in full and passed on first reading on the ______ day of , 1979 . Published as a Bill for an Ordinance on the ______ ~day of ----------------------· 1979. Mayor Attest: ex officio City Clerk-Treasurer -3- I . - • • • • I, William D. James, do h e r eby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of , 1979. ex off~c~o City Clerk -Treasurer -4- I • • • • • • MENORANDUfl Of UN D~RSTANOJNIO BETWEEN TtE CITY OF ENGLEWOOD AND TliE ENGLEWOOD EMPLOYEES ASSOC IATION Th i s Aaree.ent entered into by the City of Enalewood, Colorado and the Enalewood E•ployees Associati on has as its purpose the pro.ot ion of ha~on i ous relations bet ween the City of Englewood a n d its U.pfoyees. a fair and peaceful procedure for t he r esolution of differenc es: the establishaent of rates of pay and hours o! work , and other cond itions of employaeat. Except where l imi t ed by expres s provisi ons . elsewhere i n this ARTCC!'IIent. City Charter and ~1unici p .al Code , nothi na in this Agreement shall be construed to restrict. Jiai t o r imp3i r the r igh ts. po•ers :.nd autho rity of the C i ty 11 &ra n ted to it under the la"''S of the State of Colo rado and the City's Charter and Municipal Code . The ri&h t s. po..,c rs. and autho rity includ e-. but are n ot liaited to. the follow i nJ : (l) lt is t he e.z c lus ive right of the City to deter111inc the •h si on of ea c h of i ts cons t i tuen t dep.art•ents. boards a nd c oMmissi ons. con- sistent with the provisi ons of the Code , and to set standards of service to be o f fered to the public. and to e.a:ercise control and discretion over its organiz..at ion and operat i ons . (2) lt i s a lso the ex c lusi ve ri~:ht of the City to di rect its ea- p loyees, ta\:e d i s cl pl i n»ry otct i on for proper cause. rel ieve its eaplo)·ees from duty because o f Ja c k of wor• or for other legitiute reasons . and detei"'DDine the method s, •ans, and nersonnel by ..,hich the CJt y"!i operou ions are to be conducted ; providrd . ho .. rvcr. th•t the exercise of such ri &hts does not preclude e11ployees or their r cpT"e..,cnt~ti v es fro• con ferr i n& or rai~tnt cr ie van c c ~ nhout the prac tical con seq uences thlt decJsions on these Jnatters 11ay have on ~:t .:r s , hours and othrr te,..s and conditi ons of cmplOYll cn t . (3) The City hils the Ti&ht to c ha nge an y past practice. whjch pr.acti c e is not in confJ Je t "'ith a benefit contai ned in this Agrer- aent. Charter. or Mun i cipal Codr: or prior ,.le.,T"andUIIs of Un derst a ndinR wi th superseding ~l emo randu•s o( Understandina provisions prev.ailina subject to t he fol l ow ing c ond i tions ; (a) lmefJts as used in thu provtuon refers to ..,t~er:s, hours, and other tr rms and conditions of enrployaent . (b) In the event 1 past pnctic~ is sou&ht to be changed by the City, the City shall ~aeet and discuss the intended ch.ange "'ith the Asso ciau on "''enty (20) days in advanc e of illpleaentation. or sooner. i f possible in the event of ae e mer gency situu i on . (c) The Association shall have the r i &ht to erieve the reilsonabl eness of the ilction pursuant to the published gr i e v41nc e procedure . i·· .· i I "• I. .. .4 ~ ; •• o( ~ ~ ; ~.1:">. ,:· ; .... :-& w .,. \. ~( :-. tJ • I ·~ ... .l . ...... I . - ( • • • • • ART IC U I. DURATION OF AGRfEHENT A. This AareeAent shall take effect on .:l..,...ry 1. 197!1 and shell conti...,. ia force to and includina Dece..,er ll, 1971. 1 .. This Aareeaen~. or any part of i t. aay be t erainated or rene - aot i ated at •Y ti• by IIU t ual cons ent of both parties .. C. tf any article or sect i on of this Aaree~~ent should be held ia- valid by operatioa of law or by any tri bunal of tOIIJ)etent jurisdiction, er if compli ance llfith or enforceMnt of Any article or section should be re- s trained by such tribunal, the reaainder of tt.is Aaree~~ent shall not be affected thereby and this Aeree.ent shall rema i n in full force fnd effect, and the parties shall proMptly aeet and confer for the purpose of attempt ina to arrive at a autually satisfactory replace-t for s uch article or section. D. The pa rt i e s aeree and u nderstand that provisions relatina t.8 emp loyees covered b y this Ag r ceacnt s hall in no way displace or w.o di fy present or fut ure 5tatutory or c a se l aw of the St ate of Colorado. E.. The p<~rt ies ad.nowledae that durin& neeotiations lllfh ic h result•• in this AJree•cnt. e ach had the un liai ted ri&ht and opportunity to aale d eaands and proposals with r espect to any subject or aatter appropr i ate for aeet and confer discussions and t hat the understanJ.ines and a ~r cc•nts ar- rived at by tbe parties after th is e xercise of that r i &ht and opportunity are set forth i n this A&r eement. ARTICLE II. RECOGNI TION The City recognizes ttae Enele..,ood Eaployees Asso ci ation •~ the em)'l1oy .. orJanizatJon certified by the Career Service loard of the City of Enal~d •• the exc lus ive representat ive for the publi c .-plo,ees within the followin& b ar&alniDI unit : Jnclucled : All full-tiae. pe1'aAalnt. clusified fton -eaer,cncy eiiJiloyees of the Clty . Exclude4 : All part -tiae . t e •pora ry. sea ~ar~a l. and contractual e.ployees. student s and al l em p loyees h 1red throuah the use of Federal. state or other out side fund ina aourcrs for 5pecial projects or pro&r ... s . 1M City rec opizes dulJ' elected Officers of the Assoc i at i on as offic i al representatiws of the A.ssociatign or ot.her autbori%rd representa ti ves. ARTI CU I I I . NO NDISCRIMINATION A. The Ci ty will not i nterfere with or d iscriminate in respect to ~ny ten or condit i on of em p lo ym ~n t aga inst any employee covered by thi s Agreewent bec ause of w.embership in. o r leg i tima te ae.t i vity a s provided i n this Agreentent on behalf o f the me•btors of th is bargaining Wlit . nor ~ill t h e City encouraec memb ership in anot her Associ •tlon . 1 . The Associat ion recognizes its responsibility as the e~:c lusiwe barga ining agent and agrees to represent a ll employees i n the b a rgaini ng unit .,·i thout d iscrimination. i nterference. restra i nt or coercion. - 2 - • ·'' -~. ' . i' I • • - I I ., • • • • - ARTICL£ IV. 91PLOYEE RIGHTS a . Employees of the City shall have the r i aht to !ora, Joln and participate in the activities of e•ployee oraanizations of their own chooslftl for the purpose of representation on all .. tters of employee relations. 1 . E~loyees of the City a lso shall have the riaht to refuse to joia or partic i pate in any act i vit i es of em p l oyee o r&a nhations and shall have the r i &ht to represent the-selves individually in their employ.ent relaticms wiU. the Ci ty. C. No eaployee sha ll be interfered with, intimidated, restraiAed. coerced or discr iainated a •ain st because of the exercise of these rights. ARTICLE V . flOURS OF WORK -HOURLY AND fotONTH LY EM PLOl"EE S A. Hourly &ployecs . All emp loye es on an hour) y '-'3£C rate shall wor• the nLNaber ef hours assi&ned for their respec tive duti r-s d urin& each day, ..-en, JM»nth or sessi on . I . t.lonthly Employe es . All depart~~ents . fun c t1ons or a cti\'it ies shall ob s ~rve offit'e and workina hours ftece ssary f or the effic i ent transa c t ion of their rrspectift srr- vices . Such have bee• det cna1 ned for .anthly ~pl oy ee:s as fol J-s : (J) All e •ployee• c overed by thu Aarec•e nt shall wor._ It lealt fort y (•0) "ours per week, O T jft the C8 !t e of s h 1ft work . •n a"'eraae of forty (4 0) huurs p~r •cei.. The work wee:L sha ll con l st of f1 ve (.S) e i <'t -hour shifts. or other r l schedul e• •• cle te ,_l..., by t~ '-'e p.n...ent heM with approva l of t Cuy Ma. .... ,. NothlftJ hn-eia s llall be c o nnn.:d a uara nte-e 1n1 .-pl o1ee1. forty (fO) hD'-'r• of "otl per -d or "'I t ( ) houro ef-per .. y . ARTIC LE VI . OVLRTI A. for aJJ e •o•e cove r e-41 tlus Ae ren.rent. ADd e11 cept as other- "'i se provute41. dut i e • r r fo1'1N'4 O\tef" an~ a ve the ••s1enrd work schedule or on holidays s hal l be c dere d oven a• for a U IIDftthly eaplo}'tes. other tha e.,Joyeea tlllto ae wort. sc-edule pro Jde a dar-off 1n 1 Jcu of any hot i clay. ~erti• shll aot M ca.put ~d nor COtlpe-niatJ oa a llotted on previou s ly accrued overtlM . The a p Olntlnt aut orJty a1'ul the C.reer Service B o~rd are hereby authori zed to e s ta 1t • b a &r~e~nt s , s prci fJc pos iti ons "''hich llo"ill be considered eae~~pt f ToM o ert1• p.t y or co~npensa tory tiw . B. All personnel. othe r than tho5 e so de tenlined to be ea ~IIJ>t fro• cor.~pensation of overtime, shall be compensated for overt une work at the rate of one and oft e-hal f (l~) tiMes the non~~al pay rate . Howeve r, ov ertim~ .. , be compensated e1 ther Wl th compensatoT)' t i ae off during nOT"aa] work hours. c oa.puted It the rate of one and one-ha lf (1~) t i -.e1, o r by one and one-tlalf (1.,) times the nonul hou r ly r~te for each re spective position. as detenined by the appointin& authon ty . C. The aforesa1d not ~oo tthst a nding . the appo intint: authority may authoriu: overt ime co11pcn s auon f o r ovc r tl me .. ·orl.ed dUTina e mergencie s for any municipal e mpl oye e bel~· the department head level. - 3 - • . , . ·-. ~ ... •' . ~- ' ..... .. , .. I '. i . I • ,r • • • • ARTICLE VII. COMPENSATION A. Each e•ptoyee in the Class ified Serv ice sMtl b e paid at one ol the r~tes set forth in the pay plan for the class in which t.e is e•ptoyed . I. The •iniiiUII rate of pay for a class shall be paid to aa e•ployee who is startin& his e~loyaent with the City . However, i! the appointina authority !eels that it is in the best i nterests of the City to c111ploy above mini•u• rate. he aay sub11it a request in "'r i ting to the Board. JustificatiOII -..n relate to special qualifications and experience, or to the non-availability of qualified eligibles at the mini au~~ rate. In the latter case, authorizatioa for h irina above the 111ini1DWD rate shall apply to all positions in that chss, and at 1 pn~sent employees in that class shall be raised to the new •inimwt rate . C. When a reaular full ti11e position not <.;nder the Classified Service is brought into the Cla ssifi ed Service. the rate o ./ pay of the it~clabent uy be set by the Board at the step closest tO his cur"·ent rate in the erade establ i she4 for the class . In such cases there wi.al be no reduction ia pay. D. Anniversary salary increases arc not autoutic. The appo intina .autho r i ty shall s ub•it requests for annive r sary salary increases only for tho ~c employees who have demon strated satisfactory \t:orlt performance. A re- quest for salary increment for an c11ployee in the Classified Service IIUst i nclude a statement on th~ personnel action fo111 concerning the qu.lity of service of the employee before the request will be considered by t•e Board . If an em ployee is d eni ed a ~alary increaent on the ann iversary date. the . reason for such denial shall be stated on the personnel action fora by the .. ppo i nt in& authority . E . A chanae i n annive rs .. r y date will result whea : (a) The empl oyee is on Je,.ve without pay. The pn.•v1uu; anniversary date shall be adjusted one .anth for each twenty-two lli'orkin& days of leave ..,ithout pay 1n any t111elve 110nth period . [b) The ellployee tenlinates his employa.ent and latCT is re- e~~ployed . The new anniversary date shall M deten.i ned by his new e.ploy.ent date. (c) An ellployee is denied an anniversary increase because of poor wod. perfonunce or d isc iplinary action. When it 11 detel'lllin ed that the eiiJ)loyee merits an increase. the date of the increase will detenune the new anniversary dMte . F. AlJ employees covered by the tenns and conditions of this Aareemcnt shall receive on January 1, 1979 a sh. percent (6\) tt:aae increase based upon the 1978 •·•ge salary schedule published at 5-6-8 of the -.,icipal Code. ARTICLE VIII . LONG EVIT Y COMPE~SATION In addition to the mo nthly salaries or wa&es estabUshed herein, each employee covered by th is Atrecment "''ho qualifies shall receive additional annual c ompensation i n t he f orm of longrvity co.pensation. which compc!'lt!>:ttion shall be paid to each employee once annually on or about the first day of December of each year . The amount of such co~npensation shall be based upon the number of years of continuous service with the City and shall be derived fro11 the follo..,ina s ch edule : -4 - • .. •. I o \' •. : { -·-"' , . ,: I • r • • • - Amoun t of Campen s at i on Years of Servi ce 0-4 None S-9 $12 per -anth for $144 p e r year, except for those employe es who have not c oepleted 6 full years of conti nuous ~ervice on Dec em b er of a ny year, which e mpl oye es shall rece i v e an a raount equal to SlZ for ea ch full mont h of completed con t inu ous service after c o.ple - tion of S years of cont i nuous s ervice up to Decemb er J. 10 -14 S24 pe r 110nth for $288 p e r year. e:xcept for thos e e•ployees who have not co•pleted 1 1 full year~ of continuous seni ce on De c e11ber of any ye ar. which employees sh all recei ve $144 plu s an anK>unt equal to Sl 2 for each full month of completed continuous srrv i ce a f ter complet ion o f 10 yea r-s o f continuous se rvice up to De cc ... er 1. lS -19 $36 pe r month for $432 p er yc.Jr, C).Cep t for t hose employees who have not co11p leted 16 full years of c ont inuous servi c e on De c caber of any year. which empl oyee s shall receive $:!88 pl us .,n Mmount equa l to $1 2 f or each full mont h o f completed c onti nuous servi c e after completion of I S y ea rs of con un uous servtcc up to Decemb er 1. 20 or .ore $4 8 per month for $576 per year , e~c ept for those ~:mpl oyces who hc.v e not com ple ted 2 1 full ye ars of s e rv1 c c ou Dccclllbe r J uf .,,., year, whi ch emp loyees s hall receive $4 31 p lus a n a -aunt equal t o $12 for each fu ll DK>nt~ o f completed c ontlnuo us serv1ce .Jftcr c omplet ion of 20 yea r s o f conti nuous service up to necewb('r 1 . ARTICLE IX . PH08 ATJONA RY ~MPL0\'~~5 ~ltenever a vacant posit1on t s to be filled, t he top three (3) name s un the proper el i&i b i lity list shall be s ut.itt ed t o t he appointin& author ity for the selection o{ one (l) appl icant to serve a p roba tionary p e riod of not less than t"'elft (1 2) .onths. At any ti-duri .. the probatlOM'f'Y period , the e mployee .. y be d isa~isse d or retu rned to h i s former status by the appo int i na author i ty . Afte r satisfactory c omplet i on of the proba tionary peri od , t he employee shall be g iven permanent s tatus . Pendi n& the e st abli s hm ent of an appli c able eli&ibi lity list, t e mporary appoi n tments ail)' be .. de by t he ap- point i n& authori ty with the approva l of the &oard . ARTICLE X. PROMOTIONS A. Co11petit ive exami nati ons f or posi ti ons above the entra nce level sha ll be open to qualified City c mp 1oyees . and the f1nal score of C <~C h appli- cant shall include appr opri ate cons tdera t ions of the a pplicant's quali fie at ion s . record of p e rformance and seni ority with the Clty. I . Sai d promoted City em pl o yee shall receive a minimum one step in- crease in ~Y a nd serve a u..clve (1 2) month probat iona ry pe-r i od in the new pos ition; provided, ho~o>ever, that a fter havin& s atisfact oril y served in sai d ne .. · posi ti on for a period of at least six (6) months, the head of the de- pa rtment to ••h ich the emp l oyee wa~ promot ed may recommend perm3ncnt !<tt atus i n the ne"' position f or sa i d employee prior to the expiration of sai d H•elve (12) month period. Should th e appointing aut hoTJty and t he Ca r ee r Service Boolld approve penr.a nent status fo r sa i d empl oyee prior to the expira tiofl o f s.ocl t~o>elve (12) mo nth p1·oh:niona r r per i od, s:ti d <·nployt·c shall be cun!-l dt ·r c d tO laVf' p e rmanen t St atu!> IJ;)o n :lt\dlTilHr, pCI'~I:IIlt'f\ SlJ H.S lO t i 1C llt\o')'ll• tH1n, o;.JHI t•np l o yt·co sh;1ll rec t· \'C .m ;uld ~ttt.nd on e-!o~•·r 1nc r '·'"" 111 _1.1.'; nc .,.nt . ho~o, \t.r, t ha t sa1 d a dJ Jt •lUl l !'itt'p i s 3 \';IJl.• l c 1n tht In .. 1 r .•d_'. -~ - • i' .... ,~ •,-..;;,;, ' -\;-"'"· •• llfl ~ .. ' ':. r ,. .. .:~ •• T;J I • - • I I ( • • • • C. The reclassifi cat i on of a position occupi ed by a penDanent eaployee in the classi f i ed s eTVice shall not be considered a s a proeo ti cm. D.. Any permanent eaployee in the class i fied service upon beina pr0110ted to a new position i n the Career Service System shall have proba- tionary status as set out above in any position to which he was proaoted , but s"all retain pcraaneat ~tatus i n his p revi ou s classificat i on and aay transfer back or be returned tO that previous classification at any t i •e dur in& the probat i onary period . ARTICLE XI. ANNUAL LEAVE (VACATION); ACCRUAL; QUALIFICATIONS A. All e~~ployees in the classified service and covered by this A.crccment workin& a forty~hour wee k . s hall be entitled to fifteen (15) days of anauaJ leave each year. Annual leave shall a cculllUlate monthly at the rate of one ;,nd one-fourth (lit) days per month of acti ve srrv ic e . In order to qua lify for aft- nual leave credit during the month. th e emp l oyee must receive pay for •t least one-half (~) of the ..-orkina days of that .onth . Annual lea ve shall not be grant ed to any employee unti l h e has been ht the c•ploy of the City Cor at lea s t six (6) consecutive mon ths. Fo r those e mployees havi ng less than tn (10) years o£ continuou s se rvice. the max i mu. accuaulation of ;1nnual leave shall be thirty (lO) days . 1 . After ten (10) years of continuous service all employees in the class i fied •ervice and covered by thi s Agre eaent shall rece iv«-one .1nd one- Ulf (lit) days of annual leave per aonth of act i ve service. The aax i ... ac- cWIIlation of annual leave for all classified eaployees covered by this Agneaent slulll be forty (4 0) uys. C. Annual leave shall neither be author i1ed nor c-n ll l!"llted fnr •ny purpose after the uai._ ac.a.ulations of said l eave have lte en r eached. The schedule for use of annual leawe shall be detenllined by the needs of the depart881lt. Annual leave shall be taken at a tiae c:on.enient te and a pproved by the de~rtaent he ad . Annual leave shall be ~llowed only to the total aaount ac:cuaalated at the be&innina of the luve. as verified by the Employee Relations OcparUlent. Ho..-Charaed Annl.llll leave for eaployees ..-orkina a forty (40) hour werk shall be charaed oa a workin&-day basis . e•cJudina t&olillbys or other rerular days off. Shift worker or e!lployees work.ina an i rrerular s c hedule shall f.Sle with the Career Service Office their sche dule of work l na days . Oh Separat i01t After co11plrtion of si x (6) I'IOnths of full -t i•e continuou s s erv ice . and upon separation fro11 the City•s e•ploy. a ll annual leave baltmc e s hall be paya ble a s a 1~ sua added to the final pay for the last day of "..ark . Forfeiture An nployee d ismissed for c ause. or who resirns ..:hile under suspen s i on. may forfei t all earn e d l e ave when such action i s rcc:ommcndrd by t he appoi n tin~ authority ~nd approved by the Board . Employees shall not lose annual lea ve Uc( a use o f transfer or TC:l.Ss ignmcnt . . " - • ~ ... · ·' ;(..' .- «\. I • - ( I ( • • • • ARTICLE XJI . SICl LEAVE ; ACCRUAL; QUALIFICATIONS; CONVERSION A. Sick lene for all clauified e•ployeu cevered by this Acre-t sJ\all acc..-ulate .,nthly at the rate of cme and one· rourtlt. (l'r) pay per each acmth of activ• service. and said up·Joyee ah.al l be ent itled to fifteen (15) days of sick lane uch y-r.. After ta (10) years of cont inuous .5ervice all classified eaployeea covered by this · AJfte .. nt shall accumulate sick leave at the rate of one and one-half (lis} days per -.onth of a c tive service and sJ\all be entitled. to eiahteea (11) days of sick leave e ach y ear. 'nte aaxi .. accuaulation of sick leave for said e.ployees. reaardless of years of service. •hall Bot exceed one hundred fifty (JSO) days . Sick leave ~~ay be converted to annual leave after the accuaalation of at lean one hundred ten (11 0) days of sick lean. at the rate of two (2) clays sick leave to one (J) day of annual leave . All such leave ac:c~lated alter tt.e maxim. of one •unctred fift.y (150) days shall autoaatically conven to annual leave at the r•te of t• to one (2 :1). 1 .. Upon retire•ent of any employee c overed by this Aareelle'nt an• pursuant to the provisions of Chapter t. Title V of the E:nalet~tood ,.,_nicipal Code or Title 45. Un i ted States Code Annotated (Social Sec urity Act) said e•ployee aay c onvert a maxiliWII of nine tlundred s ixty (960) hours of sick tuft for a r eti rcaent bonus on the basis of sixteen (16) hours of sick Juwe to eight (I) hours of bonus pay . Sick Leave Util iuatiDft A. Authori&at i on for sick Jeawe shall be aranted only for tM foll-iaa roa•ou : (1) PersOftal illness or injury not 1ervice coMec.ted, ex:cept as herein othendse provided . (2) llod!cal •ppoint-u for the e.ployee. (l) Illness of tt.e eaployee•s spauae or children with aec.essit.ate the ltllp101••' • abseace !roa sen ice .. (4) Te-rary d i •ability due to uternity. a. Prepant empl oyees st.all be &ranted a uterDity leave of absesac.e "i thout ... , u foll""o: (1) Pn,....t -ployees shall be JTMted uternity leawe of ahsence "itMut pay for • period of ti• ., to but aot exceedina foar (4) .... b . (2) bployees aranted uternity leave •hall have the opt i on of usin& a cc rued annual leave with pay for all or any portion of soid four (4) ...,ek period . C. Sick leave sha ll be allo..·ed CJ~t~ly to the total awaount acc ..a.lated at the be:&inninJ of a leave. a s verified by the E•pl oyee &.ela tions Dep artMnt . D. It shall be the responsibility of the depart•ent loud te detem M the va liditJ' of e li&ibility of the sick luw . His sirnature on t'-Jeaw reque st fo r. notin& sick leave entitlewent st.all ind icate suet. detentinatiOII . Si ck Le a ve Dedu c tion Sick leave shall be charged on a scheduled t~r:or ling d ay or worl.i nc shi ft basis . exc lud i n& holi days . For three (3) con s e cut ive da y s or two (2) con- s ecut ive shifts of absence. or mo re, it '-'ill b e necessary to o bta i n a phys i cian'·. ~t v tcment vc:rifyin& the illness a nd ina b ili t y t o wo rk. 1 f no S1 .a ch H&lt t ·m ·n t 1s ;,vat t a b le. the e~nplo)'ee ~h all be c hJJ ,cd f u r Jn nu :ll ':•..:<ll i c•n l l!:t \1!, 11 ·,u f fi t l ent annual le ave is not availablt·, the C:nl f•loyce !-h i ll l ·c ~h a1 J !Hl l c.\c ,.it11o ut p a y . -1 • • I • • ( ( • • • • Unus e d Ia J a nce All s i ck leave shall exp i re o n the d a te of separat i on f r om se rvi ce and no tll])loyee shall be re1-.bursed fo r unused sick leave bal a nce . Nonfor feiture E•ployee s s h all not lose e a rned sick leav e bec a us e of t ran s fer or rea s s i en.ent . ARTICLE Jill. ~'OR ~~IEN'S CO>I PENSATICJI CASES 1D case of absen c e due to illne ss or injury for which workaen•s coa- pen s ation b e nefits are received, si c k leave uy be utilized to t he extent o! the d ifference b eh:e en s u c h b ene fi ts and the e•ployee•s regular salary. ARTI CLE XIV . I NJ UR I ES, n II'O J(A RY, TOTAL DI SABILITY For any on -the-j ob i n jury khi c h c a uses any t-mp l oyee to be ab~ent fro• "'o rJ,; as a result o f such inj ury, t he City shall pay to such employee his full waaes froa the first day of his abs ence froa workup to and includin& the 90th cal e ndar day of s uch ahs ence. l e ss .,.hatcver s~as received by the em ployee as temporary total di s abil i ty benefits under workMn 1 s co111pensation. Absence fro• the job as a result of an on -the-j ob injury , durina the first ninety (90) calendar days thereof. sha ll not be c ha raed aaainst the employee•s sick leave. The City res erves the n &ht to require any e~~ployee on injury or d j s ;~biJ i ty leave to subeit to an exa mination by a City-appointed phys i cian at the City•s eapense . ARTICLE XV . MILITARY LEAVE A. Any perma nent or probationary t-Ployee who enlists or is inducted ! nto t he •i 1 itary. no.v~il, a i r or other ar.ed 5eTYi cea of the Uni tell Statc5 in t i me of •• :ar shall be enti t 1 ed to a leave of absence without pay for the dura - t i on of such .... r o r un t i l honorably dhcharaed. whichever occurs fjr s t. omd for one (1) year thereafter . 1 . An y e•ployee who sha ll be a llnlber of the National Guard or any other coaponent of the •i litary forces of the state, now or hereafter or- e a n i ted or c onstitute d under st ate or federal la111, or who s hall be a ~aembcr of the reserve force s of the Un 1 ted States, now or hereafter oreani.z.ed or constitute4 Uftder federal law. shall be entitled to leave of ab s ence frc. h i s eiiJ)loyant wi t ho ut los s of pay. senior i ty, status. effic i ency ratina. vacation , sick leave o r other bt:n e!tts for all the till&! when he is e neaeed with such oraan i :tat l on o r ccnaponent i n trai11in1 or active s er vi ce o rdered or authoriz ed by proper a u t h o ri ty pursuant t o law . •'hether for state or fede r al PUTJ>Dses, but not e xceed 1n1 fiftee n (15) d a ys i n any calendar year . Such leave s ha ll be a ll~e d i n case t he req ui red •i litary service i s sat i sfa ctor ily performed, ~·hich s hall be p r e s ~d unl ess the contrary is est a b li shed . C. Such l e a ve shal l n ot be all011r1ed unless the e~loyee returns to h i s pub li c po s u1 on Jcmed•at ely upon beina rel i eved fro• such •i l i tary s er- vice a nd not lat er t ha n t h e exp 1ra ti on of t. .. e t i M here i n l i •i ted for such le£ve, un l e ss he i s p revent e d f ro. so return in& by phy s i cal or mental dis - a b il i ty or other c aus e n o t d ue to h i s own fau lt or i s r equ ired by proper authori t i es to c o ntinue i n s u c.h ruilitary sen·i ce beyond the t ime here i n 1 i mi tcd for s u ch l e ave . • 8 • • .,. : .• r ·t I • • - • ( • • • • AKTICLE XVI. FUNERAL LEAVE The appointin& authority •ay arant leave with pay to an employee to att e nd the funeral of a me11ber of the employee's family . The n um ber of days er<~nted shall be aovemed by the circwnstances of the case, but in no event shall they ex c eed five (S) lllfork i ne days . For the purposes of this section. 11 employee's fo~mily" shall ~~tean the employee 's spouse. or the ch i ldren, era nd children, parents, &randpare nts, brot hers and sisters of the employee or of the employee's spouse. ARTICLE XVII. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a "'it ne ss in his offici al capacity in obedience to a subpoena or direction by lega l authorit y . He shal 1 be ent i tled to the di f ference between his regu lar c0111pensation and the fees rece i ved f o r jury duty or as a witness. h'hen he is subpoenaed as a wi tne ss in private litigation to te s tify. not in h is official capacity but a s an indi v i dual, the t i me ~b ~ent by reason the reof shall be taLen as annual 1 c ~•v e o r leave without pay. ART!CLE XVII J. IIOI.IDAYS City : A . The fo l1o.d ng days shall be c on si dered official holidays by the (1) NeiW Year's Day : January 1 . (2) Wash ington's Bi rthday : the third J.kmd ay in February . (3) Memo rial Day : the last. Monday i n May . (4) lnde pcndenc. Day : July 4 . (S) Ubo r Day: the first Monday in Sept em ber. (6) Veterans Da y : November 11 . (7) Thanksgivin& DAy : the fourth Thursday in Novellber. (8) Fou r th Friday of Nove•ber followina Than'k sgivi ne Day . (9) Chri s tus Ev e: December 24 (except e•ployees on sh ift worL). (ID) Christmas Day : December 25 . (11) New Year's Eve : Oe c eaber ll (except employees on shift worl ). 8 . Any employee in the Class ifi ed Service and covered by this Agrc cua:nt who does not per fora duty scheduled em the work ina days i-cdiately pr i or to and followin& a holiday shal l not recei ve pay for the hol iday unle ss such ea- ployee "'as ab s olutely unable to perform duty for reoason ~ of i llne ss . :.uthorued leave or other reasons detenined by the appoint ina authori ty to be sufficient . C. Eli&ibl e e11ployees shall receive one day's pay or f'qu ival ent tilae off at the d iscretion of the dcpart•ent head for e a c h of the ho lid;~;y s which they perfora no work. Total compensation for an employee "'orkine on an o f- f ici al holiday "'ill be one an d one -h alf (1~) t i •s t he norma) rat e of pay for all hours actuAl l y worl.ed . 0.. h"hen any of the foregoine holidays fall on a Sunda y , the f oll ow in& ).kmday shall be obs erve d as the le&al hol i day. When any of the foretoina holidays fall on a Sat urday . each e mpl oyee shall be entitled to a day off for s uch holiday. wh ic h day off eac h employee shaJl be scheduled as the Ci ty ).lan a ge r detenunes. but no s pecific day s hall be obse rved a s a holi day for purpose of closin& City offices and functions . E. During al l hol i days, City offices and functlons sh all be closed "'lll1 t he excep tion o f those c.l cpartn.cn ts or d1v i~i o ns ··ho:.c t~p l·r ~t ion is IH·cc s~., :· t o 1he publ i c health and Silifety . -9 - • -~ ·•-:; I • • ( • • • ,. • ARTICLE XIX. UNIFORM CLEANI NG DE DUCTION The current deduc tion f o r the un i fo rmed non -em ergency c mp l oyees for un i form cleanina in the a mo unt of $2 .12 per pay period wi l l be disc ontinued a s of January 1, 1976. The City of Englewood Ni l) pay total c ost of un i fora c l e anine,. ARTI CLE XX. TUIT I ON REF UND The tuition refund proeram will be c o nt i nued in a c corda nce with the 1976 Memo randu. of Under s tand i n2 and t h ereotfter at a reduced l e vel of contri- bution by the City of $10 p e r person p er numb e r of emp l oyees covered by the Curren~ Te&u)ations of the pro graJI . ART! CL E XX I . LIFE · I NS URASCE life i nsuran c e wil l be t nc r e ascd f rom t h e pre sent $11 .000 fo r e ve ry e mp l oyee to $20 ,000 for eve r y <'m p l o ye e. Th e same conve r s ion p r ivil e ge s upon r e t irem e nt of 5 0\ c o ve ra ge pay ab l e by t h e e mpl oy ee wi ll continue . The A.D. ' D. provis ion wi ll al s o be i ncre a sed from S ll ,OOO t.o $20 ,000 for every cm ployt"c . ARTI CLE XXII . DENTAL I NSURA~CE Ci ty fundin& of t he c o ve ra2e f or the City Denta l l n surance Pl a n •·ill be 10 0\ for sinale, 75 ~ f o r d epend e nt •nd the e mpl oye e !th a ll be c h ... rgcd 2S'- of a dependent c ov c r a~:e . (For des c npt1on o f t he c o ve rage pro vid t"d, !'t'C th e Ci t y Dental Insurance Pl an .) AHTIC!.E XX III . SOCIA L SEC URITY The benefi t s of old a.:e and su r vivor's 1n s uranc e are hereb y ~x tendctJ to all offi c e r s a nd empl oyees o f the City covered b y t h is Aareement . The proper offi c ers of the Cit y s hall make pay roll deduc t ion s from sal•ric s, uJ..e the require d pa yme nts by the Ci ty and do all other t h1n~s neces sary t o assuTe the co verage of the sa i d offi c ers •nd employees of t he Ctty i n the said ol d a·ge and surv i vor's i n sura nce p rogra•. AR TICLE XXIV. II EALTil I NSURA,CF -EMPLOY EES /RETIR EES A. City fun di ng of the covera&e for the Ci ty Health Jns unmc e Plan ••i ll be 100\ for sin ~:le, 75\ fo r depe ndent and the em p l oyee shall be cha r eed 25 \ of a de pender.t c o verage . (Fo r de s c npt i on of the c ov erage p rov id ed, see the Ci ty He a lth In s ur.t nc e Plan .) 8 . P.l•jor med 1 c a l ins ura nc e ":j 1 1 be i nc rea scd to i nc 1 u dc prc,;n a ncy •·hic h pre s en tly is an e,;c lu s 1on . C. Hea l t h l ns.uranc e cove n .ee fo r ret i r ee s wi l l be p r ovid ed b y the Ci ty on a non ·p.t r t 1c 1pat1ng b a sl s . Th e tot al p r em i u m wi ll be p.tld by t he 1ndivJdua l . The c over-agc "'l l l toordJnat e ... i th ).S cdi ca Jd ~l1 c rc vc r ~pp l lc<tb )c . D. Tho se r eti ree s und e r the C1ty o f En t l cwood he<~1th i nsurance pl an on • di r ec t p a y bas i s an d fu ture re urecs o f the Ci t y •·i ii be cove red at Ci t y co st f or t he 1r 1n d1V 1d ua l h e alt h insu ranc e c ov e ra ge . Th!" City \o.'J l l not c or.tri hu t e t o•·ard s the dt:'prnd enc.y (Ov cr:1 c c but t he rc t i H·\! rema i n s [J l Cib )e t o c a rry t hat c o vera ge on a direct p ay J,a sis . • HI. • •.: ..,'11 .' .. , u .' I • • ': . - • • • • • ARTICLE XX V. RETIR9!ENT BENEF ITS The ret i rement benefits for emp loyees covered by this Agreement are set forth in Title V, Chapter 9, Retireaent. of the Municipal Code and are i ncorporated herein by refere nce as if set forth verba ti•. ARTICLE XXVI. LAYOFF h'henever there is lack of work or lack of funds r equ1r 1n& reduc tions in the number of employees, the appointin& authority shall designate the or- eaniz.ation unit and classes in which Ute layoff is to be made . Upon such determination, the required number of e•ployees i n the affected unit and class s hall be placed on a ree mp lOYJient Jist or transferred by the appointin1 authority, each in order o f h is relative length and qu3li ty of service as shOioo'Jl by the per~onn el records. with the approval of the Bo ard. ARTICLE XXV II . REHIPLOniENT A .. Any permanent employee is a classified position. wh il ~ in ~,;ood stcmc.Jin& and u pon recornraendo.ti on of t he appoi nt i n e authori ty a nd <Jpprova l by the BoaTd, •ay for spec i fic purpo&es be granted a leave of a bsence without pay for a period not to exceed two (2) years. liZIIH'diately upon such J;Tttn t. said employee shall be placed on a reempl oYlMnt list for h i s or her c las - sification . Materni ty lea ve "'ithout pay sh~ll b e eranted upon rt"q uest. 3nd sai d e~apl oy ee shall be ret u rned to her for~~e r classification at the c onc lu s1 on of her aatern i ty leave. , 1. For a period not to exceed two (2) years a fte r a ccept in& '" ap- pointment fro• a c lassified po si t ion to an un c las si fied position i n thr C:\ty s erv ic e , an .-ploye e s hall be placed and cont i nued on t he reemployment list i • h1 s c lassificat i on . C. When e ver a va c ancy v i thin any clas s1fi c a u on shall oc cur. the posit ion shall be offered first to any person who i s on the reemp loymen t list f or such cla s si fi cation b y vi rtue of subsec t ion 8 of t h i s sec tion, nn d i f not accepted by hie , the position shall be o ffered to ~tny o ther pc r !'ons on the ree•ployaent list f or such c la ssificat ion in the order of their placeaent on this 1 ist . D. ForMr employees o f the classi fied servi ce who resien from pcrm.m t:n t status wh i le in &ood sto.ndin& may uke vr i tten •ppl icat i on for r c c rap loymc nt i n h is previous classi ficat i on within two (2) years of the dat e o f resi~nat i un under the follow in& c onditions : (1) Wr itten appl icat i on aust b e received by the City prior to the exp i rat ion of t wo (2) years from the date of res i gnati on . (2) The department head a nd the appo ln l i n& authority shall make s uch recommend at 10ns to the Board for ree•ployme nt as in the i r discretion they deem appropriate . (3) The appl1cant 11u s t p ossess speCJal q ualific ations for the position or make a sho"'·i n& that his or her ree11ployment would ruterially bene f i t the City . (4) Reemployment s h all be .nade there after only "''ith the oilpprova] o f the Boa r d after s uch exam i nation and other conditi ons as the Board d e ems necessary • • I I • • , .. I • - ( • • • • • ART ICL E XX VII I. GR IEV AN CES A. The purpos e of the gri ev.mce proc edure i s to p rov1de a just aA4 equitable method for the resolut i on of ariev ances ~ith o ut disc r i mination. coerci on. r e straint and repr isal acai n s t any employee "ho may s ubm i t or be i nvolved in a griev <~n c e . Employees ruy be r epre s ented by p art i es o f their c hoi c e at any st•&• of the grievanc e procedure . 8 . Definition . (1) "Gri evance" means a c omplaint by an em p l oyee c o n cernin e the interpr etation o r app lication of the prov isions of the t·lcmo ran dUII of Unders tand i ng or of r ules and reaulat i ons coveri ng pc r~o nnel practice or world ng c ondi tion s . which compl aint has not been resolved s at1 sfac toril y i n an in f o t"~Ul mann et" between the emp loyee a nd his imm ed i ate s uperviso r . (2 ) "Bu s ine s s Da y" mra ns ca le ndar days e xc lusive on Sa turd ays, Sundays and teaal holi d ays. C. Rcs ponsibi l ity . (1) An e11pl oyee i s cncou r aeed to d jscuss hi s comp laint with hi5 i nnedi ate s upe rvi s or . Th e irruncJi atc s upe rvi s or wi ll . upon request of an employee d i scu s s the cmp loyee•s complaint with him at a mutually sati~fa c t ory ti•e . (2 ) Department heot d s s htal l have the re:.pon ~JlJ J}Jty to : d tt ~•np t to resolve the &r i e vanc e ; in f o r • an e mpl oye e of ;~ny 1 i aitat ion of the department's aut ho ri ty to full y r esol ve the an cvo.nc e ; a nd ~up p l y the e•ployee wi th t h e nece ss ary i n f o rm a t ion to p roc·("~S hi~ cr icv ;~nC""e to the proper a genc y or authority . D. Proc edure. (1) Within th i rty (30) cal e ndar day5 fro• the occurren c e of t he matter on which a c omp laint is ba5ed, or wi th in f i v e (5 ) bu.,.i nc ss days fro• h i s knowled&e of su c h occ urn~nce and d is c ussi on. an e mployee uy file a for11al "'r it ten gri evance . Fi ve (S ) cop i es o f the de pa r t•ental g rievance fora shall be c ompleted by the emp l oyee s tal i n& the nat ure of the aricvance and the r e •~dy he reque st s from his depart•ental mana gement . The e mployee shall s ubai t two (2) c opies to his inllfle d i at e s upervisor, one (1) to the Pe r sonne l Direct.or. one (1) t o the proper e~~ployee orean ita tion .a nd r etain the fifth copy . (2) Wit hi n five (5) b u sjne ss days t he immedi ate supe rv i s o r shall e i ve h is deci si on in lli ri t i n& t o the employee on the origina l copy o f the g r i e va nc e . (3) h"ithin f Jve (S) b usines s days frca hi s recf'ipt o f the super- visor's '-T l ttrn deClsion and us1n1 the returned origi n a l copy o f the gnevance f o rm. the e mployee may appeal t o his dcpaTtmen t head . (4) h JthJn t en ( JO) bu!.Jncss d~ys fro. the rt:cc1pt of t h e t'•- ployee's eravanc e , the d epartment htad o r his de si rnated re p re- sen tatn·c -.ho has not be e n 1nvolved .. Jth the &Tie vanc e 1n pri or le\·els. shall male a t ho rough re\'i e lli o f the er h v;mce. mee t .. d th the partirs invol\'ed and ei ve a r.·r i tt en dt'cision t o the e mployee . l f the depa r tme nt head or his de sic,nated r epr esen t ative fa i l to . . · .. ~ ~ . ·: . !:\I I • - • ( • • • • give a decis ion at t h e level within the specifie d ti•e lir:~it, the f orma l grievance will be considered settled in favor of the employee i n the unner in which t he employee stated his desired settlement in his written &rievance. (5) ~'ithin ten (10) business days from receipt of tbe de- partroent head's decision. the eJRpl oyee aay appeal the deci s ioa to the City Manager. The City Manager shall render a writ ten decision within ten (10) bu siness days fro11 receipt of the e mployee's &rievance . The employee NY, wi thin twenty (20) days, a p peal the Manager 's decision to the Career Service Commission whose deteraination thereon shall be final. ARTICLE XXIX. GRIEV ANCES GENERAL IN CHARACTER In order to provide an effect.ive mechanis• whereby d i sa&rcc•ent bcttt.c en ce rtified employee organizati ons and unageaent conc~rnin~ the in t crp1·e tation or appli c at ion of any of the provi5ions of the Jill l'mor.1 n..Jua o f Un Jcr s t:mdin& affecting the rights of the part i es or the .. orl.i ns: C"o ndit i on s of a si &n i ficantly la rge numbe r of employees in the unit JUY be effectively rc s ul ved . the foll owi n.:. prucedurcs s ha 11 be followed : A. \~!'her e the rc~.:u~n l:t.cJ employee org,.ui1ation ha5 r cMson to helicvc that JUnageraent is not c o rrectly interpreting or applyin& any of the pro· visions of the lotemoranduJIII of Understandin&. said ell])loyee oraan ization aay •request in writing t ha t a meetin& be held with the depart.-ent head to m3le effective recommendat i ons for the re solution of the matter with copies to the Director o f Personnel. Such ~·ritten request shall set forth in deta i l the facts givina rise to the reqt.l8st for the 11eeting and shall set forth pro posed ncoJMiendati ons sought. Wi thin ten (10) hu !'i ne.;s dAys of rec C"ipt of the request for such •eetin& the f\arties will •eet for the pu r pose of discus !'ing and attempting to resolve the a&reewnts. 8. Wi thin five (S) business days of such 111eet i ng and in the event t he matter is not sat is factorily resolved. the employee organizati on shall have the right to meet with the pr1ncipal representatives of the Ci ty who have authority t o reso lve the utter: For the purpose of this prov i sion the man agement's princi pal representative shall ~~~tan the City Manager or his a uthorized rcpre scntat 1 vc i ncl ud in& the Director of Personnel. C. \li'ithin ten (1 0) business days after the JReeting provide d for in subsection 8 above. i f the matter is not satisfactorily resolved. !a i~ {.Jicv· ance shall be submitted to the Board of Career Service Co11n1is s ioncrs "'ho s e decision thereon shall be final. 0 . This sect ion is not intended as a substitute or alternate for the gnevan c e procedure s et forth in Article XXVIJI. Grievan ces, but is i ntended to provi de a rrccedure to re s olve disa&reements affec ting the rights of the parties or d1 sa~:recme nts a r isi n& froa the applicat ion of the terms of the ,.temora nduna of Understandin& affecting a signifi cantly large number of t!r.lp loyees i n the unit, as di stin~;U i s hed fr081 the ri&hts of ind ividual employees. ARTICLE XXX. PROCEDURAL KIGIITS AND OBLI GATJOS S Su b ject to a p pe al to the Commission. the Cit y lolanager sh all h a ve tht: nght to promul J!a le r ules and re&ulat ions eoverning the activity of Ll1tlfH·d cmJl loyce or~:anitations on City p ropen y . i nc luding proccdur~s ((r c on fc..r ring "'ith •~;JO<l f l rt·nt , u !>e of bulletin h o:.nls. o~nd o ther Ci1y fnc i l 1t u ·s , .md the .;olJClt~ti o n of rnc11be r shi p . • i 3 • • •' ' • • .... I t I • - • • • • f'HT I CLU XXXI. MAINTF.NA!!~E OF 8[NEF JTS All wa~:cs , huurs illhl other term~ a nJ conJtt ion~ o f cmp llly•c nt .:r:m t c &J to the emp loye es covered by this A~recntcnt in tl1c l:n j:l c .. ·ood Cho~rter, the ~1unicipal Code, t his ~lcmo randwa of IJndt.•r :-tandint:, •• n,J pri or ta('mo r.1JHlu• of und crs tomdins;. with !.upc r :-cllin& mc n.u ranlolu ltl cf Ulh.lcr :-t a ncl ing provi s ions pre- vai l ina. :-hall c ont i nue in full f o rce ;.md e ffect at the hir.hc~t h·vct of benefits eai s tine immediately pri o r to this Ne•o r .Hh.lUII of UmJcrst :nuJinj. lt is cxpre s!\ly :~~re e d thtt t any chdn&e in ben efits •ust he m·,~;u ti ~t«'ll "'"d aa ret:d to by both part i cs . IN WITN ES S h'llt.IU:OF. t h e p4 rties h:~ve c;w :-..!U this A!,;n:t.:mcnt to be siened by their re :,pec t iv~ r c prcs~tal jves. aml t heir s igr1aturc:" p la r ed thereon, all o n this~ ~..l:t.y o f -;).{~, 1978 at l.nt;h•wootJ, Cu lor.1Uo. CI TY Of J.NC.J.J oh'UOO , COJ.OHAOO -~x£.~-~ ~.-.'\w..,¥-r -~.--4a:.£__ ..v-~.--- .. )/, .. • • I • • - ( • • • • .. • This Agreement entered into by the authorized City representa- tives andtheEnglowood Employees Association shill be considered a mutual request of the above-named parties that the City Council modify the cu rrent Veteran's Day holiday provision as provided under 5-4-17, (a) -6 of the Englewood Municipal Code, to the end that the Veteran's Day holiday be changed for the year 1978 from the current fourth (4 th) Mond ay in October to November 11. The pArt ies respectfully request thh modification and by the ir resp~ctive representatives have placed their signature.s thereon, on this 8 th day of Se ptember , 1978 at [nglewood , Colorado . • '. I • • Mr. Bernard Berardini City Attorney City of Englewood • • • THOMAS C . SINGER II ATTORNEY AT LAW 701 W . HAMPDEN AVE., SUIT£ ZOt E:NGLE:WOOO, COLORADO 80110 /r" / ~ /d_ 4 ,'d ~ .v ...A' ? Z) t7(.,g_, /.(. /('../ d ~ (I' _; tl~ )/ I . A,___; 1-/ iJ"- JJ 1f"/J > .J ) ··~ January 15, 1979 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. Berardini: Re: Extension of Parking Deck Agreement. Subsequent to our discussion last week I contacted Capital Alliance Company with reference to passage of the City Ordinance to extend the Parking Deck Agreement. Capital Alliance Company indicated to me that they were unwilling to accept the Ordinance without some type of provision which allowed both parties to cancel the Extension upon one year's notice. In that the proposed agreement would be between Capital Alliance Company and the City of Englewood, we ask that you table this bill indefinately until Capital Alliance Company takes some action on their own to seek approval of it. cc: City Manager Mayor Capital Alliance Company V~ly yours, T~~inger, II • '7 • I . - • / • • • New Englewood, ltd. Andy McCown, City Manager City of Englewood 3400 So. Elati Englewood, Colorado 80110 Dear Andy: January 15, 1979 Capital Alliance Company has now informed us they are not prepared to request the exten s ion of the parking agreement with the City of Engle- wood unless both Capital Alliance Company and the City of Englewood can have a right to canc el the agreement at any time after fifty years on one year's written notice. Since Englewood City Council has previously indicated reluctanc e to consider a decision that might be better made fifty years from now, we respectfully request the City of Englewood table our request for extension of the parking agreement until Capital Alliance Company has opportunity to become more familiar with the Cinderella City Shopping Center operations and financing. Thank you kindly for your consideration of this request. l·le have asked Mr. Thomas Singer, II to inform Mr. Berardini of this recent develop- ment so that he will know how to report this to the City Council meeting. GVF cc~ Beradini, Esq. Thomas C. Singer, II., Esq. P . 0. BOX 1495 . ENGLEWOOD, COLORADO 80150 -303-761-6800 • I • • ( • • • • RES OLUTION NO. ---~ ____ , SERIES OF 19 79 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR TH E ENGE LW OOD MUNICIPAL GOLF COURSE . Color ado: BE IT RESOLVED BY THE CITY COUNCIL, City of Englewood, F~~ _an~ ~harge~ Fees and charges to be made and collected by the De- partment of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Cours e shall be as foll ows: A . Golf Course Fees -Annual Golf Member sh ip Fees. Family Additional Si_!1_gl~ (.?_ pepple) Member !:J~e kd_ay~_QE_ly Resident $ 85.00 $150.00 $ 50.00 Senior Res ident 70 .00 110.00 50.00 Non-Resident 125.00 200.00 60.00 Se nior Non-Resident 100.00 160.00 60.00 ~~veE _Day__!'_!_a__y Resident 125.00 200.00 60.00 Non-Resident 175.00 275.00 75 .00 For purposes of changing annual fee s the fol - lowing definit ion s shall apply: Weekdays Senior -62 years of a ge and over Res ident -Persons who reside in the corporate boundaries of Englewood or Sheridan. Additional Members -Must be under 18 years of age living with his parent(s) or guardi an and additional fees. Must be in the same cat go ry as the ad ult. B. Daily Green Fees 9 Hole 18 Hole --.---- Weekdays Senior Weekends and Holiday s $2.75 2 .25 3.00 $4.50 3 .50 5.00 Seniors must be 62 years of age or older . • I • • - • • • • • -2 - Section 2. -------- That Resolution No. 68, Series of 1978 adopted and approved on December 18, 1978 is hereby declared null and void. The charges and fees contained in this resolution shall be effective January l , 1979 . ADOPTED AND APPROVED this __ day of -----···-----·-·-. • 1979 . ATTEST: I William D. James , ex officio City Cl e rk-Treasurer of the City o f Englewood, Colorado, do hereby certify that the above and foregoing is a true accurate and complete copy of Resolution No. , Series of 1979, passed by City Council on the ____ .day--of ___ _ ---------· _ , 1979. • I • - ( ( • ( • MEMORAND UM TO: FROM: DATE: SUBJECT: Mayor and Members of City Co uncil Andy McCown, City Manager January 9, 1979 GOLF COURSE FEES • • • As yo u will recall, during the budget process I suggested to Council that a fee s tructure should be developed that would show some benefit for Englewood residents compared to non-residents. Since that time, I have asked Packy Romans, Director of Parks and Recreation, to seek out information regarding annual fees of various go lfing facilities within the metropolitan area, and his survey indicates that annual membership fees for residents and non-residents vary fo r the golfing facili- ties surveyed. He has recommended changing the annual fees fo r residents and non- residents according to the table attached. The annual membership fee structure is consistent with those charged by other golfing facilities. When Council adopted Reso lution No. 68, Serie s of 1978, an error was made in the fees for 18 holes that should have been increa sed by $1 instead of 50¢ as reflected in said resolution. We have corrected this in the resolution attached. However, no distinction between fees for residents and non-residen~was made. This is based on our projected revenues for green fees as presented in the budget in order to adequately cover the operating cost of the golf course. It is our recommendation that at the present time we are still building upon the numb e r of rounds played at the course and, therefore, feel it would be detrimental to the golf course if a distinction was made between resident and non-resident green fees. The annual membership fees that we are recommending will not have an impact upon the overall revenues of the golf course, but will be a benefit for residents of both Englewood and Sheridan. "Resident" has been defined for purposes of establishing the annual golf membership fee as a person who resides in Englewood or Sheridan. Th e original agreement signed with the City of Sheridan for operating a municipal golf course within their bound- aries stated that residents of Sheridan shall receive equal benefits that Englewood residents would receive in using the golf course. I would recommend approval of the attached resolution establishing these fees effective January 1, 1979. )2~:2~~~ (.,ANDy cCOWN Cit Manager ph Enclosures cc: Jimmy E. Curnes, Assistant City Manager William D. James, Director of Finance Packy Romans, Director of Parks and Recreation • I • • Weekdays Only Resident Non -Resident Senior Resident Senior Non-Res i dent Seven Da y Play Resident Non-Res ide nt 1978* $ 70 70 60 60 100 100 • • • COMPARISON OF ANNUAL GOLF MEMBERSHIP FEES Single ENGLEWOOD MUNICIPAL GOLF 1979 $ 85 125 70 100 125 175 1978/1979 PROPOSED Family 1978* $125 125 100 125 17 5 175 COURSE (2 people) 1979 $100 200 110 160 200 27 5 * There was no dis t i n ction in 1978 between r e side n t a nd non-resid e n t . • 0 Additional Member 1978* $ 50 50 60 60 60 60 1979 $ 50 60 50 60 60 75 • • • • RESOLUTION NO .... } ______ , SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARG ES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE . Colorado: BE IT RESOLVED BY THE CITY COUN CIL, City o f En glewood , Section 1. ------ Fees and charge s to be made and collected by th e De- partment of Parks and Recreation, payable in advance, f or the us e o f the En g lewood Municipal Golf Cours e shall be as follows: A . Go lf Course Fees -Annual Gol f Membership Fees . Family Additional Si!l.f,l .!" (~ pc~ple) Me mber ~~e!<~_aY.~. 9!! ly Reside nt $ 85.00 $150 .00 50.00 $ Senior Re sident 70 .00 110 .oo 50.00 Non-Resident 125.0() 200.00 60.00 S e nior Non -Resident 100.00 160.00 60 .00 § e y ~ !:! . .Q_~ y __ .!'J....a y Residen t 12 5.00 200.00 6 0 .00 No n-Res'de nt 1 75 .00 275 .00 75.00 A fee o f 2 5¢ per nine hol e s shall be charged and co l - l e ct e d in add i tion o the a nnual g olf me mbership f e s as sta t ed etbovo.:. For pu rposes o f charging annua l f e e s th e f ol- lowing d ef initions shall apply: Se ni or -62 years o f age and ov e r Resi d e nt -Pe rsons who reside in the corporate boundaries of En g l ew ood or Sh e ridan. Additio n al Hembers -Must be under 18 y ea rs of age l iv ing with his parent(s) or guardian and additional fee s. Must be in the sam e cat egory as the adult • I I 1: I, I • • • • • • -2 - B . Daily Green F ees Weekday s Weekdays Senior Weekends and Holidays Se nior s mus t b Sect "on 2 . 62 years 9 --~lol~ $2.75 2 .2 5 3.00 o f age 18 Ho le ------- $4 .50 3.50 5.00 or older . That Resolution No . 68, Series o f 19 7 8 ad opt e d and approved on December 18, 1978 is hereby declared null and void . Section 3. ·------- The charees and fees contained in this resolution shall be effective January l , 1979. ADOPTED J\ND APPROV ED this 15th . clay of January . 1979 . ATTI::ST: I William D. James , ex o ff icio City Clerk-Treasurer of th e City of En g lewood , Colorado , do hereby certify that the above and foregoing is a true accurate and complete copy of Reso Jution No. 3 , Series of 1979, passed by City Council on the -~5t~ ____ day" o f ··-. __ !at:~~!'.Y ___ . ______ ... , 1979. • I • • • • • RESOLUTION NO. -· _3 ______ , SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARG ES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. Colorado: BE IT RESOLVED BY THE CITY COUNCIL, City o f Englewood , Section l. Fees and charges to be made and collect ed by th e De- partm e nt of Parks and Recreation, payabl e in advance, for the use o f the Englewood Municipal Golf Course . shall be as follows: A . Golf Course Fees -Annual Golf Membership Fees . Family Additional Si!l_gl~ (~-peopl e) Member ~~e !<9 i' Y.~-9 ~ ly Resid e nt $ 85.00 $150.00 $ 50.00 Senior R sident 70.00 110.00 50.00 Non-Resident 125.00 200.00 60.00 Senior Non -Re sident 100.00 160.00 60.00 §e_y~E! .. Q!'IY _!_l__ay Resident 12 5.00 200.00 60.00 Non -Resiclent 1 75.00 275.00 7 5 .00 A fee of 25¢ per nine hol e s shall be charged and col- lected in addition to the a nnua l go l f membership fees as stated abov"'. For pu r poses o f charging annual f ees the fol - lowi n g definitions shall app ly : Se nior -62 years o f age and ov e r Resident -Persons who reside in the corporate boundaries of En g l e wood or Sh e ridan. Additional Mem b ers -Mu st be under 18 years o f age living with his parent(s) or guardian and additional fees . Must be in the same category as the adult. • I I I I I I I, , I I I I I • - 0 • • - 2 - B . Daily Green Fees Weekdays Weekdays Senior Weekends and Holidays • • • 9 Hole $2.75 2.25 3.00 $4 .50 3.50 5.00 Se niors must b e 62 y ea r s o f a ge or o ld er . Section 2 . That Resolution No. 68, Se ri e s o f 1976 adopted and approved on December 18, 1978 is hereby declared null and void. The charees and fees contained in this resolution shall be effective January l , 1979. ADOPTED AND APPROVED this 15th ·-day of January 1979 . ··-----·-. ·------·-·--·· ATTEST: ex oi f icio Ci ty Clerk-Treas ur er I William D. James , ex of f icio City Clerk-Treasure r of th e City of Englewood, Colorado, do her e by c er tify that the a bove and f oregoing is a tru e accurate and compl ete copy of Resolution No. 3 , Series of 1979, passed by City Council on the -~5th day·· o f -·-Januaq ... _. __ . , 1.979 • • It I \ I ' I I I • • • • • • RESOLUTION NO. ___ ~ , SERIES OF 1979 A RESOLUTION AMENDING THE 1979 WATER FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has passed Resolution No. l, Series of 1979; and WHEREAS, this Resolution No. l, Series of 1979 establishes payment to Martin Marietta for full settlement of the Atchison Ranch case ; and WHEREAS, the Water Fund is responsible fo r payment of this settlement; and WHEREAS, the Council is desirous of mainta1n1ng the Water Fund's present sound financial condition , that the fol- lowing funds may be used to the extent necessary to supple- ment the Water Fund if the payment of $750 ,000 shoul d jeo- pardize the current rates charged for water, or completion of the capital improvements program currently under way. Funds from Housing Authority Sale General Fund PIF Self-Insurance Fund (Police Professional Liability) 150,000 150,000 20,000 200,000 (Note the above sources are established in priority use order. Thus Housing Authority funds of $150,000 would be used first and Self-Insurance Funds last.) NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Englewood , Colorado, as follows: Section l. -·----- The following estimated sources o f funds and appro -priations are hereby made in the Water Fund : Source of Funds Retained Earnings $ 750 000 Appropriations Administration and General $ 750,000 • !c I • • - • • • • -2 - Section 2. ------- The City Manager and Director of Finance are hereby authorized to make the above changes to the 1979 budget of the City of Englewood. ADOPTED AND APPROVED this day of -----------------------· 1979. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, 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 No. , Series of 1979, passed by City Council on the day of , 1979. ex officio City Clerk-Treasurer • I . - • • • • RESOLUTION NO. --* , SERIES OF 1979 A RESOLUTION AMENDING THE 1979 WATER FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has passed Resolution No. 1, Series of 1979; and WHEREAS , this Resolution No. 1, Series of 1979 establishes payment to Martin Marietta for full settlement of the Atchison Ranch case; and WHEREAS, the Water Fund is responsible for payment of this settlement; and WHEREAS, the Council is desirous of maintaining the Water Fund's present sound financial condition, that the fol- lowing funds may be used to the extent necessary to supple- ment the Water Fund if the payment of $750,000 should jeo- pardize the current rates charged for water, or completion of the capital improvements program currently under way. Funds from Housing Authority Sale General Fund PIF Self-Insurance Fund (Police Professional Liability) 150,000 150,000 20,000 200 ,000 (Note the above sources are established in priority use order. Thus Housing Authority funds of $150,000 would be used first and Self-Insurance Funds last.) NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: The following estimated sources o f f unds and appro-priations are hereby made in the Water Fund: Source of Funds Retained Earnings $ 750 .000 Appropriations Administration and General $ 750,000 • I • -• • • - 2 - Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1979 budget of the City of Englewood. ADOPTED AND APPROVED this -------------day of ----------------------· 1979. Mayor ATTEST: ~ ex officio City Clerk-Treasurer • I, William D. James, 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 No. , Series of 1979, passed by City Council on the day of , 1979. ex officio City Clerk-Treasurer • I • • ( • • • • RESOLUTION NO. _s , SERIES OF 1979 A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1979 General Fund Budget; and WHEREAS, the City Council has approved raising the monthly compensation for members of the Board of Adjustment and Appeals, Career Service Board , and the Planning and Zon- ing Commission from $25 per month to $50 per month ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section l. ----- The following estimated revenues and expenditures are hereby made in the General Fund: Source of Funds Fund Balance Appropriations Board of Adjustment and Appeals Career Service Board Planning and Zoning Commission Total $ 6,682 $ 2,227 1 .591 2,864 ~ 6,682 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1979 budget of the City of Englewood. ADOPTED AND APPROVED this _____ day of -----· 1979. Mayor ------------·------ ATTEST: e x officio City Clerk-Treasurer I , William D. James, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979, passed by City Council on the ____ dayof _ _ , 1979 • I • - ( • • • • RESOLUTION NO. __ b_ , SERIES OF 1979 A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1979 General Fund Budget; and WHEREAS, the City Council has approved raising the monthly compensation for members of the Board of Adjustment and Appeals, Career Service Board, and the Planning and Zon- ing Commission from $25 per month to $50 per month; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. --------- The following estimated revenues and expenditures are hereby made in the General Fund: Section 2. Source of Funds Fund Balance Appropriations Board of Adjustment and Appeals Career Service Board Planning and Zoning Commission Total -----·--··---- $ 6,682 $ 2,227 1.591 2,864 ~ 6,682 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1979 budget of the City of Englewood. ADOPTED AND APPROVED this _____ day of ---------· 1979. Mayor -------- ATTEST: e x officio-ci t y-Clerk-Treasurer I , William D. James, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979, passed by City Council on the ____ day o f ___________ , 1979 • • • I • - ( ( • • • • !e ME M ORAND UM TO : Andy McCown, City Manager William D. James, Director {' FROM : of Finance vJ D y DATE : January 11, 1979 SUBJECT : Annexation Petition The City Clerk's office is in receipt of a petition requesting annexation to the City of Englewood of a portion of right-of-way of East Hampden Avenue in the vicinity of South University Blvd. According to the Municipal Annexation Act, of 1965, it is required that I inform the City Council that this petition is in custody of the City Clerk's office . I jlw cc : Jim Curnes, Assistant City Manager • I • ( ( • • • • '1'0: 'l'he CJ.tY CuuJH.:ll t .. d Lht.: Cl ty of t.:nqlcwood , Colorado Enr.~lc wood CJ.tY Hull 3400 SouLh ~l~ti Englewood , Color~Uo '!'he Linc.luL·~~l tJI:vd Pct.ltJ.O :i\.."1: Uocs hereby pe t l t .lOil the C1t y council of the C1 ~y of Cn slewooJ, Colorado , to a nnex to t\nucx.:l tion 1\ct of l:lb i, .n; ... me nded , t~c ht:r~lnaftcr de sc r1bcd Ar.t~llh llC' ~uunt y, t:ulo• ,Jn , •n c.l .1 ~ t h e o ...~s1s for su1d P..:!L ltl.On w o u.LU :J!UJ\-.' U III.O Ll u • L"•'. t. .. w .c·•l .1~ fnl}ows: t. I'.·LJ.t 'r•n ... r .1 s t !1c owner o f one hundred pc rc cnt .1f tcr d..::.>crJ.l.H . .:tl r(:.11 l"••i•vi"LY o ~..· .l tltw>:cd to the City of l.nq lcwoorl , coto r ,,<lo. 3. Not l ~:..;s th.:1n one-sixth ( l/6) of the peL 1mctcr u conti~J U lJ U:J wJt •• Lh~o.· <.'tt y .,r t:n•JI<" .... nod , Colorado. 4. t\ ,;omnn ll\ll )' ill 11\tC I"..,!H t CXlSLS CL..,.~,..<:Il propo~w d t n l w .lmw:-:c .! .Hhl thC' Ct tv o f EnCJl c wood , Colorado; the w 1 t:h or c.1pub i.l..! <Ji !· tt .-i ~t al~..;:.-.. t t.c:d w ... th the City o f Enylewootl, Colo nuo . proposed to be annex e d, tV') la:-td held 1n id~nt i cal ow n e rs h l p, • I • ( • • • • two or more con tiguous tracts or parcels of real estate has been d~vided into s~pa r utc parts or purcels without the written consent of the l.::..m.lowncrs thereof. 6. ln cs tab lishi~g the boundaries of the area !)reposed to be annc:xe!d, no l.Jnd held in 1dent1cal ownershlp, wh e ther ~;o nJ:;is tin c; of o ne tr.JCt or p.J.rcel of real estate or two or more contl~uous tr~cts or parcels of real es tate, comp risin<J Lwcnty (20) ucrcs or more ·w.l!uch, together with the bulldings anU lmprovcmc.:nts situ.l.tC t nc.:ro o n has a valuatl.o n fo r olsscssmcnt in t.:Xccss of t"''O hunclrctl t housa nd dollars ('200 ,00 0.00) for ad v ~lurc1n t~x ~)ur~os~s for the year next prcccdincJ thl! ~n nt.:x atl o n, l1t1S been J.ncludcd 1n the area pro- posed to be rl nnex<..;ct Wlthout the w.rl tten consent of the landowners thereof or unless such Lract of l:tnd 1s situated entirely within the outw r bo undar h .'S of Lh.:~ CJ LY of En c;le waod, Colo rudo, as Lhcy ~..:xiut .Jt Lh~.: LllliC til ,11"\lh,.:;-:.IL!OO. 7. 'fil,.· p r opo :;..;d <Hlnexat lon wJ 11 no t result 1n the detu.chment of art!.:& tram any school distr~ct and attach the same to another school distt•lcL. 8. In ~11 r ~.:s~~C L5 , the requirements of Scct1ons 31-12-104 and 31-12-1 05 of t~c Mun>c&pa1 An nexat ion Ac t o[ 1965, ~s amended, ex1st o r have u~en met . 9 . 'l'h .. 1t 110 ~nn<·~:.l tt on ,-\,.·so luLlon, no anncxu.t1on by any other munic1pal1ty :~r any ~art of the area h~rein described for annexat1o n to the C1ty of Englewood, Colorado. l 0. Accompany 1 •n t:l ce w ithin Petltlon are fo ur copies of a n ann exatio n map c onL~i nLn ~ the 1nfo:mation as required l.Jy ScctJon 31-12-)07(1) (rl) nf 1 hf"' '·1uniclpal Anne xation /\ct of 1965, a ~ a mcnd~d. 11. Pct.l.Lion c...·r reO IJC Sts the City of Englewood, Colorado, .J PIJ COVO the unn t:~:o~t lon •l f Llw .:.aru.J pro pnsr1 d tci be Dn n cxc<.l. -2- • I • • - ( G • ( • • • • 12. "l "he leyal de sec ipt>on for the land sought to be annexed to the City of En9lewood, Colorado, ia as follows: That part of the South l /2 of Section 35, Township 4 South, !lunge 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, uescribeu as fol lows : Beginning· at a point 30 feet north of the southeast cCJrncr of Sec tion 35, 'J'ownlhip 4 South, Rilnge 03 We n t of the 6th Prl.nc i pal Mcridlan; thence west and 1J :Il-<~l1cl to the south line of l:iaid Suction 35, 661 .36 feet: thence north 65.0 feet : t.hcmce west and parallel to the south line of said Section 35, 358.67 fccti thence south 5.0 feet ; thence west a distance of 1,626.77 feet; thence west and d}Onf:l a curve to the left having a rad1.us of 783.0 feet a d i stance of 301.40 feet: thence west a distance of 337.5 f eet to the east line of SouLh Lafayette Street; thence south to the center- line of t::ast Han1pdcn /\venue, said centerline also b eing the south line of said Section 35: thence eust alontJ the south 1 inc 3, 270 feet, more or less, to the southeast corner of said Section 35: thence no rth 30.0 faet to the }JOint of bcC)inning, containinq 5.15 .:1crcs, more or leas, said parcel bein<J ad j .:>ccnt to the Cherry llills Village City Llnlits on th~ ~outh . 13. 'l'hc purpose of this ,,nncxation i& to improve tr~ffic ti~fcty throu~l1 incru~sud traffic law enforcement. STATE OF COLORADO S'fATE HlGIIWAY DEPAR"fMENT ........ \ .......... \ By ______ ~~~~;--~)-?)~,-· ---- ~· '··" C~.-,.-·.· .- IITTEST : \ ( ·, ,J \\ ( (/ I '/• 1~ .J/ 1:1;, ~ L .. _!.:£.._. __ _:_ __ I ·-) -3- • • I • • - • • ( AFFIDAVIT STATE OF COLORADO ss. COUNTY OF APAPAHDE --~K~c~l~!~s~l~'a~g~g~o~nae~r ___________________ , of law f ul a9e and upon oath, being first duly sworn, states and deposes iiS follows : 1. That the affiant circulated the Petltion for 1\nncx.ltlOn herein for the purpose of obtol lnl.nCJ t he Slgnatures of the Dbove Petitioner; and 2. Th~t c.J.c h signature thereon is the signature of the person whose name it purports to be. Affiant ~) Subscribed and sworn to before me thia~d ay of '/ / 197~ by __ ~~~~~--/~·---·~··~.7r~!~·~,,~·~\~-- ./• Witness my 11and and official acal. My Commis~ion e xpires __ ~--~/~---~~·~·/--~~··~-~ I • • • • ( ·'. " ~. - • • • • TM Sou th hal f (5 1/2) of East Amhef SI A...,e nue from lhf' llf1 I ,,. on Soutn Do wn mg SttP et tn tnt.· lttnd · ltn .. on Soutn Frnn ld ·n Str ee t -A d toc ent to Den ver t:1 t~ L tmth on th e North 8 lost ( ~'l .653 5 F : 0 910 a cr es , mo re n, leu ) ----JOINT C.IT Y L 1MITS LIN E -----EtJGLEWOOD Cl7f LI MIT S ---------DE NV ER CITY l.IMITS V/7/il AREA ANN E XED TO ENG LE WOOD I<C•f F.-E~I ST I N (, UOUN ll AR I AD D IT IO NAL TOTAl I I· I I · •• ! • O[~VfA CIT "' Ll lol tl5 I • • • • --~· • ~-.......... h ~ .---! -:-~. ~ -==-.,~ ) ·r .. -~:..: 1-;·. .' ... ·~~~\ ... ~> ~ • --~ ~ . _, ) ~ . -_. 1 . :. _( __ , i ' l......-r: " -. II ·~-, ~ ~ :~ .• ~. :···· E . E:.S ..: i_, jl r ;=1·: J·· ~ ~ I ·-·- .J -- i~,.-c:J: ~ -~/9 J ;. q .~Af.h~~-o i_AN; :-N ,;E~-~.i~#I.;O ·~~iFES;:'~·; ~-G:/u/ ~ ~· {/' C.: . '---J .. -· E ,;;.•-&b~~~~ . . {~r-\J'I . ·u r rs·-hi .:n!,tJ(_J-' II' :::;. fl o -~-·-If -~~Lic~··~ES1CRIPrrot~ -== _ ___, ,,......_-----r lf..l.L'K1 ·1 ~1 ~[Jj n 1 \ tJ ·:~ n. I~! (Jt:-~, _j _ rr,~ ~! ~ .. U . .J [ ')nJ..,...N~-, ·-.. 1.J _ ·~ ... U .. J -, Beginning a t a point 30 feet north of the southeast 1 ,l [j ~ (r ::A.J ~ ; 7 ~ ~ N ) /J) ;.._(}: I.J GJ; 0 J .'; (:--':;: • __ ,). .. ~·oo :~:-.::;--:; I cf' -)-. ~_: -;.::-~ ~ 8; i ~ ! ' c. ~ : ·-·s)J I {j _. , ·':._:. __ -11 _c:; ~ :" • .-. 0 I ~:Q.= r""J' . I .<>"", o I -~-u _'n'"·V -~ ~ -~~--:-To-. :.o . corner of Section 35, Township 4 South, Range 68 West I· ~C:.l, :;Q 11 ~-"'(;r"'z'·o CJ ·.j !.---c:· ·-· •,, r r -, · of the 6th Principal Meridan; thence west and parallel 1:·~rr·t.1 · [Fi~' ~~~~-1t"'r ldJ.J:bD .~. ,"'~ 1·0 .l' -. -- to the south line of said Section 35 661.36 ft.; then c~ r· ~-c/~L u ·l l I ~~ "-!. I'F'li~: -~~ .·. ~ ~ n~rth 65.0 . ft.; t~ence west and parallel to the south .,~J Qo·, '.~ 'S..·':"Q :::---.:::.,-~ . :,·:i ,-· hne of sa1d Sect1on 35 358.67 ft.; thence south 5 .0 ft.; ~~---o rf'lof-'io .t?J\p:Ji::{['-Jt;..~· ".,[-..... '' thence west a distance of 1,626.77 ft .; thence west and ; _ ~.~.,' .U"'D";.:. ~-~.-.o -:0'(); ·(')-;.:.._ -, -· ·-i along a c urve to the left having a radius of 783 .0 ft. ' 1l.J~·e · ~:~"'j-71 ---"'·.:...,.4 1 ~' 1Y•i·--·t;--,.-.... .. a diStanCe Of 301.40 ft,; thence WeSt a distanCe Of • C 4 ° ~) --. ~ 0 .O :, j =I = ·!,,,~--~ i , • --p •. -;o: ... ,j'LJ.J -:-.---, O,r: I~....:_ -! ..... :=:,=~--::-··r-.... ==-·~ 337.5 ft. to the east line of South Lafayette Street; <Q-.;:J __ ' t. __ -.w~ C:l~, l,...J',L.--2_' thence south to the centerline of East Hampden Avenue 1 • _ ~L_OI'D '~1 :: .-· • AVE -, · ' .. > ~-:='e]-.,.;-~-o. { ' . --n ...... o . said centerline also being the south line of said , r ... ~o--=-o .col§i· -:·,. ·r·~'CJ.c . ,Po ~~---. --~--r :i , J.-i-,-;:,·_~o·"'; ...... · ·-, ro.=-~-"' ·----. L' .. ,, ,--~ ~ ;·; ~ .. .:...1J_ .[I. Section 35; thence east alon g sai d s o uth line 3,270 ft., more or less, to the southeast corner of said Section 35; ~hence north 30 .0 ft. to the point of beginning, con - taining 5.15 acres, more or less. Said Parcel being adjacent to the Cherry Hills Village City Limits on • '-r--1:: c::---r ·. ' • J .....,:·a~ki-'0. ·1' ·. ,., r~-~1 ·-~ :.; 'w ' }--,·: . '' ,._ "'•, 0 '. =~-. r ~c !="0 1 • ~- • ' . <,_C-= • ~ D o 1 ,~"~ " 7 ,-~. :, '··, ?d~;;l~ i i -~/ -,,C y, :1 I __. I ' ' . ' J ...... j ·• ,.. ~~ ' >; 'CJ:-'r '~"'~ !i . ( r-• i -~:~ .... ~ ! 'r' . ·:;:] ~~ the South. ... ~_.:.- ·...:::;... ___ .. -. --.--.----- ~- ·~- ... . ,=;·?.f-=-.r::; . , ·--~~. ~ J ----{_j ,: -~ -----------.. .........------I --. • "'--L -·.. i -_ _.r t (E~-~LEWOOD) ··~ -·~. .. ., . <: ,. J .... - ·~.>: ~l._~'-'oool 130 0 E. ;"'1c~'E'lRY . HILLS..--VILLA GEl 14oo E. · · ls~o E. (CHER RY 1-'111 c; \fll' .... 1500 E. 170 0 E. 1800 E. 1900 E. 2000 E. 2100 E. 2 cc --- -• I I l. , ___ .--... r r . -·~ • ; • ( j 1 . .1 · . -- :I ,, ;. -' ... '<. I :I. 1: ,.-,1 1 ;. ·---~ '' ,.. \ ., . ' ' ' ( " r \ ( 't '\ " !· ' ' " ' '~, • • • • CITY COUNCIL MEETING January $, 1979 15 ORDINANCE # /, ~ 5, 6, RESOLUTION # J!• ~ • _;Y. /• • 0 I . - • • • I • • Hradtnr•l I' ,I, e~t.nt .., I 1"1' 't" It "'' , ..... ll1>n \t·r I •·lnroo '" .r,-; ~,., IX Tilt: DISTRicy f'OURT IX AND FOR \ 'Ot:XTY OF. l\.R]).PAHOE A:'\ll ST ATE OF COLOHAno 'i1 II A rt io n:\<>. _,,. 7 RECEIVE D 1'HE CITY OF SHERIDAN , COLORAOO, a mun.i ·ipal corporation, P J:n ntiff \'~. J1: 1 o Lml DEPT. OF FINANC E ENGLEWOOD f_r THE ITY OF EN!";L.EhOJo, a municipal corporation , organiz~ and existing under the ldws of ~ State of Colorado , the CI TY COONCU. OF TI-!E CITY OF ENGlE- ~; J I\MES L. 'I'IIYLOR , as Mayor cmd as a rrerti:ler of said City Council; VE~ MANN, Mayor Pr oTt:llt; 1 ,,.fc nrlant Jli\VID B. CLAY'RN , DCW\LD L. R. SMITH, ro.A1D M. \'lEBER, ro.AID W. WILLIAMS, and J:lC.NAW \-1. HARPER, as the rEmiining mentlers of and consti- THE PEOPLE Olo' Till-:. TATE OF t 'OLORADO tuting the 5d i d CITY COUNCIL, TO TilE ABO\'E XA~IEIJ ltEFE:\11.-\:'\TS . (;RJ-:ETI:'\CS : Defendants. Y ou ar,• hl·rc hy ·t•mm"n<'d and reqn i rl~l to file with the c·le rk an an,;w<'r t o thf' co mplaint within ::!It da.1·., :lf't•·t· -e n i,.,. .. r thi ., ·lllllltl""" up o~n .'·ott. I f·""" fail"' tP do. jud)!llll'nt hy d e fault will IJe taken "l!llin,;( .'."" f••r th" n ·lid' rl•·rnanded in the •·••ntp laint. If -pn·in· UJJIIII ,I"IIU i' tll :ulo · 1111t-irle tht• Stat1• of ('nlo rarlo. o r ''·'· pul,li cation, or if a c o p.1· o f th e l'ol ll tpl:.in t lo e n ot 'l'l'l•·tl u pon .n•u 11 ith th i, -U illlllllll< .. '·o n arl' r l'qu tn•d tu f ile ~·01 1r an~w e r t o the com-p la int \\ithin :~0 d:ty ... itfl\·r ..:,.1'\ it•t • o f h i:-: ~ll llHnun . .; u po n .'"Uti . \\'arni tt )!: If thi , >ttntnl"th d .. ,., no t l 'o~ntain the dnr ket num be r nf the c ivil action, then the t'n mplaint nw.1· not n rm · 1,., '"' fill' with t lw dl·rk nf t h f' l'l •llrt . Th f' ~o mpla i nt mu~t be filed within ten da.1·, "f!t·r th e <Uilllll••n· i,; ~~·n .. d. nr thl' ,·ou r t will'"' w it hout .]u r i-.J idinn tco p r oceed furt h e r and the :tl't i .. n wi ll 1,,. dc!'rt ll ·d di,mi~'t·d wi th01ul JH '('ju din· a nd w it hout fu r t h1•t· nntic<>. Informa t ion from the ,.,!Itt'! c·o ntt'nt i ng th i-l'il'i l action 111:1.1' not '"' avail:tiJII' unt i l ien d:ty < aftet· th (' :<ummon~ i:< ~e n ·ed . Thi s i,; an a c ti nn • as set forth in Canplaint a tached hereto • Date d January 5 . I !) 79 Englewood, Colorado, 80111 tSeal •·f f 'o urt) Th, .. \l rum•n ..... l•·u •·tll"'''u''''' I•• 1(11 /.• t. t '/lr /' ;,, .orn o ndo•<l If tlw .,ummun., •~ t•ul•/t .. h •• ! ••r ~t>n,.,l ~hh uut 11 <'UIJ)' u ( lh•· roruaJi u int. loflo I 'ht· "•'ld IWI!oJrl' \li lt tho• n•/11 (oil !Miilnd o•o l If l o ~h o \o •t"lllllln 1"1 ~"ll~ht tiJ,. ~1/MIIIh ·ll., III II I ~II I Io ·, "'f/11 ., j;, lin llr!lnll (.,U tt •/1'11 UJ'f'll IIJ !l ' • E I • •, -. • • STATE OF I 'o unt~· n f ':--:--. I h•·•·ch ~· ce rt i f y tha t I h,l\1' '""·' st·nt•d t hl' \\i th m s UII t lll•llt' t l11 - '-'T r\ l'l·. OF ('o unt~· o f . th t.· a lf1 ~1llt. bt•illg-... \\f•rt l , ... a.' · t hct t a ffi a n t i :--o \·t~l ·t h t.~a ~('uf('ig h h.·~·n yt •a J ·.,a nd i:-\JJ flt. a p ar ,. o t h i_... dl'ti ,,n : a n d t hat :tff 1:1nt h ~t .~ d 11i,\ <('1'\'f'd the wit h in SUI111BO!h l1 y S u b~c r i b ed anJ ""'"rn IP l~t:r'o r c ntl' th l, My commiS>Iun expire.: <Seal o f l\'ot a r y ) Sl r.to •I II I o• ; h.r . ~o~n o.l l nntlll •'l f ,., ", t.: ...., ;;.. a: t.: rr.. ~ cr.~ <h t.: :r.. z w =-;.( w "' ::c "!· ,. ~ ;; ..2 c :... :E f- ,, I I p , I • I • • • • IN THE DISTRICT COU RT IN AND FO R THE CO UNTY OF ARAPAHOE STATE OF CO LO RADO Civil Acti o n No. THE CITY OF SHERIDAN , CO LORADO, a municipal corpora tion, Pl aintiff , vs. THE CITY OF ENGLEWOOD, a muni cipal corporation, organized and e xisting under the laws of the State of Colorado, the CITY COUNCIL OF THE CITY OF ENGLEWOOD; JAMES L. TAYLOR, as Mayor••and as a member of said City Council; VERN MANN, Mayor ProTe m; DAVID B. CLAYTON , DONALD L. R. SMITH, DONALD M. WEBER, DONALD W. WILLIAMS, and DONALD W. HARPER, as the remaining members of and con stituting the said CITY COUNCIL, Def e ndan ts. C 0 M P L A I N T COMES NOW the Plaintiff by and through its atto rney s, Gary H. Hemming e r and the firm of Hemminger and Whittaker, for a cause of action agai nst the above named Defe ndants, and states and alleges as follows: FIRST CLAIM FOR RELIEF 1. The Plaintiff is a muni c ipal corporation loca ted in Arapahoe County in the State of Colorado. 2. The Defendant City of Englewood, Colorado, is a body politic and corporate, is a municipal corporation lo c ated in Arapahoe Co unty in the State of Colorado, duly • I . • or g a niz ed p u r sua nt to t h e l a ws o f t he St d t e of Co lora do, and wa s act i ng at a ll re l evant times h e r e to by and throuqh the Def e n da nt C ity Co un c il of t h e Ci t y of En gl e wood. 3 . That the C it y Co un ci l of the City o f She r i d an , Co lorado , e n a cte d and a dopted o rdina n ce No. 2, S e ries o f 1973, a l so known as the "She rida n Admiss ions Ta x," b e ing ARTI CLE IV, Ch a pter 1 2 of the Co d e of Ordinance s, Ci t y o f Sh e ridan, a copy of whi c h is atta c hed here to as Exhibit "A" and is i n - c orporate d herein b y r eferen c e . S a i d Ordinance became e ffec - tive on Ja nuary 22 , 1973, and has r e main e d in e ff e ct from that da t e and co ntinue s to remain in e f fec t . 4. Tha t s a id Ordin a n ce impos es a five percent (5 %) tax on t h e price paid t o gai n admission to any place or e v e nt in the City of Sheridan that is ope n to t he publi c . 5. That s a id Ord inance impo s e s the duty of co l- l ecting and remitting said tax to the City of Sh eri dan u pon eve r y person, whethe r owner, operator, or lessee, who charges or c a uses t o b e c h arg e d a dmission to any place or event in th e Ci t y that is o p e n to t h e public. 6. Tha t the City of Eng l e wood constructed a p ublic golf course within the City o f She ridan and on August 1977 began operation of t h e golf c ours e which was then open to the public for the payment of an admission price. 7. Tha t s a id golf c ourse i s owned and operated by the Defe ndant, City of Engl e wood . 8. That thousands of me mbers of the public have paid and co ntin u e to p a y to the De f e ndant, City of Englewood, I • • -2 - • • • • a n a dmi s s ion p r ice t o g a in a dmission to said g o l f course for h > p ur pos • of p la y i ng qolf . 9 . T hat t h e De f en d ants f a l led to co lle c t a n d r e mit to ~he City of Sheridan said t a x on any o f t h e a dm1s sion ha r ge s whi <;h wer pai d by me mb e r s of th pu b li c Lo gain admission to sa i d qolf co ur se . 1 0. T h at the D0 f endan t s v io l a ted s ai d Ordinance by h e ir u n lawfu l r e fu sa l Lo e i t h e r co ll ec t o r r e mit s aid ta x. 11 . T h a t t h e De f e nd a nt s o we a n outstanding l a wful ebL t o the C ity o f Sh e rida ll o f fiv e p e r cent (5 %) of the adm i ssion charg e s p a id by me mbers of the pub l ic to the Defen - dants in o rd e r to gain adm i ssion t o said g o lf co urs e from said date of 'Au g ust, 1977, to the pre s e nt togethe r with intere st and penaltie s as set forth in said Or d in a nce No . 2 , Series of 197 3 , b e ing ARTICLE IV, Ch apte r 12 of the Code of Ordinances, City of Sh e ridan. WHEREFORE, Plaintiff prays this Court to grant the following r e l ief : 1. An Ord e r req uiring the Defe ndants to pay to t he City of Sheridan the sum of five p e rce nt (5 %) of all admission charges whi c h were paid to the Defendants by members of the public in order to gain admi ssion to the golf course since August, 1977, together with interest and penalties as set forth in said Ord i nance No. 2, Series of 1973, being ARTICLE IV, Chapter 12 of the Code of Ordin a nces, C ity of Sheridan. 2. An Orde r declaring that Ordinance No. 2, S e ries of 19 73, l e gally requires the Defendants to collect and remit to the City of Sheridan the tax levied therein. -3- • I . • 1 . Judgm ·nl aq a i.n ~t the De fendants in the amou n d ete rmined to b 0 du • for he drni ssions ta x plus fJeJ~<.,llies a nd interest , f or e x pe rt witness fees and co sts , o r r e imbur seme nt to lh Plaintiff for a to rn ey fe e s 1 n - ~u r e d h erei n , and for s u ch further and o h e r r lief as to h e ~o ur seems j ust and pro p e r. SECOND CLAIM FOR RELIE F 1 . That all of the a ll eg ations contained in P l ain ti ff's F'IRS'l' CLAIM FOR RELIEF a re in c orporated into t hi s SECON D CLAIM FOR RELIEF' by r e f e r ence a s though fully set forth h e rein. 2 . Th a t t h e Def e ndants h ave d e liberately refus ed to •ither co llec t or r e mi t said t ax to the Ci ty o f Sherida n imposed b y sa id Ordin an c on qo lf cour se e~drni ss1on fe e s s i nce August, 1977, for admi ssion to the golf course owned by the De f ndants an d located in the C i ty of She ridan which was atte nded by me mb e rs of t h e p ubl ic who paid an admission pri ce to ga in admi s sion to said qolf course . 3 . That the City of Sheridan has made repeated demand upon the Defendants to collec t the admission tax and remit same to the Pl aint iff but the Defendants have neglected or r e fused to coll ec t the tax. 4. That it reasonably app ea rs that the Defendants will conti n u e to refuse to co ll ect a nd remit to the City of Sheridan said tax on all future golf course admission fees I . -4- • • 0 • • • ~o ll e cted f o r he u se of qo lf our sc fa c ili ies o wn ~d by the De f enda n ts <.~n d lo <.:a ed wi hin the Cjt y o f S h ridan wh i ~h are p<.J id by me mb e rs o f Lh c• public fo r the paym '' o f n -1d miss io 11 pr .1ce . 5 . Th Ci y of Sh e r idan h as suffe r ed and wi l l onti nue to s uff e r a se v e r e fin ancia l l oss if th e Def •ndant s _o n ti n u e to fa il to collec t a 11d r emi t said t a x to the Ci t y o f S herid a n . WH ERE FORE, Pld1ntiff prc1y s this Co urt o q rant the fo llo wing r e lie f : 1 . An Ord e r r q ujr ing the De f e nda nt s to pay t o the City of Sheridan the sum of five p r c nt (5 %) of a ll admission c harg es whi c h we r e paid to t h e De f e nd a nts b y me mb e rs of the p u blic in o rd e r to ga in a dmissi on to t he g o lf course sinc e Au g u st 1977, tog e the r with in t e r est and penalt ies s s.;t f o r th in sai d Ordindn c• No . 2 , Serie s of 197 3 , being ARTI CLE IV, Chapter 12 of Lh e Code o f Ordinances , Ci t y o f Sh e ridan. 2 . An Order d ec l ari n g that Or d inance No . 2 , Se r ies of 1973 , legal ly r eq u ires t h e Defendant s to c ollec t and r e mit to t h e Ci t y of She ridan t h e tax l e v ied the r e in. 3 . Judgme nt aga inst th e De f e ndants in the amou nt dete rmined to b e due fo r h e a dm is s ion s tax p lu s penalti es and intere st, f or expert witness f ees and co sts, for reimburs e - me nt to the Plainti ff for a t to rne y f ee s inc urred h erei n , and for such further and oth er r e l ief as to the Court seems just and prope r . -5- • I • 0 • • • THIRD C LAI M FOR RELIEF l . 'l'h<t "'-l u the <lll cq .tt J ns -ontuilltd 1:1 fJ · JJtiff 's P !PST fiJI) SCCO\liJ CLAI:-lS PO P ~l:L TEF ure l 'lt.:u r- pul I Led Ln u thn; '!'Il l RD L'I.AT'I FOR RCLlFI· by r • ~r L C" s !1> h fully se f orth hvrt>in . 2 . 'I'ha u•• or ubuu l h,• 19 t 1 d y o f i\u u s t I '1" 4 , h.• CilJ··s u r:nqlt'h'Oocl o1 11d She rJ 'ld ll 0 11 ered i :1 Lo 111 :(1 ·d and Sh~rid.Jn , Co l o rdclo , HcL1l 1 nq 'l'u 11 Mu ltiple• l!se u <'v!•Y of which 1s mar k e d s Exh1bi 3 . Th a t p u rs u ant to pd r ag r aph (7 ) o f Sd id Aq r e - me11L , t he De f en d a n s t.:o v >nan e d and agreed a s follows : "(7) T ha h ~ Ci y of Engl •wood in he cons tr uc t ion of Sdid Mul tip l .c Use Rec r e - ation Fa c ility , nd the m i nte n an c and opcl:"a i011 th •rc•uf , dues e x p l:" •ss l y ag r e • o comp l y wi t h al l S l dt a nd l'L'de r a l l a ws and r eg ul a Ion s t which mu ni i al i t i es a r e s ub jec t e d , as w 1 1 as a ll lawf ul ordi nances and r eg ul a i o n s of h e Cit y of Sh e rid a n , Co l o rad o , as r e a p p l ica bl e to l ocal gov e r n -me nts." 4 . Tha Or di n a n ce o . 2 , S e r ie s of 197 3 , bei n g ARTI CLE IV , Chapte r 1 2 of he ode o f OJ:"d i na n ce s , City of She rid a n is a ldwful u rdin anc;e and r e gul a ti o n of t he Ci ty o f Sherid a n e x istin g al he Lime of ex ution of the Ag r eeme nt dated Au_gJ:!_s_t _19 L __ _ ' 19 7 ·1. 5 . That b y Co n t r ac t , he Defe ndants h av · p r o - mise d and ag r e e d t o co llect th e S h e rid an Admissio n s T a x a nd r emit same t o t h e Pl ai ntiff o n f ees co ll ected from th e pub l i c for admis s i o n to the De f e nd an t s ' go lf co urse . 6 . Th at t h e De f e nd a n s h a v e de liberately r e fus e d t o e ithe r co ll ec t OJ:" !:"e mit sa id tax t o th Cit y o f Sh e rid an -6 - • I • • • imposed by ::; id Ord i 11 1n c e on qol f courst.• a dm1 ssion fe .;s si11 ·e Auqus l<l 7 7, or .Jdmission Lo the ao lf course o wned b · ·h .; Dl'f t>ndants ii llcl l <J<:dt e cl in t lw Cit\· u f Sh<!r idan which . ..,, '-'"'i L•<l b y rnemb··r s ,,f th e publi c wh o Paid ..t n aclmlssi u ll pr! 1 s 'id qo J f cours...-. 7 . 'l'hd II · C i • y u f S h,•ri a11 hi'!S rn a r \.! t.!d e d de 111d u U ll LhL• D • e nJ .J nls Lo -::ol l c'L'L l h • a dmi ssio ax c~rod remlts..tm•• o twPLlJ rt if bul h. l<• • ••d u r n • ·u s ·d u ·o l l ecl l h • t:<. 8 . Tha Lil re s 01 1 1bl i' qmt.!a r s l ht heDe f nd1 n ts w ill c on 1n ''t o ro •fu;;,• Lu c u ll e c l c~nd r ,• ll t u th e Ci ,. o f Sh r i dan sa id L c~x u n al l f11Lur e anlf cour·e ddmiss t o n f ee s co l l L•..::tVcJ f o r h us• u f r u l c ou r <e f a c ilitit.!s u W!tcd by h D f endanLs c11 od J o .·dlerl w ithi11 th Ci y o f Sherida n ~<>hl ..:h a r e pa id by m•mb•rs o mi ss Jon ;.lri e . h • pub l ic to r the payrn •nt of dn .;d - 9 . The City of S he r iddll ha s suf f r e d and o.,•tl l co 11 Lin u e to s uff e r d ·ev e re fi nancia l loss 1f th e Def<!r d arols con t i 11u e ·o fail to co l l et: d nd r •mi t s ai d tax to the 'lty o f Sh •rida n . WHEREF ORE , Plain follow i ng reli<!f: f pr.Jys l his Co ur o gr ant th • 1. An Ord e r r nuiring he D •fc ndants to p ay t o th • Ci t y o f Sh eri dan the s um o f. fiv e pc•r enl (5 %) of a l l a dmi :;sion c harg e s whi c h were paid t o th • Dc•f,•ndanl s b y me mber s o f th e pub li c in o rder to CJall adm i ss i o n to the go lf cours e since August 1977 , together wi h inte r •sl a nd penalties a s s et f o rth in said Ordin a n ce No . 2 , S e ries o f 1973 , being ARTI CLE I V , -7- • I . 0 • • • C hap r 12 u f the Cod ,• ll f Ord i ndi W •':', l'i•y o f S!1 •r1 la 1 •. 3 .. J u dg me n dqdtn s th•• D •f,•,d ,Jnts in :h • dffi <H l n t d t •rmi ned o b•• du • or lhe c~dmi s::;i o n s dX p lu s pe1 ctl J e s a n d in t e r est , o r e x pe r w itn ess feu::; dnd c os ts, for reim- b r seme n lo Lh > Pl dinltff for a t torn 'i' ft.o>es in .:ur r ed her-'lJ , ctnd fo r s u •;h ur her ancl u ll1 •r n•l 1••f d S u the Co urt ~vems i ust ct nd !J r uJ.> •r. Addre ss of Pl ai ntiff : 440 0 S. F •d u r <~l Blvd . Engle wood , Co l o r a d o , 80 11 0 -8 - Eng lewoo d , 'P" 1 e phon •: I • . ' • • I CX H I 13J'l' ",\" ORDINANC E NO . .:< SE RIES OF 197i_.,--==-- COUNCILMAN'S BILL 00. ~ SERIES OF 197l 3 ......:_ __ _ ' J INTRODUC ED BY COUNCI L MAN ..!.·r.' l •a, AN ORDINANCE AMENDING THE CODE OF ORDINANCES , CITY OF SHERIDAN, COLORADO , IMPOSING AN EXCISE TAX IN THE AMOUNT OF FIVE PER CENT (5 %) O N TH E P RICE PAID TO GAIN ADMISSION TO ANY PLACE OR EVENT IN THE CITY WHICH IS OPEN TO THE PUBLIC ; EFFECTIVE DATE OF SAID TAX TO BE FEBRUARY 1, 1973 ; DEFINITIONS OF WORDS USED; EXEMPTIONS FROM SAID TAX ; REPORTING PROCEDURE; INTEREST PENALTIES; AUTHORIZATION TO CITY CLERK TO PROMULGATE RULES AND REGULATIONS REGARDING SAID TAX ; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS , the City Council finds it necessary to raise additional revenue; and '' WHEREAS , the City Council is of the opinion that a reasonable, just and proper manner in which to raise this revenue is by adopting an excise tax on the price paid to gain admission to places and events in the City which are open to members of the public; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY: OF SHERIDAN , COLORADO , that: Section 1. That the Code of Ordinances, City of Sheridan , Colorado, is hereby amended by adding Article IV of Chapter 12 , Sections 12-61 through 12-70 which Article reads as follows : Arti c le IV. Sheridan Admissions Tax Section 12-61. Legislative Intent. It is hereby declared to be the legislative intent of the City Council of the City of Sheridan that on and after February 1, 1973 , every person who pays to gain admisaion to any place or event in the City that is open to the public shall pay, and every person, whether owner , lessee or operator, who charges or causes to be charged ad- mission to any such place or event shall collect , the tax imposed by this Code. Section 12-62. Im~osition and Rate of Tax. On and after February 1, 1973 , t ere is hereby levied and shall be paid and collected , an excise tax of five per cent (5%) on the price paid to gain admission to any place or event in the City which is open to the public. Section 12 -63. Definitions . When not clearly other- wise indicated by t he context , the follwoing t erms , words and ph r ases a s us ed in this Cod e shall have the following meanings. I I . • • • (1) Identification. The tax levi ed herein ma y be identified as the Sher idan Admi sions Tax. (2) City. This means the City of Sheridan , Col o rado. (3) Code. Refers to the Sheridan Admissions Tax. (4 ) Per s on . This mean and includes any indi vidual , fi r11 . co-partne rship , joint ve nture. corporation, soc1 ety, cl ub , associ at ion. join t stock c ompany, estate o r trust, r eceiver, trust e e, assignee, lessee, or any pers on acti ng in a fid uciar y or representative capacity , whether app oi nted b c ourt or otherwise, or any group o r combination acting as a unit, includi~ the Unit ed St ates of America, the State of Col orad o . and any political subdivision th ereo f : and the plural as well as th e singular nwnber. (5) P la ce o r Event Open to the Public. This includes any pla ce o r event the admission o r access to which is open to mem be rs of th e public upon payment o f a charge or fee. This term shall include by way of illustration but not by way of limitation, the f o llowing places and events when a charge or fee for admission t o such places and events is placed upon members of the public. (a) Any perfo rmance of a m otion picture, s tage sho w. play, concert or other manifestation of the performing arts. (b) Any sporting or athletic contest, ex- hibiti o n o r event whether amateur or professional. (c) Any lecture, rally , speech or lfissertati on. (d) Any showing, display or exhibition of any t y pe, such as an art exhibition. (e ) Any restaurant, tavern , lounKe. ba r or club, whether the admission charge is termed a ''cover· charge". ''door charge'', or any other such term. Section 12-64. Taxable Transactions. It shall be a violation of this Code for any person who pays to gain ad- mission to any place or event in the City that is open to the public to fail to pay, or for any person, whether owner. lessee or operator, who charges or causes to be charged admission to any place or event in the City that is open to the public t o fail to collect , the tax levied by this Code. Section 12-65. Exempt Transactions. The f ollowing entities and transactions are exempt from the duty to pay , but not the duty to collect , the tax levied by this Code. -2- I • • • - I 1) F ed eral Gov ernment , State of Colorad o , and it s Su bdivisions. The Unit ed St ates Government and the State of Col orad o . its d epartment s a nd i nstitut ions . a nd the p olitical s ubd ivisi on the r e of, i ncl uding the Ci ty of Sherid a n , only i n th eir gov e rnmental functi ons and activiti e s. (2) Re li gi ou s. Cha rita ble a nd Quasi-Government al Organi zations . R eligiou s , charita b le a nd quasi-g ov e r nm ent al o r ganizati ons a nd corpor ations , onl y in th e condu ct of t he i r regul a r reli gi ous , c har it a ble and quasi-gov ernmental c apaciti es . (3) Refund s. In the e ve nt t hat a n a dmi s sion p rice i s refund ed fo r any reas o n eit he r before or a ft er a n event ha s taken pl ace, th e tax is not applicabl e and s hall be r e- funded a long wi t h t he admi ssion pri c e . (4 ) Free o r Complimentary Admissi ons , Ad mi s ions a t Reduced Charges. The providing of free "passes ", com - plimentary admission tickets , or otherwise where no admission price i s charg ed or paid. In the event a reduced charge for admission is made, whether for a ''pass ", compliment ary admission or otherwise. the tax imposed in this Code is ap- plicable to th e amount of such charge. (5) City Owned Places and City Sp o nsored Events. The tax levied by this Code shall not apply to any admission fee paid or charged to gain entry into any place owned by the City, or any event sponsored or conducted by the City. Se c ti o n 12-66. Liability 1 Licenses and Repor ting Pro cedure. ,, {1) Burden of Proof. The burden of proving that any transaction is not subject to the tax imposed herein shall be up on the pers on upon whom the duty to collec t the tax i s impo sed by Section 12-61 of this Code. (2) Ci t y Clerk Ma y Require Reports. The Cit y Clerk may require any person t o make such return , render such statement , or keep and furnish such records as the City Clerk may deem sufficient and reasonable to show whether or not such person is liable under this Code for the payment o r col- lection of th e tax imposed herein. (3) Resp onsibi li ty for C ollection and Remitt a nc e of Tax. Ever y ow ner o r op e ra1 or wh o c harges . or causes to be charg ed admissi o n t o any place or event t hat is open t o t he publi c, shall be liable for the collection and rem ittanc e of t he tax levi ed herein . lf an owner or operator o f a fa ci li ty leases o r rents such a facilit y t o another party 1 whi ch in t u r n sponsors or c o nducts some public event in such fac ilit y, then such owner or operat or shall be relieved of the liability of c ollecti ng a nd remi tti ng the tax only if t he party to wh om t he facility is leased o r r ent ed is. a t t he time of such leas i ng o r renta l. l icens ed t o coll ect and remit t he tax. -3 - I • • • • (4 ) Reporting P r ocedure. Every own er. operat o r or per s o n wh o has the duty t o coll ect the tax imposed 111 this Code must obtain. with ut charge. a license to collect the tax. and m ust repo rt , on forms prescribed by the Ci ty Clerk s uch t axes and remit t o the Cit y t he c ollect ed taxes within the following time per iods : (al F or regularly continuing o r recurrin!!; events. s uch as t he charging of admission I t• motion pi ctur e theaters. reports and remittances m ust be filed with the C lerk on o r befo re the 20th day of the month for the precedi ng month o r months under report. (b) F o r sint<l e, non-continuing o r no n- r e c urring events. s u ch as the charging of ad- mission t o a si ng le perfor mance of a c o ncert , reports and remittances will be due within fiv e (5 ) calendar days of the performance or event . unless specific arrangements are made in advance with the City Clerk. (5) Interest Penalties. If remittances and reports are not received on the due dates , specified in Section 12-66 (4) of this Code , a penalty shall be impo sed in the amount of ten per cent (10%) of the tax liability: and the total amount due , in- cluding tax and penalty. will bear interest at the rate of one per cent (l r'i>) per m onth o r a fraction thereof until such reports and remi t tances are received by the City Clerk. (6) City Clerk Empowered to Make Rules and Regulations. The City Clerk is hereby authorized to promulgate rules and regulati ons regarding the payment , collection, repo rting and accounting c riteria and periods , settlement of disputes over t pay ment. refund and enforcement of the tax imposed by this Code. Secti n n 12-67 . Re s erved . Sec t w n 12-68 . Reserved. Secti o n 12-69. Res erved . Section 12-70. Res erved . Secti on 2. All sections or parts o f sections of the Code of Ordinances of the Cit y of Sheridan, as amended . o r o rdinances or parts of ordinances in confli ct, o r inconsistent herewit h . are hereby repealed . provided . however. that the repeal o f any section or parts of secti o ns of the Code of Ordinances , o r any ordinance o r part thereof , s hall not revive any other section of said Code . o rdinanc e. o r o rdinances heret of o re repealed o r superseded. -4 - • I • • I l 0 • Sectio n 3. If any part or parts hereof is for any r eason held to b e invalid, s u ch shall not affect the r emaining p o rtions of this o rdinan ce. Section 4. The City Council finds and d etermines th a t t hi Ordinance is necessary for the immediate pres ervation of t he publi c p eace, health , welfare and safety and that it is enacted fo r that purpose, and d termines that it shall b e in fu ll fo r ce and effect up on the ex pirati on of f ive (5) day · after its publication. INTRODuC ED, R EA D , AND ORDERED PUBLISHED this ,f d z day pf ::J;.. ...... .,..., '1 , A. D . lffi. - PASSED 0~ SECOND AND FINAL READING AND ORDERED PUBLISHED this~ d ay o f , lhula f.~J , 19 7,3 . I CITY OF SHERIDA N t / ," ... '}-< • ..t 'z 't ' / .f~+n d'. Tlwod ore E. Arm s lronf:, May_or ATTES'l': I I / :.(/ tc ~ ~'>-"-" City Clerk '. Bonita Lee Hutches o n , ..• ,_,,..-;. r.!':t;TI -1~'\TIC"lN ,., 0: '·.v:-::: N , ___ .2__; s~ , · JJ d 1 .... • ~... t -.1 •: r r -~ !-1 r '· . .. \;'I ,,. '), ,) ....... I , •-" // '91.3 /;''>A.( "'-:j!· ---. ./.; • ~I(AA. d -J5 ___ 1773 I -5-I • . --. ·/ •. • • EXHIBIT "B" AGREEHENT BETWEE N TH E Cl TI E.' OF ENGLEWOOD AND SHE RIDAN, COLORADO RE LATING TO A MULTIPL E US ~. RECREATION FAC ll.l TY THl S AGREEMENT made and c>nt red i n t o this 19 t h d a y of _ ___:'..:.;\t:.:..l);.._'t:.:.':..:.".:..t ______ , 1974 , by and be t ween the cities o f ENGL EWOOD an d SHERID AN , COL ORADO. RECITALS AND DECLARATION OF PU RPOSE The legislative bodies of the City of Eng l ewo od , Colorado, and the City o f Sheridan, Colorado, are desirous of providing a Multiple Use Recreation Facility along the Sout~ Platte River to accommodate an eighteen (18 ) hole golf course, a golf driving range, a club house, a river green belt, hike and bike nature trails, a slow-pitch softball complex, and a garden plot; and to e nter into this Agreement to achieve this objective. ,, In furtherance of this g oal, it is the express purpose of this Agreen~nt : (1) To promote the he alth and general wel f are of the residents of the two Cities; (2) To prevent congestion in the streets and overcrowding of land, and to facilitate adequate light air, and to conserve g r ee n belt areas and space within an urb an area; and (3) To provide these recreational and open space areas to the r esi dents and citizens of both the City of Englewood and the City of She ridan. -1- • I • • • FINDlNr.S The le gisl at ive bodies of the Ci t y of En glewoo d , Col o rado, and the City of Sherid an, Colo rado , have reviewed ce r t ain conceptu al plan ni n g , which has be e n done in this re g ard b y Brauer and Asso c i a t es , lnc., Planners, Land - scape Architect s , and Eng ine ers , as o nta i ned in the i r S ummary Report under date o f April 6 , 1974 , and make the following findings theref r om : (1) That an area l y ing ge neral ly between Oxfo r d Avenue on the south, and Bea r Creek o n th e north, Clay Street on the west, and Natches Court, a s extended, con- taining approximatel y two hun d red twent y -f our (224) acres, is an area accessible and convenient to the residents of the Cities, to accommodate an active and p a ss ive Multiple Use Recreation Facility. (2) That the said area is located entirely within the b oundaries of the City of Sheridan, Colo rado. (3) That the acquisition of the a rea required for the pro pos ed F aci l ity would disrupt o r dis locate few , if any, of those individual s r e siding within the area, as sa ·d area is not presentl y zoned o r used for residential purpos e s . (4) That Federal and State Grants or Assistanc e , are, or may he, avai !able fo r the funding o( thi s project . (5) That approximat e I y o ne hundred two ( 102) acres of the pro po s ed a re a is presen t ly ow n ed by , or under option to, the City of Englewo od , Colo rado. -2 - • I . • - NOW, THEREFORE, in considerati n u f the mu tua l p romises and covenants hereinafter con tai ned, it is mutually agre ed a n d cove nanted as fo llows : (l) Th at a Multiple Use Recreation Faci I ity sh all be loc ate d on a t r act, o r tr~c t s of l and, as shown in that ce rtai n re port of Brauer and Ass c iate , Inc., Planners, Landscape Architects, and En gineers, d at ed April 26, 1974, and ent itled "South Plat t:e River Redeve lop - ment Plan-Ci t of En g l e wood , Co l orado, S lii!mlar y Repo rt:," and that the devel opment of s aid Recreat i on Facility shal l be in substantia l conformit with sai d pl an, a cop y of wh ich is att~hed hereto, and desi g nated as Exhi bit "A", and incorporated here in a s th o ugh fully set f orth. (2) That a ll c os ts and expenses,of whatsoever nature and kind, for the development, completion, maintenance , ,, and operation of said Recreation Facilit y , shall be the s ole obligation and responsibility of the City of Eng l ewo od, Colorado. Said costs shall include, hut will not be l i mited to, the planning and design expense s , land acqui si tion cos t s , construction costs, and future maintenance and operation costs of said Facility. The costs of ge neral municipal services, such as utility , police, f ire and other normal municipal services, shall not be conside red as operating n r maintenance cost s of the Facility. The i nternal managemen t, operation, rules, re~ulat i o ns, hours of operation, rates, charges, concession p rivileges, sal es of merchandise, I • • recruiting and h irin ~ of em pl o yees, s hall be the s o le -J - • • • fun ction of ~~ngle\vood. (3) TI1at tit le t o , an d actual m¥nershi p of , the r~al ~state and improvem n ts on th e i te, o r that may be con structed t he r eon in the fu ture , shall be held i n the so le name of the City of Eng lewon d, Cnlo rado , a ~l u n icipal co rporation, with the xcep ti o n of tha t area a s se t forth in p ar a g ra ph number (8) helow . Th Ci ty of Sheridan, Col orado , by app r opriate instrument , sh all c onve y any , and all, intere sts in, and t o , said real propert y t o whic h it may accede, ove r the period o f acquisi tion of sai d l and . Said conve y ances shall be made without r e serva ti on or restriction. (4) That i [ n e c es sary, conve nient, or advantage ous, the City of Sheridan will make joint application with the City of Englewood for appropriate S tate or Federa l Grants t o assist i n the fundi n g o f said F acility, and shall coop- ,, erate in all other or different ways as may be necessary, or advantageous, to achieve the pu rposes of this Agreement. (5). That the Citi e s of En g l e wo o d and S heridan, shall jointly see k throug h cooperative effort, t o acqu i re b y negotiation and purchase, all n cessary land for th e said Recreation Facility, and that should negotiations t o purchase the necessary land from the present owners fail, after good faith negot i ation, that condemnation procedure ~ shall be jointly comme n ced by said Cities as autho rized b y law. I . -4- • • • -------------- (6) That it is the inte nt o f the legislative bodies o f the s a id Cities, that s a id Rec reat ion Facility shall be , and rema in \vi th i n, t he municipal bou ndar i e s of the City of Sheri d an, Colorado; subject, however , to the p r ovisions of the Colorado Revised Statutes a s may be applic a ble thereto. (7 ) That th Cit y o f Englewoo d in the .construction of said Multiple Us Rcc r a io n Faci l ity , an d the ma inte n ance and operation the re of , does expressl y ag ree to comply wi th all State and Federal l aw s and regulations to which munc i - palities are s ubjec t ed , as well a s a ll l awful ordinances and regulations of the City of Sheridan, Col o rado, as are applicabl e t o loc a l gove rnments . (8) The City of Englewood does hereby expressl y covenant and agree, that upon the acquisition of the proposed area necessary to accommodate the sa id Facility, it shall convey by appropriate instrument to the City of Sheridan, a strip of land which shall be thi rty (30) f ee t i~m~ed i atel y adjoining the n or th ri g ht-of-way l ine of Wes t Oxford Avenue, along the ent.ire southerly boundary of th e proposed Multi ple Use Recreation Facility . (9) Said Deed shall convey fee simple title in said land to the City of Sheridan, Col o rado. The conve y ance thereof s hall contain a covenant or res t ricti on that s a id propert y shall be forever held and used for pub lie rec- reationa l purposes , as provide d fo r, an d consistent with, the proposed uses in the "SlUlliTlary" b y sa id Brauer and As s oc - iates, t oge ther wi th suc h other uses, i ncluding, but not I • • -5- • • • '' li.m:tted t o , a cce s s (Jnqr· ·ss rnd • P<''-'~' "th~ R•· rc .J 101111 Faci lity , d n d for pub l tc p .1rkrnq c v.•hr-1 s . (10) Th• b,, 1 Cr l<'S cnv• nil an • r ep : a the re stens rrtl cll l'"ll "' ,;111i<'r J<S S~all!JC r.Jne equa l US ' ol 11• Pn Jt •• proJ>t'S•·d '• ·r ... r ona l F.J~rl:t y , nd t h at in h ' fut 1·..: o)l>•' 1t t llll c • h o•Fact]r ··,., sh , 11 b n o dr ·;c rJrrrindt l n!l of .1n y :: .nd IS o ht• usc o h~ Fa ci li y b y t 11C! r•'SJ h •nt c: n ' and She r idan . Th~ rt '»l d.:>n ,; o t h,• L"r v o f She r tda n sh 11 no b e n "qu:t r• d o pdy .u ry f,_•,•s 0 1 •:h.1rqes in P x c ss of th o se c h a r ge s to LhP l l 'S ilknt s ,,· t m.-C'1 y of E g l •wood . (11) E n 1 wood sh a l l mak e full dis c l os ure t o S he ridan of all d e tail s an d p r og r e s s of the constructi o n a d oper a t io n o f t h P F nci lity , dnd s hall not materiall y dev:tate from the S umm a ry Report of the Consultant wi hout the consen t of both l e g isla ti v b o dies . (12) Sheridan s h al l mak e fu l l d is clos ure t o E ng lewood o f all p rooosa l s , r egu l a t to n s o r me as ur es that ma y affect th e ope r at i o n o f the F a c il ity , and consult w i th En g l e wood the r eon. (13) A ll S d l es t a xes .Jn 1 a musement tax es i pose d n o w or in the fu t ur by the ity o f She :tdan , sh a ll bt co llected fr om a ll u se r s of th Rec r at :t o nal F.J c tl i t v and r emi tted :tn full o the C t v of Sh0 ri d an . MlS CEL LANEOIIS P 0\l lSIONS (1) This Ag r ee me n t s 111ll co nt:tnuc f or d p ·ro · a l period nnl •ss ,•rmi n J t·•d by mut uJl aorecmC'nt o r b y Of)('rdt .'Jn o f law; I o wev •r , t 11 , \' 1 v L'Ll un · · 1 0 f t'l e C ity of En g l •~\·10() J sha ll h av•' . ,. rl•Jh 1n 1 t :; rl is 1 c t ion , to abandon s,J 1 d project nd <'r mtnJ ,. hts /l q r !"('m<•nt . I n the even t tnat I • • the Cit·; Co un c 1 : •J f !:n•JI c•wood ~ha 1 1 aba ndon -(,- • • / • • and terminate the Agreeme nt, Sheridan sh a ll upon re quest reconve y all of said land conveyed t it pursuant to paragraph 8 ab ove . Should Englewood ele c t to sell any land, \vhich it had acquired purs uant to this Agreement fo r said Rec- r eat ional Fac i li t ies , then Englewo od sh all first .offer the same to the City of She ri d an a t a price to be mutua l ly agreed upon. (2) Each City sh a ll adopt an ordinance with similar content, approving and auth o rizing entry in to t his Agreement. ,, (3) This Agreement is entered into pursuant to the basic powers of the Cities to contract with each other, and pursuant to the enactment by the State Legislature i n 1971 of an amendment to C.R.S. 1963, 88-2-1 . (4) The City of Englewood and its officers, agents and employees shall not discriminate because of race, color, religion, ancestry, sex, or national origin against any person b y refusing to furnish s aid person any service or privilege o ffered to, o r enjoyed by, the genera l public, nor shall En glewood, or i ts employe es, publicize the Facilities provided hereunder, in any manner that would directl y o r inferentially reflect o n the acc e ptability o f any pers on because of race, reli g ion, col o r , ances try, sex, or national o ri gi n. IN WIT NESS WHEREOF the Cities have caused thi s Agreement to be signed in its corporate nam es by its Ma yors -7-I • • ------------ and City Clerks or Direct ors o[ Fi nance, th e day and ye ar first above written. CJ TY OF I:NGLE WOOD llt ___________ ~_-_-_, ___ _ Mayo r ATTES T: ; /\.(', \ I , ' ' ex officio City eler k -Tr ea~u rer CITY OF SHE RID AN ATTEST: City Clerk 0 • I • -8 - • •