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HomeMy WebLinkAbout1979-07-16 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING -Re gular July 16 , 1979 0 CITY COUNCIL MEETING July 16, 1979 • • - ORDINANCE 29, 30, 21, 32, 33 RESOLUTION JS'. }'{. 30 I 31 I 32 • 0 0 I . - ( ( ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 16, 1979 I {L The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1979, at 7:30 p .m, Mayor Taylor, presiding, called the meeting to o rder. The invocation was given Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop 692. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams , Smith , Harper, Clayton, Taylor. Absent: Council Member Mann. Mayor Taylor stated Councilman Mann would not be able to attend the meeting. Mr. Mann received a call during study ses- sion that a member of his family was seriously ill. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Council commended Boy Scout Troop #92 for giving the Pledge of Allegiance and request e d the scouts to re-enter the meeting and introduce themselves. The scouts were: David Turner Mike Evans Larry Walsh Doug Walsh * * * * * * City Manager Mccown gave a status report on the water main breakage at the Allen Water Treatment Plant. Mr. McCown • I • • July 1 6, 1979 Page 2 • • - stated the crews are hopeful they will be successful i n repair- ing the breakage and plan to start pumping water in three hours. Mr. McCown stated the water supply was down to less than one day's supply and asked that residents not water their yards for the next day in order to refill the supply and regain pressure and fire fighting capabilities . * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1979, AS SUBMITTED. Councilman Harp e r seconded the motion. Upon a call of the r oll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor . None. Council Member Mann. The Mayor declared the motion carried . * * * * * * Director of Utilities Stu Fonda was not present . Mr. Char les Vale of Camp, Dresser & McKee appeared on his behalf to discuss the wat er transmission main proj ect under the Capital Improvement Program and the attendant problems in routing the ma in under the bridge which carries U.S. 285 across Little Dry Creek. Mr. Vale stated the State Department has reversed their decision to app rove the route and has of fe red an alternate route . Mr. Vale stated the contractor has offered to do the alternate alignment procedure at no additional costs except for thos e unit costs esta blished in his contract . Mr. Vale stated if the al- tern ate route is approve d, an easement would have to be obtained on priva te property between South Grant and South Lincoln Street; the price could be negotiated. Mr. Vale stated althou~h the change order would inc rease the contract price by $10,000 to ~20,000; pre- sent and future risks of damaging U. S . 285 bridge over Little Dry Creek would be avoided. COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY STAFF TO NEGOTIATE THE WATER LINE EASEMENT AND ORDER THE CITY ATTORNEY TO PREPARE THE RESOLUTION SO STATING BASED ON THE MEMO FROM MR. FONDA TO ANDY MCCOWN DATED JULY 12, 1979. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. I • • ( ( • • • • July 16, 1979 Page 3 Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. Mr. Vale discussed the award of bid for the elevated water tank to Chicago Bridge & Iron Company. Council could chose either the multi-column tank or the single pedestal . Mr. Vale discussed the features and maintenance requiremen ts unique to each design . City Manager McCown acknowledged that staff had recom- -ended the single pedestal tank; one reason being it supposedly had the lower maintenance costs. Mr. Mccown pointed out the single column tank was $62,000 more than the multi-column tank and ques- tioned the length of time in which the difference would be recouped in maintenance costs. In response to Councilman Clayton's question, Mr. Vale stated there was no difference between the tanks in regard to re- liability. Mr. Vale stated the weight of the steel and the cost of welding and erection were the cost differenc es. Mayor Taylor stated Council must take into consideration everything done thus far on the water improvement program has gone over bid and more money is being spent that what was antici pated. Mayor Taylor urged the acceptance of the low bid for the construc- tion of the multi-column tank. AWARD TANK. roll, COUNCILMAN SMITH MOVED TO ACCEPT THE FOR THE WELDED ELEVATED STEEL TANK WHICH Councilman Harper seconded the motion. the vote resulted as follows: RECOMMENDATION FOR IS THE FOUR-PEDESTAL Upon a call of the Ayes : Council Members Harper, Clayton, Williams, Smith, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor commented on the new court/council facilities in which this meeting was being conducted. Mayor Taylor stated de- dication ceremonies would be held in the near future. * * * * * * • I • • - • July 16, 1979 Page 4 • • - Mr. Ted Mann, 30822 Middleton Road, Evergreen, and Mr. Terry Schmidt, 6931 South Spotswood, Littleton, were present . Mr. Mann is President and Mr. Schmidt is Chairman of the Community Arts Symphony . Mrs . Elaine Good who also was scheduled to appear before Council was not present. Mr. Mann and Mr. Schmidt request e d a public hearing date be set regarding their application for a special events permit for beer, wine and liquor for a symphony they are sponsoring on August 25, 1979 in Cinderella City. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR AUGUST 6, 1979, TO APPEAR ON THE REGULAR AGENDA. Council- u,an Harper seconded the motion. Councilman Clayton questioned whether or not the appli- cation was in order since it was marked for the purposes of sell- ing beer, wine and liquor . The applicant only wanted to sell beer and wine. City Attorney Berardini stated under a special events per- mit application, there are only two categor ies for which the appli- cant can apply . The only type of category applicable was the one marked for beer, wine and liquor and was checked marked in accor-dance with their purpose. Upon a call of the roll, the vot e on Councilman Smith's motion result ed as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor . None . Council Member Mann. Th e Mayor declared the motion carried. * * * * * * Mr . Robert Mcintyre, owner of Old Town Liquors, 325 East Jeff erson Avenue, was not present. * * * * * * Mr. Rodney Utz, and Mr. Robert W. Turner (attorney for Mr. William Gilmore) appeared before Council concerning a re- ,uest for a 3.2 beer license renewal for The John, 90 West Belle- view. Mr. Utz and Mr. Gilmore are the owners of The John. Their appearance was in response to Council's request for further in- vestigation into possible license violations over the past year at their establishment. • I • • - ( • July 16, 1979 Page 5 • • • City Attorney Berardini stated he had given the Council an oral report preceding the Council meeting concerning possible charges and referred the decision of whether or not to make formal charges against the owners and call for a hearing regarding rev- ocation or suspens ion of the license to Council. COUNCILMAN SMITH MOVED TO GRANT THE RENEWAL OF THE LICENSE . Councilman Harper seconded the motion . Councilman Smith stated there have been num e rous reports filed in regards to the license and it should be pointed out that a liquor license is a privilege not a right. Mr. Smith stated there were grounds for watching this establishment close ly and suggested that the owners take steps in getting better management. Mr. Smith stated he understood lately there has been more cooperation with the current management and under these improved circumstances he felt Council could grant renewal. Mr. Turner stated the current manager was present at the meeting and would oblige the Council in answering any ques- tions. Mr. Turner stated Mr. Utz has talked with the Police Chief and advised the Chief he will do everything possible in improving the operation of The John. · Councilman Clayton stated Council will back up the Police Departmen t and he expected the laws and regulations to be obeyed. Upon a call of the roll, the vote on Councilman Smith 's motion to grant the license renewal resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) Minutes of the Board of Career Service Com- missioners meeting of May 17, 1979. Minutes of the Englewood Public Library Board meeting of June 12, 1979. • I • - • July 16, 1979 Page 6 (c ) (d) • • • Mi nut e s o f the Anim al Con t r ol Co rmnittee meeting of July 9, 1979. Municipal Court Activity Re port for the month of June, 1979. * * * * * * City Manager Mccown presented request for a renewal of a hot el /restaurant liquor license for the Ground Round Restaurant, 5180 South Broadway . Mr. McCown stated the police report attached to the renewal application reflects no violations at this establish-ment during the past year . Mr. Mccown also presented a request for a 3 .2 beer license renewal for Bob's Grocery, 3296 South Washington Street . Mr . Mccown stated the police report attached to the renewal application refl e cts no violations at this outlet during the past year. COUNCILMAN HARPER MOVED TO GRANT THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR A 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASHING- TON STREET. Co unc i lman Harper seconded the motion. Upon a call of t h e roll , the v ot e r e su l ted as follows: Ay es : Na ys: Abs e nt : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • ( • July 16, 1979 Page 7 • • - Assistant City Manager Curnes presented a memorandum from Acting Director of Community Development Dorothy Romans con- cerning an encroachment request from Mr. Loren Fletcher, 705 West Dartmouth Avenue. Mr. Curnes stated Mr. Fletcher was under contract for the property at 705 West Dartmouth Avenue which was formerly a broom factory. Mr. Fletcher wants to convert the building into an office, shop and warehouse facility has determined it will be necessary to construct steps within the right-of-way in order to utilize the east entrance. This matter has been referred to the relevant City departments and there was no objection to either the continued encroachment of the building or to the encroachment of the proposed steps. COUNCILMAN SMITH MOVED TO APPROVE THE ENCROACHMENT RE- QUEST AT 705 WEST DARTMOUTH AVENUE AS OUTLINED IN THE MEMO OF JULY 12, 1979, FROM DOROTHY ROMANS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from C. Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor request- ing funds to transport 12 members of the Englewood Law Enforce- ment Exploring Post of Englewood to attend a conference in East Lansing, Michigan. Mr. McCown asked Chief of Police Robert Holm es to appear before Council and discuss this request. Chief Holmes introduced Mr. James Dalberg, 2901 W. 19th , Denver, District Executive for the Boy Scouts of America. Chief Holmes stated Mr. Dalberg was appearing on behalf of Mr. Keith. Mr. Dalberg explained his job responsibilities as Dis- trict Executive and the purpose of the Explorer Program, a division of the Boy Scouts. Mr. Dalberg stated the Englewood Police Depart- ment has had an Explorer Program for the last four years. Ten mem- uers of the program who wish to take part in a conference in Michi- gan, July 24-28, 1979, are requesting a donation to help pay trans-~ortation costs. Mr. Dalberg stated the members have already raised $1,500 to pay for conference fees. • I • • July 16, 1979 Page 8 • • - In response to Councilman Smith's question, Mr. Dalber g stated there we r e originally 12 members ; however, one has decided not to go and the other one is Mike Wood who is having his way paid by the United States Secret Service . Mr. Dalberg stated the airfare is $182.00 per person round trip. In response to Councilman Harp e r's questions , Mr. Dalberg stated he did not know if the conf erence wou ld be continued next year . Also, a member usually stays in the program from the age of 14 to 21 . Mr . Dalberg stated there wer e other explo rer groups under different vocations some of which are located at the Swedish Medical Cent e r. In response to Coun c ilman Clayton's question, Mr . Dal be rg stated this was the only explorer group in Englewood going b ecause it under the law enforceme nt program . Chief Holmes explained the members are volunteers who perform security duties at special events, such as parades, con- certs, and holiday celebrations in the City throughout the year. Chief Holmes stated the members donate their labor. Chief Holm es asked if Council could not provide assistance for airfare, would they be willing to assist in defraying the costs for gas and meals if Captain Fraizer, himself, and two other officers we re to drive the members in a c amper/trailer to the conference. COUNCILMAN SMITH MOVED TO APPROVE $1,820 FOR THE ENGLE- WOOD LAW ENFORCEMENT EXPLO RING POST TO GO TO THE EXPLORER CONFERENCE TO BE HELD AT MICHIGAN STATE UNIVERSITY, JULY 24 -28, 1979. Coun-cilman Cl ayton seconded the motion. Councilman Smith stated he was impressed with Chief Holm es 's report on the explorer post and felt the group was worth more than what they were asking . Mr. Smith stated he would be in favor of supporting them and providing money to send them to the conferenc e , based on the group's contribution to the City. Counc i lman Clayton stated he agreed with Councilman Smith; however, he tended to be more conservative. Mr. Clayton asked Chief Holmes if it was a realistic possibility that he and Captain Fraizer drive the group back in the camper/trailer; and how much would it cost. Captain Fraizer appeared before Council and stated the costs would be approximately $900. Councilman Harper spoke against the motion. Mr. Harper stated Council will soon have to consider policy decisions relat- ing to requests coming from various groups. Mr. Harper stated he acknowledged this group as many other groups provide a fine ser- vice for the City and are worthy of the community. Mr. Harper • I • ( ( • July 16, 1979 Page 9 • • • stated he felt Council could not take on all responsibilities for supporting this type of activity. Captain Frazier stated this particular explorer post has been an exemplary one, singled out by the Denver Area Council of Boy Scouts in the area of law enforcement, law, retail mer- chandising, and aviation. This particular post exceeded in abilities and performance above all other law enforcement ex- plorer posts in that group in addition to the other fields of endeavor; and has been viewed by other agencies who are planning to s~onsor posts . COUNCILMAN CLAYTON MOVED TO AMEND COUNCILMAN SMITH'S MOTION TO ALLOT $1,250.00. Motion died for lack of a second . Councilman Smith stated he agreed with Councilman Harper that policy decisions have to be made; but he also thought requests have to be considered based on their merit. Upon a call of the roll, the vote on Councilman Smith's motion to contribute $1,820.0 0 to the Explorer Post for trans- portation costs to a conference resulted as follows: Ayes: Council Members Smith, Clayton, Taylor. Nays: Council Members Harper, Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:00 p .m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. The Mayor declared a quorum present. * * * * * * Mayor Taylor announced the water repairs have been made and wat e r would be turned on immediately. * * * * * * • I • • • July 16 , 1979 Page 10 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a . AND b. OF SECTION 22 .7 -7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO . 30 ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR AUGUST 13, 1979, AT 7:00 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: Nays: Absent: Council Members Harper, Clayton, Williams , Smith, Taylor. None . Council Member Mann . The Mayor declared the motion carried . ORDINANCE NO . SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. City Attorney Berardini stated the bill reduces the age requireme nt from 25 to 21; and the residency requirement from three years to one year immediately prior the election to be qualified to a member of the Englewood City Council. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 31 ON FIRST READING. Councilman Williams seconded the motion • • I • • ( • July 16, 1979 Page 11 • • • In response to Councilman Harper's question, City Attorney Berardini stated the bill would bring the Charter in conformity with state law and case law in Colorado. Councilman Smith stated state law recites the age require- ment to be 18 and the residency requirement to 32 days; however, Englewood is a home rule city has the right to modify the require-ments. Upon a call of the roll, the vote to pass Council Bill No . 31 on first reading resulted as follows : Ayes: Nays: Absent: Co uncil Members Harper, Clayton, Williams, Smith, Taylor . None . Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann . The Mayor declared the motion carried . * * * * * * I • • July 16 , 1979 Page 12 ORDINANCE NO . SERIES OF 1979-- BY AUTHORITY A BILL FOR • • - COUNCIL BIL L NO. 3 3 INTRODUCED BY COUNCILMAN WIL LIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELEC TO RS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPA L ELE CTI ON TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RE MOVING THE FOLLOWING REQUIREMENT S: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSI ON --THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX -PAYING ELECTORS --THAT SAID MEMBERS OF THE PLANN ING AND ZONING COMMIS- SION BE RESIDENTS OF THE CIT Y FOR AT LEAST ONE YEAR PRIOR TO APPOIN T-MENT . COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33 ON FIRST READING . Councilman Smith seconded the motion . Council discussed the age and residency requirements to b a qual ified elector. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT 18 YEARS OF AGE BE CHANGE D TO 21 YEARS OF AGE. Councilman Smith seconded the motion. Upon a call of the roll, the vote res u lted as fol lows : Ayes : Council Member Clayton . Nays : Council Members Williams, Smith, Harper, Taylor. Absent : Council Member Mann . The Ma yor declared the motion defeated. COUNCILMAN CLAYTON MOVED TO AMEND THE MOT ION BY DELET- ING THE FOLLOWING FR OM THE TITLE OF THE BILL "THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMISSION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Smith, Taylor. Council Members Harper, Williams. • I • • ) ( • July 16, 1979 Page 13 Absent: • • - Council Member Mann . The Mayor declared the motion carried. City Attorney Berardini stated the above amend men t r e - verts the residency requirement to what it was b efor e , i.e. re- quiring a member of the Planning and Zoning Commission to be a resident o f the City for at least one year prior to the date of the appointment . Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Nays : Absent: Council Members Harp er, Clayton, Smith, Taylor . Council Member Williams. Council Memb er Mann . The Mayor d ec lared the motion carried . ORDINANCE NO. SERIES OF 1979 ~~ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS --THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34 ON FIRST READING WITH THE FOLLOWING AMENDMENT -THAT THE LAST LINE OF THE TITLE "THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINTMENT" BE DELETE D. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Clayton, Smith, Taylor . Coun cil Member Williams. • I • • n July 16, 1979 Page 14 Abs e nt : • • - Council Member Mann. Th e Mayor declared the motion carr i ed. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 35 INTRODUCED BY COUNCI LMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY . COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 35 ON FIRST READING WITH THE FOLLOWING AMENDMENT BE ADDED -"THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO AP- POINTMENT". Councilman Clayton seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ADD- ING THAT THE BOARD SHALL CONSIST OF THE MAYOR AND EIGHT MEMBERS APPOINTED BY COUNCIL . Councilman Smith seconded the motion . Councilman Clayton stated there is a need for a coun- cilman to be a member of the Board because important water issues affecting the City are referred to this agency . Councilman Smith stated it should not make any difference whether the designated councilmember is the Mayor or another coun- cilman . Mr . Smith stated he did not understand why a councilmember ne eded be appointed to the Board because all issues that go before the Board ar e sent to Council anyway; and Council is the ultimate body that makes the final decision . Mr. Smith stated the proposed bill does not legislate that a Mayor or Councilman can not be a memb er of the Bo ard; it only says they do not have to be by law . Mayor Taylor stated the purpose of the amendments was to remove elected officials that these commissions and boards have to report to. Mayor Taylor stated at present councilmembers are reporting to themselves. • I • c • July 16, 1979 Page 15 • • • Councilman Clayton stated appointments to the Water and Sewer Board are important and stressed the need for the ap- pointment of at least one active councilmember to the board as a liaison. Upon a call of the roll, the vote on Councilman Clayton's amendment resulted as follows: Ayes: Nays: Absent: Council Member Clayton. Council Members Harper, Williams, Smith, Taylor. Council Member Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion by Councilman Smith resulted as follows: Ayes: Council Members Harper, Smith, Taylor. Nays : Council Members Clayton, Williams. Absent: Council Member Mann. The Mayor declared the motion carried . * * * * * * City Attorney Berardini referred to Council Bill No. 33 relating to the Planning and Zoning Commission amended to replace the one year residency requirement. Mr. Berardini stated the submission clause in this bill in Section 2 should be changed in the third line from the bottom --a period should be inserted after electors and the rest of the clause striken. City Attorney Berardini stated the same change should be made in Council Bill No. 34, Section 2. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON • I • July 16 , 197 9 Page 16 A BILL FOR • • • AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMP LO YEES ASSOCI ATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAI NE D IN THE COLLECTIVE BARGAINING AGREEMEN T DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 ON FIRST READING . Councilman Harper seconded the motion. City Manager Mccown discuss ed the major points in the contracts wi th the non -emerge ncy employees, the fire fighters association , and the police benefit association . Up on a call of the roll , the vo te resulted as follows: Ayes : Nays : Ab sent: Co unc il Members Harper, Clayton, Williams, Smith, Taylor. None. Co unci l Member Mann. The Mayor declared the motion carried . ORDINANCE NO . SERIES OF 1979 * * * * * * BY AUTH OR ITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POL ICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 19 8 1, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 19 76 MEMORANDUM OF UNDERSTAN DING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38 ON FIRST REA DING . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harp er , Clayton, Williams, Smith, Taylor. • I • ( • July 16, 1979 Page 17 Nays: Absent : • • • None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER 0 AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37 ON FIRST READING. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini clarified the question posed earlier by Councilman Clayton concerning the types of license that can be applied for under a special events permit. * * * * * * City Attorney Berardini requested Counc il 's approval to authorize the same wage increase for members of his staff that was approved for the non-emergency employees effective July 1, 1979. COUNCILMAN WILLIAMS MOVED TO INCREASE THE SALARIES OF THE CITY ATTORNEY'S OFFICE BY THE SAME DEGREE AS THAT GIVEN TO • I • - • July 16, 1979 Page 18 • • - OTHER NON -EMERGENCY EMPLOYEES AND EFFECTIVE J ULY 1, 1979 . Coun - cilman Clayton seconded the mot ion. Up on a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Councilman Haprer, Clayton, Williams, Smith, Taylor. None. Council Member Mann . The Mayor d ec lare d the motion carr ied . * * * * * * City Ma n ager Mccown transmitted for information purposes, a memorandum from the Director of Public Works to the City Manager in reply to a grade problem in the alley in the 4400 block o f South Pearl and South Wa shington. The matter involved Reverend W. W. Brandt and the g rade in the alley adjacent to his property . City Manager Mcco wn stated the City Engineer, Public Works Dir ec tor, and the Surveyor viewed the problem and decided to modify the alley behind Mr. Brandt's property to allow proper slo ping to his parking area as well as proper water drainage. Mr. McCown stated Reverend Brandt has indicated he was satisified wi th the outcome . * * * * * * City Manager McCo wn presented the Six-Quarter Budget for the period of July, 1979, to December, 1980, and discuss ed the recollDTlended changes to be made to the budget . Mr. McCown stated the changes total $156,000 in 1979 and the City presently has funds in the amo unt of $114,500 . In order to fund all the approved projects and in particular t he purchase of land south of the Malley Center fo r parking, one of the following pro jec ts tha t is curr e ntly in t he six-quarter budget for 1979 would have to be amended by a reduction of $41,500: Little Dry Creek Clarkson Street Ce nt e nn ial Park RESOLUTION NO. 28 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO APPROVE THE SIX-QUARTER BUDGET AS SUBMITTED IN CITY MANAGER MCCOWN'S MEMO OF JULY 12, 1979, APPRO- • I • ( July 16, 1979 Page 19 • • - PRIATING THE $41,500 DEFICIT FROM LITTLE DRY CREEK FUNDS AND TO PASS RESOLUTION NO. 28, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor . None . Council Member Mann . The Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1979 * * * * * * A RESOLU TIO N AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND , AN D GOLF COU RSE BUDGETS . COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29 , SERIES OF 1979. Councilman Harper seconded the motion. Upon a c a ll of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor . None . Council Member Mann . The Mayor declared the motion carried . * * * * * * City Manager Mccown stated he received a letter from Mr. Martin Howard Herzog, the new owner of the Ambrose property which includes the Park & Shop parking lot and several build- ings fronting Broadway . Mr. Herzog has asked that the lease on the City-owned lot, commonly called the Park & Shop parking lot, be extended . Mr. Mccown stated by Charter the City is limited to a 20-year lease and the this one made three years ago; therefore, it currently has 17 years to go. Mr. Herzog has requested that Council add another three years to it giving him a total of 20 years . Councilman Smith stated based on the fact that within the last few months, Council has initiated the Downtown Develop- ment Authority and without having a specific recormnendation from them, he did not think the lease should be extended • • I • • July 16, 1979 Page 20 • • • COUNCILMAN SMITH MOVED TO SEND A LETTER TO MR. HERZOG IN- DICATING TO HIM THAT UNTIL FUTURE STUDIES FROM THE ENGLEWOOD DOWN- TOWN DEVELOPMENT AUTHORITY AND RECOMMENDATIONS BY CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ARE RECEIVED, THAT THE LEASE NOT BE EXTENDED 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, Smith, Taylor. None . Council Member Mann . The Mayor declared the mot ion carried . * * * * * * COUNCILMAN SMITH MOVED TO APPOINT LARRY STONE AS PER RECOMMENDATION FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO FILL THE VACANCY ON THE AUTHORITY AND IN ADDITION TO THE APPOINT - MENT THAT COUNCIL SEND A LETTER TO THE AUTHORITY SUGGESTING THAT IN THE FUTURE AS OPPOSED TO SENDING A FIRST AND SECOND CHOICE THAT COUNCIL RECEIVES A LIST OF ELIGIBLE PEOPLE CONTACTED FOR THOSE POSI - TIONS AND ALSO URGE THEM TO AT LEAST GET SOME REPRESENTATION FROM A VERY WIDE AREA WHICH AT THE CURRENT TIME, THEY HAVE NONE, AS AN EXAMPLE , FROM CINDERELLA CITY. Councilman Clayton seconded the motion. Councilman Smith stated if there are eligible people who want the position, the Authority should submit a list of names and not just a recommendation list particularly one that has been prior- itized. The reason being is that commissions who appoint their own replacements become a less diversified group and do not get the exposure they need from other areas. Fred Kaufman, president of the Englewood Downtown Develop- ment Authority, appeared before Council and stated the Authority had submitted names from which Council could still choose whomev er they wanted to fill the vacancy. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. • I • • ( • • • - July 16, 1979 Page 21 The Mayor declared the motion carried. * * * * * * Mayor Taylor asked Council to seriously consider the ap- pointment of a Liquor License Hearing Board. Mayor Taylor stated with the lifting of the band of selling liquor at Cinderella City, Council will be belabored with liquor applications hearings which could be very time consuming. In response to Councilman Harper's qu estion, City Attorney Berardini stated the board could be created by ordinance. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPOINT COUNCILMAN DONALD HARPER TO FILL THE VACANCY ON THE DENVER REGIONAL COUNCIL OF GOVERN - MENTS LEFT BY THE RESIGNATION OF DONALD WEBER . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams , Smith, Taylor . None. Council Member Mann . The Mayor declared the motion carried. * * * * * * Councilman Smith stated it has been brought to his attention some citizens are worried that the earnings of any one who applies for reimbursement for frozen water lines might be published in the paper or might be made public i n some way. Mr. Smith recommended that the City should publicize that the applicant's earnings are not for publication or public record. Mr. Smith stated the reimbursement amounts are public record but their earnings should not be publicized. Mr. Smith re- quested the notice be published befor e the end of the month. quest. Ther e was no objection to Counc i lman Smith's re- * * * * * * Councilman Smith asked Council to pay particula r attention to the revenue sharing program which is under attack and expires in 1980. Mr. Smith urged Council to take a position • I • • \ - • • July 16 , 1979 Page 2 2 • • • t o support the prog r am in con j unction with the Co l or a do Mun i cipal Le ague . Mr. Sm i th sta ted the City receives a pproximat e ly $700,000 a year in r e ven u e s h a r i n g funds . Ma y or Taylor stat ed p e op l e s hould write to their congress- men an d senators to encourage the continuation of revenue sharing funds. Mayor Taylor stated it is important that revenue sharing continue with the climate of the economy shaping up as it is . If if the City lost $700,000 f rom revenue sharing funds, it would have to di p i nto the Ge n e ral and Public Improveme nt Funds. * * * * * * Counci l man Smith r e ferred to th e Englewood Downtown De - velopment Author i ty minutes o f June 29, 1979. Mr. Smith noted there was nothing about a development of basic guidelines for the downtown area prior to contacting developers. Mr. Smith stated he would like to see basic guidelines deve loped before short- range, medium-range, or long-range plans are discussed. * * * * * * City Manager Mccown reported the water main repairs have been made and the plant is operating. Mr. Mccown stated the Police Chief and the Director of Public Works suggest the operation be monitored until midnight before announcing that businesses can be opened tomorrow. Mr. McCown stated irrigation will still be re-stricte d unt i l Wedne s day. * * * * * * Ther e was no further business to be discussed. * * * * * * COUN CI LMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Ta y lo r a d j ourne d t h e me et i ng wi thout a vo t e at 10 :58 p.m. J:r~cJJ~ eputy City Cler • D I • ( ( c • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 16, 1979 I CL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. Mayor Taylor stated Councilman Mann would not be able to attend the meeting. Mr. Mann received a call during study ses- sion that a member of his family was seriously ill. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Council comm ended Boy Scout Troop #92 for giving the Pledge of Allegiance and requested the scouts to re-enter the meeting and introduce themselves. The scouts were: David Turner Mike Evans Larry Walsh Doug Walsh * * * * * * City Manager Mccown gave a status report on the wa ter main breakage at the Allen Water Treatment Plant. Mr. Mccown • I • July 16, 1979 Page 2 • • - stated the crews are hopeful they will be successful in repair- ing the breakag e and plan to start pumping water in three hours. Mr. Mccown stated the water supply was down to less than one day's supply and asked that residents not water their yards for the next day in order to refill the supply and regain pressure and fire fighting capabilities. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1979, AS SUBMITTED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper , Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda was not present. Mr. Charles Vale of Camp, Dresser & McKee appeared on his behalf to discuss the water transmission main project under the Capital Improvement Program and the attendant problems in routing the main under the bridge which carries U.S . 285 across Little Dry Creek . Mr. Vale stated the State Department has reversed their decision to approve the route and has offered an alternate route. Mr . Vale stated the contractor has offered to do the alternate alignment procedur e at no add i tional costs except for those unit costs establ is hed i n h i s contract. Mr. Vale stated if the al- ternate route is approved , an easement would have to be obtained on private prop erty between South Grant and South Lincoln Street; the price could be negotiated. Mr. Vale stated although the change order would increase the contract price by $10,000 to ~20,000; pre- sent and future risks of damaging U. S. 285 bridge over Little Dry Creek would be avoided. COUNCILMAN SMI TH MOVED TO AUTHORIZE THE CITY STAFF TO NEGOTIATE THE WATER LINE EASEMENT AND ORDER THE CITY ATTORNEY TO PREPARE THE RESOLUTION SO STATING BASED ON THE MEMO FROM MR. FONDA TO ANDY MCC OWN DATED JULY 12, 1979. Councilman Clayton seconded the motion . Upon a cal l of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Williams, Smith, Taylor. • 0 I • • ( ( • • • • July 16, 1979 Page 3 Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. Mr. Vale discussed the award of bid for the elevated water tank to Chicago Bridge & Iron Company. Council could chose either the multi-column tank or the single pedestal. Mr. Vale discussed the features and maintenance requirements unique to each design. City Manager McCown acknowledged that staff had recom- -ended the single pedestal tank; one reason being it supposedly had the lower maintenance costs. Mr. McCown pointed out the single column tank was $62,000 more than the multi-column tank and ques- tioned the length of time in which the difference would be recouped in maintenance costs. In response to Councilman Clayton's question, Mr. Vale stated there was no difference between the tanks in regard to re- liability. Mr. Vale stated the weight of the steel and the cost of welding and erection were the cost differences. Mayor Taylor stated Council must take into consideration everything done thus far on the water improvement program has gone over bid and more money is being spent that what was anticipated. Mayor Taylor urged the acceptance of the low bid for the construc-tion of the multi-column tank. AWARD TANK. roll, COUNCILMAN SMITH MOVED TO ACCEPT THE FOR THE WELDED ELEVATED STEEL TANK WHICH Councilman Harper seconded the motion. the vote resulted as follows: RECOMMENDATION FOR IS THE FOUR-PEDESTAL Upon a call of the Ayes : Council Members Harper, Clayton, Williams , Smith, Taylor. Nays : Non .e. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor connnented on the new court/council facilities in which this meeting was being conducted. Mayor Taylor stated de- dication ceremonies would be held in the near future. * * * * * * • I • • July 16, 1979 Page 4 • • - Mr. Ted Mann, 30822 Middleton Road, Evergreen, and Mr. Terry Schmidt, 6931 South Spotswood, Littleton, were present. Mr. Mann is President and Mr. Schmidt is Chairman of the Community Arts Symphony. Mrs. Elaine Good who also was scheduled to appear before Council was not present. Mr. Mann and Mr. Schmidt requested a public hearing date be set regarding their application for a special events permit for beer, wine and liquor for a symphony they are sponsoring on August 25, 1979 in Cinderella City. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR AUGUST 6, 1979, TO APPEAR ON THE REGULAR AGENDA. Council- -an Harper seconded the motion. Councilman Clayton questioned whether or not the appli- cation was in order since it was marked for the purposes of sell- ing beer, wine and liquor. The applicant only wanted to sell beer and wine. City Attorney Berardini stated under a special events per- mit application, there are only two categories for which the appli- cant can apply. The only type of category applicable was the one marked for beer, wine and liquor and was checked marked in accor-D dance with their purpose. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Robert Mcintyre , owner of Old Town Liquors, 325 East Jefferson Avenue, was not present. * * * * * * Mr. Rodney Utz, and Mr. Robert W. Turner (attorney for Mr. William Gilmore) appeared before Council concerning a re-~uest for a 3.2 beer license renewal for The John, 90 West Belle- view. Mr. Utz and Mr. Gilmore are the owners of The John. Their appearance was in response to Council's request for further in- vestigation into possible license violations over the past year at their es tablishment. • I • • ( • July 16, 1979 Page 5 • • • City Attorney Berardini stated he had given the Council an oral report preceding the Council meeting concerning possible charges and referred the decision of whether or not to make formal charges against the owners and call for a hearing regarding rev- ocation or suspension of the license to Council. COUNCILMAN SMITH MOVED TO GRANT THE RENEWAL OF THE LICENSE. Councilman Harper seconded the motion. Councilman Smith stated there have been numerous reports filed in regards to the license and it should be pointed out that a liquor license is a privilege not a right. Mr. Smith stated there were grounds for watching this establishment closely and suggested that the owners take steps in getting better management. Mr. Smith stated he understood lately there has been more cooperation with the current management and under these improved circumstances he felt Council could grant renewal. Mr. Turner stated the current manager was present at the meeting and would oblige the Council in answering any ques- tions. Mr. Turner stated Mr. Utz has talked with the Police Chief and advised the Chief he will do everything possible in improving the operation of The John. Councilman Clayton stated Council will back up the Police Department and he expected the laws and regulations to be obeyed. Upon a call of the roll, the vote on Councilman Smith's motion to grant the license renewal resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) Minutes of the Board of Career Service Com- missioners meeting of May 17, 1979. Minutes of the Englewood Public Library Board meeting of June 12, 1979. • I • • July 16, 1979 Page 6 (c) (d) • • • Minutes of the Animal Control CoITDnittee meeting of July 9, 1979. Municipal Court Activity Report for the month of June, 1979. * * * * * * City Manager Mccown presented request for a renewal of a hotel/restaurant liquor license for the Ground Round Restaurant, 5180 South Broadway. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this establish-ment during the past year. Mr. Mccown also presented a request for a 3.2 beer license renewal for Bob's Grocery, 3296 South Washington Street. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this outlet during the past year. COUNCILMAN HARPER MOVED TO GRANT THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR A 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASHING- TON STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • D I • • July 16, 1979 Page 7 • • - Assistant City Manager Curnes presented a memorandum from Acting Director of Community Development Dorothy Romans con- cerning an encroachment request from Mr. Loren Fletcher, 705 West Dartmouth Avenue. Mr. Curnes stated Mr. Fletcher was under contract for the property at 705 West Dartmouth Avenue which was formerly a broom factory. Mr. Fletcher wants to convert the building into an office, shop and warehouse facility has determined it will be necessary to construct steps within the right-of-way in order to utilize the east entrance. This matter has been referred to the relevant City departments and there was no objection to either the continued encroachment of the building or to the encroachment of the proposed steps. COUNCILMAN SMITH MOVED TO APPROVE THE ENCROACHMENT RE- QUEST AT 705 WEST DARTMOUTH AVENUE AS OUTLINED IN THE MEMO OF JULY 12, 1979, FROM DOROTHY ROMANS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from c. Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor request- ing funds to transport 12 members of the Englewood Law Enforce- ment Exploring Post of Englewood to attend a conference in East Lansing, Michigan. Mr. Mccown asked Chief of Police Robert Holmes to appear before Council and discuss this request. Chief Holmes introduced Mr. James Dalberg, 2901 W. 19th, Denver, District Executive for the Boy Scouts of America. Chief Holmes stated Mr. Dalberg was appearing on behalf of Mr. Keith. Mr. Dalberg explained his job responsibilities as Dis- trict Executive and the purpose of the Explorer Program, a division of the Boy Scouts. Mr. Dalberg stated the Englewood Police Depart- ment has had an Explorer Program for the last four years. Ten mem- uers of the program who wish to take part in a conference in Michi- gan, July 24-28, 1 979, are requesting a donation to help pay trans- ?Ortation costs. Mr. Dalberg stated the members have already raised ~l,500 to pay for conference fees. • I • - • July 16 , 1979 Page 8 • • • In response to Councilman Smith's question, Mr. Dalberg stat e d there we re originally 12 members; however, one has decided not to go and the other one is Mike Wood who is having his way paid by the United States Secret Service. Mr. Dalberg stated the airfare is $182.00 per person round trip. In response to Councilman Harper's questions, Mr. Dalberg stated he did not know if the conference would be continued next year. Also, a member usually stays in the program from the age of 14 to 21. Mr. Dalberg stated there were other explorer groups under different vocations som e of which are located at the Swedish Medical Center. In response to Councilman Clayton's question, Mr. Dalberg stated this was the only explorer group in Englewood going because it under the law enforcement program. Chi e f Holmes explained the members are volunteers who per fo r m secur ity d u tie s at special events, such as parades, con- c erts, and holi day celebrations in the City throughout the year. Chief Holme s stated th e members donate their labor. Chief Holmes asked if Council co u l d not provide assistance for airfare, would they be willing t o a s sist in defraying the costs for gas and meals if Captain Fr aize r , himself, and two other officers were to drive the members in a cam p e r /trai ler to the conference. COUNCILMAN SMITH MOVED TO APPROVE $1,820 FOR THE ENGLE- WOOD LAW ENFO RCEMENT EXPLORI NG POST TO GO TO THE EXPLORER CONFERENCE TO BE HELD AT MIC HIG AN STAT E UNIVERSITY, JULY 24 -28, 1979. Coun-cilman Clayton secon de d t h e mo t i on. Co uncilman Smith stated he was impressed with Chief Holmes's r eport o n the e xplor e r post and felt the group was worth more than wh at t hey wer e ask i ng. Mr. Smith stated he would be in favor of s uppor t ing them and providing money to send them to the conference, bas ed on the g r oup's contr i bution to the City. Councilman Clayton stated h e agreed with Councilman Smith ; how ever , he t e nded to be more conservative. Mr. Clayton asked Chi e f Ho lmes if i t was a r e alistic possibility that he and Captain Fraiz er dr ive the g roup back i n the camper/trai ler ; and how much would it c o st. Ca ptain Fraizer appeared before Council and stated the cost s wou l d b e approximately $900. Coun c ilman Harper spoke against the motion. Mr. Harper stated Coun cil wil l soon have to consider policy decisions relat- i ng to reque s ts coming from various groups. Mr. Harper stated he acknowledg e d this group as many other groups provide a fine ser- v ice f or t h e City and are worthy of the community. Mr. Harper • I • ( • July 16, 1979 Page 9 • • - stated he felt Council could not take on all responsibilities for supporting this type of activity. Captain Frazier stated this particular explorer post has been an exemplary one, singled out by the Denver Area Council of Boy Scouts in the area of law enforcement, law, retail mer- chandising, and aviation. This particular post exceeded in abilities and performance above all other law enforcement ex- plorer posts in that group in addition to the other fields of endeavor; and has been viewed by other agencies who are planning to sponsor posts. COUNCILMAN CLAYTON MOVED TO AMEND COUNCILMAN SMITH'S MOTION TO ALLOT $1,250.00. Motion died for lack of a second. Councilman Smith stated he agreed with Councilman Harper that policy decisions have to be made; but he also thought requests have to be considered based on their merit. Upon a call of the roll, the vote on Councilman Smith's motion to contribute $1,820.00 to the Explorer Post for trans- portation costs to a conference resulted as follows: Ayes: Council Members Smith, Clayton, Taylor. Nays: Council Members Harper, Williams. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:00 p.m. The Council reconvened at 9 :15 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Mayor Taylor announced the water repairs have been made and water would be turned on immediately. * * * * * * • I • ') • Ju l y 16, 1979 Page 10 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7 -7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR AUGUST 13, 1979, AT 7:00 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried . ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. City Attorney Berardini stated the bill reduces the age requirement from 25 to 21; and the residency requirement from three years to one year immediately prior the election to be qualified to a member of the Englewood City Council. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 31 ON FIRST READING. Councilman Williams seconded the motion • • I • ( • July 16, 1979 Page 11 • • - 0 In response to Councilman Harper's question, City Attorney Berardini stated the bill would bring the Charter in conformity with state law and case law in Colorado. Councilman Smith stated Rtate law recites the age require- ment to be 18 and the residency requirement to 32 days; however, Englewood is a home rule city has the right to modify the require-ments. Upon a call of the roll, the vote to pass Council Bill No. 31 on first reading resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979~ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • ) I • • Jul y 16, 1979 Page 12 ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION --THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX-PAYING ELECTORS --THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMIS- SION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33 ON FIRST READING. Councilman Smith seconded the motion. Council discussed the age and residency requirements to be a qualified elector . COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT 18 YEARS OF AGE BE CHANGED TO 21 YEARS OF AGE. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Clayton. Nays: Council Members Williams, Smith, Harper, Taylor. Absent: Council Member Mann. The Mayor declared the motion defeated. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY DELET- ING THE FOLLOWING FROM THE TITLE OF THE BILL "THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMISSION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Smith, Taylor. Council Members Harper, Williams. • I • • ) ( ( • July 16, 1979 Page 13 Absent: • • - Council Member Mann. The Mayor declared the motion carried. City Attorney Berardini stated the above amendment re- verts the residency requirement to what it was before, i.e. re- qu1r1ng a member of the Planning and Zoning Commission to be a resident of the City for at least one year prior to the date of the appointment. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS --THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34 ON FIRST READING WITH THE FOLLOWING AMENDMENT -THAT THE LAST LINE OF THE TITLE "THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINTMENT" BE DELETED. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. • I • • • Ju l y 16, 1 979 Pa ge 14 Absent : • • • Council Member Mann. Th e Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35 ON FIRST READING WITH THE FOLLOWING AMENDMENT BE ADDED -"THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO AP- POINTMENT". Councilman Clayton seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ADD- ING THAT THE BOARD SHALL CONSIST OF THE MAYOR AND EIGHT MEMBERS APPOINTED BY COUNCIL. Councilman Smith seconded the motion. Councilman Clayton stated there is a need for a coun- cilman to be a member of the Board because important water issues affecting the City are referred to this agency. Councilman Smith stated it should not make any difference whether the designated councilmember is the Mayor or another coun- c ilman. Mr. Smith stated he did not understand why a councilmember n e eded be appoint e d to the Board because all issues that go before the Board are sent to Council anyway; and Council is the ultimate body that makes the final decision. Mr. Smith stated the proposed bill does not legislate that a Mayor or Councilman can not be a member of the Board ; it only says they do not have to be by law. Mayor Taylor stated the purpose of the amendments was to remove elected officials that these commissions and boards have to report to. Mayor Taylor stated at present councilmembers are reporting to themselves. • 0 I • • c • July 16, 1979 Page 15 • • • Councilman Clayton stated appointments to the Water and Sewer Board are important and stressed the need for the ap- pointment of at least one active councilmember to the board as a liaison. Upon a call of the roll, the vote on Councilman Clayton's amendment resulted as follows: Ayes : Nays : Absent: Council Member Clayton. Council Members Harper, Williams, Smith, Taylor. Council Member Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion by Councilman Smith resulted as follows: Ayes: Council Members Harper, Smith, Taylor. Nays : Council Members Clayton, Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini referred to Council Bill No. 33 relating to the Planning and Zoning Commission amended to replace the one year residency requirement. Mr. Berardini stated the submission clause in this bill in Section 2 should be changed in the third line from the bottom --a period should be inserted after electors and the rest of the clause striken. City Attorney Berardini stated the same change should be made in Council Bill No. 34, Section 2. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON • I • • • July 16, 1979 Page 16 A BILL FOR • • • AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1 , 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 ON FIRST READING. Councilman Harper seconded the motion. City Manager Mccown discussed the major points in the contracts with the non-emergency employees, the fire fighters association, and the police benefit association. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEG E INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38 ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: ----- Council Members Harper, Clayton, Williams, Smith, Taylor . • 0 I • • - c • July 16, 1979 Page 17 Nays: Absent : • • • None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini clarified the question posed earlier by Councilman Clayton concerning the types of license that can be applied for under a special events permit. * * * * * * City Attorney Berardini requested Council's approval to authorize the same wage increase for members of his staff that was app~oved for the non-emergency employees effective July 1, 1979. COUNCILMAN WILLIAMS MOVED TO INCREASE THE SALARIES OF THE CITY ATTORNEY'S OFFICE BY THE SAME DEGREE AS THAT GIVEN TO • I • • • July 16, 1979 Page 18 • • • OTHER NON-EMERGENCY EMPLOYEES AND EFFECTIVE JULY 1, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Councilman Haprer, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted for information purposes, a memorandum from the Director of Public Works to the City Manager in reply to a grade problem in the alley in the 4400 block of South Pearl and South Washington. The matter involved Reverend W. W. Brandt and the grade in the alley adjacent to his property. City Manager Mccown stated the City Engineer, Public Works Director, and 0 the Surveyor viewed the problem and decided to modify the alley behind Mr. Brandt's property to allow proper sloping to his parking area as well as proper water drainage. Mr. McCown stated Reverend Brandt has indicated he was satisified with the outcome. * * * * * * City Manager McCown presented the Six-Quarter Budget for the period of July, 1979, to December, 1980, and discussed the recommended changes to be made to the budget. Mr. Mccown stated the changes total $156,000 in 1979 and the City presently has funds in the amount of $114,500. In order to fund all the approved projects and in particular the purchase of land south of the Malley Center for parking, one of the following projects that is currently in the six-quarter budget for 1979 would have to be amended by a reduction of $41,500: Little Dry Creek Clarkson Street Centennial Park RESOLUTION NO. 28 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO APPROVE THE SIX-QUARTER BUDGET AS SUBMITTED IN CITY MANAGER MCCOWN'S MEMO OF JULY 12, 1979, APPRO- • I • ( • July 16, 1979 Page 19 • • - PRIATING THE $41,500 DEFICIT FROM LITTLE DRY CREEK FUNDS AND TO PASS RESOLUTION NO. 28, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29, 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, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated he received a letter from Mr. Martin Howard Herzog, the new owner of the Ambrose property which includes the Park & Shop parking lot and several build- ings fronting Broadway. Mr. Herzog has asked that the lease on the City-owned lot , commonly called the Park & Shop parking lot, be extended. Mr. Mccown stated by Charter the City is limited to a 20-year lease and the this one made three years ago; therefore, it currently has 17 years to go. Mr. Herzog has requested that Council add another three years to it giving him a total of 20 years. Councilman Smith stated based on the fact that within the last few months, Council has initiated the Downtown Develop- ment Authority and without having a specific recommendation from them, he did not think the lease should be extended • • I • • July 16 , 1979 Page 20 • • • COUNCILMAN SMITH MOVED TO SEND A LETTER TO MR. HERZOG IN- DICATING TO HIM THAT UNTIL FUTURE STUDIES FROM THE ENGLEWOOD DOWN- TOWN DEVELOPMENT AUTHORITY AND RECOMMENDATIONS BY CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ARE RECEIVED, THAT THE LEASE NOT BE EXTENDED 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, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPOINT LARRY STONE AS PER RECOMMENDATION FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO FILL THE VACANCY ON THE AUTHORITY AND IN ADDITION TO THE APPOINT- MENT THAT COUNCIL SEND A LETTER TO THE AUTHORITY SUGGESTING THAT 0 IN THE FUTURE AS OPPOSED TO SENDING A FIRST AND SECOND CHOICE THAT COUNCIL RECEIVES A LIST OF ELIGIBLE PEOPLE CONTACTED FOR THOSE POSI- TIONS AND ALSO URGE THEM TO AT LEAST GET SOME REPRESENTATION FROM A VERY WIDE AREA WHICH AT THE CURRENT TIME, THEY HAVE NONE, AS AN EXAMPLE, FROM CINDERELLA CITY. Councilman Clayton seconded the motion. Councilman Smith stated if there are eligible people who want the position, the Authority should submit a list of names and not just a recommendation list particularly one that has been prior- itized. The reason being is that commissions who appoint their own replacements become a less diversified group and do not get the exposure they need from other areas. Fred Kaufman, president of the Englewood Downtown Develop- ment Authority, appeared before Council and stated the Authority had submitted names from which Council could still choose whomever ~hey wanted to fill the vacancy. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. • I • ( • • • - July 16, 1979 Page 21 The Mayor declared the motion carried. * * * * * * Mayor Taylor asked Council to seriously consider the ap- pointment of a Liquor License Hearing Board. Mayor Taylor stated with the lifting of the band of selling liquor at Cinderella City, Council will be belabored with liquor applications hearings which could be very time consuming. In response to Councilman Harper's question, City Attorney Berardini stated the board could be created by ordinance. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPOINT COUNCILMAN DONALD HARPER TO FILL THE VACANCY ON THE DENVER REGIONAL COUNCIL OF GOVERN- MENTS LEFT BY THE RESIGNATION OF DONALD WEBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Councilman Smith stated it has been brought to his attention some citizens are worried that the earnings of any one who applies for reimbursement for frozen water lines might be published in the paper or might be made public in some way. Mr. Smith reco11UTiended that the City should publicize that the applicant's earnings are not for publication or public record. Mr. Smith stated the rei.mbursement amounts are public record but their earnings should not be publicized. Mr. Smith re- quested the notice be published before the end of the month. quest. There was no objection to Councilman Smith's re- * * * * * * Councilman Smith asked Council to pay particular attention to the revenue sharing program which is under attack and expires in 1980. Mr. Smith urged Council to take a position • I • • July 16 , 1979 Page 22 • • • to support the program in conjunction with the Colorado Municipal League. Mr. Smith stated the City receives approximately $700,000 a year i n revenue sharing funds. Mayor Taylor stated people should write to their congress- men and senators to encourage the continuation of revenue sharing funds. Mayor Taylor stated it is important that revenue sharing continue with the climate of the economy shaping up as it is. If if the City lost $700,000 from revenue sharing funds, it would have to dip into the General and Public Improvement Funds. * * * * * * Councilman Smith referred to the Englewood Downtown De- velopment Authority minutes of June 29, 1979. Mr. Smith noted there was nothing about a development of basic guidelines for the downtown area prior to contacting developers. Mr. Smith stated he would like to see basic guidelines developed before short- range, medium-range, or long-range plans are discussed. * * * * * * City Manager Mccown reported the water main repairs have been made and the plant is operating. Mr. Mccown stated the Police Chief and the Director of Public Works suggest the operation be monitored until midnight before announcing that businesses can be opened tomorrow. Mr. Mccown stated irrigation will still be re-stricted until Wednesday. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10:58 p.m. • 0 I • - c • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORAIX> July 16, 1979 I cL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the me eting to order. The invocation was given Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. Mayor Taylor stated Councilman Mann would not be able to attend the meeting. Mr. Mann received a call during study ses- sion that a member of his family was seriously ill. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Council commended Boy Scout Troop 192 for giving the Pledge of Allegiance and requested the scouts to re-enter the meeting and introduce themselves. The scouts wer e : David Turner Mike Evans Larry Walsh Doug Walsh * * * * * * City Manager Mccown gave a status report on the water main breakage at the Allen Water Treatment Plant. Mr. Mccown • I • • • July 16, 1979 Page 2 • • • stated the crews are hopeful they will be successful in repair- ing the breakage and plan to start pumping water in three hours. Mr. Mccown stated the water supply was down to less than one day's supply and asked that residents not water their yards for the next day in order to refill the supply and regain pressure and fire fighting capabilities. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1979, AS SUBMITTED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor . None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda was not present. Mr. Charl e s Vale of Camp, Dresser & McKee appeared on his behalf to discuss the water transmission main project under the Capital Improve ment Program and the attendant problems in routing the main under the bridge which carries U.S. 285 across Little Dry Cre e k. Mr. Vale stated the State Department has reversed their decision to approve the route and has offered an alternate route, Mr. Vale stated the contractor has offered to do the alternate alignme nt procedure at no additional costs except for those unit c o sts established in his contract. Mr. Vale stated if the al- t e rn at e route is approved, an easement would have to be obtained on pr i vate property between South Grant and South Lincoln Street; t h e pr i ce could b e negotiated. Mr. Vale stated although the change order would increase the contract price by $10,000 to ~20,000 ; pre- sen t a nd futur e risks of damaging U. S. 285 bridge over Little Dry Cre ek would be avoided. COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY STAFF TO NEGOTIATE THE WATER LINE EASEMENT AND ORDER THE CITY ATTORNEY TO PREPARE THE RESOLUTION SO STATING BASED ON THE MEMO FROM MR. FONDA TO ANDY MCCOWN DATED JULY 12, 1979. Councilman Clayton seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Harper, Clayton, Williams, Smith, Taylor, I • • - ( ( • • • • July 16, 1979 Page 3 Nays : None. Absent: Council Member Ma.nn. The Mayor declared the motion carried. Mr. Vale discussed the award of bid for the elevated water tank to Chicago Bridge & Iron Company. Council could chose either the multi-column tank or the single pedestal. Mr. Vale discussed the features and maintenance requirements unique to each design. City Manager Mccown acknowledged that staff had recom-~ended the single pedestal tank; one reason being it supposedly had the lower maintenance costs. Mr. Mccown pointed out the single column tank was $62,000 more than the multi-column tank and ques- tioned the length of time in which the difference would be recouped in maintenance costs. In response to Councilman Clayton's question, Mr. Vale stated there was no difference between the tanks in regard to re- liability. Mr. Vale stated the weight of the steel and the cost of welding and erection were the cost differences. Mayor Taylor stated Council must take into consideration everything done thus far on the water improvement program has gone over bid and more money is being spent that what was anticipated. Mayor Taylor urged the acceptance of the low bid for the construc-tion of the multi-column tank. AWARD TANK. roll, COUNCILMAN SMITH MOVED TO ACCEPT THE FOR THE WELDED ELEVATED STEEL TANK WHICH Councilman Harper seconded the motion. the vote resulted as follows: RECOMMENDATION FOR IS THE FOUR-PEDESTAL Upon a call of the Ayes: Council Members Harper, Clayton , Williams, Sm ith, Taylor. Nays: None. Absent : Counc il Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor conunen ted on the new court/council facilities in which this meeting was being conducted. Mayor Taylor stated de- dication ceremonies would be held in the near future. * * * * * * • I • • July 16, 1979 Page 4 • • • Mr. Ted Mann, 30822 Middleton Road, Evergreen, and Mr. Terry Schmidt, 6931 South Spotswood, Littleton, were present. Mr. Mann is President and Mr. Schmidt is Chairman of the Community Arts Symphony. Mrs. Elaine Good who also was scheduled to appear before Council was not present. Mr. Mann and Mr. Schmidt requested a public hearing date be set regarding their application for a special events permit for beer, wine and liquor for a symphony they are sponsoring on August 25, 1979 in Cinderella City. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR AUGUST 6, 1979, TO APPEAR ON THE REGULAR AGENDA. Council- ~an Harper seconded the motion. Councilman Clayton questioned whether or not the appli- cation was in order since it was marked for the purposes of sell- ing beer, wine and liquor. The applicant only wanted to sell beer and wine. City Attorney Berardini stated under a special events per- mit application, there are only two categories for which the appli- cant can apply. The only type of category applicable was the one marked for beer, wine and liquor and was checked marked in accor-dance with their purpose. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Robert Mcintyre, owner of Old Town Liquors, 325 East Jefferson Avenue, was not present. * * * * * * Mr. Rodney Utz, and Mr. Robert W. Turner (attorney for Mr. William Gilmore) appeared before Council concerning a re-~~est for a 3.2 beer license renewal for The John, 90 West Belle- view. Mr. Utz and Mr. Gilmore are the owners of The John. Their appearance was in response to Council's request for further in- vestigation into possible license violations over the past year at their establishment. • I • ) c • July 16, 1979 Page 5 • • - City Attorney Berardini stated he had given the Council an oral report preceding the Council meeting concerning possible charges and referred the decision of whether or not to make formal charges against the owners and call for a hearing regarding rev- ocation or suspension of the license to Council. COUNCILMAN SMITH MOVED TO GRANT THE RENEWAL OF THE LICENSE. Councilman Harper seconded the motion. Councilman Smith stated there have been numerous reports filed in regards to the license and it should be pointed out that a liquor license is a privilege not a right. Mr. Smith stated there were grounds for watching this establishment closely and sugg·ested that the owners take steps in getting better management. Mr. Smith stated he understood lately there has been more cooperation with the current management and under these improved circumstances he felt Council could grant renewal. Mr. Turner stated the current manager was present at the meeting and would oblige the Council in answering any ques- tions. Mr. Turner stated Mr. Utz has talked with the Police Chief and advised the Chief he will do everything possible in improving the operation of The John. Councilman Clayton stated Council will back up the Police Department and he expected the laws and regulations to be obeyed. Upon a call of the roll, the vote on Councilman Smith's motion to grant the license renewal resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) Minutes of the Board of Career Service Com- missioners meeting of May 17, 1979. Minutes of the Englewood Public Library Board meeting of June 12, 1979. • I • • • July 16, 1979 Page 6 (c) (d) • • • Minutes of the Animal Control Committee meeting of July 9, 1979. Municipal Court Activity Report for the month of June, 1979. * * * * * * City Manager Mccown presented request for a renewal of a hotel/restaurant liquor license for the Ground Round Restaurant, 5180 South Broadway. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this establish-ment during the past year. Mr. McCown also presented a request for a 3.2 beer license renewal for Bob's Grocery, 3296 South Washington Street. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this outlet during the past year. COUNCILMAN HARPER MOVED TO GRANT THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR A 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASHING- TON STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • ( • July 16, 1979 Page 7 • • - Assistant City Manager Curnes presented a memorandum from Acting Director of Connnunity Development Dorothy Romans con- cerning an encroachment request from Mr. Loren Fletcher, 705 West Dartmouth Avenue. Mr. Curnes stated Mr. Fletcher was under contract for the property at 705 West Dartmouth Avenue which was formerly a broom factory. Mr. Fletcher wants to convert the building into an office, shop and warehouse facility has determined it will be necessary to construct steps within the right-of-way in order to utilize the east entrance. This matter has been referred to the relevant City departments and there was no objection to either the continued encroachment of the building or to the encroachment of the proposed steps. COUNCILMAN SMITH MOVED TO APPROVE THE ENCROACHMENT RE- QUEST AT 705 WEST DARTMOUTH AVENUE AS OUTLINED IN THE MEMO OF JULY 12, 1979, FROM DOROTHY ROMANS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from C. Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor request- ing funds to transport 12 members of the Englewood Law Enforce- ment Exploring Post of Englewood to attend a conference in East Lansing, Michigan. Mr. McCown asked Chief of Police Robert Holmes to appear before Council and discuss this request. Chief Holmes introduced Mr. James Dalberg, 2901 W. 19th, Denver, District Executive for the Boy Scouts of America. Chief Holmes stated Mr. Dalberg was appearing on behalf of Mr. Keith. Mr. Dalberg explained his job responsibilities as Dis- trict Executive and the purpose of the Explorer Program, a division of the Boy Scouts. Mr. Dalberg stated the Englewood Police Depart- ment has had an Explorer Program for the last four years. Ten mem- vers of the program who wish to take part in a conference in Michi- gan, July 24-28, 1979, are requesting a donation to help pay trans- ?Ortation costs. Mr. Dalberg stated the members have already raised ~l,500 to pay for conference fees. • I • • July 16, 197 9 Page 8 ,. • • - In respons e to Councilman Smith's question, Mr. Dalberg state d th e re were originally 12 members ; however, one has decided no t to g o and th e other one is Mike Wood who is having his way paid by the Un i ted States Secret Service. Mr. Dalberg stated the airfare i s $1 8 2.00 per person round trip. In response to Councilman Harper's questions, Mr. Dalberg stated he did not know if the conference would be continued next year. Also, a member usually stays in the program from the age of 14 to 21. Mr. Da lb erg s ta ted there were other explorer groups under di f ferent vocations som e of which are located at the Swedish Medi c al Center. In response to Councilman Clayton's question, Mr. Dalberg stated this was the only explorer group in Englewood going because it under the law enforcement program. Chief Holmes explained the members are volunteers who perform security duties at special events, such as parades, con- certs, and holiday celebrations in the City throughout the year. Chie f Holm e s stated the members donate their labor. Chief Holmes asked if Council could not provide assistance for airfare, would they be wi l ling to assist in defraying the costs for gas and meals if Captain Fra iz er, himself, and two other officers were to drive the members in a camper/trailer to the conference. COUNCILMAN SMITH MOVED TO APPROVE $1,820 FOR THE ENGLE- WOOD LAW ENFORCEMENT EXPLORING POST TO GO TO THE EXPLORER CONFERENCE TO BE HELD AT MICHIGAN STATE UNIVERSITY, JULY 24 -28, 1979. Coun-cilman Clayton seconded the motion. Councilman Smith stated he was impressed with Chief Holmes's report on the explorer post and felt the group was worth more than what they were asking. Mr. Smith stated he would be in favor of supporting them and providing money to send them to the conference, based on the group's contribution to the City. Councilman Cl ayton stated he agreed with Councilman Smith ; howeve r , he tend e d to be more conservative. Mr. Clayton asked Ch ie f Holmes if i t was a r e ali stic poss i bility that he and Captain Fra i zer dr i ve t he group b a ck i n the c a mper/tra i ler; and how much would i t cost. Capta i n Fra i zer appeared befor e Council and stated the cos t s would be approx i mately $900. Counc i lman Harper spok e a gainst the motion. Mr. Harper stated Council will soon have to consider policy decisions relat- ing to requests coming from various groups. Mr. Harper stated he acknowledged this group as many other groups provide a fine ser- vice for the City and are worthy of the commun i ty. Mr. Harper • D I • ( • July 16, 1979 Page 9 • • • stated he felt Council could not take on all responsibilities for supporting this type of activity, Captain Frazier stated this particular explorer post has been an exemplary one, singled out by the Denver Area Council of Boy Scouts in the area of law enforcement, law, retail mer- chandising, and aviation. This particular post exceeded in abilities and performance above all other law enforcement ex- plorer posts in that group in addition to the other fields of endeavor; and has been viewed by other agencies who are planning to sponsor posts. COUNCILMAN CLAYTON MOVED TO AMEND COUNCILMAN SMITH'S MOTION TO ALLOT $1,250.00. Motion died for lack of a second, Councilman Smith stated he agreed with Councilman Harper that policy decisions have to be made; but he also thought requests have to be considered based on their merit. Upon a call of the roll, the vote on Councilman Smith's motion to contribute $1,820.00 to the Explorer Post for trans- portation costs to a conference resulted as follows: Ayes: Council Members Smith, Clayton, Taylor, Nays: Council Members Harper, Williams. Absent: Council Member Mann. The Mayor declared the motion carried, * * * * * * Mayor Taylor declared a recess at 9 :00 p.m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present, * * * * * * Mayor Taylor announced the water repairs have been made and water would be turned on innnediately. * * * * * * • I • • • J uly 16, 1979 Pa g e 10 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7 -7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR AUGUST 13, 1979, AT 7:00 P .M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None . Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIE S OF 1979 -- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOV EMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. City Attorney Berardini stated the bill reduces the age requirement from 25 to 21 ; and the residency requirement from three years to one y ear immediately prior the election to be qualified to a member of the Englewood City Council. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 31 ON FIRST READING. Coun ci lman Williams seconded the motion • • D I • • - ( • July 16, 1979 Page 11 • • - In response to Councilman Harper's question, City Attorney Berardini stated the bill would bring the Charter in conformity with state law and case law in Colorado. Councilman Smith stated state law recites the age require- ment to be 18 and the residency requirement to 32 days; however, Englewood is a home rule city has the right to modify the require-ments. Upon a call of the roll, the vote to pass Council Bill No. 31 on first reading resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Memb er Mann. The Mayor declared the motion carried. * * * * * * • I • • - • July 16, 1979 Page 12 ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION --THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX-PAYING ELECTORS --THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMIS- SION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33 ON FIRST READING. Councilman Smith seconded the motion, Council discussed the age and residency requirements to be a qualified elector. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT 18 YEARS OF AGE BE CHANGED TO 21 YEARS OF AGE. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Clayton. Nays: Council Members Williams, Smith, Harper, Taylor. Absent: Council Member Mann. The Mayor declared the motion defeated. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY DELET- ING THE FOLLOWING FROM THE TITLE OF THE BILL "THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMISSION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Membe rs Clayton, Smith, Taylor. Council Members Harper, Williams. • D I • ( • July 16, 1979 Page 13 Absent: • • • Council Member Mann. The Mayor declared the motion carried. City Attorney Berardini stated the abov e amend ment re- verts the residency requirement to what it was before, i.e. re- quiring a member of the Planning and Zoning Corranission to be a resident of the City for at least one year prior to the date of the appointment. Upon a call of the roll, the vote on the origina l motion resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 ~~ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS --THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34 ON FIRST READING WITH THE FOLLOWING AMENDMENT -THAT THE LAST LINE OF THE TITLE "THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINTMENT" BE DELETED. Councilman Clayton seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. • I • • • July 16, 1979 Page 14 Absent : • • - Counci l Member Mann. Th e Mayor declared t he motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTH ORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUC ED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35 ON FIRST READING WITH THE FOLLOWING AMENDMENT BE ADDED -"THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO AP- POINTMENT". Councilman Clayton seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ADD- ING THAT THE BOARD SHALL CONSIST OF THE MAYOR AND EIGHT MEMBERS APPOINTED BY COUNCIL. Councilman Smith seconded the motion. Councilman Clayton stated there is a need for a coun- cilman to be a member of the Board because important water issues affecting the City are referred to this agency. Councilman Smith stated it should not make any difference whether the designated councilmember is the Mayor or another coun- cilman. Mr. Smith stated he did not understand why a councilmember needed be appointed to the Board because all issues that go before the Board are sent to Council anyway; and Council is the ultimate body that makes the final decision. Mr. Smith stated the proposed bill does not legislate that a Mayor or Councilman can not be a member of the Board; it only says they do not have to be by law. Mayor Taylor stated the purpose of the amendments was to remove elected officials that these commissions and boards have to report to. Mayor Taylor stated at present councilmembers are reporting to themselves. • I • - c • July 16, 1979 Page 15 • • • Councilman Clayton stated appointments to the Water and Sewer Board are important and stressed the need for the ap- pointment of at least one active councilmember to the board as a liaison. Upon a call of the roll, the vote on Councilman Clayton's amendment resulted as follows: Ayes: Nays: Absent: Council Member Clayton. Council Members Harper, Williams, Smith, Taylor. Council Member Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion by Councilman Smith resulted as follows: Ayes: Council Members Harper, Smith, Taylor. Nays: Council Members Clayton, Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini referred to Council Bill No. 33 relating to the Planning and Zoning Commission amended to replace the one year residency requirement. Mr. Berardini stated the submission clause in this bill in Section 2 should be changed in the third line from the bottom --a period should be inserted after electors and the rest of the clause striken. City Attorney Berardini stated the same change should be made in Council Bill No. 34, Section 2. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON • I • • July 16, 1979 Page 16 A BILL FOR • • - AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 ON FIRST READING. Councilman Harper seconded the motion. City Manager Mccown discussed the major points in the contracts with the non-emergency employees, the fire fighters association, and the police benefit association. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38 ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Williams, Smith, Taylor. • 0 I • ( ( • July 16, 1979 Page 17 Nays : Absent: • • - None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979.--- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini clarified the question posed earlier by Councilman Clayton concerning the types of license that can be applied for under a special events permit. * * * * * * City Attorney Berardini requested Council's approval to authorize the same wage increase for members of his staff that was approved for the non-emergency employees effective July 1, 1979. COUNCILMAN WILLIAMS MOVED TO INCREASE THE SALARIES OF THE CITY ATTORNEY'S OFFICE BY THE SAME DEGREE AS THAT GIVEN TO • ., I • • July 16, 1979 Pa g e 18 • • • OTHER NON-EMERGENCY EMPLOYEES AND EFFECTIVE JULY 1, 1979. Coun- c i lman Clayton second e d the motion. Upon a call of the roll, the v ote resulted as follows: Ayes : Nays : Absent: Councilman Haprer, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown transmitted for information purposes, a memorandum from the Director of Public Works to the City Manager in reply to a grade problem in the alley in the 4400 block of South Pearl and South Washington. The matter involved Reverend W. W. Brandt and the grade in the alley adjacent to his property. City Manager Mccown stated the City Engineer, Public Works Director, and D the Surveyor viewed the problem and decided to modify the alley behind Mr. Brandt's property to allow proper sloping to his parking area as well as proper water drainage. Mr. Mccown stated Reverend Brandt has indicated he was satisified with the outcome. * * * * * * City Manager Mccown presented the Six-Quarter Budget for the period of July, 1979, to December, 1980, and discussed the recormnended changes to be made to the budget. Mr. Mccown stated the changes total $156,000 in 1979 and the City presently has funds in the amount of $114,500. In order to fund all the approved projects and in particular the purchase of land south of the Malley Center for parking, one of the following projects that is currently in the six-quarter budget for 1979 would have to be amended by a reduction of $41,500 : Li tt le Dry Creek Cl a rkson Street Centennial Park RESOLUTION NO. 28 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO APPROVE THE SIX-QUARTER BUDGET ) AS SUBMITTED IN CITY MANAGER MCCOWN'S MEMO OF JULY 12, 1979, APPRO- • I • • ( • July 16, 1979 Page 19 • • • PRIATING THE $41,500 DEFICIT FROM LITTLE DRY CREEK FUNDS AND TO PASS RESOLUTION NO. 28, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29, 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, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated he received a letter from Mr. Martin Howard Herzog, the new owner of the Ambrose property which includes the Park & Shop parking lot and several build- ings fronting Broadway. Mr. Herzog has asked that the lease on the City-owned lot, commonly called the Park & Shop parking lot, be extended. Mr. Mccown stated by Charter the City is limited to a 20-year lease and the this one made three years ago; therefore, it currently has 17 years to go. Mr. Herzog has requested that Council add another three years to it giving him a total of 20 years. Councilman Smith stated based on the fact that within the last few months, Council has initiated the Downtown Develop- ment Authority and without having a specific recommendation from them, he did not think the lease should be extended • • I • • ....... • • July 16, 1979 Pa ge 20 . . • • • COUNCILMAN SMITH MOVED TO SEND A LETT ER TO MR . HER ZOG I N- DICATING TO HIM THAT UNTIL FUTURE STUDIES FROM THE ENGLE WOOD DOWN- TOWN DEVELOPMENT AUTHORITY AND RECOMMENDATIONS BY CIT Y COUNCIL AND THE PLANNING AND ZONING COMMISSION ARE RECEIVED, THAT THE LEASE NOT BE EXTENDED AT THIS TIME. Councilman Harper seco nd ed the motion. Upon a call of the roll, the vote resulted as fol l ow s: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPOINT LARRY STONE AS PER RECOMMENDATION FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO FILL THE VACANCY ON THE AUTHORITY AND IN ADDITION TO THE APPOINT- MENT THAT COUNCIL SEND A LETTER TO THE AUTHORITY SUGGESTING THAT D IN THE FUTURE AS OPPOSED TO SENDING A FIRST AND SECOND CHOICE THAT COUNCIL RECEIVES A LIST OF ELIGIBLE PEOPLE CONTACTED FOR THOSE POSI- TIONS AND ALSO URGE THEM TO AT LEAST GET SOME REPRESENTATION FROM A VERY WIDE AREA WHICH AT THE CURRENT TIME, THEY HAVE NONE, AS AN EXAMPLE, FROM CINDERELLA CITY. Councilman Clayton seconded the motion. Councilman Smith stated if there are eligible people who want the position, the Authority should submit a list of names and not just a recommendation list particularly one that has been prior- itized. The reason being is that commissions who appoint their own replacements become a less diversified group and do not get the exposure they ne e d from other areas. Fred Kaufman, president of the Englewood Downtown Develop- ment Authority, appeared before Council and stated the Authority had submitted n a mes from which Council could still choose whomever they wanted to f ill the vacancy. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. • I • ( • • • - July 16, 1979 Pa g e 2 1 The Mayor declared the motion carried. * * * * * * Mayor Taylor asked Council to seriously consider the ap- pointment of a Liquor License Hearing Board. Mayor Taylor stated with the lifting of the band of selling liquor at Cinderella City, Council will be belabored with liquor applications hearings which could be very time consuming. In response to Councilman Harper's question, City Attorney Berardini stated the board could be created by ordinance. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPOINT COUNCILMAN DONALD HARPER TO FILL THE VACANCY ON THE DENVER REGIONAL COUNCIL OF GOVERN- MENTS LEFT BY THE RESIGNATION OF DONALD WEBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Councilman Smith stated it has been brought to his attention some citizens are worried that the earnings of any one who applies for reimbursement for frozen water lines might be published in the paper or might be made · public in some way. Mr. Smith recommended that the City should publicize that the applicant's earnings are not for publication or public record. Mr. Smith stated the rei.mbursement amounts are public record but their earnings should not be publicized. Mr. Smith re- quested the notice be published before the end of the month. quest. There was no objection to Counc i lman Smith's re- * * * * * * Councilman Smith asked Council to pay particular attention to the revenue sharing program which is under attack and expires in 1980. Mr. Smith urged Council to take a position • I • • J uly 16 , 1 979 Page 22 • • • to support the program in conj unct i on with the Colorado Mun i cipal League. Mr. Smith stated the City receives approx imately $700,000 a year i n revenu e s har i ng funds. Mayor Taylor stated people should write to their congress- men and senators to encourage the continuation of revenue sharing funds. Mayor Taylor stated it is important that revenue sharing continue with the climate of the economy shaping up as it is. If if the Ci ty lost $700,000 from revenue .sharing funds, it would have to dip i n t o the General and Public Improvem e nt Funds. * * * * * * Counc ilman Smith referred to the Englewood Downtown De- velopment Author i ty minutes of June 29, 1979. Mr. Smith noted there was noth i ng about a development of basic guidelines for the downtown area prior to contacting developers. Mr. Smith stated he would like to se e basic guidelines developed before short- range, med i um-range, or long-range plans are discussed. * * * * * * City Manager McCown reported the water main repairs have been made and the plant is operating. Mr. Mccown stated the Police Chief and the Director of Public Works suggest the operation be monitored until midnight before announcing that businesses can be opened tomorrow. Mr. Mccown stated irrigation will still be re-stricted until Wednesday. * * * * * * Th e r e was no further business to be discussed. * * * * * * COUN CILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor ad j ourne d t he meeting without a vote at 10 :58 p.m. r~~ eputy city crer • 0 I • • ) ( • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Ju ly 16, 1979 I tL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. Mayor Taylor stated Councilman Mann would not be able to attend the meeting. Mr. Mann received a call during study ses- sion that a member of his family was seriously ill. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Council commended Boy Scout Troop #92 for giving the Pledge of Allegiance and requested the scouts to re-enter the meeting and introduce th.emselves. The scouts were: David Turner Mike Evans Larry Walsh Doug Walsh * * * * * * City Manager Mccown gave a status report on the water main breakage at the Allen Water Treatment Plant. Mr. Mccown • I • • July 16, 1979 Page 2 • • - stated th e crews are hopeful they will b e successful in repair- i ng the bre akage and plan to start pumping water in three hours. Mr. McCown stated the water supply was down to less than one da y 's supply and asked that residents not water their yards for the next day in order to refill the supply and regain pressure and fire fighting capabilities . * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1979, AS SUBMITTED . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None . Council Member Mann. The Mayor declared the motion carried . * * * * * * Director of Utilities Stu Fonda was not present . Mr . Charles Vale of Camp, Dresser & McKee appeared on his behalf to discuss the water transmission main project under the Capital Improvement Program and the attendant problems in routing the main under the bridge which carries U.S. 285 across Little Dry Creek . Mr. Vale stated the State Department has reversed their decision to approve the route and has offered an alternate route. Mr. Vale stated the contractor has offered to do the alternate alignment procedure at no additional costs except for those unit costs established in his contract. Mr. Vale stated if the al- ternate route is approved, an easement would have to be obtained on private property between South Grant and South Lincoln Street; the pr ice could be negotiated. Mr. Vale stated although the change order would increase the contract price by $10,000 to ~20,000; pre- sent and future risks of damaging U. S. 285 bridge over Little Dry Creek would be avoided. COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY STAFF TO NEGOTIATE THE WATER LINE EASEMENT AND ORDER THE CITY ATTORNEY TO PREPARE THE RESOLUTION SO STATING BASED ON THE MEMO FR OM MR . FONDA TO ANDY MCCOWN DATED JULY 12, 1979 . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. • I • ( • • • • July 16, 1979 Page 3 Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. Mr. Vale discussed the award of bid for the elevated water tank to Chicago Bridge & Iron Company. Council could chose either the multi-column tank or the single pedestal. Mr. Vale discussed the features and maintenance requirements unique to each design. City Manager Mccown acknowledged that staff had recom- -ended the single pedestal tank; one reason being it supposedly had the lower maintenance costs. Mr. Mccown pointed out the single column tank was $62,000 more than the multi-column tank and ques- tioned the length of time in which the difference would be recouped in maintenance costs. In response to Councilman Clayton's question, Mr. Vale stated there was no difference between the tanks in regard to re- liability. Mr. Vale stated the weight of the steel and the cost of welding and erection were the cost differences. Mayor Taylor stated Council must take into consideration everything done thus far on the water improvement program has gone over bid and more money is being spent that what was anticipated. Mayor Taylor urged the acceptance of the low bid for the construc-tion of the multi-column tank. AWARD TANK. roll, COUNCILMAN SMITH MOVED TO ACCEPT THE FOR THE WELDED ELEVATED STEEL TANK WHICH Councilman Harper seconded the motion. the vote resulted as follows: RECOMMENDATION FOR IS THE FOUR-PEDESTAL Upon a call of the Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. Nays : None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor commented on the new court/council facilities in which this meet i ng was being conducted. Mayor Taylor stated de- dication ceremonies would be held in the near future. * * * * * * • I • • July 16, 1979 Page 4 • • • Mr. Ted Mann, 30822 Middleton Road, Evergreen, and Mr. Terry Schmidt, 6931 South Spotswood, Littleton, were present. Mr. Mann is President and Mr. Schmidt is Chairman of the Communi ty Arts Sympho n y. Mrs . Elaine Good who also was scheduled to appear befor e Council was not present. Mr. Mann and Mr. Schmidt requested a public hearing date be set regarding their application for a sp ecial events permit for beer, wine and liquor for a symphony they are sponsoring on August 25, 1979 in Cinderella City. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR AUGUST 6, 1979, TO APPEAR ON THE REGULAR AGENDA. Council- uoa n Harper seconded the motion . Councilman Clayton questioned whether or not the appli- cation was in order since it was marked for the purposes of sell- ing beer , wine and liquor . The applicant only wanted to sell beer and wine . City Attorney Berardini stated under a special events per- mit application, there are only two categories for which the appli- cant can apply. The only type of category applicable was the one marked for beer, wine and liquor and was checked marked in accor-D dance with their purpose. Upon a call of the r oll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried, * * * * * * Mr. Robert Mcintyre, owner of Old Town Liquors, 325 East Jefferson Avenue, was not present. * * * * * * Mr. Rodn ey Utz, and Mr. Robert W. Turner (attorney for Mr. William Gilmore) appeared before Council concerning a re-~uest for a 3.2 beer license renewal for The John, 90 West Belle- view. Mr. Ut z and Mr. Gilmore are the owners of The John. Their appearance was in response to Council's request for further in- vestigation into possible license violations over the past year at their establishment. • I • v ( • July 16, 1979 Page 5 .. • • • 0 City Attorney Berardini stated he had given the Council an oral report preceding the Council meeting concerning possible charges and referred the decision of whether or not to make formal charges against the owners and call for a hearing regarding rev-ocation or suspension of the license to Council, COUNCILMAN SMITH MOVED TO GRANT THE RENEWAL OF THE LICENSE. Councilman Harper seconded the motion. Councilman Smith stated there have been numerous reports filed in regards to the license and it should be pointed out that a liquor license is a privilege not a right. Mr. Smith stated there were grounds for watching this es tab 1 ishmen t closely and sugg·es ted that the owners take steps in getting better management. Mr. Smith stated he understood lately there has been more cooperation with the current management and under these improved circumstances he felt Council could grant renewal. Mr. Turner stated the current manager was present at the meeting and would oblige the Council in answering any ques- tions. Mr. Turner stated Mr. Utz has talked with the Police Chief and advised the Chief he will do everything possible in improving the operation of The John. Councilman Clayton stated Council will back up the Police Department and he expected the laws and regulations to be obeyed. Upon a call of the roll, the vote on Councilman Smith's motion to grant the license renewal resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor, None. Council Member Mann. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) Minutes of the Board of Career Service Com- missioners meeting of May 17, 1979. Minutes of the Englewood Public Library Board meeting of June 12, 1979 • • I • • • J u ly 16, 1979 Pa ge 6 (c) (d) • • • Minutes of the Animal Contro l Committee meeting of July 9, 1 979. Municipal Court Activity Report for the month of June, 1979. * * * * * * City Manager Mccown presented request for a renewal of a hotel/restaurant liquor license for the Ground Round Restaurant, 5180 South Broadway. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this establish-ment during the past year. Mr. Mccown also presented a request for a 3.2 beer license renewal for Bob's Grocery, 3296 South Washington Street. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this outlet during the past year. COUNCILMAN HARPER MOVED TO GRANT THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Counc i l Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR A 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASH I NG- TON STRE ET . Counc i lman Harper seconded t he mot i on. Upon a call o f t h e ro l l, t he vot e r e s ul ted as follows : Ay es : Na y s : Abs e nt: Coun cil Members Harper, Clayton, Williams, Smith , Taylor. None. Council Member Mann. Th e Mayor declared the mo t ion carr i ed, * * * * * * • D I • ( • July 16, 1979 Page 7 • • - Assistant City Manager Curnes presented a memorandum from Acting Director of Connnunity Development Dorothy Romans con- cerning an encroachment request from Mr. Loren Fletcher, 705 West Dartmouth Avenue. Mr. Curnes stated Mr. Fletcher was under contract for the property at 705 West Dartmouth Avenue which was formerly a broom factory. Mr. Fletcher wants to convert the building into an office, shop and warehouse facility has determined it will be necessary to construct steps within the right-of-way in order to utilize the east entrance. This matter has been referred to the relevant City departments and there was no objection to either the continued encroachment of the building or to the encroachment of the proposed steps. COUNCILMAN SMITH MOVED TO APPROVE THE ENCROACHMENT RE- QUEST AT 705 WEST DARTMOUTH AVENUE AS OUTLINED IN THE MEMO OF JULY 12, 1979, FROM DOROTHY ROMANS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from C. Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor request- ing funds to transport 12 members of the Englewood Law Enforce- ment Exploring Post of Englewood to attend a conference in East Lansing, Michigan. Mr. Mccown asked Chief of Police Robert Holmes to appear before Counc il and discuss this request. Chief Holmes introduced Mr. James Dalberg, 2901 W. 19th, Denver, District Executive for the Boy Scouts of America. Chief Holmes stated Mr. Dalberg was appear ing on behalf of Mr. Keith. Mr. Dalberg ex plained his job responsibilities as Dis- tric t Executive and the purpose of the Explorer Program, a division of the Boy Scouts. Mr. Dalberg stated the Englewood Police Depart- ment has had an Explorer Program for the last four years. Ten mem- uers of the program who wish to take part in a conference in Michi- gan, July 24-28, 1979, are requesting a donation to help pay trans- portation costs. Mr. Dalberg stated the members have already raised $1,500 to pay for conference fees. • I • • July 16, 1979 Page 8 • • • In response to Councilman Smith's question, Mr. Dalberg stat ed there were originally 12 members ; however, one has decided not to go and the other one is Mike Wood who is having his way paid by the United States Secret Service. Mr. Dalberg stated the airfare is $182.00 per person round trip. In response to Councilman Harper's questions, Mr. Dalberg stated he did not know if the conference would be continued next year. Also, a member usually stays in the program from the age of 14 to 21. Mr. Dalberg stated there were other explorer groups under different vocations some of which are located at the Swedish Medical Center. In response to Councilman Clayton's question, Mr. Dalberg stated this was the only explorer group in Englewood going because it under the law enforcement program. Chief Holmes explained the members are volunteers who perform security duties at special events, such as parades, con- certs, and holiday celebrations in the City throughout the year. Chief Holmes stated the members donate their labor. Chief Holmes asked if Council could not provide assistance for airfare, would they be willing to assist in defraying the costs for gas and meals if Captain Fraizer, himself, and two other officers were to drive the members in a camper/trailer to the conference. COUNCILMAN SMITH MOVED TO APPROVE $1,820 FOR THE ENGLE- WOOD LAW ENFORCEMENT EXPL ORING POST TO GO TO THE EXPLORER CONFERENCE TO BE HELD AT MICHIGAN STATE UNIVERSITY, JULY 24 -28, 1979. Coun-cilman Clayton seconded the motion. Councilman Smith stated he was impressed with Chief Holmes's report on the explorer post and felt the group was worth more than what they were asking. Mr. Smith stated he would be in favor of supporting them and providing money to send them to the conference, based on the group's contribution to the City. Councilman Clayton stated he agreed with Councilman Smith; however, he tended to be more conservative. Mr. Clayton asked Chief Holmes if it was a realistic possibility that he and Captain Fraizer drive the group back in the camper/trailer; and how much would it c os t. Captain Fraizer appeared before Council and stated the costs would be approximately $900. Councilman Harper spoke against the motion. Mr. Harpe r stated Coun cil will soon have to consider pol i cy decisions relat- ing to requests coming from v arious groups. Mr. Harper stated he acknowledged this group as many other groups provide a fine ser- vice for the City and are worthy of the community. Mr. Harper • I • • July 16, 1979 Page 9 • • • stated he felt Council could not take on all responsibilities for supporting this type of activity. Captain Frazier stated this particular explorer post has been an exemplary one, singled out by the Denver Area Council of Boy Scouts in the area of law enforcement, law, retail mer- chandising, and aviation. This particular post exceeded in abilities and performance above all other law enforcement ex- plorer posts in that group in addition to the other fields of endeavor; and has been viewed by other agencies who are planning to sponsor posts. COUNCILMAN CLAYTON MOVED TO AMEND COUNCILMAN SMITH'S MOTION TO ALLOT $1,250.00. Motion died for lack of a second. Councilman Smith stated he agreed with Councilman Harper that policy decisions have to be made; but he also thought requests have to be considered based on their merit. Upon a call of the roll, the vote on Councilman Smith's motion to contribute $1,820.00 to the Explorer Post for trans- portation costs to a conference resulted as follows: Ayes : Council Members Smith, Clayton, Taylor. Nays: Council Members Harper, Williams. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:00 p.m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Mayor Taylo r ann ounced the water repairs have been made and water would be turned on immediately. * * * * * * • I • • • July 16, 1979 Page 10 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7 -7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR AUGUST 13, 1979, AT 7 :00 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Ab s en Council Members Harper, Clayton, Williams, Sm ith, Taylor . one . Council mb er Mann. Th Mayor d clar d h mo tion carried . ORDINANCE NO . SERIES OF 1979-- * * * * * BY AUTHO RITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 197 9, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. City Attorney Berardini stated the bill reduces the age requirement from 25 to 21; and the residency requirement from t hr e years to one year immediately prior the election to be qualified to a member of the Englewood City Council. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 31 ON FIRST READING. Councilman Williams seconded the motion • • I • ( • July 16, 1979 Page ll • • • In response to Councilman Harper's question, City Attorney Berardini stated the bill would bring the Charter in conformity with state law and case law in Colorado. Councilman Smith stated state law recites the age require- ment to be 18 and the residency requirement to 32 days; however, Englewood is a home rule city has the right to modify the require-ments. Upon a call of the roll , the vote to pass Council Bill No. 31 on first reading resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LI BRARY BOARD. CO UNCI LMAN CLAYTON MOVED TO PASS COUNCI L BILL NO. 32 ON FIRST READ IN G. Councilm.an Williams seconded the motion. Upon a ca l l o f t he roll , the vote resulted as follows: Ayes : Council Members Harper, Clayton, Williams, Smith, Taylor. Nays : None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • • Ju ly 16, 1979 Pa ge 12 ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION --THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX-PAYING ELECTORS --THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMIS- SION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33 ON FIRST READING. Councilman Smith seconded the motion . Council discussed the age and residency requirements to be a qualified elector. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT 18 YEARS OF AGE BE CHANGED TO 21 YEARS OF AGE. Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes : Council Member Clayton. Nays : Council Members Williams, Smith, Harper, Taylor, Ab sen t: Council Member Mann. Th e Ma yor declared the motion def e ated. COUNC I LMAN CLAYTON MOVED TO AMEND THE MOTION BY DELET- ING TH E FOLLOWING FROM THE TITLE OF THE BILL "THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMISSION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: Nays : Council Members Clayton, Smith, Taylor. Council Members Harper, Williams. • 0 I • • ) ( • July 16, 1979 Page 13 Absent: • • - Council Member Mann. The Mayor declared the motion carried. City Attorney Berardini stated the above amendment re- verts the residency requirement to what it was before, i.e. re- quiring a member of the Planning and Zoning Commission to be a resident of the City for at least one year prior to the date of the appointment. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS : THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS --THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINT-MENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34 ON FIRST READING WITH THE FOLLOWING AMENDMENT -THAT THE LAST LINE OF THE TITLE "THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINTMENT" BE DELETED. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. • I • • • July 16, 1979 Page 14 Absent : • • - Council Member Mann. Th e Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35 ON FIRST READING WITH THE FOLLOWING AMENDMENT BE ADDED -"THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO AP- POINTMENT". Councilman Clayton seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ADD- ING THAT THE BOARD SHALL CONSIST OF THE MAYOR AND EIGHT MEMBERS APPOINTED BY COUNCIL. Councilman Smith seconded the motion. Councilman Clayton stated there is a need for a coun- cilman to be a member of the Board because important water issues affecting the City are referred to this agency. Councilman Smith stated it should not make any differ ence whether the designated councilmember is the Mayor or another coun- cilman . Mr . Smith stated he did not understand why a councilmember needed be appointed to the Board because all issues that go before the Board are sent to Counc il anyway; and Council is the ultimate body that makes the final decision. Mr . Smith stated the proposed bill does not legislate that a Mayor or Counci lman can not be a member of the Board ; it only says they do not have to be by law. Mayor Taylor stated the purpose of the amendments was to remove elec ted officials that these commissi ons and boards have to report to . Mayor Taylor stated at present councilmembers are reporting to themselves. • • D I • • - • July 16, 1979 Page 15 • • • Councilman Clayton stated appointments to t he Water and Sewer Board are important and stressed the ne e d for the ap- pointment of at least one active councilmember to the board as a liaison. Upon a call of the roll, the vote on Councilman Clayton's amendment resulted as follows: Ayes: Nays : Absent: Council Member Clayton. Coun cil Members Harper, Williams, Smith, Taylor. Council Member Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion by Councilman Smith resulted as follows: Ayes: Nays: Absent : Council Members Harper, Smith, Taylor. Council Members Clayton, Williams. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini referred to Council Bill No. 33 r elating to the Planning and Zoning Co1TDT1ission amended to replace the one year residency requirement. Mr. Berardini stated the submission clause in this bill in Section 2 should be changed in the t hird line from the bottom --a period should be in sert ed after electors and the rest of the clause striken. City Attorney Berardini stated the same change should be made in Council Bill No . 34, Section 2 . ORDINANCE NO. SERI ES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON • I • • • July 16, 1979 Pag e 16 A BILL FOR • • - AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 ON FIRST READING. Councilman Harper seconded the motion. City Manager Mccown discussed the major points in the contracts with the non-emergency employees, the fire fighters association, and the police benefit association. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann . The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTR ODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38 ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. • 0 I • n ( • July 16, 1979 Page 17 Nays : Absent : • • • None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini clarified the question posed earlier by Councilman Clayton concerning the types of license that can be applied for under a special events permit. * * * * * * City Attorney Berardini requested Council's approval to authorize the same wage increase for members of his staff that was approved for the non-emergency employees effective July 1, 1979. COUNCILMAN WILLIAMS MOVED TO INCREASE THE SALARIES OF THE CITY ATTORNEY'S OFFICE BY THE SAME DEGREE AS THAT GIVEN TO • I • • J u l y 16, 1979 Page 18 • • • OTHER NON-EMERGENCY EMPLOYEES AND EFFECTIVE JULY 1, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Councilman Haprer, Clayton, Williams, Smith, Taylor. Nays : None. Absent : Council Member Mann. The Mayor declared the motion carried, * * * * * * City Manager Mccown transmitted for information purposes, a memorandum from the Director of Public Works to the City Manager in reply to a grade problem in the alley in the 4400 block of South Pearl and South Washington. The matter involved Reverend W. W. Brandt and the grade in the alley adjacent to his property. City Manager Mccown stated the City Engineer, Public Works Director, and 0 the Surveyor viewed the problem and decided to modify the alley behind Mr. Brandt's property to allow proper sloping to his parking area as well as proper water drainage. Mr. Mccown stated Reverend Brandt has indicated he was satisified with the outcome. * * * * * * City Manager Mccown presented the Six-Quarter Budget for the period of July, 1979, to December, 1980, and discussed the reconunended changes to be made to the budget. Mr. Mccown stated the changes total $156,000 in 1979 and the City presently has funds in the amount of $114,500. In order to fund all the approved projects and in particular the purchase of land south of the Malley Center for parking, one of the following projects that is currently in the six-quarter budget for 1979 would have to be amended by a reduction of $41,500: Lit t le Dry Creek Clarkson Street Centennial Park RESOLUTION NO. 28 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO APPROVE THE SIX-QUARTER BUDGET AS SUBMITTED IN CITY MANAGER MCCOWN'S MEMO OF JULY 12, 1979, APPRO- • I • ( July 16, 1979 Page 19 • • - PRIATING THE $41,500 DEFICIT FROM LITTLE DRY CREEK FUNDS AND TO PASS RESOLUTION NO. 28, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29, 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, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated he received a l e tter from Mr. Martin Howard He r z og, the new owner of the Ambrose property which includes th e Park & Shop parking lot and several bui ld- ings fronting Broadway. Mr. Her z og has asked that the lease on the City-owned lot, cormnonly called the Park & Shop parking lot, be extended. Mr. McCown stated by Charter the City is limited to a 20-year lease and the this one made three years ago ; therefore, it currently has 17 years to go. Mr. Herzog has requested that Council add another three years to it giving him a total of 20 years. Councilman Smith stated based on the fact that within the last few months, Council has initiated the Downtown Develop- ment Authority and without having a specific recommendation from them, he did not think the lease should be extended • • I • • • July 16, 1979 Page 20 • • - COUNCILMAN SMITH MOVED TO SEND A LETTER TO MR. HERZOG IN- DICATING TO HIM THAT UNTIL FUTURE STUDIES FROM THE ENGLEWOOD DOWN- TOWN DEVELOPMENT AUTHORITY AND RECOMMENDATIONS BY CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ARE RECEIVED, THAT THE LEASE NOT BE EXTENDED 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, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPOINT LARRY STONE AS PER RECOMMENDATION FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO FILL THE VACANCY ON THE AUTHORITY AND IN ADDITION TO THE APPOINT- MENT THAT COUNCIL SEND A LETTER TO THE AUTHORITY SUGGESTING THAT 0 IN THE FUTURE AS OPPOSED TO SENDING A FIRST AND SECOND CHOICE THAT COUNCIL RECEIVES A LIST OF ELIGIBLE PEOPLE CONTACTED FOR THOSE POSI- TIONS AND ALSO URGE THEM TO AT LEAST GET SOME REPRESENTATION FROM A VERY WIDE AREA WHICH AT THE CURRENT TIME, THEY HAVE NONE, AS AN EXAMPLE, FROM CINDERELLA CITY. Councilman Clayton seconded the motion. Councilman Smith stated if there are eligible people who want the position, the Authority should submit a list of names and not just a recommendation list particularly one that has been prior- itized. The reason being is that commissions who appoint their own replacements become a less diversified group and do not get the exposure they need from other areas. Fred Kaufman, president of the Englewood Downtown Develop- ment Authority, appeared before Council and stated the Authority had submitted names from wh ich Council could still choose whomever they wanted to fill the vacancy. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann • • 1 I • • • • - July 16, 1979 Page 21 The Mayor declared the motion carried. * * * * * * Mayor Taylor asked Council to seriously consider the ap- pointment of a Liquor License Hearing Board. Mayor Taylor stated with the lifting of the band of selling liquor at Cinderella City, Council will be belabored with liquor applications hearings which could be very time consuming. In response to Councilman Harper's question, City Attorney Berardini stated the board could be created by ordinance. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPOINT COUNCILMAN DONALD HARPER TO FILL THE VACANCY ON THE DENVER REGIONAL COUNCIL OF GOVERN- MENTS LEFT BY THE RESIGNATION OF DONALD WEBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Councilman Smith stated it has been brought to his attention some citizens are worried that the earnings of any one who applies for reimbursement for frozen water lines might be published in the paper or might be made public in some way. Mr. Smith recommended that the City should publicize that the applicant's earnings are not for publication or public record. Mr. Smith stated the reimbursement amounts are public record but their earnings should not be publicized. Mr. Smith re- quested the notice be published before the end of the month. quest. There was no objection to Councilman Smith's re- * * * * * * Councilman Smith asked Council to pay particular attention to the revenue sharing program which is under attack and expires in 1980. Mr. Smith urged Council to take a position • I • • - 0 • July 16, 1979 Page 22 • • • to support the program in conjunction with the Colorado Municipal League. Mr. Smith stated the City receives approximately $700,000 a year in revenue sharing funds. Mayor Taylor stated people should write to their congress- men and senators to encourage the continuation of revenue sharing funds. Mayor Taylor stated it is important that revenue sharing continue with the climate of the economy shaping up as it is. If if the City lost $700,000 from revenue .sharing funds, it would have to dip into the General and Public Improvement Funds. * * * * * * Councilman Smith referred to the Englewood Downtown De- velopment Authority minutes of June 29, 1979. Mr. Smith noted there was nothing about a development of basic guidelines for the downtown area prior to contacting developers. Mr. Smith stated he would like to see basic guidelines developed before short- range, medium-range, or long-range plans are discussed. * * * * * * City Manager Mccown reported the water main repairs have been made and the plant is operating. Mr. Mccown stated the Police Chief and the Director of Public Works suggest the operation be monitored until midnight before announcing that businesses can be opened tomorrow. Mr. Mccown stated irrigation will still be re-stricted until Wednesday. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10:58 p.m. • I • • • • • ROLL CALL H ed S d d ov econ e I Ye av s a n sen Williams A N Ab t f Ab t WPh<>r :imnr. H aro~ Clayton Mann _i l"iayor Ta y_)!-U • • I . • • - • • ROLL CALL Hoved Seconded Ave Nay Abstain Absent 14i 11 i ams ,,,.,.. ~ ::.mn n ,__ Harn .~tJ-J....---Clavton J,--- Mann L ~ Mayor Ta y_'EU J..-- • • I • • • • • - • • ROLL CA LL Moved s d econ ed Ave I Williams -Nav Abs ta f n Absent I w~o.....,r :i mnn . f.l a rn1rr.._ "'r'" Cla vton Mann 1 Mayorra~ • • I . • • • - • • ROLL CALL "' ed s d d OY econ e l)'e av sta n sen William~ L-- A N Ab Ab t ...,.._, -"" _;imnn ....... ~ Haroer ...t--t-Clavton 1--Mann i v--l'iayor ia5'.:'.EU V /a_ • I • • • - \..._ . • • • ROL L CALL Moved Seconde d Williams Aye Nav Abs ta fn Absent w ~'--- :-mar. Harn~~ Clavton Mann I Mayor la ;'..'EU ~a.. 1~~ ~ !) ~ ~ ~ .. /!1c_(~ -~~ . -~~=~. ~~~rv4 ~ ~~~;r~~ --~~ ~~,·~faa_ ~~ • I . • - • • ROLL CALL Moved Seconded A N 1Ye av Abstafn Absent Will 1ams ,_ ........__ ~ smnn ,,,,_. Haroer U, /,,--... Clav .ton 1 /,,-- Mann I v-Mayor Ta;.0_9 r v • I . • • • • ROLL CALL Moved Second d e Ave Nav Willl"a m ~ Abstain Absent ..1.i....1...- Smn n Harn ~tl- Clavton Ma nn I Mayor T~°Y.:E U I . • • • ROLL CALL Hoved Sec d d on e Ave Williams --Nav Ab stain Absent --_._._.____ ~ i;:::::: Sm1t n ,__ Harn_e.r_~ ,...._ Clavton ,_ Mann I 1"ayor Tai0 r.!:._l t.--I I • • • • • • • ROLL CALL Hoved Seconded A N 1ye av Abstain Absent Wi 11 i ams ::.m1 v 1 Harner_ 'I- Clavton Mann I M ayorTal_'~r I c: b. I . . • • • - • • ~OLL CALL Moved Second d e Ave William$ Nav Abstafn Absent /,.,--::.mitn , ___ Harnf:.I_~ ,,,... '--Clavton I-- Mann l Mayor la~c r ,,_-v-- - • I . . • • • • ROLL CALL H ed S d d A ov econ e I Ye ay sta n sen Will 1a ms N Ab Ab t IJohor ::.mnn HarnPr .J.- Clavton Mann I Mayor Ta y~.E U I • • • • n • • • ROLL CALL M ed S d d A OY econ e we av sta n sen Wi 11 iams N Ab Ab t w ......... :imltn H:o.ro~cf-" Clavton Mann MayclrTal_'_9 r I . • • • • • ROLL CALL Seconded A.J..e a..l'. Moved Williams N Abstain Absent """"" ..Jc::::.._ _;im1 u 1 -11a...ai~_'t:: Cl aj'.1;Q!} Mann J r;ayor Ta r_'EU I . • • - • • ROLL CALL Moved Seconded Ave Nav Abstafn Absent Wi 11 iams I-- ~ ::.m1t11 ,..,.... H<1 roer 'I--,...- Clavton J.- Mann l--Mayor Ta y_,.E U c--- • I . • • • • • ROLL CALL H ed S d d A Ab Ab t OY econ e \Ye Nav Sta n sen Wi 11 illms WAh,,.r :imffo Haroer .,... Clavton Mann I May~_Er I . . • • • - • • ROLL CALL Ho ed S d d A N Ab t 1 v econ e 1ye av s a n sen Williams Ab t Woho~ :im1t11 Haro!tl:._ ~ Clayton Mann i Mayor~I-r I I • • • • • • • • ROLL CA LL M d S d d A N Ab t 1 Ab t ove econ e \Ve av s a n sen Wi 11 1 am s ,_ ~ sm 1t n --//' Haro~ -v--Clayton y Ma nn 1 I~ Mayor T a y~_E r I V' I • • • • - • • ROLL CALL M ed S d d A Ab Ab ov econ e \Ve Nav sta n sent Will 1a ms &-- u....i...- :im1tn ,,,,..-- ~ Haroer L ~ v Clavton-,,,__ Mann I ~~ Mayor T~y_'Er L/'" • I • • • • - • • ROLL CALL Moved s T econded Will 1ams Ave Nav Abstain Absent w~1...,., Sm1tr. u'lrn~~ --- Clavton . -Mann -V.ayor Ta y~ _ _9r • I . • - • • - ROLL CALL Moved Seconded Wi 11 iams Ave Nav Abstain Absent ,,_ &.-::im1t n ·-c.--u'lraPr .L.:. '-Clavton ' I - Mann Mayor Tay_l_9 r I - ~ • I . • • • - • • - ROLL CALL Moved S d d econ e Ave Nav Abstain Absent Williams ..,_ .. __ Sm 1t r. Harn<>r ..J.- Clavton -, Mann I Mayo7Ta3'.:.E c.J_ • - • • ROLL CALL Ab t in Absent Na..r. s a - Seconded A1e Moved Williams_ Jieller: . ,,m~n - -~~ Cla...l.ton Mann l ~ayor T~y_1I-U • I . • • • - • • ROLL CAL L Moved s d d econ e Ave W i lliam~ Nav Abstain Absent Woho ,.. £--::.man ~ Harn ~f-: Cl avton Mann I Mayor 1ar:.9U I . • • • • • - ROLL CA LL Mo d S d d ve econ e 1y e a_..ll sta n sen Wi1 Hams A N Ab 1 Ab t _Webi>r :imn 11 Hqro .~ Cla_yton Mann 1 _l'.'.ayor T~l.' ~r J I . • - • • • • ----~ --------- RO LL CA LL Hoved Seconde d Ave Nav Abstafn c-~-t-~---,~~~~il~l i@am~s=_=c::=J~C,--~!l!l..,r-.MAb~semnt~ :i mnn I . • • • • RO LL CAL L Hoved Seconded Av e Nav Abs ta fn Absent Wi 11 iams ~ Woh..,,.. -,__ Harn!!!:_ IL t L--Clavton ,__ Mann I ,~ ~ Mayor~7'.:J.EU '- I . • • • • • '- ROLL CALL Moved Seconded Ave Nav Abstain bsent Williams A "'"'""'" ::.man H<1ro1>r Clayton Mann i ,.,ay~I-U ~a.£ q;;5- I . . • • • • • ROLL CALL Hoved Seconded ~e I.I Wf11111ms ~ Jilf'bPr A Na Abstafn Absent ~m1~n ~ li!r.11tt_ ~ Cla1ton ,__ Mann _r;ayor Ta y_'l.E U~ L--- I . • • - • • ROLL CALL Moved Seco d d ,,.,. n e Ave Wi 111 ams Nav Abs ta fn v-· Absent .......__.__ ,_ :>mnn v- Harn~+ ,_,_ Clavton -/.--Mann I 1 Mayor Ta ~E r ,,,.--I~ 1-~~ r~if·h.pu 7: n> (f rn . • • I . • • • • • ROL L CALL Moved Seconded 1ye ay Abs ta fn Absent ~ Wi 11 iams L-- A N .w..i...- ::im1tn v ~ H11roer c.-v- Clavton' ,_ Mann i '--May or Ta £i.EU V' 1B. • ~·~~f~~~~ d~W • I . . • - • • - ROLL CAL L Hoved Seconded Ave Nav Abstafn Absent .....-Wi 11 iams .......- ~ .Smltn ........ ll'lrDtt_ ~ L--'-Clavton ~ Mann i 1-Mayor Ta y_1.£;r ........- • • I . • • • - • • - "---~-~ -~--- ROLL CALL ed s d d Hov econ e \Ve Nav A sta n sent v Wi 11 iams A b Ab ~ ._.. Smitn i.i'lroPr + Clavton Mann 1 Mayorraz:; Er 1~ • I . • • • • • ROLL CAL L Hoved Seconded A 1ye Nay Abstain Absent Williams ,,..... ~ ~ :im1tn i.- Ha roi:.r__~ ,,_ &.-Clavton , __ Mann ,__ Mayor T~y_"I-r y.- I . . • • • • • • - ROLL CALL H eel S d d ov econ e Wil 1hms ............. --:>m1t 11 -H:troer CL- Clavton • Mann 1 l'iayor Ta y_,~r ~ J"&o£ aiJ ~ <:{::~ ~ ~· ~~ ~J;L~ /~ 1ye ay s a n sen ,,_. A N Ab t f Ab t ,._ ,,_,,..,. £,....- v y- I ,.,~I l;Yl~ rr~'"'(/ - • I . . • - • • ROLL CALL H ed S d d ov econ e lye ay sta n sent Wi 11 i ams .....-A N Ab Ab ~ ::lmnn v Har:u~ ,,..... Clayton '-Mann ,_ May~y_•nr .....- I • • • • • - • • - ROLL CALL ~ ~ ll3f ~~~~ ~~~t)j>k~ )sl ft") I • • • • ROLL CALL Moved Sec d d on e Ave Nay I Wi 11 iams Abstain Absent ~ ~ ;)m1tn v-~aro~#- Clavton Mann Mayor Ta y_1_9 r I . • • - • • • • • ROLL CALL Hoved s . econded I Wi 11 iams Ave Nav Abstain Absent -''-~ --sm1t n ' >l;irn~ ,__ Clavton Mann I 1-layor Tal:_Er 1 ~~~~~ -tAu ~~~ct~ ~J'·~~-4~ • I . • - • • ROLL CALL H ed S d d A N Ab ta1 Ab t ov econ e \Ve av s n sen Wil Hams -~ -:im1tn ,__ H;irn~ v-Clavton J.-Mann ___i_ ~ Mayor Ta y_'..£JU ~ • • I . • • • - • • ROLL CALL H eel S d d A N Ab t f Ab t ov econ e iye ay s a n sen Wil 11ami: L---~ :im1tr. _i.-- Ha rof:r_Jd---i....-Clavton J..--Mann Mayor fa ;_'_::r /,;-1- I . • • • • • -------- ROLL CALL Moved Seconded Wi 11 iams Ave Nav Abstafn Absent _...._..__ Sm11:11 v Harn~ Clavton Mann I May or iaY.:E r I . • • • • -----.... _ ROLL CAL L Ave Nav A s a n Seconded Hoved Williams b t f Absent u~.""r : sm 1t n Haro~ Clavton Mann 1 Mayor Ta :,'._)_E r I . • • • • - • • ROLL CALL M ed S d d ov econ e 1ye ay s a n sen Wi1 Ham5 ,,.._ A Ab t N Ab t f ~ ..=.man ,,_... Hi\I:Utt_~ c..-Cl a_rton ,,.._ Mann i ,__ _l"iayor Ta·_'f'r v I . • • • - • • ROLL CALL H ed S d d OY econ e 1ve a_,y s a n sen Wi 11 iams ,,.._ A N Ab t f Ab t w .. t. .. r --_::>mJLn ,,_ Haroer If v -Clavton i,-Mann L v-l'iayor Ta y~or ~ • I . • • • - • • ROLL CALL H .ed S d d ov econ e l}'e av sta n sen ........ Wil 1 iams ~ A N Ab Ab t w .. n~r .....-;)mnr. &,..-- Haroer + ,__ Clavton '-Mann i I-Mayor Ta £' _9 r _v • I • • • - • • ROLL CALL s Hoved econded Ave Nay Abstain Absent Wi 11 iams IJ .. h,,r :)mitr. Harn .. r Clavton --Mann Mayor Ta y_'!Jr • I . • • • - • • ROLL CALL Hoved Seconded Abs ta fn Absent A e Na • I . • • l- • • -~-- ROLL CAL L Hoved s d ,___ econ ed William$ Ave Nav Abs ta fn v Absent u~ :im1tn u1ro~~ /,-- ~ Clavton /,;" '--" Mann Mayo r Tay_"ELlk t- • I . • • • • • • ROLL CALL Hoved Seconded !Le !.l. William s A Na Abstain Absent ..weber ~m1....1:n ..tlID2tt_ Cla~ton Mann _l"i ay~_Er J I . • • • • -·~ -~-:.._ - RO LL CA '=.!:. Hoved Seconde d Williams Ave Nay Abstafn Absent ~ ,__ """""' ::.mitr. ,,,.. Harn."r _A-,_ ~ Clayton '--Mann -1 Ma y or f a y~c;-;;-y L-- I . • • • • • ROLL CAL L ,. ed s d d A N Ab Ab ov econ e --,ve av sta n sent Wi 11 iams uft"'~~ !>m1tr. ll;irott_ Clavton Mann i Mayor Ta y_1_9r I . . • • • 1- • • ROLL CALL H ed S d ov econ ed Ave Nav Abs ta fn Absent Wi 11 f am i: ,,__ 1.1..a- :::.m1t n &,..---,_._ i-l'lrn~'f-V' v Clavton ,__ Mann I ~ Mayor Tay_i r.r v- • I . • • • • • ROLL CALL Hoved s econded Williams Ave Nav Abstain r ........-I I Absent Ll-L-v ....; smnn ll'l.rJ!.ef_c.J.. v-- .-..... Clavton ......-,_,__ Mann 11iayor Tay_:_£:r ........ I - I . • - • • ROLL CAL L Moved Second d e Ave Wi 11 iams Nav Abstain Absent v Ll-L ...... Sm1t11 .....,. H;orn.~..,l,...-v ...... Clavton v Mann Mayor T~y_1E r v v ~ . ----~ ~~~"'~~ ~· • j~~~; ~ CJA_\,t,~ ~ I . • • • • ROLL CALL Hoved s d d econ e Ave Wi 11 iams Nav Abstain Absent IJftl..~- ::>m1tn ~'lr_Q~ Clavton Mann Mavo r Ta y_1 or ~~~'6~~ -~ ~ o1 o'--'Ll;;/l) µJJ rr;t ~ 't) ,, () ,,--;1---- ~ ~-' I . • • - • • ROLL CALL Moved Seco d d I,/ n e Ave Wi 11 iams Nav Abstafn -~ Absent u~1.~~ :im1tn v- '- Haro~ 1.4-c..-- Clavton J..-- Mann Mayor Ta y_1nr v- ,_ • I . • • • • - ROLL CAL L Moved S cond d A N Ab taf Ab t e e 1ye ay s n sen Williams u,.h,.,.. :im1t n Haro~ Clavton Mann Mayor Ta y_i r.r • • • • • ROLL CALL Moved Seconded Ave Nav Abstain Absent Wil l iams "'""""" Smltn lbrn~ Clavton Mann MayorTa Z:..9 r I . . • • • 7 :30 P.M. 1. • • ,. • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 16, 1979 ~ Call to order, invocation by Reverend Cl,.a1'ton Ni~eld, Grace Lutheran Church';'" 4750 South Clarkson Street, pledge of allegiance by Boy Scout Troop #92, and roll call . Minutes. (a) Minutes of the regular meeting of July 2, 1979. (Copies enclosed .) 2. Pre-Scheduled Visitors . 3. 4 . (c) (d) Mr. Stewart Fonda, Utilities Director, will be present to discuss the award of bid for a 200,000 gallon elevated water storage reservoir and an easement for a water trans- mission line at the corner of U.S. 285 and Sherman Street. (Copies enclosed.) Mr . Ted Mann, President, Mr. Terry Schmidt, Chairman, and Mrs. Elaine Good, Member of the C0Im11unity Arts Symphony, will be present to request a public hearing for a special events permit for beer, wine and liquor for a symphony on August 25, 1979 in Cinderella City. (Copies enclosed .) Mr. Robert Mcintyre, President, will be present to request a retail liquor license due to a change of ownership for Old Town Liquors, 325 East Jefferson Avenue. (Copies enclosed .) Mr. Rodney Utz and Mr. Wil].J.atrlG~ers of The John, 90 West Belleview, will be present to request a 3 .2 beer license renewal . (Copies enclosed.) Other Visitors. Public Hearing . • I • • - • ( • • • Page 2 July 16, 1979 Agenda 5. 6 . ~ ~ ~ Communications -No Action Recormnended . (a) Minutes of the Board of Career Service Comm is - sioners meeting of May 17, 1979 . (Copies enclosed.) (b) Minutes of the Englewood Public Library Board meeting of June 12, 1979. (Copies enclosed .) (c) Minutes of the Animal Control Committee meeting of July 9, 1979. (Copies enclosed.) (d) Municipal Court activity report for the month of June, 1979. (Copies enclosed .) Communications -Action Recommended. (a) Request for a renewal for a hotel/restaurant liquor license for the Ground Round Restaurant , 5180 South Broadway . (Copies enclosed.) (b) Request for a 3 .2 beer license renewal for Bob's Grocery, 3296 South Washington Street. (Copies enclosed.) (c) Memorandum from the Acting Director of Community Development to the City Manager concerning an encroachment request at 705 West Dartmouth Avenue. (Copies enclosed.) ~o (d) Letter from C . Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor requesting funds to transport 12 members of the Englewood Law Enforcement Exploring Post of Englewood to attend a conference in East Lansing , Michigan . (Copies enclosed.) • 7. City Attorney. Bills for Ordinances . Bill amending Subsections a. and b. of Section 22.7-7 (Sign Code) of the City Comprehensive Zoning Ordinance by adding new subsections thereto authorizing the placing of political signs in certain residential zoned districts . (Copies enclosed.) • I • - ( • • • • Page 3 July 16, 1979 Agenda 7 . City Attorney (Continued). (b) (c) C!.i"' _3a. ~~ ~ (d) ~~~~~ ~~. ~p (e) ~· s.\-~ (f) c,~~~9 :;\~ o/ Bill submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #1 to the Charter of the City of Englewood relating to the age and residency require- ment of members of the City Council . (Copies enclosed .) Bill submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #2 to the Charter of the City of Englewood removing the requirement that a member of City Council be on the Library Board. (Copies enclosed .) Bill submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #3 to the Charter of the City of Englewood removing the following requirements : that members of City Council also be members of the Planning and Zoning Conunission--that members of the Planning and Zoning Conunission be tax-paying electors-- that said members of the Planning and Zoning Conunission be residents of the City for at least one year prior to appointment . (Copies enclosed .) Bill submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #4 to the Charter er the City of Englewood removing the followin .~ requirements : that members of the Board of Adjustment and Appeals be tax-paying electors that said members be residents of the City at least one year prior to appointment. (Copies enclosed .) Bill submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #5 to the Charter of the City of Engle- wood removing the following requirements : that the Mayor and two Councilmen be members of the Water and Sewer Board --that the members of the Water and Sewer Board be tax-paying electors of the City. (Copies enclosed .) I • - • • • • Page 4 July 16, 1979 Agenda 7. City Attorney (Continued). (g) ~ ~(h) Bill approving a collective bargaining agreement by and between the City of Englewood, Colorado, and the Englewood Employees Association, effective January 1, 1980 through December 31 , 1981; approving a modification of the wage provision contained in the collective bargaining agreement dated September 8, 1978. (Copies enclosed.) Bill approving a collective bargaining agreement by and between the City of Englewood, Colorado, ~e.-1,gg and the Englewood Firefighter Association, effective January 1, 1980 through December 31, 1981, approving a modification of the wage provisions contained in the collective bargaining agreement dated July 8, 1975 . (Copies enclosed.) ~ 1 (i) Bill approving a collective bargaining agreement fl..~~ by and between the City of Englewood, Colorado, C.,.\:.> and Englewood Police Benefit Association, effective .':"'~~e.iJ _¥~ January 1, 1980 through December 31, 1981, approving ~j_\~ a modification of the wage provisions and the ~~ college incentive program contained in the 1976 ~ n Memorandum of Understanding. (Copies enclosed.) Other Matters. ~~~~ (j) Attorney's Choice.of~, ~C;M~ ~ 8. City Manager . ~(a) Memorandum from the Director of Public Works to the City Manager concerning the alley of the 4400 block of South Pearl and South Washing- ton Streets . (Copies enclosed .) (b) Memorandum from the City Manager concerning the Six-Quarter Budget for the period Jul y, 1979 to December , 1980 . (Memorandum and Resolution enclosed .) , (c) ~ Resolut ion amending the General Fund , Wa t er Fund , Sewe r Fund , and Golf Course Fund relating to the negotiated wage increase effec t ive Jul y, 1979 . (Copies enclosed.) (d) Manager's Choice. • I • • • • • Page 5 July 18, 1979 Agenda 9. General Discussion . (a) Mayor's Choice. (b) Councilman's Choice. 10. Adjournment. I . • • ( • ( • REGULAR MEETING: • • • POLICE/FIRE CENTER CITY OF ENGLEWOOD, COLORADO July 2, 1979 /A The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session at 7:30 p.m. on July 2, 1979. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend D. Raymond Parry, Hampden Hills Baptist Church, East Dartmouth and South University Boulevard. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared a quorum present. * * * * * * Also present were : City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Acting Director of Community Development Romans Chief of Police Holmes Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1979. Councilman Mann seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Abstain: Council Members Smith, Harper, Mann, Williams, Taylor. None. Council Member Clayton. • I • • July 2, 1979 Page 2 Absent : • • • Council Member Weber. The Mayor declared the motion carried. * * * * * * At the request of Mayor Taylor, Chief of Police Holmes appeared before Council and read a proclamation praising the heroic efforts of Mark Jacobs, an Englewood Reserve Patrolman, in saving the life of a young woman suffering electrical shock. Mayor Taylor presented the proclamation to Mark Jacobs, 3655 South Delaware Street. Mr. Jacobs accepted the proclamation and thanked Council for this recognition. COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION FOR MARK JACOBS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None, Council Member Weber. The Mayor declared the motion carried. * * * * * * Reverend W. W. Brandt, 4469 South Washington Street, was present and discussed a problem in the alley of the 4400 block between South Pearl and South Washington Street. Mr. Brandt stated the City excavated the alley behind his property approximately 25 feet north of his north line and 25 feet south of his south line for the purposes of correcting a water drain- age problem. Mr. Brandt stated the City excavated 14 inches and as a result he is unable to get his trailer up onto its parking pad. There exists approximately an 11-inch drop. The City crew came back at his request and filled in 2 -3 inches with gravel; but it was not enough. Mr. Brandt suggested that the crew return and excavate 2 -3 inches along the entire block. Councilman Smith suggested that the drop be filled in and sloped to allow Mr. Brandt access to his trailer park- ing pad and at the same time solve any water drainage problems. Mr. Brandt stated he felt the only solution was to excavate the entire alley. • I • • ( • July 2, 1979 Page 3 • • • COUNCILMAN SMITH MOVED THAT THE CITY SURVEYOR LOOK AT MR. BRANDT'S PROPERTY AND PROVIDE AN ALTERNATIVE WHETHER IT BE MR. BRANDT'S SUGGESTION OR HIS AND COME BACK TO COUNCIL WITH SOME ANSWERS. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Eddie Tanguma, Jr., 1020 West Tufts Avenue, was pre- sent as a representative of the Englewood Pirate Band Boosters and discussed his request that Council participate in sponsoring the band at the Rose Bowl Parade. Mr. Tanguma requested those people in the audience who were in suppor t of the band and his request to stand. Approximately 40 people stood up. Mr. Tanguma stated his presence was prompted by an article in the Englewood Herald Sentinel which indicated that Council was not going to financially support the band in its endeavors. He acknowledg- ed that this was not true, that the Council has not taken any action, and offered to meet with the Council in a study session to discuss his request in more detail. COUNCILMAN WILLIAMS MOVED TO SET UP A STUDY SESSION ON AUGUST 6, 1979 TO MEET WITH DR. GIRARDI AND MR. TANGUMA AT 5:00 P.M. Councilman Smith seconded the motion. Mayor Taylor read a letter he wrote to Mr . L. L. Brownewell concerning Council's sponsorship of the Englewood High School Band. The contents of the letter related that the students should try to make as much money this summer as possible to pay their own way first. Council would be happy to help them after they make every effort to help themselves. Mayor Taylor stated Council has not closed the doors on helping the band; the newspaper was wrong. Upon a call of the roll, the vote on Councilman Williams's motion to set up a study session on August 6th resulted as follows: • I • • • July 2, 1979 Page 4 Ayes : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams, Mann, Taylor . None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Rodney Utz, 3251 South Josephine, Denver, and Mr. William Gilmore, 2934 South Detroit Way, Denver, were present. These gentlemen own The John, 90 West Belleview, and were present to request a 3.2 beer license renewal. Captain Ron Frazier, Englewood Police Department, was present and discussed the police incident reports wherein three incidents of possible license violation were reported but no vio-lations were cited. Councilman Mann asked the City Attorney if there was cause to bring charges against The John for purposes of revocation or suspension of their beer license. City Attorney Berardini stated he would have to review the case and report back to Council. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO IN- VESTIGATE THE MATTER AND FOR COUNCIL TO SET A STUDY SESSION TO RE- VIEW THE RESULTS OF MR. BERARDINI'S REPORT ON JULY 16, 1979; ALSO THAT BOTH OWNERS REAPPEAR BEFORE COUNCIL AT THE REGULAR MEETING ON JULY 16, 1979 AT WHICH TIME COUNCIL WILL MAKE A FORMAL DECISION CON- CERNING THE BEER LICENSE RENEWAL REQUEST. Councilman Williams sec-onded the motion. Councilman Smith stated he understood there have been numerous nuisance reports concerning The John and requested these reports to be included in the packet of information for the meeting on July 16, 1979. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. • D I • ( ( c • July 2, 1979 Page 5 Absent: • • .. - Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. Mr. Roger Valaquez, 4500 South Acoma, and Bob Weinstein, 3225 South High, appeared before Council. Mr. Valaquez and Mr. Weinstein are students at Englewood High School. They inquired about the availability of summer jobs through the City since many students who have applied have been turned away. Mayor Taylor stated when he proposed that the City pro- vide a job clearing house, he was told the band parents were doing this. Mayor Taylor stated the City will be happy to help the stu- dents in anyway they can to find jobs; however, the financial sup- port will be determined after every student has made an effort to help himself or herself first. City Manager Mccown stated the City does hire youth for various summer jobs; and generally there are many more applicants than available jobs. Mr. Mccown stated most of the jobs were filled early in the year. Mayor Taylor asked if there were any other visitors in the audience wishing to address the Council. No one responded. * * * * * * "Connnunications -No Action Reconnnended" on the agenda were received : (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals special meeting of May 2, 1979. Minutes of the Denver Regional Council of Governments meeting of May 16, 1979. Minutes of the Housing Authority meeting of May 30, 1979. Minutes of the Planning and Zoning Connnission meeting of June 5, 1979. Minutes of the Animal Control Connnittee meet- ing of June 11 and June 25, 1979. * * * * * * I • ., • July 2, 1979 Page 6 • • • City Manager Mccown presented a recommendation from the Planning and Zoning Co11llllission meeting of June 19, 1979 concerning an amendment to the Comprehensive Zon i ng Ordinance Section 22.7 - 7, Sign Code. Mr. Mccown stated the amendment relates to the place-ment of political signs. Dorothy Romans, 3600 South Bannock, Acting Director of Co11llllunity Development, appeared before _Council to answer questions concerning the proposed amendment. In response to Councilman Mann's question, Acting Director Romans stated the only place signs can not be installed are along state and federal highways. Also, in response to Mr. Mann's question, Ms. Romans stated a public hearing must be held on this recommenda- tion in order to amend the zoning ordinance. COUNCILMAN HARPER MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND THAT A PUBLIC HEARING DATE BE SET. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda appeared before Council and presented the minutes of the Water and Sewer Board meeting of June 26, 1979 and the recommendations contained therein. Director Fonda discussed the Board's recommendation to approve a request for a water tap outside of the City of Englewood at 3201 South Zuni Street. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION OF THE WATER BOARD GRANTING THE REQUEST FOR A 3/4 INCH DOMESTIC WATER TAP FOR PROPERTY OUTSIDE THE CITY LIMITS AT 3201 SOUTH ZUNI STREET. Councilman Smith seconded the motion. Councilman Smith asked why Councilman Harper had voted against the water tap at the Water Board meeting • • I • • ( ( • July 2, 1979 Page 7 .. • • • Councilman Harper stated he was of the opinion service can not continue outside the City until the main is enlarged. Add- ing outside taps would decrease pressure for inside-city users. Councilman Mann stated his reason for granting the re- quest is that all other taps on the same side of Zuni outside the City limits are furnished by Englewood and it was only fair that this applicant be serviced. Also, the City has a moratorium on outside water taps with two exceptions : 1) taps could be granted providing it did not decrease the pressure and 2) providing they did not interfer with the Englewood water system. Mr. Mann stated this request did not violate those exceptions. Director Fonda stated one tap would have no effect on the water system. A large scale request would, however. Mayor Taylor stated the applicant's present occupation indicates a low useage of water. If the applicant should expand his overations, he could have a high useage. Mayor Taylor noted staff s recommendation is that Council deny the request. Mayor Taylor stated the applicant has promised to reappear before the Water Board should he change or expand his business. In response to Councilman Smith's question, Director Fonda stated staff recommended denying the request because it could become difficult to serve outside taps if the area inside Englewood continued to develop. In response to Councilman Clayton's question, Director Fonda stated the Denver Water Board has first choice to provide or deny service to this applicant. Mr. Fonda stated he did not think the Denver Water Board would vote to provide service because they would have to install a line to get to the applicant's property. Upon a call of the roll, the vote on Councilman Mann's motion to approve the request for a water tap outside the City at 3201 South Zuni Street resulted as follows: Ayes : Council Members Williams, Smith, Clayton, Mann, Taylor. Nays: Council Member Harper. Absent : Council Member Weber. The Mayor declared the motion carried. • I • • July 2, 1979 Page 8 • • • Director Fonda discussed the Water Board's recommendation to approve a revised Reserve Water District Contract and a request for the Denver Water Board to supply water for the Reserve Water District. Mr. Fonda stated the revision in the Water District Con- tract removes Englewood's responsibility towards maintenance of the water mains. Concerning the request that Denver supply water for the Reserve Water District, Mr. Fonda stated the Denver Water Board was in a better position to supply water and the initiation of action had to be started by Englewood in the form of a request. COUNCILMAN HARPER MOVED TO APPROVE THE REVISED WATER CON- TRACT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO APPROVE THE LETTER TO THE DENVER WATER BOARD CONCERNING SUPPLYING WATER FOR THE RESERVE WATER DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. Director Fonda discussed the Water Board's recommendation to indicate an inclination to participate in the funding of a metro water conservation handbook with the Denver Regional Council of Gov-ernments. COUNCILMAN HARPER MOVED THAT THE CITY COUNCIL APPROVE PARTICIPATION IN THE FUNDING OF A METRO WATER CONSERVATION HAND- BOOK. Councilman Williams seconded the motion. Director Fonda stated the financial participation would be based on population and the estimated cost would be $100 • • I • • ( • July 2, 1979 Page 9 • • • Mayor Taylor stated such a study was unnecessary. Councilman Smith stated there was already an abundant amount of information published on water conservation. Director Fonda stated his recommendation to participate in the water conservation handbook is based on the need to make people aware of the need to protect the resource of water and to use water conservatively. Councilman Smith spoke against Englewood's submitting to full participation in programs imposed by the Denver Regional Coun-cil of Governments. Director Fonda stated there was no adequate handbook outlining practical information on landscaping buildings, etc., that would help people conserve their useage of water. Councilman Clayton queried participating in a project for which there would be little or no input from the Council. Councilman Clayton stated it would be like "rubber-stamping" the handbook even though it may have contents with which Council disagrees. City Manager McCown stated it seemed necessary to p~blish and make available information concerning the conservation of water at the minimal cost of $100. Mr. Mccown stated the City by itself could not publish a handbook for that price. Upon a call of the roll, the vote on Councilman Harper's motion to participate in the funding of a handbook on water con-servation resulted as follows: Ayes: Council Members Harper, Williams. Nays : Council Members Smith, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared the motion defeated. Director Fonda discussed the Water Board's recommendation to approve the Supplement #10 Greenbelt Sanitation District. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #10 GREEN- BELT SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • July 2, 1979 Page 10 Ayes : Nays: Absent : • • - Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . None . Co uncil Member Weber . The Mayor declared the motio~ carried . * * * * * * Mayor Taylor declared a recess at 8:55 p .m. Council reconvened at 9 :10 p.m . Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Ab sent: Council Mem b er Weber. Th e Mayor declared a quorum present . * * * * * * BY AUTH ORITY ORDINANCE NO. 28 SERIES OF 1979 COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMEN DIN G SECTI ON 42, ARTICLE IV (GENERAL PROVISI ONS ; RESTRICTIONS) OF CHAPTER 3 , TITLE XV, OF THE OFFICIAL CITY CO DE , RELATING TO THE REPAIR , REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD . City Attorney Berardini noted some changes to the ordinance. COUNCILMAN MANN MOVED TO PASS COUNCIL BILLL NO. 26 ON FINAL READING WITH THE FOLLOWING AMENDMENTS AS STATED BY THE CITY ATTORNEY: 1. 15-3-42 (a) (1) STRIKE "WHEN NECESSARY". 2 . 15-3-42 (b) STRIKE "OR ANY OTHER GOO D CAUSE". 3. 15-3-42 (d) STRIKE "SH OUL D THAT ACTION BE DEEMED NECESSARY" • • I • • ( ( • July 2, 1979 Page 11 • • • Councilman Smith seconded the motion. Councilman Smith questioned the language under 15-3-42 (a) (1) "option and". Mr. Smith thought for clarity the words should be striken from the section. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1979 * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONALD M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini stated he understood that Mr. Weber had notified the Mayor of his resignation by tele- phone but had not yet submitted a written document which Mr. Weber informed the Mayor he would do. Mr. Berardini suggested the word "delivered" under the third "Whereas" of the resolu- tion be changed to "read". COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1979, DELETING THE WORD "DELIVERED" IN THE THIRD WHEREAS AND INSERTING THE WORD "READ". Councilman Clayton seconded the motion. Mayor Taylor stated he would have to vote no because neither he nor the City staff have received a letter from Mr. Weber, only a telephone call. Mayor Taylor queried whether Council could accept the resignation without a letter. Mr. Berardini stated he was not aware of any provision in the Charter or the Code requiring resignation from office to be submitted in writing and he felt one could abandon office orally. Mr. Berardini offered to research the question if Council chose to do so. • I • • - • Jul y 2, 1979 Page 12 • • • Councilman Smith s t ated h e thoug ht a publ i c statement was valid without subm i tting a for mal l e t ter. Upon a call of the roll, the vote on Councilman Smith's motion to pass Resolution No. 25, Seri e s of 1979 resulted as fol-lows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION DE- CLARING THE WEEK OF JULY 9 -15, 1979, AS "ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK" AND TO CHANGE THE YEAR IN THE FIRST WHEREAS FROM "1959" TO "1979". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the judgment of the Supreme Court in the case of Deluxe Theatres, Inc. vs. the City of Englewood. Mr. Berardini stated the Court ruled for the City in d ef ending the levying of a theatre tax. RESOLUTION NO. 26 SERIES OF 1979 * * * * * * A RESO LUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE ADDITIONAL PARKING FOR ELSIE MALLEY CEN TE NNIAL CENTER. City Attorney Berardini noted a change in language under Sec t i on 1. Mr. Berardini stated the word "staff" should be changed • I • • ( ( • July 2, 1979 Page 13 • • • to "Manager and his design ee " in the first line and in the third line. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1979 WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Councilman Williams seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION WITH THE FOLLOWING: 1. UNDER SECTION 1 -IN ADDITION TO THE CHANGES PRO- POSED BY MR. BERARDINI, ADD A COLON FOLLOWING THE WORD "PARCELS" AND DELETE THE REST OF THE PARAGRAPH. 2. UNDER SECTION 2 -ADD THE WORD "AND" AFTER "APPRO- PRIATE" IN THE SECOND LINE; DELETE THE WORDS "AND .•. AWARDS" IN THE THIRD LINE; SUBSTITUTE THE WORD TAKEN" WITH "PURCHASED" IN THE FOURTH LINE AND DELETE THE REST OF THE PARAGRAPH. Councilman Clayton seconded the motion. Councilman Smith stated he made the amendments because he felt the property was necessary for parking; but it was not necessary for the City to enter into public condemnation should the staff not be able to negotiate for it. Mr. Smith stated the matter was not critical enough to justify eminent domain proceed-~ngs at this time. Councilman Harper disagreed. Mr. Harper stated the matter is critical e nough and the City should have the power to take the property. Mr. Harper stated the price may go up and staff could negotiate forever. Counc ilman Cl ayton stated the property was necessary for the operation of the center to be used by the public. In response to Councilman Mann's question, City Manager McCown stated the amend~ent does not give the City power of eminent domain, and it could have a negative impact because the City would be limited to paying no more than the fair market value. The amend- ment could delay action if the matter is referred back to Council for furt her direction becaus e a price could not be negotiated. Upon a call of the roll, the vote on the amendment resulted as follows : Ayes : Counc il Member Smith. • I • • • July 2, 1979 Page 14 Nays : • • • Council Members Harper, Clayton, Mann, Williams, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion made by Councilman Harper resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams, Taylor. Council Member Smith. The Mayor declar e d the motion carried. * * * * * * City Attorney Berardini discussed the litigation concern- ing Mathews vs. the City of Englewood involving the use of an alley in the 4800 block of South Fox. Councilman Mann asked to be excused from the meeting since the case involved his residence and himself as a private citizen. Council granted Mr. Mann's request. Mr. Berardini stated the litigation concerns the City's right to use a certain portion of the Mathews's property along with other properties along South Elati and South Fox in the 4800 block. Mr. Mathews's maintained that the City has no right to an alley in that location and the City maintained it to be a public alley. The Building Inspector revoked the Mathews's permit to build a fence in the location and when Mr. Mathews filed an appeal before the Board of Adjustment and Appeals, the Board upheld the Building Inspector's action to revoke the permit and not allow Mr. Mathews to build a fenc e . Mr. and Mrs. Mathews have the property for sale and want to withdraw the lawsuit against the City and request that the City withdraw its suit for declaratory judgment against them. Mr. Berardini s t ated he felt the question should be resolved one way or another and should be pursued to conclusion. Mr. Berardini recommended the lawsuit not be withdrawn. He stat e d if the Mathews do not pursue this matter, whoever buys the property may and the issue has to be resolved. COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF THE CITY ATTORNEY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Williams, Taylor. • I • • • July 2, 1979 Page 15 Nays : Absent: • • • None. Council Member Mann. The Mayor declared the motion carried. Councilman Mann returned to the meeting. RESOLUTION NO. 27 SERIES OF 1979 * * * * * * A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND THE PASSAGE OF THE SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING FOR NECESSARY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. City Manager McCown presented a copy of the City of Littleton's Resolution No. 38, Series of 1979 and a copy of a letter from Al Salazar, Assistant City Manager for Littleton supporting the channelization of the South Platte River and the passage of Senate Bill 325. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1979. Councilman Williams seconded the motion. Councilman Clayton asked if the expenditure of funds required any City funds either matching or otherwise. City Manager Mccown answered it would not. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor dec l ared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10:00 p.m. ~ty City~r • I • • • TO: FROM : DATE: SUBJECT : • • - Andy Mccown, City Manager '~ Stewart Fonda, Utilities Directot)\ July 12, 1979 Water Line Easement As part of the Capital Improvement Program for the Water Division a 36-inch main from Belleview Avenue to Floyd Avenue is to be installed. Three routes were considered: Logan Street, Sherman Street and Grant Street with the latter chosen because it carries the least amount of traffic, has the fewest number of underground utilities in it and is not blocked by existing concrete structures at Little Dry Creek. Also, it permitted the most economical design. The alignment was planned to pass under the bridge which carries U.S. 285 across Little Dry Creek. The Consultant choose this design based on a number of considerations which included: 1 . Hydraulics -a shorter line with minimum angle points. 2 . Economy -a shorter line with fewer fittings. 3. Highway traffic safety -no interference with traffic and no damage to pavement. A member of the design team presented this part of the plan to the Division of Highways (in January, 1979) and received verbal approval of the alignment. The plans were completed and bids were invited accordingly. Shortly before the bid opening date, however, the State Department of Highways Maintenance Division wrote a letter to the Consultant (copies available) stating the only manner of crossing U.S . 285 they will approve is by jacking a steel casing beneath the R .0.W . at a point, which they preferred, upstream from the bridge abutment . It is the opinion of the Department that the integrity of the bridge structure may be jeopardiz ed by routing the construction beneath it. In addition, it is also their opinion that any future maintenance operations which the City might find necessary could also jeopardize the structure. The Contractor had realized when preparing his bid that this segment presented serious construction problems, including : 1 . Unknown subsurface conditions such as where the batter piles and column footings actually are. 2. Trenching in a surface drainageway below the water table. 3 . Insufficient head room to permit sheet piling to be driven . • I • • Page 2 Andy Mccown July 12, 1979 • • • 4. Possible large pieces of rock or concrete rubble in the way of the trench. The State Highway Department estimates that repair costs, should the bridge be damaged , could be in the range of $100,000 to $500,000. CDM then began to study an alternate alignment which would receive the approval of the State Highway Department. A tentative align- ment was sketched, platted and discussed with the Contractor . He then called in three pipe jacking specialists and obtained offers for jacking steel casing both in the alignment as designed and by the alignment preferred by the State Highway Department . All three preferred to do the jacking on the changed alignment. In order to avoid potential problems with the bridge and its abutments, the Contractor has offered to do the alternate jacking procedure at no additional costs except for those unit costs established in his contract for such items as additional length of pipe, additional fittings, bedding gravel, and concrete arch . Resulting increase in Contractor costs is estimated to be a maximum of $7,500. It should also be noted that there is no other feasible route available and that a bridge collapse or flood would endanger the pipe under the bridge. The Consultant recormnends that under these conditions the City obtain the necessary easement and proceed with a Change Order for a change of alignment . Weighing these consideration and other, including the upcoming flood plain delineation, this Department concurs in recormnending the alternate alignment here presented. If Council approves the proposed new routing of this 36-inch conduit, we will require an easement in private property which borders U.S. 285 in the north, between South Grant and South Lincoln Streets, and which is owned by the Dry Creek Center, Inc . We estimate this easement could range from $30,000 to $50,000. This would mean an increase in project costs totalling $37,500 to $57,000. • I . - • ERIDGE ABUT • FACE OF CURB PLAN SCALE 1 ~50· • • • S. SHERMAN ST. RD.w. LINE PROPOSED CONSTRUCTION EASEMENT PROPOSED PERMANENT EASEMENT RQ.W. LINE S. GRANT ST. CAMP DRESSER & McKEE INC. DENVERt COLORADO WATER TRANSMISSION MAINS U.S. HIGHWAY 285 EASEMENT & CROSSJNGCQM DRAWN SY C.AP. .,_7'f • I . . - • • • • • STATE ·t. . ...:PARTMENT ·OF k .~HWAYS JACK KINSTLINGER DIVISION OF HIGHWAYS E. N . HAASE CHIEF ENGINEER EXECUTIVE DIRECTOR COLO 28 5 J fffE!l SO ;./ A:;o SH E'.?~"LAN ST:t:::ns DISTRICT 6 R J. BRASH ER DISTRICT ENGINEER 2000 SOUTH HOLLY DENVER , CCL.ORAOO 80222 Arril 10, 1979 t 30 3, 7S1 .e2s2 Mr. Charlie Vai! C2::ip Dresser & HcKee Inc. Writers Tower, Su ite 1100 1G60 South Albie ~ Street Denver, CO 802 2 ~ RE: Englei.;ood Water Sys:::e rn Ioproveme n t s Dear Mr. Vail: After reviewing t~e pro posed uater ~ai n constr1.:ction, we have the follo wing co;:iui ents. T~e crossing of Highway 285 :it Jefferson and Sher<?:an Streets must be BO!l.ED and encased. ~e suizest t he alignnen t b~ moved to the East of the bridge abt.:tment. The tie points in Belleview at Sherma n ma d Cl~rksou Streets s~o:ild be bored and encased if,possible. Ho,,ever, lo::king at the obstruction show:\ on the pl-rns, boring r.iay not be pcss~~lc. In cr!y ~~·ent, it is o!:>vio:is t ;ie t ccns!d.:r-~~le exc:iv:ition will be required to ~akc the ties. In order for us to praccss the nec'!!ss'lry penr.its, we must knc~· t ~e e:r:t~nt of the exc<;vaticn and t:1e time t !1e road will be c!isrur-ted. ~.'e r:tust also have a traffic control pl c n for thc~e areas, use the Manu.:Jl on Uniforr.i Traf::ic Control Devices for a gcide on the detour and barricading design. Please make the necessary revisions o r ac:!itiou;; to the plans and rescbmi t for approval and nece;;sary construction pe rmi ts. Yours truly, cc: Hr. R. Bras :1~r/ Hr. R. Bovee File (Englc•·:o::d) ...- RF (NcLeod ) P.F • ' I • - • • • • MEMORANDUM TO: Andy Mccown, City Manager FROM: Stu Fonda, Director of Utilities William D. James, Director of Finance DATE: July 2 , 1979 SUBJECT : Reco1I1111endation for Award Enclosed is a copy of a letter from Camp Dresser & McKee, Inc. reco1I1111ending award of bid for the 200,000 gallon elevated water storage reservoir and a copy of the bid tabulation. The Council should consider whether the difference in cost ($62,000) between the single column tank ($424,850) or the multkcolumn tank ($362,800) is worth the money . Advantages to the single column tank are : l) Lack of vandalism. Children can not climb this type of tank to paint it. 2) Storage space is available in the central cone. 3) The appearance of the tank is much more pleasing. In view of the tight finan~ial situation in the water utility fund, it is recommended that bid be awarded for construction of the mult~olumn tank. Stu Fonda , Director of Utilities William ~e&:rector o Finance /jlw attachments • I • • CDM •1>•a11•., ~ _,,.,,., ....,,..._....._ June 28, 199 Mr. Stewart Fonda Director of Utilities City of Englewood 3400 S. Elati Englewood, CO 80110 Dear Mr. Fonda: • • • CAMP DRESSER & McKEE INC. W111et's TDWef, S...te 1100 1660 Sou111 Albton Slreel Denv0<, Cok>rlldo 80222 303 758-4351 Water System Improvements 200,000 Gallon Elevated Water Storage Tank Reconvnendation for Award Enclosed is an Ozal id sepia showing the bid tabulation of the proposals for the design and construction of the storage tank in reference. Of the three bids submitted, that of Chicayo Bridge and . Iron Co111pany for Alternate A, in the amount of $362,800.00,is the lowest. Although we share Englewood's preference for the single pedestal supported spheroid over the multi-column supported spheroid, we believe the addi- tional cost ($62,000) is prohibitive in the existing circumstances. We therefore recofll!lend the contract be awarded to Chicago Bridge & Iron Company. Very truly yours, CAMP DRESSER & McKEE INC. ~ {?,.~~ ""'~. <{' Senior Vice President . WTF/COV/ps Enclosure • I • • • • - • • .\ .. · .. ;:,~; . • '··, .. fi.':_: · .. ·-·::· .. :: . .-,.f,,·~~r -:):' ;., '!: ···:.-1· ..... ?:: .... -. .. ~:·,'":':·:•· .. ·.:·:.·:·!·· .... ~. • ,! •· : :·•,'.. : : .l' ... ~!·~, :,,6, . ., 1·. 1!,: ., .~ . • . "I l{ f'. 1' : !-: .. } -~ .. ·1--------_.....,_. ____ .. ._ __ .,. _______ _ '-·. ·:.:: :, · .,. GAMP :J RE.S!3E:?. .:;l McKEE, INC. -----·'----, • • ' ·• ': '.. . · . [~!'l!R ON•.'c:''EAL fNW•r J.!":; O I V l~~I ON ~65 (• SJ _~li fH ALT.~!O N :; i hEf_ 'T' ~--~-------··· 'J iJ:.'hV!:R1 -;:q ~~·:,-f\,:.r '.:·: E . ..:~:NE ~R''".> I i ;:{:: .. c1 ,.. 781-~., . UiTlll'ATF i E.u~awooo ; Cci.o-DO I I I zoo,ooo ~ EL.e-1At.TED WATEe. ~TOANa£ TN>ltt:. -, . i. t"F! .~•.v:,.1~: ! •I •· • l f :Oo A .M., '! .;.', ,· :·· -.. I , the under1igned, her!!by certj.fy th.at the . &bo~•­ bid tabulationa are c a11plete and correct. CPA~ -:(' 7fo"'t' S.H .. r..aa.i., f.E., .Dialctnr of .UUUUa • ·---;---· --1 · -.:·. · .. • 1 _.I I -·· .; \ !1 r"1 :<:.ul.ll\/Ca1Mj,.,I TAMii. f. I 111>1 Wo1H$,: luc. 4'11@1 ,000 .· 0 ·w·,_ ·~ =.. P .~Sf.J1ac.,~ DE.~ Ho104~ ~,.UI. . ec...-'4Y "190,~ •· .J .. ·.,· C.;.,.:. :...-c... 8iaioc.5: a :· .. ,,.. C.D1"1 r:>11 ... ,,y 3cc-.2,eoc: • - • • CAPACITY 10l:J,000 GALLONS DIAMETER OF TANK 40 '•G, 11 "'. ro" DIAMfTH Of SHA" -..;;;.-------Ill ......... 8 11 1/i/$1JVrrl!I) ANCHOll llOU CllClf DIAMfTH PROPOSED • • • .:SOic.'Q ._ ___ 000111 (C.-1.) H 0 RT 0 N 9 WATER s pH ER 0 I oe FOR ENG1-IS.\vOOD 1 COLO. CHICAGO BRIDGE & IRON COMPANY : ~ (J\ ~ ~~ ti~ .. ! I: v < .. < v :I 0 I: 0 . e ~ .. VI 0 ..... .. ! I: v < .. < v .. e e • 6' ,• "' "' fQUIVAUNT IKTIONS MAY II UNO HT. NO./>$ 1515 DATf '•1JJ·7 2115 lfV·2 • I • - • • • CAPAOTY 200, 000 GALLONS DIAMETER Of 'JANK 36 :. 0 .. DIAMETER OF RISER ~!.tJ" . _ /f • Re 'IJ119. t'()L t/MNf COLUMNS • 'fzr·· STRUTS T C/0><15. !J ' C9>< //.S- COLUMNS ,1_g/' STRUTS T C/ZxctJ.? ('/{))( /S'.J COLUMNS ,102 .. ANCHOR BOl...T CIRCl...E PROPOSED • • • WELDED ELEVATED STEEL TANK POI RODS ;j;p RODS /~''? RODS .5"' lg¢; CITY OF ENGL E'WOOD COL.OR4.00 CHICAGO BRIDGE & IR.ON COMPANY ~ ~ I " & ~ ~ & e 11 11 • ..... ~ ~ l\) 'I ' ' ~ ~ '-"...:. lOUIYAlfNT SKTIONI MAY If UHD m. NO .L'JSl5/5o•n {,-1t--/ 2 S-4-J HY.·1 • I . • Chicago Bridge & Iron Company June 18, 1979 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Attention: Stewart H. Fonda. Director of Utilities • • • 200, 000 Gallon Elevated Water Storage Tank City of Englewood, Colorado Gentlemen: •••• ,1•. We have obtained a set of plans and specifications for this project and intend to submit our bid, in response to your advertisement, on June 2 7. 19 79. We note that an alternate bid is requested on a 11 spheroidal 11 elevated tank. We assume the intent is to obtain bids on an ellipsoidal tank similar to the one we built for the City of Englewood in 1961. It is our understanding that cost is a major factor in the City's decision on which tank to choose and for that reason the ellipsoidal tank is being considered. On the basis of first cost, it is true that this is a more economical tank. However, in the interests of the City we wish to point out some of the advantages offered by the Waterspheroid that are not available in the ellipsoidal elevated tank: 1. APPEARANCE . Water storage tanks when properly maintained have a service life of SO years or more. For this reason the appearance of the structure should be an important factor in its selection. The Waterspheroid combines a pleasing appearance with superior functional design resulting in a very desirable structure for elevated water storage. 2. MAINTENANCE. The Waterspheroid has less surface area than any other type of elevated tank of equivalent capacity and height. Thus painting costs are reduced . Further, the surfaces of this tank are smooth curves which eliminate the difficult and expensive painting of rods, struts, turnbuckles and handrails. The result is lower maintenance costs in years to come. 3. STORAGE. The base of the Waterspheroid forms a weatherproof storage area for spare parts and other equipment . In many instances this feature has eliminated the cost for a storage building on site. • • I • • • • Chicago Bridge & Iron Company Page 2 City of Englewood Re: 200MG Elevated Water Storage Tank June 18 , 1979 4. SAFETY. Safety cannot be emphasized enough. All ladders on the Waterspheroid are contained within the pedestal and access tube. A sturdy lock on the access door will prohibit entry by unauthorized persons and children. This feature results in a safer structure , giving the City added protection against injury and loss of life which could result from a fall. It also renders the tank inaccessible to would-be painters and pranksters. We offer this information with the request that it be made available to the Council and other members of the City Government charged with the responsibility of deciding which type of elevated storage tank to purchase. Based on the facts, we strongly recommend the Waterspheroid as it will fulfill the functional requirements as well as provide a safe, durable and distinctive structure for the City of Englewood. cc: A. Mccown , City Manager City of Englewoo d , Colorado gl • • ;::1£1':_ Walter E. Swanson Contracting Engineer I I • • • • - ~AMP DRESSER a McKEE IN<;:. BID COM PAR! SON SHE ET FOR, __ En ..... g.._l_ew_o_od_,..__co_1_o_ra_d_o_2_00 ..... _o_oo_Ga_1_._E_l_e_v a_t_ed_W_a t_e_r_s_t_or_a..::g_e _T_a_nk __ ' 1109 OP!Nt:O 27 June 1979 11100!11• Chicago Bridge & Pittsburgh-Des Universal Tank & ll ;QQ i},m, Iron Co. Moines Steel Co . Iron Works Inc. lllOllONO•~ Federal Ins. Co. American Ins. Co. Federal Ins. Co. COMPLETION TIM!• 300 Cal. Days 400 Cal. Days 365 Cal. Days 1110 IT[M QUANTITY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE PRICE PRICE BASE BID: 1-1 "toran° Tank Fn11nn;,tinn . IC:: <: 7n oc;n <: 7? n.11.n ~ 01 nnn 1-2 200.000 Gal. Sinale n-..J--...... 1 c .. ,....,..,..,.,,.. T--1 IC-?~1 onn .d1A 77n .,.,., """ - 1-3 Altitude Valve Vault LS 27,500 31,880 33.000 ~ 2-1 Chain Link Fence LS 7,500 7,800 8.000 I 3-1 15 " 0 Drain Sewer LS 28.400 38 975 40-600 4-1 Access & Perimeter Roads LS l _45n 6.410 F. Ann 4-2 Sandasoha 1t Berm 65T 3.?c;n 5.530 c; Ann • :::.-1 Misc. Work & f.leanun IS 3 ann 4 r;c;n 4 llnn \.._J TO TAL BASE BID $424.350 $585.955 $502.nnn .. .. • • ..........,.,.,.,,....,,,.., •• SCltr'lr1 ,..,.,.., .. • .-i1mu.,,,.n1 co'""''' UNIT TOTAL PRICE • • • - CAMP DRESSER a McKEE INC .. BID COMPARISON SHE ET FOR' _.;;;.E;..;.,ng'"'l..;;.ew;.;..o;.;;o..;;.d.:.., ...;C;.;;o..;..l o;;..;.r..;;a.;;.do;;..;.....;;.20.;.;0;.:.•.;;.00.;.;0~Ga;.;..l;.: . ....;E;.;..l;.:e.,;.v a;.;..t;;.;:e;,:;.d...;W;.;;a;,:;.te:.:r.....:.S.:.:to:.;.r.:.a g=..:e:....:..T.:.:an.:.:.k:___ BIOS 0 ,tuo' 27 June 1979 1!~0£11• Chicago Bridge & Pittsburgh-Des Universal Tank & 11 :OD a.m. Iron Co. Moines Steel Co. Iron Works, Inc. BIO BOND< __ 5%_ Federal Ins. Co. American Ins. Co. Federal Ins. Co. COM,L!TION TIM!• 300 Cal. Days 365 Cal. Days 365 Cal. Days BIO ITEM QUANTITY UN .IT UNIT TOTAL UNIT TOTAL UNIT TOTA L PRICE PR ICE PR ICE AlltKNAlt A: 1-lA Storaqe Tank Foundation LS $ 60,200 $ 67,150 $ 99 ,300 l-2A 200,000 Gal. flulti- column Storaqe Tank LS 230,600 316,465 219,700 TOT Al BASF Bin Al TFR tl AT E A Plus Items: 1-3, 2-1, 3-1, 4-1, 4-2 5-1 $362 ,800 $480,760 $418,000 SUPPLEMENTAL PRICES : Rock ~ Boulder Excavation CY 125 50 53 Fxr-"v n,.lno.o r,,..,.~,, ry ?n 10 10 Comoacted Granular Fill CY 35 18.75 20 Lumber Left in Place MFBtl 650 625 660 Leno th 36" 0 Piers FT ~uu ~'+~ ... --~\.. ... v Length 42' 0 Piers F1 HUU ~~~ ~ -··- • • -~'·'·~,,,._,,, ''""· ,._n,,.,.&. • 1n1n11i19meut t'Ol'I•.., UNIT ,RICE TOTA !.. n • • • CDM .... Qj ... ..,~~ --..a,,_~ June 28, 199 Mr. Stewart Fonda Director of Utilities City of Englewood 3400 S. Elati Englewood, CO 80110 Dear Mr. Fonda: • • • CAMP DRESSER & McKEE INC. W riter's Tower. Suite 11 00 1660 South Alb ion Streel Denver . Colorado 80222 303 756 ·435 t Water System Improvements 200,000 Gallon Elevated Water Storage Tank Recolllllendation for Award Enclosed is an Ozal id sepia showing the bi d tabulation of the proposals for the design and construction of the storage tank in reference. Of the three bids submitted 1 that of Chicago Bridge and Iron Company for Alternate A, in the amount of ~362,800.00,is the lowest. Although we share Englewood's preference for the single pedestal supported spheroid over the lllJlti-column supported spheroid, we believe the add i - tional cost ($62,000) is prohibitive in the existing circumstances. We therefore reconmend the contract be awarded to Chicago Bridge & Iron Company. Very truly yours, CAMP DRESSER & McKEE INC. L fi,~~ iMck-. <{v ....... Sen i or Vice Pres i dent WTF/COV/ps Enclosure • I • ·' • APPLICANT: • • • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS Community Arts Symphony Society Box 1222 Englewood, CO TYPE OF ACTION REQUESTED: Special Events Permit -Beer, Wine & Liquor August 25, 1979 7:00 p.m. -12:00 a.m. Cinderella City -Blue Mall POLICE AND FBI REPORTS: PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCWDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCM.4ENTS: Purpose of appearance is to set a public hearing ·date • 2 B I • • - •' DR L.§39 (Rev . 10/77) STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR SPECIAL EVENTS PER MIT INSTR UC TIONS · Answe r all questio ns on 1h 1s apphcat1on, t hen get t he approva l of your loca l licensi ng euthori tv (s ee last page) and al so the approval of your Colo- rado liquor enforcement o ffice r . T hen mail this complered app lication w uh proper fee t o the Co lorado Depar tment of Revenue , State Capitol Annex Bu il d ing, 1375 Sherman St reet. De nver. Colorado. 8026 1. Te lepho ne (303 )839.J74 1. • • • D o N o t Write In T h is Space LIQUOR ENF ORCE MENT OFFICE R 'S AC TION D ISAPP ROVED ------------ Da t e Licensee Telephone Number Officer 's S ignatu re NO PE RMI T WI LL BE GR ANTED UN TIL TH IS APPLICATION HAS BEEN APP ROVED BY YOUR LOCA L LI CENSING AUTHOR ITY AND YO UR LIQUOR ENFORCEMENT O FFICER ' Colorado fe es are : 3 .2% Beer -$10.00 per d ay ; Bee r , Wi ne end L iquor -$25.00 per day . Your local licens ing authoritv w i ll i nd icate the am ount of t h eir f ee A ll A ns "'e'' Mus i Be Punttd m Ink or Tr ptwfl tttn S ~~h ;~m1t;,.e you appl ~~: .. ~ DA 3 .~ B eer~e ~~jl~r 1. Applicant Ltrnyyyr&"=f 0/?,U ~S__{/ :'T~n e N um ber 2 Tra deName(1f any l r~ ... ~ II~ ~ Address P, fl fi<N? / ;J. J ;J C ity '¥J County ,17~ 3 . 4 . 5. 6. Colorado . A ddress of place t o have t emporary permit. (E XACT LOC ATIO N OF PRE MI SES MUS T BE GIVEN .I G ive street and n u mber ii poss i ble . If pl ace IS located in a tow n or rural d1s1rict where 11 is impossi b le to give slreet and n umber , the lot and b lock num ber or par t o f se ct ion whec~zzz · F~ 70 I tV If~ ~ fW./ City or T o wn ~a;rur/ · County d/)r:yaho-f' Colorad o . The EXACT d ay (s l f r wh ich apphca11on IS bei ng made for perm it (no more th an two days): From /1~. ~ 5'1197 ~ 7fm j; to~ ~),fl, 1'7 71 /J. J14w,~f- e Hou r O ate Hour Fro m D•t• H o u r tO ------oo"'a'°'t.,..e ---------.,.H'°o""u_r _______ _ Do y ou have lega l possesS1 on of the prem1Ses f or which th is appl ication is m ade ? -"'ljl/4,..,,.'Jlr.<L--"l{:'""v;"'.._ __________ _ 7 . Is appl ican t organ iz at ion incorporated u nder the laws of t h lS slate for pu r poses o f a social. fra t ernal , patr io1i c, pol iti cal. or athle t ic n atu re , not f or pecuniary ga111, or is i t a regularly chartered branch , lodge , or chapter o f a n ationa l o rga ni zatio n or soci ety organ i zed for such purposes , be i ng non.profit in na ture ; or is it a religious or ph i la n thro p ic inst it ution? \Zi Y es 0 No 8 . If 1he app licant is an organizat ion incor por ated in thlS state for "non·pecuniar y " (non ·p rofit) purposes. answer (a). (b ) and (c). (a) O rganize d unde1 the l aws of the Stale of l J~ b Date (bl Pr inci pal busi ne ss is condu ct ed at ~ ~~ • Co un t y t4rn.{JCt,,/1.J)·~- (~, (c) Complete t he following in detail : TITLE IRTH O ATE PRES I DENT VI CE .PRE S. f/·).'>.-(b TREASUR ER SECRETAR Y w ~. MAN AGER 9 . Are the ex is t ing license d fa cilities of applicant o rganization i nda~uate for se r vi ng me m bers o r guest of the organization by reason of the nature o f the specia l event whi ch is sc heduled? :'W:'Y es 0 No , 1 _ __ _ · D.,,\.4 ,,,J ~ , ~r-1o q, • • I • - ( • • • • 10. Are the pre'i,_is,e s for wh ic h appl ica11on is made now lice nsed under the State Liqu or Law or the 3 .2% Beer Act? D Yes l.ANo If yes , to wh om is the li cense issued? State License Num ber 11 . Ha s any special events permit been is sued t o you withi n th e current cal end ar yea r? D Yes t8" No If yes, for how many days? STATE OF COLORADO J Countyof A~ and Ted Ma1211 cant above named ; or that he is . bein ~~rst duly sworn, if fer h imself , deposes and says ; that he is the apph· Pve •;I of the a bove named corporat ion ; that he has read the foregoing application and that he knows th e contents th ereof. and th at all matters and th ings therein set forth are true of his own know· ledge , and he agrees to conform to all rul es and regulat ions promulgated by th e DEPARTMENT OF REVENUE IN CONNECTION THEREWI TH . SUBSCRIBED ANO S WORN TO BEFORE ME TH IS DAV OF 19 ----- Signature o f N o tary Publ ic Presi dent o r Secretary (Attllth 5.,q M V C OMMISSION EX PI RES ----------- INSTRUCTIONS: If the p remises are locatwd w ithin a city or town , the approval shown below should be signed by the Mayor and Cl erk. If the premises are located in a county, then th is approval should be signed by the Chai rman o f the Board o f County Comm issi oners and the Cler k to the Board . If, by ordinance or otherw;se , the local licens ing au t honry 1s so m e o ther o ff icial , t hen such approval should be sig ned by such official . REPOR T AND APl'ROVAL OF LOCAL LICENSING AUTHORITY The foregoing appl ic ation has been e•amined and the pre mises, bu sine ss co nd ucted and character o f the appl icant is satisfactory, and we do report that such permit , if granted, will comply with the provision of Ti tl e 12, Art icle 4B, C.R .S. 1973, as amended . Therefore the forego ing application is hereby a pprove d . DATED AT THIS ---------- NAME OF TOWN , CITY OR COUNTY BY ATTEST : • DAY OF ------------, A .O . 19 ---. Mayor or Chairm an of Board of Coun ty Commis sioner s or T itle o f Other Licens ing A uthority Clerk or Secretary or Other Office Having Offlclal Seal of th e Licensin g Authority • I • . . ~ • 'IO: FRJM: DATE: • • • Andy ~Cown, City Manager ~ Hugh Brown, Administrative Assistant July ll, 1979 SUBJECT: CXM:um.Ti ARI'S SYMPHONY MUSICAL WEEKEND -"ENGIEWOOD LIVE" The Camunity Arts Synphony will be present at the July 16 Council meeting to request a special events liquor license for the symphony concert in the Blue !lall on Aueµst 25. In addition to the concert, there are numerous other l!l.ISical events starting on 'lhlrsday, August 23. The nusical event is entitled ''Englewood I.1.ve" and is intended to st:1m..llate cormunity awareness and support for the synphcny o.s well as be an enjoyable experience for those who live and work in Ehglewood and surrounding COITJll.IJ1ities. The program is ani>itious and, if successful, hopes to becoma a self-supporting annual cultural event. Publicity will soon begin in the ~ia and am:>ng Ehglewood services clubs and other oI'E}lllizaticns. Coverage w:l .ll coma fran newspapers, radio, television, mailings, stuffers, handbills, posters, airplane and balloon banners, photo contest and ITDbile live 1111sic with signs. Following is the schedule of events. If Council wishes, the prof;['a!ll could be discussed with syrnphony representatives M:lnday night. M?OOay, August 20-Wednesday, August 22 Musical group (Syncopators) traveling in ITDbile trolley car around the downtown area fran noon to 1: 30 publicizing the coodng weekend. 'l'tuJrsday, August 23 Two nusical groups ('fuba ~et. Centennial Brass Quintet) will perfonn at four locations to be located near South Broadway, the 1st National Bank, Continental National and Republic National/Columbia Savings f'rom noon to 1:30. Belleview Park-Picnic/Concert f'rom 6: 30 -8: 00. Fami l y orientation with spec:tal invitation and transportation arrangements for seniors. (l'otlsic by Steve Halpin and Orchestra) Friday, August 24 Cushing Park-Chamber of Ccmnerce brown bag luncheon for members from noon to 1: 30. Public also invited. (M..tsic by Stan Freese and Challpagrie Strings). Street Dance-Miller Park, from 8:00 P.M. to 12:00 P.M. (Music by Malcolm Smith Bandwagon) Saturoay, Auc,i.wt 25 Children's Concert at High School f'rom 9: 15-ll: 30. (Music by two groups: Walter Charles "Music Magic" and Malcolm Smith Bandwagon). M..isic in Cinderella City from 1:00 P.M. -2:30 P,.M. (M..tsic by Bob Davine Trio) . • I • • • • J • • • • Page 'I\olo CXMIJNITY ARTS SYMPHONY MUSICAL WEEKEND Pop Caicert 1n Blue Mall at 8: 00 P ,M. (MJsic by Ccmm.mity A.rts Synphooy) • In addition to the Clty's cootributions (which is being applied exclusively to the Saturday everililg concert), support is being sought f'rom businesses, service clubs• am other ozwmizaUans. Furxls which are applied toward paying the nus1c1ans 1n these events will be matched by the M..isic Perfornance Trust Pl.Ind, If Council has questions concerning these activities, perhaps sane t1me can be fc·und during or af'ter the liquor license presentation. Ted Jltmn, the Conmmity Arts Synphcrly President, Terry Scl'lrl1dt, the chaiman of the planning conrn!ttee, am Elaine Good of the Synphooy Board will be present ftbrxiay evening. /ss cc: Jim Curnes, ~ss't. City Manager ·, • I . - • • APPLICANT: • • • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS Old Towne Liquors, Inc. 225 E. Jefferson · TYPE OF ACTION REQUESTED: Retail Liquor License Change of ownership by incorporation of existing business POLICE AND FBI REPORTS: Attached information on Mrs. Robert Mcintyre PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARs, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCJAMENTS: I . • • • DO Nor WRITE IN fHIS Sl'AC-E- STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR A LIQUOR LICENSE fh /s application must be fikd with the QJlorado Liquor Enfor« DMslon, Stat• Cllp//ol Annex Bui/ding, 1375 Shermon Sttut, ~nwr, Colorado 80261, U/tphon• (303) 139-3741. No lle<nst will be granud until th• appl/C4tlon has be•n approved by th• L.oell L-ne Authority. IMPORTANT : CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE(SI llEING APPLIED FOR. THIS IS AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN YOUR Fl LES FOR REFERENCE WHEN APPL YING FOR RENEWAL LICENSES . lt RETAIL LIQUOR STORE LICENSE -Cltv 0 RETAIL LIQUOR STORE LICENSE -Countv 0 LIQUOR LICENSED DRUG STORE -City 0 LIQUOR LICENSED DRUG STORE -Countv 0 BEER a WINE LICENSE -Cltv 0 BEER a WINE LICENSE -Countv 0 CLUB LICENSE 0 LIMITED WINEl'IV LICENSE 0 WINEl'IV LICENSE 110,000 Bond Roqul•edl 0 WHOLESALE BEEl'I LICENSE' 0 WHOLESALE LIQUOl'I LIC . ($10,000 Bond Roqul•ed) 0 DISTILLERY LICENSE ($10,000 Bond l'loqu l•edl 0 l'IECTlfllR LICENSE ($10,000 Bond Roqul•ed) 0 IMPOl'ITEA'S LICENSE D lll'IEWIRV (llEER) LICENSE s 21.00 • 210.00 • 500.00 $1000.00 $1000.00 $1000.00 s 250.00 s 250.00 0 HOTEL a RESTAURANT LIC . -Cltv a Countv 0 TAVERN LICENSE -Cltv a Count-; 0 RACE TRACK LICENSE 1177.tlO S292.tl0 S177.10 1292.tlO 1112.10 1237.tlO 1110.00 $301 .21 1301.25 $301.21 1110.00 0 PUBLIC TRANSPORTATION LICENSE ('l•ne. bu1, car) -h ..... s 21.00 D ARTS LICENSE •Moy Rtqu/re Bond The underslgMd herrby makes application for a state license as Indicated above, under the provisions of Title 12, Article 4 7, CRS 1973 as amended, and for that purpose makes the following ans-rs to the questions contalMd in this application. Every applicable question must be answered. Any false ans-r or statement made by the opp/leant constitutes perjury and the person making su ch false statement subjects any license Issued herein to revocation. ALL ANIWElll MUST BE PRINTED IN INK OR TYPEWRITTEN Sociol Security No . ------------ 1. Nome of Applic8nt(1I : __ ...;O...;l;;..d;.;_..;T...;o;;..w;.;..;.;n'--"L;;..l._· q...._u_o_r_s"-",_I...;n..;....:.c...;. _____________________ _ Same B1.t1ineu Telephone: 789-2804 3 . Adctrlm of piece to be lk:ented : (Exact Loca t i on of prtmlsu must tH given. Giw str•t and number, where ponibfe. If place to be ltcenMd is located in 1 town or rur1I district where it i1 impoaible to give street •nd number. the lot and bhxk number or pert of MCt ion where lo- cated muot be given : 325 East Jefferson Avenue 4 . City or t<>#I : __ E_n_.g,_l_ew __ o_o_d _______ zipCodo : 80110 Coun1y :_A_r_a_p_a_h_o_e _______ Colo. Moiline Addrea: _s-...a .. m=e.._ _______________________________ Zip Codo: ----- 5. Do you hew •• ~ion of the premi1e1 for which this epplicetlon for license is mede7 (]t vEs D No 6 . Aro tho inmi.-0 OWNED (2 RENTED 7 If ren1ed, from whom : JeanSCO Investment Company 7 . 11 -'icant(1I or oil officers of tho corporation citizon(1) of 1ho United Stotn7 11!1 VES D NO 8 . 9. If •nlWW II no, t1YI Allen 's Aegl1tr•tlon C1rd No. It the epplicent, or 1ny of the pertner1 or officers,...nockholden or directors of u id applicant lif a corporation) or employees of any such undor tho l(IO of t-ty-ono v-•7 D VIS "" NO Hal the 11PPl imnt. or env of the pmnnen or afflcen. stockholders or dlrecton of uid applicent {if a corPQr1tion) wer been convicted of• crime lnthostoto .of Colorodo or ol...,..oro7 D YES 13 NO If •n-11 vn. ltOtO full details: --------------------------------------- 1 O. Hos tho -lican1, or onv of tho port-• or officers, diroc1on or 11ockholdon of uid -licont (i f • corporo1ionl owr: (ol boon donlod o llceNO u.-thi1 llqu0t i.w7 DYES ct No ~ (bl heel en elcoholic -·I-.,_,_ or revokod7 0 VES Qi NO If on-is yn, OKplain lattech _..o ohoet if n--rvl : ----------------------------- 11 . Aro t-prom!-,_ llcenod u.-tho Stoto Llquo• Low or 8-Code7 1111 VE& 0 NO 11om-11 v•. to wllom is tho licon• iuuod7 --'R:.:o=b:.:e=r..:t:.....;L::..:·--=M=c..:I:.:n=t:.iy-'r:..e;::... __________________ _ StotoLlcenteNo. -~1~2~3~1~7~9;:_ _____________________________ ~ • I • 12 . 13 . 14. • • • 'Doyou-•c.kndn...__TuAccount? DYES DNo 11e-i1yn,gi .. AccountNo . Sales Tax Application has been made. Do you or eny ....-of your t.mlly "-1 li"'""ill intlfnt in any other liquor licenoa? 119 YES 0 NO (Suell In-1MY inc:ludl 1ny 1q11ity lntentst or I01n .I llth•-i•v•.•xpleinindetlil: Robert L. Mcintyre, president -sole shareholder, is owner of license I ~~Q f~':'s OI" ~ion have• financilll interest, evidenc«I either by loens Of equity ownersh ip in the bu1ineu. for wh ich t h is Hcen1e If the •nlWlf ia v•. It.ate the nemes , eddreu and emount of such financial intet•t expreued e ither in dollw1 o r other itema of v .. ue, such• inwn · tory, furniture, fixtU:fft end equipment. (U• seperate sheet if nec ... ryl : 16. List the ---of Ill --in which eny ol tt. -·in thl prlVM>ul q-tion •• intlfnttd. IUM -It• it.wt ii ....,....ryl : 16. Notne Business Addrtss None Are theel prem'-I~ within 500 f•t of any premises occupied bv a publ\c or perochiel IChool , or the p ri ncipel campu1 of .nv college, uniYer· 1ity or '""'in1ry? 0 YES l:JtNO lf1nswar i1y .. ,explain : --------------------------------------- 17. Do you"-a Drue Stor9 Lico-i-by th e &!ortdo State Bol!d of -IMCY? 0 YES Gi NO LiconslNo . 18. ..... you Of do you employ. Rogist-Phl!"11C ilt in thl Stlte of Colortdo? 0 YES 13 NO II vn. giw Licente No . -------- 19. IF THE APl'LICANT II AN INDIVIDUAL, ANSWER THE FOLLOWING : Ill GM the -· --(including city I ond dlte of bin h of the -lo cont . No-of A p p /lamt Hom e A ddress • City Do i• of Birth lbl 11 -of IN bull.,..," not!"• -liclnt, •-the foll _,. -of "'-Ho rM Addr<n • CJty Dot< of Birth JO If' T .. ~!CANT IS A ,ARTNERIHIP, ANSWER THE FOLLOWING ; 21 . .. · • Ill GM tM -· -Cincludingcltvl and dot• of b1 nh of -port-t---11 -vi . ,..,_offlwt-Ho llt' A ddrUJ I Cit Dot< of Blrrh lbl Qiwo the-· -(illduding citvl and dote of birth of the - Nomtof-~r Hom e Address & City Do rt of Birth tel -did -.-n-ship t.•-• husbend and wil e _,_ipl .--doiflt bu-.? (Submit a copy ol tM .-rt-ii> ogr_,t with th is opplicltion .1 IF THE Al'l'LICANT II A CORPORATION , ANSWER THE FOLLOWING : I.II Corpontion is orgon iztd -the lows of the Stote of Colorado Dote : _ _.M .. a ..... :,r.._..,2 ... 2 _ _.1_9 .. 2..._.9..__ lbl Principolbu-ioconducttdot 325 E. Jefferson,~~n~:;'0 2~apahoe .St1teol Colorado lcl Dote ol lilino 111t 1nnU1l corporato report to the Slcretery of Stoto : _..,n.,e::.:W..._..::C:.:O=r..i:po=r::..::a::..;t=i.=O;..:n.:,__..:n:.;;O.:::;..:t:;....;;;;a"'p'"'p"""l..;;i::..;C::..;a=b'-'l::..;e"'"-- (dl List the neme , home -Cinclud ing city I and dote of birth for each of the olfic9-s listed below : Nom< of Offlur Hom< Addross & City Dot< of Birth Prnld•nt. ......,Ro::o,.b.,.e""r"'t"-'L::.:. • .....:.:M::::c;.;::I:.:n.._t::;.y._r::;.e::::... ____ 3_1_4_0_S_o_. _o_a_h_l_i_· a~, _o_e_n_v_e_r ____ 7_-_1_5_-_3_0 ___ _ v1c......,..i ... 1• Lucille F. Mcintyre _____ _..s .. am ........ e..._ _________ 6_-_2_4_-_3_1 ___ _ T, ....... , Robert L. Mcintyre Same 7-15-30 secretary: .;-- Lucille F. Mcintyre Robert L. Mcintyre Same 6-24-31 Same 7-15-30 • I • • ~ .!'-. • • • ~.- 1•1 Litt ell stockholders owning or controlling th• cepiul stock of the corpor•tion. Include .:tuel owner or pledgu. IContlnuo on --if -ry.I Name of Stocltholdtr Robert L. Mcintyre (f) Litt •II directors in the corpor•tion . Namt of Director Robert L. Mcintyre Lucjlle F Mcintyre P.lbert Thomas Hom• Addrtss cl City 3140 So. Dahlia, Denver (Continue on seper•te sheet if necesury .) "Stock 100 Da tt of Birth 7-15-30 Ho,,.. Addrtss cl City Datt of Birth 3140 So. Dahlia, Denver, CO 7-15 -30 Same 6-24-31 5341 E. Caley Ave., Littleton, co -!-'f• '=tO 22. When did you purci-ar 1tort -roting thi1 bulinou7 Dato: _....:;N:.:e::;W""------------------------- lf purchuod, from whom7 ----------------------------------------- 23. Give the nenws of thrN retp0ntible cl\enlc:ter references who e11n vouch for your quelifie11tion1 ind dellr8bility • e licensed operator, showing the numlMfr of, fl'Nrt you haw known eech . . . '!'1.1' bf R~rd.•-! , ·: Roland r~rer Address (Include city, stott ond zip) No. Ytors Known _' : ·oc',J'gi,g. K;. }'autz 3333 So. Bannock, Englewood, CO 2491 So. Jasmine Pl., Denver 80222 5760 E. Sanford Cir., i8~t8wood 9 vrs. ~ -:_ $,~.~ J," pe;&'tj.r '-· -; I , , .= yrs. 'i+:"' Litt btloW your buliMll or employment record for the past f ive VNn (Use separ1te sheet if nec::t1Ury .) '.;' A,rm Nam e .& ~6&6~ss Your Position Dau Employed Sup'.rvisoi';'s..Ndtpt\ '•,,,,yew c.orporation -not applicable _______ -----:;,, ~ ·-. IF THIS Al'l'LICATION IS FOR A CLUB LIQUOR LICENSE . ANMER QUEITIONI •THROUGH la. A club mmns 1 corporMion which has been incorPoreted tor not leu then fiw v•n. and llltilh ich hes hed 1 membership th1t has peid du• for 1 period of It -five.,_., -which, for fiWI y.,., ha been tho owner .I-. ar oocupont of on OIUlbliohmont -•ted oololy for object• of netionol, ooclol , frotornol, potriotic, politic81 or mthletic neturo, but not for pocunlory goin, end tho pr-rty, •well• tho odvontagOI of which belong 10 mombor1 . Aloo, o club rnoy bt 1 corpOrltion which i11 regularly chartered br1nch «lodge or chapter of 1 n1tionel or .. niution , which hu operated solely for the objects of 1 petriotic or ff'8ternal Of19"izetion or toeifty. but not for pecun._ry g1in . 25. St.mt• the nemes Md r..tdlnca of principal officers of uid aipplicent together with the office held of uid person.: Nom• of Offlc., Hom• Add,.n cl Ciry Offict Datt of Birth MANAGER 26. St1t1 the n1rnes and residences of the directors or tru1tM1 of u id applicant org1nlHtion . (UM 1epar1 te lhMt If Meftllry J 27 . 28. 29. 30. 31 . 32. !.. • Namt of Dlrtctor/ frustlt Homt AddrtJS & City Date of Bi rth 11 thl 8PPlicant org1niution Gperlted 10lely for 1 netlonal. social, fr1t1rn ... patriotic, poll t iClll or 1thftltic purpote and not for P«uniary gm in7 0 YES 0No St1t1 whether members of uid club or auoci1tlon 1r1 elected at regul1r meetings of members or by the bo•rd of d irectors or other governing body or in whit m.nner members •r• IO etec:ted : St1t1whether1n . initi•tion fM 11 peid to acure membership in u id club ind th• .mount thereof :---------------- St1t1th•1nnual dun or fNI peylblt by members of •id club for tuch membership : --------------------- How long hH-llcont occupied proml-10 bo llcoMOd Olo club7 ~~d::=; br~E': br~'6 · winery or whol111l1r have any direct or indirect fln1nclal int1rst in the butine~ for which thi111PPUc1tion • I • • • • - IF THE ,YPLICANT IS A MANUFACTURER OR WHOLESALER. ANSWER OUEmONI 33 THROUGH:.. 31. Since -dote hol opplicant occupod premi181 to bo licentodl 34. Doo1 opplicant own. -or operate onv _,..,.,.,..or otorogo plont In connection with Its IKJOl,_I 0 YES 0 No If•-is v• .... -ils: 35. Don the mpplicant (or eny of the pert.Mr1, offk:er1, director• or atockhokten of •id .,pUC8ntl hft9 1ny d irect or Indirect financiet interest in th• IKJll-of .iu,. 1111lt, .;,_.or IPiritouo liquor at retolll D vu D NO 38. Does the mppllcant (or any of the pertnen, offk:er1, dirctors or 1tockholder1 of •id CtPl'cant) haw 1ny interest in any other winery , brewery . diltill"'V or onv retoil liquor -iohmontl 0 YES D NO Do any of them_.., either directly or indirectly . in whole or in pen, the promi-to bo occupied bv tho oppliclnt <>< ony of tho fixtures/ 0 VU 0 NO 37. If..,_ ii voe. g; .. -11: 38. To what Col<><edo --do you intend to ohip your morchondioel 39. An you the prinwy ...,,.. of oupply in the U.S .I 0 VU 0 NO AFFIDAVIT (This affldoWt Is to~ signrd and ocltnowltdgtd by lndl.,iduol, toch mem~r of portntrship and by corporation oppllctmts.} STATE OF COLORADO Countv o1 Arapahoe SS. ROBERT L. Mi:.'-"±NTYRE •nd being by nw ftnt duty IWOl'n,..,.tuc hhiwlf, d9poses 1nd uy1 : •• t i1 tlila .,rar1t • u ud, u; th•t he i• {title) __ p._.r .. e .... s ... ; ... a .... e .. n ..... t ___ _ of the ebow nemed corpor'8tion; thlt he has,,_ the foregoing application end that he knows the contents thereof, end thet ell metten end thin91 therein Mt forth ere true of his own knowledge and he egrMS to conform to •ti rul• end r9gUlations promulgated by the Stet• Depanment of Revenue in connec· tion therewith. SubscrlHd and swcwn to Mfor• tM REPORT AND APPROVAL OF LOCAL LICENSllllG AUTHORITY (MonufoctunTSi wholesalers , Importers and public transportation systems disregard thi s stet/on.) ...... -tc6APOAATE sEh,. .-: i • ~ ¢ Th• foregoing epplicmtion ha bler1 examined end the premi1et. busin .. conducted end ~ecter of the applicant 11 utisfectory, and we do repett that such licenM, if gr1nt9d, will meet the ~ requirements of the neighborhood and the desires of the inhabitants, and complin with the provisions of T itle 12, Aniclo 47 , CRS·1873 •-ndod . THEREFORE THIS APPLICATION IS HEREBY APPROVED . Dated at ------------this ------day of --------------,A.O. 111 --. AT: ---------------------------~ (Nun• of town, city and county) BY : ------------------------------(Mayor, chairman of board of county commlulon•s or other tltl• of llcenlln1 authority .) ATTEST :---------------------------~ (Clerk, 11Kret1ry or other offk:er having the official IUI of th• llc1n11ne authority .) (If the premi1n are loceted within a town or city. the above approval .nould be 1igned by the mayor and clerk; if in a county . then by the chairman of the 't..•d of .. county commitlionen 1nd the cl1rk to th• boerd. If, by ordinance or otherwiu, the local licensing authOf"ity is 10m• other officiel . then tuch ..,. P<OWll ;·•ould bo given bv ouch olfici1l.I • • I • • • • • SUPPLEMENTAL FORM FOR CORPORATE APPLICANTS Date: May 17, 197 9 In the case of any corporation, the stock of which is offered for sale to the public, the requirements of Sections 6, 7, and 9 may be waived by the City of Englewood for reasons of administrative necessity. Q 1 . Name of Corporation :_0_1d_T_o_wn_L_i_.q~uo_r_s_.,_1_nc_. _________________ _ 2. Trade name, if any: --------------------------- 3. Address of Corporation: 325 East Jefferson Avenue, Englewood, Colorado 80110 4. Name and address of agent for service of process: Robert L. Mcintyre 5. List below all directors of the Corporation during the last two years: Name Home Address Business Address Date of Appointment and Term Robert L. Mcintyre 3140 S. Dahlia St. 325 E. Jefferson May, 197 9 lndef. Lucille F. Mcintyre 3140 S. Dahlia St. 325 E. Jefferson May. 1979 Indef. If additional space is needed, use a separate sheet. 6. List all promissory notes and debts greater than $500.DO of the corporation other than amounts due and incurred within 60 days of this date for food, liquors, employees' salaries or supplies. Amount Name of Creditor none Address of Creditor For what was debt incurred Date debt incurred Is Debt Secured If debt fs secured, state how secured, date of security and by whom secured on a separate sheet. (_ 7. State sources of all necessary business expenses and costs: (a) Payment on lease or real estate loan: _______________ _ • • I • ( 8. 9. • • • (b) Payments for all fixtures: ---------------------- ( c) Payments for all furniture: ---------------------- ( d) Payments for all bar and restaurant supplies: -------------- ( e) Payment for all employee salaries: ------------------- ( f) Any additional expenditures: __________________ _ Is there a written management agreement or contract? _____________ _ Yes No __ ~xx"'------ If there is a written management contract, a copy must be attached to this application. If there is no written management contract, a statement must be provided detailing the oral management agreement, including the managers authority, responsibilities and limitations. (The President and sole shareholder will be the general manager and will have every legal authority and responsibility , wit hout limiation. List names of all stockholders for last two years: Name and Address Type of stock interest Consideration given % of Corporate for stock per share stock owned Date Stock Acquired May, 1979 Is Stock Pledged Robert L. MCintyre $1 00 1 OQ"L po If stock is pledged, state name and address of person or entity to whom pledged and tenns thereof on an additional sheet. If additional space is needed to name all stockholders, use a separate sheet. 10. List names of all officers for last two years: Name and Address Office Held Date of Appointment !Ro be r t L. Mcintyre 3140 S. Dah lia St •. Denyer. Colorado 80222 • President -Treasyrer May 1 979 Lucill e F . MclnTyr e 3140 S . Dah l i a St, Secretary -Vice President May 1 979 11. Has the corporation, any officer, director, manager, entity, or stockholder owning or controlling 10% or more of the capital stock of the corporation been adjudicated bankrupt, entered into a "wage-earner plan" pursuant to Chapter XIII of the Federal Bankruptcy Act, or made a general assignment for the benefit of creditors during the past three (3) years? Yes No xx If the answer fs yes, please explain fully on separate sheet . • I • • • • - INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background information questionnaire are true and correct, and I understand that any falsification or misrepresentation will result in a re j ect i on of this application or revocation of l icense for which applied. _ ~~J'lnL~ pcan signature S -17 -'17 Date • I . - • • • • • • RESULTS OF INVESTIGATION POLICE LAB Completed by: __________ _ Date: _____________ _ INVESTIGATION DIVISION Investigator: __________ _ ( ) Fingerprints ( ) Photograph Conrnents: ___________________________ _ --------------------------·--- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ~ Approved ( ) Disapproved • t;" (), J I I • • • - • • • May 23 , 1979 TO WHOM IT MAY CONCERN: This letter is an intent to describe to you the personality and character of a very fine personal friend, Lucille Mcintyre. Before Lucille was a close friend, she worked for me as an employee . Not only was she loyal to our efforts, but maintained a rapport with other employees and customers that has never been equalled in any of my efforts since. Mrs. Mcintyre worked for me for seven years, thus, I became very familiar with her personality. She is a remarkable outgoing woman that has grown in maturity since our introduction 27 years ago. Personally, I could ask for no better friend and would rank her honesty , loyalty, integrity, and straightforwardness as equal to the most favor- able people in our country . Lucille is also patriotic and, basica lly , I am hono r ed t o have her as a friend • • • I • • • • - • • • • • • Z.Y° 1'17'J J To w~ J..~ ~ ~---: ..-l -to..·._~~~~~ t: ~p~_-D_,:~ ~~~~:.: L;;J:; ~ -GJi..f2u.~ -tc, o-1-Ar-A,, ... _, ..12~ otta >-""' c-... a-_ tM.)4.)~~ A -f Q. c:;g-_a,'6:)- ~ Q.. ...(..O.IU.~. _l. Q..w_ ~ ........ ~'12. 4.e&:f~~ ~~ ~ ~JJ....u..~~~ ~~ ~J-.-:>~~ 'T'.-~ ~ f~ <>f ~ "M.~ ...p..; Q~ rL-' ~ ~ -U>~ ~o-JJ... ~ M!)~ ..e:RA4~ O··"' ~ 8.. ~ of ,,.:;t°o.JA ~o .1 _l ~~IL ..i..M.-~ ~ <>ff~ 4b \t.l-"4.. 14{_~1~.12..- f o-1-~d ~~ ~~ e_a...--Vc:a-4~ ~--I-~ Q.6.-A---/-41.A~p.-..t..~~ ~ ~~...IA..IL-L ~r~..:l_..LCV . -. e--l ~~ ~ ~~ c~~ o-P ~-~L.~"""'~ ~~~~ ~j_ ~'­ ~Q.~~ ..._~ ~ ~o:t; ~-~ -t:o ,./~O~ ~ ~_.r ~ r6~~ c:>f t{:4A-Z . • I . I I . • • • .. • TO irnoM IS MAY CO NCERN: I have known Lucille Mcintyre for some 35 years as a classmate and a friend. Through those years Lucille has shown her willingness to help with whatever problem or project that may aris e be it family or friends. Lucille is of excellent character. Truly a n honest and sincere person. ~~~ ili-t.ti- Elaine Calvert 5350 East 52nd Avenue Commerce City, Colorado 80022 May 24, 19 79 • I • • • • • • • - • • l>sPAllTMBNT OF STATS • • • CERTIFICATE· 9, MARY ESTILL BUCHANAN, fJJ~e ltMJI o/ [/Jlal,e o/ Ike [/Jla/,e o/ ~ lu#et, ~ lkl tlu? jt11e1te9uio iled /o1t the ~ o/ dtil> cedi/icde ~ kt>"' fitl/l,'1/er/ in com/tliance 0illt kuo and aw /OUJnd k wnjbwi kJ /o,u;. AC«Ytdin!Jly, Ut e u~ule-Mir~ by 1<t:d,u e o/ llte aallunio/f ~ed/ed Mt me /,y kuo_, hetteJ.y ~ A CERT! FI CATE OF INCORPORATION TO OLD TOWN LIQUORS , INC . ~ • ,. t •• : .. ~ ~ ~ ; '... -. }~ .. ? : ... ~·· ' ' ' ., ., .. -~' . .. ' . ' ' ' ' . ' ' DATED : MAY 22, 1979 I . - • • • • • • 22 :·:AY '73 r-f .J-/ ARTICLES OF :1.1.::iru>oR.;::1os OLD TOI>~ LlOUO RS, me. KNOW ALL MEN BY Ti-!ESE ?RE SENTS, thiet HARRY J. hTWELL , for the p ~rpose of forming a co ~~oratjon pu r su- ant to and in co~form i t y wi th t~e 1aws of t he State o f Colorado, d oe s hereby certify as !o ll o~s: I . Tlie n a.rne of t.his COriJo:-a tjon is: OLD TOh"?J Ll QUO RS, INC . l I. This Corporat1on shal l have perpetual ex istence . l I I. The nature o f ~h e bu sines s, the obj e cts and p ur - po s es of the busi nes s to be t1ans a cted , promoted , deve lo ~e d and performed by th e Corporation , and ~he powers o f lh e Cor- porat i on a r e as foll o~s: (A) To conduct , ngage in and carry o n the s enera l busineos s of o,:-erating a ic.ta1 l l .l suor o utl et and all neces- s ary an d proper busi~css ~ct ivitie s relating to the pu1c~~s e and sale of i tems necessary for such business. (B) To p u 1ch :!s e, or o !.hen..-is e aco u1r e , o ¥rin, h o ld , r .anag e, develop , and s ell , lea~e, e:1-:-.lrr.~e r, "o r otheri..·ise Cis- pos e o f ~~d dea l jn , p 0 1 ~c·~l p 1 o~e rty of every kind and de- scr iptlon, tang\. le or ir:~r.,gjble , .-:.n d lncludlng , but no t limited to, stock, stock r i ghts, O?tions or ~arrants , de~e n­ tur es, bonds and other o bll~atirn~ and ~ecu r itic s or corpo~a­ ~ion s or other entiti~s , ~hether in co:1n ection ~i h or inci- den t or related to lhe fo rc3 o ing · 11 1r csPs or othe:~ise. (C) To purchase , or ol h 0:wise a c qu _ire , c · .. ;n, hold, mana ge, deve lop, and se ll, l e::tse , enc t~!'Tl.O er , or othen.:ise Cis- pos e of and dea l in , re al pra?C'rty , ~h e th ~r irrproved o r u n- improved, an d any in t erest ther ei n of every kind and des c r i p- tion , ~h~lher i n conn ec tjon ~ith or inc1rlent o r 1·elated to t he f or~going pu rpos~s or other~1se. I • • • • (D) To invest, on b e h a l f of itse l f or others , in a ny for m, a ny pa r t of i ts capi tal a n d s uch a d d i tional funds aa i t may obtain, in any corpor ation, assoc i at i on, pa r tner- sh ip, joi nt v entur e , entity or bus i ness venture of any k i nd or c h a racter, a n d o t h e rwi se acq u ire an interest i n any suc h bus i ness o r bus i n ess v e n t ur e as the Board of Directors may f r om t ime to time deem conveni e n t or p roper, a n d a c t i ve l y engage in , promote , ma n a g e and otherw is e protect and d e velop any investment or i nterest so a c q ~i red, whether i n c onnec- t i on w i th or inci de n t o r r elated t o the foregoin g p u rposes or o then.tiae. (E) To do eve r y t h i n g n ece ssary, proper, aev isa b l e , or conve ni ent f o r t he ac comp l i s h men t of the p u r po se here i n- above set for th , a n d to do all other t h i ng s i ncid ental thereto, or c o nnect e d t h e rew1 t h, whi ch a r e n o t f o rb idd e n by t he Colo rado Co rpor a tion Code , by a n y other l aw , or by t hese Ar ticles of I ncorporation . (F ) To car r y o u t the p urpo ses her e i na bov e s e t forth in any state, t er ritorJ'• d 1 s t r 1 ct, p osses s ion , de p en- d e ncy or other p o l i tical s ubd ivi s io n o f t he Un ite d States of Ameri c a, or in any forei g n c o untry , to t h e ex te nt t h at such purpose i s not f o r b idde n by t h e law of such s t ~t e, t er- ritory, distr i ct, pos s es s ion, d e pen dency o r p o l1 tical sub- d i vision of the United Sta tes of Altl e rica or by suc h foreig n country . (G) To exerc i se all o f the r 1gh t a , p o wer s a n d p rivile9es now or hereafter c o nferred upon corporat ion s or- ganized under and pursuant to th e laws o f t h e S t ate of Colo- rado, i ncluding , but n o t l i mi ted to, t h e power to en ter i nto general partnerships, limited p artner s h i ps (whether t he corporation be a limited or ge ne ral p artner ), joint ventures, syndicates, pools, assoc ia t i ons and o ther ar rang ements fo r carrying on one or more of t h e pur po ses set f o rth i n Ar t ic le III of these Arti cles of I n corp orat ion, j o i ntly or i n common with others. In addit ion , t he corpo rat i on may do e very t h i ng necessary, suitable or p r op er fo r t h e accompl i shment of any of its corp orate purposes4 I V. Cl\Pl Tl\L STOCK T h e t o tal a u tho r i z e d capi tal stoc k o f th is Co rpora - tion s hall c o nsist of ONE ll U!'<DRE D TH OU SAN D (100 ,00 0) sh a r es o f commo n c ap i t al sto c k, wi tho u t p ar v a lue . T h e said comr.i o n c apital s t ock o f th i s Co r pora ti o n, wh en issued, s ha ll b e f u1 ly p ai d a n d n o n -assessable . Each o u tstanding s h are o f commo n s t o ck s hal l b e e n titled to one vo te, a n d each f r a c t iona l s ha r e o f c o mmo n s t o c k shall be entitled to a cor i e s p ond i ng fra cti o n al v o t e o n each ma tter s ubmi tte d to a vo t e o f the Share h ol d ers . The r e s hal l be only one c la s s o f stoc k in thi s Co rpo r a ti o n, a n d c u mulat ive v oti n g i n t he e lection of D i rec- tors, o r f o r any o ther p urpo se , !=>ha ll n o t b e a l l o wed . No S ha r eh o l d e r o f t his Co rpo ra t i o n sha ll ha v e any preemp t i ve r i gh t to ac quir e a dd i t io na l o r tr e asu r y s h are s of c a pi tal sto ck of t his Cor po r ati o n, or to a cquire any subs e q uent· -2 - I • • • • • stock issue he reaf ter authorized by this Corporation, or to a cq uire authorized but unissued stock. Divi den ds in cash, prop erty or shares of t h e Cor- pora tion ma y be pai d upon the c o mmon stock, a s a n d ""·he n de- c lared by t h e Board of Dire ctors , out of funds of the Co rpora- tion, to the e xtent and in t h e manner permitted by la""'· Upon any liqui da tion, di ssolution o r wi nd ing up of the Corpor at ion, and after paying or adequately p rovi d i ng for th e payment of all its obl i gat i ons, the remainder of the as- sets of the Corporation shall be Ji str1 buted, either in ca s h or in kind, pro rata to the hol de rs of the common stock. Th e Board of Directors may, from time to time, distribute to the Shareholders in partial liquidation, out of the stated capi- tal or capital surplus of the Co rporation, a portion of i ts assets, in cash or in prope rty, in the manner permitted a n d upon compliance with l i mitations i mp osed by law. The Corporation shall have the right, by a ppropri- ate act i on, to impose restrict ions upon the transfer of any s h a r es of its common stock, or a n y interest therein, from ti~e to time issued, provided that such restr i ct i ons or n o- tice of the substance thereof shall b e s e t forth upon the face or the back of the cert i f icates represent i ng such sha r es of commo n sto ck . · v. EMPLOYEE BE NEFITS The Board of Directors of t his Corpora~ion shall have the right, by approp r iate resol-..it i on of t he said Board of Directors, without the necess ity of submitt ing such mat- ters to the Shareholders of the Corpo ration, to p r ovi de, from time to time hereafter, for stock option plans for the ~ay ­ ment of pensions, for the establishmen t of pen s i on pl a rJS, pension trusts, profit-sh ar ing plan s, pr of it-s h ar ing trusts, or other incentive plans, and to provide med i cal serv i ce , medical reimbursement, life, sickness, accident, disabil i t y or unemployment insurance, educat i on, hous i ng , soc ia l and recreational service and other sim i lar aids for all or any of the Directors, officers and employees of the Corporation, or of a n y subsidiary thereof, whol ly or p artly at t h e expense of the Corpor ation, and u po n suc h te rms and conditions as ma y be determined by the Board of Directors. VI. REGISTERED OFFICE AND REGISTERED AGENT The address of the initi al reg is tered offi~e of the Corporation is 325 Eas t JefferSon Avenue, Englewoo d, Colorado 80110 . Th e n ame and addre ss of the ini t i al regi s- tered agent is Rober t L. Mcintyre, 3 2 5 East Jefferson Aven u e , Engl ewood, Colorado 8 011 0. -3 -I • - • • • f • • • • VII. The a!(air::; and the mc..1ni1'J <'mr-nt of t.his Cor1,o rat1 o n sh all he vested Jn the Soard of Di i c cttJrs 'Which bl.all con - si st of thr~e Directo rs. Th r.! f ol l o wing n.J 111e d 11e r!':ons ar-t: lit.!.lt.:by d 1.::coi 1.Jr'-~l1.::d and selected to se:rve as lhe nourd o f uir<.::c;t(J r& of UJls cc.i r ·· poration until t.heir sur:ccssors ure c i1<.JS C•11 at U,e f lZ J t dll- nual mectin9 of th~ St<>ckholdc1 s of th<.· Corpo.i·.lt1cn or unt 1 l their !;UCcessors are actuolly duly ,·l c<..:t+-!rl a1,d <JualJ1Jud to act in the position ot Oirc.:ct u r:;, t.o··wit: RcA:..l::rt L. Mc in t yre 31 40 So. U ... ddut l..1<::nvec, Col c rado 807 2 2 Luc i lle F . Mc :r.ty r<! 3 140 so. lJ.Jld ia ! .. it-:!"l 'Jl' ... r, Cu l•>i a t.lo !:1 '1'122 /\U..1trt Th c...mos ~~4 1 I:. C J.lt!y 1\·1~ 11 t.u: Ll ttlcton , C0l~rado ~0 12 1 The: B<...ilrd o f Diu:c tors of th1::J C.:uq ..• LJrati o n ::t.:1J J have full powe r .:i w.l a utf.e;c1ty tf) 1t1ukt:: Jr.d c..du1Jt ~LJ«h i~J la w & a s they deem prC,.ip c r for the mc..r .. i •J • mont und t.ht: di::.JA,;:: 1 t. ,•,:. of the b usi ne ss and tl1c aff.,ir:1 o f t.his C.:CJq ... o r :Jt H1 H ar,C ttJ thereaft.er dltc:r and amcr1d sur::i l ~J1 n #:J f1.c.u; t..1:1.e t.o t i:,,. a:; they det<:rm i nC: !Jlc.iper . 1''ie ..i C!OJ.ti•_,n CJf <lllflo-r ,<l :-1::.t \...[ .1J,'f !:/- }aw ma.y be by a :;j;.ipl<.: ma 1c..ir i L'J r,f •!.c: :J.cu , ... x4~tJz 1 y J:r:ai·d of Dirtctors conv«.:nt.::d for t h '! }JUq;r;s c of ..in.t:11d 1 z.1; or o l t c·1- in9 said Byla.ws. The board o f lJirl:<:tc r.'i o f t hi::; Cvq.o ratj c...r1 !d1td l have full power to fJll all v'°"c ..srH.:ics vr:cu rr inl) i u t·~jt.: bc • ..i.:'1 of Directors of this Cort-ioriit ir..n b/ n...:'1Sun ui 'h::ath , r•·:::•Jz,..,- t.ion, d isqua l i fica tion , in~bilit:t t::J oct, ~r OtJ .tCw J~e. whenever the same :=ia y occur, ~ot w 1 thst.and1n9 t h at Lt1e t.t.c·u exist1n9 mem!:>ers of the Board of Dlrl!c v .. rs Cl'Jristi tuto !•-s s then a quorum of the said Hoard . The Board c.f D :-ect.•..1 1 :.. '.J ! tn_s ~' ... r; .. !i:dt;i<" .... n a1 .d Shareholder:; of t hi5 Corpo rot H.m ray t .o ld ree:•.ir.t;s i:..1..t.s i dc o f the bo·.Jn'.!a?"J e s o f the St.dtC uf r:"Jlo:..rcido Gt :; .... c t. ;.J.;;.·~·:s Gti ~hey may :;el e-:t, a r.d tLey sr,a!l Lavt u:.d c A t.:lCl~t a i l tLt iJCa·ers and t ~e a .;tt::;r : y at such ;;1ar:e:> o ! rr:r·•::t.::1 1 '·'·J 'JT.1 t~e terr itori al Lcu r.dca:-1cs o f t h ...-!:ua<:~ o f C1-1ln!'" ... ":!'?, as t : 1 J are given by t;?"l <:S '! 1-.rticlt::.i r_,f I ·.c ~:-£..' .. : U""ic..n ... r.d U1P. ~u·•:; <..! th e State of C~l o rado . The B'='a r d of :l J =t:•.t'¥:c; r,! -:r.:s Cr ... q JC 1 .: j"...r. ·:,a l l h a v e c~r~l et.t cor.tz~l o v er ·~e ~1 -··r l r.~~e~t . r MnG ~7 ~~t d :.~ c.i;..e=at.i"J n o ~ t ?le '.-.>l.sj :,C!'!:S •.,.,f ~!i.!: C•u ;.<...r a t;r .. n, i · r· ... ;r.,_ 'H. :.t.s ~ei· ... ·~rs a:i :j ;;u:-!.C.!;l':!S c5 i'.':'1C!:r. !,f ·t !o··h , t;s.= ~ ... ~ ... ;(.'~!.. ':>nl y to t ~.e l im1t<:.l ic.r.s as u :<.: .:·j.O'.• ·l fr/ }.,...,., -¢ - I • • • • VIII . tarh perso n 11a m~ct l1e:c1n , e r h ~t ~~(tet n~mP 1, e-lec t e J l"'T i\j'pojnted a Dl r cc t o r c 1 c!-f icer c ! tr.i s Ct....r;:c .. cJ.- t i,m shal t t'e in.;e-mn ifi eti t'Y t ~1r 1:o q :·:in~t 1c:1 a-;an.-,!_ a)1 CC.'sts And expen3e s, Jnc1:.i c::ng .:.:•.·J ;-.~el f ee ~ r e.i~c nab .1 y in- curred hy C"r ln•~·v:z.e J u~~n h!n U! c\·•-,:;e...:L, ··1 "'·1•h 1..-1 •c::::u ;t- ing from any 1..:'lil 1m, J{'n a .1J C'r a , l1'J'l, '!'\<\t t"t 1·'rC'c.i:.;,Jin•_;, er th e fa \r r:t ::J reasona !:l e ::-e t.•-~c;-.~nt. t.~\e rF'::f, l...Y JOI t c-f i - nal c'\djuJicattl.):l, t o "·h !1..·~ U m ~aid · :;t;!ct•a s c~ C {fil'r•'! may !~e m'ldt? a p3:tty l'Y !(1-as..:-n '--.,f 1 ·""~1ng c1 hav 1ng =cc.n a t:~­ re e t 1..'r a nJ ... 1!f1 cc r of t hJ.s C1..""'11r;r a'_iC'n '"'·hcU1e1· o::r r.\'t a t.::.·· 1 ~.:t .. H , .. r O ~f i ..:cr a t t hP.: t11-e ~u=~ ·:'\..3 '-~ o r e >Ten!:-i:-o; 0 1 c :·:- c \\?'t\~d :-y 0 r l&.p 0 sed i:µcr, sa;.d I ~:1 e •:: .• ; e r f t')r ti''!'. o:f :l·n 1 , .. f u i:r..~r L'u·e..:t.or) ex ..:r:t·t as t.c !l!U..:l\ ;r.att€'t!=-.\9 t h e :~a tli ;:iri: ., S'h3!i r'= f1 1:ally .. d:j u ·.!b-ato ,i 1 :-"::; ·:h "'" l n a r(' l :n~·je .. 1.::r neg li ~enC"e, o r der el i cti cn. 1 n Lh e r-=• :."'r;-1 h-e ..... f h l ~ c 1 '.'t..-• ~u~1 es ~s an Uffi ~er or r!r P ~t ~r o f !~1F C0:;c1 a~'...J ~. FHC-!i iig:i.t c f ;,;G~r;··4 f ;..:,:i t ~ ;~ '1 "=.?l:'l p r .-:-v i..;t'J ~:·.1 ~1 J~· .. t ~•? 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'· ~ ~ ::.· .. - I • • • • • • x . NAME AND ADDRESS OF lNCORPORATOR The name and address of the incorporator is Harry J. Atwell, 500 Continental ~aticnal Bank Bu il ding , Englewood, Colorado 80110. IN WITNESS WHEREOF, the undersig ned incor;>orator ha• signed these Articles of Incorporation th i s 16th day of May, 1979. HARi!\' J. ATWELL STATE OF COLORADO ss. COUNTY OF ARAPAHOE I, the undersigned, a Notary Public, hereb y certify that on the 16th day of May, 1979, personally appeared before me HARRY J. ATWELL who, being by me first duly sworn, de- clared that he is the person who signed the foregoing docu- me_nt as incorporator and that the statements therein are true. Witnes• my hand and official seal. Hy commission expires: -9"·t.-L J1·4 t ff/ -6 - •,'•·; .;~ I I I • • • • • RECORD OF PROCEEDINGS MINUTES OF Tl!E ORGhl:IZATION.:U. MEETING OF Tl!E BOARD or DIRECTORS OF OLD TOWN LIQUORS, ~C. May )1, 1979 Englewood , Col o rado The Organizational Meeting o f the Board o f Di r ectors of Old Town Liquors, Inc., was held a t 5 00 Continentul National Bank Building, Englewoo d, Colorado, on T hursday, May 31, 1979, at the hour of 8 :30 A. M. All of the Directors na8ed in the Articles of Incorporation were present at the aaid 8eeting, to-wit: Robert L. Mcintyre Lucille F . Mcintyre Albert Thomas ··' Alao ia attendance at this Organizational Meeting waa Harry J. At.,.11. an attA:irney for the corporation. The meeting vaa convened and brought to order by aabert I.. Mcintyre, who merved aa Chairman of this Organi- zational Meeti119 of the Board of Director•. The Board of Directors was advised that the Articles Of Incorporation for Old Town Liquors, Inc., were filed on May 22, 1979, with the Secretary of State for the State of Colorado, and that the Office of the Secretary of State was in the process of issuing a Cert i f i cate of Incorporation. Accordingly, the record should reflect that the corporation is now authorized to conduct and to engage i n the business act i vities aet forth in the Artic les of Incorporation. The Board waa further advised that the Certlf icate of In- corporation. attached to the copy of the Articles of Incorpora- tion, have been ordered for the purposes of making Lh e same available for inspecti on by State and Local L iquor Licensing authoritie5. Proposed By-Laws fo r the cor porati o n we re t h en submi tted by the corporation 's Atto r ney. After rev1ew, a n d upon motion being made, seconded a nd unanimou5ly adopttd, the follow i ng By-Laws were adopted as the By-Laws of the corporation to govern its business affairs and activities, and the same arc as fol lows: • " \ I ,, I \ ". ', .• '\ >. : •... , ··~ I'· I • • - • • . f • • • • ARTICLE ;. STOCK l. CLRTif!CATES: The corporation shall prepare certificates of stock In conformit y with the Articles of Incorpor- ation of the company and each stock-holder shall be entitled to a certificate to be signed by the president cr vice-president a nd the secretary of the ccrporatlon . and each such certificate shall state the numbet of sharea represented thereby. 2. TRA~P,FER : The capital stock of the corpora- tion •hall be traneleie only upon t he transfer books of the corporation kept at the office of the c om pany and subject to such rule• and r99ulatlon1 as may be adopted fr om time to time. Befare any certlfft:ate l• Issued, the old certificate shall be s111Tendered for canc ellation properly endor sed . The offic"'s of the company •hall make such reasonable charge as 11 necesaary to defray cost of transfer of certificates. 3 . · REGISTERED STOCKH OLDERS: On ly reglster'd etockholders shall be entitled t o be treated by the ccrporaUon a• the holder• in fact of the stock outstanding in their rupectlve name•, and the carporatlon shall not be bound to rec09ntze any equitable or any other claim to or interest in any share on the part of eny other person, whether or not it shall have expreu or other notice thereof. 4 .. LOSS OR DESTRUCTI O N: In ease of loss or deetruetion of any certificate of stock, another may be Issued In it• plae• upon satisfactory proof to the corporation of such lou or destruction, and upon the giving of a satisfactory bond of indemnity to the corporation in eueh sum as the Board of Director• may deem neceuary. s. CLOSING or TRANSFER BOOKS : The stock traMf• book• may be closed for meetinge of stockholders during such periods not to exceed fifty (SO) days prior to any •uch meeting as may be determined by the loard of Dlrectars. The Board of Director• without closing the book• of the carpcr- atlon may fix a dey not more than fifty (50) days prier to the date of holding any meeting of stockholders as the day on which stockholders entitled to notice of and to vote at such meetings shall be determi ned, and only stockholders o f record on such day shall be entitled to notice of or to vote at such meetinge. 6 . REGU!.AI!O NS : The Board of Directors sh oil have full power and authority to ma ke all such rule& and regu- lations as tt may deem expedient concer ning the is sue, transfer . charoes. converst o n and reglstrauon o f certificates for shares of the capital stock o f the corporation and not incon sistent with the laws of the State of Co loruc!o or the cert ificat e of i ncorpora- tion o f t h e corpC"'ration. (· .•. .,, .. l I . .., ' :4j ~ -. . ~.' .· .. -¥.., . ' .. ·.~· ,, .. , .. l1).';. < /_.· .. 1· · tfr, ·~~· ; .:. ;,;_· 1 l '" 1 ' ·~ ' , . . "'t > •• '"\\,, "' ' ·~· ··~:. ' ...... " I • - • I • • • AR TICLE ll. STOCKHOLDERS' ME!:TI:<.r GS l. ~ All mc c tin9 s of the stockho lders shall be held at the principal offi c e of the c ompany, or at such other place within or without the St a t e o f Colorado . as shall be determined from time to ti me by the Board of Dire ctors, and the place at which such meetin9s s hall be held sha ll be stated in the call of •uch meeting. 2. ANNUAL ME[I!NG: Th e a nnual rr.e etln9 of the corporation shall be held at I 0: 00 o 'clock A. M. on the third Wednesday of the second month followin9 the close of the fiscal year of the corporation un less such day be a holiday , In which event the meetin9 shall be held on the followln9 day. At all meeUn9s of the stockholders the voting may be vtva voce, but any qualified voter may demand the stock votea; whereupon auch stock vote may be taken by ballot, each ballot to atate the name of the stock hold.,. voting, the number ~· of aherea voted by him, and If such· ballot be CHt by a proxy lt..U to have been fiut sllblllltted to the proper offlc•• and approved. 3. ORD£R OF BUS!NE$S: At all meetin9a of 9tacitholdera the order of bualnesa shall be as follows: a. Calling of meeting to order. b. Proof of notice of meeting. c. Readlll{I of minutes of last meetin9 . d. Reporta of offlcers . e . Reports of committee. f. Elecuon of directors If necessary. g. Miscellaneous busine1a. 4. Q UORUM: A q uor um of any annual or special meeting of stockholdeu shall con si•t of stockholders represent- ing either In person or by proxy the majority of the outstanding capital atock. of the corporaU on entaled to v ote at such meettn;a. ART !CLt Ill. BOARD O F DIRE C TO RS AND MEl:TJNGS I . PO WERS : The mana9eme nt of all of the affairs, property and interest of the corporatio n shall be ve s ted in the -3 - l( ;('.:'. ·Ir.: ,4 f ;.., ' .·~,. .. ·f -'\ r .. ' " • {~ .. 4 ~.J\t" "" .. \~~. i; t "···· ... ~ 1 ' i -~ . ~ ~ '·~ ... .... 1';· i:, t; l 'I \ I • • n • • • • Board of Directors and in addition t o the powers and authority conferred upon said Board of Directors by the Articles of Incor- poration of the company and by the lows of the State of Colorado, the Board of Directors shall exercise oil powers and do all such lawful acte and things as are not by statute or by the Articles of Inccrpcration required to be done or perforrr.ed by the stockholders; provided, however, that all By-Law s shall be enforced and re- epected by the Board of Dlrector1 until and unless the same have been duly amended. 2. NUM1U:R U N UR E A:-JD OUAL!f!pTlON S: The number of Director• of thll corporat1on shall consist of at least three (3) and not more than 1even (7) Directors, tach Director lhall hold <>Wee until the next annual meeting of the shareholders or unUl his 1ucce11or 1haH have been el ected and qualified, That tn the interva l between t h e annual mee ting of the 1hareholder1, a majority of the then existing Board of Dlr c ctor1 of thJ1 corporation, may , If the y deem It advisable, that the number of Dtrector1 he increased within the li r.1it herein stated. then,~ addltlonal Directors may be elected by a majority of the th e n Bo.,d of Directors. The number o! Direct or s may be decreased Wllhin the limit 1tated herein only by the Shareholdeu of the corporation at the annual meeting o f the shareholders, or at a 1pecial meeting of the 1ha:eholder1 convened for that p urpose. Dlrectou need not be residents of the State at Colorado or ahareholdeu of the corporation. 3. VACANC!CS : All vacancle1 In the Board of Dlractora, however caused, may be fllled by the remaining Director or Directors, even though less than a quorum, at any meeting held prior to the filling of such vacancy, and the Director or Dlrector1 thu1 elected to fill any vacancy shall hold office far the unexpired term of the predeceuor and until a 1ucceuor Is elected and qualified, 4 . ME!:TlNGS· There s hall be no regular meetlng1 of the Board o f Directors . Meeti ngs may be called at any time on twenty-four (24) hour1 ' notice by any offi cer or Director of the corporation , 01 a majority of the Boa rd of Directors may Me et at any ti me WJt hout OOUCC for the tra,nsaCt lOO Of all business properl y wlthJn the 1wlsd1ct1on of the Board of Directors . S, PLA C E Q I' ~:Eq1 :::;s: ~!eeti ngs of t he Soard of Direct ors may be held a t any placC" ~·:nhin or without the State of Co l orad o ~1s d C'll'r mfnc d h y th t· Boi:trd o f Di r ec tors . 6. ~: A r:ia1 o:itr o f t'1c whole Bo e.rd o f Directoc s sholl be nccesstiry at a ll r~t·c tJngs to co:1 su t ut c a quorum . -.; - ·' .. I I ,/ ~- r· I i ,, . '" '• ··'· . ' ·• \:1 I •• ·~ J ~· ·' .··r'· ~ . . ~-.. ..,,7 I • • • • • 7 . CUMPf.NSATJ )~: D irect or s md y be p aid c or.i- pe n •alion fo1 s~ ·vie-c s r\!n d E· .. c d as Dtr£."CtOJ s 3 5 Ce t c•r mi ned by the Boa:-d o f nu-.-c-tors . ll nd fL.rth e r . nuthrng herun c ontai ned shall pre vrnt uny Dirt c tOf" from 5 (. rving t he c o rporation in any oth« capacity caOO rc·ct.-1v i11 g c o m pc n~.:1 tl o n thecfo'°. o n lC!RS I. Ol'l ICl'R S· The o!hc..rs o f the c o mpa ny s hall conaiat of a pr .... 1 i dE. nt . a vie-. • f'rt."Sadc nt . a secretary a nd a trHauru . Tht! 1ame 1ndindu3l ma y holJ a ny two offices except the ofUcea of pr~siat. r.t 3nd v 1c e -pres1dt-int. further , there may be one or mewl! v jce ·ptt>Wdem s and one o :-mo r e a ssi s tant sec- retar1ea. all as detf"rmined nec e s1ary b 't' t he Board o f Director1. All of the 1a1d osat st o nt o fficers s ~a ll perform d :.itl es a$ des- l;neted by the Podl·d of Directors . Z. Tl:NUR[: The ofllcP1 s s h•ll be su b ject to rP.mova.l at any time with Or w it ho ut ca u s e oy lction of the ..; majority of the Bodfd of Direc tors; o\h.,'W1se, to hold office from yeGt to year o: until th.,l r successor s a ee fully op polnted and quallfl <d. ~. fRl;s!QCNT · ThP p-esident •hall pre5ide at aU medtlng• of the corpo:·auon; shall s ic;in er count eslc;in all ceruftcat•1, cort':1cta dl"ld other instruments of the corporation, •hall mekl' '"port• to thP Board of Dlrecto·s aa re,;iulred, and ahall perfarm all.othei duties Incident t o his positi o n as the oecutive mon>1i1e:: of tht' t..uslncss of the" corpcxation . 4 . Y.1.1.:.Ll.!l..l.filQ!..;:f[ Th e vl c t'·presid.,m shall e11..-ciae auch pQ\l\·'"·-• as are cor.fer.ed uµon him from time to Um1t by the BoarJ ot DtrEc tors o r ~Y th ~ pres ident of the carpor- attcm . He ahdll havt· futl pow'°"r t o set in the stead of the pres i- dent in the evf.tnt 01 tht-at 1 1 t>nc~ or ln3 Nh ty of the ?°esident to act. 5 . SLCHIJAR\" lt'.~ s e,·· d dl \' s h o il ha,·e charc;ie of th~ s eal a :id t h l c o •·p<Y 3:e .::..."' l~s of t :;t: c o ~plny , s !iall per- form s u c h .:>t h"": .lC"l s J.S .lit' 1'"'.C l.J \.·n : ·o r:i s "':~ice, d ::::f a s are assig ned tl.l ~i :i1 fr o:n tim~ !.J :1:-L ~·,· t::e p1ts1dent. o . 1 ~1id t'R!'"R · fhe t:l3 !:.l:~r sh all have c ~st ody of all mor.i es i\n,i ~ ... c W'1t1t~~ o~ t h e c or;m : auor. and s :-ia u s e e the proper :-ooks o f ·1l·1.:0u :it .,,1.;, :::i;1nta1 :if'i .·r~ shall r .:.•:;;der to the Soa:d of D1 r1..•i:tor s tr o m u r:.\ tJ tl:':'lt d S ~'i' ~e :e ::;:J ired an acco :.in t o! all tr !ns .. h -tt cm s ar.d ... ..,1 t !':i> if:;3 nc1 a l c o r.~1 :1 or. o f t h e cor por a - tio:i and shal l ;>...r ~o:~ .-,1 . i;.:c~ o:~._~ .. acts ~s ~r e-1r.c 1Ce:it t o sald offi ce.:>! ~s :'.i~iY I\ .. k i-.1 i; ~:\ ,! i.:> :i 1r: ~ro::; 11:-:-.l, ::> u -:e ;:,y t:-:.e Pf<'S1dt.,:l t .:'\:· :·y t~, ;o= .n. ~ :>: :):· t-.. ~t .:-:-6. -·.--· I \. I: t r i ' j I I ! :~ i · ~ ,., \ \ •' . .., ~ . . ..• ; , .. .I I • r ... nm - • ·.- • • • ··:::.' 7. DIS,ABI LIT"l; :n the .... \'ent oi the absence er d.1aab1Uty to act o f any officer of the corporatio n and of any person herein authorized to act 1n h u pl a c e , the Boa rd of Dtrector1 may from time to time del egat e the powers o r d uties of auch office r ex office to any o ther per s on or officer whom it may a elect. B. VACANCI ES : Va nc a ncle s ol any offlce ariaing fr ocn any caun may be fllled by the Board of Director s . 9 . SAIAR!ES OR COMPENSATION: The compen- aaUon of all offic ers ma y be d e t e r mi ned a nd fix ed from tim e t o time by the Board of Dt rect cxs. 10 . ~ The Board of Directors r.iay r e quire any and all offic e rs t o Ql ve bond to the corpor ation wi t h suf- ficient surety c o nditioned fcx th fai t hful perform a nce of their , reapect !.ve d uties . ARTIC LE V. rINANCE 1. PIYIDEN PS ; A. Dividends may be declared by the Board of Directcxa and paid out of the annual net profits of the ccxpor- atlon ex out of it• net asoeta In exc eH o f it s capital. s u bject to the conditions and llmlt a tiona Impose d by the Article• of !nccrpautton of the ccrporaUon or o ther reatrlctlona Im po s ed by law. · B. Divi dend s s hall be payab le only t o at ockholders of r ecord t hirty (30) da ys prior to t he declaration thereof. C. The st ock tran sfer book s may b e closed for the pa yment o f divid end s during such peri ods not excee di ng thirty (30 ) days prior thereto as fro m u me t o time ma y be fixed by t he Bo ard o f Direc t o rs: provided. however, wit h out clos ing t he books o f the corpora u on, the Soard of Directors m ay dec l are di vidends payal.Jlc onl y to the hol ders of r e cord at t he c lose o f bu s iness on an\' lJu si ness da·/ ;iri or to th0 da te of which t he dl vldend 1 s to be pa Id . D. The cor porati on sha ll have t he right t o apply any divid<'nd du<> to th~ holrlcr :>f ~r.y of the outstanding stock o f t h(' corporu tio n to the paymC'nt .. ri r towards t he paymen t . of any indebtednes s w h ich s ~ud outstamhng stock.holder may a t the time th ereof owe to the corporiit lon. 2. SU llPL US: B elo'~ ">kt r.~ a ny dl s tr l ~,u 11on of pr o fits. t he• 8ouid0! Directors r~uy Sf•t a side out of the -0 - . .. \. ... I ,, \ , 'i ' . .. \ .. _:/ . \ "''·. ., ·.' ·~ '· ' I • - • ' • • • profi ts of t h<! corp or .H IC>n suc h ->U rr. o r .:>u rn s as the Di rectora from ti me t o tu:i c , Jn tt".t·1r absr,lute d 1sc ret 1on . deem exped- ient as a r eserve funJ or swµJ:.is to m ~e t contin 9 enc1t s or for equalt zin9 dJvidends . o r ior r.-.u i nt .:un1r.i:J ur.·/ ;:r o )..e rty of the corporation . u r for d n y other µ.ir;:>ose. a n d any profits no t distributed as cJ iv1dend s shalJ !>e de cm t.~d to have been s e t apart until o therwise d isposed o f by t h 0 Bo urd of Directors . 3. BA NK I NG l"U lliDS: The moni e s of the ccxpor-aUon sha U be d ciio s itcd in t he name o f t he c orporat1o n in auc h bank or banks or trust com p.1 mes as may fro m time to Ume lie determJned by r c solut!on of t he Board of D irector s . o n d sholl be dr awn o ut o nly by check s igned b~· per son or perso na de1io - nate d by resolution of th.? Board of nirectors. 4 . f!S CAL ITAll : The fiscal yeor o f the corp- oration aholl be s uch as may be determined by the Boord o f Dir ectora a t some later date . ARTICLE vr. SEAL I . Th e corporat e seol of thla corporation shall be u appeora In the lmpo eaaion mad e h ereon . ARTICLE VU . BY-LAWS ·.' I. The Bo a r d of Dir cc t oes sha 11 h a ve full power a nd authority to make and from time to ti me t o subsequently make . add t o , c h dnge or amend. as in their j udgmc-nt the y may see fit, such By-Laws a n d other r u les and r e gula tion s as they may determine t o reg ulate and 9ovcrn th0 mu n a ge mcnt and affairs of the bu s iness of t h e cor poration, s ave onl y a s restricted by law or b y the Art icles of !ncorpora t 1c-n o f t hi s com;>any . • 7 . . , : ·~ ,, ~~· . • I I I I . '.r .;r, . '' ~ . .. ,. . ~-:'I. < , •. ;;_ •1-. ,. ;., ·1 : ··' ·.t· .. :) ~· ~, ·' ,i ; ·,};. 'ii' '~; ~ :. ,'i ' .. ~ '). .•• ->';\ )(~' " .; I • • . ,• n • • • ' RECORD OF PROCEEDINGS . I ~-....-...---------..-.........__ __ ~ The Ch•irman advised tha t the next order of busi- nes• wou l d be the electio n of officer s for the c orpo r ution, and upon motion being made, seconded and unanimous ly adopted, the following named ind ividua ls were elected to the off ices aet oppoaite th eir re s pective names, to-wit: Robert L. Mcinty re Lucille F. llclntyre P re siden t and Treasurer Vice President an d Secretary The next order of business waa the d iscussion ot capitali&ati on for t.h e co rporation. lt was p r offered that the c.,...,,, •tock of the company as a uthorized by the Article• of Incorporat ion should be o~fered pursuant to and in accordance with Section 1244 of the Internal Revenue Code of 19~ •• it has been ame n ded by t h e Reve nue Ac t of 1971, and that auch stock should be c onsidered as S e cti on 1244 •tock. Accordingly, af ter discussion, the foll owing reaolution w•• moved, seconded a nd unanimously a dopted: • "RESOLVED that Old Town L~quo rs, Inc., be bound by the expre ss inte n tion of this 9oard of Director s , whic h intention is •• follow•: Old Town Liquors, Inc ., ia, at the tilMI of the i•auance of its stock, a •sa.11 luaineaa Corporation• within the .. aning of &action l2t4 of the Internal Revenue Code, •• amended by the Revenu• Act of 1978. That i• to may that the aggregate amou n t of money and other property rece i ved by the corporation for Section 1 244 atock, as a contribution to capi tal, and as paid i n surplus, does not and shall not exc eed $1,00 0,000.00. For purpose s of the preced ing sentence, the Amount taken i nto account with respect to any property other t han money shall be an amount equa l to the adjusted b asi s to the cor poration cf such pr o p ~r ty for ~cterm1n1n9 gain, r e duced by any liability o which the proper t\' is SubJec t o r which is assumed by the corporat 1on , dcterm1ned as of the t imc such prop,. r ty i s r ece l ved by the co r por~t1on . Stock ln t hi s corporat1on shall b ~ iss ued only in exchang e for money or other pro p erty {other than stock and secur1ties}. Thi s r esolution is a d o pted for the exp ress purpo se 0 ~ c om?lyi ~g with the requirement s of Section 12 44 of th e Internal Rcv~nue Code as it h~s been amended by the Reve?'n ue Act o f 197 8, and all Tre a sury Dep3rtment regulations which sh~ll be i ssued pursuant tht!rct0 ." -8 - ... · .. \ ;1: ·:· \:, -~~· I ~ • ~-~-t ,i \" .. 1 .. ' ~ 1 ~: ,;t ,\ ~~·,.-.ii ~::.'' .···; -f,1 j.f (· J ..... " i . '. , .. ~·· ·~ '..\.· . d ·~ I • • c • • • -/,-RECORD OF PROCEEDINGS .-:-. ----..-..;;.;;;,,;;....,._ ...... ......_--.;--.;.,;.;.m,;;; _______ ,J ( Discussion was then had concerning an appropriate price f or the issuance of stock of the corporation which has no par v a lue~ and upon mo t ion being made ~nd seconded, and una nimously adopted, it was r esolved that the corpora- tion would init i ally capitalize for the am o unt o! Sl00.00, and that 100 shares of the autho rized stock of t h e cor?ora - tion should be given in exchange f o r cash. Mr. Robert Mcintyre thereupon tendered to the corporati on the sum of $100.00 and the officers of the corporation were authorized and instructed t.o issue • stock certif i cate to Mr . Mcintyre representing 100 •hares of the common capital •tock of Old Town Liquors, Inc. Diacussion was next had con c erning the fact that llr. Mcintyre has subscribed for add itional caaunon capital •tock of the corporation, in a quantity of not less than 50,000 aharea, offering to g i ve in exchan ge theref or , asse ts having a value of not le•• than $50 ,00 0 .0 0 consisting of inventory, equipment and fixture• present ly owned by Rob~,~ L. Mcintyre and used in the operation of his Sole Proprietorship, a liquor store known as Old Tovn Liquors and located at 325 East Jefferson Avenue, Englewood, Colorado. A detailed inventory of the aaaeta ia presently b e in g prepared to be aublllitted to the Board of Directors for review, but the aaaeta in question have been examined by the Board mellbera who understand generally the nature and extent of auch •••ets. Kr. llcintyre stated that hia offer to excl\an99 •••eta for CCllllllOll stock wou l d be based on an ex- change ratio Of one Ill share of common capital Etock for each fl.OD in book value of aaseta transf e rred by hill to the corporation, the determinat ion of book value to be .... by the corporation's accountants at the time of transfer. Mr. Mcintyre further stated that the of fe r is conditioned upon approval by State and Local Liquor Licensing authorities of a ret.Ail liquor store licenae for issuance to Old Town Liquors, Inc ., and that withi n ten ClOl daya after the granting of such license the assets will be tendered by a ppropriate Bil l of Sale to Old Town Liquors, Inc . free and clear of al l encumbrance s. I n the event the corpo ra- tion's appl ication for a liquor license is for any reason rejected, then the offer will be cons i dered w1thdrawn and a corporation will rema1n cap italized for 5 1 00.00. The D1rcctors present, after extens i ve d i scussion, agreed una nimou s l y to commit to acce?t the assets of Ro b ert L. Mcintyre presen tly used in the c onduc t o f his Sol e Pro prietor- ship (known as Old Town Liq uors) in excha n ge for the issuance of the commo n capital stock of the c o rporat1on, on an exchange ratio of one (ll share of stoc k for each S l.00 of book value of assets ex changed, sub j ect, however, to the follow- in g ex press under s tandi n g o n th e p a rt of th e Board of Directors and of Ro bert L. Mcintyre: • 1 . This c omm1tment i s con d1tioned u pon approva l by the Ci ty of Englewood 3nd State of Col o rado o f Old Town L iquors, lnc . 's app l icati o n f o r t he is s uance ~o it o f a retail l iquor store 1 iccn s c , which a p pl lCa t1 o n i s in prr·ceh s . \ '.~ \ ! .. ,. ,It ,,.. . ,... '' 't · .'·-'.'!{ :. ," ,.,•~ 't!. ·~~.·~~ .. "~:.f ,.,. ~ ,•; {"-.,~-1 "1! •""' \ . :.; .~ 4 ., < ·~· ~-. 't ; . I • • - ((' ( • • .. • • • RECORD OF PROCEEDINGS The tra n sfer of s a i d a ssets into t h e c o r pora - t1on sha l l be aade under Inte rnal Revenue Code Sec t i on 351 (Tax Fr e e Reorganizat ion ) a n d sha l l comply wi t h th e req u i remen t s o f the l n terna.l Re ve~ue Co de and o f t he regu la- ti on s app l1 c ab l e t h ere to . The c orpora t ion s h a l l ta ke as lt s b asis in the afor eme n t ioned ••aet s tha t b asis wh i ch Robert L . Mc ln tyre ha s •• o f t he date o f tra n s f e r. The c o st of each a s set, l e as i ts a c cumulated d e p r e- c ~t ion on t he d a te o f t ransf er, s hal l therefor e b e th e corpo rate basis. J. In the e v en t t he I n ternal Re venu e Servi c e sha ll Ji squ a lify t hi s t ra n ~ac t i o n fo r a ny rea son, or in any a s p e c t, t h e b a s i s o f sa i d property , the liaLil i ty fo r the u s a g e o f auch pro pe r t y , and t he liab i l ity o f Robert L . Mcinty re to t he c orp oratio n for t h e issuance of • com parable n umb e r of shares o f stock will be r enegot i ate d with t hi a Board of ·~ Direc tors with the ob j ect o f obta in ing COlll- liance with the requ iremen t• of the Internal Revenue Service for a tax free reorga ni zati on . llr . llclntyre eteted for the record hi• acceptance of the foregoin9 condition• and reatrictiona upon hi• excha nge of property for the cQlllllOn atock of the corporation and the ltoard of Director• thereupon authorized the off icera of the corporation to accept auch aaaets upon tender of delivery and to iaaue therefore a atock certificate for an appropriata nllllber of aharea of the camnon capital atock of Old Town Liquor•, Inc . The next order of bus i ness was the d i acuasion of salariea for the princ ipal officers o f the corpora t ion . Because the corporatio n has had An in su f f i c i ent earning hi story, it waa determin e d that t h e es tablishment of aalar ie a of the offi cers shall b e d e fer red until l ater action of the Board. Sala r ies, bonu s es a nd o t h e r c omp ensat i on paid to office rs o f thi s cor p o rati o n wh ich a re d i s allowed in wh o l e or i n par t t o the c o rpor jt1on a s d ed ucti b l e ex pen s e s shall be r e i mb ursed to t he c or po r a t 1o n wi t h i n s i x t y (60) d a ys o f t h e d e t e rm i nat i o n b y the Inter nal Reve nue Se rvic e o r o ther appro p r iat e auth o r i t y t ha t such e xpen s e s a r e n o t ded uc t ible t o the c orpo ration . The m.J tte r o f s electing a ban k ing cor po rat1on for t h e conduct o f t h is corporat ion's b ank ing bus iness was d i s c u s sed, an d af ter s uch d i s c u ssion , t h e f o l l o wi n g mot ion was ma de , seconded and u n a ni mo usl y a dopted , to- wit: "R ESO LVED, t ha t Rob e r t L . ~c i n t y r e , a s Pr ~s ide nt, shall selec t s u c h banking fa cil1 ty or f ac 1l ities a s he mi gh t dete r - mi ne to be de si ra b l e and fo r the best i nteres t o f th e co r porat i o n , a n d , a fte r mak ing suc h s el cc t1on , th~t he arr an ge -l 0 - -. . ' I I \ •·,. .~ .. ; I • • • - • • RECORD OF PROCEEDINGS I y-. ------=.-.;.;.;;....;;,;;...;..;--.-~;..;.;.;.;~-------.' ( • • fur lhc dt=pus 1t 1a11d w1t11d 1 o wcd v f runrli there- froa upon hi s l=li.q11atu1 t!. N c.,L~rt L . Mcintyre, •~Pre&idcnt a nd Lu c i ll e t-"', MclntyTe, c:a& Secretary, •r• ht:reLy instructed and .:.utl.c..r ized t o ex e cute and delivt:r t o •ny iiu c h L anki h•J i nst1tut1 o n so choaen auch form o r f o rma u f bank1 ng resol ution •• aaid b&nk11 may d t:!:ii lCd o c require, rt!11uir1nq only the aigna.ture o f Rubert L. Mcintyre on all draft• dra..m on the c o rporat1on '• •ccoun t.• Th• poaaibility of t h e corpor•t.i o n nttcdinq inter1• or ahort-~•1'11 financinq w•• conai dered and the ao.rd of Direc~ora determin ~d th4t the Prea1 den t •ho uld be author1 zed to borrow fund• to prov i de auch aho rt-tera work1nq c apital aa the corporation might require at v•rioua t1 .. • •nd froca ti .. to ti .. in the future . Upon disc us•i on the foll o~1n9 motion waa .. c1e, aec onded And unani.aualy adopted, to-wit: •RESOLVED, that Rc.b er t L . Mclntyre, aa Pr••ident, is hereLy au tho c i z e d arid ernpow~ce d to borrow fund• for the use o f th~ co rpora t100 -: froa time to ti .. hereo (ter as snay ~• desirable and for t he beat interea t1 of ~h e c orpor4tion, and upon ne9otiat i n9 such l o an or lOAna, he i • authorized to appro priatel y apply 5d i d fund• for corporate purpoaea. iaid loan or loans .. y be aecured or unaecured a& the lendin9 in&titu- tiaq .. y require in th~ negotiati on for such loan, and the l<>An llAY be f or s uch teno and for auch intereat rate •• -i· be detenoined i n the neqotiatian and the acquisition of auch loAn on behalf of the corporation .• Th• Board of Director• thereupo n inatructed llr . 16clntyre to acquire nec essary public liabil ity, fire, work- .. n '•compensation and related insurance coverages for the corporation and for it• employee&. The Board of Dire ctor• i natructed the Pres i dent to be certain tha t the corportttioa had adequate automobile 1nsurance and that al l neceaaary Social Secur i t y, fed era l, atate and local withhol d ing account• and number• be a c quir~d and that a l l return• pertainin9 thereto b• t 1mt:ly filed and a ll taxe s paid Lh e r eon . T ht:re bt=1 nq no tut t he e bu ~il n e11& t.o c ome bef o re th15 Or9anizdt1 on a M ..... '=t 1ng o " Ltn:: b c.i.i rJ of 01 rc:(.:t CJ rs o f Old Town Liq uor s , Jue., 2 motJ.ou wa:a tec eived , s econded a n d unarumous ly "l-'lJJO\'t"d , gd )uJ rr1l 11 q t ~H:. so l d n\t!et inq . '!• ......... ·1.'1,1 \l.:. ! •'c li.!t tjJ'd~ .. :.r. 11-i. :-Oh .. t!t-'1 u: U!J T l.""'" Ll.\! •··•·• 'l'll C • ...!l'' rl-!.1 ~I-~ ["l ;;' t '°'1.:-,,;:iuu.' :ttl: n t:!r-..... :•V l \.<llll I• L l 0 l\f, 111 1 .... .' a' . .1 ~~~·:'..Vt:d ~.IV tr:t: -·-·:.··1 ~.-;· -·d :,,1...,l l"" .. • ........ ;J ' -.l'l l ~· • ..it tL .• .. ~ ... .-t.:•: ~ L'I t'• , .. .,.., ... -,... ·' . ..... I • • • • • RECORD OF PROCEEDINGS ••id corporation. The undersigned individually and collec- tivelr vaive any and all notice that may be requi red by the Statute• of the State of Colorado and the lly-Laws of thia corporation pertaining to the convening and the con- ducting of thi• Organi:tational Meeting. The unde~siqned hereby cOftaent to the aaid .,.eting having been held on the d•t.a. at the time, and at the place as hereinabove set forth, and the undersigned specifically approve th e corporatiOD'a Plan for the issuance of i t• capital stock pureuant to and in accordance v ith Secti on 1244 of the Internal aevenua Code. ~~ -+--(. \,---- 1 ·( ,(u..._l '=-" n,c:.. _;.1 ., (,. ROBERT J,. llc:INTYRE :J ~· --·, ·~·a'--' --·· 111.:.. .) ' {.! ::__ ILL& P. llc:INTYRE . ., '• . ... -1 2 - -: \ ~ ' .... .. I , ' ' . . , I - ( • • ( • APPLICANT: The John 90 W. Belleview TYPE OF ACTION REQUESTED: • • • COUNCIL AC TI ON REQUEST LIQUOR AND J. 2 BEER OUTLE TS Annual Liquor Renewal -3.2 Beer Retail License POLICE AND FBI REP ORTS: See Attached copies PREVIOUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS, EXCWDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMMENTS: I • ( • • Fo AM DAL 401 (REV . 1/78 1 • • • ST ATE OF COLORAt~O DEPARTMENT OF REVH!JE REllEWAL APPUCATIOll FOR 3.2% FERMEllTEO 'IALT BEVERAGE LICEllSES IGET APPROVAL OF LOCAL LICEllSlllG AUTHORITY FIRSTI LIQUOR EN F O R CEMENT OF FICER 'S AC r 10 N 4 1 flH l;tTt l ""(I ~~:~;:~ D &IJ1 "011UTY ,_ "'lUUl lllD H'"O 0 ~ Ollv f .. Ul $T &l l C A "'ITOl ....... (,l)JI , .............. , Ol'-Vfl• C.OlO uT L RU ONtV u ll!"4 8 KE: "ill 14'1 F JLn i·~ Tlif. C/O ~ M SALTL.MA~ CC 72 0 S C.C l u fll DENVCI-'. CG A PP R OVEU 11-62 74 7 t'.'I AT [ f,.ISAPP A OV EO DA.Tr ------ uozn I IMPORTANT SEE INSTRUCTI ONS ON THE R EV ERSE SIDE . lr·--11· I _, r;-~!fi!:~' .. ...:.. .i MAK(; CHECK O R MONEY ORDER PA Y AB LE T O TH E C OLO RADO DEPARTMENT OF REVEN UE ----------_ SSN o.2 _ •FEIN B4..,.i)7 ~1=---- I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . NEW TPADE NAME SIGNATURE OF THERE IS A CHANG E IN OWNERSHI P 00 NOT USE THIS F O RM . USE A N ORIGINAL APPLICATION .I MANAGER 'S NAME IF APPLICANT IS A CO RPO RAT ION , F ILL IN REVERSE SIDE T YPE NAME AND DESCRIPTION OF LI CE NSE t._:_::_ __ _._, _..c~nY _e.2 i'.tR.1...cra ru P Et.t._ _,l&-2 £-E!L LENT :.I Lf..f'. ~[!A il L!Cth...£ Do you have legal possession of the prem ises for which this appllcat1on for hcenw IS made ? '[_c.--.s. _ ------ Are th e prem ises owned or rented ? ~e..O_ "-If rented, effecrnre & exp11a11on da ce o f lease _.SJl/lu_ ____ _ I s apphcant(sl or all officerhJ of the corpo ration , cit izen Isl or permanent resident i sl o f the Un ited Sta les o f America and Colorado? Is tl"le applicant , or anv of the par tners, or any of the o fficers , stockholders or directors o f sa id applican t (I f 11 is a corporation ) or employees of any such , under the age o f t wenty-one yea rs ? Yes v1cted of a crime 1n the State of Colorado or elsewhe 1e? Yes If so. state full details --------_ -· _ Has the appli cant , or any of the pa rt ners , o r any o ff icer , d ir ector o r stoc kh older of said applicant l lf 1t 1s a corpo rat ion ) ever : (al been denied a li cense under th is liquor law? Yes lb l had an alc o holic beverage li cense suspended or revoked? Yes If the answer is yes. explain fu lly fattach separate sheet , 1f needed) _ ,~-----. -~--- -'i..u. ___ __:, No -~.....---- No ... ---- N o ..... -- Does any b rewe r '( or wholesaler have a fi na ncial interest. evi d enced either by loa ns or equ ity ownershi p in the business for which this lic ense 1s requested? If the 1nswer is yes , state names dlld addresses and amoun t of such tm anc1al interest l!x prened either 1n dollars or other items of value , such as inventory , fu rniture. fixtures and equipmen t ____ ----·-Yes No V ---, ---, Liit th"°e nam81And 1ddresH1•t111 bus i nesse s ~,,; whiCh an v ot ihe per sons'" the pre vious quernon are inte re sted .-- Name ____ I ---·------1<aares•--- • 1t federal Employers ldent 1f1cat1on Number IF E IN I is p re -printed in the above space , pltAse c h~k your records to see 1f you have th e same number. If you have a d iff erent number, co rr ec t the one above so that 1t corresponds with vour records If no number appears in t he above s pace. p lease fill in w ith the FE IN you have on vour 1ecorrh • I • - STATE OF COLORADO 192 P la ce of B irth (Ci tv , Stet• o r Coun try) tl~.J CJ.!L~ LA 195. Employer (F i rm) N ern• 18lt.P08 "'11111 193. Occupa1 1on ""'~ll .. ...J7 11 96. Empl oyer (F1rml Addren 197. ln1ury /llln1u 198. TrHttd 199. TrHted B Y ( ) VH ( I No COO E: F -Father M-Moth9f' 2 04.C odi 205, Neme (L ut. F 1r 1t, Mlddle l 206. Addr tH • • • 1200. Who'° T <UlOO SM -St1pmother 114. OR I NumUt r 104. Su b1 •"t '• A c11on11 1 ·I 2 · A1m1 iJ J JOI U.l1u I 1 2 03 ........ l '' ""'-' V e !io G -Guard 1.111 l'•I ' J ' Zip Code 2 0 7 T 11 1 .. 11 r, .... ., I ": 1 • ~ #I Ro~/_J'::!lk_ £,_ -~7M;::-'~~-__ _ f---- "' :::. B u~. Ret. -- -. - i------~1--~~-+~~~~~~~~~~~~~~~~~~~-+e_u_•_·~~~~~~~~~~~~~~~~~1--~~~-+~~~~~~~-'~' : : ' ~ ( ::~ ------------------~ -----~ ~ 1' ~ ::; ------------------------~ ~ "'f,,.,,.,--,,.--'--,.~.,.-~""""'~-,..--,~~--,~~,,.-~-,.,...,--,-..~~~~~~~~~~~~-.::--:-=--=-~~~~~~~~~1":"'."=""::----:=-~.,,----,-~~~ ~ 2 08 Por•On No11 f 11d of J uvenil e Cu11ody l ltlt, F irst. M i ddle ) i209. Ae l11 1o n •n 1u J 210. 0111/T1me Not 1t1eu I z 0 ;:: ~n ll e Re lteHd To llHt, F ir t1t , M iddle) 1212. R•t•1 1on1h1p 1213. S ign•ture of P•r 1on Reu1v1ng 121•. 01te/T 1Jn• A•l•H•\J 2 15. Respon H t o R ignu 0 -S ii e n t l -Acknowte a ged 2 -W•1veo 216. Apncv Action: 0 · Rele•Md on Summons 1 • Mun 1c 1p a 1 J a il _A· Coun t v J •H C]) Youth C e n 1er 4 · D •t0 •1llca 11on C e n1•r .--. ~ ~ 3 -Sta1eme.,1 4 -No t A.ppl icol>l e 5 . Reteawa . Peno1ng Ch•'"' 6 · Ret•Hea , No Ch•r ges 7 O the r 1 0 I -/.'/I?~ Telephone N umb e r ----'-·=-'---'-..L..-_.. __ """----------- Aoa re n • 0 "' w i I 8 CJS Numu er 0•1•I T 1me of A.c11on 04 -04 · 7 ', 21 9 Statute N u m o er Ord ina n c e NumUe r 220 . C h •ree j217. AON 221 . Oft•nM '11111111 222 . Summons Nu Warr•n t No. 22 3 Mun i . 224 . :1 2&. 1 ~1 ~~ ~1-~~~~~~~~-+--~~~-~~~~1--~.,..~~~~~---·--->------~--11---~~~-~r---~-r~.,-~r--:--1-~-, 5 ---------1---------1--J!!,_u_N._4<_~_~·/ _____ i---·-----+~7~,~~~~7.:_::~~~=---+---~'-L---+-)!-t------ "' > ;:: <t 1 8 Sol. t ion Nu1111..>01 a: (. -a: ( <t z g 4 •. 01 11 .. ir•t ''"/I u \ . C. Vl,{_,__l{ 150, Auognua T o !.1 1. (. lh. l") .. I • - ( • • • • • ENGLEWOOD POL I CE UEPARTf.CNT INCl~NT REPORT ~/fl~ D v 'oc: T,. b1 I). CR I Jk_-/d325 000 ~ 0>6V I --~~-- A J ORE!:S._--"9..,.0~,J~_,i3~f:.:::U..::.:""::;.<:'..::il..:.t=.Er.::vJ~----------PHONE II 2{J__. £'?$3 __ _ NATURE ; <(,py&g Utee Vto<-tfrto-,J l?c->'l 1 Mir fl.t& k@'J!E:. 6'< &@ 1r ~N 1( Hftt=Pq) J!0:*16,} , OPE Cy ,...,£At. AtJb PE s. on•. rfi t 11 ie g.c Mc. so #?!up!. E'ltJT . PAGE _j_ of -f-. .. , • I . • DATE _I __ /_!_!:_! ...liL... • • • ENGLEWOOD POLICE L€PARH(NT I NC I C{NT RE PORT RP /BUS roA~£ __ ()_rr=-_ ..... 1.:....:....f.1__:/}1..;..:=A~c.,u· N:!..!E-'4-/ ----------OOB __ / __ / __ _ -----PHON[ II __ ------ CETAILS: /)7 ~Le~ '"'--'-,,.;c 'f. r.1 .~, h<€.<;i ~.-s IW ~~ f:.d; ,iu= ... -f:j,J,1trl fYT(._(.et!..": d.~ ' 41,t.(':S I ,.t "5 ~ l_"~'ll·U 'Nt wtA.' A,J Al'f ~ ~A~ Qr" I 1..V~.c ,..·;~() ,(al'«-<! e--);'t'A,.lc.c-/'x,oR c¥ 7 ;It_ '~l1'0 U.S -I ~NI ~,,, ~ .... -;· A.N M.5.-vc I<!. j,..,' Nf> l"H '~ -;-;,-.t_c \ " ti _7 -" -'-~: _ _J _ (':( ,,,, _,._, _11_,, __ ~_ '--~ "" c .' (:"" 4,.,,/ ! \ (. OFF lt:E4\ / \ ( ' ' I lob -~- • /r -(f'-<>.J I A/Yl!tJ <111-t ti ~ t..'( LE= t P.'IGE __ /_ P01 I • • • • • rnCLE l~OO D POLICE U::P AkTrCN1 I NC IDtr><T Rl::.P ORT ~I BLiS IM h( -----"-._-_\_ .. _11 __ /l_:./,:....::....1c ':..c'..:.-"-.;..•..;.f __ _ I OOh --~-' ---' -· --· ADDRESS ___________________________ PH O •~r ,7 • NATURE'--------------------------- CETAI LS : _ _;_A_._....i-"'-_.;_,...: .. :..'e-:__'..:.:·'.:..'.:..' :f..v _ _,,l>..::'..:.'..:.'!-'' '°4-/Jc~:..;{):___..[.;_··~-./.:...'.::s __ ':;_-"-:____:'1:__..:•.:...'~<'< A ;1('<...t..£:.._!; •l °--·-···-· r , /) _,N-"--~_,_·_I<'-< __ (_· <:""•""1'-'~--_..;../:_,_«.~u;..;<:...;'4;.;....:.·,_.,_,c.:,-v,._' __ +r_· _:./._,,'{_.(-:....·.:;-'_,,1_,_1_,:"_:.~...:?::-'---I-/-fe::.::..-=-· c:;;~_ .. .:.;·-::.<~··..:.<'..:..,.J_e-,;::: A< •ctk·l r C... ( __ A__ - "< L ' • -I I I • • ( \ . l{ ( (\ ( P ACE. ·-o f -~~ ·\' /..., Lili_ ~ OFF I L ER \ • ( '0 1 • - ( • • • I: l~C U IMJO PO Li Cl U P'I i 1-ltH rn /1 _'.:.'L -.. .7~G __ HP /Bu5 r;A~E _ _;(:..:... _;4_-,_. _:..:...\ _~1_..;..;_:;t},;::....::.>c,~w:=:..'/"1-----_ ---· __ ------OOH ___ _! __ ! ---- • P HOI~[ • -· ... ----------------------------·----· N.\TURE : /,. ,·I / ~~"'f"..Je.~ p;,.·,·,v":, '~--(He ~ ~' .. '/'~---~~l.:_ __ Cl.. .. < '~._._.·,-'('-'~~~'---- ,t'fe 1!/.l;IF" "....;. ,, ,-.,f-,.,... t*, ),,,,t.,, ,4.:r ,;.,,/f-·'.-·c;,t. (J<•l '\ H..:.s :-::.,._.,er+.>;, > OCTAi LS : -1:ji!!W•!!'! .. ~....J.6~l~-''!.:.:.~-::..:· -±··::;:·--,'.?_· _L(,~.1.::_· ....:L~-i,;.::S~'-'"'~-:.__:_t-v::: • <lov'i · l -v ,')4-.'.tt'-·~ /~I'~· /'~;..-'t,.; --Y.~ /.),c, ..V.c' ,,...·'.l ~ ....... ~-'--'--1 H-i,,c< /'1k.,..,, • .fk ~t' c:-,.1Ef.I .,4 16 y~ o q ) fr<•..i<F u tJ/o f6'"1) ~,J,71/,,., f k•·. _.w"""";:_"'......;.'_Mi>-"--""e"".,,""1.._E"~)__,,_,,._-_..._z_.7'1.'"''-'-;'-"#'"'"'"'""'"''"''~&"-'-'-~ -~v /V..11J1&~·~·:' "''--. _,_-x_-._-"'-"""'""'''-"'-.:;_&,.,~-'--~~~r---..:;_r;.:.~··=e.-v<_'t-"IY-,+l,...__.1._"E_-_ "'''·; C E -.~E?·tl.t--fl 11 ~-,,,<:. ~:'),,,,.<" .. -; A~_B_~-<{~ ,:; «'Ex. ".c ,•, .• ~.-,~c ;FZJ d y ~Jo { ?t:t Tll•~Jy <:..C1\.l,,d\ 7l4 E .~"'>f R.c ,<;_d.!!J.~..._.·r .' /;(~c-<;f:-vf:-S a.-~44.IR.l ].. ~-; t.<·~-!> ,11,11JF. 6'/ 7>C.1J.j _z_"th4 ;-~.;z::. ::{gu .,.' .!,,) ~ ... -,.F-~<r--Ji ... /,I f . q.tl. . ......:Ll::..:...;' •;...1 .-:.t.:.~c.---'-,{c~f....:•~· -'t'-'¥=""-.K"~v~!<..t:"~~~! ,,> if--~~ .. ~~f::!.l .. ,. >-'-/ r-I= .:,f-= • , ,. , --'-r'-<-~> s. ·----------------------- ------------·---·--·-··-·-------------------- ·-----·--·---------------· ·--------- PAG( ( ot I // •01 • I • J -- ("""' • • June 26, 1979 William Gilmore 2934 South Detroit Way D1mver, CO 80210 and Rodney Utz 3015 South Josephine Denver, CO d02l0 Dear ~ssrs. Gilmore and Utz: • • • The Englewood City Council will be considering the renewal of the 3.2 beer licenae of Iha John at its July 2, 1979 Council meeting. In it• yearly report, the En6lewood Police Department showa numerous police calla. Because of the number and type of calla, City Council will want you to ap~ear thia Monday, July 2, 1979, to answer any ~ueationa they may have. The Council waeting begin• at 7:30 p.m. and your place on the agenda will be early in the 14eetin~. If you have ~ueationa about the folice Department' a call report, pleaae call Ca~tain Ron Frazier. If you have any other queationa, pl•••• call myaelf or iric Johannisson. Cordially, William D. Jamee Director of Finance /jlw cc: Robert Holmes, Police Chief Ron Frazier, folice Department C~R.IIFIED MAIL • I • • • • MINU'IBS S A BOARD OF CAREER SERVICE COMMISSIONERS ,'417' ~ Thursday , May 17, 1979 ~ ?"'~ PRESENT : Judith Henning , Edward White , William Hanson , Jo~, ABSENT: OI'HERS PRESENT : Robert Brundage Mel BeVirt , Employee Relations Director; Hugh Brown , Admlnls\,1-atlve Assistant . Comnisslonu· l'ennlng cE·lled the meeting to order and called for approval of lhc Mlnut,c::; of' April 19 , 1979 . CO!Tlllissioner White rroved and Corrmissioner Hanson seconded approval of the Minutes . AYES: Henning , White , Hanson , Turner NAYES: None * * * * * * * * Item 3 on the Agenda was the Employee Association 's Choice. No representative was present . * * * * * * * * Item 4 on the Agenda was the City Manager 's Choice . Hugh Brown had nothing to report. ******** Item 5 on the Agenda was the Elnployee Relations Director 's Choice . Mel BeVirt had nothing to report . ******** Item 6 on the Agenda was the CO!Tlllissioner 's Choice . It was brought, to the attention or the Com 1lss ioners that Homer Richard 's Hearing would be on July 20 , 1979 al 9 :00 A.M., at Arapahoe County District Court . * * * * * * * * Item 7 was the Declaration of Vacancies. CO!Tlllissioner Henning reviewed the list of vacancies . After a brief d:'.scussion , CO!Tlllissioner White rroved and Corrmissioner Hanson seconded that the vacanc ies be declared as listed . AYES : Henniilg , White , Hanson, Turner NAYES: None ******** Item 8 on the Agenda was the Approval of the Eligibility Lists . rrotioned , seconded by CO!Tlllissioner Turner, that the eligibility CO!Tlllissioner Hanson lists be approved as read . (see attached;. AYES: Henning , White , Hanson , Turner Nl\YES : None * * * * * * * * Item 9 was the Acceptance of Personnel Actions. CO!Tlllissioner White Commi ssi o nc :r 'l'urner , to approve the Personnel Actjons . AYES: Henning , White, Hanson , Turner NAYES: None * * * * * * * * Upon root ion by Coirm:i ssioner White, seconded by Corrvnissioner Hanson, aL1.jou J·11c-<J t,he 111e<.:llrlf~· AYES: Hennlng , Whlle, Hanson , 'l'urner ~:AYES : None Q1a1:~, /f lki..-1(,:U ~ Ju ~11 r.. ll e nnlne, Chairpcrs Oj' C'..I.. •.:er ..,crv ice l3oard * * * * * * * * • Y-,...,;t· / Stiaron rrotioned , seconded by Comnissinner Henning I I l I ! I • • • • • • • DECLARATIO N OF VACANCIES Approved on May l '(, 19'{9 ELIGIBIL ITY LIST: C01TJ11unity Developinent: Plumbing and Mechanical Inspector, Grade 7A; (1 po s ition ) Finance Department: Junior Accountant, Grade 5A; (1 position) Library: Clerical Technician, Grade lA; (1 position ) Police Department: Law Enforcement Aide , Grade 3A; (l po s i t ion ) Public Works Department: Clerk Typist, Grade 2A; (1 position) Maintenanceworker, Streets, Grade 2A; (l position ) Mechanic 's Helper, Grade 3A; (1 posi tion) Utilities : Chief Water Treatment Plant Operator , Grade 7A; (l position) Maintenanceworker, Grade 2A; (3 posHions) Wastewater Treatment Plant: Mechanic 's Helper , Grade 3A; ( l position) Department of Finance: PBX Operator/Receptionist Parks Department: Maintenanceworker Maintenanc eworker~Irrigation Felice Department: Emergency Corm1unicator Wast ewat er Treatment Plant: Lab Technician • I . - ( NEW PRC:BATIONARY E1'1PLOYEES : Allman , Carol s . Barnard, Maple fnnette Davis, Madeline B . Dries , Eugene E. Harrison , Earl D . Hill ) Timothy Kuhn , Leon J . JV:cCarthy , Thomas rrx: Nell , l}J.wn L . JVaurer , Debra Lynn Morast, Alan Earl Peterson , Edwin Emery Rudde r , Lisa Soto , Felix Tony f1F.STCN A1'JONS • Burke , J Cl!'es E . • llolJor.an, PauJ A., Jr . • • • • PERSONNEL ACTION§. Approved on May 7 , 1979 Emergency Conrnunicator; 4A Effective 5/1/79 lab Technician-WWI'P; 6A Effec:tiVEO· 519/79 PBX Operator/ Receptionist ; Finance ; lA Effective 4/19/79 Emergency CollJTUlnicator ; 4A Effective 4/18/79 Operc; t cr Trainee-WW'l'P; 2A Effective 4/23/79 fl"aintenanceworker-Parks ; 2A Effective ~/2 4/7 9 Ass 't Directc•r of Parks and Recreation ; llA Effective 4/16/79 Cpe1·ator Trainee-Wl{J 'P ; 2A Effective 5/12/79 01.crc.lor •rr c..lnce--WW-l'P; 2A EJ'fec:llve 5111V79 E'mergency Conrnunicator ; 4A Effect.i v~ 4/17/79 Maintenance'o\Qrker-Parks; 2A Effec·tive 5/1/79 fl".aintenanceworker--Public Worl<s ; 2A Effective 5/1/79 Miiint.enanceworker-Parks; 2A Effective 5116179 Miiint:enanceworker--Parks ; 2A Effective 5/1/79 Act . Plant Operator-W,'P; 6B Effccllvc 4/2'( /'{9 1'J1 crr;cncy Con1o1 uni en.tor ; lfP. El'fcc livc l'/2':J/'f9 Chief Plant Operator--Utillties; 7E Effective 4/19/79 • I • - • ' · 'IGNATIONS (cont 'd) Horner , Charles J. Mason , Virgil Pope , Joe 'i'a.rdy , Eugene Ji'. Wood, Ela ine PROBATIOOARY 'IO PERMANENT WITH INCREASE Bock , Thomas Nelson Mandarich , Gary Scheider , Thomas ANNIVERSARY INCREASE \ Gaudill , Charles J. Nelson , S..-'.U1dra L. Patrone , Patrice Phelps , Jerry K. Reynold s, Rot.ert G. Kilkins , F.dwar-d J . Chatman , Alec P. Hagan , Brad Livergood , Arlo G. utrc-ight ' Bonnie • • • • ~chani c --Servicecenter ; 6/.. Effective;· 5/ll/79 Ma1ntenance~1 orker--Ut1l ities; 2E Effective 5/11/79 Ma intenance worker--Parks ; 2A Effective 5/15/79 Police Offic er , 3rd Class Effective 512179 El!Ergency Corrmunicat.or; 4E Ef fect ive 4/l ~/7 9 Police Officer , 3rd Class Effective;· 5/10/79 Civil Engineer; lOC Effective 5/8/79 Polic~ Officer, 3rd Class Effective 5/10/79 Chief Lab . Tech .--WWTP; 7C Effective 5/16179 Deputy County Clerk ; 2C C:ffe;ct)ve 6/1/79 I:'ep1.<ty County Clerk; 2C Effecti ve 6/16/79 Lab . Tech--Police ; BD Effective 4/12/79 Custodiar:-Blg. ; lD Effective 5/1/79 G<>lf Crs . Grds . Supv .-Parks; 7C Effective 5/23179 Mechanic --Public Works; 6 A Effective 517179 Operator I -Streets; 4D Effective 5/1"(/"19 Equipment Operatc·r II-Streets; 5E EJ'fective 5/17/79 Elnere;ency CO!rm .-Police ; 413 Effective 4/1/79 • I • • • • • • ENGLEWOOD PUBLIC LIBRARY June 12, 1979 5 The Englewood Public Library Board met for its regular meeting on Jun e 12, 1979, in th e Library Meeting Room at 7:30 p.m. PRESENT : ABSENT: Glenna Bennett, Paul Busch, David Clayyton, Dalton, Nordyke, Margaret Pearson, Lois Sterling and Dorothy Wheelehan. Merlyn Beaver and Sue Mueller. ALSO PRESENT: Sharon L. Winkle, Director of Libraries LeiOma Koestner, Circulation Librarian Eileen Browne, Recording Secretary. Chairman St e rling called the meeting to order at 7:33 p.m. Margaret Pearson was we lcomed as the newest appoinment to the Library Board . LeiOma Koestner, Circulation Librarian, gave an in d e pth report on the CLA Spring Meeting on Automated Ci rculation Systems. This was foll owed by a lenghty question and answer period by the Board. Paul Busch made the motion: TO ~PPROVE THE MINUTES OF THE MAY 8, 1979, MEETING AS RECORDED. Seconded by Dorothy Wheelehan; the motion carried. Chairman Sterling, Dorothy Wheelehan and Sharon Winkle reported on th e CLA Spring Meeting they attended in Aspen. The Director mentioned an interesting meeting on library security and emergency procedures which was pre sent ed by the Aspen Police Department. She plans to work on this with the staff in the future. Dorothy report e d that the Friends groups throughout the State are having the same type of probl e ms as the Englewood Fri e nds group. The Statewide Friends organization is publishing a new handbook for Friends Groups. One suggestion for improving conununications was to have a Friends representative attend Library Board meetings. Lois sterling report e d on the Trustees and Citizens Division meeting. They have completed work on the new Trustees Handbook and stressed the importance of attendance at the CLA Fall Conference. REPORT ON FRIENDS: Dorothy stated that the Friends have scheduled their book sale for September 29, 1979. Dal ton accepted the position of Chairman, with Margaret Pearson acting as Co-Chairman. Dorothy made the suggestion that this year's Co-Chairman become n e xt year's Chairman -in this way there would always be a Chairperson for the book sale. Plans for the book sale will be finalized at the August meeting of th e Friends . • I • • • • • • -2 - LIBRARIAN'S REPORT: The Director d istributed copies of the May statistical report. Circulation was up for th e month of May. Class visits increas e d as a r esu lt of the Chilren 's and Bookmobile Librarians visit s t o schools to stimulate interest in the Vacat ion Reading Program. Mary Math e son, a WICHE Intern, will begin work on June 21, 1979 , on the local histo ry projec t . Th e project includes th e d eve l opment of a program whi ch will incr e ase communit y awareness of the local histor y co ll ection . It will receive inc r eased visibil i ty in the community by means of a traveling display to promote use of th e co ll ec tion. A Community Advisory Committe e will assist th e intern . Members of the Committe e are: David W. Brunton, Chairman (I nt e rn Sup e rvisor) Eth el A. Alt e nba c h, Library Volunt eer George Pe rrin, Community Volunt ee r Dorothy Romans , Community De v e l o pm ent Beverly Simon , Community Volunt eer Sharon L . Winkle, Director of Librari es. BOOKMOBILE : The Bookmobile may b e affected by th e fuel situation. A r eport prepare d from information provide d by Adeline Czarny and Tom De Lia stressed that due to the tight sche dule th ere is no e xtra traveling. The Bookmobil e is still be ing broke n-in aft e r a major overhaul . Bo o km o bile use wil l b e promot ed as a means of conserving the commun ity f u el suppl y . The s t aff will examine th e Bookm o bil e produc t mix in order t o offer a wider range of s ervices. The Library staf f will pre pare 1980 Budget Req uest by July 14, 1978. Councilman Clayton requested copies of last year's bud get and th e n ew budg e t proposal. These will be present e d at th e July 10 , 1979, Board Me e ting. Councilman Clayton complimented the Library staff on the qualit y of their wo rk . Dalton ask ed i f th e staff had been given any type or r es ric tions with r e gard to th e budge t requ est. Miss Winkle responded that thi s y ear's bud get request was to be status qu o. Lois Sterling made the motion : THAT THE ENGLE WOOD PUBLIC LIBRARY BOARD NOMINATE ADELINE CZARNY, BOOKMOBILE LIBRARIAN, AS COLORADO'S LIBRARIAN OF THE YEAR TO THE COLORADO LIBRARY ASSOCIATION. Seconded by Paul Busch; the motion carried unanimously. There being no further business the meeting adjourned at 9:45 p.m . • I • • - • • • • • MINUTES ANIMAL CONTROL COMMITTEE July 9, 1979 The bimonthly meeting of the Animal Control Committ ee was held on Monday, July 9, 1979, at 7:00 p.m. All me mb e rs were present. Mrs. Hattie Ambrosier was a guest. The minutes of the last meeting were read and approv e d with the following changes: Add: 11-11-43: Disturbance of Neighborhood Pro hibited "It is unlawful for any person to keep or maintain any animal or avian (fowl) within the City which habituall y or continuously disturbs the peace and quiet of the neighborhood and the keeping of any such animal or avian (fowl) shall be declared to be a nuisance." Change: 11-11-45: Molesting Birds to 11-11-46: Molesting ~· 5 c Change: 11-11-52: Reserved to 11-11-52: Specific Live- stock Prohibited --"It shall be unlawful for anyone within the city limits of Englewood to keep, harbor, or maintain cattle, horses, sheep, goats, or swine on their premises. The only exceptions are those individuals having said animals prior to enactment of this ordinance." Add: 11-11-53: Reserved. Article III was then approved and passed by the committee. The next meeting will be held on July 23, 1979, at 7:00 p.m. The committee will take a tour of the animal pound and then return to the City Hall for discussion. Transportation will be provided to the pound from the City Hall by bus or van. The City Attorney will be sent a letter acc ompanying the full package of ordinances. He will be requested to review the ordinances and attend a special meeting held on July 30, 1979, at 7:00 p.m. At that time the committee will discuss the ordinances with the City Attorney and make any necessary changes . Meeting adjourned at 8:30 p.m. Laura Ann Hinderaker, Secretary • I • / ' • TO : FROM : DATE : SUBJECT : • • • 5 o., MEMORANDUM Honorable Mayor James L . Taylor and Memb e rs of City Council ~~ Louis Parkinson , Municipal Ju dg~v J uly 11, 1979 MUNICIPAL COURT ACTIVITY REPORT FOR JUNE , 1979 Attached is the Municipal Cou rt Activity Report for the month of June, 197 9 . The report is b ei n G transmitted to k eep you fully lnformed of Court activlLy a nd req u i r es no action oy City Council. lb Att . • ... I I I . • • • • • )nJ\J C J PAL COURT An l \'JTY R[rORT 1 1/~I. IU .Vl.~UI. '>UIJl<CE Violations Uurcau l ;111 c:-.---------------S 1•urkjnr. Vio J:.i t 10 11 F1nc s --------------- Co urt Ca s es--------------------------- Court C.:o~ts--------------------------- Wj t OC'SS Fees -------------------------- .Jury Fee~----------------------------- Bon t.I Fo rfci t urc:s---------------------- Urivcr lmprovcu1c nt School I ccs -------- Appcal BonJ Fees ---------------------- 2,M 7 7 .00 2 ,2-l S .OO C>,YJ~.0 0 I, 520 .UU :us .oo -u- -Il- l i ll.OU -II- Arapahoe Coun t y (DUI':-.)---------------__ J!~ T01AJ .S 14,~2 1.50 Arrai g nmc nts ~c hcJul cJ---------------- Gu i lty pleas lrncL noJo plcas)- Not Gui l ty pJc:1s ---------------- Co nt 1J. or Fai Jct.I to Appcar----- Traff J c Violations Bureau : Guilt y pleas-------------------- Not Guilty pleas ---------------- Trial s schcJulcd for month: J ur jc~ sc h cdulcJ lhc Jd)--------- .Junc::. i.'.;m ·c l lcJ ---------------- .lu rics \.'Ontinucd---------------- .l111 ·1c-s .l is111 1-. .. t..·J---------------- lr1 .1J , l O the Cou1·1 (licJJJ------ l 'r c t nal Confcrcnn.·:.------------------ Srcc 1 al Jlca r 1 ngs ---------------------- C:.scs closcJ b)• J1~po:-.1t1on----------­ Casc!-. c l oscJ by llcf. Pros ./Scm cnc c--- Orivc r Schoo l A t tcnJ ~n c c -------------- 1\';irr.:Jn t s :.ind l.>.ci.:ut ion s 1 ~s u c J -------- c~1 s cs pcnJing (not l nd. p::.rl..10 1:;)----- ~o . UF CA s 1;s r I LI .ii ll Y CA I \f.OWY : 2A U 12 1 7!1 h i 12 5 S• 189 12 II 117 4 1 17 9R 6 17 ~· bbO Mnvi11 1: V 111l:at 1011 :-.---------------------2!.>0 Parking Vto l ~t inn ~--------------------bhS Oth e r O rd111 :1 11 n· Vi o l .it i o 11 .. ------------l ~I 1101: CJ rJ111 :111 cl' V1u l.1t 10 11 -.--------------~.o C'oni 11l ;1111t .,h ·1\ i ZC'll, -.u l r" t ;1x , h l dJ!· )-10 "lll l f\1.S I ,11'\7 lh'"i flt'C t f11 J I Y, -.ulu111 t I cJ . . . ' I' .__-j __,J < _ -tZ{ // ,; , ,._ -,;:I I~?';;.,,,;/ U1\IUl.\l<A .J. Pl /\1\l"'Y, f I L·rl.. uf M~7~j p.1 J t:u11n (2 ) (7) 19 79 Sa me ~Ion th 1. •• ~t Yl·~1 r 2,os•.00 1,697.0U 6 ,b9 7 .00 I, 327. SO 1 ~5 .0 0 25. 00 ·U - 120.UO -ti- ~ 13,9 15.SO 2.S9 2 16 I! (I) II u II 2114 l h} 12 77 28 17 59 ) ,00(> :!!"•II ;,49 ·l h ~s I !)U l c : Louis /1:1 rUn son, Muni ci p<.11 .l udJ!l" Jlo no r ;i/J f c ~l~1 yo r .J:im C's ·1:1y l o r :i 11J Uc nih l'r s o f C ity Coun 1.:l l AnJy t-k t.m •n, Ci t y l.111 <1 J.!C r Hc r n:1 n l lh:r :1rd i n 1, C.1 t y \t to rrwy llohc rt llo Jrm.~c;, Ch i l'f o f f'o l i ce \\I I I 1 :0 11 11 •. 1.1/t;(H,. ,,, , .._.,I fi r u f I 111.l lll"t • C:1ru l y 11 0 .I. l:uc t t 1:1..·r , l"11 11rt AJ111111 h 1 r ,11111 · • To tJJ s To t :il s ·111 i ~ Yc:i r l.:ist Yl-;1r 1J I -13 ~>. 51 J4,9 i7 .SO I• ,H4 .00 1:, SdS. 00 .\6,513.00 40' .S.S3. 50 i ,R-1 5 .0 0 7 , SH~. 50 1,075 .00 I ,OJ 5 . 00 200.00 125 .00 9 05 . OU 111 7 . 5 0 9.S S .OU 1 • .:"!Jn.oo -11--0 - ~ ~I~ Ii I ,lt-l~. ll'l 86 , l•·l.SU I ,MOB I, 775 9 1• 1,218 10!1 ( 15) 7:1 (HI) 7 3 57 J 7 0 •I li ll !t (40J I, 1-1 ~ (t.7 ) I I 7 90 6:; 4 64 574 25 24 1 J 02 149 2 18 2 19 I, 7 :!.? I, 77 3 I ,S t\~ 5 , IHU IDS 109 17~ 2::!5 _}.J.. _ __!l h,57L 7 . 2 !)~1 I • • APPLICANT: GROUND ROUND RESTAURANT 5180 S. Broadway • • • COUNCIL ACTION REQUEST LIQUOR ~D J.2 BEER OUTLETS TYPE OF ACTION REQUESTED: Annual Renewal -Hotel/Restaurant Liquor License POLICE AND FBI REPORTS: Copies Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEA.RS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: . .: .... CCM.(ENTS: • ' 4 I . - ,- • • • • . . • MEMORANDUM TO: Marilyn Irons FROM: Captain Ron Frazier DATE: Ju I y 9, 1979 SUBJECT: Annual Liquor License Renewals Recap June 15, 1979 through June 15, 1979 Requests for Pol ice Assistance Pol ice Initiated Complaints Violations of License Requests for Pol ice Assistance Pol ice Initiated Complaints BOB'S GROCERY 3296 South Washington 3 .2 Beer License 5180 South Broadway Violations of License Privileges Requests for Pol ice Assistance Pol ice Initiated Complaints Violations of License Privilege ycM ,-~///tfr/L . s'e eantGeorge Mason Acting Commander Investigation Division MC GINTY'S TIG AKA Eddi e 's Supp e r Club 3370 South Acoma Stree·1 • 5 0 0 13 0 0 0 .• I • • ( • • - DRL/~:~~:~1-:J~~~~~f~l~~~~.:_c~c__E__ • REN .. E!'DALSPIAPPUCARITUOUSTION==FOR ~~~ rl DO NOTWRoT 0 l 0 IM THIS S•ACl ...., ..-n-. LIQUOR ENFORCEMENT OFF ICE R 'S A CT I ON .~£!_APPROVAL Of LOCAL UC NG AUTHORITY F11t5!> 1 "'""•Ov •i.. f ~~~::!:a i...J AtJT.OO•t T ¥ If I tllOVtillllO Sl""O t HOWARD JOHNSON GROUND ROUND 250 GRANIH: ST BRAINTREE MA co 80-171 96-003 I 02184 I APPRO V ED DISAPPROVED -DAU i I ---~1:nm•H0 ... 1 No L_ _________ _ IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . --~mmm00_100ilil@lfl\'1 MAKE CHECK OR MONEY ORDER PAYABLE TO TH E COLORADO DEPARTMENT OF REVEN UE . SS No. 1 521-64-4710 SS No. 2_ __ •FEIN ----------- ,... ,. ·" , I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL Al'l'LICATION 1 /~-EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . NEW-TRADE NAME'~--~--~-------------5180 S BOWY ENGLEWOOil -CO SIGNATU~ ~~---~-------______ Meili"'Add.... . -- '.;c1F THERE_.l.S A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.I , ··.MANAGER'S NAME --_ ': r •-' IF Al'f'LICANT IS A CORPORATION , FILL IN REVERSE SIDE . TYPE NAME AND DESCRIPTION OF LICENSE -- G MnJ~I ANO REST~~AU LIQUOR LICENSE ·i -- ---- CITY 85 PERCENT OAP FEE $ FEE 25.00 276.25 Do you have., pcmellion of me premiMI for which th ts epplict1t ion for l icense ii m.te? .~Y,_,e=s,__ _______________ _ Are tho promi,.. owned or ,..,ted7 _ rented If ,..,,ed, olfocti••.• oxpirotion doto of I-S/1/7 3 -4/30/84 _____ _ 11 •PPlicant(1) or all officer(1) ,of the corpor1tion. citi~nts) or per""''l"' rpidentjs) of the Unitl,d S_ptea of Ameti~1nd Colorado? -lY~elil-liS>-...._ __ IAnnlican~ is not a resi~ent o tne State o~ ~oioraao1 · Is the ..,.,n&lft. dlf ..-nyol'the pertnen, or 1ny of tM off1c1n . 1tocknokien or directon of utd appHcent I If it is 1 corPoratk>n). or employ-ol ony ouch . under the ... of •-nty-ono yoors1 ----------------Yn -------No _X...._ __ _ H8s t he 1ppltc.nt. or any of the s:-nnen. or any of the offtcers. stockhokters or directon of u id aipplicant {If it ii a corporation),,,... been con- vic-ted of 1 crime in the State of Coloredo or elsewhere?·-------------------Vos -------No _.,x~-- If so , stoto full detoils -------------------------------------------- Has tha appli cent, or any of the s-rtnen. or •nv officer, d irector or stockholder of 11id appli c..nt (If it is 1 corpor1tion) tvef : (a) been denied 1 license-under t h is liquor law?_ Yn ________ No X (b) had an 1 lcoholtc bl..,.,-191 license suspended or revoked? Y11 ---------No ~-- II the .,,_, is yn. oxploin fully (ottach •por8to sheet, ii neodedl. Do you or env men"lbef'1 of your firnily hwe a fin.-.ciat interest in eny other liquor Ian•? (such finenci•I intlf'el1: to include X ony equity intornt or loons). II the.,,_ is yos, uploin fully (ottoch _ ... ohoot, ii noedodl. Yn ____ No ____ _ Don 811Y pereon. firm or corporMion h9We • fin8nci81 intenst, evidenced either by lowi1 or equity ownet"lh ip in tM bulineu for which this Ileen• ii requested? If tht entwtr is y•. state n8r'MI end 8ddre ... Md .-nount of aich f in8"Cilll internt IJCp,.ned either in dollerl or other items of velue. IUCh as inwntorv, fum iturt, f ixturet Std equipment . Y11 ____ No x List th• nM'ln and edd,...1of1111 busin .... 1 in which eny of the penon1 in th• previous question.,.. inttrnted . --~~-------am• Bu11Mss Addre• • tf Fldlr1I Employers ldent1 fiAt ion Number (FEIN~ 11 pre-printed in the llbow •PK•. ptene check your records to SH if you haw the same number . If you haw a d iff•r-"t number , correct the one above so th1t 1t c0trnponds w ith your records If no number 1ppe1rs in the ebow 1pec1 , pl 1111 fill 1n with the FE IN you heve on your records . • • I • • • • • IF THE APPLICANT IS A CORPORATION. -Col. (bl. (cl. (dl. Col -(fl . (•l Orgonind und1< the •-of the Stet• ot_ __ ~gyJ..gri_q_ ______ .. Dote . __ JjJ_O_L~l ______ ---- (bl Principe! buli,.. is oonduct.i ••..Bo~ -~cbea.tel:JCounty of.,., .suf..folk ___ , Stet• ot_ _.Mass ___ _ (cl Date of filing last •nnu•I corporate report to the Secretary of St•te ___ ~/)_8...1-.lQ. ~ __ . Nome Home Address City D•te of Birth Month. D•v. Year (d) "'"iden"-------------SEE ATTACHMENT (el (fl VicePr ... : ____________ _ TreaM.Ket : ____________ _ Secr~wy _·-------------Mo...,., _____________ _ DIRECTORS : List ell Directors lat l•st 3 ere requit.t by Uw) NAME HOME STREET NO. A CITY SEE ATTACHMENT DATE OF BIRTH List all stockholder• owning or controlling env of th• cepltal 1tock of th• corporation . (Include 11etual own• or pied .... ) U• aeperate sheet If needed. NAME HOME STREET NO. & CITY PEACENT OF DATE STOCK OWNED OF BIRTH (The following 1ffidevit to be signed and acknowt~ by lndividuel1 and .-ch ~ of P9ft,...-thipe; and by Cotporatk>nJ NOV::E=:c: ~~~~H-~~?~~--- c0WALtv0TER W. CURCIO l' ---------------------- •nd • being by me firtt duly MOrn, if tor htm191f . depo• end •vs; thlt he is the ..,Picant ebow ,.rT.:t; or that he ii VICE P<~•f ~DENT of tha lbow nemed corporation; thlit he hn r.:J the tor..,ing epplicetk>n •nd thlt he knows the contenn thereof, •nd thet •II TNtten end things therein Nt forth ere true of hill own knowledge •nd he •"' to conform to ell rul•1•nd regu'8tion1 promulglttd bv the State Oepertment of Revenue in connection ther9With. Subscribed •ftd _.,,,. to before me INtfvidulll1 •nd •II tnen'ber1 of pertnenhip must •iln h•·e : this / 0:4_. my of _, _,, '7Q 13''-tq J -, 19_ ~a .,;.,, ; .< A . fi...h.A.• -rt a gnatUf• of ~OIU!f Publlc:t- Joanne R. Perrotta Attach s .. 1 • NOTARY PUBLIC --/ My Commission E~~ June a l.9~ My Co mmlKIOn/•Dl'H ~fl 1 ...) .. ' 14 ~ 8y -; REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Wholesalers, Importers ind Publ iC Tr1nsport1tion Systems disr991rd this section) (CORPORATE SEA\..) Th• f or990i ng •PPllcetion hH bffn •x•ml n9d end the premlMS, bu•in .. conducted end chuecter of the eppllc•nt 11 Mt i1f•ctorv, end w• do r9P0rt th•t 1ucti licente, If grented, w ill mfft th• rulOneb l• requ irements of the neighborhood •nd th• d•lr•s of th• lnhabit•nU, and c o mplies wit h the P'ovi s lon of Art icle 47 . T IU• 12 , C .R .S . 1 g13 , as emend9d . THEREFORE THIS APPl..ICATION IS HEREBY APPROVED. OATEO A T•-------THIS-------CtAY OF'---------• A .O . 19•--------- (NAME OF T OWN , C ITY OR COUNTV)--------------------------------------- (MAYO A OA CHAIRMAN OF BOARD OF COUNTV COMMISSIONERS OR OTHER TITLE OF l..ICENSING AUTHOR ITV .) ATTEST : CCL.ERK OR SECRETARY OR OTHER OfFICER HAVING THE OfflCIAL. SEAL. OF THE LICENSING AUTHORITV .) (If th• premltet are loqted within• town or cily, th• •bow 11)9roval mould be 11.,10 l:llY the m1ynr end clerk, If In a cownty, th9" by tft• Ct'tlhmtn of tM bCNrd or county comml ulonen 1nd UM c.terk tD the 00.rd. If, bY ordinance Dr otherwl•, tht local llc.rtlint awthorlty 11 torr. oth• offlcltl, then such approv1I showld De ven by such orflci.l ) • 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 CAPITOL ANNEX BUILDING . 1375 SHERMAN STREET. DENVER , NO LATER THAN THIRTY (30) DAYS PRIOR TO .Tli,E EJSPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL I, ,EMSING AUTHORITY AT LEAST FORTY -FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • • • • ·I ' I NAME TITLE Howard B. Johnson President Director Eugene J. Durgin Walter w. Curcio Executive Vice President Secretary/Director Vice Preside•.t Vice President F;dgar L. Andlauer Treasurer I Charles M. Enders Director Fred Smith Director Roger C. Damon Director Hoyt Ammidon Director A. A. Stambaugh, Director Jr. J. - ADDRESS 888 Park Avenue New York, NY 5 Cheryl Drive Milton, MA 26 Cumberland Road Belmont, MA 234 Bristol Road Hellesley, MA 179 E. 70th Street New York, NY 20 Sutton Place South New York, NY 172 Beacon Street Boston, MA 74 Goose Hill Road Cold Spring Harbor New York 474 Concord Road Weston, MA DATE & FLACE OF BIRTH Massachusetts 8/23/32 MassachtAsetts 11/21/16 Massachusetts 3/21/33 New Jersey 3/10/23 Pennsylvania 9/21/10 Indiana 11/24/08 Massachusetts 8/04/06 Maryland 6/30/09 Ohio 11/1/20 Howa:cd Rambin Director 4810 Post Oak Ti~her Louisiana Houston, TX 6/2/11 Joseph V. Cronin Asst. Sect. 36 Melrose Avenue Needham, MA Massachudetts • • • PAST 10 YEARS RE Same Same 120 Bright Stree Belmont, MA Same Same 201 E. 62nd Stre New York, NY Same Same 21 Lantern Lane Weston, MA 9040 Bay Hill Bl Orlando, FL (1972 1847 Post Oak Pa Houston, TX (1970 1135 Ponus Ridge New Canaan, CT (1 812 Fifth Ave., New York, NY (196 same 6/25/19 ~iOWARD JOHNSON COMPANY IS A PUBLICLY OWNED CORPORATION AND ITS SHARES ARE TRADED ON THE NEW YORK ST ·ENTITY OWNS MORE THAN 10\ OF THE STOCK OF THE CORPORATION. • • • - 0 • I • • • 0 NAME TITLE ADDRESS DATE & FLACE OF BIRTH Howard B. Johnson President Director Eugene J. Durgin Walter W. Curcio Executive Vice President Secretary/Director Vice Preside•:t Vice President Edgar L. Andlauer Treasurer i Charles M. Enders Director Fred Smith Director Roger C. Damon Director Hoyt Anunidon Director A. A. Stambaugh, Director Jr. 888 Park Avenue New York, NY 5 Cheryl Drive Milton, MA 26 Cumberland Road Belmont, MA 234 Bristol Road Uellesley, MA 179 E. 70th Street New York, NY 20 Sutton Place South New York, NY 172 Beacon Street Boston, MA 74 Goose Hill Road Cold Spring Harbor New York 474 Concord Road Weston, MA Massachusetts 8/23/32 Massachusetts 11/21/16 Massachusetts 3/21/33 New Jersey 3/10/23 Pennsylvania 9/21/10 Indiana 11/24/08 Massachusetts 8/04/06 Maryland 6/30/09 Ohio 11/1/20 J. Howard Rambin Director 4810 Post Oak Ti~her Louisiana Houston, TX 6/2/11 Joseph v. Cronin Asst. Sec~. 36 Melrose Avenue Massachudetts PAST 10 YEARS RE Same Same 120 Bright Stree Belmont, MA Same Same 201 E. 62nd Stre New York, NY Same Same 21 Lantern Lane Weston, MA 9040 Bay Hill Bl Orlando, FL (1972 1847 Post Oak Pa Houston, TX (1970 1135 Ponus Ridge New Canaan, CT (1 812 Fifth Ave., A . New York, NY (196 same needham, MA ( ~OWARD JOHNSON COMPANY IS A PUBLICLY OWNED CORPORATION AND ITS SHARES ARE TRADED ON THE NEW YORI< ST ENTITY OWNS MORE THAN 10' OF THE STOCK OF THE CORPORATION . 6/25/19 • • 4 -• • - . STATE OF COLORADO• DEPARTMENT OF REVENUE UO NOi WIO (f;' IN (II/~ Sl'ACf MANAGER'S REGISTRATION FORM ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN : Every opplicolion question mus/ be answered. Any false sta/eme111 or answer made by licensee w n stilules "perjury" and may result in the revocation of the license . REGISTRATION FEE OF s 75 MUST ACCOMPANY THIS FORM. 1. Name of Licensee: HOWARD JOHNSON COMPANY Business Telephone No. _7'-8.-....-9_-_9~0-=9'-'l=------------- 2 . Trade Name of Establishment : Ground Round Restaurant 3 . Address of Licensed Establishment: 5180 South Broadway 4 . City or Town : Englewood I Colorado 80110 41 . 24 G-80-17196-003 ACCOUNT No. of LICENSEE 19 -$75.001 5 . Name of Manager : JEFFREY D BLl\K,.i;u,,.....i;..i;,__ _______________________ _ 6 . Man ager's Birth Date : -i:A..,1.,,1•g:..,11Lis....,t~3"""'1-.....1l..09z:4~8._ __ 7. Manager's Social Security No. 8. Manager's Home Address : 61 55 Si mm'i St, #2 lh:ualla Ca 80044 9 . Manager 's Previous Employment for the last five (5) years : '9117178 th Date GJ'O!md Round Restaurants Aryada & Englevngd Co · 1011974 911977 Dn1dpntial Ins Co Demrer Co 3/1973 to 10. Is Manager a citizen of the United States of America? all Yes 0 No 11 . Has Manager ever been convicted of a felony in the State of Colorado or of a crime elsewhere? 0 Yes l:E No If yes, state full details : ----------------------------------------- 12. Has Manager ever : la) been den ied a liquor li cense under liquor laws of any state 0 Yes IXl No ; (b) had an alcoholic beverage license suspended or revoked 0 Yes IX! No ; (c) been convicted in court for violation of liquor law , regulation 0 Yes at:! No If yes , state full details : 13. Effective date of Manager 's employment : 5/26/1978 14 . Expiration date : Indefi nj te 15 . Compensation of Manager : $285/Per Week 16. Did Manager ever manaye liquor establishment in any other state? 0 Yes IXI No 17 . Doe s Manager have financial interest in this or any other liquor establishment? 0 Yes KJ No If answer is yes, give name and location of estalJlishment: 18. Docs Manager manage another "Hotel or Restaurant" licensed liquor establishment in Colorado? 0 Yes IXI No If answer is yes, give name and location of establishment: (I he fullo winy ulliduvit i} 10 be signed and acknowledged by individuals and each member of partnership uncl by corporuliofl.) STATEO F~XJEOND~X MASSACHUjTTS Count y o f ~RFOLK SS ._ S uh-.c :1:N:d .11ul :.w u r .. 1u IJt :f urn '"" tlus _2~l_s_t~=,... uuy nf --~ne ~ .1J... ~111111111m• 11 1 N111 ,1rv C..~\ (4.. ...._ "'-~ A 1~ \ .. \ (I l},-f'rtt"f II ''). '1111<.11111<.: l~.ll'<·1,1qio'~ ',/Al Myf.111111111 '.',ll llll '!''"'" ·~-·· "' I NOlll l<Y PU l11 I<. My Cnn1111i·.:;1011 ()l.IJllO:.i Jllll \! :~:i, J9RJ IM IJI V llHJ/\I '. /\NIJ /\I.I Ml MllLl-1:; Of l'Aft I Nl;lt ~;t lW MU$T S IGN M(ll E : -~~---,.,---~-,,..--...,---~--~~ Eugene J. Durgin .~i~ by me first duly sworn , if for h imself , deposes and says, that he i$ the liccnSt :c al>0vc nam.-1 ; or that he is Secretary o f the al.love named corporation ; that he has read lhc lorc9oin9 rcuis- tralion form anc1 that he knows thfl con1en1s thereof , anc1 that all mat· 11:1 : •• nul 1hi1111s ll1m1 a11 Mi l Im lll ,1111lt1M:11 1 tu~ uwn ..._uowli-tl~14 1. CUI U'Ol tA flUN tilt;N 11Lttt:: tAuo1;h :>oul) HOWARD JOHNSON COMPANY APPROVAL OF LOCAL LICENSING AUTHORITY OH REVERSE SIDE • I • • -• • • REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the character of the applicant i s sa t isfactory and complies with the provisions of Title 12, Article 47, CRS 1973. THEREFORE THC APPLICATION IS HEREBY APPROVED. ~ DATEDAT yl~ef THIS /4 DAYOF ~"? ,A.D.19-:z:;__. !NAME OF CITY, TOWN or COUNTY} (}_,, ~ ov , 4:f ~ -.: ,~:.'.',::Z..:: •• ,,, •• ~.,., ....... .. ATTEST: or otMr Offk:er H..vln1 the Offlclal SUI or the Licensing Aut"orlty) llf the p remises are located within a town or city, the •bow -roval should be signed by the movor end clerk ; ii in o county, then by the choirman of the board of countv commi•sioners end the clerk to the boord. II, by ordin.,y:. or otherwi•. the locol licen1i119 oulhority i1 some other offic iol, then such apJlrOVal should be giwn by ..,ch offic i•I.) \ / • I . - APPLICANT: BOB'S GROCERY 3296 S. Washington St. TYPE OF ACTION REQUESTED: • • • COUNCIL AC TION REQUEST LIQUOR AND J.2 BEER OUTLETS Annual Renewal -3.2 beer License POLICE AND FBI REPORTS: Copies attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, FXCWDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMl.<ENTS: 6 B I . . - 1f • • • MEMORANDUM TO: Marilyn Irons FROM: Captain Ron Frazier {' DATE: July 9, 1979 SUBJ ECT: Annual Liquor License Renewals Recap June 15, 1979 through June 15, 197 9 Requests for Pol ice Assistance Pol ice Initiated Complaint s BOB'S GROCERY 3296 South Washin gton .3 .2 Beer Licens e ·--- Violations of License Privil eges -;----~- Requests for Pol Ice Ass istance Pol ice Initiated Complaint s GROU ND ROUND RESTAURANT 5 180 South Broadway Violations of Licen se Privileges Req uests for Pol ice Ass i sta nce Pol ice Initiated Complaints Vio lations of License Privilege ·~ Se eantGeorgeMason Acting Commander Investigation Division • MC GINTY'S TI G AKA Eddie's Supper Club 3370 South Ac oma Street "-, ; ' 5 0 0 13 0 0 0 I • • • DAL 403 (Rev . 3/75) • • • • STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS , WHOLESALERS OR MANUFACTURERS) THIS APPLICATION MUST BE FILED WITH THE COLORADO DEPARTMENT OF REVENUE , TELEPHONE (303 ) 892-3741 . STAT E CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER , COLORADO 80203 . NO LICENSE WILL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY . IMPORTANT : CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE($) BEING APPLIED FOR. THIS IS AN ORIG I NA~· APPLICATION AND A COPY MUST BE KEPT IN YOUR FILES FOR REFERENCE WHEN APPL YI NG FOR RENEWA L LICENSES . .. RETAIL 3 .2% BEVERAGE LICENSE FEE S 25 .00 fJ-WHOLESALE 3.2% BEER LICENSE• FEE $100 .00 0 MANUFACTURER 'S 3.2% BEER LICENSE* FEE $100 .00 •MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE LICENSE AS IND ICATED ABOVE , UNDER THE PROVIS IONS OF TI TLE 12 , ARTICLE 46 , CRS 1973 , AND FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON- TAI NED IN THIS APPLICATION . EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LI CENSE ISSUED HEREIN TO REVOCATION . M ailing Addreas _ _....,'Sllr.--f.__..._.~.,..--:;--"-<---4'-"'-''------------- 5. Ty pe ot Bualneu --6"~P'"4i,.........._._,,,,_ ______________ -r-+,..--..~------------- 6 Do yo u have ~•I pauesaion of the prem ises or wh lch this app lication tor license is made? -~~""":...=~-------------- 7. Ate the premiw owned or rented ? 4 CJ¥£.(,,) If rented . from whom? ______________________ _ (a) Effeclive date of leue (b ) Expiration Dat e of Lease ------ 8. Undo< CRS 1973 . 12-46-105 (TO BE FILLED IN BY RETAILERS ONLY) (e )(i) The local licensing authority, based upcn one of the tollowmo class1t 1cat1ons specified In the ap p lication , shall rest rict the use ot said license to : (ii) Sales tor consumption off the premises of the licensee , or (Iii) SaMts tor consumption on the pr~1ses of the licensee, or (I v) Sa les for consumption bOlh on and oft the premises of the licensee (v) Th• provisions of ttu1 paragraph (t ) shall not apply 10 any license issued or app lied tor under thi s art icle prior 10 lhe ettecuve date of th11 pwagraph , nor 10 any renewal or re inumice thereof . lliheck one 0 0 • Section 2. Effective dale -Th is act shall take effect July 1, 1967. 4 ~ 9. Is applicant (•) or all officers ol the corpor1t 1on c1ti zen (1) ol 1he United Statu ot Ame11 c1? ----~,_Y_, '~""--'-S ____________ _ , 10. Is applicant a rnident o f the St•e of ColoradO ? ------jo-4,_,,.._ _________________________ _ 11 Wiii you inatall and keep 8t a conepicuou1 p lace on the outal of your establishment a sign w ith letters not smaller than ten inches each , containi ng the followin g worda: "ONLY 3.2% BEER SOLD HERE "? (APPLIES ONLY TO RETAILER S) __ _,v.....,,,_,.~J~------------------- 12 Are th8M prem 1 now lij!'Nd u the Stllte LiQuor Law or the 3.2% 8Mr' N:.1£ ti(,,.$ If IO , to whom 11 the llcenM 111ued ? r~ / --State Llcenee No .b.(J U ~ 13. DO YOU H AVE A COLOR ADO STATE SALES TAX CCOUNT? YES /( NO 0 IF YES. GI VE THE ACCOUNT NUMBER #-4i ~y 14 11 eny per90n emptoyed In M lling or dispensing of Fermented Malt BeY9regn by any of the app licants )(' In the bu sln ... tor which thl 1 1PPlic•ion wu maoe under the age of eight.., years ? Ye1 __ No~ • • I • • • • • 15. H~ the ~llc.nt , or .,..Y of the pw1nera, or eny of the officers, ltockholdera or directors of aaid mppllc.,t (if it is• corpor8tion) ever been convlcted of• e.tony in the St81e of Cok>r~ or been convicted of 1 crime el..where which wou\d constitute • fek>ny ii such crime hed V bMf1 committed In the St•• of Cok>r.00? Yes __ 'lo~ If 00, atate full d9toil1 -------------------------------------------- I 16. Hu the mpplicmnt . or Wly of the partnera. or Wty offie«, d irector or stockho._ of said llPPhCa"lt {i t it Is 1 corporltion) ever · (a) beet'I denied a Ileen• under this liquor lew? ---------------------------Y" __ ....,_)(_ (b) hed ., etcoholic beverage Hcen• auepended or rwoked? Yn __ 'lo_)(__ If the.,,..., la yn, HPlllin fully (.rtech MP••• sheet , ii n"°"8M"Y) 17 . Does WIY m.-.utecturer or who .... .., heve 1ny direct or indirect lin.,.cial interest in the business tor which this -s>c>llc•ion tor licen• 11 made? ---------------------------Yn __ 'lo-i<-- 18. Do you hmve W'ly fin9"cial int.,... dif'9Ctty or indirectty in .ny buain ... engeged in the mW1ufecture or who ..... ing ot Fermented Ma(t Bevereges? Yn __ 'lo _X- 19. Are you receiving directly or indirectly eny tinencl1I auistance, equipment , fixtures , chattels , decorations, or furnish in gs uMd in the stor- ing , hendling , eervlng or d l9P11"sing of tood or Fermented Melt Beverages within the premises or any structural change In the building , u:cept e•tertor aigns, from any manufacturer or wholese~ of Fermented Melt Beverages? • · Yes __ 'lo _x__ :, :~:;r~~==~.::~c1~gc?i$-E. ,.0y// fo,/~IU~. Yeo /.o/'.i'?A.,P 'lf#IJ et ~.;t; dLr HomlAd<i.... City &.i. ot e iFii7 If manager of the buain ... 11 not the epplic.,t answer (b) (bJ ----------------- Name Home Addreu City Date ol Binh 22 If the applicant is a co-pertnerwhlp, answer ·(a). (b), (c) (•) Name Home Address City Date or Binh (b) ________________ _ Name o f Manager City Dale of 8inh W (c) 'When d id u1d pMnership commence do ing business .-.d submit 1 copy ot partnerlh1p egreement ? ___ (Except huSband and wife pannerlhip .) 23. II the -licont i1 • --on1-(1), (bJ , (c), (d), (e ), and (I ). 24 . (•) Ofg.,,lzed under the tawa of the St•• ot __________ , Dole ------------------------ (b) Pr incipal bualneu 11 conducted• , County ot ----------·Stale or __________ _ (c) O.e of tiling lut .,,nuel corporme report to the Secret:wy ot St••---------------------------- (d i Name Home Add,.... President ---------------------, Vice-President Treasurer--------------------- Secr-ery --------------------- Maneget; --------------------- Dale ol Birth (e ) L11t all atockholders owning or controllin g the Cao1ta l Stock of the Corpc>r1111on . (I nclude actual owner or pledgee). UM eepwlie sheet it needed. Percent ot a.I• ot Binh Nwne Home Street No . and City Stock Owned Month , Dey , Yew (I) Li st all directora of the corpor•lon. Ute separate sheet 11 needed. Name Home Street No . .,d City Diie of Binh Month , Dey , Yew II purch-. lrom whom? _J.'.'__,AUl,;(__J.y_..L:.(;~lf..#.J.~------------------------- 25 . Give the nemee of tht'91 rnponaib~ chwacter :eferencea who can vouch for your queliticmions 1nd ~rabillty •a UcenMCI operator, lhowing the number of Y•.,. V(tU hlPle known NCh: Addreu City Stat• No . ot Year• Known Address City Stat• No . of Yeart Known Aodrffl City Stat• No . of Year1 Known • • I • • • • 26 List bek>w your buaineu or employment record tor the put f1ye yeers . Fi rm Neme Address Your Positi on Del• Employed Immediate SupervilOr IF THE ~LICANT IS A llANUFACTUllEll Oii WHOLEIAUll, ANSWER QUESTIONS 27 THROUGH 32 27 . Stete sine. what dme 9PPlicant has occupied prem ises to be li cenMd ----------------------------- 28. Slate whethet' mppfic..,t owna. leuee or operates any warehouse or stor-oe plant 1n connection with its business --------------- 11 to, state full d9teila reg•ding s.-ne --------------------------------------- 29 Does .,,Y of the 9'>P li c.,ts. or any of the partners, or any officer , d1rector or stockholder ot said appl icant . If it is a corPor•ion, hllY9 any direct or indirect fin8flc1al Interest in the business of 1elling matt , vinous or apmtous Uquor at retail? Yes __ No __ _ 30 Does any per.on o r company In tny way interested in WI)' other winery, brewery or d ist il'9ry , or wiy retail liquor estat>llshment , own, eitMr directly Of indirectly , in whote or in p.wt , the building or prem11n to be occupied by the busin ... or any fixture for wtuch this mppllcat:ion tor hcenM is m.0.7 Yes __ No __ _ 31 Does .,y owner . pan owner , th•eholdef or peraon in an y way interested in eny other w inery , brewery , dist illery , or retail liquor establ ish - ment, heYe any direct or indirect finencial interest in the business for wh ic h th is mpp hc•1on for license 1s made ? If IO , gi.,. t)art iculers Yn __ No __ _ 32 USE L AS T PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29 , 30 or 31 , ABOVE (nle following affidavit to be Stgned and acknowledged by individuals end each member of partnersh i ps and by Corporat ion .) STATE OF COLORADO .., , /) '• County of U Mj"' h,· t } ss . ~ .A.J ..,./ 4H+._f., < and , being by me first duly sworn . if for hi moelf , depooes and 18Y9 : Iha! he is the applicant above named : or !hat he i s ----~~~~-~~-------of lhe above named cor poration ; !hat he has read the foregoing application and !hat he (Title) knows the contents thereof, and that all matters and things therein set forth are true ol his own knowledge and he agrees to conform to all rules and re gul at ions promulgated by the Slate Department ol Revenue in connection therewith . SuDscribed and •worn to before me th is x -"4 ~:2...._.,, j day of .4-'-bun,; / 1921._ 0 211~;~,~ <*'1at ure olNOtarY biic) ~•lion .... her• (CORPORATE SEAL) Attach Seal (Corporate Name) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS , WHOLESALERS . IMPORTERS AND RAILROADS DISREGARD THIS SECTION) The original application has been examined and the premises . bus iness conducted and character of the applicant is sat isfactory , and we do report that such license, ii granted , will meet the reasonable requirements ol lhe neighborhood and the desi res of the inhabitants, and complies with the prov isions o f Title 12, Article "46 , CRS 1973. THEREFORE THIS APPLICATION IS HEREBY APPROVED . DATED AT --------------TH IS _____ DAY OF -----------A.O. 19 -------- (NAME OF TOWN , CITY OR COUNTY>--------------------------------- BY : (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY .) ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY.) (If the premioes are located within a town or c ity , the above approval should be signed by the mayor and clerk: ii In a county, then by the chairman of the board of county commissioners and the clerk to the board . II, by ordinance or otherwise , the local licensing authority is some other official , then such approval should be given by such official .) USE THIS SPACE FOR ADDITIONAL COMMENTS • • I • ' • • • TO: City Manager Mccown FROM: ~~~~~rector of Community Development DATE: July 12, 1979 SUBJECT: Encroachment Request at 705 West Dartmouth Avenue Mr. Loren Fletcher, the owner in contract of the property at 705 West Dartmouth Avenue, was given a variance at the June 13, 1979, meeting of the Board of Adjustment and Appeals to use the building at the above address as an office, shop, warehouse facility, The variance was necessary because the use of the building as a broom factory is non-conforming in the R-2, Medium-Density Residence Zone District, the zoning applied to the site, The Board found it would not be feasible 1 . ..-to convert the building to a residential use. • The building, which was apparently constructed in 1929, en- croaches into the right-of-way for South Galapago Street from one-half (1 /2) foot to two (2) feet on the northwest corner. This building is reported to have originally been constructed as a motel and since 1932, has been owned by Mr, and Mrs. Coleman and used as a broom factory. Mr. and Mrs. Coleman are retiring and want to sell the building to Mr. Fletcher. In addition to the building projecting very slightly into the right-of-way, Mr. Fletcher has determined that it will also be necessary to construct steps within the right-of-way in order to utilize an east entrance. The steps will be between three and four feet wide. Without the steps, the east en- trance could not be used conveniently because there would be a distance of about two feet between the grade of the property and the level of the entrance. This matter has been referred to the concerned City departments and there is no objection to either the continued encroachment of the building or to the encroachment of the proposed steps. The 3200 block of South Galapago Street has been in a Paving District, P.D. #9 of 1959, and there are no plans to widen the street further. The building and the steps will, of course, be behind the sidewalk . • ,. I • • • City Manager Mccown July 12, 1979 Page -2- • • • It would appear that the approval of the Encroachment Agree- ment would be in order. The agreement would cover the en- croachment of the existing building and the construction of the steps which will not exceed four feet in width. gw cc : Mr. Loren Fletcher Att : Land Use Map Aerial Photo Memo from Gary Diede • I . • • • • • TO : D. A. Romans Assistant Director Planning FROM: Gary Diede ..Jf!vD Director of Engineering Services DATE: July 9, 1979 RE: Encroachment at 705 W. Dartmouth Avenue I see no reason an encroachment agreement could not be granted to Loren Fletcher, Custom Homes, Inc. for the building and the steps on the 3000 Block of South Galapago Street. GD/jme • I . • • -~ -.::.::::-::.· ra --:-. -.. --::......:.--.=.-_. -_-_::_ _:::: ~~- 23' 6,RA U.€L. HURON Sr.eEEr ----i --i--· -;51--·-:----,----, --~·---I - I : -I ____.. I ~-6 '~+-CT,.J, C0 • • i '1 11 I 1;£&~4 1 I . -l 2 2so f ~ J ~30 • l -t O<X> I ~ ~r;, i ' I I -~.9;8'° ~ i -WINSLOW CONf;T. CO. I Wr~:;ir~ . 1 i ""'l lw t T ·I m ···" L ~1soo It '1 710 6490 ~ L ~i~~Ld~ I ~6?o_ -=1-----J--I G~AVEt... AU.EV·- ... ---T --~r -:::::~,;1 ~-----~·~ ! I ! ld :-:•;j'•,•1~~,.:f:~ ) . .HAf>Lj T.Z(L1 f ff E co. : 56e I • L,'-300 I ;o _ .z.-1000 1 !drr1 . -~-:-ti ·:. ____.__..__ -_L_ -------- r;-4 H·f:f<J · HG . 3 t~S ""---.. "' ~ ! 380 1 ~"1#J~, ,F_(·;_, I ~---1 -=-~~ I ~ ()\ ----" . \ I -I I I I I I ,~-- lnl ,.. I ~ I ./ Al I .i I la _ :j 1 n~ l I ;ALAPAGO -ST. () .,,.---·---------- . ~ -R·--r 1 W ~ST ooo. R ,E . f I , fll l -J . r: ' .. . ; . -i 1 "~i i ! : I '"t I t 1 . .·~~ 1:1 1 : : ·1 .. ' . . . ·""; J ... rt'! • • • I · . • • \L' __ ~G I i~ -< ---- SO . ;2S ---J i< sr, s ' - / -------- l3 . 'A U , HURON sr.ecr:r --~w; ! ; -,-~ i ' -I io ;; i · --r -1-- I 336o '---- -""'""' oo.,no · ~ ---21 ' ·'' <p -{ s c:;::: 7 - 1 w 1N S LO _coN1T co . , 1 . : e<-1 •-6 j I .: :•, I ~30 , i2250 I ~ j , 61..-s ll -6 I -~ ~ :1;, : , I ~ ~ t;: I . L " 1.soo A 1vo I 6490 t'T'1 . I I ' I . ,....,.. en -: .-JJJ __, -. :-;~~ _c- -·-CD :-1 ,. .2010 I ={>'.20 . ~ ..., rt--+-~ I "' .... I L:''L = I I -I I 2740 ..... --~ ,__ 3080 ----~ -~--=--~-= -..J_ ____ -==.J -~---=-~·--~ - I ___ J::__j GIZAVE<.. 4U.EY -...__._ . .-~ ~1F)f ~T ~-fi;.I ~:I~,. "'"-:N, ---i ~~-~~ . . : : ' ' ~-(e l C.M. t' ./tl . : LJ 1 I ' I .I I "' I i l<'ABL !Tf[':, f .-£ I-~ ·•• .!L _i~~ ~..,_l!J U>W, F. f E. l 1 5Ge I I I" ! ~-···': r l r33o ·---i L~3oo I . i!ir •: '1400 IL.JC ' . I I -/OOO j : .. : I 750 -rlJ. -F. ;;;· I' 141 0 , ' !it"tuE.Jl..s _L.c . L 400 <:•: -•·•·•-·•· -<j I dJ. H· Cf.J 1 Lii' £1/~70 ·--• I ·r./ :,~_·.'.f"._.--·-. "1430 , : i ::•[. v::,:: . , I I i I l 3 _{_ ----~ . -----L_J / -.... --~~ ~ ()\ \ j 1 I I I I 1~· lfTI..-,~ I .I &I '\ j I . I lo . I~ lfi1, ~1: i" -'to.... -,,.. --....At ~· 0 IL c ~ so. GALAPAGO ~ ST. . iTi ~~--:.-~ ~ 'ITJ---,-f -,------f t.-r--~ t7 .... _ ........... ~.- ~.­ N VI -.... 1 . 1 • 1 , wc sT -11000 , .e1e f ----------------~-"' . I of.4 ' ' I Jr. ' -20f I' I ' I '""t' -ss I ,.,~ : . I 1 ··io I ljac-t ,..A '°'•. ,/( 4 j ; : ( ·-~_Fe>( l , , ' 4 'C 1 • • } t ' 1 : I -,Ji;.;;:'·· Jr:J . -.:;, ---~· . .. _,. . ~· ---------· -• O/~ J _'._.,L T~ I I Jo~ ! . i I I j_-<d=i~ ~ I fTl : I I I I -·- • • I . ,. .. ... ~-\ \ • • • • 6 D COL. C . WAYNE KE IT H . CHIEF COLORADO ST A TE PATROL DEPARTMEN T OF HIC HWAYS STATE Of COLORADO 4201 EAST ARKANSAS AVE . (303 1 7!57 -9011 DENVER . COLORADO 80222 Th e Honorable James Taylor, Mayor City of En glewood 3 4 00 South Elati Englewo od, CO 80110 Dear Mayor Taylor : July 1 0 , 1979 As a matter of introduction , I , as Chief of the Colorado State Patrol, accepted a civic responsibi lity several years ago as Chairman of the Law Enforcement Expl o ring Division of the Denver Area Cou ncil of the Boy Scouts of Ameri ca . It has been my pleasure during this time to coord inate activities among the v a rious law enforcement exploring pos t s that will help prepare explorer scouts for careers i n law enforcement . This also affords them an opportunity to determine if they wan t to develop a career in law e nforcement . I have found the Englewood Law Enforcement Exp l oring Post to be a most a c tive and ser vice-oriented group. In recent months two of the memb ers of your group, Mike Wood and Mark Jacobs, have both been cited for their outstanding achievements. Now , to get to the reason for my letter. It has been brought to my attention that approximately 1 2 members of the Englewood Post have saved and committed approximately $80 each for registration fees for the first National Law Enforce- ment Exp lorer Conference to be held at Michigan State University in East Lansing, Michigan, July 24-28, 1979. Arrangements have been made for air transportation by the executive member s of scouting . The only hurdle left to this important conference is financial arrangements for their transportation. As Chairman of the Law Enforcement Exploring Division I hope you will present this matter before your City Council with the hope they may b e able to finance the transportation for this fine group of young people. I can assure you from my observations during recent years they are well organized, well supervised , and are a voluntary group that has been v e ry productive in applying their knowledge in law enforcement exploring in conjunction with the Englewood Police ::::~::.::;;;::::;.":::'. Oi<y of Eo9lowood i:~::~~~ CWK:sb x c: Chief R. Holmes • I • • ORDINANCE NO. SERIES OF 197g---- • • • BY AUTHORI TY A BILL FO R COUNCIL BILL NO . 3 0 INJ'RJ)D U.Cj:D BY w~tu·~ AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTI ON 22 .7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD . NO . 26 , SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERET O AUTHORIZ- ING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D , COLORADO, as follows: Section 1. That Subsections a. and b. of Section 22.7-7 of the City Comprehensive Zoning Ordinance (Ord. No. 26, Series 1963, as amended) is hereby amended by adding new subsections thereto to read as follows: 22.7-7: Sins Permitted in Enumerated Zone Districts. Upon application to and issuance by the Division of a permit therefor, the following signs, but no others, may be e recte d and maintained in the e numerated Zone Districts. a. Low Density Residential Districts: R-1 -A, R-1-B, R-1 -C, R 2, R 2-C, and R-4. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREI NAFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTE D AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANN ER OF PA PE R OR CLOTH, SHALL NOT BE POSTED MORE THAN FO RTY-FIVE ( 4 5) DAYS PRIOR TO THE ELECTION TO WHI CH THE SIGN RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN (1 5) DAYS FOLLO WIN G THE ELECTION TO WHICH THE SIGN RELATES . (a) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIM UM AREA OF POLITICAL SIGNS . NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL SIGN AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED.· (1) SIGNS ON PUBLIC UTILITY PO LES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY . • I • • • (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. • • • SHALL NOT BE ANIMATED. b. High Density Residential Districts: R-3. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREIN- AFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FORTY-FIVE (45) DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN (15) DAYS FOLLOWING THE ELECTION TO WHICH THE SIGN RELATES. (a) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED. (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY. (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the ~~~-day of July I 1979. Attest: Mayor e x officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced, read in full and passed on first reading on the ~~-day of July, 1979. ex officio City Clerk-Treasurer -2- • I • • • • OR DINl\NCE NO. SEHlI::S 0 1,. l 9i _9 __ • • - BY AUT HORITY A BILL FOR C OU C JJ. IHL.1. Nt ). JO l N'l'HOOUCI::D UY Councilman Will iams AN ORDINAN CE AMENDIN G S UB SEC'I'lONS a . AN D b . OF S EC'!' I ON 22 . 7 -7 (S I GN CODE) OF 'rl!E C l'!'Y COM PR EHEN S IVE 2 0NING ORDINANCE (Oim . NO . 26 , SERIES 1963 , l\S /\MENDED) BY ADD J NG NP.W S Ull S P.C'l'TONS 'l'llP.Irn'l'O /\l l'l'll Ol<l f.- J.NG 'l'llE l'LACJ NC 01-' l'OL .L'!'l C/\J. S l C NS lN CE H'l'/\l N i(l::SlD l·:N'J'J AI. f.O NJ-:U DIS'l'RIC'l'S . BE IT ORDAINED BY THE CITY COUNCIL OF T HE C ITY OF ENGLEWOOD , COLORl\DO , as follow s : Section 1. That Subsections a. and b. of Se ct i on 22 .7-7 of the City Comprehensive Zoning Ordinance (Ord . No. 26 , S eries 19 6 3, as amended) is hereby amended by adding n e w subsection s t h e r e to to r e a d a s f ollows: 22 .7 -7 : Sins P e rmitted in Enumerated Zon e Di stricts . UpJn application to and issuance by the Divis i on of a permit therefor, the following signs , but no others, ma y be erected a nd maintained in the enumerated Zone Distric ts . a . Low De nsity Res id e ntial Districts : R-1 -A , R-1-B, R-1 -C , R-2 , R-2-C, and R-4. 11 . POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, POLI T ICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH , SHALL NOT BE POSTED MOR E THA N FORTY -FIVE (45) DAYS PRI OR TO THE ELECTION TO WHI CH THE SIGN RELATES , AND SHAL L BE REMOVED WITHIN FIFTEEN (JS) DAY S FOLLOWING THE ELE CT I ON TO WHICH THE SIGN REL ATES . (a) PERM I T'l'ED TY PES OF POLI'l'ICAL SIGN S . WALL, WI NDOW AND GROUND. (b) PERMITTE D MAXIMUM NUMBER OF POLI TICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL S IGNS . NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL SIGN AREA . (d ) PERMITT ED MA XIMUM HEIGHT ABOVE GRA DE . SI X (6) FEET . (e ) PER MI T'l'E D LOCA'!'ION . S HALL BE WITHIN BOUNDARY L INES OF LOT ON WHICH S IGN IS LOCATED .· (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT -OF-WAY . • I • • - ' • (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. • • • b. High Density Residential Districts: R-3. 11. POLITICAL SIGNS. SUBJECT TO THE CONDIT IONS HEREIN- AFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGN S SHA LL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FOR'rY-FI VE (45) DAYS PJUOR TO TllE ELEC'l'ION ·r o WHICH THE SIGN RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN (1 5) DAYS FOLLOWING THE ELECTION TO WHICH THE SIGN RELATES. (a ) PERMI'l''l'ED TYPES OF POLITICAL SIGNS . WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ . FEE'l' 'l'OTAL /\RE/\. (d) PERMIT'l'ED MAXIMUM HEIGH'l' ABOVE GRA DE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED. ( 1) SIG NS ON PUDLIC U'l'ILI'l'Y POLES PROIHJ3I'l'ED. ( 2) SIGNS CANNOT INTERFERE WI'l'H PU BL I C lUGHT-OF-WAY . (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g ) ANIMATION. SHALL NOT BE ANIMATED. Introduced, read in full, a nd passed o n f irst reading o n the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day o f J uly, 1979. Attest : Mayor e x officio City Clerk-Tr as urc r I , William D. Jame s , do hereby c er tify that the abov e and foreg oing is a true, accurate and complete copy of a Bill for an Ordinance , introduced, r ead in full and passed on f irst reading on the 16th day of July, 1979. ex offjcio Cj ty Cler k-'J'r easurer -2- • I • • • ORDINANCE NO. S ERIES OF 197-9~~ BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO . 31 INTRODUCED BY kthp¥ AN ORDINAN CE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held on November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amend ed, Article III of the Home Rule Charter of the City of Englewood is here by amended to read as follows: 23: ARTICLE III LEGISLATIVE BODY QUALIFI CATIONS OF COUNCILMEN No person shall be eligible for the off ice of Councilman unless at the time of his election he is a citizen of the United States, at least TWENTY-ONEyears of age , and shall have been, for TWELVE consecutive months immediately pre- ceding such election, a qualified elector of the City. Councilmen elected by Districts shall also be resid e nts and qualified electors of their Districts . No elected City official shal l hold any other elective public office , nor shall he be a paid employee of the City or any other municipality. Section 2. The vo ting machines and paper ballots for said election shall carry the following designation which shall be the submission c lause: • I • • • • • FOR AGAINST AMENDMENT NO. 1 Amending the Charter of the City of Englewood relating to Article III, "Legislative Body", Section 23, "Qualifications of Councilmen", reducing the age requirement from twenty-five (25) years to twenty-one (21) years and reducing the residency requirement from three (3) years to twelve (12) months immediately preceding the election. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the ~~-day of July, 1979. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first r e ading on the day of July , 1979. e x officio City Clerk-Treasure r -2- • I • • • BY AUTH ORITY OHDINANCE NO. :;i:;1 n P.~~ OF 197 _9 __ A BILL FOR • • - Ol li!C f!. n il., Nil. ll JN'J'l {QIJUC EI ) llY C.oJ.11tc.iJ.man_J.:la.~pe r __ 7\N ORD JNl\NCE SUDMIT'PING TO /\ VO'rE or TllP. QUALI F IED E J.J ·:C 'l'O l ~S cw '1 '1 11·: C L'i'Y 0 1." ENGLEWOOD /\'l' 'i'IlE GENEJU\L MUNlCIP/\L ELE "l'l ON '1'0 ni:; m:J.ll ON NOVEMBER 6, 1979, PROPOSED AMENDMENT '1'0 'l'llE CHl\RTE R OF 1'11P. C T'l 'Y CW l <NC l,J ·:WOO IJ HEJ./\'l'lNC 'I'() 'l 'JJJ·: /\CJ·: /\Nil J{J·::; J l>l ·:NCY l{l·:c,)l l I I U .Ml<N'I ' t ll" M l ·:M111 -:1 ~:; u ~· 'i'IJE Cl'i'Y CO UNCIL. BE IT ORDAINED BY THE CITY COUNCIL OF THB CI TY OF ENGLE WO OD , COLORADO , as follows: Section 1. There is hereby submitted to the qualified elec tor s of the City of Englewood at the general municipal election to b e held on November 6, 1979, proposed amendment to t h e Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualifi e d electors of the City of Englewo od , and the certification the reof to the office of the Secretary of State of the S t ate of Colorado , pursuant to Section 9, Articl e XX, of the Colora do Cons titu tion and Section 31-2-210 , Colorado Re v ised Sta tut es , 19 7 3, as amended, Article III of the Home Rule Charter of the C i ty o f Englewood is her e by amended to read as follows: 23 : ARTICLE III LEGISLATIVE BODY QUALIFICATIONS OF CO UNCILME N No person shall be eligible for the o ffic e of Councilman unless at the time of his election he is a c i tizen of the United States , at least TWENTY-ONEyears of age , and sha ll have b een, for TWELVE consecutive months irrun e diately pre- ced ing such e l ect ion, a qualified e l ector of t h e City . Co un cilmen elected by Distri cts s hall al s o be r esjde n t s and ~uali f i e d e l ectors ·of their Districts. No elected City officia l shall h o ld a ny other e lective p ub l i c office , nor shall he b e a paid e mployee of the City o r any o ther municipa lity . S ection 2 . The voting machin e s and paper ballots for said e l ec t i on s hall carr y the following designation which sha l l b e the s ubmissio n c l au se : • I • • - "' • • • • FOR ./\GA INST /\M END MEN'l' NO. l Amending the C h arter of the City of Englewood r e lating to Article III, "Leg islative Body ", Section 23, "Qualifications of Counc i lmen ", reducing the .:ige req u ireme nt fr om twe nt y -fi v e (2'.>) years t o twenty-on e (2 1) yetlr~ .:i nd reduc i119 t h ' rcsid0 n cy rc•q11.ir0m0n 1: fro m 1·hr-1 '0 (1 ) y0.i1 ·~ f,> Lw " IV<? ( i.:n lll<)l1Lf1:; .i 111111 u d i "'-'-'I y [l .l~l'Cl'd i ll '.J I fl (' election. And each elector voting at said election and d e sirous of voting for or against said a me ndm e nt s h a ll indicate hi s c h oi ce by depressing the appropriate counter of the v oting nwchin c.• whi ...:h indicates the word "For" or "Against" or by appr opriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall b e canvassed and the result ascertained, determined, and certifie d a s required by law . Introduced, r ead in full and passed on f i r st reading on t h e 16th day of July, 1979. Puulishccl <.1s J Bill [or ;.in Ordinance on t h e 18th d.iy o[ J uly , 1979. Mayor Attest : e x officio City Clerk-Treasurer I, Wi lliam D. James , do h e r e b y certify t ha t the above and foregoi ng is a true , acc u rate and c ompl e te c opy o f a Dill f or an Ord inance , i ntroduc ed , r ead in full , and passed on f ir st reading on t h e 16th day of July, 1979. ex officio Ci ty Clerk-Trea su rer -2- • I • • • • • • , c BY AUTHORITY ORDINANCE NO. SERIES OF 197~9~~- A BILL FOR COUNCIL BILL NO. 32 INTR~ AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held on November 6, 1979, proposed amendment to the Charter of the City of Englewood as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to S ection 9 , Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Hom e Rule Charter of the City of Englewood as follows: 54: ARTICLE VIII BOARDS AND COMMISSIONS GENERAL PROVISIONS PART 1. LIBRARY BOARD BOARD CREATED The Public Library Board shall consist of nine (9) members, appointed by Council from citizens-at- large with overlapping terms of four (4) years. The City Manager shall appoint a member of the library staff to be an ex officio nonvoting member of the Board. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: • () I • • • • • FOR AGAINST AMENDMENT NO. 2 Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions, Part I., "Library Board", Section 54: "Board Created", removing the requirement that one City Councilman be a member of the Library Board. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the~~~-day of July, 1979. Mayor Attest: ex officio City Clerk-Trea surer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of July, 1979. ex officio City Clerk-Treasurer -2- • I • • OR DINANCE NO . S ERI E S OF 197 =9 ~~- • • - DY AU'l'II OHI'l'Y I\ DILL F'OH C UNCIL BILI. NO. 32 IN TRODUCED l!Y Councilman Clayton AN ORDINANCE SUBMI'rTING ·ro I\ vo·rr. OP 'f'llr. QU/\1.H'H:n l·:1.1·:c·1·o n s Of " '1'111 ·: C l'J'Y 0 1" ENGLEWOOD /\'L' 'J'JJE GENEIU\L MUNl CJ.l'/\L EJ.l':C'l'J.ON '1'0 UJ ·: lll ·:J.ll LlN NOVE MBER 6 , 1979, PROPOSED AMENDMENT '1'0 THE CH ARTE R OF 'l'l-IE CITY OF E NGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBE R OF' CITY COUNCIL BE ON THE LIBRARY BOARD. dE IT ORDAINED BY THE CITY COUNCIL OF TH E CI TY OF ENGLEWOOD, CO LORADO: Sec t ion 1 . There is h e r e by submi t ted to the q u al i f i e d e l ec tors of the City of Englewood at the general municipa l e lection to be he ld on Nov e mber 6 , 1979 , proposed ame ndme nt to the Ch arter of the City of Englewood as follows: That effective i mm e di ately upo n approval of t he q ualified e l e ctor s of the City of Englewood , and the certific ation th e r e of to t h e off.ic e o [ Llw S ec r e t <.1 ry o[ Stute o [ th e S tole of Co lorado, pursuant to S e ction 9 , Article XX , o f the Colorado Constitut i on and S e ction 31-2-210, Co l orado Re v ised Statutes , 1973 , as amended, Article VIII of th e Home Rule Charte r of the City of Englewood as follows: 5 4: ARTICLE VIII BOARD S AND COMMISSIONS GENE l ~/\L PHOVISIONS PAH'r 1. f.Il3HAHY BOARD BOARD CREATED The Public Library Board shall consis t o f nine (9) me mb e rs, appointed by Council from citizens-at- large with overlapping terms o f four (4) years . The Ci t y Mttn i:l q c r s h n ll ilf)po inr ;1 me mb e r of t h e ·1 i hra ry :;L ..i[f Lu UC <.lll <.!X uLL.i ·ju llU ll VUL.illlj Ill 'llilJ ·r UL Ll1 c Board . Se ction 2 . The voting machines a nd paper b a l lots f or sa i d elec tion shal l carry the f ollowing d es ignation which shall be the submission c laus e : • I • • • • • • • • FOR AG.'\ INST /\MENDMEN'r NO . 2 Amending the Charter of the City of En g lewood r ela t i n g to Article VIII, "Boards and Commissions, P art I., "Library Board", S e ction 54: "Doard Cre a t e d ", r e movin g the requirement that on e City Councilma n b_ a me mber of the Library Board. And each elector voting at said election and d es irous o f voting for or against said amendment shall indic ate his choice by depressing the appropriate counter of the vot i ng machine which indicates the word "For " or "Against" or b y appropriate marking upon paper ballots , wh ere used. Section 3. The proper officials of the City o f Englewood shall give notice of said general municipal election, whi ch notice shall be published in the manner and for the length o f time required by law, and the ballots cast at such election shall b e canvassed and the result ascertained, determined, and certified as required by law. Introduced, r e ad in full, and passed o n firs t reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on t he 18th day of J uly I 1979 • Ma y or Atte st: e x of f i c io City Clerk-Treasure r I, William D. James , d o h e r e by certify that the above and f oregoing is a true , accurat e , and complete c o p y of a Bill for an Ordina n ce , in t roduce d, r e ad in full, a nd passe d o n first r e ading on th e 16th day of July, 1979. e x off ic i o City Clerk-Treasure r -2- • I • • < • • ORDINANCE NO. SERI ES OF 197~9~~- BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 33 IN:i~o:ucEp BY "7£:--t'Ut~ AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE C ITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMIS SION-- THAT MEMBERS OF THE PLANNING ANO ZONING COMMISSION BE TAX-PAYING ELECTORS\: 'flh"i' an IQ .W~Bl3R6 8F 'Pllf! 'f'bl!HIHllS ltliB B8!H!i8 e8!HIISSIO!t BB P~~ 1 QFNTS OF ~HE GI'i'Y FOR ilr'f EsE.7' S'i' QtJJ!i ¥Eil1R PRISR '.PO i\PPOIN'fHEH'f. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held on November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the off ice of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows : ARTICLE VIII BOARDS AND COMMISSIONS PART II. CITY PLANNING AND ZONING COMMISSION 56: COMMISSION ESTABLISHED The Council shall establish by ordinance a City Planning and Zoning Commission consisting of nine (9) members appointed by Council, who shall be citizens- at-large with overlapping four-(4)year terms. The City Manager shall appoint an administrative officer to be an ex officio nonvoting member of the Commission. M7mbers shall be qua!ji1sf:gl ectors~ res~dents of .the City at least li'llIR,.~e ~~) e11n:!! immediately prior to the day of their appointment, and shall hold no paid office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the City Planning and Zoning Commission." • I • • - • c • • • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AMENDMENT NO. 3 AGAINST Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions", Part II, "City Planning and Zoning Commission", Section 56, "Commission Established", removing the requirement that two members of said Board shall be incumbent Councilmen;and,authorizing that appointed members to be qualified electors, •ceidcnts- Qf thg t;~t;y hw st lcaet Lhitty CwU days pzioz Lo Liie date ai tbcjr appointment And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the~~~ July, 1979 . Mayor Attest: day of I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of July, 1979. -2- • I • - ( • • ORDINANCE NO. SERIES OF 197~9~~- BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 33 INTRODUCED BY Councilman Williams AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION-- THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX-PAYING ELECTORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held on November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: ARTICLE VIII BOARDS AND COMMISSIONS PART II. CITY PLANNING AND ZONING COMMISSION 56: COMMISSION ESTABLISHED The Council shall establish by ordinance a City Planning and Zoning Commission consisting of nine (9) members appointed by Council, who shall be citizens- at-large with overlapping four-(4)year terms. The City Manager shall appoint an administrative officer to be an ex officio nonvoting member of the Commission. Members shall be qualified electors, residents of the City at least one year immediately prior to the day of their appointment, and shall hold no paid office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the City Planning and Zoning Commission." • I • - . . • • • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AMENDMENT NO. 3 AGAINST Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions", Part II, "City Planning and Zoning Commission", Section 56, "Commission Established", removing the requirement that two members of said Board shall be incumbent Councilme~ an~ authorizing that appointed members to be qualified electors And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July I 1979 • Mayor Attest: ex 0££1c10 City Clerk-treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 1979. -2-ex officio City Clerk-Treasurer • I • • - ( • • • • • J BY AUTHORITY ORDINANCE NO. SERIES OF 197~9~~-COUNCIL BILL NO . 34 A BILL FOR ~B Y AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS\' ':Pllit'i' 8Jt!~ ~IUi~RS BE RBSI~lJLNTs OF THE CITY 1''f LEAS! ONE l~AR PR:I9R '1'9 1l>PPQitJ'P ~FlH"r." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the office of the Secretary of State of Colorado, pursuant to Section 9 , Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: ARTICLE VIII BOARDS AND COMMISSIONS PART III. BOARD OF ADJUSTMENT AND APPEALS 59: BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) members appointed by Council, for overlapping terms of four (4) years. Members shall be qualified electors, residents of the City at least li'IIIft':P'f ':PH& t!l'U ~ Hi!) BAYS-immediately prior to the date of their appointment, and shall hold no other office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the Board of Adjustment and Appeals." • I • • • • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: AGAINST AMENDMENT NO. 4 Amending the Charter of the City of Englewood relat- ing to Article VIII, "Boards and Commissions", Part III, "Board of Adjustment and Appeals", Section 59, "Board Created", removing the requirement that members be tax-paying electors;and,authorizing members to be appointed who are qualified electors, •c!!iac11t!e elio •he @it} at least 'fIIIR'fY YtfO (3!) DA!S lhUllediately prigr t~ '&Re Bat:e ef their appolJitment. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the~~~day of July, 1979 . Attest: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of July, 1979. -2-ex officio City Clerk -Tre asure r • I • • • ORDINANCE NO. SERIES OF 197~9~~- BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO . 3 4 INTRODUCED BY Councilman Smith AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: 59: ARTICLE VIII BOARDS AND COMMISSIONS PART III. BOARD OF ADJUSTMENT AND APPEALS BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) members appointed by Council, for overlapping terms of four (4) years. Members shall be qualified electors, residents of the City at least one year immediately prior to the date of their appointment, and shall hold no other office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the Board of Adjustment and Appeals." • I • • , . • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AGAINST AMENDMENT NO. 4 Amending the· Charter of the City of Englewood relat- ing to Article VIII, "Boards and Commissions", Part III, "Board of Adjustment and Appeals", Section 59, "Board Created", removing the requirement that members be tax-paying electors and authorizing members to be appointed who are qualified electors . And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18thday of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 1979. -2-ex officio City Clerk-Trea surer • I • • • ORDINANCE NO.~~~ SERIES OF 1979 .. A BILL FOR • • • COUNCIL BILL NO . 35 I~B Y AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON VEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOODjREMOVING THE FOLLOWING REQUIREMENTS: THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD , COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to b e held on November 6, 1978, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as a mended, Article VIII of the Home Rule Charter of the City of Engl e woo d is hereby amended to read as follows: 61: ARTICLE VIII BOARDS AND COMMISSIONS PART IV. WATER AND SEWER BOARD BOARD CREATED The Council shall e stablish by ordinance a Water and Sewer Board. The Board shall consist of nine (9) members ap~~~~)~~ .. hh~ ~~~}l_fF9j!I qualified elec ors, ~~crv~E7'l'"rl'?J"'1:~f six (6) years. A representative from the City admin i stration shall be appointed by the City Manager to serve as an ex officio nonvoting member. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submiss ion clause: • I • • • • • • FOR AGAINST AMENDMENT NO. 5 Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions", Part "Wa and Sewer Board", Section 61, Board Created", .lllS removing the requirement that the Mayor and two City Councilmen be members of said Board and further removing the requirement that members be tax-paying electors. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the~~~day of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of July, 1979. ex officio City Clerk-Treasurer -2- • I • ... • ORDINANCE NO. SERIES OF 1979-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD; REQUIRING MEMBERS TO BE QUALIFIED ELECTORS AND RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO DATE OF THEIR APPOINTMENT ; AND REMOVING THE FOLLOWING REQUIREMENTS: THAT THE MAYOR AND TWO COUNCIL- MEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, CO LORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to b e held on November 6, 1978, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the q ualif icd electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-21 0, Colorado Revi s ed Statutes , 1973, as amended , Article VIII of the Hom e Rule Charter of the City of Engl e wood is hereby amended t o r ead as follows: 61: ARTICLE VIII BOARDS AND COMMISSIONS PART IV. WATER AND SEWER BOARD BOARD CR EATED The Council shall establish by ordinance a Water and Sewer Board . The Board shall consist of nine (9) members appointed by the Council from qualified electors, and residents of the City at least one year prior to date of their a pp ointment . Said members shall serve overlap- ping terms of six (6) years. A representative from the City administration shall be appointed by the City Mana g er to serve as an ex officio nonvoting member . Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause : • I • ( • • • • FOR AGAINST AMENDMENT NO. 5 Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions" Part IV, "Water and Sewer Board", Section 61, "Board Created", requiring members to be qualified electors and residents of the City at least one year prior to date of their appointment; removing the requirement that the Mayor and two City Coun- cilmen be members of said Board and further remov- ing the requirement that members be tax-paying electors. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 1979. ex officio City Clerk-Treasurer -2- • I • • ORDINANCE NO. SERIES OF 197-9~~ • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 IN~y AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY l, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMBER 8, 1978. WHEREAS, a Tentative Agreement dated July 9, 1979 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, on July 9, 1979, said Tentative Agreement was duly ratified by a majority of the memb er s of the Englewood Employees Association; and WHEREAS, the representatives of the City and of the Englewood Employees Association have further agreed to submit a mutual request to the City Council to modify the current wage provisions contained in the Collective Bargaining Agreement of September 8, 1978 and approved by Ordinance No. 5, Series of 1979; and WHEREAS, Section 5-10-lO(c), as amended, requires that the Tentative Agreement be approved by Ordinance duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the Tentative Agreement dated July 9, 1979 by and between the City of Englewood, Colorado, and the Englewood Employees Association, effective January 1, 1980 through December 31, 1981, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. Section 2. That the mutual request of the representatives of the office of the City Manager and representatives of the Englewood Employees Association to modify the current wage provisions con- tained in the Collective Bargaining Agreement dated September 8, 1978, approved by Ordinance No. 5, Series of 1979, whereby, effec- tive July 1, 1979, each of the e mployees covered by the terms of the September 8, 1978 Collective Bargaining Agreement shall receive a 4% wage increase on said employees' annual salary, be and the same is hereby approved. • I • • • • • Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the Collective Bargaining Agreement between the City of Englewood and the Englewood Employee s Association dated July 9, 197~ together with the wage modification to the agreement of September 8, 1978, and that the Director of Finance , ex officio City Clerk-Treasurer, shall attest the same. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the July, 1979. Attest: ex officio City Clerk-Treasurer ___ day of Mayor I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of July, 1979. ex officio City Clerk-Treasurer -2- • I • • • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND TiiE ENGLEWOOD EMPLOYEES ASSOCIATION This Agreement entered into by the City of Englewood, Colorado and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peace- ful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited tu, the following: 1. It is the exclusive right of the City to determine the mission 0f each of its constituent departments, boards and commissions, ·consistent ·.,ith the provisions of the Code, and to set standards of service to be offered to the public, and to exercise control and discretion over its organization and operations. 2. It is also the exclusive right of the City to .. direct its employees, take disciplinary action for proper cause, relieve its employees from duty because of lack of work or for other legitimate reasons, and determine the me thods, means and personnel by ••hi ch the City's operations arc to be co nduct.:? cl . The City retains the right to change any past practice which is not in conflict with this Agreement. In the event a past practice is sought to be chan ged by the City, t ·he Association will be provided notice of the intended ch ange. The Association retains the right to grieve the reasonableness of the change pursuant to the grievance procedure. ARTICLE I. DURATION OF AGREEMENT A. This Agreement shall take effect on January 1, 1980 and shall continue in force to and including December 31, 1981. B. This Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both· parties. C. If any article or section of this Agreement should be held invalid by operation of law or.any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this • I • • • • • • Page 2 Agreement shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satis- factory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Agreement shall in no way displace or modify present or fu ture statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to ·any subject or matter appropriate for meet and co n fe r discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. ARTICLE II. RECOGNITIO N The City recognizes the Englewood Employees Association as the employee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the public employees within the following ba rgaining unit: Included: All full-time, permanent, classified non-emergency employees of the City. Excluded: All part-time, temporary, seasonal, and contractual employees, students and all employees hired through the use of Federal, state or other outside funding sources for special projects or programs. ARTICLE III. NONDISCRIMINATION A. The City will not interfere with or discriminate in respect t 0 any term or condition of employment against any employee covered by this Agreement because of membership in, or legitimate activity as provided in this Agreement on be- half of the members of this bargaining unit, nor will the City encourage member- ship in another Association. B. The Association recognizes its responsibility as the exclusive bargain- ing agent and agrees to represent all e~loyees in the bargaining unit without discrimination, interference, restraint or coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. B. Employees of the City also shall have the right to refuse to join or participate in any activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. C. No employee ~hall be interfered with, intimidated, restrained, or coerced because of the exercise of these rights • • I • • • • • • l'age 3 ARTICLE V. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for.the efficient transaction of their respective services. Such have been determined for non-emergency employees as follows: 1. All employees covered by this Agreement shall work at least forty (40) hours per week, or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (S) eigh t- hour shifts, or other work schedules as determined by the department head with approval of the City Manager. ARTICLE VI. OVERTIME WORK A. For all employees covered by this Agreement and except as otherwise provided, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued overtime. B. As determined by the appointing authority, all personnel, other than those so determined to be exempt from compensation of overtime, shall be compensated for overtime work at the rate of one and one-half (l~) times the normal pay rate or compensatory time off during normal work hours, computed at the rate of one and one-half (110 times. C. The aforesaid notwithstanding, the appointing authority may authorize overtime compensation for overtime worked during emergencies for any mlJllicipal employee below the department head level. D. The City retains the right to assign overtime work to any employee qualified to perform the work. ARTICLE VII. ACTING PAY All acting positions would be compensated at one-half the difference between the employee's actual classification and that is which he is acLinc; as approved by the appointing authority, namely the City Manager. The employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day of said employee assumes the responsibilities of the position. ARTICLE VIII. MERIT INCREASES All merit increases provided for the employee will be considered upon th e anniversary date and shall not be considered automatic, but rather, bas1!d upon performance. Said merit increase may be granted or denied to any indivi dual employee upon recommendation of the department head and with the approval of the City Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE IX. COMPENSATION A. Each employee i n the classified service shall be paid at one of th e rates set forth in the pay plan for the class in which he is employed • • I • • • • - Page 4 Il. At least the minimum rate of pay for a class shall be paid to an cruploye e who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade established for the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (l) The e~loyee is on leave without pay. The previous anniversary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2) The employee terminates his employment and later is re-employed. The new anniversary date shall be determined by his new employment date. (3) When it is determined that the employee merits an increase, the date of the increase will determine the new anniversary date. E. Employees of the City of Englewood represented by the Englewood Employees Association and covered by this Agreement shall receive a seven percent (7%) increase on the base wage rate effective January 1, 1980. On January 1, 1981 all meubers covered by this Agreement shall receive a seven percent (7%) wage increase on the base wage. · ARTICLE X. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule. Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amoWlt equal to $12 for each full month of co~leted continuous service after completion of 5 years of cont.inuous service up to December l. 10-14 $24 per · month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those eaployees who have not completed 16 full years of continuous service on December l of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after coapletion of 15 years of service up to De~ember l. • I • • • • - Page 5 20 or more $48 per month for $5 76 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. ARTICLE XI. PROBATIONARY EMPLOYEES The probationary period for all newly appointed e!ll>loyees shall be twelve (12) months from the date of hire. After completion of the probationary period, the employee shall be given permanent status. ARTICLE XII. PROMOTIONS A. A promoted City employee shall receive a minimum of one step increase in pay and serve a twelve (12) month probationary period in the new position; provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the head of the department to which the employee was promoted may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the appointing authority approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. Upon attaining permanent status in the new position, the employee shall receive a one step increase in pay; provided, however, that the additional step is available in the new grade. Whenever a vacant position is to be filled, ·the top three (3) names on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period. Competitive examinations for positions above the entrance level shall be open to qualified City employees, and the final score of each applicant shall include appropriate considerations · of the applicant's qualifications, records of performance and seniority with the City. B. Any permanent employee in the classified service upon being prc.moted to a new position in the Career Service System shall have probationary f tatus as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the appointing authority. C. The reclassi fication of a position occupied by a permanent e~,loyee in the classified service shall not be considered as a promotion. ARTICLE XIII. ANNUAL LEAVE A. Employee covered by this Agreement shall accumulate annual leave monthly at the rate of l~ days per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless othetwise authorized by the department head. In order to qualify for annual leave credit during the 111>nth, the employee must have worked for at least one-half (Is) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty' (30) days • • I • - • • • • Page 6 B. After ten (10) years of continuous service with the City, empl .. yees shall accumulate annual leave at the rate of l~ days of annual leave per month of active service. In order to qualify for annual leave credit during th e month, the e8'>loyee must have worked for at least one-half C'il of the working days of that month excluding authorized paid leave. The maximum accumulation shall be 40 days. C. Annual leave shall neither be authorized nor computed for any purpos e after the maximum accumulation has been reached. Use The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the department head. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City rec ~uires the employee to work during the scheduled annual leave period. The employee shall not be charged with vacation time for the number of hours worked. How Charged Annual leave for employees shall be charged on a work-day basis e xclud i ng r e gular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE XIV . PERSONAL LEAVE Beginning January l, 1980, all employees covered by this Agreement shall be granted 48 hours personal leave time with pay which an employee is entitled to use for the following purposes: 1. Time lost as a result of illness/injury to the employee or the employees immediate family. 2. Attend personal business. 3. Leisure time • • I • • • • • Pa ge 7 For any employee who has not used the 48 hours of personal leave time ending December 31, of each year or any portion thereof, the City will compensate sai d employee for the unused time at the employees regular wage rate to be paid the last pay period in Deced>er of each year. Personal leave time shall not exceed 48 hours nor shall it be accW11ulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Department Head. In the event of illness/injury in which personal leav ·~ is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees s hal l report at the beginning of their scheduled reporting time. ARTICLE XV. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee ·which disability prevents the employee from pe rforming his/her duties as a City employee. Provision Effective January 1, 1980, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100% of the employees regular wage up to 120 calendar days of disabilcty. Temporary disability leave shall not be accumulative except that on January of each year the City shall restore 100% of the number of days used by an employee during the preceeding year up to a maximum of 60 days. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability B. Authorization for temporary disability shall only be granted for the following reasons: 1. Personal illness or injury not service connected, including maternity. Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: 1. After the 120 days as described above, have been used, unless the employee is eligible fo r retirement as a result of disability. 2. By cashing in all accrued sick leave accu.mulated under the previous plan upon normal retirement from the City at the rate of one day's pay for each two days of accrued sick leave or one days pay for each four days upon separation from the City. Reporting of Temporary Disability The employee or a member of the employees household shall notify the employees supervisor prior to the employees scheduled reporting time. No • I • • • • • temporary dis a b ility leave will be granted to an emp loyee who fails to notify their supervisor prior to the beginning of the e mp l oyee s wor k schedule . V rification of Di s abili cy It sha ll b e t h e res ponsibility of the department h e ad t o de t ermine the validity of eligibili t y of t;he sick leave. His signature on th leave req uest fo r m noting sick leave e nti tlement shall indicate such determination. Abuse of Tem p orary Disabili t y Abuse of temporary disability occurs when an employee misrep r ese n t $ t h e actual reason for requesting temporary disability or when an emp loyee u ;es temporary disability leave for unauthorized purposes. An employee who make s a false claim for temporary disability leave shall be subject to dis cip linary action or dismissal. ARTICLE XVI. ON-THFr-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absent f rom work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed physician(s) at the City's expense or under the provision of workmen's compensation. The employee will not be charged sick leave for disability under this Article. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment. ARTICLE XVII. MILITARY LEAVE A. Any permanent or probationary employee who enlists or i s induct e <l lnto the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (l) year thereafter. B. Any employe e who shall be a member of the National Guard of any other comp onent of the mi litary f orces of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the r e serve f orces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other beµefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifte en (15) days in a ny c ale ndar year. Such leave shall be allowed in case the required military service i s satis f actorily performed, which shall be presumed unless the contrary is established. • I • ,., • • • - Page 9 C. Such leave shall not be allowed unless the employee returns to his public position imnediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. ARTICLE XVIII. FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. lbe number of days granted shall be governed by the circumstances of the case, but in no event shaJ l they exceed five (5) calendar days. For the purposes of this section, "emplcyee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE XIX. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or a :; a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XX. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. New Year's Day: January l 2. Washington's Birthday: the third Monday in February 3. Memorial Day: the last Monday in May 4. Independence Day: July 4 S. Labor Day: the first Monday in September 6. Veteran's Day: November 11 7. Thanksgiving Day: the fourth Thursday in November B. Fourth Friday of November following Thanksgiving Day 9. Christmas Eve: December 24 10. Christmas Day: December 25 11. New Year's Eve: December 31 B. Any employee covered by this Agreement who does not perform duty scheduled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless otherwise authorized by the department head. C. Eligible employees shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an official city holiday shall receive one and one-half (l~ times the employee's regular rate of pay for all hours actually worked in addition to the employee 1 s 'regular pay for the holiday or equivalent time off for the number of hours actually worked at the discretion of the department head. • I • • • • - Page 10 D. When any of the foregoing holidays fall on a Sunday, t he following 1-bnday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE XXI. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. .The employee is responsible for any damage to the uniform by negligence or deliberate act. lbe City will pay total cost of normal uniform cleaning. ARTICLE XXII. TUITION REFUND The tuition refund program will be continued by the City based upon the funding formula of $10 per person per number of employees covered by this Agreement. ARTICLE XXIII. LIFE INSURANCE Term Life Insurance will be provided by the City for employees co ·.rered by this Agreement of $20,000 for each employee. A conversion privilege upon retirement of 50% coverage payable by the employee will be made available by the City for said retired employee. ARTICLE XXIV. DENTAL INSURANCE Based upon the 1979 dental insurance premium rates, the City shall provide coverage for the City Dental Insurance Plan of 100% for single and dependent policyholders. Employees shall assume any premium rate increase during the life of this Agreement in excess of $30 per month. (For description of the coverage, see the City Dental Insurance Plan.) ARTICLE XXV. HEALTH INSURANCE -EMPLOYEES/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% f or single and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in excess of $120 per month. (For description of the coverage provided, see the City Health Insurance Plan.) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privileges .to the Health Insurance Plan available through the City, The City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month , ARTICLE XXYI. RETIREMENT BENEFITS The retirement benefits for employees covered by this Agreement are set forth in Title V, Chapter 9, Retirement,. of the Englewood Municipal Code. The following changes shall be made January l, 1980 • I • • • • • P age 11 A. For prior service : • 75% of the meubers final average monthly c .rnipen- sation, multiplied by the number of years of credited prior service. B. For current service: 1.5% of final average monthly compensation, multiplied times the number of years of credited current service. ARTICLE XXVII. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determination, the required number of employees in the affected department and position shall be placed on a re-employment list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. ARTICLE XXVIII. LEAVES OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child care, serious illness of a member of the employees family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any city benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employees department head. The request shall indicate t he reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department head shall grant or deny leave requests, taking into consideratio n the departments work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXIX . GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee or the Association covered by the terms of this Agreement concerning the interpretation or application of this Agreement. The Association and the employee shall be required to fol1'>w the procedure as set out below. The purpose of the grievance procedure is to provide a just and equitable method for the resolution of grievance without • I • • • • - l'age 12 discrimination, coercion, restraint and reprisal against any employee who may submit or be involved in a grievance. Employees may be represented by parties of their choice at any stage of the grievance procedure. A. "Grievance" means a complaint by an employee concerning the interpreta- tion or application of the provisions of the Memorandum of Understanding or of rules and regulations covering personnel practice or working conditions, which complaint has not been resolved satisfactorily in an informal manner between the employee and his immediate supervisor. B. "Work Day" means calendar days exclusive of Saturdays, Sundays and legal holidays. C. "Association Grievanc:e" shall be only one affecting significantly large numbers of employees in the unit. Step 1. If the employee is unable to settle the grievance or dispute orally and in- formally through his/her immediate supervisor within five work days of the date of the occurrence of the grievance, or the employees knowledge of it, the employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work day~. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) ·work days after the supervisor's response is due. The department head shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in .writing within five (5) work days after the response of the department head is due. The City Manager or hisiher de&ignated representative shall respond in writing within ten (10) work days. Step 4. If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative is due, may by written notice · request the matter be heard by the Career Service Board. The career Service Board shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own representatives and witnesses. Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance unless circumstances beyond the control of the employee would not permit compliance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board The Career Service Board shall change the terms of this Agreement. final and binding upon the parties. to the grievance submitted which has procedure outlined. have no power to add to or subtract from or The written decision of the Board shall be The Board shall limit its decision strictly been properly processed .through the grievanc e • I • n • • • • Grievance Option It is agreed that should the appeal procedure as provided under 5-3-13 of the Municipal Code be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. ARTICLE XXX. DUES DEDUCTION A. The City agrees to deduct the Association dues once each m:>nth from the pay of those employees who individually request in .writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deduction shall be-made from only one payment of wages each month, except that if no wages are paid an authorizing employee on the last payday of a given month, deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly city payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. The Association shall indemnify and hold the City harmless a~ai1 s t ~ny and all claims, suits, orders, or judgments brought or issued against tlH City as a result o f any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided tl1e Ci ty Finance Director. E. Should the change in the deduction amount or method require a ·:omputer programming change, the Association shall be responsible for the cost o 1 such change or changes, at $25 per hour with a four (4) hour maximum. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXXI. MAINTENANCE OF BENEFITS All wages, hours .and other terms and conditions of employment granted to the employees covered 'by this Agreement in the Englewood Charter, Municipal Code, this Memorandum of Understanding, and prior Memoranda of Understanding, with • I • - • • • • • • Page 14 superseding Memorandum of Understanding provisions prevailing, shall continue in full force and effect at the highest level of benefits existing immediat ely prior to this Memorandum of Understanding. It is expressly agreed that any change in benefits must be negotiated and agreed to by both parties . In Witness Whereof, the parties have caused this Agreement to be signed by their lf'SJJH_Ctive r.lilpre!jentatives, and their signatures place thereon , on this Pday of -.J C< fi , 1979 at Englewood, Colorado. ~(?~ E"";;_::"l_ES AS:P:/L --~~ ~~ ( • I • • - • • • This Agreement entered into by the authorized City representatives and the Englewood Employees Association shall be a mutual request of the above named parties thatthe City Council modify the current wage provisions as contained in the 1978 Memorandum of Understanding, to reflect that effective July 1, 1979, that each employee covered by the terms of the 1978 Memorandum of Understanding receive a 4% wage in- crease on his/her annual salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 6th day of July, 1979, at Englewood, Colorado. CITY OF ENGLEWOOD c . ~=ef • I • • • • • ORDIN ANCE NO. SERIES OF 197g--- • • • BY AU'rHORITY A BILL FOR COUNCIL BILL NO. J u INTRODUCED BY Coun cilman Clayton AN ORDINANCE APPROVING A COLLEC'rIVE BARGAINING AGREEMEN'l' BY AND BETWEEN THE CITY OP ENGLEWOOD, COLORADO , l\ND 'I'l-lE ENGLE WO OD EMPLOYEES l\S SOCil\'l'ION , EFFECTIVE J/\NUl\RY l, 1980 'l'lllWUG!I DECEMBEH 3J, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISI ON S CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMB ER 8, 1978. WHEREAS, a Tentative Agreement dated July 9, 1979 by and between the City of Engl e wood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, on July 9 , 1979, said Tentative Agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS, the representatives of the City and of the Englewood Employees Association have further agreed to submit a mutual request to the City Council to modify the current wage provisions contained in the Collective Bargaining Agreement of September 8, 1978 and approved by Ordinanc e No. 5, Series of 1979; and WHEREAS, Section 5-10-lO(c), as amended, requires that the Tentative Agreement be approved by Ordinance duly passed by City Counci l. NOW, 'l'llEREFOl<Jo:, n" IT OHD/\INf·:D IJY 'f'llE C ITY COU NCTI. OF 'l'l!E Cl'l'Y OF ENGLEWOOO , COLOl~DO: Section 1. That the Tentative Agreement dated July 9, 1979 by and bet~een the City of Englewood, Colorado , and the Englewood Employees Association, effective January 1, 1980 through December 31, 1981, a copy of which is attached hereto and made a part hereof, b e and the same is hereby approved . Section 2. That the mutual request of the representatives of the office of the City Manager a nd r e presentatives of the Englewood Employees Association to modify the current wage provisions con- tained in the Collective Bargaining Agreement dated September 8, 1978, approved by Ordinance No. 5 , Series of 1979, whereby, effec- tive July 1, 1979, each of the employees covered by the terms of the September 8, 1978 Collective Bargaining Agreement shall receive a 4% wage increase on said employees' annual salary, be and the same is hereby approved. • I • • • • ,. • Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the Collective Bargaining Agreement between the City of Engle wood and the En9lewood Rmp]oye s /\ssociation dated July 9 , 19791 tog ether with the w ;:1<J ' modi fj -.1 l i o n to the agreement of September 8, 1978, and that the Direc tor of Finance , ex officio City Clerk-Treasure r, shall attes t the sam .. Introduced , r ead in full, and passed on firsL r ead inq on the 16th day of July, 1979. Published as c1 !Jill for an Ordinance on the 18th uc1y 01 J uly, 1979 . Attest: Mayor ex officio City Clerk-Treasurer I, William D. James , do hereby certify that the abov e and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full and passed on fir st reading on the 16th day of July , 1979. ex officio City Clerk-Treasurer -2- • I • ( ( • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION This Agreement entered into by the City of Englewood, Colorado and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peace- ful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: 1. It is the exclusive right of the City to determine the mission 0f each of its constituent departments, boards and commissions, consistent •ith the provisions of the Code, and to set standards of service to be offered to the public, and to exercise control and discretion over its organization and operations. 2. It is also the exclusive right of the City to. direct its employees, take disciplinary action for proper cause, relieve its enq>loyees from duty because of lack of work or for other legitimate reasons, and determine the methods, means and personnel by which the City's operations are to be concluctc cl. The City retains the right to change any past practice which is not in conflict with this Agreement. In the event a past practice is sought to be changed by the City, the Association will be provided notice of the intended change. The Association retains the right to grieve the reasonableness of the change pursuant to the grievance procedure. ARTICLE I. DURATION OF AGREEMENT A. This Agreement shall take effect on January 1, 1980 and shall continue in force to and including December 31, 1981. B. This Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both· parties. C. If any article or section of this Agreement should be held invalid by operation of law or. any Court of competent jurisdiction, or if conq>liance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this • I • • ....... ( ( • • • - Page 2 Agreement shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satis- factory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Agreement shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to ·any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. ARTICLE II. RECOGNITION The City recognizes the Englewood Employees Association as the employee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit: Included: All full-time, permanent, classified non-emergency employees of the City. Excluded: All part-time, temporary, seasonal, and contractual employees, students and all employees hired through the use of Federal, state or other outside funding sources for special projects or programs. ARTICLE III. NONDISCRIMINATION A. The City will not interfere with or discriminate in res p ect t 0 an y term or condition of employment against any employee covered by this Agreement because of membership in, or legitimate activity as provided in this Agreement on be- half of the members of this bargaining unit, nor will the City encourage member- ship in another Association. B. The Association recognizes its responsibility as the exclusive bargain- ing agent and agrees to represent all employees in the bargaining unit without dis crimination, interference, restraint or coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Employees of the City shall have the right to for.m, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. B. Employees of the City also shall have the right to refuse to join or participate in any activities of employee organizations and shall have the right to represent themselves individually in their employment relations with theCiey. C. No employee ~hall be interfered with, intimidated, restrained, or coerced because of the exercise of these rights. • I • • ( ( • • • • Page 3 ARTICLE V. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for.the efficient transaction of their respective services. Such have been determined for non-emergency employees as follows: 1. All employees covered by this Agreement shall work at least forty (40) hours per week, or in the case of shift work, an average of f orty (40) hours per week. The work week shall consist of five (5) eight- hour shifts, or other work schedules as determined by the department head with approval of the City Manager. ARTICLE VI. OVERTIME WORK A. For all employees covered by this Agreement and except as otherwise provided, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued overtime. B. As determined by the appointing authority, all personnel, other than those so determined to be exempt from compensation of overtime, shall be compensated for overtime work at the rate of one and one-half (l~) times the normal pay rate or compensatory time off during normal work hours, computed at the rate of one and one-half (l~ times. C. The afo r esa id n otwi thstanding , the appointing authority may authorize ove r time compensation fo r overtime worked during emergencies for any mlJllicipal employ below th depa r t ment head level. D. Th City r tains the right to assign overtime work to any employee q ualified to perform the work. ARTICLE VII. ACTING PAY All acti po i t ions would be compensated at one-hal f the difference betw en the mploy e 's a c tual classification and that is wh ich h e is acting as app r o ve d by the appointing authority, namely the City Manager. The employ ee must be in the position for a period of thirty (30) consecutive cale ndar days before said employee becomes eligible for acting position compensation. Such p a y wi ll be retroactive to the first day of said employee assumes the responsibilities of the position. ARTICLE VIII. MERIT INCREASES All merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, basi!d upon performance. Said merit increase may be granted or denied to any individual employee upon recommendation of the department head and with the approval of the City Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE IX. COMPENSATION A. Each employee i n the classified service shall be paid at one o f th e rates set forth in the pay plan for the class in which he is employed . • I • { • • • • Page 4 13. At least the minimum rate of pay for a class sha ll be pa i d to an employee who i s starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade e stablished for the class. In such cases there will b e no r eduction i n pa y. D. A change in anniversary date will result when: (l) The eiq>loyee is on leave without pay. The previ ous annive rsary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2) The employee terminates his employment and later i s r e-employe d . The new anniversary date shall be determined by his new employment date . (3) When it is determined that the employee merits an increase, the date of the increase will determine the new anniversary date. E. Employees of the City of Englewood represented by the Englewood Employe es Association and covered by this Agreement shall receive a seven percent (7%) increase on the base wage rate effective January 1, 1980. On January 1, 1981 all members covered by this Agreement shall receive a seven percent (7%) wage increase on the base wage. · · ARTICLE X. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule . Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employe es who h a ve not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an aDDunt equal to $12 for each full 1nonth of coq>le ted conti nuous service a fter completion of 5 years of cont.inuous service up to December 1. 10-14 $24 per ·month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December l of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 ye ars of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those ezq>loyees who have not completed 16 full years of continuous service on December l of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December l. ' • I • l ( • • • • Page 5 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on Decenber l of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 yea rs of continuous service up to December 1. ARTICLE XI. PROBATIONARY EMPLOYEES 'llle probationary period for all newly appointed employees shall be twelve (12) months from the date of hire. After completion of the probationary period, the employee shall be given permanent status. ARTICLE XII. PROMOTIONS A. A promoted City employee shall receive a minimum of one step increase in pay and serve a twelve (12) month probationary period in the new position; provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the head of the department to which the employee was promoted may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the appointing authority approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. Upon attaining permanent status in the new position, the employee shall receive a one step increase in pay; provided, however, that the additional step is available in the new grade. Whenever a vacant position is to be filled, ·the top three (3) names on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period. Competitive examinations for positions above the entrance level shall be open to qualified City employees, and the final score of each applicant shall include appropriate considerations · of the applicant's qualifications, records of performance and seniority with the City. B. Any permanent employee in the classified service upon being prc •moted to a new position in the Career Service System shall have probationary Etatus as set out above in any position to which he was promoted, but shal l retain permanent status in his pre vious classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the appointing authority. C. 'llle reclassification of a position occupied by a permanent employee in the classified service shall not be considered as a promotion. ARTICLE XIII. ANNUAL LEAVE A. Employee covered by this Agreement shall accumulate annual leave monthly at the rate of 1'1; days per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the department head. In order to qualify for annual leave credit during the ID)nth, the employee must have worked for at least one-half (~ of the working days of that month excluding authorized paid leave. For those employees having l ess than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty' (30) days • I • - ( • • • Page 6 B. After ten (10) years of continuous service with the City, empl .. yees shall accumulate annual leave at the rate of l~ days of annual leave per 100nth of active service. In order to qualify for annual leave credit during the month, the eqiloyee must have worked for at least one-half ('" of the working days of that month excluding authorized paid leave. The maximum accumulati on shall be 40 days. C. Annual leave shall neither be authorized nor computed for any purpose after the maximum accumulation has been reached. Use The schedule for use of annual leave shall be determined by th e needs of the department. Annual leave shall be taken at a time convenient to and approved by the department head. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City re•tuires the employee to work during the scheduled annual leave period. The employee shall not be charged with vacation time for the number of hours worked. How Charged Annual leave for employees shall be charged on a work-day basis excludi ng r e gular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE XI V. PERSONAL LEAVE Beginning January 1, 1980, all employees covered by this Agreement shall be granted 48 hours personal leave time with pay which an employee is entitled to use for the following purposes: 1. Time lost as a result of illness/injury to the employee or the em ployees immediate family. 2. Attend personal business. 3. Leisure time • • I • • ( • • • - Pase 7 For any employee who has not used the 48 hours of personal leave time ending December 31, of each year or any portion thereof, the City will compensate said employee for the unused time at the eq>loyees regular wage rate to be paid the last pay period in December of each year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Department Head. In the event of illness/injury in which personal leav·~ is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting time. ARTICLE XV. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee ·which disability prevents the employee from performing his/her duties as a City employee. Provision Effective January 1, 1980, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100% of the employees regular wage up to 120 calendar days of disabilcty. Temporary disability leave shall not be accumulative except that on January of each year the City shall restore 100% of the number of days used by an employee during the preceeding year up to a maximum of 60 days. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability B. Authorization for temporary disability shall only be granted for the followi ng reasons: l. Personal illness or injury not service coruiected, including maternity. Si ck Le ave Option All sick leave accrued by permanent employees prior to January l, 1980 shall vest with the employee, and may be used in the following manner: l. After the 120 days as described above, have been used, unless the employee is eligible for retirement as a result of disability. 2. By cashing in all accrued sick leave acc~ulated under the previous plan upon normal retirement from the City at the rate of one day's pay for each two days of accrued sick leave or one days pay for each four days upon separation from the City. Reporting of Temporary Dis a bility The employee or a member of the employees household shall notify the employees supervisor prior to the employees scheduled reporting time. No • I • • • • • - Page 8 temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employees work sche dule . Verification of Disability It shall be the responsibility of the department head to determine the validity of eligibility of ~he sick leave. His signature on the l e ave req uest f orm noting sick leave entitlement shall indicate such determinatio n. Ab use of Temporary Disability Abuse of temporary disability occurs when an employee misrepresent~ the actual reason for requesting temporary disability or when an employee u ;es temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE XVI. ON-THE-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed physician{s) at the City's expense or under the provision of workmen's compensation. The employee will not be charged sick leave for disability under this Article. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the ittjury or before the employee leaves their department of employment. ARTICLE XVII. MILITARY LEAVE A. llny permanent or probationary employee who enlists or i s i nd uc t ed lnto the military, naval, air or other armed services of the United States in time o f war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (l) year thereafter. B. Any employee who shall be a member of the National Guard of any other comp onent of the military forces of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the reserve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other beµefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established • • I • • i ( • • • • Page 9 c. Such leave shall not be allowed unless the employee returns to his public position imnediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unl ess he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave . ARTICLE XVIII. FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) calendar days. For the purposes of this section, "emplc.yee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee 's spouse. ARTICLE XIX. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or a :; a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XX. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. New Year's Day: January 1 2. Washington's Birthday: the third Monday in February 3. Memorial Day: the last Monday in May 4. Independence Day: July 4 5. Labor Day: the fi rst Monday in September 6. Veteran's Day: November 11 7. Thanksgiving Day: the fourth Thursday in November 8. Fourth Friday of November following Thanksgiving Day 9. Christmas Eve: December 24 10. Christmas Day: December 25 1 1. New Year's Eve: December 31 B. Any employee covered by this Agreement who does not perform duty sched uled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless otherwise authorized by the department head. C. Eligible employees shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an official city holiday shall receive one and one-half (l~ times the employee's regular rate of pay for all hours actually worked in addition to the employee's 'regular pay for the holiday or equivalent time off for the number of hours actually worked at the discretion of the department head • • I • • f • • • - Page 10 D. When any of the foregoing holidays fall on a Sunday, the following J:1)nday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each eqiloyee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE XXI. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. .The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will pay total cost of normal uniform cleaning. ARTICLE XXII. TUITION REFUND The tuition refund program will be continued by the City based upon the funding formula of $10 per person per number of employees covered by this Agreement. ARTICLE XXIII. LIFE INSURANCE Term Life Insurance will be provided by the City for employees co ·.1ered by this Agreement of $20,000 for each employee. A conversion privilege upon retirement of 50% coverage payable by the employee will be made available by the City for said retired employee. ARTICLE XXIV. DENTAL INSURANCE Based upon the 1979 dental insurance premium rates, the City shall provide coverage for the City Dental Insurance Plan of 100% for single and dependent policyholders. Employees shall assume any premium rate increase during the life of this Agreement in excess of $30 per month. (For description of the co verage, see the City Dental Insurance Plan.) ARTICLE XXV. HEALTH INSURANCE -EMPLOYEES/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% for singl e and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in excess of $120 per month. (For description of the coverage provided, see the City Health Insurance Plan .) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed c onversion privileges .to the Health Insurance Plan available through the City. The City will pay 50% o f the cost of coverage of the conversion plan up to a maximum of $50 per month. ARTICL E XXVI. RETIREMENT BENEFITS The retirement benefits for employees covered by this Agreement are set forth in Title V, Chapter 9, Retirement,. of the Englewood Municipal Code. Th e following changes shall be made January 1, 1980 • • I • • • • • • • Page 11 A. For prior service: • 75% of the members final average monthly c.irnpen- sation, multiplied by the number of years of credited prior service. B. For current service: 1.5% of final average monthly compensation, multiplied times the number of years of credited current service. ARTICLE XXVII. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determination, the required number of employees in the affected department and position shall be placed on a re-employment list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. ARTICLE XXVIII. LEAVES OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child care, serious illness of a member of the employees family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any city benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employees department head. 1be request shall indicate th e reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department head shall grant or deny leave requests, taking into considerat ion the departments work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXIX. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee or the Association covered by the terms of this Agreement concerning the interpretation or application of this Agreement. llie Association and the employee shall be required to follQw the procedure as set out below. The purpose of the grievance procedure is to provide a just and equitable method for the resolution of grievance without • I • • • • • Page 12 discrimination, coercion, restraint and reprisal against any employee who may submit or be involved in a grievance. Employees may be represented by parties of their choice at any stage of the grievance procedure. A. "Grievance" means a complaint by an employee concerning the interpreta- tion or application of the provisions of the Memorandum of Understanding or of rules and regulations covering personnel practice or working conditions, which complaint has not been resolved satisfactorily in an informal manner betwee n the employee and his immediate supervisor. B. "Work Day" means calendar days exclusive of Saturdays, Sundays and le gal holidays. C. "Association Grievance" shall be only one affecting significantly large numbers of employees in the unit. Step 1. If the employee is unable to settle the grievance or dispute orally and in- formally through his/her immediate supervisor within five work days of the date of the occurrence of the grievance, or the employees knowledge of it, the employ ee may within the succeeding five (5) work days file a written grievance with his/h er supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work day~. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) ·work days after the supervisor's response is due. The department head shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in .writing within five (5) work days after the response of the department head is due. The City Manager or his/her de&ignate<l representative shall respond in writing within ten (10) work days. Step 4 . If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative is due, may by written notice request the matter be heard by the Career Service Board. The Career Service Board shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own representatives and witnesses. Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance unless circumstances beyond the control of the employee would not permit compliance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board , The Career Service Board shall change the terms of this Agreement. final and binding upon the parties. to the grievance submitted which has ?rocedure outlined. have no power to add to or subtract from or The written decision of the Board shall be The Board s hall limit i ts de cision strictly been properly processed .through the grievance • I • • • • Grievan ce Option It is agreed that should the appeal procedure as provided und e r 5-3-13 of the Municipal Code be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. ARTICLE XXX. DUES DEDUCTION A. The City agrees to deduct the Association dues once each ioonth from the pay of those employees who individually request in .writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deduction shall be· made from only one payment of wages each month, except that if no wages are paid an authorizing employee on the last payday of a given month, deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly city payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. The Association shall indemnify and hold the City harmless agai•st any and all claims, suits, orders, or judgments brought or issued against th·! City as a result o f any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. E. Should the change in the deduction amount or method require a ·:omputer programming change, the Association shall be responsible for the cost oI such change or changes, at $25 per hour with a four (4) hour maximum. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXXI. MAINTENANCE OF BENEFITS ~ All wages, hours ,and other terms and conditions of employment granted to • the employees covered by this Agreement in the Englewood Charter, Municipal Code, this Memorandum of Understanding, and prior Memoranda of Understanding, with • I • • • • • • P a g e 14 superseding Memorandum of Understanding provisions prevailing, shall continue in full force and effect at the highest level of benefits existing i1wnediately prior to this Memorandum of Understanding. It is expressly agreed that any change in benefits must be negotiated and agreed to by both parties. In Witness Whereof, the parties have caused this Agreement to be signed by their fJ'tf'R.ctive r~re~entatives, and their signatures place thereon. on this day of ..j t<ly • 1979 at Englewood, Colorado. ~ (IM-y<W E'"';;_:::t AS;::J.fl:_,._ =~2 ~~ • I . • - • • .. This Agreement entered into by the authorized City representatives and the Englewood Employees Association shall be a mutual request of the above named parties that the City Council modify the current wage provisions as contained in the 1978 Memorandum of Understanding, to reflect that effective July l, 1979, that each employee covered by the terms of the 1978 Memorandum of Understanding receive a 4% wage in- crease on his/her annual salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 6th day of July, 1979, at Englewood, Colorado. CITY OF ENGLEWOOD c . ~~- • I • • • - • • ORDINANCE NO. SERIES OF 197~9~~- BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 38 INT~y AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTANDING. WHEREAS, a Tentative Agreement dated July 2, 1979 by and between the City of Englewood and the Englewood Police Benefit Association has been executed by representatives of each of the said parties; and WHEREAS, on July 2, 1979, said Tentative Agreement was duly ratified by a majority of the members of the Englewood Police Benefit Association; and WHEREAS, the representatives of the City and of the Englewood Police Benefit Association have further agreed to submit a mutual request to the City Council to modify the current wage provisions and College Incentive provision as contained in the 1976 Memorandum of Understanding; and WHEREAS, Section 5-10-lO(c), as amended, requires that the Tentative Agreement be approved by Ordinance duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD: Section 1. That the Tentative Agreement dated July 2, 1979 by and between the City of Englewood, Colorado, and Englewood Police Benefit Association, effective January 1, 1980 through December 31, 1981, a copy of which is attached hereto and made a part hereof, be and the same is hereby· approved. Section 2. That the mutual request of the representatives of the office of the City Manag er and representatives of Englewood Police Benefit Association to Modify the current wage provisions and the "College Incentive Plan" contained in the 1976 Memorandum of Understanding whereby, effective July 1, 1979, each of the employees covered b y the terms of the Memorandum of Understanding of 1976 shall receive a 3% wage increase of said employee's annual salary; that in addition, the "College Incentive Plan" as contained in • I • • • • • said Memorandum, shall terminate and be of no further force or effect on and after July 1, 1979, be and the same are hereby approved. Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the Coll e ctive Bargaining Agreement between the City of Englewood and Englewood Poli ce Benefit Association dated July 2, 1979, together with the wage modification and related modifications bearing on the "College Incentive Program" contained in the Memorandum of Understanding of 1976, and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the day of July, 1979. ~~~- Attest: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of July, 1979. ex officio City Clerk-Treasurer -2- • I . • • • • CONTRACT BETWEEN THE CITI OF ENGL.EWOOD AND TiiE ENGLEWOOD POLICE BENEFIT ASSOCIATI ON Tiiis Contract entered into by the City of Englewood, Colorado and the Englewood Police Benefit Association has as its purpose the promotion of harmonious relations between the City of Englewood and its employees; a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work; and other conditions of employment. Except where limited by express provisions elsewhere in this Contract nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. ARTICLE I. DURATION OF CONTRACT A. This Contract shall take effect on January l, 1980 and shall continue in force to and including December 31, 1981. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or secti~n of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and confer f or the purose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportWlity to make demands a~d proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract. All benefits agreed to in previous Memorandu111S of Understanding and not addressed in this Contract will .continue. • I • • • • .. • Page 2 ART ICLE II. RECOGNITION The City recognizes the Englewood Police Benefit Association as the employee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the Police employees within the following bargaining unit: Included: All full-time, permanent, classified Police employees of the City Police Department including Police Officer, Sergeant, Lieutenant, and Captain. Police Officer 4th Class will be included for salary negotiations only. Excluded: The Police Chief, all part-time, temporary, seasonal, and contractural employees, students and all employees hired through the use of federal, state or other outside funding sources for special projects or programs, and all others who may be determined by the Career Service Board prior to or during the life of this Contract. ARTICLE III. NONDISCRIMINATION A. The City will not interfere with or discriminate in respect to any term or condition of eq>loyment against any employee covered by this Contract because of membership in, or legitimate activity as provided in this Contract on behalf of the members of this bargaining unit, nor will the City encourage membership in another Association. B. The Association recognizes its responsibility as the exclusive bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint and coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Einployees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations, B. Employees of the City aiso shall have the right to refus e to j oi n or participate in any activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. c. No employee shall be interfered with, intimidated, restrained, or coerced because of the exercis e of these rights. ARTICLE V. HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transaction of its respective services. Such has been determined for emergency employees as follows: All employees covered by this Agreement shall be scheduled at least an average of forty (40) hours work per week in seven (7) day cycles. The work week shall consist of five (5) eight (8) hour shifts, or other work schedules as dat~rmined by the department head with approval of the City Manager. Lunch and other breaks will be scheduled at the discretion of the Police Chief during the work schedule. • I • • • • • l'age 3 ARTICLE VI. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determi- nation, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of his relative length of service as shOl(II by the personnel records. Any employee in a higher classification if laid off may transfer to his previous lower classi- ficaiton and any layoff resulting from such transfer shall be in accordance with seniority. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. The layoff list shall terminate after one (1) year. · ARTICLE VII. OVERTIME WORK A. For all employees covered by this Agreement and except as otherwise provided, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation pay allotted on previously accrued overtime. B. As determined by the appointing authority, all personnel, othe1· than those so determined to be exempt from overtime, shall be compensated foi · over- time work at the rate of one and one-half (l~) times the normal pay rat~. C. The City retains the right to assign overtime work to any employee qualified to perform the work. Overtime work will be offered on a voluntary basis first. If the required number of employees necessary to perform the overtime work can not be found, employees shall be assigned and obli&ated to work such overtime. ARTICLE VIII. COMPENSATION Employees of the Police Department and covered by this Agreement shall receive an eight percent (8%) wage increase on the base wage rate effective January l, 1980. On January l, 1981 all members covered by this Agreement s hall receive an eight percent (8%) wage increase on the base wage. The new salary schedule will be as follows: h l/ l/ 80 l/ l/ 81 Bas e 8% 8% Police Officer 4 "" o~ 12" 1282 Polive Officer 3 1211 ' 1373 1410 Police Officer 2 I?> 17 j!bl 1487 1551 Police Officer 1 /f(,") 1580 1706 Sergeant I 7<1;' ~Q. 1885 2047 Lieutenant l'illP 2069 2252 captain '2..103 2271 2477 • I • • • • • • l'..1 1ie 4 ARTIC LE IX . LON GEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule. Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December l of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December l. 10-14 $24 per month for $288 per year, except for those employees who have not completed ll full years of continuous service on December l of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December l. 15-19 $36 per month for $432 per year, exce·pt for those employees who have not completed 16 full years of continuous service on December l of any year which employee shall receive $288 plus an amount equal to $12 for tach full month of completed continuous service after completion of 15 years of service up to December l. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December l of any ye ar, which employee shall receive $432 plus an aioount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December l. ARTICLE X. PROBATIONARY EMPLOYEES The probationary period for all newly appointed Police e mpl oyees shall not be less than twelve (12) months from the date of hire. After completion of the probationary pe riod, the employee shall be eligible for permanent status. ARTICLE XI. PROMOTIONS A. A promoted employee covered by this Agreement shall service a twelve (12) month probationary period in a new position. After completion of six (6) months in the new position, the Chief at his discretion may recommend permanent status to the appointing authority. Should the appointing authority approve permanent status for the employee at the expiration of the probationary period, the employee shall be considered to have peI'l!lanent status. B. Any permanent employee covered by this Agreement upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may voluntarily transfer back to the previous position at any time, or be returned to that position by the appointing autho~ity during the probati onary period • • I • • , • • • • Page 5 ARTICLE XII. ANNUAL LEAVE A. Employees covered by this Agreement shall accumulate annual leave monthly at the rate of 10 hours per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the Chief. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with th e City, employees s hall accumulate annual leave at the rate of twelve (12) hours of a nnual leave per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excluding authori z_ed paid leave. The maximum accumulation shall be forty (40) days. C. Annual leave shall neither be authorized nor computed for any purpose after the maximum accumulation has been reached. The schedule for use e:f annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Police Chief. Employees shall not lose accumulated annual leave after the maximum has been reached if the employee has requested use of annual leave prior to maximum accumulation, and has been denied use of annual leave. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for t he employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at th·e beginning of the leave, as verified by the Police Otief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Wo r k During Annual Leave If after the employee has begun their annual leave and the City requires the e mployee to work during the scheduled annual leave period, the employee shall be compensated as follows: A. The employee shall be paid for all hours worked at the employee 's regu lar wage rate. B. The employee shall not be charged with vacation time for the number of hours worked. Minimum Usage There shall be a one-week minimum on use of annual leave time, unl ess otherwise authorized ·by the Police Chief. • I • • • • • Page 6 An nual Leave Pay Upon Separation Any employee who is separated from the service of the City, i .e . r e t i r eme nt, termination or layoff, shall be compensated for the unused annual leave time accumulated at the tima of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave f or employees shall be charged on a work-day basi s e xclud i ng regular days off. ARTICLE XIII. PERSONAL LEAVE Beginning January 1, 1980, all employees covered by this Ag r eeme n t s hall be grante d five (5) personal leave days with pay which an employee is e nti I.led to u se for the following purposes: 1. Time lost as a result of illness/injury to the employee or the employees immediate family. 2 . Attend personal business. 3. Leisure time. For any employee who has not used the five (5) personal leave days ending De c e mb e r 31, of each y ear or any portion thereof, the City will compensate said employee for the unused time at the employees regular wage rate to be paid the last pay period in December of each year. Personal leave tima shall not exceed five (5) days nor shall it be accumulated or carried over from one year to the next. Personal leave sha ll be scheduled and administered under the direction of the Police Chief for personal business and leisure time. In the event of i llness/injury in whi ch personal leave i s requested, the employee shall notify their supervisor at l e a s t one (1) hour prior to their scheduled reporting time. AR TICLE XIV. DI SABILITY -TEMPORARY (NON-JOB RE LATED) De finition Temporary disabi lity is leave g ranted for non-service connected inj ury or i l l n ess of an employee which d i sabili ty prevents the employee from performing his/her duti es a s a City employ ee. Pr o vision Effe c t i v e J anuary 1, 1 980, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100% o f the e~loyees regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accumulative except that on January 1 of each year the City s hall restore 100% of the number of days used by an em ployee during the preceeding year up to a maximum of 60 days. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the 1st day of .disability. • I • • ( - • • • • Page 7 B. Authorization for temporary disability shall only be granted for the following reason: 1. Personal illness or injury not service connected, including maternity. Sick Leave Qption All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: 1. After the one hundred twenty (120) days as described above have been used unless the employee is eligible for retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement from the City at the rate of one day's pay for each two days of accrued sick leave or one day's pay for each four day~s separation from the City. Reporting of Temporary Disability The employee or a member · of the employees household shall notify the employees supervisor at least 30 minutes prior to the employees scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employees work schedule unless circumstances beyond the control of the employee would not permit. Verification of Disability An atten~ing physician's statement will not be necessary until after three (3) days of disability, except when required by the Chief of Police. Abuse of Temporary Disability Ab~~e of temporary disability occurs when an employee misrepresents the actual reason for requesting te.i.porary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE X!V. ON lllE JOB INJURY -DISABIUTY A. For any on the job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed physician(s) at the City's expense of under the. provision of workmen's compensation, B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. • I • • • • • - Page 8 ARTICLE XVI. LIFE INSURANCE Term life insurance will be provided by this Agreement of $20,000 for each employee. me nt of 50% coverage payable by the employee f or said retired employee. ARTICLE XVII. DENTAL INSURANCE the City for employees co vered by A conversion privilege upon retire- will be made available by the City Based upon the 1979 dental insurance premium rates, the City shall provide coverage for the City Dental Insurance Plan of 100% for single and dependent policyholders. Employees shall assume any premium rate increase during the life of this Agreement in excess of $30 per month. (For description of the coverage, see the City Dental Insurance Plan.) ARTICLE XVIII. HEALTH INSURANCE -EMPLOYEE/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% for single and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in escess of $120 per month. (For description of the coverage provided, see the City Health Insurance Plan.) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. lhe coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privileges to the Health Insurance Plan available through the City. lhe City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month. ARTICLE XIX. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States ir. time of war shall be entitle d to a leave of absence without pay for the dura1ion of s uch war or until honorab l y discharged, whichever occurs first, and for one (1) year thereafter. · B. Any employee who shall be a member of the National Guard or any other component of the military forces of the state, now or hereafter organi~d or constituted under state or federal law, or who shall be a member of th1! reserve fo rces of the United States, now or hereafter organized or constituted under fede ral law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the .contrary is established. C. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities ot continue in such military service beyond the time herein limited for such leave • • I • • • • • • .. • Page 9 ARTICLE XX. FUNERAL LF.AVE The appointing authority shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted will be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purpose of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE XXI. JURY DUTY Leave may be granted to an employee for serving on jury duty. He shall be entitled to the difference between his regular compensation and the fees received for jury duty. ARTICLE XXII. HOLIDAYS Employees covered by this Agreement shall be scheduled for eighty-eight (88) hours off with pay at the discretion of the Police Chief or his designee. Scheduling will be dependent on manpower needs and the Chief with the approval of the City Manager may pay the employee in lieu of any time off. ARTICLE XXIII. UNIFORM CLEANING ALLOWANCE The City shall furnish, or bear the cost of uniforms, including leather gear, insignias, shoes and clothing, required while on duty, and shall pay all costs of maintenance, repair and cleaning thereof. All employees assigned to the non-uniform division for a period of thirty (30) days or more and not required to be in uniform during work, shall receive a monthly clothing allowance of $30. The employee shall be responsible for all lost or stolen items identified above or damage to same as a result of negligence or deliberate act. ARTI CLE XXIV. LF.AVE OF ABSENCE (WITiiOUT PAY) (This Article shall replace Section 5-3-12 of the Englewood Municipal Code.) Eligibility Employees covered by this Agreement may be granted a leave of absence wi t h- out pay for reasons of education which is allied to the duties of the •:ity, se ttlement of an estate, child care, serious illness of a member of the employees family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six months. The total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shiL.l not continue to accrue service credit or be eligible for any City benefit ~. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the Police Olief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time rPqlll'l~~Pc'f . I • • ( • • • - Page 10 Consideration of Leave Request The Police Cllief may grant or deny leave requests, taking into consideration the department's work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXV. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee or employees covered by the terms of this Agreement concerning the interpretation or application of this Agreement. 'nle Association and the employee shall be required to follow the procedure as set out below. Step l. If the employee/Association is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) work days of the date of the occurrence of the grievance or the employee's knowledge of it, the employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. 'nle supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be present in writing by the employee to the Police Chief within five (5) work days after the supervisor's response is due. The Police Chief will respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, ·it shall be represented '>Y the employee to the City Manager in writing within five (5) work days after the response of the Police Chief is due. 'Ille City Manager or his/her designated representative shall respond in writing within ten (10) work days. Step 4. If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative is due, may by written notice request the matter be heard by the Career Service Board. The Career Service Board or its designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argWlll!nt. Each party shall be responsible for compensation to its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available without charge to the other party and to the Career Service Board or its designated hearing officer. Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance unless circumstances beyond the control of the employee would not permit compliance. Should the employer not respond within the prescribed time, the grievr:ncc ••ill automatically proceed to the next step • • I • • • • • • Page 11 Authority of Career Service Board The Career Service Board or its designated officer shall have no power to add to or subtract from or change the terms of this Agreement. The written decision of the Board or its designated hearing officer shall be final and binding upon the parties. The Board or its designated hearing officer shall limit its decision strictly to the grievance submitted which has been properly . processed through the grievance procedure outlined. Any hearing officer shall be selected by mutual agreement of the parties. Grievance Option It is agreed that should the appeal procedure as provided under 5-3-13 of the Municipal Code be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. ARTICLE XXVI. DUES DEDUCTION A. The City agrees to deduct the Association dues once each month from the pay of those employees who individually request in writing that such df!ductions be made, subject to the garnishment laws of the State o·f Colorado. Th.? amounts to be deducted shall be certified to the City Finance Director by the 'creasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty (30) .day written notice by the employee to the City Finance Director. B. Deductions shall be maae from only one payment of wages each month, cxcc p L that if no wages are paid an authorizing employee on the last payday of a given month, deductions for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly city payday. It is expressly under- stood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. The Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. t • I • • • • • • E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for the cost of such change or changes, at $25 per hour with a four (4) hour maximum. Payment from th e the Association shall be made to the City Finance Directo~ within ten (10) days of receipt of billing. ARTICLE XXVII. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during employee's non-work time; and represent employees on grievances. ARTICLE XXVIII. RULES AND REGULATIONS Except as limited by the express terms of this Agreement, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. The reasonableness of said rules, regulations, policies, and procedures and duties shall be subject to the grievance procedure. ARTICLE XXIX. MERIT INCREASES The wage increases provided for Police Officer 4th Class through 1st Class shall not be considered automatic, but rather based upon meritorious service. Said merit increase may be granted or denied to any individual Police Officer upon recommendation of the ·Police Chief and with the approval of the City Manager upon notice to such individual Police Officer. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE XXX. DUTY TO TESTIFY Should any employee be required to testify before any court or departmental administrative hearing as a result of his or her official duties with the City, the time spent by such employee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, he or she shall be paid a minimum of two (2) hours at the overtime rate. The employee shall pay to the City all witness fees, and other compensation paid to the employee in conjunction with so testHying excluding mileage fees. An employee who is called for witness duty sha..'.l present to their supervisor the original SWlllDOns or subpoena from the court and , at the conclusion of such duty, shall provide a signed statement from the clerk of the court, or other evidence indicating the amount of time his/her person was required. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XXXI. ACTING PAY All acting positions would be compensated at one-half the difference between the employee's actual classification and that is which he is acting as approved by the appointing authority, namely the City Manager. The employee mu st be in the position for a petiod of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day of said employee assumes the responsibilities of the position • • I • - • • • • • • Pa ge 13 ARTICLE XXXII. BASE SALARY For the purpose of determining an employees base wage, the employees regular straight time wage· rate and longevity shall be used, excluding all othe ~ forms of employee compensation. (Tile above provision shall be used only for ~he purpose of determining pension benefits under the state pension plan.) ARTICLE XXXIII. RETIREMENT lbe retirement benefits for employees covered by this Agreement are set forth in Title XI, Chapter 1, Sections 8 through 12 of the Englewood Municipal Code and Colorado State Statutes. Employee contributions shall be as provided for under State Law. ARTICLE XXXIV. TUITION REFUND Upon recoumendation of the Police Chief and after prior approval of the City Manager, the City of Englewood may reimburse a permanent, full-time police officer upon successful completion of an approved course or courses in education or vocational training. Tile course or training must be relatEd to the work and be designed to improve competence in the job, and be of value to the police officer's service to the City. Tilis shall include all tuition, and required texts. ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the term and provisions herein contained constitute the entire Agreement between the parties and supercede all previous communications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. lbe City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties.· In Witness Whereof, the parties have caused this Contract to be signed by t~ir respec representatives, and their signatures placed thereon, on this ~'1-~_day of , 1979 at Englewood, Colorado • • I • • - • • This Agreement entered into by the authorized City representatives and the Englewood Police Benefit Association shall be a mutual request of the above named parties that the City Council modify the current wage provisions as contained in the 1976 Memorandum of Understanding, to reflect that effective July 1, 1979, that each employee covered by the terms of the 1976 Memorandum of Understanding receive a 3% wage increase on his/her annual salary. In addition, the above named parties mutually agree that the college incentive program as contained in the 1976 Memorandum of Understanding shall terminate and be of no further effect after July 1, 1979. As a replacement for the college incentive plan as provided under the 1976 Memorandum of Understanding, all employees covered by the terms of the 1976 Memorandum of Understanding shall receive commencing July 1, 1979, $50.00 per month in addition to their regular monthly salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 2nd day of July, 1979, at Englewood, Colorado • • • I • • • • • • • ORDINANCE NO. SER IES OF 197 ~9~~- • • • BY AUTHORI'l'Y A BILL FOR COUNCIL 13I LT. NO . 38 INTHODUCED BY Councilman Smith AN ORDINANCE APPHOVING A COLLECTIVE BARGAINING AG REE MENT BY J\ND BETWEEN THE CI'l'Y OF ENGLEWOOD, COLOfU\DO, J\ND ENGLEWOOD POLICE BENEFIT ASSOCIA'l'ION, EFFECTIVE JJ\NUJ\RY l , ] 980 TIIROUG !I OEC EMnr-:11 11 , L981, APPR OVING I\ MODH'ICJ\'l'ION Ol" 'l'!IE WA GE PHOVISIONS /\N D '1'111 ·: CO LLEGE INCENTIVE PROGHAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTA NDING. WHEREAS , a Tentativ e Agreeme nt dated July 2 , 1979 by and between the City of Englewood and the Englewood Police 13enefit Association has been executed by representative s of each of the said parties; and WHEREAS, on July 2, 1979, said Tentative Agreement wa s duly ratified by a majority of the members of the Engle wood Police Benefit Association; and WHEREAS, the representatives of the City and of the Englewood Police Benefit Association have further agreed to submit a mutual request to the City Council to modify the current wage provisions a nd College Inc e ntive provision as contained in th e 1976 Me morandum of Und e rstanding ; and WIIEHEJ\S , Section 5-10-lO(c ), as amended , r eq uire s thi.IL the Tentative Agreeme nt be approved by Ordinance duly pa ssed by City Council . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD: S ection 1. That the Tentative Agreement dated July 2, 1979 by and between the City of Englewood , Colorado , and Englewood Po]ice Benefit Association, effective January 1, 1980 through December 31, 1981, a copy of whi ch is attached hereto and made a part here of, be and the same is hereby· approved. Section 2. That the mutual request of the repr esentatives of the office of the City Manager nnd representatives of Englewood Police Benefit Association to Modify the current wag e provisions and the "College Incentive Plan " contained in the 1976 Memorandum of Understandi ng whereby , effec tive J uly 1, 1979, each of the employees covered by the terms of the Memorandum of Understanding of 1976 shall receive a 3% wage increase of said employee 's annual salary; that in addition, the "Coll ege Incentive Plan" as contained in • I • • • • • said Memorandum, shall terminate and be of no further force or effect on and after July 1, 1979, b e and the same are hereby approv ed. Section 3. That the Mayor of the City of Englewood is h e r e by a uthorized and directed to execute the Collective Bargaining Agreement between the City of Englewood and Engl e wood Poli ce Benefit Association dated July 2, 1979, tog e ther with t h e wag e modifica tion and related modifications bearing on the "Coll ege Ince ntive Progr•11n" contained in the Me morandum of Undcr,,;L.:a11d i nq of 197G, and the Director of F in.:ince , ex officio City Cl<.:!rk- Treasurer, shall attest the same. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on th e ~Sth day of July, 1979. • Attest: Mayor • ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 1979. ex offic io City Clerk-Treasurer -2- • I • • • • • • CONTRACT BETWEEN THE CIT'i OF ENGLJ:l.lOOD AND THE ENGLJ:l.lOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood. Colorado and the F.nglewood Police Benefit Association has as its purpose the promotion of harmonious relations between the City of Englewood and its employees; a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work; and other conditions of employment. Except where limited by express provisions elsewhere in this Contract nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. ARTICLE I. DURATION OF CONTRACT A. This Contract shall take effect on January 1, 1980 and shall continue in force to and including December 31, 1981. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or secti~n of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforceo1e11t of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purose of attempting to arrive at a 111.1tually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands a~d proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract. All benefits agreed to in previous Memorandums of Understanding and not addressed in this Contract will .continue. • ) I • • - • • • • • • • Page 2 ART ICLE II. RECOGNITION The City recognizes the Englewood Police Benefit Association as the em ployee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the Police employees within the following bargaining unit: Included: All full-time, permanent, classified Police employees of the City Police Department including Police Officer, Sergeant, Lieutenant, and Captain. Police Officer 4th Class will be included for salary negotiations only. Excluded: The Police Chief, all part-time, temporary, seasonal, and contractural employees, students and all employees hired through the use of federal, state or other outside funding sources for speci al projects or programs, and all others who may be determine d by the Career Service Board prior to or during the life of this Contract. ARTICLE III. NONDISCRIMINATION A. The City will not interfere with or discriminate in respect to any term or condition of employment against any employee covered by this Contrac t because of membership in, or legitimate activity as provided in this Contract on behalf of the members of this bargaining unit, nor will the City encourage membership i n another Association. B. The Association recognizes its responsibility as the exclusive bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint and coercion. ARTICLE IV. EMPLOYEE RIGHTS A. F.mployees of the City shall have the right to forni, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations, B. Employees of the City a~so shall have the right t o r efuse to join or pa rticipate in any activities of employee organizations and shall have th e righ t to represent thems e lves indivi dually in their employment relations with the Ci t y . C. No em pl oyee sha ll be i nte rfered with, i ntimidated , restrai ned, or coerced becaus e of t he exercis e of these rights. ARTICLE V. HOURS OF WORK The Police De partment s hall observe office and working hours nece ssary for t h e e fficient transaction o f its respective services. Such has been determined for emergency employees as follows : All employees cove r e d by this Agreement shall be scheduled at least an average of forty (40) hours work per week in seven (7) day cycles. The work week shall consist of five (5) eight (8) hour shifts, or other work schedules as det~rmined by the department head with approval of the City Manager. Lunch and other breaks will be scheduled at the dis cretion of the Police Chief dur ing the work schedule. • I • • 1- • • • • • • • Page 3 ARTICLE VI. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determi- nation, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of his relative length of service as shown by the personnel records. Any employee in a higher classification if laid off may transfer to his previous lower classi- ficai ton and any layoff resulting from such transfer shall be in accordance with seniority. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. The layoff list shall terminate after one (1) year. · ARTICLE VII. OVERTIME WORK A. For all employees covered by this Agreement and except as otherwise provided, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation pay allotted on previously accrued overtime. B. As determined by the appointing authority, all personnel, other than those so determined to be exempt from overtime, shall be compensated foi · over- time work at the rate of one and one-half (l~) times the normal pay rate. C. The City retains the right to assign overtime work to any employee qualified to perform the work. Overtime work will be offered on a voluntary basis first. If the required number of employees necessary to perform the overtime work can not be found, employees shall be assigned and obligated to work such overtime. ARTICLE VIII. COMPENSATION Employees of the Police Department and covered by this Agreement shal l receive an eight percent (8%) wage increase on the base wage rate effective January 1, 1980. On January 1, 1981 all members covered by this Agreement shall receive an eight percent (8%) wage increase on the base wage. The new salary schedule will be as follows: Bm a 1/ 1/80 l/ 1/ 81 8% 8% --( Police Officer 4 """ n~ 12" 1282 Polive Officer 3 :.--J'2..11 ' 1373 1410 Police Officer 2 I~ 17 if;r 1487 1551 Police Officer 1 If(,;~ 1580 1706 Sergeant J 7'/.; ~Q. 1885 2047 Lieutenant l'W" 2069 2252 Captain 2103 2271 2477 • ) I • • • • ARTIC LE I X. LONGEVITY' COMPENSATION ~ In addition to an employees monthly salary. the employee shall be eligible for longevity compensation based upon the number of years o f continuous service with the City and shall be derived from the following schedule. Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year. except for those employees who have not completed 6 full years of continuous service on December l of any year, which employees shall receive an amount equal to $12 for each full oonth of completed continuous service after completion of 5 years of continuous service up to December l. 10-14 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an aoount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December l. 15-19 $36 per month for $432 per year, exce·pt for those employees who have not completed 16 full years of continuous service on December l of any year which employee shall receive $288 plus an amount equal to $12 for £ach full month of completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December l of any year, which employee shall receive $432 plus an arount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December l. ARTICLE X. PROBATIONARY EMPLOYEES The probationary period for all newly appointed Police employees s hall not be less than twelve (12) months from the date of hire. After completion of the probationary period, the employee shall be eligible for permanent status. ARTICLE XI. PROMOTIONS A. A promoted employee covered by this Agreement shall service a twelve (12) month probationary period in a new position. After completion of six (6) months in the new position. the Olief at his discretion may reco11111end permanent status to the appointing authority. Should the appointing authority approve permanent status for the employee at the expiration of the probationary period, the employee shall be considered to have permanent status. ~ B. Any permanent employee covered by this Agreement upon being proooted • to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may voluntarily transfer back to the previous position at any time. or be returned to that position by the appointing autho:::-i ty during the probationary period • • I • • ,., • • • • Page 5 ARTICLE XII. ANNUAL LEAVE A. Employees covered by this Agreement shall accumulate annual leave monthly at the rate of 10 hours per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the Chief. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excluding authorized paid !eave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City, employees shall accumulate annual leave at the rate of twelve (12) hours of annual leave per month of active service. In order to qualify for annual leave credit during the month, the eq>loyee must have worked for at least one-half (~) of the working days of that month excluding author'iz_ed paid leave. The maximum accumulation shall be forty (40) days. C. Annual leave shall neither be authorized nor computed for any purpose after the maximum accumulation has been reached. The schedule for use e:f annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Police Chief. Eq>loyees shall not lose accumulated annual leave after the maximum has been reached if the employee has requested use of annual leave prior to maximum accumulation, and has been denied use of annual leave. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the Police Cllief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall be compensated as follows: A. The employee shall be paid for all hours worked at the employee 's regular wage rate. B. The employee shall not be charged with vacation time for the number of hours worked. Minimum Usage There shall be a one-week minimum on use of annual leave time, unless otherwise authorized ·by the Police Chief • I • • • • Page 6 An nual Le ave Pay Upon Se paration Any employee who is separated from the service of the City, i .e. reti r ement , termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. ARTICLE XIII. PERSONAL LEAVE Beginning January 1, 1980, all employees covered by this Agreement shall be g ranted five (5) personal leave days with pay which an employee is entitled to use f or the following purposes: l. Time lost as a result of illness/injury to the employee or the employees immediate family. 2. Attend personal business. 3. Leisure time. For any employee who has not used the five (5) personal leave days ending December 31, of each year or any portion thereof, the City will compensate said employee for the unused time at the employees regular wage rate to be paid the last pay period in December of each year. Personal leave time shall not exceed five (5) days nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Police Chief for personal business and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. ARTICLE XIV. DISABILilY -TEMPORARY (NON-JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his /her duties as a City employee. Provision Effective January 1, 1980, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100% of the employees regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accumulative except that on January of each year the City shall restore 1004 of the number of days used by an employee during the preceeding year up to a maximum of 60 days. ~ Utilization • A. Authorization for temporary disability leave with pay shall only be granted after the 1st day of .disability • I • • • • • - Page 7 B. Authorization for temporary disability shall only be grante d for the f ollowing reason: l. Personal illness or injury not service connected, including mat e rnity. Si ck Leave Qption All sick leave accrued by permanent employees prior to January 1, 19 80 shall vest with the employee, and may be used in the following manner: 1. After the one hundred twenty (120) days as described above have been used unless the employee is eligible for retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement from the City at the rate of one day's pay for each two days of accrued sick leave or one day's pay for each four day~s separation from the City. Reporting of Temporary Disability The employee or a member · of the employees household shall notify the employees supervisor at least 30 minutes prior to the employees scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employees work schedule unless circumstances beyond the control of the employee would not permit. Verification of Disab i lity An attending physician's stateuent will not be necessary until afte r three (3) days of disability, except when required by the Chief of Police. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents th e ac tual reason for reque sting teu.porary disability or wh en a n e mp loyee us es temporary disability leave for unauthorized purposes. An employee who makes a f als e clai m for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE XV. ON THE JOB INJURY -DISABILIT'i A. For any on the job injury which causes any employee to be absent f rom work as a result of such injury, the City shall pay to such employee his f ull wages from the f i rst day of his absence from work up to and including the 90th calenda r day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the righ t to require any employee on injury or disability leave to submit to an examination(s) by City-appointed physician(s) at the City's expense of under the. provision of workmen's compensation. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee · leaves their department of employment unless circumstances beyond the control of the employee would not pe rmit • • I • • • • • • Page 8 ARTICLE XVI. LIFE INSURANCE Term life insurance will be provided by this Agreement of $20,000 for each employee. ment of 50% coverage payable by the employee f or said retired employee. ARTICLE XVII. DENTAL INSURANCE the City for employees covered by A conversion privilege upon retire- will be made available by the City Based upon the 1979 dental insurance premium rates, the City shall provide coverage for the City Dental Insurance Plan of 100% for single and dependent policy.holders. Employees shall assume any premium rate increase during the life of this Agreement in excess of $30 per month. (For description of the coverage, see the City Dental Insurance Plan.) ARTICLE XVIII. HEALTH INSURANCE -EMPLOYEE/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% for single and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in escess of $120 per month. (For description of the coverage provided, see the City Health Insurance Plan.) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay 50% of the cost of coverage of the conversion plan up to a maximlllll of $50 per month. ARTICLE XIX. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States ir. time o f war shall be entitled to a leave of absence without pay for the duration of s uch war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the state, now or hereafter organi-'l!d or constituted under state or federal law, or who shall be a member of tho! reserve f orces of the Unite d States, now or hereafter organized or constituted under fe de ral law, s h all be entitled to leave of absence from his employment without loss of pay, s e niority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component i n training or a c tive service ordered or authorized by proper authority pursuant to l aw, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the -contrary is established • C. Such leave shall not be allowed unless .the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault 'or is required by proper authorities ot continue in such military service beyond the time herein limited for .such leave • • I • • • • • • Page 9 ARTICLE XX. FUNERAL LEAVE The appointing authority shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted will be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purpose of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE XXI. JURY DUTY Leave may be granted to an employee for serving on jury duty. He shall be entitled to the difference between his regular compensation and the fees received for jury duty. ARTICLE XXII. HOLIDAYS Employees covered by this .Agreement shall be scheduled for eighty-eight (88) hours off with pay at the discretion of the Police Chief or his designee. Scheduling will be dependent on manpower needs and the Chief with the approval of the City Manager may pay the employee in lieu of any time off. ARTICLE XXIII. UNIFORM CLEANING ALLOWANCE The City shall furnish, or bear the cost of uniforms, including leather gear, insignias, shoes and clothing, required while on duty, and shall pay all costs of maintenance, repair and cleaning thereof. All employees assigned to the non-uniform division for a period of thirty (30) days or more and not required to be in uniform during work, shall receive a monthly clothing allowance of $30. The employee shall be responsible for all lost or stolen items identified above or damage to same as a result of negligence or deliberate act. ARTICLE XXIV. LEAVE OF ABSENCE (WITIIOUT PAY) (This Article shall replace Section 5-3-12 of the Englewood Municipal Code.) Eligibility Employees covered by this Agreement may be granted a leave of absence with- out pay for reasons of education which is allied to the duties of the •:ity, settlement of an estate, child care, serious illness of a member of the employees family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six months. The total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefit~. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the eq>loyee to the Police Cllief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time rPqUP ~'"P<f .. • I • • • • • - Page 10 Consideration of Leave Request The Police Chief may grant or deny leave requests, taking into consideration the department's work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXV. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee or employees covered by the terms of this Agreement concerning the interpretation or application of this Agreement. The Association and the employee shall be required to follow the procedure as set out below. Step l. If the employee/Association is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) work days of the date of the occurrence of the grievance or the employee's knowledge of it, the employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be present in writing by the employee to the Police Chief within five (5) work days after the supervisor's response is due. The Police Chief will respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, ·it shall be represented 1)y the employee to the City Manager in writing within five (5) work days after the response of the Police Chief is due. The City Manager or his/her designated representative shall respond in writing within ten <.10> work days. Step 4. If the grievance is still unsettled, the employee within ten (10) work days after the reply of the City Manager or his/her designated representative is due, may by written notice request the matter be heard by the Career Service Board. The Career Service Board or its designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument, Each party shall be responsible for compensation to its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available without charge to the other party and to the Career Service Board or its designated hearing officer. Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance unless circumstances beyond the control of the employee would not permit compliance. Should the employer not respond within the prescribed time, the griev<!ncc ·~ill automatically proceed to the next step • • I • • • • • • Pa ge ll Authority of Career Service Board The Career Service Board or its designated officer shall have no power t o add to or subtract from or change the terms of this Agreement. The written decision of the Board or its designated hearing officer shall be final and binding upon the parties. The Board or its designated hearing officer shall limit its decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Any hearing officer shall be selected by mutual agreement of the parties. Grievance Option It is agreed that should the appeal procedure as provided under 5-3-13 of the Municipal Code be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. ARTICLE XXVI. DUES DEDUCTION A. The City agrees to deduct the Association dues once each month from the pay of those employees who individually request in writing that such dc!ductions be made, subject to the garnishment laws of the State o'f Colorado. Th .~ amounts to be deducted shall be certified to the City Finance Director by the ''.'reasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty (30) .day written notice by the employee to the City Finance Director. B. Deductions shall be maae from only one payment of wages each month, c xcc p L that if no wages are paid an authorizing employee on the last payday of a given month, deductions for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly city payday. It is expressly under- s tood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not a c tually working for the City and actually on the payroll of the City. In the e vent of error on the checkoff list, the City will not be responsible to make adj ustments, until notified by the Treasurer of the Association. C. The Association shall indemnify and hold the City harmless against any and all cl.aims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. ' • I • • - • • • • - E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for the cost of such change or changes, at $25 per hour with a four (4) hour maximum. Payment from th e the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXVll. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association memberships during employee's non-work time; and represent employees on grievances. ARTICLE XXVlll. RULES AND REGULATIONS Except as limited by the express terms of this Agreement, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. The reasonableness of said rules, regulations, policies, and procedures and duties shall be subject to the grievance procedure. ARTICLE xxrx. MERIT INCREASES The wage increases provided for Police Officer 4th Class through 1st Class shall not be considered automatic, but rather based upon meritorious service. Said merit increase may be granted or denied to any individual Police Officer upon recommendation of the ·Police Chief and with the approval of the City Manager upon notice to such individual Police Officer. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE XXX. DUTY TO TESTIFY Should any employee be required to testify before any court or departmental administrative hearing as a result of his or her official duties with the City, the time spent by such eqiloyee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, he or she shall be paid a minimum of two (2) hours at the overtime rate. The employee shall pay to the City all witness fees, and other compensation paid to the employee in conjunction with so testHying e xcluding mileage fees. An employee who is called for witness duty sha.!.l present to their supervisor the original SWlllllOns or subpoena from the court and . at the c onclusion of such duty, shall provide a signed statement from the clerk of the c ourt, or other evidence indicating the amount of time his/her person was required. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XXXI. ACTING PAY All acting positions would be compensated at one-half the difference between the employee's actual classification and that is which he is acting as approved by the appointing authority, namely the City Manager. The employee must be in the position for a pe~iod of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day of said employee assumes the responsibilities of the position. • I • • • • • Page 13 ARTICLE XXXII. BASE SALARY For the purpose of determining an employees base wage, the employees regular straight time wage· rate and longevity shall be used, excluding all othe·: forms of employee compensation. ('nle above provision shall be used only for ~he purpose of determining pension benefits under the state pension plan.) ARTICLE XXXIII. RETIREMENT lhe retirement benefits for employees covered by this Agreement are set forth in Title XI, Chapter 1, Sections 8 through 12 of the Englewood 1'tlnicipal Code and Colorado State Statutes. Employee contributions shall be as provided for under State Law. ARTICLE XXXIV. TUITION REFUND Upon reco11111endation of the Police Chief and after prior approval of the City Manager, the City of Englewood may reimburse a permanent, full-time police officer upon successful completion of an approved course or courses in education or vocational training. 'nle course or training must be related to the work and be designed to improve competence in the job, and be of value to the police officer's service to the City. This shall include all tuition, and required texts. ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the term and provisions herein contained constitute the entire Agreement between the parties and supercede all previous communications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties.· In Witness Whereof, the parties have caused this Contract to be signed by t~ir respec representatives, and their signatures placed thereon, on this ~'L~_day of , 1979 at Englewood, Colorado. • I . • • • This Agreement entered into by the authorized City representatives and the Englewood Police Benefit Association shall be a mutual request of the above named parties that the City Council modify the current wage provisions aa contained in the 1976 Memorandum of Understanding, to reflect that effective July 1, 1979, that each eaployee covered by the terms of the 1976 Memorandum of Understanding receive a 3% wage increase on his/her annual salary. In addition, the above named parties mutually agree that the college incentive program as contained in the 1976 Memorandum of Understanding shall terminate and be of no further effect after July 1, 1979. As a replacement for the college incentive plan as provided under the 1976 Memorandum of Understanding, all employees covered by the terms of the 1976 Memorandum of Understanding shall receive commencing July 1, 1979, $50.00 per month in addition to their regular monthly salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 2nd day of July, 1979, at Englewood, Colorado. I • .. • • • • ORDINANCE NO.~-­ SERIES OF 1979 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 37 INTep,~~a:J AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIREFIGHTER ASSO CIATION , EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. WHEREAS, a Tentative Agreement dated July 2, 1979 by and between the City of Englewood and Englewood Firefighter Association has been executed by representatives of each of the parties; and WHEREAS, on July 2, 1979, said Tentative Agreement was duly ratified by a majority of the members of Englewood Firefighter Association; and WHEREAS, the representatives of the City and of the Englewood Firefighter Association have further agreed to submit a mutual request to the City Council to mod ify the current wage provisions contained in the Collective Bargaining Agreement of July 8 , 1975 and approved by Ordinance No. 57 , Series of 1975; and WHEREAS, Section 5-10-lO(c), as amended, requires that the Tentative Agreement be approved by Ordinaly duly passed by City Council. NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the Tentative Agreement dated July 2, 1979 by and between the City of Englewood, Colorado, and the Englewood Firefighter Association, effective January 1, 1980 through December 31, 1981, a copy of which is attached hereto and mad e a part hereof, be and the same is hereby approved. Section 2. That the mutual request of the representatives of the office of the City Manager and representatives of Englewood Firefighter Association to modify the current wage provisions contained in the Collective Bargaining Agreement dated July 8, 1975 , approved by Ordinance No . 57, Series of 1975, whereby, effective July 1, 1979, each of the employees covered by the terms of the July 8, 1975 Collective Bargaining Agreement shall receive a 3% wage increase on said employee 's annual salary, be and the same is hereby approved. • I • - • • • • Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the Collective Bargaining Agreement between the City of Englewood and the Englewood Firefighter Association dated July 2, 1979, together with the wage modification to the agreement dated July 8, 1975, and that the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the day of July, 1979. ~~~ Mayor Attest: ex officio city Clerk-Treasurer I, William D. James , do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of July, 1979. ex officio City Clerk-Treasurer -2- • I • • • • • • • MEMORANDUM OF UNDERSTANDING BE'IWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD FIREFIGHTER ASSOCIATION This Agreement entered into by the City of Englewood, Colorado and the Englewood Firefighter Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. The City and the -· Association agree to cooperate in order to promote the highest degree of employee performance and productivity. This includes but is not limited to the following: conservation of materials, manpower, and supplies; correstion of condition causing grievances and misunderstandings; enhancing the public image of this Department and the City; reduction of absenteeism, tardiness, carelessness; elimination of improper use of sick leave; and improvement of quality of workmanship. Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: 1. The determination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. 2. The right to assign working hours, including overtime. 3 . The right to establish·, modify or change work schedules, manning of apparatus, amount of apparatus in the main or reserve fleet, etc • 4. The right to direct the members of the Fire Department including the right to hire, promote, transfer or discipline or dis~arge for cause, any firefighter within the Fire Department. 5. The table of organization of the Fire Department including the right to organize and reorganize the Fire Department in any manner it chooses, including the size of the Fire Department and the determination of job classi- fication and ranks based upon duties assigned.· 6. The determination of the safety, health and property protection measures for the Fire' Department. • I • • • • • • • - Page 2 7. The allocation and assignment of work to all firefighters within th e Fire Department. 8. The determination of policy affecting the selection or training o f firefighters. 9. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. 10. The establishment, discontinuance, modification and enforcement of Fire Department rules, regulations, and orders. 11. The transfer of work from one position to another within the Fire Department. 12. The introduction of new, improved or different methods and techniques of operation of the Fire Department or a change in existing methods and techniques. 13. The placing of service, maintenance or other work with outside contractors or other agencies of the City. 14. The determination of the number of ranks and the number of fire- fighters within each rank. 15. The determination of the aIOOunt of supervision necessary. ARTICLE I. DURATION OF AGREEMENT A. This Agreement shall take effect on January 1, 1980 and shall continue in force to and including December 31, 1981. B. '.lbis Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Agreement should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Agreement shall not be affected thereby and this Agreement shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory r e placement for such article or section • D. The parties agree and ·understand that provisions relating to employees covered by this Agreement shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties aCknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make de111 •£11ds and proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. All items agreed to in previous Memorandum of Understandings and not addressed in this Agreement will continue • • I • • • • - ARTICLE II. RECOGNITION 'llle City recognizes the Englewood Firefighters Association as the e mplo yee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the Fire Department employees within the following bargaining unit: Included: All full-time, permanent, classified employees of the City Fire Department including Firefighter, Driver-Operator-Engineer, Lieutenant, Captain, Battalion Chief, and Deputy Chief. Excluded: All non-emergency, part-time, temporary seasonal, and contractural employees, students and all employees hired through the use of federal, state or other outside funding sources for special projects or programs, and all others who may be determined by the Career Service Board prior to or during the life of this Agreement. ARTICLE III. NONDISCRIMINATION A. lbe City will not interfere with or discriminate in respect to any term or condition of employment against any employee covered by this Agreement because of membership in, or legitimate activity as provided in this Agreement on behalf of the meui>ers of this bargaining unit, nor will the City enccurage membership in another Ass.ociation. B. lbe Association recognizes its responsibility as the exclusive bargain- ing agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. B. Employees of the City also shall have the right to refuse to join or participate in any activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. c. No employee shall be interfe red with, intimidated, restrained, or coerced because of the exercise of these rights. ARTICLE V. HOURS OF WORK The Fire Department shall observe working hours necessary for the efficient transaction of their respective services, such as have been determined for Firefighters as follows: 1. 'llle work week shall consist of an average of fifty-six (56) hours each week for employees assigned to shift work which will be on a twenty-four (24) hour alternating basis and an average of forty (40) hours per week for employees assigned to non-shift work. Nothing herein shall be construed as guaranteeing employees forty (40) hours or fifty-six (56) hours. • I • • • • • • - ARTICL E VI. OVERTIME WORK A. Shift workers shall receive ove rtime for duties pe r f orme d over and above the assigned work week of fifty-six (56) hours, with the hourly r ate computed on a fifty-six (56) hour duty week wage basis. When firefighters wo r k o vertime on an emergency call-back basis, that overtime shall be computed o n a fo r t y- (40) hour duty week wage basis. If a firefighter on a full shif t overtime basis works on an emergency along with other firefighters on a ca ll-b ack basis, he will be compensated on the forty (40) hour basis during the p e riod of that emergency. Overtime shall not be computed nor compensation allotted on previously accrued overtime. All non-shift workers shall be exempt from the above provisions. An emergency is defined as a multi-alarm situation wh e r e ·more than normal manning is required and must be called back by the Fire Chie f . ARTICLE VII. COMPENSATIO N Employees of t h e Fire Department and covered by this Agr e ement shall receive a seven percent (7 %) wa ge i n c rease plus $50 per month on the base wa ge rate e ffective January 1, 1980. On January 1, 1981 every member covere d by th i s Agreement shall receive an e ight percent (8%) wage increase in the base wa ge . In addition to their regular base wage, shift investigators assigned and a uthorized by the Fire Chief will receive one hundred dollars ($100) pe r mon t h . I n addition to their r eg ular base wage, qualified paramedics assigned and authorized by the Fire Chief will receive one hundred dollars ($100) per month. ARTICLE VIII. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following ~chedule. Years of Se rvice Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for thos e emp loyees who have not completed 6 full years of continuous service on December 1 of any year which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of c ontinuous s ervice up to De c emb e r 1. 10-1 4 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on Dec ember 1 o f any year which employ ees shall .rece ive $144 plus an amount equal to $12 fo r each full month of completed continuous · service after completion o f 10 years of continuous service up to December 1, 15-19 $36 per month f or $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year which eqiloyee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of c ontinuous s ervice up to December 1 • • I • • • • • • Page 5 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $43 2 plus an amount equal to $12 for each full month of completed c ontinuo·us service after completion of 20 years of continuous service up to December 1. ARTICLE IX. PROBATIONARY EMPLOYEES The probationary period for all newly appointed employees shall not be less than twelve (12) months for the date of hire. After completion of the pro- bationary period, the employee shall be eligible for permanent status. ARTICLE X. PROMOTIONS A. A promoted employee covered by this Agreement shall serve a twelve (12) month probationary period in the new position. Should the appointi ng authority approve permanent status for the employee at the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. B. Any permanent employee in the classified service upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the appointing authority and/or the employee. ARTICLE XI. ANNUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) days o f annual leave each year. Annual leave shall accumulate monthly at the ra :e of one and one-fourth (1~) days per month of active service. In order to qualify for annual leave credit during the month, the employee must have .worked at least one-half (~) of the working days of that month excluding author ized paid leave. Annual leave shall not be granted to any employee until he has been in the employ of the City for at least one year unless otherwise author l zed by the Chief. For those employees having less than ten (10) years of continuous service, the maximum accumulation of annual leave shall be thirty (30) days. After ten (10) years of continuous service, non-shift work employees shall be entitled to eighteen (18) days of annual leave each year . Annual leave shall accum ulate at the rate of one and one-half (l~ days of annual leave per month of active service. Said maximum accumulation shall be forty (40) days. B. Shift work employees shall be entitled to seven and one-half (7~) shifts of annual leave each year. Annual leave for said employees having less than ten (10) years of continuous service shall accumulate at the rate of fifteen (15) hours for each month of active service and the maximum accumulation shall be fifteen (15) shifts. In order to qualify for annual leave credit during the month, the employee must have worked at least one- half (~) of the working days of that month excluding authorized paid leave. After ten (10) years of continuous service, shift work employees shall receive nine and one-half (9~ shifts of leave for each year. Annual leave shall accumulate at the rate of nineteen (19) hours of annual leave per month of active service with a maximum accumulation of annual leave shall be nineteen (19) shifts • • I • • • • Pa ge 6 C. Accumulation of annual leave shall neither be authorized nor computed for any purpose after · the maximum accumulations of said leave have been reached. Employees shall not loose accumulated leave after the maximum has been reached, if the employee has requested use of leave prior to maximum accumulation and has been denied use of leave. 1be schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Fire Chief. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor and approved by the Fire Chief fifteen (15) calendar days prior to the start of their annual leave. Minimum Usage 1bere shall be a three (3) consecutive shift minimum use of annual leave time for shift worker, and five (5) consecutive work days for non-shift workers unless otherwise authorized by the Chief. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave for non-shift work employees shall be charged on a work day basis excluding regular days off. Annual leave for shift work employees shall be charged on a twenty-four (24) hour basis excluding regular days off. ARTICLE XII. PERSONAL LEAVE Beginning January 1, 1980, all employees covered by this Agreement shall be granted 4 shifts/days personal leave with pay which an employee is entitled to use for the following purposes: 1. Time lost as a result of illness/injury to the employee or the employees immediate family. 2. Attend personal business. 3. Leisure time. • • I • - • • • • Page 7 For any employee who has n?t used the 4 shifts/days of personal leave ending December 31, of each year or any portion thereof, the City will compensdte said employee for the unused time at the employees regular wage rate to be p.ll.d t he last pay period in December of each year. Personal leave time shall not exceed 4 shifts/days nor shall it be accumulated or carried over from one year to the next. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. ARTICLE XIII. DISABILITY-TEMPORARY (NON-SERVICE) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision Effective January 1, 1980, the City agrees to provide temporary di&ability leave with pay for employees absent as a result of illness/injury at tht rate of 100% of the employees regular wage up to 120 calendar days/40 shifts of disability. Temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 100%of the number of days/shifts used by an employee during the preceeding year up to a maximum of 60 days or 20 shifts. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first shift/day of disability. B. Authorization for temporary disability shall only be granted for th e following reason: 1. Illness or injury of the employee not service connected, including maternity. Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: 1. After the 120 days as described above have been used, unless the employee is eligible for retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the pre~ious plan upon not'lllal retirement from the City at the rate of one hours pay for each two hours of accrued sick leave at the employees regular rate or one hours pay for each four hours upon separation from the City. Reporting of Temporary Disabilit~ The employee or a member of the employees household shall notify the employees supervisor at least .30 minutes prior to the employees scheduled • I • - • • • - reporting time. ·No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employees work schedule. Verification of Disability An attending physician's statement will not be necessary until after two (2) shifts of disability, except when required by the Fire Chief. If the Chief requires the employee to see the physician, the City will pay t he cost . Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee ut•es temporary disability leave for unauthorized purposes. An employee who !lSkes a false claim for temporary disability leave shall be subj e ct to discip~inary action or dismissal.. It is agreed that after January 1, 1981 the Association and/or the City ::~v;e~~e~=o~:!d~:r~~~}j~~em~~r~~ ~~:~s~~~~r~:~"!~i::n~~tp~:vided reached concerning said disability plan, the dispute shall be submitted to the Board of career Service Commissioners . as provided under Step 4 Q.! , ,J Article XXVI of this Agreement. .D . t.UJ-V:::J ARTICLE XIV. ON THE JOB INJURY -DISABILITY ;C?a.12 -J1 tM c!.1.,,;e~c.-:i '7-//-79 A. For any on the job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work, up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an exami.nation(s) by City-appointed physician(s) at the City's expense or under the provision of workmen's compensation. B. All injuries that occur during working hours shall be reported to the em ployee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE XV. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the miliary, naval., air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard of any other component of the military forces of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the reserve forces of the United ~tates, now or hereafter organized or constituted inder federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or • I • • - • • • - other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority p ursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military serv1.ce is satisfactorily performed, which shall be presumed unless the contrary is established. c. Such leave shall not be allowed unless the employee r eturns to his public position immediately upon being relieved from such military servi~e and not later than the expiration of the time herein limited for such leave , unless he is prevented from so returning by physical or mental disability or other cause is not due to his own fault or is required by proper authoriti es to continue in such military service beyond the time herein limited for such leave . ARTICLE XVI. FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) calendar days. For the purpose of" this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City . ARTICLE XVII. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XVIII. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a un i form, the employee shall wea r the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible fo r any damage to the uniform by negligence or deliberate act. The City will be responsible for provi di ng and cleaning of said uniforms. ARTICLE XIX. TUITION REFUND Upon recommendation of the department head and after prior approval of the City Manager, the City of Englewood may rei mburse a permanent, full-time firefighter upon successful completion of an approved course or courses in education or vocational training. The course or training must be related to the work and be designed to improve competence in the job, and be of value to the firefighter's service to the City. This shall include all tuition, and required texts. ARTICLE XX. LIFE INSURANCE Term life insurance will be provided by the City f or employees covered by this Agreement of $20,000 for each employee. A conversion privilege upc.1 retirement of 50% coverage payable by the employee will be made availabla by the City for said retired employee. • I • • - 0 • • • • Page 10 ARTICLE XX!. DENTAL INSURANCE Based upon the 1979 dental insurance premium rates, the City sh all p rovi de coverage for the City Dental Insurance Plan of 100% for single and dep e n dent policyholders . Employees shall assume any premium rate increase during 'he life of this Agreement in excess of $30 per month. (For description of the coverage, see the City Dental Insurance Plan.) ARTICLE XXII. HEALTH INSURANCE -EMPLOYEES/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% for single and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in excess of $120 per month. (For description of the coverage provided, see the City Health Insurance Plan.) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. lhe coverage will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privileges to the Health Insurance Plan available through the City. lhe City will pay fifty percent (50%) of the cost of coverage of the conversion plan up to a maxiaum of $50 per month. ARTICLE XXIII. RETIREMENT BENEFITS lhe retirement benefits for employees covered by this Agreement are set forth in Title II, Chapter 1, Sections 8 through 12 of the Englewood ~nicipal Code and Colorado State Statutes. Employee contribution shall be as provided for under state laws. ARTICLE XXIV. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determi- nation , the required number of e1oployees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in orde r of his relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided that t hose recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. 'lbe layoff list shall terminate after one year. ARTICLE XXV. LEAVES OF ABSENCE (WITHOUT PAY) (lhis Article shall replace Section 5-3-12 of ·the Englewood Municipal Cod e .) Eligibility Permanent employees may be granted a leave of absence without pay f~r reasons of education which is allied to the duties of the City, settleme~t of an estate, child care, serious illness of a member of the employees family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not 'exceed six (6)' months of any year but may be extende d upon request for an additional six (6) months. 'lbe total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be • I • • • • • • restored to their former position if available or to a position comparable for which the employee is qualified. During the periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employees Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The Fire Chief may grant or deny leave requests, taking into consideration the departments work force, work load and the employees request. Failure to Return Unless unusual circumstances exist, an employee who fails to return by the date of leave expiration shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXVI. SETTLEMENT OF DISPUTES A grievance is defined as a claim or dispute by an employee or employees covered by the terms of this Agreement concerning the interpretation or appli- cation of this Agreement. The Association and the employee shall be re~uired to follow the procedure as set out below. Step 1. If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) work days of the date of the occurrence of the grievance or the employee's knowledge of it. The employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall at tempt to adjust the mat tc r •m<l shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Fire Cllief within five (5) work days after the supervisor's response is due. The Fire Chief shall respond in writing to the employee within five (S) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days after the response of the Fire Chief is due. lbe City •Manager or his/her designated representative shall respond in writing within ten (10) work days • • I • • • • • • Pai>e 12 Step 4. If the grievance is still unsettled, the employee within ten (10 ) work days after the reply of the City Manager or his/her designated representative is due, may be written notice request the matter be heard by the Career Service Board . 'Ille Career Service Board or its designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own repre- sentatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for th e record and makes copies available without charge to the other party and to the Career Service Board or its designated hearing officer. Failure by an emp loyee to comply with any time limitation shall constitute a settlement of a grievance. Should the employer not respond within the prescribed time, the g r ievance will automatically proceed to the next step. Authority of Career Service Board 'Ille Career Service ·Board or its designated hearing officer shall have no power to add to or subtract from or change the terms of this Agre ement . 'Ille written decision of the Board or its designated hearing officer shall be final · and binding upon the parties. The Board or its designated hearing officer shall limit its decision strictly to the grievance submitted which has be e n properly processed through the grievance procedure outlined. Any hearing officer shall be selected by mutual agreement of the parties. Grievance Option I t is agreed that should the appeal procedure as provided under 5-3-13 of the Municipal Code be utilized, recourse to the grievance procedure included i n this Article shall be waived. Process i ng Grievance During Working Hours Grievances may be investigated and processed by the employee during work ing ho urs within reasonable time liou.ts without loss of pay provided notice i s given and the work load permits. The employee shall be allowed to attend hearings while on duty. ARTI CLE XXVII. DUES DEDUCTIO N A. The City agrees to deduct the Association dues once each month from the pay of those employees who individually request in writi ng that such deductions be made, subject to the garnishment laws of the State of Colorado. 'lbe amounts to be deducted shall b e certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all emp loyees sh all be remitted together with an itemized .statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. 'Ole authorization shall be revokable during the term of the Agreement, upon a thirty-day written notice by the employee to the City Finance Director. B. Deductions shall be made from only one payment of wages each month, e xcept that if no wages are paid an authorizing employee on the last payday of a given month, ded~ction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly city payday. It is expressly understood that the City assumes no liability and shall not be • • I • • - • • • • Page 13 liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on th e payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. lbe Association shall indemnify and hold the City harmless agains t any and all claims, suits, orders, or judgments brought or issue d against the City as a result of any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for the cost of s uch ch ange or changes, at $25 per hour with a maximum of four (4) hours. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXVIII. RULES AND REGULATIONS Except as limited by the express terms of this Agreement, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. The reasonableness of said rules, regulations,. policies, procedures and duties shall be subject to the grievance procedure. ARTICLE XXIX. BULLETIN BOARDS The City agrees to provide ·space in the fire station for union bulletin boards which shall be properly maintained by the union and used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of union committees. 4. Rulings or policies of the international union. 5. Recreational or soci.al affairs of the union. The union agrees that there shall be no other general distribution or posting by the union or employees upon City property provided, however, the Chief may permit other material not provided for above at his discretion to be posted or distributed. lbe material posted shall not contain anything reflecting deroga- torily upon the City, any of its employees, or any other organization of City employees. ARTICLE XXX. ASSOCIATION A~TIVITY The City agrees 1that during working hours on the City premises and without loss of pay; Association representatives may be allowed to: attend Association • I • • • • • Page 14 and/or Management meetings, post Association notices, solicit Associ ation member- ship during employee's non-work time, and represent employees on grievances . ARTICLE XXXI. SHIFT EXCHANGE Employees may be permitted to secure another firefighter of equal rank and qualifications to substitute for them subject to approval of their supervisor. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee. An y r e quest f o r substitutes shall be signed by both firefighters and approval of the supervisor shall also be in writing. ARTICLE XXXII. SUPPLIES The City will provide supplies necessary for the normal operation o f th e Dep ar tmen t. ARTICLE XXXIII. ACTING -PAY All acting positions would be compensated at full pay. The em ployee mu s t be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first .day of said employee assumes the responsibilities of the position. ARTICLE XXXIV. AUTOMOBILE ALLOWANCE A firefighter who is specifically authorized by the Cllief to operate his personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy. ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the terms and provisions h1:rein contained constitute the entire ·Agreement between the parties and supcrcc dc all previous communications, representations or agreements, either verbal or written, between the parties with respect to the .subject matter herein. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item ·during the life of this Agreement except by mutual agreement of the parties. • I • • - • • This Agreement entered into by the authorized City representatives and the Englewood Firefighter Association shall be a mutual request of the above named parties that the City Council modify the current wage provisions as contained in the 1976 Memorandum of Understanding. to reflect that effective July l, 1979. that each employee covered by the terms of the 1976 Memorandum of Understanding receive a 3% wage increase on his/her annual salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 2nd day of July. 1979. at Englewood. Colorado. • ("- I • • • ( ( • OHOINANCE NO . SEJUES Qlo' 1979 ___ _ • • - BY AUTHORITY A BILL FOR COUNCIL nrr.r. NO . 3 7 IN'l'IWDUCEll BY Councilman H;.irper AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE C l'ry OF ENGLEWOOD , COL OHADO, AND THE ENGLEWOOD FIREFIGHTER ASSOCIATION, EFFEC'l'IVE JANUARY l, 1980 'l'HROUGI! DE CE MBER 31, 1981 , APPROVING A MODIPI C/\'l'I ON 01" 'l'II E WA GE !'HOV J S J ONS CON 'l'/\!NEO IN 'l'llE CO LLEC'J'l VE 13AHGA1NlNG /\GHE EM EN'l' IJJ\'l'ED JULY U , 1975. WHEREAS, a Tentative Agreement dated July 2 , 1979 by and between the City of Englewood and Englewood Firefig hter Associa ti o n has been exec uted by representatives of each of t he parties; and WHEREAS, on July 2, 1979, said Tentative Agreement was dul y ratified by a majority of the members of Englewood F irefighter Association; and WHEREAS, the representatives of the City and of the Englewood Firefig hte r Association have f u rt h er agreed to submit a mutual request to t h e City Council to modi f y the current wa ge provisions co nL.i.i11 t:c l .i11 L11 c Cu ll 1:c Livc B.1 1·<1.ij11i11q /\~rc c 111 v 11L u r .Jul y U , 197 ', and approve d Gy Ordinance No . 57 , Series o f 197~; dnd WHEREAS, Section 5-10-lO(c), as amend e d, r eq uires that the Te ntativ e Agreeme nt be approved by Ordinaly duly pas sed by City Co un cil. NOW, T HEREF ORE , DE IT ORDAINED BY THE CITY CO UNCIL OF T HE C ITY OF ENGLE WOOD , COLOH/\DO : Section 1. That the Te ntative Agreement dated July 2, 1979 by and between t he Ci ty of Englewood, Colorado, and the Englewood F irefig hte r Association, effective January l, 1980 through December 31, 1981, a copy of which is attached hereto and made a part hereof , be and the same is hereby approved. Section 2 . That the mutual request of the representative s of the office of the City Man a g e r and representatives of Englewood F ire fighter Association to modify the c urrent wage p rov isions o ntai n e <.l in the Coll <:c tivc Da rg..iini n g Agreeme nt d a ted J ul y 8 , 1975, approv ed by Ordinance No. 57 , S e ries of 1975, wh ereby , e ff ec tive J u ly 1 , 1979, eac h of the e~ployees c overed by the terms of the July 8, 1975 Collective Bargaining Agreement shall receive a 3% wage increase on said employee's annual salary, be and t!1e same is hereby approve d . • I • - ( • ( • • • • Q Section 3 . That the Mayor of the City of Engl e wood is h ereby ill:i"i:horize<l c1nd direc Le<l to exec ute Lh e Collective i.l <.tr<Jd.in.inq Agr eeme nt b etween th e C.ity of Engle wood a nd the Englewood 1·'.irel.i<JliLL!r Assoc iation dated July 2, 1979, tog e ther with the wage modifi cJtion to the agreement date d July 8, 1975, and that the Direc tor of Fi n a n ce , ex officio City Clerk-Treas ure r, sha lJ a ·test t h e s~m e . T11 t r o uuc ·d' ,. '<id j II r .. I I' dlld ,, • .,;:;c!l l U ll r i I :;f '"""' j "" llll Ll1 L! l (, Llt tluy of .July, l 'J"l 'J. Published as a Bill for an Ordinance on th e 18th day of July , 1979. Attest: Mayor ex officio City Clerk-Treasurer I, Willi am D. James, do here by certify that the above a nd foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full and passed on f irst reading on the 16th day of July , 1979. ~x officio City Clerk-Treasurer -2- • I • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CI1Y OF ENGLElYOOD AND THE ENGLEWOOD FIREFIGHTER ASSOCIATION lbis Agreement entered into by the City of Englewood, Colorado and the Englewood Firefighter Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. lbe City and the -· Association agree to cooperate in order to promote the highest degree of employee performance and productivity. lbis includes but is not limited to the following: conservation of materials, manpower, and supplies; correstion of condition causing grievances and misunderstandings; enhancing the public image of this Department and the City; reduction of absenteeism, tardiness, carelessness; elimination of improper. use of sick leave; and improvement of quality of workmanship. • Except where limited by express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. lbe rights, powers, and authority include, but are not limited to, the following: 1. nie determination of Fire Department policy including th e righ t to manage the affairs of the Fire Department in all respects. 2 . lbe right to assign working hours, including overtime. 3. The right to establish·, modify or change work schedules, manning of apparatus, amount of apparatus in the main or reserve fleet, etc. 4. lbe right to direct the members of the Fire Department including the right to hire, promote, transfer or discipline or discharge for cause, :my firefighter within the Fire Department. 5. lbe table of organization of the Fire Department including the right to organize and reorganize the Fire Department in any manner it chooses, including the size of the Fire Department and the determination of job classi- fication and ranks based upon duties assigned.· 6. lbe determination of the safety, health and property protection measures for the Fire' Department • I • • • • • Page 2 7. The allocation and assignment of work to all firefighters within the Fire Department. 8. The determination of policy affecting the selection or training of firefighters. 9. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. 10. The establishment, discontinuance, modification and enforcement of Fire Department rules, regulations, and orders. 11. The transfer of work from one position to another within the Fire Department. 12. The introduction of new, improved or different methods and techniques of operation of the Fire Department or a change in existing methods and techniques. 13. The placing of service, maintenance or other work with outside contractors or other agencies of the City. 14. The determination of the number of ranks and the number of fire- fighte r s within each rank. 15 . The determination of the a100unt of supervision necessary. ARTICLE I. DURATION OF AGREEMENT A. This Agreement shall take effect on January l, 1980 and shall continue in fo rce to and including December 31, 1981. B. 'nlis Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Agreement should be held invalid by operation of law or the District Court, or if compliance with or enforceiwnt of any article or section should be restrained by such District Court, the remainder of this Agreement shall not be affected thereby and this Agreement shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and ·understand that provisions relating to employees covered by this Agreement shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make dew 'mds and proposals with respect to any subject or 111&tter appropriate for meet and confer discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. All items agreed to in previous Me100randum of Understandings and not addressed in this Agreement will continue • I • • • • • • P a se 3 ARTICLE II. RECOGNITION Tite City recognizes the Englewood Firefighters Association as the emplo y e e organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the Fire Department employees within the following bargaining unit: Included: All full-time. permanent. classified employees of the City Fire Department including Firefighter. Driver-Operator-Engineer, Lieutenant. Captain. Battalion Chief, and Deputy Chief. Excluded: All non-emergency. part-time. temporary seasonal. and contractural employees. students and all employees hired through the use of federal. state or other outside funding sources for special projects or programs. and all others who may be determined by the Career Service Board prior to or during the life of this Agreement. ARTICLE III. NONDISCRIMINATION A. 'nle City will not interfere with or discriminate in respect to any term or condition of employment against any employee covered by this Agreement because of membership in. or legitimate activity as provided in this Agreement on behalf of the members of this bargaining unit. nor will the City e nccurage membership in another Ass.ociation. B. The Association recognizes its responsibility as the exclusive bargain- ing agent and agrees to represent all employees in the bargaining unit without discrimination. interference. restraint or coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Employees of the City shall have the right to form. join and participate in the activities of employe e organizations of their own choosing for the purpose of representation on all matters of employee relations. B. Employees of the City also shall have the right to r e fu se to j oi n o r participate in any activities of employee organizations and s hall ha ve th e r igh t to represent themselves individually in their employment relations with the Ci ty. C. No employee s hall b e interfe red with, intimidate d . restr ained. o r coer ced because of the exercise o f these righ t s. ARTICLE V. HOURS OF WORK The Fire Departme nt s h all ob s erve working hours necessary for the efficie nt transaction of their respe ctive services, such as have been determined for Firefighters as follows: l . The work week shall consist of an average of f ifty-six (56) hours each week for employees assigned to shift work which will be on a twenty-four (24) hour alternating basis and an average of forty (40) hours per week for employees assigned to non-shift work. Nothing herein shall be construed as guaranteeing employees forty (40) hours or fifty-six (56) hours • I • • • • • - Page 4 ARTI CL E VI. OVE RTIME WORK A. Shift workers shall receive overtime for duties perf ormed ove r and above the assigned work week of fifty-six (56) hours, with the hourly rate compu t ed on a fifty-six (56) hour duty week wage basis. When firefighters work ove rtime on an emergency call-back basis, that overtime shall be computed on a forty- (40) hour duty week wage basis. If a firefighter on a full shift o ve r time basis works on an emergency along with other firefighters on a cal l-b ack basis, he will be compensated on the forty (40) hour basis during the peri o d of that emergency. Overti me shall not be coi:.puted nor compensation allotted on previously accrued overtime. All non-shift workers shall be exempt fro m the above provisions. An emergency is defined as a multi-alarm situation where -more than normal manning is required and must be called back by the Fire Olie f. ARTICLE VII. COMPENSATION Employees of the Fire Department and covered by this Agreement shall receive a seven percent (7%) wage increase plus $50 per month on the base wage rate effective January 1, 1980. On January 1, 1981 every member covered by this Agreement shall receive an eight percent (8%) wage increase in the base wage. In addition to their regular base wage, shift investigators assigned and a uthorized by the Fire Chief will receive one h_undred dollars ($100) per month. In addition to their regular base wage, qualified paramedics assigned and authorized by the Fire Olief will receive one hundred dollars ($100) per llK)nth. ARTICLE VIII. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule. Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 pe r year, except for thos e em ployees who ha ve not completed 6 full years of continuous service on December 1 of any year which employees shall receive an amount equal to $12 for each full month of complete d con t inuous service after completion of 5 years of continuous s ervice up to Dec e mber l. 10-14 $24 per month f or $288 per year, except for those employees who have not completed 11 f ull years of continuous service on December 1 of any year which employ ees shall .receive $144 plus an amount equal to $12 for each full month of completed continuous ·service after completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year which eqiloyee shall receive $288 -plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1 • • I • i ~1 • • • - Page S 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuo·us service after completion of 20 years of continuous service up to December 1. ARTICLE IX. PROBATIONARY EMPLOYEES The probationary period for all newly appointed employees shall not be less than twelve (12) months for the date of hire. After completion of the pro- bationary period, the employee shall be eligible for permanent status. ARTICLE X. PROMOTIONS A. A promoted employee covered by this Agreement shall serve a twelve (12) month probationary period in the new position. Should the appointing authority approve permanent status for the employee at the expiration of the twelve (12) month probationary period, the employee shall be considered to have permanent status. B. Any permanent employee in the classified service upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous position at any time during the probationary period at the discretion of the appointing authority and/or the employee. ARTICLE XI. ANNUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) days of an nual leave each year. Annual· leave shall accumulate monthly at the ra :e of one and one-fourth (l~) days per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (~) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee unt il he has been in the employ of the City for at least one year unless otherwise author i.ze d by the Chief. For those employees having less than ten (10) years of continuous service, the maximum accumulation of annual leave shall be thirty (30) days. After ten (10) years of continuous service, non-shift work employees shall be entitled to eighteen (18) days of annual leave each year. Annual leave shall accumulate at the rate of one and one-half (l'V days of annual leave per month of active service. Said maximum accumulation shall be forty (40) days. B. Shift work employees shall be entitled to seven and one-half (7~) shifts of annual leave each year. Annual leave for said employees having less than ten (10) years of continuous service shall accumulate at the rate of fifteen (15) hours for each month of active service and the maximum accumulation shall be fifteen (15) shifts. In order to qualify for annual leave credit during the month, ·the employee must have worked at least one- half (~) of the working days of that month excluding authorized paid leave. After ten (10) years of continuous service, shift work employees shall receive nine and one-half (9'V shifts of leave for each year. Annual leave shall accumulate at the rate of nineteen (19) hours of annual leave per month of active service with a maximum accumulation of annual leave shall be nineteen (19) shifts • ... I • • ' • • • • Pa ge 6 C. Accumulation of annual leave shall neither be authorized nor computed for any purpose after · the maximum accumulations of said leave have been reached. Employees shall not loose accumulated leave after the maximum has been reached, if the employee has requested use of leave prior to maximum accumulation and has been denied use of leave. Use lbe schedule for use of annual leave shall be determined by the ne eds o f the department. Annual leave shall be taken at a time convenient to and approved by the Fire Chief. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor and approved by the Fire Chief fifteen (15) calendar days prior to the start of their annual leave. Minimum Usage There shall be a three (3) consecutive shift minimum use of annual leave time for shift worker, and five (5) consecutive work days for non-shift workers unless otherwise authorized by the Chief. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave for non-shift work employees shall be charged on a work day basis excluding regular days off. Annual leave for shift work employees shall be charged on a twenty-four (24) hour basis excluding regular days off. ARTICLE XII. PERSONAL LEAVE Beginning January 1, 1980, all employees covered by this Agreement shall be granted 4 shifts/days personal leave with pay which an employee is entitled to use for the following purposes: ... 1. Time lost as a result of illness/injury to the employee or the employees immediate family. 2. Attend personal business. 3. Leisure time • I • • • • • Pa ge 7 For any employee who has not used the 4 shifts/days of personal lea ve ending December 31, of each year or any portion thereof, the City will compens dte said employee for the unused time at the eiq>loyees regular wage rate to be p.U.d the last pay period in December of each year. Personal leave time shall not exceed 4 shifts/days nor shall it be accumulated or carried over from one year to the next. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. ARTICLE XIII. DISABILITY-TEMPORARY (NON-SERVICE) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision Effective January 1, 1980, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at tht rate of 100% of the eiq>loyees regular wage up to 120 calendar days/40 shifts of disability. Temporary disability leave shall not be accW11ulative except that on January l of each year the City shall restore 100%of the number of days/shifts used by an employee during the preceeding year up to a maximum of 60 days or 20 shifts. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first shift/day of disability. B. Authorization for temporary disability shall only be granted for the following reason: 1. Illness or injury of the employee not service connected, including maternity. Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: 1. After the 120 days as described above have been used, unless the employee is eligible for retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hours pay for each two hours of accrued sick leave at the employees regular rate or one hours pay for each four hours upon separation from the City. Reporting of Temporary Disabilitx The employee or a member of the employees household shall notify the employees supervisor at least .30 minutes prior to the employees scheduled • I • -• • • reporting time. ·No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the e mployees work schedule. Verification of Disability An attending physician's statement will not be necessary until afte r two (2) shifts of disability, except when required by the Fire Chief. If the Chief requires the employee to see the physician, the City will pay the cost. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee Ut'es temporary disability leave for unauthorized purposes. An employee who !lakes a false claim for temporary disability leave shall be subject to discip ~i nary action or dismissal. It is agreed that after January 1, 1981 the Association and/or the City may request that the Dijabili~-Temporary (Non-Service) provision as provided above be reopened for-":! <;t:'"'i': ~ft.' In the event that agreement cannot be reached concerning said disability plan, the dispute shall be submitted to the Board of Career Service Commissioners . as provided under Step 4 Q! . Article XXVI of this Agreement. D . tuJ,h ... ARTICLE XIV. ON TiiE JOB INJURY -DISABILITY r~,2 . J 1 t/llf <.!..uK.AJC) '7-//-79 t A. For any on the job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work, up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's co~ensation. The City reserves the right • to require any employee on injury or disability leave to submit to an examination(s ) by City-appointed physician(s) at the City's expense or under the provision of workmen's co~ensation. B. All injuries that occur during working hours shall be reported to the em ployee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE 'X){. MIUTARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the miliary, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard of any other component of the militalJ' forces of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the reserve forces of the United ~tates, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or I • ( • • • - other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifte en (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such leave shall not be allowed unless the employee returns to his publi c position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause is not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. ARTICLE XVI. FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) calendar days. For the purpose of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee 's spouse and other members of the family at the discretion of the City. ARTICLE XVII. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE XVIII. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms. ARTICLE XIX. TUITION REFUND Upon recommendation of the department head and after prior approval of the City Manager, the City of Englewood may reimburse a permanent, full-time firefighter upon successful completion of an approved course or courses in education or vocational training. The course or training must be related to the work and be designed to improve competence in the job, and be of value to the firefighter's service to the City. This shall include all tuition, and required texts. ARTICLE XX. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this Agreement of $20,000 for each employee. A conversion privilege upcm retirement of 50% coverage payable by the employee will be made availabl~ by the City for said retired employee. • I • • • • • • • Page 10 ARTICLE XXI. DENTAL INSURANCE Based upon the 1979 dental insurance premium rates, the City shall provide coverage for the City Dental Insurance Plan of 100% for single and depen den t policyholders. Employees shall assume any premium rate increase during 1.:he life of this Agreement in excess of $30 per month. (For description of the coverage, see the City Dental Insurance Plan.) ARTICLE XXII. HEALTH INSURANCE -EMPLOYEES/RETIREES A. City funding of the coverage for the City Health Insurance Plan will be 100% for single and dependent coverage. Employees shall assume any premium rate increase during the life of this Agreement in excess of $120 per t00nth. (For description of the coverage provided, see the City Health Insurance Plan.) B. Health insurance coverage for current retirees only, will be provided by the City on a non-participating basis. The coverage .will coordinate with Medicaid and Medicare wherever applicable. Future retirees will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay fifty percent (50%) of the cost of coverage of the conversion plan up to a maxinum of $50 per month. ARTICLE XXIII. RETIREMENT BENEFITS The retirement benefits for employees covered by this Agreement are set forth in Title II, Chapter 1, Sections 8 through 12 of the Englewood M.lnicipal Code and Colorado State Statutes • Employee contribution shall be as provided for under state laws. ARTICLE XXIV. LAYOFF Whenever there is lack of work, lack of funds, or other legi timate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determi- nation, the required number of e10ployees in the affected position shall be p Jnced on a layoff list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. The layoff list shall terminate after one year. ARTICLE XXV. LEAVES OF ABSENCE (WITHOUT PAY) (This Article shall replace Section 5-3-12 of ·the Englewood Municipal Code.) Eligibility Permanent e~loyees may be granted a leave of absence without pay f:>r reasons of education which is allied to the duties of the City, settleme~t of an estate, child care, serious illness of a member of the employees family, but shall not be used for,the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6)" months of any year but may be extended upon request for an additional six (6) months. lbe total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be • I • • - (t • ( • • • • Poi;e 11 restored to their former position if available or to a position comparable for which the employee is qualified. During the periods of unpaid leave, employ ees shall not continue to accrue service credit or be eligible for any City benefits . Application for Leave A request for a leave of absence without pay shall be submitted in wri ting by the employee to the employees Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The Fire Chief may grant or deny leave requests, taking into consideration the departments work force, work load and the employees request. Failure to Return Unless unusual circumstances exist, an employee who fails to return by the date of leave expiration shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXVI. SETTLEMENT OF DISPUTES A grievance is defined as a claim or dispute by an employee or employees covered by the terms of this Agreement concerning the interpretation or appli- cation of this Agreement. The Association and the employee shall be re~uired to follow the procedure as set out below. Step 1. If the eq>loyee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) work days of the date of the occurrence of the grievance or the employee's knowledge of it . The employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjus t th e matter ;md shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Fire Chief within five (5) work days after the supervisor's response is due. The Fire Chief shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days after the response of the Fire Chief is due. lbe City ,Manager or his/her designated representative shall respond in writing within ten (10) work days. • I • • • n • • • Pa ge 12 Step 4. If the grievance is still unsettled, the employee within ten (10) work day s after the reply of the City Manager or his/her designated representative is du e , may be written notice request the matter be heard by the Career Service Board. The Career Service Board or its designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible -for compensation to its own repre- sentatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for th e re cord and makes copies available without charge to the other party and to th e Care er Service Board or its designated hearing officer. Failure by an employee to comply with any time limitation shall constitute a settlement of a grievance . Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board The Career Service Board or its designated hearing officer shall have no power to add to or subtract from or change the terms of this Agreement. The wr i tten decision of the Board or its designated hearing officer shall be f inal · and binding upon the parties. The Board or its designated hearing officer shall limit its decision strictly to the grievance submitted which has be e n properly processed through the grievance procedure outlined. Any hearing officer shall be selected by mutual agreement of the parties._ Grievance Option It is agreed that should the appeal procedure as provided under 5-3-13 o f the Municipal Code b e utilized, recourse to the grievance procedure incl ud e d in this Article shall be waived. Processing Grievance Dur i ng Working Hours Grievances may be investi gated and processed by th e em ploy ee during work i n g ho urs within reasonable time liau.ts without loss of pay provide d no t ice is given and the work load permits. The employee shall be a l lowed t o a tte nd hear i ngs wh i l e o n duty . ARTI CLE XXV II . DUE S DEDUCTIO N A. The City a gr ees t o de duct the Ass ociation dues once each month from th e pay of those employ ees wh o individually request in writi ng that such deductions be made, s ub ject to the garnis hment laws of the State o f Colo r ado. The amounts to b e de ducte d shall be certi f ied to the City Finance Director by t he Treasurer o f t he Asso ciation, and 'the aggregate deductions of all employees shall be remitted togethe r with an itemized ·statement to the .Treasurer by the 15th of the succeeding month, after such deductions are m;-de. The authorizati on s hall be revokable during the term of the Agreement, upon a thirty-day written no t ice by the employee to the City Finance Director. B. Deductions shall be made from only one payment of wages each month, e xcept that if no wages are paid an authorizing employee on the last payday of a given month, ded~ction for that month will be made from any wages wh i ch may be pai d to him/her on the next succeeding final monthly city pay day. It i s e xpress ly u nders tood tha t the City ass umes no liability and sha ll not be • ' I • • - ( I (. • • • • Page 13 liable for the collection or payment to the Association of any dues during an y time that an employee is · not actually working for the City and actually on th e payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Tr easurer of the Association. C. 'Ille Association shall indemnify and hold the City harmless agains t any and all claims, suits, orders, or judgments brought or issued a gains t th e City as a result of any action taken or not taken by the City under th e provis i on s of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for the cost of such change or changes, at $25 per hour with a maximum of four (4) hours. Payment from the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXVIII. RULES AND REGULATIONS Except as limited by the express terms of this Agreement, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. The reasonableness of said rules, regulations,. policies, procedures and duties shall be subject to the grievance procedure. ARTICLE XXIX. BULLETIN BOARDS The City agrees to provide · space in the fire station for union bulletin boards which shall be properly maintained by the union and used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of union committees. 4. Rulings or policies of the international union. 5. Recreational or social affairs of the union. The union agrees that there shall be no other general distribution or posting by the union or employees upon City property provided, however, the Cllief may permit other material not provided for above at his discretion to be posted or distributed. 'Ille material posted shall not contain anything reflecting deroga- torily upon the City, any of its employees, or any other organization of City employees. ARTICLE XXX. ASSOCIATION A~TIVITY The City agrees 'that during working hours on the City premises and without loss of pay; Association representatives may be allowed to: attend Association • I • • ( ' ' • • • • - Page 14 and/or Management meetings, post Association notices, solicit Association ~mber­ ship during employee's non-work time, and represent employees on grievances. ARTICLE XXXI. SHIFT EXCHANGE Employees may be permitted to secure another firefighter o f equal rank and qualifications to substitute for them subject to approval of their supervisor. The employee substituting shall be responsible to work th e scheduled shift and any absence shall be charged against that employee. Any request for substitutes shall be signed by both firefighters and approval of the supervisor shall also be in writing. ARTICLE XXXII. SUPPLIES The City will provide supplies necessary for the normal operation of th e Department. ARTICLE XXXIII. ACTING · PAY All acting positions would be compensated at full pay. The employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first .day of said employee assumes the responsibilitie~ of the position. ARTICLE XXXIV. AUTOMOBILE ALLOWANCE A firefighter who is specifically authorized by the Cllief to operate his personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy. ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the terms and provisions h1 :rein contained constitute the entire 'Agreement between the parties and supcrccdc nll previous co111111unications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiati ons will not be reopened on any item ·during the life of this Agreement except by mutual agreement of the parties • • I • • • • This Agreement entered into by the authorized City representatives and the Englewood Firefighter Association shall be a mutual request o f the above named parties that the City Council modify the current wage provisions as contained in the 1976 Memorandum of Understanding, to reflect that effective July 1, 1979, that each employee covered by the terms of the 1976 Memorandum of Understanding receive a 3% wage increase on his/her annual salary. The parties respectfully request this modification and by their ' respective representatives have placed their signatures thereon, on this 2nd day of July, 1979, at Englewood, Colorado. )t..!_TY OF ENGLEWOOD . \ ' . -~· ~ZJ11R-&''y I . • • - • I • • • • • Andy McCown, City Manager ""8-0flPICI ••lOMNDUM ~ Kells Waggoner, Director of Public Works IWllCT1 Problem in Alley DATii July 10, 1979 8 A On July 9, 1979 we met with W. W. Brandt, 4469 S. Washington, to discuss the grade in the alley adjacent to his property. It was determined that we would place some aggreg ate on his side of the alley, in a modified "v" alley shape, so that the cut adjacent to his property would be one-half the original. Then, he would slope his parking area to take up the difference. I believe Reverend Brandt is satisfied with the outcome of the meeting. I • • • • - M E M 0 R A N D U M TO: Honorable Mayor and Members of the City Council FROM: Andy Mccown, City Manager DATE: July 12, 1979 SUBJECT: Six-Quarter Budget -July 1979 through December 1980 Enclosed is the recorranended Six-Quarter Budget for July 1979 through December 1980. A resolution adopting the Six-Quarter Budget is also presented for your consideration. The follow- ing are reconnnended changes to the Six-Quarter Budget: 1979 Changes Paving District #25 -Paving District #25 was for general street improvements throughout the City. We originally had a budget of $230,500. The project has been closed out and the final costs amount to approximately $236,500. Therefore, we have included $6,000 in the 3rd quarter of 1979 to appropriately fund the total costs of Paving Dis-trict #25. River Development -At a recent study session the City Council approved adding $40,000 for improvements and con- struction of the second nine holes at the Englewood Golf Course. These monies were to be used mainly for a con- tingency in case additional land fill or top soil would be needed beyond the requirements stipulated in the speci- fications. Therefore, in the 3rd quarter of 1979 $40,000 has been added to the River Development account for this purpose. Senior Center Parking -The City Council has been advised of the intention of the ECBF to contribute $50,000 for the purchase of land for parking south of the Elsie Malley Cen- ter. The City would have to contribute a matching amount of $50,000 for the purchase of this land. The Senior Cen- ter Parking account has been amended by $100,000 in the 3rd quarter of 1979. Sidewalk Repairs -The City Council has signed a contract with RTD to fund the repair of the cross pan on the south side of U. S. 285 at Cherokee Street. The amount of the grant ($4,500) will pay the entire cost of reconstruction of this cross pan and the City will provide the design. The Sidewalk Repairs account has been amended in the amount of the grant of $4,500. • I • • - • • • • • • • Honorable Mayor and Members of the City Council Six-Quarter Budget July 2, 1979 Page 2 Council-Court Facilities -The City Council at a study session on May 7, 1979, approved Judge Parkinson's request for additional improvements to the communication system in the new Council-Court facility. The additional equipment is estimated to cost $5,500. It has been budgeted in the Council-Court Remodeling account in the 3rd quarter of 1979. The recoD111ended changes total $156,000 in 1979. The City pre- sently has funds in the amount of $114,500. In order to fund all the approved projects and in particular the purchase of land south of the Malley Center for parking, one of the fol- lowing projects that is currently in the six-quarter budget for 1979 would have to be amended by a reduction of $41,500. The following are three projects that Council may want to con- sider reducing their budgets by the amount stated above: Little Dry Creek Clarkson Street Centennial Park Current Budget $ 600,000 225,000 94,000 In the resolution which is attached you will note that under Appropriations we have left a space to be filled in at the meeting after Council has had time to review the matter in the study session preceding the meeting. 1980 Changes Projects added for the 4th quarter of 1980 are: Little Dry Creek -$70,000 -This project is part of the Five-Year Capital Improvement Program and was approved by Council in the 1979 budget. Funds available to fund the projects in 1979 are: ·ncerely, Use Tax ECBF RTD Grant PIF Fund Balance TOTAL ~~~~ $ 15,000 50,000 4,500 45,000 $ 114, 500 I • • • • 0 ) -. SIX QU ART ER BUDC£T •' JULY I 979 THR OUGH DEC EMBER 1980 To t al Begtnntn1 3rd 4th Total Funds 1st 2nd 3rd 4 t h Fun ds BalanCI! Quarter Quarter BudRet Expenditures Aval lable Quarter Qu a rter Quart e r Qua r t e r Avail a b l e January l _!12_9_ 1979 _JJ..?1.__ Thru 6/79 6/79 1980 198 0 19 8u 1980 -2~ ----· ------·-·-Ge neral Stora Drainage 6,622 6 ,622 6 , 575 47 1.7 Nort h Ce ntral 111 13, 91 7 13, 91 7 J O, 1 14 3,8 0 3 3 ,8 0 3 Ce ntr-al BaR tn 100 ,000 463 ,140 70 ,000 633 ,140 HJgh Sc hool Baafn 4 75 ,000 4 75 ,000 4 70,976 4 ,024 4 .O~l.. Littl e Dry Cr eek 400 ,000 100 ,000 100 ,000 600 ,000 39, 900 560. 100 200 ,000 100 ,000 860 , I OO Oart•out h l•pro wment s I ,2 25 1,22\ I ,225 1 , 225 Tra f fi c l•prowaent 11 8 ,8 18 25 ,000 33 ,818 5 , 13 6 28 ,6 8 2 28 . 682 Clark aon S tree t 125 ,000 100,00(1 225 ,000 6 2 24 . 944 22 !. '94!. ldml S tree t 50 ,000 50 ,000 50 ,000 5fl .00\I Roa d & Brt dge 140 , 580 14 0 ,580 6,000 134. 580 70 ,000 70 ,000 ~7 4 . SRll PavJ ng & S Jdewa lk (P , D. '27) 200 ,000 2 U(1 ,(JQO Ct ty Su r vey 20 ,0 00 20 ,0 00 20,000 20 ,000 40 ,000 Lehow Aw . Br ld11 e 250 250 250 250 • Pavl ng Dt st r lc-t 125 •6 ,000 6 ,000 6 .000 6 ,0(10 Cf'ntennlal Pa r k 9 4 ,000 94 ,000 93 . 995 93, 9?1 BE-1 levi e.w Sto rm Repai r 100 ,000 100 ,000 100 .000 l OO ,nno HAndt carped Play A.ppnr<HU8 24 ,000 24 ,000 24 ,000 2.!. ,Ot\0 Hiller Bufldtng 5 , 191 5 , 191 4 , 368 8 23 8 13 Sfnclat r PooJ Ba thhouse 7 . 78 5 7 . 78 5 7 . 785 7 , /SS • Rf vie r De Vf>l op11e nt 3 ,238 •65o,noo 179,736 832 . 974 40 , 519 79 2 ,455 100 ,000 8 9~ ,4\5 Seni o r Cen t e r 24 ,671 35 , 264 59, 9 37 34 . 267 21,670 21,o/0 • Senio r C'e nte r Pa rk Jng •122,100 122 ,100 2 2. 500 100 ,000 10r ,onc * Cou nc t l -Cou r t Re model t ng 9 1 ,900 54 . 500 146. 400 122 . 540 23 . 8 60 23 , 860 land ACfJu isttion 100,000 100 ,0 00 100 ,000 100 ,000 1-·t r e S t 11 tf o n ~3 250 ,000 21 0 ,000 800 24 9. 200 2 4 q .~l'I\} f tre Re s c ue Unft 25 ,000 25 ,0 00 25 ,000 2.J ,000 Fire Trai ning F.-ct lf .. y 33,00 0 33,000 33,000 33 ,OOt. • Side walk Rt."pa t r e ~O.Q 10 ,soo 10 ,soo l U,500 TOTAL 587 ,619 F 1322 1J44 47J , 736 p 13B3 169 9 763 , 70 6 i2 16 l9 ,943 420,000 7J3 1140 11 0 ,000 10,000 ~4 ,013 ,0 8 3 • * Add 1 tto na l Approprlattone or change • • • • • RESOLUTION NO. SERIES OF 1979 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Co\Ulcil of the City of Englewood, Colorado, has approved a six quarter budget for the period July 1979 through December 1980; and NOW, THEREFORE, BE IT RESOLVED by the City CoWlcil of the City of En~wood, Colorado, as follows : Section l. The following estimated appropriations and revenues are hereby in the Public Improvement F\Uld : Source of Funds ECBF RTD Grant Use Tax PIF Fund Balance Appropriations Section 2. River Development Senior Center Parking Paving District #25 Sidewalk Repairs Council-Court Remodeling Total $ 50,000 4,500 15,000 45,000 ~ 114, 500 $ 40,000 100,000 6,000 (41,500) 4,500 5,500 ~ 114, 500 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~ I 1979. Mayor • I • • - • • • • • • • -2 - ATTEST: ex officio City derk -Treasurer I, William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the above and foregoin is a true, accurate and complete copy of Reso~~on No. , Series of 1979, passed by City Council on the day o , 1979. ex officio City Clerk-Treasurer • • I • - - • • • RESOLUTION NO. 28 SERIES OF 1979 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City CoWlcil of the City of Englewood, Colorado, has approved a six quarter budget for the period July 1979 through December 1980; and NOW, THEREFORE, BE IT RESOLVED by the City CoWlcil of the City of En£)ewood, Colorado, as follows: Section l. The following estimated appropriations and revenues are hereby in the Public Improvement FWld: Source of Funds ECBF RTD Grant Use Tax PIF Fund Balance Appropriations Section 2 . River Development Senior Center Parking Paving District #25 Little Dry Creek Sidewalk Repairs Council-Court Remodeling Total $ $ $ 50,000 4,500 15,000 45,000 114,500 40,000 100,000 6,000 (41,500) 4,500 S,500 114,500 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 16th day of July , 1979. Mayor • • I . • • • • -2 - 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. 28 , Series of 1979, passed by City Council on the 16th day or---J'uly , 1979. ex officio City Clerk-Treasurer • I • • • RESOLUTION NO. SERIES OF 1979 • • • A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND , SEWER FUND, AND GOLF COURSE BUDGETS. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1979 budget; and WHEREAS, the City Council of the City of Englewood, Colorado, has approved salary increases for employees effective July 1, 1979; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated sources of funds and appro- priations are hereby made in the General Fund: Source of Funds Fund Balance L 231,989 Appropriations City Attorney $ Municipal Court 4,163 4,700 4,975 2,170 2,247 3,195 4, 117 4,034 2,105 1,981 1,068 5,878 City Manager Employee Relations Treasury and Record Accounting Revenue Purchasing Data Processing Public Works Administration Senior Surrey Engineering Streets and Drainage Traffic General Operations and Maintenance Fire Prevention Rescue Suppression and Administration Training Connnunications Police Protection Animal Shelter Code Enforcement Housing Planning • 13,009 4,965 5,015 3,565 3,962 39,419 1,673 5,342 70,976 2,223 5,754 2,905 5,009 I • - • • • Section 2. Library Senior Recreation Parks -2 - • • • Recreation General Operations Total $ 8,137 1,829 14,509 3,064 i 231,989 The following estimated sources of funds and appro - priations are hereby made in the Water Fund: Source of Funds Retained Earnings Appropriations Section 3. Source of Supply Power and Pumping Purification Transmission and Distribution Administration and General Total $ $ $ 12,933 2,108 1,689 3,154 4,300 1,682 12,933 The following estimated sources of funds and appro- priations are hereby made in the Sewer Fund: Source of Funds Retained Earnings $ 6,372 Appropriations Sewage Collection $ 2,068 Administration and General {f I 304 Total $ 6,372 Section 4. The following estimated sources of funds and appro- priations are hereby made in the Golf Course Fund: Source of Funds Retained Earnings $ 11 718 Appropriations Golf Course $ 11 718 • I • - • • • • • • -3 - Section 5. 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 / f.p tJi day • 1979. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer for the City of Englewood, Colorado, do hereby certify that the above and foregoin~· a true, accurate, and complete copy of Resolution No. , Series of 1979, passed by the City Council of the City o Englewood on the !..iLtti_ day of ~. 1979. ti 0 ex officio City Clerk-Treasurer • I • • • RESOLUTION NO • .c!ICf SERIES OF 1979 • • • A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1979 budget; and WHEREAS, the City Council of the City of Englewood, Colorado, has approved salary increases for employees effective July 1, 1979; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated sources of funds and appro- priations are hereby made in the General Fund: Source of Funds Fund Balance Appropriations $ 231, 989 City Attorney $ Municipal Court 4,163 4,700 4,975 2,170 2,247 3,195 4,117 4,034 2,105 1,981 1,068 5,878 City Manager Employee Relations Treasury and Record Accounting Revenue Purchasing Data Processing Public Works Administration Senior Surrey Engineering Streets and Drainage Traffic General Operations and Maintenance Fire Prevention Rescue Suppression and Administration Training Communications Police Protection Animal Shelter Code Enforcement Housing Planning • 13,009 4,965 5,015 3,565 3,962 39,419 1,673 5,342 70,976 2,223 5,754 2,905 5,009 I • • Section 2. Library Senior Recreation Parks -2 - • • • Recreation General Operations Total $ 8 ,137 1,829 14 ,509 3 064 $ 231,9 89 The following estimated sources of funds and appro - priations are hereby made in the Water Fund : Source of Funds Retained Earnings Appropriations Section 3. Source of Supply Power and Pumping Purification Transmission and Distribution Administration and General Total $ $ $ 12,933 2,108 1,689 3,154 4,300 1,682 12,933 The following estimated sources of funds and appro- priations are hereby made in the Sewer Fund: Source of Funds Retained Earnings Appropriations Section 4. Sewage Collection Administration and General Total $ $ $ 2,068 4 304 6,372 The following estimated sources of funds and appro- priations are hereby made in the Go lf Course Fund : Source of Funds Retained Earnings Appropriations Golf Course • $ 1,718 $ l, 718 I • • - • • • • • ,. • -3 - Section 5. Th e City Manager and Director of Financ e are h e reby authorized t o ma ke the above changes to t he 1979 Budget of the City of En glewood . ADOPTED AND APPROVED th is ~day of ~ (/ • 1979. Mayor ATTEST: ex of f icio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer for the City of En g lewood, Colorado, do hereby certify that the above and foregoin~i a true, accurate, and complete copy Council of the City o Englewood on the J.'2.1il. day of , of Resolution No. , Series of 1979, passed by th'Pr-ity 1979. e x o ffi c i o City Cl e rk-Treasurer • I • • RESOLUTION NO. SERIES OF 1979 • • • A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. WHEREAS, the City Counc i l o f th e City of En g lewood, Colorado, has approved a 1979 budget ; and WHEREAS, the City Council of the Ci t y o f En gl ewood, Colorado, has approved salary increases for e mp lo y ee s effective July 1, 1979; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated sources of funds and appro- priations are hereby made in the General Fund: Source of Funds Fund Balance $ 231,989 Appropriations City Attorney $ Municipal Court 4 ,163 4,700 4,975 2,170 2,247 3,195 4,117 4,034 2,105 1,981 1,068 5,878 City Manager Employee Relations Treasury and Record Accounting Revenue Purchasing Data Processing Public Works Administration Senior Surrey Engineering Streets and Drainage Traffic General Operations and Maintenance Fire Prevention Rescue Suppression and Administration Training Communications Police Protection Animal Shelter Code Enforcement Housing Planning • 13,009 4,965 5,015 3,565 3,962 39,419 1,673 5,342 70,976 2,223 5,754 2,905 5,009 I • ( • Section 2 . Library Senior Recreation Parks -2 - • • • Recreation General Op erations Total $ 8,137 1,829 14,509 3,064 $ 231,989 The following estimated sources of funds and appro - priations are hereby made in the Water Fund: Source of Funds Retained Earnings Ap p ropriations Sec tion 3. Source of Supply Power and Pumping Purification Transmission and Distribution Administration and General Total $ $ $ 12,933 2,108 1,6 8 9 3,1 54 4,3 00 1,68 2 12,9 33 The following estimated sources of funds and appro - pri a tion s are hereby made in the Sewer Fu n d: Source of Funds Retained Earnings $ 6,372 Appropriations Sewage Collection $ 2 ,068 Administration and General 4 304 Total $ 6 ,372 Section 4. The following estimated sources of funds and appro- priations are hereby made in the Golf Course Fund: Source of Funds Retained Earnings App ropriations Golf Course • $ 1, 718 $ 1, 718 I • - ( ( • • • • -3 - Section 5. 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 -#"->"t"<--11~~---• 1979. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy Council of the Cit~Englewood on the L.lLIL1 day of , of Resolution No. ;:1CJ , Series of 1979, ,P,a~~ed by t~hi y 1979. ex officio City Clerk-Treasurer • I • • ( • ( • RESOLUTION NO. c:;tt:/ SERIES OF 1979 • • • A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1979 budget; and WHEREAS, the City Council of the City of Englewood, Colorado, has approved salary increases for employees effective July 1, 1979; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated sources of funds and appro-priations are hereby made in the General Fund: Source of Funds Fund Balance Appropriations $ 231,989 City Attorney $ Municipal Court 4,163 4,700 4,975 2, 170 2,247 3,195 4, 117 4,034 2,105 1,981 1,068 5,878 City Manager Employee Relations Treasury and Record Accounting Revenue Purchasing Data Processing Public Works Administration Senior Surrey Engineering Streets and Drainage Traffic General Operations and Maintenanc e Fire Prevention Rescue Suppression and Administration Training Communica t ions Pol i ce Protection Anima l Shelter Code Enforcement Housing Planning • 13 ,009 4,965 5,015 3,565 3,962 39,419 1,673 5,342 70,976 2,223 5,754 2,905 5,009 I • - - • Section 2. Library Senior Recreation Parks -2 - • • • Recreation General Operations Total $ 8,137 1,829 14,509 3 064 $ 231,989 The following estimated sources of funds and appro- priations are hereby made in the Water Fund: Source of Funds Retained Earnings Appropriations Section 3. Source of Supply Power and Pumping Purification Transmission and Distribution Administration and General Total $ $ $ 12,933 2,108 1,689 3,154 4,300 1, 682 12,933 The following estimated sources of funds and appro- priations are hereby made in the Sewer Fund: Source of Funds Retained Earnings $ 6,372 Appropriations Sewag e Collection $ 2,068 Administration and General 4,304 Total $ 6 ,372 Section 4. The following estimated sources of funds and appro- priations are hereby made in the Golf Course Fund: I • • ( ( • • • • -3 - Section 5. 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 ./ii!!!_ day of Ck.~ I • 1979. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer for the City of Englewood, Colorado, do hereby certify that the above and foregoin~· a true, accurate, and complete copy Council of the City o Englewood on the li2.!tl___ day of , of Resolution No. , Series of 1979,,p~~sed by th~ity 1979. ex officio City Clerk-Treasurer • I • •