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Home My WebLink About1978-12-04 (Regular) Meeting Agenda• - • • 0 CITY COUNCIL i1EETING -REGULA:a Dece.nber 4, 1978 • • ( REXlULAR r-1EETING : • • • COUHCJL 0WIJBER3 CITY OF ENGLEl~OOD , OOIDRAJX.l cel'l'ber 18 , 1978 The City Council of the City of Englewood , Arapahoe County , Col orado , rre in regular session on D=cerrber 18 , 1978 , at 7 :JJ p .m. The invocation was given by Reverend Stanley Fixter , Englewood United Methodist Church , 3885 South Broadway . The Pledge of Allegiance was led by Boy Scout Troop #154 . Mayor T-aylor asked for roll call. Up:m a call of the roll , the follow-ing were present: Council M=l'l'bers Smith , Harper , Clayton , Mmn , Web er , 'l'aylor . Absent : Council ~i=rrber \.Jilliams . The Mayor declared a quorum present . Also present were : * * * * * * City M:inager McCown Assistant City Man~r Curnes City Attorney Berardini Director of Finance/City Clerk Jarres . * * * * * * OOUNCII.MAN SMI'IH ~'DVED 'IO APPRJVE 'IHE MINUTES OF 'IHE SPECIAL MEETING OF DEC EM3ER 5 , 1978 . Councilman Harper seconded the motion . Upon a call o f the roll , the vote resulted as follows: Ayes : Council ~i=l'l'bers Smith , Harper , Clayton , Mann , Weber , Taylor . Nays: None Absent : Council M=l'l'ber Williams The Mayor declared the motion carried . * * * * * * COUNCILMAN SMI'Il-l MOVED 'IO APPRJVE 'IHE MINU'IES OF 'IHE SPEX:IAL MEETING OF IECEMBER ll , 1978 . Councilman Weber seconded the motion . Upon a call of the r oll , the vote resulted as follows : I • • • { December 18 , 1978 Page 2 Ayes : Nays : Absent : • • • Council f'k'mt>ers 'mith , Harper , Clayton , Msnn , Web e r , Taylor . None Council f'.Errber Williarrs 1he May or ct~~lared the motion carried . * * * * * * Pre-scheduled visitor Gerri Von Frellick , New Englewood , Ltd., was present and discussed the e xtension o f parking agreerrent for Cinderella City Shopping Center . Mr . Von Frellick requested that the Council reconsider the parking agreerrent with a term of expiration of 99 years instead of the proposed 50 year term . In respons e to Counc ilman Smith 's question , f1r . Von Frellick state that he could not think of any other use of the area contain ed in the agreerrent other than for parking . Also , Mr . Von Frellick stated that in order to obtain secondary financing that the longer term ( 99 years) lease was necessary . COUNCILMAN HARPER MJVED 'ID RECONSIDER EX'IENSION OF PARKING AGREEME n' FOR CINDERELLA CITY . Counci lman Msnn seconded the motion . Upon a call o f the roll , the vote resulted as follows : Ayes : Council f'.Embers Smith , Harper , Clayton , Msnn , Weber , Taylor . ays : None Absent : Council Merrber Williarrs 1he Mayor declared the motion carried . COUNCILMAN SMI'IH JIOVED 'ID POSTPOHE ACI'IO N ON '1HE PARKING AGREEJ11ENr FOR CINDERELLA CITY UNTIL JANUARY 2 , 1979 , AND DIREC'IED 'IHAT 'lliE CITY AT'IDRNEY OBTAIN NA'IERIALS RELEVAN? 'ID 'IHIS AGREEJI1EN1' 'lliAT JVI/.I.Y NOT HAVE BEEN PREVI0113LY AVAILABLE AND 'ID IETERMINE 'lliE CITY 'S LIABILITY IN 'IHE USE OF SAID AREA CON- TAINED IN 'IHE AGREEJviENI'. Councilman Msnn seconded the motion . Upon a call o f the roll , the vote resulted as follows : Ayes : Council Members Smith , Harper , Clayton, M:mn , Weber , Taylor . Nays : None Absent : Council Member Williarrs . 1he Mayor declared the motion carried . * * * * * * • I • • • { December 18 , 1978 Page 3 • • • Pre-scheduled visitor Gary Copp , President o f Casual Lounge , Inc ., 65 West Floyd Avenue , was present requesting l!Ddification of iquor license o premises . COUNCIU1AN MA:-JN mVED 'IO APPF{)VE mDIFICATION OF PREMIS LO UNGE , INC ., 65 WEST FI.DYD . Counc ilman Weber seconded the l!Dtion . of the roll , the vote resul e as follows: FCRCASUAL Upon a call Ay es : Council M=rrbers mith , Harper, Clay on , Mann , Weber, Taylor . Nays : Uone Abs ent : Council M=rrber Willia.rrs The Mayor declared the l!Dtion carried . * * * * * * Other Visitor Earl Ladewig , Chairman of the Retiremen t Board , appeare before Counc i l requesting that a bill for an ordinance relating t o changes to the reti rement system be postponed until the Retirement Board had an opportunity to review the bill . In response to City 1>1ana ger McCown 's question , Mr . Ladewig stated that merrb ers of the Englewood Employees Association had contacted him and expressed concern of having the Director o f Finance a voting merrber of the Board . COUNCILMAN WEBER MJVED 'IHAT 'IHE BILL FCR AN ORDINANCE RELATINJ 'IO AMENDII'n CERTAIN PffiVISIOHS OF 'lliE RETIRF11ENT PLAN BE MJVED FCR-IARD ON 'll-!E AGE NDA. Councilman mith seconded the l!Dtion . Upon a call of the roll , he vo e resulted as follows : Ay es : Council M=mber Smith , Harper, Clay on , Mann , Web er, Taylor Nays : None Abs e nt : Council ~mber Willia.rrs . 'Ihe May or declare the motion carried . COUNCILMAN ~lEBER MJVED 'IHAT THE BI LL FCR AN ORDINANCE RELATING TO AMENDING CERTAIN PffiVISION OF 'iHE RETIREMENT PLAN BE POSTPONED UNTIL JANUARY 15 , 1979 , COUNCIL MEEITNG. Councilman Harper seconded the motion . Upon a call of the roll , the vote resulted as f ollows : Ay es : Council M=rrbers mith , Harper , Clayton , Mann , Web e r, Taylor Nays : None Absent : Council Member Willia.rrs . 'Ihe Mayor declared the llDtion carried . * * * * * * • I • • - • • • ( December 18 , 1978 Page • • • Other Visitor Eugene No rman , 3861 South Logan , was present to give a Holiday Greeting . * * * * * * Ruth Allen , representing the League of Women Voters , was present req es ting that the Council co nside r why people ruYJ for o ffic e and various b o ards and conmissions befor e the Council takes final action on inc reasing Co uncilman salaries to be effective January 1 , 1980 . * * * * * * "Col11l1Ul1icat i ons -No Action Fecol1TJ'Iended " on the agenda were received : (a) Financial report for Noverrber , 1978 . * * * * * * INI'IDDUCED AS A BILL BY CDUNCILMEN t1AI-JN AND WILLIAMS BY A lJll-!ORI'IY ORDINANCE NO . 49 , SERIES OF 19 7 8 AN ORDINANCE AMENDING SECTION 41 , OIAPI'ER 4 , TITLE I , OF ARTICLE IV . ENI'ITLED "COUNCIL SALARIES " BY INCREASING SAID SALARIES FDR FlJTURE MEM3ERS OF 'lliE ENGLEWOOD CITY COUNCIL , 'ID BEC0~1E EFFECTIVE DURING SAID COUNCIL 'IERM COJI1ME:NCING AT 7 :30P .M. ON 'IHE FIRST i"DNDAY AFI'ER JANUARY 1 , 1980 . COUNCiil1AN MA:.JN IIDVED 'ID PASS ORDINAI'ICE NO . 49 , SERIES OF 1978 ON FINAL READING . Counc ilman Clayton seconded the rmtion . Councilman We ber stated t hat he is requesting that the Council defeat this bill because c itizens in the col11l1Ul11 ty are willing to serve w1 t h out financial renurnerati on and it is his f e eling that this is t he way it should be . Councilman Weber stated we are here to serve the interest of the community . Councilman Weber offered a conpromise of 7% whi ch is in the guidelines established by the President for wage and price controls . Councilman Smith stated that considerable time is required to serve as a counc ilman and that this could mean a loss of considerable income to sorre individuals . This may discourage citizens from running for Council bec ause o f potential financ ial loss that could affect not only themselves but menb e rs o f their family . Counc ilman Smith stated that he felt there needs to be balance in this sys tern . I • • - , • • ( December 18 , 1978 Page 5 • • • (X)UNCIIJIWJ SMI'lll DYED 'ID AMEND ORDINANCE NO . 49 , SERI OF 1978 , BY CHANGII'Kl 'IHE SALARIES 'ID : UN II..MAN $300 ; MAYOR PRJ 'IEM $350 ; MAY OR $ 00 . Counc ilman Clay on secon ed the i o n . Councilman Clay on state d that 1t 1s not possible f or sol!E c itizens in the conrnunity o run f or o ffice because they cannot afford it if electe to office because o f l oss of personal incol!E while serving on the Council. Councilman Harpe r s a e d TTDney is not a l!Ej o r facto r in running for office and tha there is no anount o f money tha will pay f or serving h e conrnunity as a councilman . Also , raising the salaries o f co cillTEn will not encourage m re people to run . Councilmm Harper stated he migtlt suggest a s alary increase with an average 7% over four years . Upon the call o f the roll for the al!Ended TTD ion , the vo te resulted as follows : Ayes : Council Members Smith , Clayton , Mann . Nays : Counc il Mentlers Weber , Harper , Taylor . Absent : Council Member Williams . Th e Mayor declared the rrotion defeated. (X)UNCILl'WJ MANN JVDVED 'ID POSTPONE ORDINANCE NO . 49 , SERIES OF 19 78 ON FINAL READING UNTIL JANUARY 2 , 1979 . Councilman Weber seconded the TTDtion . Upon a call of the roll , the vote resulted as follows : Ay es : Council Members Smith , Harper , Clayton , Mann . Nay s : Col.D1cil Members Weber , Taylor . Absent : Col.D1cil Member Williams . Th e Mayor declared the TTDti on carried . * * * * * * Mayor Taylor declared a 15-minute reces s at 9 :10 p .m. ****** May or T.aylo r asked for roll call. Upon a call o f the roll , the following l!Embers were present at 9 :2 5 p .m. Council Members Smith , Harper , Clayton , Mann , We b e r , Taylor . Absent : Counc il Me mb er Williams . 'lhe Mayor declared a quorum present . * * * * * * • I • • { December 18 , 1978 Page 6 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAY'ID: A BILL FOR AJ'i ORDINANCE APPROVI!'lJ A CONTRAcr BEIWEEN 'D-!E CITY OF EmLEJN D, COLORAID , AND 'D-!E COUNTY OF ARAPAHOE , CITIES OF UTI'IEIDI , SHERIDA'l Al D CHERRY HillS VILLAGE , COLORAID , RELATING 'IO 'IHE U E OF 'IHE ANIMAL HELT""r:.R FACIUTY WI'IHIN 'IHE CITY OF ENGLDIOOD . City Man r McCown reviewed this ordinance stating it wi ll au hor ize the City to enter in o agreements vdth cer tain other go ve rnmental agencies to provide t hem with an animal pound for certain f ees and charges . City Manager McCown further stated the agreements contain a provision f or mandato ry neut er- ing dog;:; adopted . City Ma.nager McCown e xpressed concern over mandatory neutering . He further stated that the section o n neuteri ng in this bill be deleted . COUNCILMAN HARPER !VDVED 'IHAT 'IHE SECTION IN 'Il-IE BILL REQUIRING MA.t'IDA'IORY i.JEU'IERING OF SHALL ANIMALS BE mLETED FROM TI-lE BILL . Councilman \~eber s econded he l!Dtion . Upon the call of the roll f or amendment relating to mandatory neutering, t he vote resulted as f olloviS : Ayes : Comcil !'embers Smith , Harper , Mann , Weber , Taylor . Nays : Comcil f1ember Clayton . Absent: Comcil 11=mber vlilli ans . The 11ayor declare the l!D tion carried . COUNCILJilAJ\1 CLAY'IDN IDVED FOR PASS AG E OF TI-lE BILL ON FIRST READI!'lJ . Comc ilman Mann seconded the l!Dtion . Upon t he call o f the o riginal llDtion , t h e vote resulted as follows : Ayes : Comcil ~'!embers Harper , Mann . Nays : Council !'embers Smith , Clayton , We ber , Taylor . Absent : Co uncil l'er.tler oJilliams . The Mayor declared the llDtion defeat ed . Councilman Weber stated that the City should be making l!Dney on providing these services and not just breaking even or l osing llDney . He furthe r suggested that the City renegotiate the contracts in order for the City to earn some rate of return . I • • I::ecerrber 18 , 1978 Page 7 • • • Councilman Smith stated ha Englewood provides services to other governrrents ~lithout re urn consi era ion to Englewood on particular issues concerning our City . OOUNCILMAN MANN I'DVED OOl!l'A 'll1E ENI'ITIE.S INVOLVED AND RENEXlO- TIATE 'll1E AGREEMENTS AriD 0 OBTAIN INPUT FroM E ANIMAL 001-n'ID L COMMITTEE . Counc ilman Sm1 h seconde he IJO i on . COUl'J ILMAN \-lEBER I'DVE 'IO RECOJ IDER 'IHE BilL BEFORE OOUN IL AS AMENDED . Counc lman H er seconded the IJOt on . Councilman ·eber s ated ha the Council should carefully look at this agreerrent and other services provided by Englew d , but the City does have t o have coopera ion ~li h other bordering ci ties . Councilman Mann s ated he still had concerns abou no having rrajor legislation such as this E.".oled by he City 's corrmittees , in particular for this issue the Ci y 's Animal Con rol Corrmittee . t..pon he call of the ll for a IJO t i on to reconsider the bill , the vote resulted as f ollows: Ay es : Council M=mbers mith , Harper, Clayton , Web e r . Nays : Council ~ers M:um , 'l'aylor. Absen Council M=rrtler Hill iarrs . Th e Mayor declared he IJOtion carried . Upon the call of roll as follows : pass he bill as arrended , the vote resulted Ayes : Council M=rrtlers Weber , Harper , Taylor . Nays: Council M=rrtlers Smith , Clayton , M3nn . Ab sent : Co unci] M=rrtler Will iarrs . The Mayor d eclared the IJOtion defeated . COUNCII.Jv!AN SMITH I'DVED 'IHE OOUNCIL DIRECT 'll1E CITY STAFF 'IO RENEXlO- TIA'IE 'll1E ANIMAL SHEL'IER OONTRA CIS WI'IH EM"JUGH M)NEY IN 'IHE OONI'RACIS 'IO ~'lAKE IT ECONOMICALLY FEASffiiE FOR 'IHE CITY OF ENGLEWOOD . Counc ilman Clayto n seconded the motion . Upon the call of the roll , the vote resulted as follows : Ayes : Council ~'E r.b ers Smith , Harper, Clayton , M:mn , Webe r , Taylor. Nays : Non e . Absent : Council M=rrtler Williarrs . • • I • • • ( • • • December 18, 1978 PageS COUNCilMAN CLAY'ION mVED 'l}!AT 'lHE CDUNCIL EXTEND ALL EXIST! G OONI'RACI'S AT THE ANIMAL SHEL'IER UNTIL JANUARY 16 , 1979 . O:luncil.rnan Mann seconded the rrotion . Upo n the call of the roll , the vo e sulted as follows : Ayes : Council Merrbers Clayton , ~·ann . Nays : Council !'~embers Smith , Harper , Weber , Taylor Absent: Council Merrber Williams . COUNCilMAN SMI'IH JI'DVED 'IO AMEND 'IHE BILL WI'IH AN APRIL 1 , 1979 , EXPIRATION DATE . Councilman Weber seconded the l!Dtion . Upon the call of the roll , the vote resulted as follows : Ayes: Council !'lerrbers Smith , Harper, Mann , \-Ieber . Taylor . Nays : Council Member Clayton . Absent : Council Merrber Williams . 'Ihe Mayor declared the rrotion carried . COUNCILMAN SriT 'IH JI'DVED 'IO RECONSIDER 'IHE BIIL fJS AMENIED . Council- man Weber seconded the rrotion . 14Jon the call o f the roll , the vote resulted as follows : Ayes : Council Merrbers Smith , Harper, Clayton , Mann , Weber , Taylor. Nays : None . Absent : Council !'~ember Williams . '!he Mayor declared the l!Dtion carried . * * * * * * I NIIDDUCED AS A BIIL BY CDUNCII.MAN A BIIL FDR AN ORDINANCE AMENDING SEX:TION 4 , CHAPI'ER ll, OF TITLE XI , OF 'IHE 1 69 ENGlEWOOD MUNICIPAL CODE , IMPOSING A MINIMUM FEE FDR 'IHE ALOPTION OF ANIMALS FOR 'IHE CITY ANTIW. SHELTER AND REQUIRING 'IHE MANDA'IORY NEU'JERING AND CURRENI' RABIES VACCINATION ON ALL SUCH ANIMALS AIXlPTED FROM SAID SHELTE R. • I • • , , • ( • • • December 18 , 1978 Page 9 OOUNCII.MAN ~~ MJVED 'lD P '!PO JE 'IHE BILL UNTIL FIRST M::EI'ING IN f'IARCH OP 1979 AND REF'ER 'IHE BILL 'IO 'lHE ANIMAL 00:-T.l'ROL MMITIEE . Councilman Weber seconded the rrotion . L\Jon the call of the ll , the vote resulted as follows : Ayes : CouncE M=rrb ers .mith , H er , Clayton , Mann , Weber, Taylor . Nays : None . Absent : Council M=rrber Williarrs . The Mayor dec lared the rrotion carried . * * * * * * RESOLUT10N NO . 66 , SERIES OF 1978 A RESOLUT10N INDICATING 'IHE SUPPORI' OF TI-lE CITY OF ENGLEWOOD , OOu:JRADO , FDR THE RETENI'ION OF LDIIRY AIR FDRCE BAS E IN TI-lE OOMMUNITY . OOUNCII1'1AN WEBER MJVED FDR PASS AGE OF RESOLUTION NO . 66 , ERIES OF 1978 . Councilman Mann seconded the rrotion . Upon the call o f the roll , the vote resulted as f ollows : Ayes: Council M=mbers Smith , Harper , Clayton , Mann , Weber, Taylo r . Nays : None . Absent: Council Mer.tJer Williarrs . The Mayor declared the rrotion carried . ****** RESOLUT10N NO . 67 , SERIES OF 1978 . II RESOLUT10N ESTABLISH ING ANNUAL SALARIES FDR TI-lE CITY MANAGER , CITI' AT'IORNEY AIID MUNICIPAL CO\JR'I' JUIDE AIW ASSOCIATE JlJJX]ES FDR T-IE CALEl'ID AR YEAR 1979 . COUNCILMAN WEBER MOVED FDR PASSAGE OF RESOLUTION NO . 67 , ERI OF 1978 , AND TO INSERI' THE FOLLO'tliNG SALARIES IN 'lliE RESOLUT10N : CITY MANAGER - $35 , 845 ; CITY IIT'IOFM:Y -$33 ,384 ; 1\1\.JNICIPAL 00\.JRl' JuroE -$29 ,425 ; OCIA'IE J E _ $250 PER DAY . Counc1lr.Jan Harper seconded the rrotion . U on the call o f the roll , the vote resul ed as follows : Ay es : Co cl~mbe th , Harper, Clayton , "'1ann , Weber , Taylor . Nays: None . ABSENT : Council /1 rnber Williarrs • • I • • • • • December 18 , 1978 Page 10 ity Attorney Berardini requested that h e Council authori ze a trip to San Diego , California, to attend a course off ered in conjuncti on with he Universi y of Maryland relating to labor relati oro in the public s ector . COlY.'JCILMAN WEBER I'DVED 'IO APPROVE 'lliE OUT F-8TATE TRIP FO R 'IHE CI'IY ATIORNEY . Co un cilman Smith s econded the rrot ion . Upon the call of the roll , the vote resulted as follows : Ay es : Co uncil Merrbers Smith , Harper, Clay t on , Mann , Weber , Taylor . Nays : None . Absent : Council Member Williarrs . Th e May o r declared the rro t i on carried . * ***** RESOLUTIO!J NO. 68 , SERIES OF 1978 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR 'lliE ENGL&ICXlD MUNICIPAL GOLF COUR'>E . OOUNCILMAN I-lEBER JVDVED FOR PASSAGE OF RESOLUTION N:l . 68 , SERIES OF 1978 'ID BE EFFECTIVE JANUARY 1 , 1979 . Councilman Smith seconded the rroti on . Upon the call o f the roll the vote resulte d as follows : Ayes : Council ~~mbers Smith , Harpe r, Clayton, Mann , \oJeber , Taylor. Nays : None . Absent : Council ~mber Williarrs . 'Ihe Mayor declared the rrotion carried . ****** RESOLUTION NO. 69 , SERIES OF 1978 A RESOLUTIOt ANENDII'KJ 'IHE 1978 GENERAL , PUBLIC IMPROVEMENI', SEWER AND GOLF OOUR'>E FUNDS BUDGETS • OOUNCIUI!J\N HARPER r1JVED FOR PAS AGE OF ~SOLUTION NO . 69 , SERIES OF 1978 . Councilman Mann s econded the rrotion . Upon the call of the roll , the vote resulted as follows : Ayes : Comcil Me mb e rs Smith , Harper , Clayton , Mann , We ber, Taylor . Nays : None . Absent : Comcil ~mber Williarrs . • • I • - • • • • cerrber 18, 1978 (-Page 11 • The Mayor declared the motion carried . ****** City Manager McCown stated the City 's Community Development Depart- ment is applying for funds under the Department of Housing and Urban Develop- ment (HUD). 'Th e City is applying for a grant of $150 ,000 for housing rehabili- tati o n . Th e grant requires a public hearing as well as Council approval . OOUNCILMAN HARPER MOVED FDR 'll-lE STAFF 'ID APPLY FDR 'lliE GRANT AND TO HOLD A PUBLIC HEARING ON JANUARY 8 , 1979 AT 7 :30 P .M. Councilman Mann seconded the mtion . Upon the call of the roll , the vote resulted as follows : Ayes : Cotncil !\'embers Smith , Harper , Clayton , Mann , Weber , 'Taylor. Nays : None . Abs e nt : Council JVemb er William:;. The Mayor declared the mtion carried . * * * * * * City Manager McCown stated the Council had directed the staff o instruct RI'D to wi thdraYr the City 's grant application and to review al e mate site proposals with the intent of resubmitting our application at a later date . COUNCTLMAN MANN MOVED 'lliAT 00 CIL OONCUR IN 'lliE REMJVAL OF OUR CURRE NT GRAN!' APPLICATION FDR A TRAN IT CEmER AND REQUEST 'IHAT Rl'D TUDY FUR'IHER AL'IERNATIVE SITE LOCATIONS INCLUDING BUT NOT W'll'IED 'ID 'lliE EAST II:E OF THE 3400 BLOCK OF SO\JTI-1 BANNOCK STREET . ALSO , 'll!AT OOUNCIL REINSTA'IE OUR J:ESI RE TO HA'JE A TRANSIT CENTER LOCA'IED HI'IHIN OUR OOMMUNI'IY AND OUR OONCURRENCE IS GIVEN ONLY 'IO PRJVIDE TIME FDR STUDY OF ALTEaJATIVE SI'IE LOCATIONS . Council- man Heber seconded the motion . Upon the call of the roll , the vote resulted as follows : Ay es : Cotncil Members Harper , Clayton , Mann , Weber, Taylo r . Nays : Council JVember Smith . Abs en Council !\'Ember \~illiam:;. The Mayor declared the motion carried . ****** Mayor Taylor informed the Council that he was reappointing Reverend Stan Fixter to the Housing Au thority • • I • • - • • I • • • • December 18 , 1978 Page 1 2 O:JL:nci1man M:l!1n stated that he and the Mayor rret with the Cbwn town De veloprrent Authority and reported a good session with progress being made tCMard establishing goals and operating procedures . Counc11man Weber !TDved to adjourn . The Mayor declared the rreeting be adjourned at 10 :55 P .M • I • • - (t (t • SPECIAL MEETING : • • • COUNCIL CHAMBE RS CITY OF ENGLEWOOD , COLORA DO Dec mb r 5 , 1978 Th e City Counc il o f t h e Ci ty of Englewood, Arapahoe County , Colo r ado, met i n regular session on December 5 , 1978 at 7 :30 p.m. The invocation was given by Mr. Joe H. Booth , Sr., Church of Christ, 4690 South Logan. The Pledge of Allegiance was led by Mayor Taylor. 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 Members Weber, Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Police Captain Ron Frazier Director of Finance/City Clerk James * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 20 , 1978. Councilman Harper seconded the motion. Upon a cal l o f the rol l, the v ot e resulted as follows : Ayes : Nays: Absent: Council Members Smith , Harper, Cl ayton , Williams , Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • • Decemb er 5, 1978 Pag e 2 • • .. RESOLUTION NO . 62 , SERIES OF 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWLEDG- ING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD MUNICIPAL GOLF COURSE TO PAUL T. BLESSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. Pr e -schedul ed visitor Paul T. Blessing was present to receive the awa rd presented to him by Mayor Taylor. Mr. Blessing thanked the Council for the award. * * * * * * Pre-scheduled visitor John F. Hannon, 5735 S. Delaware, was present and discussed the annual renewal of a retail liquor store license for his business, Supreme Liquors, 5113 South Broadw a y ; and the alleged liquor violation as reported by the Police Departmen t . Captain Ron Frazier of the Englewood Police Department was also present to discus s the ma tter. Mr. Hannon stated the citation is the second violation in 23 years and the incident occurred when the store happened to be very busy at the time. Mr. Hannon stated they have appeared in District Court and the judge has dismissed the charges. Captain Frazier stated th e judge did dismiss the case against the employee and Supreme Liquors after a three month defer- ment . COUNCILMAN HARPER MOVED TO GRANT THE ANNUAL RENEWAL OF SUPREME LIQU ORS, 5112 SOUTH BROADWAY. Councilman Williams seconded the motion. Councilman Smith stated Council is concerned about such violations where liquor is sold to minors; and it is important that these types of viola tions be clarified and explained to Counc il even though they happen infrequently • I • c• (t (t • December 5, 1978 Page 3 • • • Upon a call of the roll, the vote resulted as f o llows : Ayes : Nays : Absent: Council Members Smith , Harper, Clayton, Williams , Taylor. None. Council Members Weber , Mann. The Mayor declared the motion carried. * * * * * * "Cormnunications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of Board of Career Service Commis- sioners' meeting of October 19, 1978. Minutes of Library Board meeting of November 14, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment with the following attachment: (1) Wastewater Treatment Plant Monthly Report October, 1978. A report from William D. James, Director of Finance concerning the M.F.O.A. Conference held in Houston , Texas on May 15 -18. * * * * * * City Manager McCown presented a request for an annual renewal of tavern liquor license f or Be lleview Bowl-0-Mat Lounge, 4900 South Federal. City Manager McCown stated Captain Ron Fra z ier was presen t to answer any que stions co ncern i ng the liquor license renewal. Captain Ro n Frazier appeared be f ore Council and since Council did not have any questions concern i ng the abovementioned liquor license , Council gave Captain Frazier permission to give an update report on the investigation into the violation at the Seven-Eleven, 1211 E. Hampden Avenue. Captain Frazier briefly discussed the background of the i ncident. He stat ed the officers did not respond to the incident in accordance with the Police Department 's policy ; and this policy is being reiterated to all officers. Captain Frazier stated in reviewing the matter, he contacted Deputy District Attorney Bill Moody who stated because I • ] • \ December 5 , 1978 Pa ge 4 • • • of th e t ime l apse, the dir e c t t e st im ony of t h e youths who pur- c h as e d t h e be e r and identi f ied th e c l erk as having been the one wh o s old them t h e b ee r wo uld b e q ue stionab le ; and t he testimo ny wou l d be challenged by any d ef ense. I t was the opinion of the d i strict attorney's staff that no pros e cution would be accepted in this cas e . Captain Frazier stated a report has been prepared regarding the investigation and copies will be furnished to Council in the near future. COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RENEWAL OF A TAVERN LIQUOR LICENSE FOR BELLEVIEW BOWL-0-MAT LOUNGE, 4900 SOUTH FEDERAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Retirement Board requesting changes to Chapter 9, Section 38, Title V, of the Englewood Municipal Code. City Manager McCown stat e d the mem orandum addresses changes in the board membership and procedural review of disability retirements. City Manager McCown stated there is another section which the staff would like to see changed, i.e. the section which defines a full time employee eligi-ble for pension benefits. COUNCILMAN HARPER MOVED THAT THE CITY ATTORNEY BE DI- RECTED TO PREPARE AN ORDINANCE INCORPORATING THE CHANGES DIS- CUSSED IN THE MEMORANDUM FROM THE EMPLOYEES' RETIREMENT BOARD AND THE CHANGE RECOMMENDED BY THE STAFF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • - • • • • • • December 5, 1978 Page 5 • • • City Manager McCown presented a status report from the Englewood Housing Authority concerning furnishings for the Simon Center and funding raising. City Manager McCown stated of the $35,000 which Council loaned to the Simon Center for furnishings only $13,323.83 has been raised for purposes of reimbursement to the City. The Committee in charge of the fund raising doubts whether any more money can be raised and requests Council to fo r-give the remaining portion of the debt. COUNCILMAN SMITH MOVED TO RELIEVE THE ENGLEWOOD HOUSING AUTHORITY OF THE OBLIGATION TO REPAY THE REMAINING BALANCE OF A $35,000 LOAN MADE TO THE ENGLEWOOD HOUSING AUTHORITY TO PURCHASE FURNISHINGS FOR THE SIMON CENTER. Councilman Harper seconded th e motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried • * * * * * * City Attorney Berardini presented an ordinance that would implement the latest negotiations between the Englewood Employees Association and the City. City Attorney Berardini reported that he has not received information relating to the adoption of the ordinance and recommended that the Council postpone the matter until a later date. COUNCILMAN SMITH MOVED TO POSPONE THE ORDINANCE UNTIL JANUARY 2, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote re sulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * I • • • December 5, 1978 Page 6 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 41, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 41, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 42, SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY l, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 42, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • December 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 43, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 43, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN/WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. At Councilman Williams's request, the Clerk read the f o l - lowing section of the bill for an ordinance which lists the pro- posed salaries : "Section 1. ----- That Section 41, Chapter 4, Title I of Article IV entitled 'Council Salaries' is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Council- men are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen • $500 $450 $400" I • • • • • December 5, 1978 Page 8 COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READIN G. Councilman Clayton seconded the motion. Councilman Harper spoke against the bill stating he felt there is no way a c o unc ilman could be paid properly for hi s e xpenses a nd am ount o f time devoted to this job. He stated there needs to be a better way to attract more qualified people to run for Council; and he did not think increasing the salaries would do it unless the salary was extreme l y high. Councilman Harper suggested the salaries be increased only by $100 or in- creased a great deal higher and put the issue before the citizens in a referundum. Councilman Smith stat e d he supported the bill because even though the increase wil l not fully compensate each member for his time, it definitely will help offset those expenses each member incurs. Councilman Clayton spoke in favor of the bill. He stated there were other methods Council could use; however, the increase in salary was one direct and effective method of compensating each i) member for his time and effort in serving the City. Mayor Taylor stated the proposed incre ases are really not enough for the work and time spent serving as a council mem- ber; howe ver, he felt the future Council should have more money. Mayor Taylor stated none of the members of the present Council will be eligi ble for the increase unless they run for office again and are re-elected. Mayor Taylor stated he would like to see the proposal placed on the November ballot because he felt this would entice more people to run for City Council. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abs en t : Council Members Smith, Clayton , Williams. Council Members Harper, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 63, SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. OF 1978. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 63 , SERIES Councilman Harper seconded th e motion. • I • • - • • • • Dec ember 5, 1978 Page 9 • • - Councilman Smith discussed the resolution with Direc tor of Community Development Wanush. Upon a call of the roll, the v ot e result ed as fol low s: Ayes : Nays : Absent : Council Members Smith , Harper, Clayton, Williams , Tayl or. None . Co uncil Members Web e r , Mann . Th e Mayor declared the motion carri ed . * * * * * * RESOLUTION NO. 64, SER IES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared th e motion carried. * * * * * * RESOLUTION NO. 65, SERIES OF 1978 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ESCROW ACCOUNT IN CONNECTION WITH THE PAYMENT AND REDEMPTION OF GENERAL OBLIGA- TION HOUSING REFUNDING BONDS, DATED AUGUST 1, 1976, OF THE CITY OF ENGLEWOOD , COLORADO, AND PROVIDING CERTAIN DETAILS IN CONNEC- TION THEREWITH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 65 , SERIES OF 1978. Counc ilman Harper seconded the motion. Upon a call of the roll, th e vote res ulted a s follows: I • • - • • December 5, 1978 Page 10 Ayes : Nays : Absent : • • • Council Members Smith, Harp er, Clayton, Williams, Taylor. None. Council Members Weber, Man n. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum relating to the animal control agreements. City Manager McCown reviewed the details of the contracts. COUNCILMAN SMITH MOVED THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE MEMORANDUM FROM THE CITY MANAGER DATED NOVEMBER 30, 1978 REGARDING THE ENACTMENT OF THE ANIMAL SHELTER AGREEMENTS AND INSTITUTING NEW CHARGES TO OTHER EN- TITIES. Councilman Harper seconded the motion. Councilman Smith expressed concern over the $40 fee for adoption of dogs. Councilman Smith stated someone should be in charge of monitoring the adoptions and insuring that the new owner has the dog neutered by a veterinarian within a certain number of days following the adoption. Councilman Smith stated it is important that all adopted dogs be neutered in order to control the dog population. Councilman Smith requested some provision in regard to his comments be included in the agreement. Councilman Clayton stated the agreement needs a clause requiring rabies vaccinations for every animal that is adopted. Mayor Taylor spoke against the concept of Englewood maintaining the animal shelter for surrounding entities in addi- tion to maintaining it for the City of Englewood. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays: Absent: Council Members Smith , Harper, Clayton. Council Members Williams, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE EXISTING E.M.C. DOG ORDINANCE IN RELATIONSHIP TO ADOPTIONS CHANGING THE FEE TO $40 INCLUDING I • - • December 5, 19 78 Page 11 • • • MANDATORY NEUTERING AND MANDATORY RABIES VACCINAT ION WITH THE CITY OF ENGLEWOOD . Councilman Harper seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor . None . Council Membe rs Weber, Mann . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum relative to propo s ed procedur e for sidewalk repairs and a memorandum from Gary R. Diede, Dir ector of Engi neering Services, concerning sidewalk repairs at 3149 South Broadway . COUNC ILMAN CLAYTON MOVED TO POSTPONE CONSIDERATION OF TH IS MATTE R UNTIL THE STU DY SESSION ON DECEMBER 11, 19 78. Council- man Harp er seconded the motion. Councilman Clayton withdrew his motion and requested the City Manager to further explain the memorandum s relative to con- crete repairs. Councilman Harper withdrew his second to the motion . City Manager McCown discussed the p resent procedure the City follows for repair ing s idewalks. City Ma nager McCown stated City crews have n ever gone out and repaired the sidewalks if the property own er did not have them repaired because there has never been enough mone y budgeted for such an expens e . Us ually, the side - walk repairs have been delayed until they could b p aced in com - b ination with a paving distr ict . City Manager McCown stated the insuranc e company has become concerned about the liab ili y t ha exists when the sidewalks are i n poor condition and not re pai red . As a resul t, the insurance company has requested the Ci y to set up a po licy to get the sidewalks repaired soona f ter the Cit y is notified th a t a sidewalk nee ds to be repaired. City Manager McCown discussed the possible r epercuss ions of establish ing he policy suggested by the insurance company. He stated it is the opinion of the City Attorney's office that such a policy practically denies the citizen the right to be heard in public hearing proceedings us ua lly held on sidewalk and paving districts, i.e. Council authorizes the repair work to be done and the cost to be ass ssed o the property owner without giving the prope rty owner the right to be heard at a public hearing . • I • • December 5 , 1978 Page 12 • • • City Mana g er McCo wn stated the Director o f Engineering Services, the City Attorney and hims elf suggest the following re- commendations a s pr oc edure for repair of sidewalks : 1 . Whe n st a ff f inds there a r e repairs that need to be mad e i n a num b er sufficient enough to prove it worthwhi l e to do the work, staff will compile a li st and submit it to Council for review . 2 . Dp on re c e i pt of t he list, Co uncil may direct staff to send a notic e to the respective property owners notifying them Council has r e ceived a report indi- ca t i ng t h ei r sidewalk is in faultly repair and needs t o be f ixed ; and if the property owner wishes to be h ea r d before Co un cil concerning the repairs they can appear before Council at the next Council meeting at which time a determination of whether or not their s i dew alk n eeds to b e fixed will be made by Council. City Manager McCown stated if Council concurs with the above policy , funds will have to be budgeted. Coun cil discuss e d at length the underlying causes that deterioriate sidewa lks and with whom the obligation for payment of repair costs lies. COUNCILMAN SMITH MOVED TO CONCUR WITH THE PROCEDURES OUTLINED IN CITY MANAGER MCCOWN'S MEMO OF NOVEMBER 28, 1978 CON- CERNING SIDEWALK REPAIRS ; THAT A MINIMUM OF $20,000 BE PLACED IN NEXT YEAR'S BUDG ET FOR THE LIST OF REPAIRS AND A LIKE AMOUNT BE SET ASIDE FOR THE SECOND HALF OF 1979; AND THAT A REMINDER NOTICE BE SENT TO EACH PROPERTY OWNER ON THE LIST. Councilman Clayton seconded the mo tion. Councilman Harper stated he p referred any citizen protest c o n cerning sidewalk repairs t o be held in a public hearing forum rather th an a Council meeting; and queried how the City can legally as s ess the property own er fo r cost of repairs. City Manager McCo wn and City Attorney Berardini explained how payment is handled for different types of districts and from different types of pro perty owners . Coun ci lman Smith stated he felt the f ormality of public he a r i ng was not r equired as along as the citizens are heard and have a chanc e to p r e sent their case. Coun c i l man Harper stated his concern was that each pro-perty owner i nv olved is heard. • ) I • - • • Decemb er 5, 1978 Pag e l3 •' • • • Councilman Smith suggested a date i n Januar y be set for these property owners to appear before Council and pr esent the i r cases. Upon a call of the roll, the vote on Co uncilman Smith's motion r esulted as follows : Ayes : Nays : Absent : Council Members Sm it h, Harper , Clay ton, Williams, Taylor. None. Council Members Weber, Mann . The Mayor declared the motion carried. City Manager McCown request ed Council's authorization to send a sidewa lk repair notic o a prop r ty ow ner at 3149 South Broadw ay. CO UNCILMAN SM1TH MOVE SEND A SIDEWA LK REPAIR NOTICE ~) BROADWA Y. Counc ilman Harp ~ the rol l, the vo r e u'~e Ayes : Nays : 0 Absent : Cou The May or HE CITY MANAGER TO OWN ER AT 3149 SOUTH ~otion . Upon a call of lth, Harper , Clayt on, Web r Mann . l'!lO ion ca rr ied . * * * * * * City Manager McC o w p r esented a n agreement concerning concession at the Englewood Muni c ip al Golf Course . City Manage r McCown stat ed the ownersh ip of th concession has been changed f rom Mr. and Mrs. Saunders to only Mrs. Saunders so she can apply for a 3.2 beer license with the Clty of Sheridan . COUNC ILMAN HARPER MOVED TO APPROVE THE AGREEME NT BETWEEN THE FOOD AND BEV ERAGE CONCES SION FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE AND THE CITY OF ENGLEWOO D FOR THE CALENDAR YE AR 1 979. Coun - cilman Sm ith seconded th e motio . Up on a call of the roll, the vote re su l te d as f ol lows : Ayes : Counci l Membe r s Smith , Harper, Wi l liams, Taylor. • I • • - • • Decemb e r 5 , 19 78 Pag e 14 Nay s: Ab sent : • • • Co unc i l Member Clayton . Co un c i l Membe r s Weber, Mann. The Mayo r d e c l are d t he motion carried. * * * * * * CO UNCI LMAN WI LLIAMS MOVED TO ADJOURN THE SPECIAL MEET- ING. Counc ilma n Smi th s e co n ded the moti on. Upon a call of the roll, the vot e r e su lted as f ollow s : Ay es : Na ys : Abs e n t : Counc il Members Smith, Harper, Clayton, Williams , Taylor. None . Council Members Weber, Mann. The Ma y or d eclared the motion carried and adjourned the special meeting at 9 :35 p.m. ))/'~;,......~ Dl rec toro nance/ ex-o:-,f""f~i'c:-:i;-o- City Clerk-reasurer • I • • ' • • SPECIAL MEETING : • • • COUNC I L CHAMBERS CIT Y OF ENG LEWOOD , CO LORA DO De cember 5, 1978 The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session on De cember 5 , 1978 at 7 :30 p.m. The invocation was given by Mr. Joe H. Booth , Sr., Church of Christ, 4690 South Logan. The Pledge o f Alleg i ance was led by Mayor Taylor. 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 Members Weber, Mann. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Police Captain Ron Frazier Director of Finance/City Clerk James * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNC I L MEETING OF NOVEMBE R 20 , 1978. Councilman Harper seconded th e motion. Upo n a ca l l o f the r o ll, the vot e r esult ed as f o l lows : Ayes : Council Members Smith, Harper, Clayton , Williams , Taylor. Nays : None, Absent : Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • December 5 , 1978 Pag e 2 • • • RESOLUTION NO. 6 2, SERIES OF 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWL EDG- ING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD MUNICIPAL GOLF COURSE TO PAUL T. BLESSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber , Mann. The May or declared the motion carried. Pre-scheduled visitor Paul T. Blessing was present to receive the award presented to him by Mayor Taylor. Mr. Blessing thanked the Council for the award. * * * * * * Pre-scheduled visitor John F. Hannon , 5735 S. Delaware, was present and discussed the annual renewal of a retail liquor store license for his business, Supreme Liquors, 5113 South Broadway; and the alleged liquor violation as reported by the Police Department. Captain Ron Frazier of the Englewood Police Department was also present to discuss t he matter. Mr. Hannon stated the citation is the second violation in 23 years and the incident occurred when the store happened to be very busy at the time. Mr. Hannon stated they have appeared in District Court and the judge has dismissed the charges. Capta i n Fra z i e r stated th e j udge d i d dismiss the case against the employee and Supreme Liquors after a three month defer-ment. COUNCILMAN HARPER MOVED TO GRANT THE ANNUAL RENEWAL OF SUPREME LIQUORS, 5112 SOUTH BROADWAY. Councilman Williams seconded the motion. Councilma n Smith stated Council is concerned about such violations where liquor is sold to minors; and it is important that these types of violations be clarified and explained to Council even though they happen infrequently • • I • • • • • December 5, 1978 Page 3 • • - Upon a call of the roll, the vote resulted as f o llows: Ayes: Nays : Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * "Conmrunications -No Action Recommended" on the agenda were received : (a) (b) (c) (d) Minutes of Board of Career Service Commis- sioners' meeting of October 19, 1978. Minutes of Library Board meeting of November 14, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment with the following attachment: (l) Wastewater Treatment Plant Monthly Report October, 1978. A report from William D. James, Director of Finance concerning the M.F.O.A. Conference held in Houston, Texas on May 15 -18. * * * * * * City Manager McCown presented a request for an annual renewal of tavern liquor license f or Be lleview Bo wl-0 -Mat Lounge, 4900 South Federal. City Manager McCown stated Captain Ron Frazi er was present to answer any questions concern i ng th e l iquor lic ense renewa l. Captain Ron Frazier appeared before Counc il and since Counci l did not have any questions concern i ng the abovementioned liquor license, Council gave Captain Frazier permission to give an update report on the investigation into the violation at the Seven-Eleven , 1211 E. Hampden Avenue. Captain Frazier briefly discussed the background of the incident. He stated the officers did not respond to the incident in accordance with the Police Department's policy ; and this policy is being reiterated to all officers. Captain Frazier stated in reviewing the matter, he contacted Deputy District Attorney Bill Moody who stated because • I • • December 5, 1978 Page 4 • • • of the time lapse, the direct testimony of the youths who pur- chased the beer and identified the clerk as having been the one who sold them the beer would be questionable ; and the testimony would be challenged by any defense. It was the opinion of the district attorney's staff that no prosecution would be accepted in this case. Captain Frazier stated a report has been prepared regarding the investigation and copies will be furnished to Council in the near future. COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RENEWAL OF A TAVERN LIQUOR LICENSE FOR BELLEVIEW BOWL-0-MAT LOUNGE, 4900 SOUTH FEDERAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Retirement Board requesting changes to Chapter 9, Section 38, Title V, of the Englewood Municipal Code. City Manager McCown stated the memorandum addresses changes in the board membership and procedural review of disability retirements. City Manager McCown stated there is another section which the staff would like to see changed, i.e. the section which defines a full time employee eligi-ble for pension benefits. COUNCILMAN HARPER MOVED THAT THE CITY ATTORNEY BE DI- RECTED TO PREPARE AN ORDINANCE INCORPORATING THE CHANGES DIS- CUSSED IN THE MEMORANDUM FROM THE EMPLOYEES' RETIREMENT BOARD AND THE CHANGE RECOMMENDED BY THE STAFF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • • • • December 5, 1978 Page 5 • • • City Manager McCown presented a status report from the Englewood Housing Authority concerning furnishings for the Simon Center and funding raising. City Manager McCown stated of the $35,000 which Council loaned to the Simon Center for furnishings only $13 ,323.83 has been raised for purposes of reimbursement to the City. The Committee in charge of the fund raising doubts whether any more money can be raised and requests Council to for -give the remaining portion of the debt. COUNCILMAN SMITH MOVED TO RELIEVE THE ENGLEWOOD HOUSING AUTHORITY OF THE OBLIGATION TO REPAY THE REMAINING BALANCE OF A $35,000 LOAN MADE TO THE ENGLEWOOD HOUSING AUTHORITY TO PURCHASE FURNISHINGS FOR THE SIMON CENTER. Councilman Harper seconded th e motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried, * * * * * * City Attorney Berardini presented an ordinance that would implement the latest negotiations between the Englewood Employees Association and the City. City Attorney Berardini reported that he has not received information relating to the adoption of the ordinance and recommended that the Counci l postpone the matter until a later date. COUNCILMAN SMITH MOVED TO POSPON E THE ORDINANCE UNTIL JANUARY 2, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the yote resulted as follows: Ayes : Nays: Absent : Council Members Sm ith, Harper, Clayton , Will i ams , Taylor . None. Council Members Weber , Mann. The Mayor declared the motion carried. * * * * * * • I • • December 5, 1978 Page 6 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 41, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 41, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 42, SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FI SCAL YEAR BEGINNING JANUARY l, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 42, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • - • • • • • • December 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 43, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 43, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the moti on . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN/WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7 :30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. At Councilman Williams's request, the Clerk read the fol- lowing section of the bill for an ordinance which lists the pro -posed salaries: That Section 41, Chapter 4, Title I of Article IV entitled 'Council Salaries' is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Council- men are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen • $500 $450 $400 " I • • - • • December 5, 1978 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Clayton seconded the motion. Councilman Harper spoke against the bill stating he felt there is no way a counc i lman could be paid properly for his expenses and amount of time devoted to this job. He stated there needs to be a better way to attract more qualified people to run for Council; and he did not think increasing the salaries would do it unless the salary was extremely high. Councilman Harper suggested the salaries be increased only by $100 or in- creased a great deal higher and put the issue before the citizens in a referundum. Councilman Smith stated he supported the bill because even though the increase will not fully compensate each member for his time, it definitely will help offset those expenses each member incurs. Councilman Clayton spoke in favor of the bill. He stated there were other methods Council could use; however, the increase in salary was one direct and effective method of compensating each member for his time and effort in serving the City. Mayor Taylor stated the proposed increases are really not enough for the work and time spent serving as a council mem- ber; however, he felt the future Council should have more money. Mayor Taylor stated none of the members of the present Council will be eligible for the increase unless they run for office again and are re-elected. Mayor Taylor stated he would like to see the proposal placed on the November ballot because he felt this would entice more people to run for City Council. Upon a call of the roll, the vote resulted as follows: Ay es: Nays : Absent : Council Members Smith, Clayton, Williams. Council Members Harper, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried, * * * * * * RESOLUTION NO. 63, SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 63, SERIES OF 1978. Councilman Harper seconded the motion • • I • • • • • December 5, 1978 Page 9 • • • Councilman Smith discussed the resolution with Director of Community Development Wanush. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 64, SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO • COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 65 , SERIES OF 1978 A RESOLUTION AUTHORI ZIN G THE ESTABLISHMENT OF AN ESCROW ACCOUNT IN CONNECTION WITH THE PAYMENT AND REDEMPTION OF GENERAL OBLIGA- TION HOUSING REFUNDING BONDS, DATED AUGUST 1, 1976, OF THE CITY OF ENGLEWOOD, COLORADO, AND PROVIDING CERTAIN DETAILS IN CONNEC-TION THEREWITH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 65, SERIES OF 1978. Counc ilman Harper seconded the motion. Upon a call of the roll, the vote resulted as foll ows : I • • Decemb er 5, 1978 Page 10 Ay e s : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams , Taylor. None. Council Members Weber , Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum relating to the an im al control agreements. City Manager McCown reviewed the details of the contracts. COUNCILMAN SMITH MOVED THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE MEMORANDUM FROM THE CITY MANAGER DATED NOVEMBER 30 , 1978 REGARDING THE ENACTMENT OF THE ANIMAL SHELTER AGREEMENTS AND INSTITUTING NEW CHARGES TO OTHER EN- TITIES. Councilman Harper seconded the motion. Councilman Smith expressed concern over the $40 fee for adoption of dogs. Councilman Smith stated someone should be in charge of monitoring the adoptions and insuring that the new owner has the dog neutered by a veterinarian within a certain number of days following the adoption. Councilman Smith stated it is important that all adopted dogs be neutered in order to control the dog population. Councilman Smith requested some provision in regard to his comments be included in the agreement. Councilman Clayton stated the agreement needs a clause requiring rabies vaccinations for every animal that is adopted. Mayor Taylor spoke against the concept of Englewood maintaining the animal shelter for surrounding entities in addi- tion to maintaining it for the City of Englewood. Upon a call of th e ro ll, the vote on Councilman Smith's motion r esulted as follows: Ayes: Nays : Absent: Counci l Members Smith, Harper, Clayton. Council Members Williams, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE EXISTING E.M.C. DOG ORDINANCE IN RELATIONSHIP TO ADOPTIONS CHANGING THE FEE TO $40 INCLUDING • I • • ...... • I • • December 5, 1978 Page ll • • .. MANDATORY NEUTERING AND MANDATORY RABIES VACCIN ATION WITH THE CITY OF ENGLEWOOD . Councilman Harper seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor . None . Council Members Weber , Mann. Th e Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum relative to proposed procedur e for sidewa lk repairs and a memorandum f rom Gary R. Diede, Di r ector of Engineering Services , concerning sidewalk repairs at 3149 South Broadway . COUNCILMAN CLAYTON MOVED TO POSTP ONE CONSIDERAT ION OF THIS MATTER UNTIL THE STUDY SESSION ON DECEMBER 11, 1 978. Council-man Harper seconded t h e motion . Councilman Clayton withdrew his motion and requested the City Mana ger to further explain the memorandums rel a tive to con - crete repairs. Councilman Har p er withdrew his second to the mot ion . City Manager McCown discussed the present p rocedure the City follows for repairing sidewalks . City Man ager McC own sta ted City crews have never gone out an d repaired the sidewa lks if the property owner did not have them repaired because there has never been enough money budgeted for such an expens e . Usually, the side- walk repairs have been delayed until they could be pla ced i n com- bination with a paving district . City Manager McCown sta ed the i nsurance company has become concerned about the liability t ha exists when the sidewalks are in poor condition and not repaired . As a resul t, the insurance company has reques ted he Ci y to set up a po licy to get the sidewalks repaired soonaf er the City is not ified that a sidewalk needs to be repaired. City Manager McCown discussed the possible repercussions o f establishing the policy suggested by the insurance company. He stated it is the opinion of the City Att orne y's office that such a po licy practically den ies the citizen th e right to be heard in public hearing proceedings usually held on sidewalk and paving district s, i.e. Council authorizes the repair work to be done a nd the c os t to be assessed to the property owner without giving the property owner the right to be heard at a public hearing • I • • - 0 • December 5, 1978 Page 12 • • • City Manager McCown stated the Director of Engineering Services, the City Attorney and himself suggest the following re- commendations as procedur e for repair of sidewalks: l . Whe n staff fi nds there are repairs that need to be made in a number sufficient enough to prove it worthwh ile to do the work , staff will comp ile a li st and submit it to Council for r evi ew . 2 . Up on re c eipt o f t he lis t , Co uncil may direct staff to send a notice to the respective property owners notifying them Co uncil has received a report indi- cating the i r sidewalk is in f aultly repair and needs to be fixed ; and if the property owner wishes to be hea rd before Council concerning the repairs they can appea r before Council at the next Council meeting at which time a determination of whether or not their sidewalk needs to be fixed will be made by Council. City Manager McCown stated if Council concurs with the above pol icy, funds will have to be budgeted. Council d is cussed at length the underlying causes that deterioriat e sidewalks and with whom the obligation for payment of r e pair costs lies. COUNCILMAN SMITH MOVED TO CONCUR WITH THE PROCEDURES OUTLINED IN CITY MANAGE R MC COWN 'S MEMO OF NOVEMBER 28, 1978 CON- CERNING SIDEWALK REPAIRS; THAT A MINIMUM OF $20,000 BE PLACED IN NEXT YEAR'S BUDGET FOR TH E LIST OF REP AIRS AND A LIKE AMOUNT BE SET ASIDE FOR THE SEC OND HALF OF 1979; AND THAT A REMINDER NOTICE BE SENT TO EACH PROPERTY OWNER ON THE LIST. Councilman Clayton seconded the motion . Councilman Harper stated he preferred any citizen protest concerning sidewalk repairs to be h eld in a public hearing forum rather than a Council meeting; and queried how the City can legally assess the property owner for cost of repairs . City Manager McCown and City Attorney Berardini explained how payment is handled for different types of districts and from different types of property owners. Councilman Smith stated he felt the formality of public hearing was not r equired as along as the citizens are heard and have a chance to p resent their case . Councilman Harper stated his concern was that each pro-perty owner involved is heard • I • • • • Decemb er 5, 1978 Page 13 • • - Councilman Smith suggested a date i n January be set for these prop erty owners to appear befor e Council and present their cases. Upon a call of the rol l, the v o te on Counc ilman Smith's motion resulted as follows : Ayes : Nays: Absen t : Counc il M mbers Smith, Harper , Cl ayton, Williams, Taylor. None. Counci l Members Weber , Mann . The Mayor dec lared th e moti on carried . City Manage r NcCown requested Council's authorization to send a sidewa lk re pa i r notic e to a prop e rty owner at 3 149 South Br oadway . CO UNCIL MAN SMITH MOVED TO AUTH OR IZE THE CITY MANAGE R TO SEND A SID EWA LK REPAIR NOTICE TO THE PROPERTY OWNER AT 3149 SOUTH BROADWAY. Counci l man Harper seconded the motion . Upon a call of the rol l, t he vote resu lted as f ollows : Ayes : Nays : Absent : Counci l Me mbe rs Smith , Har per , Cl ayton , Williams , Tayl or. None . Counc il e bers Weber, Ma nn. The Mayor declar ed the mot i on ca rr ied. * * * * * * City Manag er McCown pr esent ed an agreement concerning concession at the Englewood Mun i cipal Go lf Course . City Manager McCown stated the ow ne r ship of the conces sion has been c hanged from Mr. and Mrs. Saunders to only Mrs . Saunders so sh e can apply for a 3.2 beer li c ense with th City of Sheridan. COUNC ILMAN HAR PE R MOVED TO APPROVE THE AGREEMENT BETWEEN THE FOOD AND BEVERAGE CO NCE SSION FOR THE ENGLE WOOD MUNICIPAL GOLF COURSE AND THE CITY OF ENGLEWOO D FOR THE CAL ENDAR YEAR 1 979. Coun - cilman Sm ith seconded th e motion . Up oP a c al l of the roll, the vote resulted as fo llows: Ayes: Counc il Membe rs Smith, Ha rper, Williams, Taylor. • I • • Dec ember 5, 1978 Page 14 Na ys: Ab sen t : • • • Counc i l Mem ber Clayt on . Coun cil Me mb e r s We ber , Ma n n . The Mayor d e clared t h e motion carried. * * * * * * COUN CILMAN WI LLIAMS MOVED TO ADJOURN THE SPECIAL MEET- I NG. Co u n cilman Smith s e c onded the motion . Upon a call of the roll, t he v o te r e su l t ed as f ollow s: Ayes : Na ys : Abs en t: Council Me mb e rs Smi th , Harper, Clayton, Wil liams , Taylor . None . Co uncil Mem b er s Weber, Mann. The Ma yor de clare d the motion carried and adjourned the s pe c ial me eting at 9 :3 5 p.m . .w/.k:~~ Direc toro nance/ex-o'f""'f"'i;-c'i-o City Clerk-reasurer • I . - • • • SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO December 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 5 , 1978 at 7 :30 p.m. The invocation was given by Mr. Joe H. Booth, Sr., Church of Christ , 4690 South Logan. The Pledge of Alleg i ance was led by Mayor Taylor. 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 Members Weber, Mann. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Police Captain Ron Frazier Director of Finance/City Clerk James * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 20 , 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Smith , Harper, Clayton , Williams, Taylor. Nays : None. Absent : Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • , I • - • December 5, 1978 Page 2 • • • RESOLUTION NO. 62, SERIES OF 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWLEDG- ING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD MUNICIPAL GOLF COURSE TO PAUL T. BLESSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. Pre-scheduled visitor Paul T. Blessing was present to receive the award presented to him by Mayor Taylor. Mr. Blessing thanked the Council for the award. * * * * * * Pre-scheduled visitor John F. Hannon, 5735 S. Delaware, was present and discussed the annual renewal of a retail liquor store license for his business, Supreme Liquors, 5113 South Broadway; and the alleged liquor violation as reported by the Police Department. Captain Ron Frazier of the Englewood Police Department was also present to discuss the matter. Mr. Hannon stated the citation is the second violation in 23 years and the incident occurred when the store happened to be very busy at the time. Mr. Hannon stated they have appeared in District Court and the judge has dismissed the charges. Captain Frazier stated the judge d i d dismiss the case against the employee and Supreme Liquors after a three month defer-ment. COUNCILMAN HARPER MOVED TO GRANT THE ANNUAL RENEWAL OF SUPREME LIQUORS, 5112 SOUTH BROADWAY. Councilman Williams seconded the motion. Councilman Smith stated Council is concerned about such violations where liquor is sold to minors; and it is important that these types of violations be clarified and explained to Council even though they happen infrequently. • I • - • December 5, 1978 Page 3 • • • Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of Board of Career Service Commis- sioners' meeting of October 19, 1978. Minutes of Library Board meeting of November 14, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment with the following attachment: (1) Wastewater Treatment Plant Monthly Report October, 1978. A report from William D. James, Director of Finance concerning the M.F.O.A. Conference held in Houston, Texas on May 15 -18. * * * * * * City Manager McCown presented a request for an annual renewal of tavern liquor license for Belleview Bowl-0-Mat Lounge, 4900 South Federal. City Manager McCown stated Captain Ron Frazier was present to answer any questions concerning the liquor license renewal. Captain Ron Frazier appeared before Council and since Council did not have any questions concerning the abovementioned liquor license, Council gave Captain Frazier permission to give an update report on the investigation into the violation at the Seven-Eleven, 1211 E. Hampden Avenue. Captain Frazier briefly discussed the background of the incident. He stated the officers did not respond to the incident in accordance with the Police Department's policy ; and this policy is being reiterated to all officers . Captain Frazier stated in reviewing the matter, he contacted Deputy District Attorney Bill Moody who stated because I • - • • December 5, 1978 Page 4 • • • of the time lapse, the direct testimony of the youths who pur- chased the beer and identified the clerk as having been the one who sold them the beer would be questionable; and the testimony wo uld be challenged by any defense. It was the opinion of the district attorney's staff that no prosecution would be accepted in this case. Captain Frazier stated a report has been prepar e d regarding the investigation and copies will be furnished to Council in the near future . COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RENEWAL OF A TAVERN LIQUOR LICENSE FOR BELLEVIEW BOWL -0-MAT LOUNGE, 4900 SOUTH FEDERAL . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Smith, Harper, Clayton , Williams, Taylor . None . Co uncil Members Weber, Mann. The Mayor declared t h e motion carried. * * * * * * City Manager Mc Cown presented a recommendation from the Englewood Retirement Bo a rd requesting changes to Chapter 9, Section 3 8 , Title V, of the Englewood Municipal Code . City Manager McCown stated the memorandum addresses changes in the board membership and procedural review of dis a bility retirements. City Manager McCown stated there is ano ther section which the staff would like to see changed, i.e. the section which defines a full time employee eligi- ble for pension benefits. COUNCILMAN HARPER MOVED THAT THE CITY ATTORNEY BE DI- RECTED TO PREPARE AN ORDINANCE INCORPORATING THE CHANGES DIS- CUSSED IN THE MEMORANDUM FROM THE EMPLOYEES' RETIREMENT BOARD AND THE CHANGE RECOMMENDED BY THE STAFF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Williams, Taylor . Nays: None. Absent: Council Mem b ers We b er, Mann . The Mayor declared the motion carried . * * * * * * I • • • December 5, 1978 Page 5 • • .. City Manager McCown presented a status report from the Englewood Housing Authority concerning furnishings for the Simon Center and funding raising. City Manager McCown stated of the $35,000 which Council loaned to the Simon Center for furnishings only $13 ,323.83 has been raised for purposes of reimbursement to the City. The Committee in charge of the fund raising doubts whether any more money can be raised and requests Council to for- give the remaining portion of the debt. COUNCILMAN SMITH MOVED TO RELIEVE THE ENGLEWOOD HOUSING AUTHORITY OF THE OBLIGATION TO REPAY THE REMAINING BAl.ANCE OF A $35,000 LOAN MADE TO THE ENGLEWOOD HOUSING AUTHORITY TO PURCHASE FURNISHINGS FOR THE SIMON CENTER. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an ordinance that would implement the latest negotiations between the Englewood Employees Association and the City. City Attorney Berardini reported that he has not received information relating to the adoption of the ordinance and recommended that the Council postpone the matter until a later date. COUNCILMAN SMITH MOVED TO POSPONE THE ORDINANCE UNTIL JANUARY 2, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol l ows : Ayes : Nays : Absent : Council Members Smith, Harper , Clayton, Will i ams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • • • I • December 5, 1978 Page 6 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 41, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 41, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried ~ * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 42, SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO , IN THE FISCAL YEAR BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 42, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor • None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • - • December 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 43, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 43, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith , Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN/WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7 :30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980 . At Councilman Williams's request, the Clerk read the fol- lowing section of the bill for an ordinance which lists the pro- posed salaries: "Section l. ---- That Section 41, Chapter 4, Title I of Article IV entitled 'Council Salaries' is hereby amended to read as follows: l-4-41 Salaries of Councilmen The monthly salaries of the Council- men are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen • $500 $450 $400" 0 I • • • • .. December 5 , 1978 Page 8 COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Clayton seconded the motion. Councilman Harper spoke against the bill stating he felt there is no way a councilman could be paid properly for his expenses and amount of time devoted to this job. He stated there needs to be a better way to attract more qualified people to run for Council; and he did not think increasing the salaries would do it unless the salary was extremely high. Councilman Harper suggested the salaries be increased only by $100 or in- creased a great deal higher and put the issue before the citizens in a referundum. Councilman Smith stated he supported the bill because even though the increase will not fully compensate each member for his time, it definitely will help offset those expenses each member incurs. Councilman Clayton spoke in favor of the bill. He stated there were other methods Council could use; however, the increase in salary was one direct and effective method of compensating each member for his time and effort in serving the City. Mayor Taylor stated the proposed increases are really not enough for the work and time spent serving as a council mem- ber; however, he felt the future Council should have more money. Mayor Taylor stated none of the members of the present Council will be eligible for the increase unless they run for office again and are re-elected. Mayor Taylor stated he would like to see the proposal placed on the November ballot because he felt this would entice more people to run for City Council. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Clayton, Williams. Council Members Harper, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 63, SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. OF 1978. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 63, SERIES Councilman Harper seconded the motion. • I • I · j • December 5, 1978 Page 9 • • • Councilman Smith discussed the resolution with Director of Community Development Wanush. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 64, SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper , Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 65 , SERIES OF 1978 A RESOLUTION AUTHORIZ IN G THE ESTABLISHMENT OF AN ESCROW ACCOUNT IN CONNECTION WITH THE PAYMENT AND REDEMPTION OF GENERAL OBLIGA- TION HOUSING REFUNDING BONDS, DATED AUGUST l, 1976, OF THE CITY OF ENGLEWOOD, COLORADO, AND PROVIDING CERTAIN DETAILS IN CONNEC-TION THEREWITH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 65, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - • • December 5, 1978 Page 10 Ayes : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams , Taylor. None. Council Members Weber , Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum relating to the anima l control agreements. City Manager McCown reviewed the detai l s of the contracts. COUNCILMAN SMITH MOVED THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE MEMORANDUM FROM THE CITY MANAGER DATED NOVEMBER 30, 1978 REGARDING THE ENACTMENT OF THE ANIMAL SHELTER AGREEMENTS AND INSTITUTING NEW CHARGES TO OTHER EN- TITIES. Councilman Harper seconded the motion. Councilman Smith expressed concern over the $40 fee for adoption of dogs. Councilman Smith stated someone should be in charge of monitoring the adoptions and insuring that the new owner has the dog neutered by a veterinarian within a certain number of days following the adoption. Councilman Smith stated it is important that all adopted dogs be neutered in order to control the dog population. Councilman Smith requested some provision i n regard to his comments be included in the agreement. Councilman Clayton stated the agreement needs a clause requiring rabies vaccinations for every anima l that is adopted. Mayor Taylor spoke against the concept of Englewood maintain ing the anima l shelter for surrounding entities in addi- t i on to ma int a i ning it for the City of Englewood. Upon a call of the roll, the vote on Councilman Smith's mot i on r esulted as follows : Ay es : Nay s: Abs e n t: Counc i l Members Smith , Harper, Clayton. Council Members Williams, Taylor. Counci l Members Weber , Mann. Th e Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE EXISTING E.M.C. DOG ORDINANCE IN RELATIONSHIP TO ADOPTIONS CHANGING THE FEE TO $40 INCLUDING • I • • • December 5, 19 78 Page 11 • • - MANDATORY NEUTER I NG AND MANDATORY RABI ES VACCINATION WI TH THE CITY OF ENGLEWOOD. Councilman Harper s e cond e d the motion . Upon a call of th e roll , the vot e r e sulted as fo l lows : Aye s : Nays : Abs e n t: Counci l Members Smith , Har pe r , Clay t o n , Williams, Taylor . Non e . Co un c i l Mem b e r s We b e r , Mann. The Mayor d e c l ar e d t h e mot ion carried. * * * * * * City Manager McCown presented a memorandum r e lat ive t o proposed procedure for sidewalk repairs and a memorandum f r om Gary R. Diede, Di r ect or o f Engine e ring S e rvices, concern i ng sidewalk repair s a t 3149 South Broadway . CO UNC ILMAN CLAYTON MOVED TO POSTPONE CONSIDERATION OF THIS MATTER UNTIL THE STUDY SESSION ON DECEMBER 11, 1978. Council- man Harp e r second e d the motion • Co uncilman Clayton withdrew his motion and requested the City Man age r to f urther explain th e memorandums relative to con - crete r e pairs. Counc i lman Harper withdr e w h is second t o th e motion. City Mana ge r McCown discussed t he p res e nt p roc e du re the City follows for r e p a iring sid e walks. Ci t y Manage r McCown s ta t ed City cr e ws h ave n ever g one out an d repaired t h e s i d e walks if t he property ow ner did n ot h ave t h em r ep air e d b e c au s e t he r e h a s n ever been e nough money budgete d f or su ch an e xpen se . Us ually, the side - walk r e p airs have been delayed u n ti l t h ey cou l d b e pla c ed in com- bination with a pav ing district . Ci t y Ma nage r McCown stated the insuran ce company has become co n ce rned a bout t h e liability that ex i st s wh en th sid walks are in poo r cond ition and n ot re pa i r ed . As a re su lt, the insurance c o mp any has requ e st e d t h e City t o set up a p olicy to get the sidewalks r ep a i red soona f t e r th e Ci t y is notified t hat a sidewalk n ee d s to b e repa i r ed . City Ma n ager McC own d i scuss e d the possible repercus s ions o f estab lishin g t h e policy sugg est ed by th e i nsuranc e company. He sta ted it is t he opinion of t h e City Att o rn e y 's o ff ic e th a t such a policy pract ica lly de n ies the ci t izen the right to b e h ea r d in pub lic hearing proceedings us u ally held on sidewa l k a n d paving di str icts, i.e . Council a u thorizes the r e pa ir wo rk to b e d o n e an d the cos t to be ass ssed to the p r oper y owner without giving the property owner the right to be hea rd at a pub l ic h earin g • I • • D cem b e r 5 , 1978 Page 12 • • .. City Manager McCown stated the Director of Engineering Servi c es, the City Attorney and h imself suggest the following re - c o mme ndation s as procedure for repair of sidewa lks: 1. When sta f f f inds there are repai rs that need to be made in a number sufficient e nough to prove it worthwhi l e to do the work, staff will compile a list and submit it to Council for r eview . 2. Upo n r e ce ipt of the list, Counci l may direct staff to send a notice to the r espe ctive property owners not ifying them Council has received a report indi- cating their sidewalk is in faultly repair and needs to be fixed; and if the property owner wishes to be heard before Council concerning the repairs they can appear before Council at the next Council meeting at which time a determination of whether or not their s id ewalk needs to be fixed will be made by Council. City Manager McCown stated if Council concurs with the above policy, funds will have to be budgeted. Council discussed at length the underlying causes that deterioriate sidewalks and with whom the obligation for payment of repair costs lies. COUNCILMAN SMITH MOVED TO CONCUR WITH THE PROCEDURES OUTLINED IN CITY MANAGER MCCOWN'S MEMO OF NOVEMBER 28, 1978 CON- CERNING SIDEWALK REPAIRS; THAT A MINIMUM OF $20,000 BE PLACED IN NEXT YEAR'S BUDGET FOR THE LIST OF REPAIRS AND A LIKE AMOUNT BE S ET ASIDE FOR THE SECOND HALF OF 1979 ; AND THAT A REMINDER NOTICE BE SENT TO EACH PROPERTY OWNER ON THE LIST. Councilman Clayton seconded the motion. Councilman Harper stated he preferred any citizen protest concerning sidewalk repairs to be held i n a public hearing forum rather than a Council meeting; and queried how the City can legally assess th e property owner for cost of repairs. City Manager McCown and City Attorney Berardini explained how payment is handled for different types of districts and from differe nt types of property owners. Coun cilman Smith stated he felt the formality of public hearing was not required as along as the citizens are heard and have a chance to present their case. Councilman Harper stated h i s concern was that each pro-perty ow n er involved is heard • I • ' • • December 5, 1978 Page 13 • • - Councilman Smith suggested a date in January be set for these property owners to appear before Council and present their cases. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows : Ayes: Nays: Absent : Counc il Members Smith, Harper, Clayton, Williams, Taylor. None . Council Members Weber, Mann. The Mayor declared the motion carried . City Manager t-1cCown requested Council's authorization to send a sidewalk repair notice to a property owner at 3149 South Broadway . COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY MANAGER TO SEND A SIDEWALK REPAIR NOTICE TO THE PROPERTY OWNER AT 3149 SOUTH BROADWAY. Councilman Harper seco nd ed the motion . Upo n a call of the roll, the vote result ed as follows : Ayes: Nays: Absent: Council Members Smith , Harper , Clayton, Williams, Taylor. None. Council Members Weber , Mann . The Mayor declare d the motion carried. * * * * * * City Manager McCown presented an agreement concerning concession at the Englewood Municipal Golf Course. City Manager McCown stated the ownershi p o f the concession has been changed from Mr. and Mrs. Saunders to only Mrs. Saunders so she can apply for a 3.2 beer license with the City of Sheridan . COUNCILMAN HARPER MOVED TO APPROVE THE AGREEMENT BETWEEN THE FOOD AND BEVERAGE CONCESSIO FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE AND THE CITY OF ENGLEWOOD FOR THE CALENDAR YEAR 1979 . Cou n- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Smith, Ha rper, Williams, Taylor. • I • • • December 5 , 19 78 Page 14 Nays: Absent: • • • Council Member Clayton. Cou nc il Members Weber, Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL MEET- ING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried and adjourned the special meeting at 9 :35 p.m. I • • - • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 5, 1978 at 7 :30 p.m. The invocation was given by Mr. Joe H. Booth, Sr., Church of Christ, 4690 South Logan. The Pledge of Allegiance was led by Mayor Taylor. 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 Members Weber, Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Police Captain Ron Frazier Director of Finance/City Clerk James * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 20, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * I • • • December 5, 1978 Page 2 • • • RESOLUTION NO. 62, SERIES OF 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWLEDG- ING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD MUNICIPAL GO LF COURSE TO PAUL T. BLESSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1978. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. Pre-scheduled visitor Paul T. Blessing was present to receive the award presented to him by Mayor Taylor. Mr. Blessing thanked the Council for the award. * * * * * * Pre-scheduled visitor John F. Hannon, 5735 S. Delaware, was present and discussed the annual renewal of a retail liquor store license for his business, Supreme Liquors, 5113 South Broadway; and the alleged liquor violation as repor te d by the Police Department. Captain Ron Frazier of the Englewood Police Department was also pres ent to discuss the matter . Mr. Hannon stated the citation is the second violation in 23 years and the incident occurred when the store happened to be very busy at the time. Mr. Hannon stated they have appeared in District Court and the judge has dismissed the charges. Captain Frazier stated the judge did dismiss the case against the employee and Supreme Liquors after a three month defer-ment. COUNCILMAN HARPER MOVED TO GRANT THE ANNUAL RENEWAL OF SUPREME LIQUORS, 5112 SOUTH BROADWAY. Councilman Williams seconded the motion. Councilman Smith stated Council is concerned about such violations where liquor is sold to minors; and it is important that these types of violations be clarified and explained to Council even though they happen infrequently • • I • • • December 5, 1978 Page 3 • • • Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * "Conmrunications • No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of Board of Career Service Commis· sioners' meeting of October 19, 1978. Minutes of Library Board meeting of November 14, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment with the following attachment: (1) Wastewater Treatment Plant Monthly Report October, 1978. A report from William D. James, Director of Finance concerning the M.F.O.A. Conference held in Houston, Texas on May 15 • 18. * * * * * * City Manager McCown presented a request for an annual renewal of tavern liquor license for Belleview Bowl-0-Mat Lounge, 4900 South Federal. City Manager McCown stated Captain Ron Frazier was present to answer any questions concerning t he liquor license renewal. Captain Ron Frazier appeared before Council and since Council did not have any questions concerning the abovementioned liquor license, Council gave Captain Frazier permission to give an update report on the investigation into the violation at the Seven-Eleven, 1211 E. Hampden Avenue. Captain Frazier briefly discussed the background of the incident. He stated the officers did not respond to the incident in accordance with the Police Department's policy; and this policy is being reiterated to all officers. Captain Frazier stated in reviewing the matter, he contacted Deputy District Attorney Bill Moody who stated because I • • • December 5 , 1978 Page 4 • • .. of the time lapse, the direct testimony of the youths who pur- chased the beer and identified the clerk as having been the one who sold them the beer would be questionable ; and the testimony would be challenged by any defense. It was the opinion of the district attorney's staff that no prosecution would be accepted in this case. Captain Frazier stated a report has been prepared regarding the investigation and copies will be furnished to Council in the near future. COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RENEWAL OF A TAVERN LIQUOR LICENSE FOR BELLEVIEW BOWL-0-MAT LOUNGE, 4900 SOUTH FEDERAL. Councilman Harper seconded the motion . Upon a call of the roll , the vot e resulted as follows: Ayes : Nays: Absent : Council Members Smi th , Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Retirement Board requesting changes to Chapter 9, Section 38, Title V, of the Englewood Municipal Code. City Manager McCown stated the memorandum addresses changes in the board membership and procedural review of disability retirements. City Manager McCown stated there is another section which the staff would like to see changed, i.e. the section which defines a full time employee eligi-ble for pension benefits. COUNCILMAN HARPER MOVED THAT THE CITY ATTORNEY BE DI- RECTED TO PREPARE AN ORDINANCE INCORPORATING THE CHANGES DIS- CUSSED IN THE MEMORANDUM FROM THE EMPLOYEES' RETIREMENT BOARD AND THE CHANGE RECOMMENDED BY THE STAFF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * I • • - • • De cember 5 , 1978 Pa ge 5 .. • • • City Manager McCown presented a status repor t f rom the Englewood Housing Authority concerning furnishings f or t h e Simon Center and funding raising. City Manager McCown stat e d of the $35,000 which Council loaned t o the Simon Center f or fu rn is h i n gs only $13,323.83 has been ra i sed for purposes of reimburs eme nt to the City. The Committee in charge of the fund ra i sing doubts whether any more money can be raised and requests Counc il t o fo r- give the remaining portion of the debt. COUNCILMAN SMITH MOVED TO RELIEVE THE ENGLEWOOD HOUS I NG AUTHORITY OF THE OBLIGATION TO REPAY THE REMAINING BALAN CE OF A $35,000 LOAN MADE TO THE ENGLEWOOD HOUSING AUTHORITY TO PURCHAS E FURNISHINGS FOR THE SIMON CENTER. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fo l lows : Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an ordinance that would implement the latest negotiations between the Englewood Employees Association and the City. City Attorney Berardini reported that he has not received information relating to the adoption of the ordinance and recommended tha t the Council postpone the matter unt i l a later date. COUNCILMAN SMITH MOVED TO POSPONE THE ORDINANCE UNTIL JANUARY 2, 1979. Councilman Harper seconded the motion. Upon a call of the r o l l , the vote resulted as follows: Ayes : Nays : Abs e n t : Council Members Smith, Harper, Clayton, Wi lliams , Tay l or. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • December 5, 1978 Page 6 • • .. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 41, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 41, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 42, SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 42, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Wi lliams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * • I • • December 5 , 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 43, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. COUNCILMAN Cl.AYTON MOVED TO PASS ORDINANCE NO. 43, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN/WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SAl.ARIES" BY INCREASING SAID SAl.ARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980. At Councilman Williams's request. the Clerk read the fol- lowing section of the bill for an ordinance which lists the pro- posed salaries: "Section l. That Section 41, Chapter 4, Title I of Article IV entitled 'Council Salaries' is hereby amended to read as follows: l-4-41 Salaries of Councilmen The monthly salaries of the Council- men are hereby fixed in the following amounts: May or Mayor Pro Tem Councilmen $500 $450 $400" I • • December 5 , 197 8 Pag e 8 • • • CO UNC I LMAN WILLIAMS MOVED TO PA SS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Clayton seconded the motion. Counci l man Harper spoke against the bill stating he felt there i s no wa y a councilman could be paid properly for his expenses and a mount o f time devoted to this j ob. He stated there needs to be a better way to attract more qualified people to run for Council ; and he did not think increasing the salaries would do it unless the salary was extremely high. Councilman Harper suggested the salaries be increased only by $100 or in- creased a great deal higher and put the issue before the citizens in a referundum. Councilman Smith stated he supported the bill because even though the increase will not fully compensate each member for his time, it definitely will help offset those expenses each member incurs. Councilman Clayton spoke in favor of the bill. He stated there were other methods Council could use; however, the increase in salary was one direct and effective method of compensating each member for his time and effort in serving the City. Mayor Taylor stated the proposed increases are really not enough for the work and time spent serving as a council mem- ber ; however, he felt the future Council should have more money. Mayor Taylor stated none of the members of the present Council will be eligible for the increase unless they run for office again and are re-elected. Mayor Taylor stated he would like to see the proposal placed on the November ballot because he felt this would entice more people to run for City Council. Upon a call of the roll, the vote resulted as follows: Aye s : Na y s : Abs e nt : Council Members Smith, Clayton , Williams. Cou n c i l Members Harper , Taylor. Council Me mbers Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOL UTI ON NO. 63, SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 63, SERIES OF 1978. Councilman Harper seconded the motion. • • I • • ( • December 5, 1978 Page 9 .. • .. Councilman Smith discussed the resolution with Director of Community Development Wanush. Upon a call of the roll, the vote result e d as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carr ied . * * * * * * RESOLUTION NO. 64 , SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper , Clayton, Williams, Taylor. None . Council Members Weber, Mann. The Mayor d e clared the motion carried. * * * * * * RESOLUTION NO. 65 , SERI ES OF 1978 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ESCROW ACCOUNT IN CONNECTION WITH THE PAYMENT AND REDEMPTION OF GENERAL OBLIGA- TION HOUSING REFUNDING BONDS, DATED AUGUST 1, 1976, OF THE CITY OF ENGLEWOOD , COLORADO, AND PROVIDING CERTAIN DETAILS IN CONNEC- TION THEREWITH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 65, SERIES OF 1978. Counc i lman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • Decemb e r 5 , 1978 Page 10 Ayes : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum relating to the animal control agreements. City Manager McCown reviewed the details of the contracts. COUNCILMAN SMITH MOVED THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE MEMORANDUM FROM THE CITY MANAGER DATED NOVEMBER 30, 1978 REGARDING THE ENACTMENT OF THE ANIMAL SHELTER AGREEMENTS AND INSTITUTING NEW CHARGES TO OTHER EN- TITIES. Councilman Harper seconded the motion. Councilman Smith expressed concern over the $40 fee for adoption of dogs. Councilman Smith stated someone should be in charge of monitoring the adoptions and insuring that the new owner has the dog neutered by a veterinarian within a certain number of days following the adoption. Councilman Smith stated it is important that all adopted dogs be neutered in order to control the dog population. Councilman Smith requested some provision in regard to his comments be included in the agreement. Councilman Clayton stated the agreement needs a clause requiring rabies vaccinations for every animal that is adopted. Mayor Taylor spoke against the concept of Englewood maintaining the animal shelter for surrounding entities in addi- tion to maintaining it for the City of Englewood. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton. Council Members Williams, Taylor. Council Members Weber, Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE EXISTING E.M.C. DOG ORDINANCE IN RELATIONSHIP TO ADOPTIONS CHANGING THE FEE TO $40 INCLUDING • I • ( • December 5, 1978 Page 11 • • • MANDATORY NEUTERING AND MANDATORY RABIES VACCINATION WITH THE CITY OF ENGLEWOOD. Councilman Harper seco nded the mo t ion. Upon a call o f the roll , the vot e resul t ed as foll ows: Ayes : Nays : Absent : Council Memb e rs Sm ith , Harper , Clayton, Williams , Taylor. None. Council Members Webe r, Mann . The Mayor declared the motion car ried . * * * * * * City Manager McCown presented a memo randum relative to proposed procedure for sidewa lk repa irs an d a memorandum f rom Gary R. Diede , Director of Engineering Services , concerning sidewalk repairs at 3149 South Broadway. COUNCILMAN CLAYTON MOVED TO POSTPONE CONS I DERATION OF THIS MATTER UNTIL THE STUDY SESS I ON ON DECEMBER 11, 1 978. Council-man Harper seconded the motion. 0 Councilman Clayton withdrew his motion and requested the City Manager to further ex pl ain the memorandums relative to con- crete repairs. Councilman Harper withdrew his second to the motion. City Manager McCown discussed the present procedure the City follows for repa iring s idewalks. City Man ager McCown stated City crews have never gon e out and repaired th e sidewalks if the property owner did not have them rep a ired because there has never been enough mone y budge ted fo r such an expens e . Us ually, th e side - walk repairs have been delayed until the cou l d be p aced i n com- bination wi t h a p a ving district. City Ma n ag e Mc Cown sta e d t h e insuranc e compan y has become concerne d abou t ~ ia i litv t ha ex i sts when the sidewalks are i n poo c on ditio a nc not re pa ir ed . As a resu l t, the insurance company has req uested th City to set up a po li cy t o get the sidewalks repair ed soonaf t er th v ity i s not i fied th at a sid ewalk needs t o b e r e pai~ec. City Manager McCown discu ssed the possi bl e r ep ercuss i ons of establish i ng t he policy suggested by t e ins u rance compa n y. He stated it is the o pinion of the City Att orney 's off ice t hat such a pol icy practically denies t he ci t i zen the right to be h eard in public hearing proceedings usual ly he ld on sidewal k and paving districts, i.e. Council author i zes the rep a ir work to be done and the cost to be assess ed to the proper ty owner without giving the property owner the right to b e heard at a pu blic hearing. • ) I • • • December 5, 1978 Page 12 ,. • • • City Manager McCown stated the Director of Engineering Services, the City Attorney and himself suggest the following re- commendations as pr ocedur e for repair of sidewalks: 1. Whe n staff fin ds there ar e repairs that need to be ma de in a number sufficient enough to prove i t worthwhile to do the work, staff will comp i le a list and submit it to Council for r ev iew . 2 . Up on receipt of the list , Council may direct staff to send a n otice to the respective property owners notifying them Council has received a report indi- cating the i r sidewalk is in faultly repair and needs to be fixed; and if the property owner wishes to be heard before Council concerning the repairs they can appear before Council at the next Council meeting at which time a determination of whether or not their sidewalk needs to be fixed will be made by Council, City Manager McCown stated if Council concurs with the above policy, funds will have to be budgeted, Council discussed at length the underlying causes that deterioriate sidewalks and with whom the obligation for payment of repair costs lies. COUNCILMAN SMITH MOVED TO CONCUR WITH THE PROCEDURES OUTLINED IN CITY MANAGER MCCOWN'S MEMO OF NOVEMBER 28, 1978 CON- CERNING SIDEWALK REPAIRS ; THAT A MINIMUM OF $20,000 BE PLACED IN NEXT YEAR'S BUDGET FOR THE LIST OF REPAIRS AND A LIKE AMOUNT BE SET ASIDE FOR THE SECOND HALF OF 1979; AND THAT A REMINDER NOTICE BE SENT TO EACH PROPERTY OWNER ON THE LIST. Councilman Clayton seconded the motion . Councilman Harper stated he preferred any citizen protest concerning sidewalk repairs to be held in a public hearing forum rather than a Council meeting; and queried how the City can legally assess the property owner for cost of repairs. City Manager McCown and City Attorney Berardini explained how payment is handled for different types of districts and from different types of property owners. Councilman Smith stated he felt the formality of public hearing was not required as along as the citizens are heard and have a chance to present their case. Councilman Harper stated his concern was that each pro-perty owner involved is heard. • I • ( • Decemb r 5, 1978 Pag 13 • • • Councilman Smit h suggested a date in Jan u ary be set fo r these prop erty own e rs to appea r befor e Council and present heir case s . Upon a call of the r oll , the vote on Councilman Smith 's motion r esulted as follows: Ayes: Nays: Absent : Council M mbers Smith, Harper , Clayton, Williams, Taylo r. None. Council Members We ber, Mann . The Mayo r declar ed the motion car ri ed . City Manager McCown requested Council's authorization to s end a sidewa lk r ep a ir notice to a property owne r at 3 14 9 South Broadway . COUNCILMAN SMITH MOVED TO AUTHORI ZE THE CITY MANAGER TO SEND A SIDEWALK REPAIR NOTICE TO THE PROPERTY OliNER AT 3149 SOUTH BROADWAY . Councilman Harper seco n ded th motion . Upon a cal l of the r oll, the vot resulted as follows: Ay es: Nays : Absent : Council Members Smith, Harper, Clay ton , Williams, Taylor . None . Council Membe rs Weber, Mann . The Mayor decl a r ed the motion carried . * * * * * * City Manager McCown presented an a greement conc e rning concession at the Englewood Municipal Golf Course . City Ma nage r McCow n stated the ownership of the concession has been changed from Mr . and Mrs. Saunders to only Mrs . Saunders so she can apply fo r a 3.2 beer li cense with th City of Sheridan . COUNC ILMAN HARPER MOVED TO APPROVE THE AGREEMENT BETWE EN THE FOOD AND BEVERAGE CONCESSION FOR THE ENGLEWOOD MUNICIP AL GOLF COURSE AND THE CITY OF ENGLEWOOD FOR THE CALENDAR YEAR 19 79. Cou n- cilman Smith seconded th e motion . Upon a call of the roll, th e vote r es ult ed as follows: Ayes: Council 'Members Smith, Harper, Williams , Ta ylo r. • I • - • • December 5, 1978 Page 14 Nays : Absent : • • • Council Member Clayton. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL MEET- ING. Councilman Smith seconded the motion. Upon a call of the roll, the vote r esulted as foll ows : Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber , Mann. The Mayor declared the motion carried and ad journed the special meeting at 9 :35 p.m. ~)...!~~ Director-o nance/ex-o-f""f,...i.-c_,i.-o City Clerk-reasurer • I • f ( • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 5, 1978 .., (.N !31+<.41. 1/' Clj) (' 6 I {--;I I J <t I 7 :30 P.H. Call to order, invocation by Re ... Frank: Baws"t~?o~..X-~" Imglewood United Hetnodi~t: Chatcl1, 3885 S. Breaewsy, pledge of allegiance b y Boy Scout Troop #154. _. /II .. ~A'R.5~,tf -n1,. ~ "-"' ./ ,d ;0 ,1, ,/? c Minutes. (a) Minutes of the regular mee t ing of November 20, 1978 . (Copies enclosed .) Paul T. Blessing will be present to receive Honorary Lifetime Golf Membership at Englewood Municipal Golf Course . (Resolution awarding Honorary Lifetime Golf Membership to Paul T. Blessing attached.) (Copies enclosed .) (b) John F. Hannon will be present to discuss annual renewal of Retail Liquor Store license for Supreme Liquors, 5112 S . Broadway. (Copies enclosed.) I • • • • • Page 2 December 5, 1978 Agenda 3. Other Visitors . (None pt!rmitted due t o special meeting provision .) 4 . Public Hearing. (None) 5. Communications -No Acticn Recommended. (a) Minutes of Board of Career Service Commissioners' meeting of October 19, 1978 . (Copies enclosed.) (b) Minutes of Library Board meeting of November 14, 1978. (Copies enclosed .) (c) Memorandum from W.J . Brookshire, Director of Wastewater Treatment with the following attachment: (Copies enclosed.) (1) Wastewater Treatment Plant Monthly Report October, 1978 . (d) A report from Wi .lliam D. James, Director of Finance concerning the ~l.F .O.A. Conference held in Hous t on , Texas on May 15 -18. (Copies enclosed.) Communications -Action Recommended. (a) Annual renewal of a Tavern Liquor license for Belleview Bowl-0-Mat Lounge, 4900 South Federal . (Copies enclosed.) ~it~~) Recommendation from Englewood Retirement Board ~· ~~~· ' requesting changes to Chapter 9, Section 38, Title V -~~ s--~ of the Englewood Municipal Code . (Copies enclosed .) ~ ~~~) Status Report from Englewood Housing Authority A concerning furnishings for Simon Center and fund ~~{;.J 1t 't/ tJt'/ :t;"aising . (Copies enclosed.) [~~ 7. City Attorney. ( • Ordinances on Final Reading. (a) An Ordinance authorizing amending Chapters 3 ,4,6 , 7 and 8, Title V of 1969 E .M.C. relating to pro- bationary appointments, sick leave , maternit y leave, official holidays, salary· increases, tuition refund, hours of work, life and health insurance benefits for general Career Service Employees of the City of Englewood . (Copies enclosed.) (b) An Ordinance amending Chapter 2 of Title XIV of the '69 Englewood Municipal Code by adding a new section thereto relating to the prohibiting o f parking on private parking lots . (Copies enclosed.) I • • ( • • • Page 3 December 5, 1978 Agenda # 7. City Attorney. (cont.) (d) An Ordinance appropriating monies for all muni- cipal purposes in the fiscal year beginning January 1, 1979 and ending December 31, 1979 constituting what is termed the Annual Appro- priation Bill for the Fiscal Year 1979 . (Copies enclosed.) An Ordinance adopting the budget for fiscal year 1979. (Copies enclosed.) ffl 1 () .ft43 {1 /"' Bills for Ordinances . . "} .. ,)tJ-1 J tl--"Otry· ~An Ordinance Amending Section 41, Chapter 4, ~t ~ r-'1 Title I, of Article IV, Entitled "Council f.(f ~,. l'\1\~ ·v~ ri o-Salaries" by Increasing Said Salaries for :3 -' ~ v • b-' J Future Members of the Englewood City Council • ~~ to Become Effective During Said Council Term \~ Commencing at 7 :30 P.M. on the First Monday ~ v-after January 1, 1980. Resolutions . A Resolution endorsing Regional Housing Oppor- tunity Plan (R .H.O .P.). (Recommendation from the Englewood Housing Authority urging Council's support of R .H.O .P. (Copies enclosed.) A Resolution relating to the assignment of the Housing Assistance Payments Contract between the City of Englewood and the United States of America, Department of Housing and Urban De- velopment, to the Housing Authority of City of Englewood, Colorado. (Copies enclosed.) A Resolution authorizing the establishment of an escrow account in connection with the payment and redemption of General Obligation Housing Refunding Bonds, dated August 1, 1976. (Copies enclosed .) (i) Attorney's Choice. (None permitted due to special meeting provision .) 8. City Manager. Memorandum from Andy McCown, City Manager, relating to animal control agreements. (Copies enclosed.) I • • - • • • • • Page 4 December 5, 1978 Agenda ') City Manager. (cont .) (b) Memorandum from Andy McCown, City Manager, relative to proposed procedure for repairs and memorandum from Gary R. Diede, Director of Engineering Services, concerning repairs at 3149 S. Broadwa y . (Copies enclosed.) (c) Agreement concerning concession at Englewood Municipal Golf Course. (Copies enclosed.) (d) Manager's Choice. (None permitted due to special meeting provision.) 9 General Discussion . (a) (b) Mayor's Choice . } Councilman's Choice . 10. Adjournment. None permitted due to special meeting provision. i/Jt)J-7;ti~~ ANWMC COWN City Manager .. ~---~----------------~--.. --~--------~----------~--·~ ·- I • • • • • • ROLL CALL Moed s ndd v eco e A ~ve W1111ams v Wll>h"'r *' Sln1ti': v Haroer !./ Clayton v Mann i . Mayor lay_l.Er I / ~ f "r..UU-JJ._ (-,• '!'&if?#r· ~-~~~~i'· tf~.a-t. '2k~ ~/~~ ~~7 ... Nav Ab sta n Ab sent ,.,., L,/ I . . • • • ROLL CALL d ov econde Aye Nay A sta n bsent WilHam!: ..!:::::__ b A -'ii!!bl!'r '+-_L..--_;:,mttn .~ ~ ....lim!tt_ ~ Cl~ton ~ Mann ~a_1_or _!a y_l c:r v I . • • - • • -<. 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J1. ~ ~ / Williams ~ Nav Abs fn Absent I WA~ \• I -u-l I If# ;..---snnt.r. / _:::::;:;:= llllrl'lll•r ,v/ Clavton I Mann ....-- ~avor Ta y_l_E r ~ I 0 • I . • • • - • • I • • - • • • I . • • • • - ------ Hoved Sec?nded I Wi,, .---~---__ 1 Ave I I ?r.-'., I Wo:>h .. ~----·-·-· ...--::mtt r,-1 Hare~ --, .:./ Clavton 1 Mann ; Ma.~~~ r~1x-:-Q ~?~ . .::Q§ dJ;/,6 c!&~~ -f ~~~~-4 - Nav Abstain Absent ?-7 d"~-L._/ /v-c_ ?{L ~~ 6 ~- 7' Cc-~~-t'~· ~~ ~_/~ ~t?~ / Mk4'J~ • I . . { • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 20, 1978 .1 A The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 20, 1978 at 7 :30 p.m. Mayor Tayor, presiding, called t he meeting to order. The invocation was given by Rev erend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop 092. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes Assistant City Attorney DeWitt Director of Public Works Waggoner Municipal Court Judge Parkinson Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 6, 1978. Councilman Harper seconded the motion . Upo n a call of th e roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitors Fred Kaufman, Cletus A. Gassen, and Barry F. Coleman were present and took the official oath of • I • • • Nov embe r 20, 1978 Page 2 • • • o ffice for the Downtown Devel opment Authority administered b y Municipal Court Judge Parkinson. * * * * * * Pre-schedul e d visito rs Thomas C. Bott and Harold Ri fe , Sev e n-El even Store , 1277 East Ha mpden Avenue were present to dis- cuss the annual renewal o f 3.2 b ee r license -off premis es th at was postponed at the last Council meeting because the police r e - port reflected a sale of liquor to a minor violation on Au g ust 3, 1978. Their attorney Bob Ackerman and Captain Ron Fraiz er of the Englewood Police Department were also present to discuss the matter. Mr . Ackerman stated employees of the subject Seven- Eleven Store were also present should Council want to discuss the incident with them. Captain Frazier discussed the case and how it was handled. Captain Frazier stated the juveniles admitted buying the be e r at the store; however , no clerk in the store was give n a citation b e caus e n o one could remember selling the beer to the juveniles. Councilman Smith requested Captain Frazier to further investigate this cas e with the arresting officer to find out wh y a more complet e investigation was not pursued and to r ep ort back to Council. At the request of Council, Ruth Bixler, 3390 South Dahlia, appeared befor e Council. Ms. Bixler stated she did not recall th e subject incident. COUNCILMAN WEBER MOVED TO GRANT THE ANNUAL RENEWAL FOR A 3.2 BEER LICENSE -OFF PREMISES TO THE SEVEN-ELEVEN STORE, 1277 EAST HAMPDEN AVENUE , AND TO CAUTION THE MANAGEMENT OF SEVEN-ELEVEN TO TAKE ALL PRECAUTIONS TO PREVENT THIS TYPE OF INCIDENT FROM HAP- PENING IN THE FUTURE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann , Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Harold J. Corah, 4031 South Fox, was not present. * * * * * * -----~----~ . • • I • • - ( • • November 20, 1978 Page 3 • • • Mr. Maurice Jones, 5020 South Washington, was present on behalf of his wife Mrs. Myrtle Jones who was a pre-scheduled visitor. Mr. Jones discussed the facilities that are being plan- ned for the Duncan Park and Recreation Center. Mr. Jones expres- sed concern over the minimal amount of funding that is being expended for the improvements. City Manager McCown transmitted to Council for Council's information summaries of the public meetings with Duncan School neighborhood residents as prepared by the Director of Parks and Recreation. * * * * * * Mayor Taylor asked if there were any other visitors who wanted to address Council on any matter. Mr. Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several points: 1) the reduction in mill levy, 2) itemizing the water bills to reflect the amount paid to water meter readers, 3) soliciting citizen approval prior to expend- ing money for charitable organizations, and 4) reducing expenditures in the budget by reducing sales tax revenue. * * * * * * Mr. Eugene Norman, 3851 South Logan, appeared before Council and presented a drawing of a system he proposed would re- duce the odor at the Bi-City Wastewater Treatment Plant. Mr. Norman also discussed the problem of curtailing pine beetles. * * * * * * Mayor Taylor asked if there was anyone else present who wanted to address Council . No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Denver Regional Council of Government's meeting of November 15, 1978. Minutes of the Library Board meeting of October 10, 1978 • Minutes of the Water and Sewer Board meet- ing of November 2, 1978 • • I • • • • November 20, 1978 Page 4 (d) (e ) (f) (g ) (h) • • .. Minutes of Planning and Zoning Commission meetings of October 17 a nd 24, 1978 . Financial Report for month of October, 1978. Memorandum from Gary R. Diede, Director of Enginee ring Services concerning attendance at the A.P.W.A. Conference in Boston on Oct obe r 14 -18, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment, concerning 51s t Annual Conference Water Pollution Control Federation 1978 Conference held in Anah eim , California on Octob e r 1 -6, 1978 . Memorandum from E. P . Romans and Richard Tapply concerning their attendance at the 1978 Congress for Parks and Recreation in Miami Be ach, Florida on October 15 -19, 1978. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of November 9 , 1978 which con- t ained recommended criteria f or lifetime golf memberships and a r~commendation that the first Honorary Lifetime Golf Membership be awarded to Paul Blessing. COUNCILMAN WEB ER MOVED TO GRANT THE FIRST HONORARY LIFETIME GOLF MEMBERSHIP TO PAUL BLESSING FOR ALL HIS CONTRI- BUTIONS TO THE CITY AND TO APPROVE THE CRITERIA FOR THE LIFE- TIME MEMBERSHIP . Councilman Mann seconded the motion. Councilman Smith request e d that the criteria be enu- merated and expounded upon in the formal document presented to Mr. Blessing . Mayor Taylor requ ested that the presentation be made at the n ext Cou ncil meeting. Councilman Clayton expressed agreement on the first part of Councilman Weber's motion but requested further study of the criteria. Councilman Clayton questioned the Parks and Recreation Commission's intention for periodic recognition of this award . Councilman Weber stated it was never the intention of the Commission to establish a regular time schedule for which the award was to be given out . Councilman Weber explained the intention is to be infrequent and given only to those people who • I • • November 20, 1978 Page 5 • • • were dedicated to golf and other civic leaderships in the area of recreation. Upon a call of the roll, the vote on Councilman Weber's motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of November 14, 1978 con- cerning a zoning designation for property located at 4635 South Mariposa Drive to be R-1-C single-family residence. COUNCILMAN MANN MOVED TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION ON 4635 SOUTH MARIPOSA DRIVE. 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, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of November 14, 1978 with Findings of Fact concerning zoning designation o f property in the 4600 block of South Mariposa Circle to be R-1-C single family re-sidence. COUNCILMAN WILLIAMS MOVED TO RECEIVE THE RECOMMENDATION FROH THE PLANNING AND ZONING COMMISSION WITH THE FINDINGS OF FACT CONCERNING THE 4600 BLOCK OF SOUTH MARIPOSA CIRCLE. Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted as follows : Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . I • • • • • November 20, 1978 Page 6 • • • The Mayor declar e d the motion carried . * * * * * * City Manager McCown presented a Planning and Zo ning Commission concerning property to be annexed and referred to as to be I-1 Light Industrial. recommendation f ro m the a zoning designation fo r 4535 South Santa Fe Drive COUNCILMAN SMITH MOVED TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZON ING COMMISSION CONCERNING A ZONING DESIGNATION FOR 4535 SOUTH SANTA FE DRIVE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams , Weber, Taylor. Nays : None. The Mayor declar e d the motion carried. * * * * * * City Manager McCown pres e nted annual renewals for vari- ous liquor licenses for the following establishments: (l) Bar Harbor 3484 S . I3roadway (2) Casual Loung e 65 West Floyd Ave . (3) Dart Board 3467 S. Broadway (4) Drug Fair 4204 S. Broadway (5) Englewood Elks Lodge 3690 S. Jason (6) Fraternal Order of Eagles 3384 S. Broadway (7) Glass Bottle Liquors 336 W. Hampden Ave . :!jp~ 9L ~.iEe n~~ Tavern Tavern Tavern Drug Store Club Club Retail Liquor Store • I • - (' • (' • November 20, 1978 Page 7 (8) Hampden 3517 s. (9) Hilda's 4386 s. West Elati Cafe Broadway (10) Arapahoe Knights ColUIT!bus of 3800 s. Windermere (11) M-D Drug Store 2895 s. Broadway (12) Old Town Liquors 325 E. Jefferson (13) South Restaurant 3535 s. Huron (14) Supreme Liquors 5112 s. Broadway (15) Thorobred Liquors 5050 s. Federal (16) V.F.W. 3860 s. Jason (17) Zimmermans 2796 s. Broadway • • • !_yp ~_of Lice~s~ Hotel/Restaurant Tavern Club Drug Store Retail Liquor Store Hotel/Restaurant (Extended Hours) Retail Liquor Store Retail Liquor Store Club Hotel/Restaurant COUNCILMAN WILLIAMS MOVED TO GRANT ALL THE ABOVE ANNUAL RENEWAL LIQUOR LICENSES (1) THROUGH (17) WITH THE EXCEPTION OF: Councilman Weber requested (14) Supreme Liquors be with- held for further discussion. Councilman Smith requested (2) Casual Lounge and (3) Dart Board be withheld for further discussion. Councilman Smith noted the license violation concerning (2) Casual Lounge on May 26, 1978. Councilman Smith stated the violation was for being open after hours. At the request of Councilman Smith, Captain Fraizer appeared before Council and stated this incident regards a dart throwing con- test that extended past the closing hours. The officer instructed the management to close the lounge which he did and upon continued monitoring by the police, the lounge has since adhered to closing hours • I • • November 20, 1978 Page 8 • • • Counc ilma n Smith wit hdr e w his requ e st t o withho l d g ranting the annual renewa l liquor lic e ns e fo r th e Casual Lounge. Mayor Tay lo r suggest e d a l e tt e r be wr i tten to th e manage- ment of Casual Loun ge e xpr es s ing Co un ci l 's c onc e rn and questions regarding this violation . Councilman Smith noted the incident report for (3) Dart Board where the officer r e ported liquor being served after hours . Councilman Smith stated the in ci d e nt is similar to the Casual Lounge and suggest e d the same typ e of action be taken in alerting the management of the Dart Board that Council is con- cerned about this type of violation . Councilman Smith withdrew his request to withhold grant- ing the annual renewal liquor license for the Dart Board. Councilman Web e r noted the incid e nt occuring on January 20, 1978 concerning Supreme Liquors. Counci l man Weber noted the in- cident involved the sale of beer to minors. Councilman Weber stated there is a need to discuss this incident with the management . COUNCILMAN WEBER MOVED TO AMEND THE MOTION AND POSTPONE THE ISSUANCE OF A LIQUOR LICENSE TO SUPREME LIQUORS, 5112 SOUTH BROADWAY, UNTIL THE MANAGEMENT APPEARS BEFORE COUNCIL AT THE NEXT COUNCIL MEETING ON DECEMBER 5, 1978. 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, Weber, Taylor. None. The Mayor declared the motion carried . Upon a call of th e roll , the vote on Counci l man's Wil li a ms motion to approve the liquor l i c e nse annual renewals with th e exc ep- tion of Supreme Liquors resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:10p.m. The Council reconvened at 9 :25 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • (' • November 20, 1978 Page 9 • • • Council Memb e rs Williams , Weber , Smi t h, Harper, Clayton, Mann, Taylor. Absent : None . Th e Mayor declared a quorum pr e sent . *"''1'*** INTR ODUC ED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 37, SERIES OF 1978 AN ORDINANCE ANNEXING 5.882 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. Assistant City Attorney DeWitt stated this ordinance concerns the annexing of 4535 S. Santa Fe. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO . 37 , SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANC E NO. 38, SERIES OF 1978 AN ORDINANCE AUTHORI ZING TH E SALE AND CONVEYANCE OF A BUILDING LOCATED AT 3333 SOUTH LINCOL N STREET IN ENGLEWOOD, COLORADO , TO THE HOUSING AUTHOR I TY OF TH E CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 38, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. At the reque s t of Council, Mr. Tom Burns, Chairman of the Englewood Housing Authority, 3600 South Bannock, appeared be- fore Council and discussed the purpose of this bond sale. Mr. Burns stated Hanifen, Imhoff and Samford is handling the bond sale . Mr. Burns also discussed the lease agreement concerning the use of base- ment for the Simon Center . • I • • November 20, 1978 Page 10 • • • COUNCILMAN WEBER MOVED TO AMEND THE MOTION BY DELETING THE WORDS "AND ASSIGNS" IN SECTIONS 8 AND 9 OF THE AGREEMENT ; AND INSERT "AND" BETWEEN REPRESENTATIVES, SUCCESSORS IN SECTION 8 AND INSERT "AND" BETWEEN SUCCESSORS, ADMINISTRATORS IN SECTION 9. Coun - cilman Mann seconded the mo tion. Upon a call of the roll, the vote resu lted as f ollows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried . Mayor Taylor expressed his concern about the use of the basement. Mayor Taylor stated he felt the basement belonged to the residents and he would be against any other entity using the basement. Mr . Burns explained how the City will realize $200 ,000 from the transfer sale. COUNCILMAN WEBER MOVED TO AMEND THE MOTION BY DELETING THE WORDS "AND ASSIGNS" IN SECTION l, LINE 5 AND IN SECTION 2, LINE 2 OF THE AGREEMENT. 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, Weber, Taylor. None. The Mayor declared the motion carried . Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. **"~<*** INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 39, SERIES OF 1978 • I • • - • November 20, 1978 Page ll • • • AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, TO DEVELOP AND IMPLEMENT SOLUTIONS TO TRAFFIC AND PEDESTRIAN PROBLEMS WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 39, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Councilman Smith noted the memorandum from the Director of Public Works discusses the scope of the contract but not the traffic patterns, i.e. ingress and egress from Cinderella City and requested staff to still pursue that portion of the study. * * * * * * Assistant City Attorney DeWitt discussed the next item on the agenda which was a bill for an ordinance amending Chapters 3, 4, 6, 7 and 8, Title V of the 1969 Englewood Municipal Code, implementing the recent negotiations. He stated there are still questions from the City Manager's office that need to be resolved and advised Council to postpone action on the ordinance unt il the next Council meeting. COUNCILMAN MANN MOVED TO POSTPONE THE BILL FOR AN ORDI- NANCE AMENDING CHAPTERS 3, 4, 6, 7, AND 8, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE UNTIL THE NEXT COUNCIL MEETING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Non e . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 40, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2, TITLE V, OF THE '69 E.M.C. IN- • I • • • November 20, 1978 Page 12 • • • CREASING THE MONTHLY EXPENSES FOR THE BOARD OF CAREER SERVICE COMMISSIONER. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 40, SERI ES OF 1978 ON FINAL READING. Councilman Williams second ed the mot ion. Council discussed the City's policy regarding the com - pensation of and non-compensation of its various boards and com - missions members. Councilman Mann stated he considered one board to be just as important as another and that he would like to see all members compensated. Councilman Mann stated he was aware that such action would take a Charter amendment . Councilman Weber stated he was in favor of the ordinance but he felt it was only fair that all members of the various boards and commissions receive compensation if any are paid . Councilman Mann requested the City Manager to place this matter on the next study session agenda and that the City Attorney's office research the possi- bility of paying all members who serve on boards and commissions. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE ANNEXING .307 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. Assistant City Attorney DeWitt stated this bill for an ordinance concerns the annexing of property located at 4691 South Mariposa Drive. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. I • • - • November 20, 1978 Page 13 .. • • • The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO , FROM AN UNZONED CLASSIFICATION TO R-1-C, SINGLE-FAMILY RESIDENTIAL. Assistant City Attorney DeWitt stated this bill for an ordinance concerns the zoning of property located at 4691 South Mariposa Drive. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR DECEMBER 11, 1978, AT 7 :30 P.M. 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, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANC E ANNEXING .353 ACRES , MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. Assistant City Attorney DeWitt stated this bill for an ordinance concerns the annexing of property located at 4635 South Mariposa Drive. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. 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, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * I • • November 20, 1978 Page 14 • • • INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO R-1-C, SINGLE-FAMILY RESIDENTIAL. Assistant City Attorney DeWitt stated this bill for an ordinance concerns the zoning of property located at 4635 South Mariposa Drive. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR DECEMBER 11, 1978, AT 7:30P.M. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL. Assistant City Attorney DeWitt stated this bill for an ordinance concerns the zoning of property loctated at 4535 South Santa Fe Drive. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR DECEMBER 11, 1978, AT 7:30 P.M. 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, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * I • - (' • ~ • November 20 , 1978 Page 15 • • • INTRODUC ED AS A BI LL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR A NON-GOVERNMENTAL ENTITY TO UNDERTAKE THE REPAIR, MAINTENANCE AND UPKEEP OF CERTAIN PROPERTY NOW USED BY THE CITY OF ENGLEWOOD FOR FREE, PUBLIC, SHORT TERM PARKING, AND PROVIDING THAT SUCH PROPERTY WILL BE USED FOR SUCH PURPOSE FOR SO LONG AS SAID NON-GOVERNMENTAL ENTITY IS RE- QUIRED TO PERFORM THE OBLIGATIONS OF REPAIR, MAINTENANCE AND UP- KEEP ON THE SAME. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Councilmen Smith and Weber spoke against this bill each stating they could not commit future Councils to uphold this agree-ment. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Mann, Taylor. Council Members Weber, Smith, Harper, Clayton. The Mayor declared the motion defeated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS A BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Councilman Mann spoke against the bill. He felt the City did not need any more regulations especially on private park- ing lots. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, We ber , Taylor. Nays : None. • I • • • • • • • Nov ember 20, 1978 Page 16 The Mayo r declared t he motion carried . * * * * * * Assistant City Attorney discuss ed the case City vs . Adlong and requested Council's authorization to settle the ma tter for a sum not to exceed $3,000. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO SETTLE THE ADLONG CASE IN THE AMOUNT NOT EXCEEDING $3,000. Coun- cilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams , Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt transmitted a memorandum regarding Council membership on boards and commissions. COUNCILMAN SMITH MOVED TO SET A STUDY SESSION SOME TIME AFTER THE FIRST OF THE YEAR TO DISCUSS COUNCIL MEMBERSHIP ON BOARDS AND COMMISSIONS. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 61, SERIES OF 1978 A RESOLUTION AMENDING THE PROPOSED 1979 BUDGET. 1978. roll, COUNCILMAN MANN MOVED PASS RESOLUTION NO. 61, SERIES OF Councilman Harper seconded the motion. Upon a call of the the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. • I • • November 20, 1978 Page 17 • • • The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Director of Engineering Services concerning concrete repa i r s for sidewalks. Director of Public Works Waggoner appeared before Council and discussed the matter at length • • I • • November 20, 1978 Page 18 • • • COUNCILMAN MANN MOVED TO SET A STU DY SESSION TO DISCUSS THE MEMORANDUM ON CONCRETE REPA IRS FOR SIDEWALKS FOR DECEMBER 11 , 197 8 , AT 5 :30 P.M. Councilman Clayton seconded the motion . Upon a call of the roll, the vote result ed as f ollows: Ayes: Nays: Council Memb e rs Smith, Harp er , Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * COUNCILMAN WEBER MOVED TO SET A SPECIAL COUNCIL ME ETING FOR DECEMBER 5, 1978 AT 7:30P.M. BECAUS E COUNCIL WILL NOT BE ABLE TO MEET AT THE REGULAR MEETING ON DECEMBE R 4, 1978. Councilman Smith seconded the motion. Upon a call o f the roll, th e vote re- sult e d as follows: Ayes : Nays: Council Members Smith , Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor SLated the bath h o u se at Sinclair Pool is almost finished and instructed the Cit y Manager to make arrange- ments for the Council to take a tour of the bath house when the proj e ct is complete . * * * * * * Mayor Taylor requested Council's deliberation conc e rn- ing increasing Councilmembers' salari es and plac ing this qu estion in r eferendum fo rm for next year's Counc il e lection. Mayor Ta ylor suggested increasing the salary to $400/month for Councilmen ; $450/ month for the Mayor Pro Tern; and $500/month for the Mayor. Mayor Taylor sta ted if the referendum passes, this would bring all Coun- c ilmen's salaries up to the same level. Mayor Taylor stated he would like to discuss this matter f urther at the fi rst study ses- sion in De cember. * * * * * * Councilman Smith questioned City Manager McCown if a response has be e n received from the City of Sheridan regarding • I • • - 0 • November 20, 1978 Page 19 • • • agencies that use facilities from Englewood and the reimburse- ment thereof. City Manager McCown stated no response has been received and requested Council's permission to follow up with a second letter. COUNCILMAN WEBER MOVED TO INSTRUCT THE CITY MANAGER TO SEND A SECOND LETTER TO THE CITY OF SHERIDAN REGARDING AGENCIES THAT USE FACILITIES FROM THE CITY OF ENGLEWOOD AND TO STATE THAT IF THE CITY OF ENGLEWOOD DOES NOT HEAR A RESPONSE BY THE FIRST OF JANUARY THEY WILL HAVE TO LOOK ELSEWHERE FOR SIMILAR FACILITIES. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO APPOINT JOE BILO TO THE PLAN- (' NING AND ZONING COMMISSION VACANCY. Councilman Williams seconded the motion. • Councilmen Smith, Harper, and Clayton stated the list of other people interested in the position should be reviewed and discussed further at a study session before the vacancy is filled. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Mann, Taylor. Council Members Weber, Smith, Harper, Clayton. The Mayor declared the motion defeated. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEET- ING OF THE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • - • • • Novemb e r 20, 1978 Pag e 20 Nays : None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 10 :55 p.m. (}/7/Y~-z ~~· -F . City TI~rk • I • - - • • • • RESOLUTION NO. H_, SERIES OF 1978. A RESOLUTION OF TilE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWLEDGING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD MUNICIPAL GOLF COURSE TO PAUL T. BLESSING. WH EREAS , Paul T. Blessing has demonstrated the highest level of community interest and involvement through his work for the Englewood Public Schools and his service as a Councilman for the City of Englewood; and WHEREAS, he has demonstrated leadership in the promotion of the game of golf and the development of golfing facilities i n the City of Englewood; and WHEREAS, Paul T. Blessing has shown genuine and unselfish interest in the activity of golf as well as various other areas of recreation; and WHEREAS, the Recreation Commission of the City of Englewood has recommended that individuals who have made major contributions to the sport of golf be recognized by the Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Englewood, Colorado, that Paul T. Blessing is hereb y recognized for his contributions by being awarded the first ''Honorary Lifetime Golf Membership" to the Englewood Municipal Golf Course . 1978. ADOPTED AND APPROVED THIS-----day of --------- MAYOR ATTEST: ex officio City Clerk-Treas urer I, Wi lliam D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colo rado, do hereby certify that the above and fore- going is a true, accurate and complete copy of Resolution No . Series of 1978. ex officio City Clerk-Treasurer • I • 1- • • • • LIQUOR AND J.2 9E:H c ;;:E T APPLI CAN T: SUPREI'IE Ll QU OR S 51 12 S. Broad1·1ay Englewood, CO 801 10 Ti~E OF ACTI ON REQUESTED : Annua 1 Rene1 ~a 1 Reta il Li qu or Store Lic L~s e POLICE .A!'!D FBI R:?O'\T : ??~:OUS C!TY COt!!:CIL />C7lO::s i.JU RI ::G PiGO?. 7.'.'0 1T:.!Y-"i , ::: :·:C :"UDIIJG -'J:'iUAL F ii::w;.L : CITY ATT ORNEY'S REVIEW: cmmlffi NTS : • 2 B • I . • • • • r D"L 401: (Rt:V. t t /7 7 ) STATE OF COLORADO DEPARTMENT OF REVENUE D D RENEWALAPPUCATION FOR MALT , VINOUS AND SPIRITUOUS UQUOR UCENSES (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRS T) LIQUOR ENF ORCEMENT OFF IC ER 'S ACTIO N ~IG G I NS LAWftEN CE A ~~N , ~" J OHN F J R SU P ,I EME LIQ UOR S . 511 2 S BC wA Y Er.;GL E wOOO CL. APPROVE D /() I ?-?f 80 11 CJDJI ... J741 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAG ER, TRAOE NAME OR CORPORATE STRUCTURE . NEW TllADE NAME------------------ bATt SIQNATUilE Mloiling Address _________________ _ {IF THERE IS A CHANGE IN OWNERSHIP 00 NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .) IMI'Of!IAHT SEE INSTRUCTIONI ON THE REVERIE SlOE. MANAGER'S NAME--------------------------------- IF APPLICANT IS A CORPORATION , FILL I N REVERSE SIDE . BUSINESS PHONE NO·------------------------------ MAKE CHECK OR MONEY ORDER PAYABLE TO THE COlDRADO DEPARTM ENT OF REVENUE. RENEWAL APPLICATION FOR LIQUOR LICENSE(S) FOR THE YEAR ENOING TOTAL FEE(S) I UM ~-~O il lli.PCIIIIaiiiC. -· C l't V .. , . LIA IL.I 11-22347 j1 o oo6 1016 5 123lel I 1 23 1 7<J I .f 177.50 1 TYPE NAME ANO OESCRIPTION OF LICENSE FEE G kfTAIL UQUO!< :. TUtU LIC EI'l S t -,.ALTo \IIN GlJS. AN[; I~ I> IR 1TtJDu S -1 5 0 .\)l.) ·-nv 8~ PtR CE:H uAP H f ' 12/.'>u Do you havelllgliJ,Po ... •ion of tt.~..Wemts. for which this application for IM:ente it mad e?· _ __,YES.,.,.~--..---=,-------..,-.,.-=---- Aro tho promi• •od·<>< ,~;Rented If rontod, offoctl .. & upirotion date of ••se: 10/1/75 to l0/31/8 0 Yea Is applicant Is) or all officers of the corporation , c it izen Is) or l1wfull y admined of t he Un 1ted States of Amenca ? --------------- It the applic.nt, or 1ny of the pertners, or 1ny of the officers, stockhotden or d irecton of said appl icant I if it is e corporation), or omploy-afony a~ch, und• tho ogo of twonty<>no y•ro7r ________________ y.,, _____ No X H1s the 1pplicent, or 1ny of the JMnners , or any of the officers. stockholders or directors of utd appltcant (i f it is a corpora- tion) WVI/f been convict.t of 1 felony in the Stlte of Colorldo or bMn convicted of a crime elsewhere wh ich would const itute o felony If ouch crlmo had been oommittod in tho State of CoiO<odo 7 If 10. note f ull deta ils ________ Yos. _____ No X H111 theeppllcent, or 1ny of the JMrtnen, or •nv officer, d irector or stockholder of seid a pp licant (if it is a corpore t ion) ev•: X (o) been d oni«! o llcenoo under this liquor low7·---------------------v.._ _______ No·----- (b ) hod on olcohollc -.gollconooiUII>Ondod or rowkod7r _________________ y., ______ No,_~X~..-__ ...o If tho onawor is yos . oxpla ln fully (ottach ..-rote lheot, if noodod l Do you or eny members o f your f1mlly hive 1 fiMncill Interest In any other ltquor license? (Such fi nancia l interert to include X any equ ity int•ert or loans). If the answer it yes, expla in In deta il, _______________ v .. _____ No, _______ _ Don env '*'eon, f irm or corporedon hive 1 finenci8 1 Interest , IYidtncld either by loens or equity ownersh ip in the business for whlch thislicenll lt requested? If the lnM'er is yn, ttltl lllm• end lddr•s. end 1mourn of such fi rwnciel in t erest ••pressed either in dolllrt or other items of wlut,such 11 inventory , fu rniture, fix tures a nd equ ip ment _______ Yes ______ No X Lilt the nernea end addr .... of •II buti,....ln which •nY of the per10n1 In the prevlou s q uertton 1r1 inter es t ed . • I • • - • • • • • IF THE APPLICANT IS A CORPORATION , answ.,. (o), (b). (c), (d), and (o) Ia) Organ ized under the law of the State of_ __ --------_______ ., Date. ___________________ _ (b) Pr in cipal business is conducted at_ ____________ -------·· County of ____ --------· State o f_ _________ _ (cl Date of fili ng last annual corporate report to the Secretary of State ______________ _ (d) Name Home Address Ci y Date o f B ~rth Month, Da y , Year (e) Presodent: ____________ _ Vice Pres .. ____________ _ Treuurtr : ____________ _ Secretary _____________ _ MoMg•'-------------- DIRECTORS · List all D ir ect ors (at 181st 3 art requwed by Uwl (f) NAME HOME STRE ET NO . & CITY DATE OF BIRTH List e ll stockholders own i ng or controlli ng any of the capital stock of the corpor at io n . (Incl ude actual own• or pledge..) U M separ• • sh e., • "tMded NAME HOME STREET NO. & CITY PER CENT OF DATE STOCK OWN ED OF B I R Tt-' (The following affidlivit to basig~ end ac:knowt.tg«t by indivtdual11nd eac h member of ~rtnet"ships and by Cor poration I STATE OF COLORADO County oi __ _,Ar,.,_,a.,pab.,...,o.,._ ___________ -ll•· __ ..,.Jua.,h.,niL-..,Pc.....JH:ao•~nDIIDillOO~-------------- •nct l,wrepc• Artbu• pt .. fne , b.ing by me first duly sworn, if fo r h imsetf , deposes and uys; tMt he is the epp l1~nt tbotvenlmtd, or t~t he it partnere (T ltlt) of the abo"'t rwm.t corporetion; thet he his reed the for-vo~r~g a pphatkm tnd that he knows the contents th•eof, and thtt ell metters and th i ng~ thll'tin set forth are true of h is own knowledge and he agren to conform to 111 ruin and regulattOnt promulpttd by the Stlitt Oepertr:nent of R......,ut in connKHon m.,.w,th . Subtcrbtd and tworn to before me --J_...: .... this 2D4 ~--~ .. of .: I·', ~-%~ttL -~·vPUO;r .... ___ _ Att1ch S.al Offic:« of Corporetion Sign hore : (CO RPOR:ATE SEAL) Mv commlnlon ••• ,,., ____ _,S.,eapl<Jot"'wb_.,er...__.l"'O.., • ..._.l .. 9ZLZ.Iia._ ___ ev'-------:::-:---::---::----------- <Pr••taent 01 Se creter y) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Wholesalers, Importers and Publ 1c Transportat•on Systems d isregard this section) The fore going aoo i1U t lon nu oee n e.otam meo ana tt'le oremtses, o ustn en conaucuu:J and ct'l aracter 0 1 the aoohunt 1s \atts fa ct o r v, and wt d O rtoor t trUtl such licen se , H gr a n ted , will meei the reasonable reauu ernenu ot tne netgt'IDOrhaOd at'IO tro e oesues ot t t'le tnl'l abttanu, 1n0 comoll es wtlh the orovlston of Art tete 4 7, Ttt te 12, C R .S 1973 THEREFOR E TH IS APPLICATION IS HEREB Y APPRO VED . O A T ED AT.:_ ______ THIS-------OAV O F---------· A 0 19-------- (NAMEOFTOWN,CITVORCOUNTY) ____________________________________________________________________________ _ {MAVOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS O R O THER TITLE OF LICENS ING AliTHORITV.) ATTEST ! CCI.,.ER K OR SECRETA RY OR OTHER OFFICER H A VING THE O FFICIAL SEAL OF THE LICENSING AUTHORITY .) (II the premlwt are IOQt.d with in e town or city, the abotte •ooroval shoula be 1i 9"ed by the m..yor and clerk, If In 1 county , the, by U"te c.n alr rn.n o f tne ba.rd of county oommlu lonert and t ~e cle;k to the board. If , by ordinance or otflerw iM , the local llc:~sl ng authority Is some o tnar official , thel'l such approval should be 91~ by suc:tl ofrtclal.t 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 ANNE X BUILDING, 1375 SHERMAN STREET , DENVER , NO LATER THAN DECEMBER 1. I • I' • • • • '· / I ' I ' y I . ' \ I TO: ~a r ily n Irons FRC ·1: Ca ptai n Ron Fr azier ~o vc ~be r 14 , 1978 SUeJ ECT: liquor Ou t I et Ca I I Repo rt s Th e fo ll o >dng r ecord of po l ice res pons e io I icuor e:sta I ishr1e nts Is fo r the per i od of Novembe r I, 19 77 t roug No v!""'l !:'er 1, I ' 7E.. Po i ice .\ssi~tc nce Requ ~s ts Po l i ce l n iTiL.i (d ~e;->o 1 ~~s ~i o :at ions cf Lie~ s ~ 5E l LEV I E\'.' 80\.'L Po lice Ass istance Request s 0 o i ice Initiated Reports Vi olations of l i c ense * 10 0 c 8 I I / *01-07-78: incident Report: Three subjects were obs erved by Po l ice Officer l e av ing the l oung e area with open beer cans . Off icer advi sed subj ects an d barten der o f violati on. No f urt her action ake n . CASUA L LOU NGE Po i ice Assistance Re quests Po lice Ini t iated Report s Vio lations of License* 24 r r *05-26-78: incident Repo rt; The estab lis hment di d not abide by 0200 hour closing. Poi ice Officer explained vio l ation to the pat r ons and the establ ishment . No further action taken . • I • • · A.R BOARD Pol i ce Assis7anca Re uests Po l i ce lniti a ed Rep~r s Vio l a t ions o~ Li c ense* * 07 -26 -73 : Incident Repo r t: in est=bl is ~ent after 020 0 23 I • • • '· Officer obsen·ed patrcn CC'1!"U ing I iouor ou s . Patrors and estab l i s hrnen arned o f violatic~. No fu rt he r z ct icn ~a ken . DRUG FAI R Po l ice Assistance Req ue st s Po l ice Init ia ted Reports Vio l a tions of License E \G LE\~000 EL KS LO DG E Po l ice Assist a nc~ ~eques t s Pe l i ce initi uteu ?~ro r t s Vio l ations of License FRATERt!AL OP:JE'\ ~.F E."GLE S Poi ice ~s sistan c e Req uest s Pel ice I nitiated Rep orts Vio l ations of License GLASS BOTTLE LIOUORS Pol ice Assistan ce Requests Pol ice Initiated Reports Vio lations of License HAV PDEN WEST Pol ice Assistance Requests Pol ice Initiated Reports Vi olations of License HI LOA'S CAFE Pol ice Assistance Requests Pol Ice Initiated Report s Vio lations of License 14 0 0 7 0 0 2 0 0 I S 0 0 23 0 0 4 0 0 • I • • ({ < • I -· -~ . -' ' ' • -• _, 1.,. ... ~,.,l ...... ._._:; Pol ice Pssis7 ~-c ~ -~1uests Po I i c In it i a1 e-d '\;;p or s Vio lations of License ~o! 'ce A~si:~a; ~· ~~c:ests ~·.)li s:-l;'li+i~fc j -:c-c.~-t,:: Vi o lations c f L;ce r se OLD TO'o:t ; LI OUC=!S Po l ice Ass i $t anc c Reques7s Poi ice l nitiat sd ~e ~or+s Vio lati o ns of Li ~er se ~o l ice ~\ss i ~.-;-.1c ; .. ~.-.. ~- tc..li :e i n i ~i ·"r.: ··c ·_,---c, \';o!-=tic.;~.s uf ~i .:-;-· ,~,; 0 o! i c e fs~ista ~ce ~e q~e~ts Pe l ice Initiated Report3 Vio lations of License * c ~ ' \ (' 0 (1 ,- • • • ' / \ *0 1-20 -78 : Inci dent Rep ort: Re por ing officer observed two un der-age subjec ts purchase beer , Both subject s arrested end suru'lons issued to e stacl ishm e nt. THC1ROE'RED L I OUO RS Pol ice Assistc:nce Requests 2 Po l ice Initiated Peports 0 VIola ti ons of License 0 V.F .W. Po l ice As s istance Re oue• s 4 Pol ice I n i tiated Reports 0 VIola t ion s of Ll c e s e 0 Z I W·1 ER:!JI.tJ ' s Po l ice As s istance Requests 3 Pol l ee Init i ated Reports 0 i ol!!tions o License 0 • I • • - ( • • tiove.bar 22, 197S l.avreACe A. ~ina JobA F. H•oaoo, Jr. Supr.,.. 1.1-iuora Ul2 S. Broadway ~lavood, Colorado 80110 Dear Heaara. His&Ln• a1ui .i&Dao11: • • • the IAalewood City Couocil did not renew your &.tail l.i~uor Store l.iceoaa at ita aeetiD& of Hovembar 20, 1978 •• achedulad. The ~: .. aoo b tbat the Police Department report abova that your aatabliabaeot vaa iaaued a auamona for aale of beer to ainora. the City Couocil re~u.ata tbat you appear at the City Couocil ••tina on Dec:eaber 5, 1978, vbicb 1a beilli beld ill the Council Ch .. ftera at 3400 ~outh Elati. You will be acbeduled to appear at 7130 p .a. The pur.,oae of your appearance will be to diacuaa the Rolice Dapartullt report. If you bava any -.uaatiOAa, pleaaa i1va me a call. CQrdially, William D. Jamea v' D1rac~r of FiD&Aca WDJ/JlW cc: J.Ady McCown, City Maut&6er catlFI&D W.U. • I . - • PRESENT : ABSENT: OT HERS PRESENT : • • • MINU TE S BOARD OF CAREER SER VICE COMMISSIONERS October 19 , 1978 Thursday Judith Henning , Jo Elle n Turner , Robert Brundage , William Hanson , Edward White None Me l BeVirt , Hu g h Brown , Judge Parkinson , Carolyn Boett ger , Ch i ef Robert Holmes , Al Rhoades , Officer John Wing . ********** 5 A Commissioner Henning cal l ed the meeting to order and asked the Board if there were any additions or corrections to the September 21 , 1978 minutes . Commissioner Hanson moved and Commiss i oner White seconded to accept the minutes of the September 21, 1978 minutes as distributed . AYES : NAYS: Henn ing , Turn e r, Brundage , Ha n son , White None ********** The ne xt item on t h e agenda was the Employee Association 's Cho i ce . Al Rhoad es stat e d h e had nothing to report . ********** The next item on the agenda wa s the City Manager 's Choice . There were no representatives present . (Andy McCown and Jim Curnes were atte nding an ICMA Conference in Cincinnati at the time of this meeting .) ********** The ne x t item on the agenda was the Employee Relat i ons Director 's Ch o ice . Mr. BeVirt stated that h e had j ust recei v ed the City Attorn ey 's response to the Boar d 's request regarding the reclassi - ficatio n vs . promotion issue within the Municipal Court . After serveral minutes of revie1.; and questions , Mr . BeVirt explained that • I • • Board of Career Service Commissioners Minutes Page Two • • • from the Cit y Attorney 's response, it would appear that incum e nl ~ who are occupying the newly created position of Deputy Court Clerk would , through reclassification , be classifi ed as Deputy ourt Clerks and it would not r equ ire any fur her te tin g to acq ire that status . Mr . BeV irt further stated that it was his opinion that the City Attorney 's response doesn 't accuratel y refl e ct the situation in the Municipal Court with r egard to Deputy Court Clerk and how the position was created . Mr . BeVirt then requested and recommended that before th e Board ac cepts the opin ion of the City Attorney regardin g reclassificat _on , that a meeting be schedul ed with the City Attorney to discuss how he arrived at his opinion , and if that opin ion would apply in all cases where employees we r e upgraded in pay . Mr . BeV irt assured the Board that , pending the outcome of the meeting with the City Attorney , there would b e no loss of compensati o n or permanent status t o the two employees in question who are presently acting Deputy Court Clerks and receiving compensation , because the action t o permanent status cou ld be made retroactive to the date that they were upgraded in the acting capacity . Comm issioner Henning stated that the q u estion was in reference to "an estab li shment of a new position '' and not just the r ec lassifi -cation of a position . Mr . BeV irt replied that he fel t the City Att orney was referring to a different situation rather than what i s present with the Court , and if the Board accepts the City Attorney 's opinion , he wanted to make sure that it will apply to the Benchmark Classification P lan and that everyone understood it and could make the necessary adjustments when the Benchmark Class ificati on Plan was adopted . Mr . BeVirt also pointed out to the Board that if a meeting with the City Attorney i s held within ten days or before t he next Board meeting , the Board could at that time take action on the matter . Comm issioner Henning asked Judge Parkinson if he had any comments to which Judge Parkinson replied that he was opposed to the situa- tion. Judge Parkinson further st ated that the Court 's rec ommenda- tion was clear in that the two incumbents are pe rforming the exact uties of the posit ion and therefore he was requesting a motion from the Board to g rant these employees permanent status . After further discussion , Judge Parkinson pointed out that , from rev iewin g Career Service Board minutes , it was revealed that there were similar situations where the Board had simply reclassified or upgraded a position . Mr . BeVirt replied that the Career Service Board minutes should a lso reflect that none of these positions were newly crea ted . Mr. BeVirt further explained that the positions Municipal Court referred to were reclassified positions and that in this particular case , the City Council had created a new position . Mr . Be Virt also stated that he wasn 't sure if the City could backtrack and rec lassify the i ncumbent employees into these newly created • I • c ( • • • • Board of Career Servic e Commissi o n ers Hn tes Pa e Three posi ions . Mr . BeVirt reit e r ate i y At o rney be reviewed before his mat er . ha a clear o inion from the he Board akes any ac ion on Comm issioner Brundag e moved that th e Boar Attorney or his assistant be presen t wh en necessary or when p resented to the Board . seco nded the motion . r eques t he Ci y l e al opinions are Commis i one r Tu rner AYE S : Henning , Turn er , Brundage , Hanson , White NAYS : None Co mmissioner Brundage th en moved and Co mmissioner Turner seconded that a meeting be schedu le d with the Cit y Attorney within t e n days re g arding his opi ni on conce rning Municipal Co urt positions . AYES : Henning , Turner, Brundage, Hanson NAYS : White Judge Parkinson then stated that he wanted the fo llowing statements a part of this record. "This brings a strong suspicion to Municipal Co urt that when a Court action is requested of this Board , it is treated in a different manner. It also brin gs up the question of why . It seems to us t hat we 've d o ne every - thing we can . #1, the lan guage of the o r dinance seems to be unambi g uous and clear ; #2 , We 've waited for 60 days even for the receipt by this Board for the Attorney 's opinion whi ch the Court feels is unambiguous and clear . We seem to face e very meeting with something else has to be done. We reques ted at this meeting , which was declined by this Bo ard , to at l ease make a fin di n g of what these employees should do . Is ou r repr esentation true or fa lse -that they a r e doing precisely the same thing befor e we even made a recommendation and th at all we 've asked for was a change in the job description t o more accurately reflect what they do and the r eclas si- fication into the proper grade , The record should refl ect if it doe s n 't in the minutes , that that r eques t was denied . The Court itself made a survey as to what similar positio ns were paid in other metr opo litan areas . That record is be fo re th e Board . We have a strong feeling that t he Court is gettin g t reated d ifferently wh en it pet iti ons this Board than a t a ny othe r meetin gs , and I stand o n that statement." • I • - • • • • Board of Career Ser vi ce Commissioners Minutes Page Four Co mmissioner Hennin g r epl i e d that s he f e l t the Board 's problem in thi s matter is that th ey are faced with th e r eorgani zat ion of a department by l eg islative action of t he Cou n c il . Co mmis - sioner Henn ing state tha t the Boar is treading , o n what th ey f ee l is new g round , a nd they are re lu n ctan t t o establish prece - d ence o n new ground , unle ss they thoroug hly understand what they are d o ing . ********** The next item o n the agenda wa s the Commissioners ' Choice . The Commissioners had n ot hing to report . ********** The n ex t item on the agenda was John Win g 's grievance . Officer John Win g requested that the Board c hange it s decision made last month denying his grievance of working 41 hours a week and o nly rece iving compensation for 40 hours a week . Officer Wing stated that other employees of the department work 8 hours a day and are also granted the half-hour lunch period that the City Manager refers to and are not required to report to work 15 minutes early . Officer Wing further expla i ned that the ha lf-hour lunch is not a half-hour break , but a half-hour that you are relieved from routine patrol . Officer Wing went on to say that th e officers are not relieved from du t y because they are still on call . Officer Wing suggested t hat as a re li ef , an overlapping shift be put int o operation . Officer Wing a ls o concluded that the City , from his calcu lations, was gett ing two or three additi o nal police officers with no pay . Therefore , Office r Wing was appealing to the Board to reverse their dec isi on and hear his grievance in its entirety. Co mmissioner Henning asked Officer Wing how long he had been on the force to which Officer Wing replied 8~ years . Commissioner Henning aksed if this had always been the case where officers were required to report to work 15 minutes early . Officer Win g replied no , but that since Chief Holmes had been in o ffi ce , it had been required. Com missioner Hennin g then asked Chief Holmes if an officer is docked any pay for missin g a roll call or being late f o r r o ll ca ll . Chief Holmes replied that they were not d ocked , but if an offic er co ntinued to be late, he could be disciplined for it . Of ficer Wing contended that detectives , laboratory personn el and communicators work 37~ hours per week and still get paid for 40 hours a week . • I • - ( • Board or Career Ser vice Commissioners Minutes Page F iv e • • • After further discussion and questi ons , Commis sioner Henning asked if the Board wanted to reconsider th e i r mo ti on denying Officer Wing 's grievance. Commissioner Turner stated she didn 't reel that they should r econ - sider or r eopen t he g r ieva nce . Commissioner Turner suggested that since the grievan ce was worded p o orly , that maybe Officer Win g should fi l e a ne w grievance . Commissioner Henning then stat ed that Officer Wing isn 't being treated any different than any othe r officer on the force . Comm i ssioner Henning went on to state that unless the Board js faced with a grievance from all the officers or the force that worki n g conditions are so bad at this point that some compen - sation has to be made for it , she for one was go ing to uphold the motion not to hear this g ri e vance . Co mmissioner Henning reiterated that Officer Wing wa s not being treated d ifferent ly than the other off icers on the force and t herefore she didn 't think that its in t h e jurisdiction of the Board. Co mmission er Br undage moved and Commissioner White seconded to recons i de r the d ec i sion of the Board t o deny Officer Wing 's gr ievance . AYE S : \vhite , Hanson NAYS : Henni n g , Turner , Brundage ********** The next item o n the agenda was Home r Richard 's grievance . Mr. Be Virt stated that Mr . Richard 's attorney had phoned earlier to s ay that he had a previous engageme nt and would not b e able to attend toni g ht 's Care e r Servi ce Board meeting . Mr . BeV irt sugges ted that the Board reschedule a time and date to meet with both parties . It was mutually a g reed to place Homer Richard 's g rievance on the agenda for the ne xt regular Career Servic e Board meeting . ********** • I • • • • • Board of Ca reer ervice Commissioners :-'linute ?a e Six The next item on the agenda was the Declaration of Vacancies. The vacancies o f Cus t od i an (Pub li c Works), Recreation Leader-Aquatic s , Sports , and Public Relations (Parks), Ditch Ri d er (Utilities), Maintenanceworker/O perator Trainee (Wastewater), a nd Maintenance - worker (P ublic Works) were declared . Commissioner Hanson mov ed and Comm issioner White seconded to appro v e t h e declaration of vacancies . AYE S : NAYS : Henn ing , Turner , Brundage , Hanson , White None ********** The next item on th e agenda was the approval of the eligib ility lists . Comm i ssioner Wh ite moved and Comm is sione r Brundage seconded to approve the follow i ng eligi bility lists : Eng inee ri ng Aide I (Engineering) Recreation Superv i sor (Parks and Recrea t ion) Police Officer -4th Class (Police) Equipment Operator I (P ub l i c Works) AYES : NAYS : Henning , Turner , Brundage , Ha nson , Wh i te None ********** The next item on the agenda was the Acceptance of the Personnel Action s . Mr . BeV irt suggested a mot i o n r egarding the rein s tatement of Mi chael Renner . Mr . BeVirt stated that based o n Mr . Re nner 's work record and the rec o mmendati o ns from his super vis or , Ci ty Man - ager and himself , that he be reinstated . Comm i ssioner White and Commissioner Hanson seconded t o reinstate Mic hael Renner with his former status not b ein g disturbed . AYES : NAYS : Henning , Tu rner , Brundage , Hanson , White None • I • (_ ( • • • • Board of Career Service Commissioners Minutes Page Se ven Commissioner Hanson then moved and Commissioner Turner seconded that the remaining list of personnel actions be accepted. AYES : NAYS : Henning , Turner , Brundage , Hanson, White None ********** Commissioner Henning called for a motion to adjourn the meeting . Comm issioner White moved and Commissioner Hanson seconded to adjourn the meeting . AYES: NAYS : NEW PROBATIONARY EMPLOYEES : Beck , Ronald H. Chatman , Alec P . Cloyd , Roger J . Kasch , Lynn Edward McHale , Joseph C . l'lil ler , John E. Mo rris , Toni A. Os ieczanek , Cynthia M. Smaldone , John G. Tracy , Carolyn Henning, Turner, Brundage , Hanson , White None ********** Police Officer -4th Class Effective 10/10/78 Mechanic 's Helper 3-A, Effective 9/18/78 Pol ice Officer -4th Class Effective 10/23/78 Firefighter -4th Class Effective 9/26/78 Pol ice Of ficer -4th Class Effective 10/1 2/78 Engineering Aide I 3-B , Effective 10/16/78 Administrative Assistant -Housing 8 -A, Effective 10/11/78 Law Enforcement Aide 3-A, Effective 10/1/78 Mechanic 's Helper 3-A, Effective 10/2/78 Recreation Supervisor 8 -A, Effective 10/23/78 • I • • • • • • • Board of Career Service Commissioners Minutes Pa!;e Eight RESIGi~A TIONS : Arms trong , Donald Dol an, Sherri Hoo ver , Brett C . Renner , Mi chael F . Reyno lds , Charles J . DISM ISSALS : Hollister , Donald W. tuart , John M. RETIREMENTS -NORMAL Mi lner , Gera l d I Travis , Albert L . RETIREMENTS -DISABILITY Taylor , Brooks H. REI NSTATEMENT Renner , Mic h ae l F . Maintenanceworker 2 -A, Effective 10 /6/78 Emergency ommunicator 4 -A, Effective 10/16/78 Maintenanceworker 2 -E , Effective 10/13/78 Maintenanceworker 2 -D, Effective 9/22 /7 8 Po lic e Officer -lst Class Effective 10/17 /78 Maintenanceworker Ope rator/Train ee 2 -A, Effective 9/18/78 Driver/Operat o r/Engineer Effective 9/ 5/78 Mechanic 6 -E , Effective 10/1/78 Ditch Rider 3-E , Effective 9/29/7 8 Traffic Engineer 1 1 -E , Effective 8/1/78 Ma in tenanceworker 2 -D, Effective 10/23/78 • I • • • • Board of Career Service Commissioners Minutes Pa ge Nine PROBATIONA RY T~ PERMA NENT WITH INCREASE : Antero, Gilberte Hall , James Hand , Beth J . Schneider , Susie M. Tardy , Eugene F . ANNI VERSARY INCREA SES : DeLia , Thomas Haselgren , James Havener , Gary L . Tyson , Gary L . PRO~lOTIONS : Baker , Carol L . Dady , Lester J . Slater , Ellis Trunck , Stephen Equipment Operator I 4-B , Effective 10 /1 /7 8 Apprentice Operator/Trainee 2-B , Effective 10/1/78 Recreation Supervisor 8-B , Effective 10 /1/7 8 Code Enforcement Officer 7-C, Effective 10/1/78 Police Officer -3rd Class Effective 10 /1 /78 Bookmobile Driv e r 3-C, Effective 10/1/78 Carpentry Supervisor 7 -E, Effective 10/16/78 Assistant Director 11 -D, Effective 11 /1/7 8 Maintenanceworker 2-E , Effective 11/16/7 8 Emergency Communicator 4-B , Effective 9/16/78 Mechanic 6-A, Effective 10/2/7 8 Eq uipment Operator I 4 -D, Effective 10/16/78 Driver/Operator/Engineer Effective 9/26/78 ( TEMPORARY APPOINTMENT TO ACTING STATUS : Goosman , Betty Acting Buyer 6 -C, Eff0 c tiv e 10/1/78 --~~------=-----------------------~ • • I • • • • • • Board of Career Service Commissioners ~1inutes Page Ten DECLARATIO OF VACANCIES : 1 . Custodian (Public Works) 2 . Recreation Leader -Aquatics , Sports & Public Relat i ons (Park ) 3 . Ditch Rider (Utilities) 4 . Maintenanceworker/Operator Traine0 (~aste w ater) 5 . Maintenanceworker (Public Works ) APPROVAL OF ELIGIBILITY LISTS: 1 . Engineering Aide I (Engineering) 2 . Recreation Supervi sor (Parks and Recreation) 3 . Police Officer -4th Class (Police) 4 . Equipment Ope rator I (Public Works/Streets) Respectfully Submitted , ~i~w Chanita Hollins , Recording Secretary APPROVED : • ) I . c • • • .. ENG LEWOOD PUBLIC LIBRARY BOAR D MI NUTES No vember 14 , 197 8 5 The Englewood Public Library Board held its regular meetin on No vemb e r 14 , 1978, in the Library meeting room. Present: Beaver, Busch, Clayton, Mueller, and Sterling . Absent: Bennett, Cloughesy, Lighthall and Shattuck. Also Present: Harriet Lute, Director of Libraries Eileen Browne, Recording Secretary Sue Mueller, Chairman, called the me e ting to order at 7 :33p.m . Councilman Clayton made the motion to approve the October minutes as r ecorded; seconded by Lois Sterling ; the motion carried unanimously. Lois Sterling s tated that the Fri e nds book sale was a tremendous success. It ran from 7:30a.m. until 7:30p.m . and cleared $714. Dorothy Wh ee lehan, Chair- man of this year's book sale is drafting a pro ce dure for future book sales. The Friends will once again host the Mayor's Christmas Party after the Tree Lighting Ceremony at 7:00 p.m. on December 8, 1978. The Friends have been asked to collect cookies for the party. Lois Sterling reque sted that each member of the Library Board contribut e 10 dozen cookies o r as many as they felt they could for the party. The Friends are revamping their constitution and bylaws in order to mak e them more specific . New officers of the Friends will be installed in March of next year rather than in February. Library Board Members will be requested to be present at the installation. Brand Eate r has bee n assigned to the position of Secretary of the Friends for the remainder of the term. David Clayton made the motion that any members of the Library Board wishing to attend the Regional Conference on Library and Information Services have their registration fee paid from Library Board funds; seconded by Merl yn Beaver; the motio n carried . Board members were asked to encourage non - library related persons t o attend this Reg ional Conference. Sue Mueller passed out copies of the draft of the "Manual for Colorado Library Trustee s" which had been distributed and discussed at the recent Colorado Library Association Conference. Miss Lute distributed co pies of the "Guidelines for the Englewood Public Library" to the Board . The Director indica t ed that it was extremely important that the Library Board review the Guidelines and asked that they pay particular attention to the section entitled "PURPOSE." Sh e • ) I • • • • • • -2 - requested that the Board make the necessary changes to describe what they want their Library to be. Miss Lute reminded the Board that the City Code states that the Library Board is to prepare a master plan for the Library and that the Guidelines should reflect the desires of the Board and of the Community. After some discussion it was decided that a small committee be appointed to review the Guidelines with the other members of the Board giving their opinions to the Committee by telephone . The Committee is to be comprised of Lois Sterling and Paul Busch with the assistance of Miss Lute. Guidelines Committee to meet at the home of Lois Sterling at 5:00p.m., on November 28, 1978. Librarian's Report: The October Music Magic attendance was a little disap- pointing and the reason for this was not known. The new Library meeting room was used by other groups totaling 128 persons for ten meetings. These were mostly City meetings. The Bookmobile Librarian is making story hour visits to SEMBCS . Arapahoe Regional Library District payment was down because of the loss of Arapahoe patrons during the expansion. Miss Lute distributed a chart comparing the Library and Bookmobile circulation for 1978 and 1977. The Children's Department will have its Christmas tree decorated by the children with their home-made decorations on December 11, 1978. Member's Choice: Sue Mueller reminded the Board that there would be three vacancies on the Library Board in 1979 and that any person interested in becoming a member of the Board should write a letter of application to the Mayor. Lois Sterling requested that a letter of thanks from the Library Board be sent to Dorothy Wheelehan for her work on the Friend's book sale. Sue Mueller stated that she would send a letter as soon as possible. There being no further business the meeting was adjourned at 9 :25 p.m. • I . - • • TOt Supervisory Committ;g~ W. J. Brookshire ·(/f(> October 197 8 Monthly Report INTII.oFPICE MIII'OIANDUM • • • 5 C; DATI: November 20, 1978 During the month of October 1978 the Littleton/Englewood Treatment Plant continued to meet the discharge permit. At the end of the month (October 30, 1978) the cryogenic unit was taken out of service to make repairs to several leaking valves and other minor repairs. At the time of this report it looks as if some major problems with the unit are possible and they will be in the next repor~ if confirmed. Two positions at the plant resulting from a termination and resignation in the later part of September have not yet been filled, but the recruiting is in progress and should be filled by the end of November. The City Council authorized ten new personnel at th&·Littleton/Englewood Treatment so the recruiting for these additional positions is in progress with the anticipated fi lling of the new positions to begi n the first of December ana personnel added on a continuing basis until the positions are filled. There has been no unusual expenditures during the month so the budget was expended as anticipated. There is still a continuing problem with the various in-plant sewer lines due to the calcium precipitate from the lime being used in sludge dewatering. The centrifuges are still breaking down intermittently due to the ammonia atmosphere in solids handling. The odor from the primary clarifiers is still very evident. The engineer (H.D.R .) and plant personnel are attempting to find a solution and hopefully the odor can be reduced in the near future. Enclosed are the monthly reports for the plant as requested by the Committee . Bill HJB:pc Enc. • I • • • • • WASTEWATE"R TREIIT lE NT PLArJT 10N THLY REPORT ~O IT H /YEAR October 197 8 1. To t a 1 Ra w Se ~1age Proce ss ed 484 2 . /lve t·a ge Da i l y r-l ow . , r-1t1X i111U IO Day r l ow . -'· 4. ~1i nimum Day Fl ow ~). Sludge Removed BOD Influent SS Influent Fl ow 130U Eff l uent SS Effluent Ch lo r ine Effluent Fecal Co liform Effluent illllli!lll i.t E ffl uen t 1<1 M/110\~: 1'1 . 15 .6 Mq 18 .2 f•q. 12.2 '·k1. 266.6 T l)n~ L i tl eton {2 ]4.2 PPM}( 18,936'} ( l96~5 PPM} ( 17 ,371 '} (159.0 1'1'~)(6 ,630 I ( 152.2 1'1'~1)\ 6,34 ( 10.6 1/l<f•:} I 5.0 h<J< 14.0 PP~1 _] Z.li _ PP ..0....51._ PPM 1 ,000 _. IX~ #/100 ml. 13.4 r·r · l'r nJM£'<.1 b_r C. Caudill I . • • • WASTEWATER TREATMENT PLANT MONTHLY REPORT MONTH/YEAR ~t ob~ _]J.l_~ ___ _ CHEMICALS USED 1. Alum .. ., ., ; 18,880 "·~~~· 2. Chl ori n·e · 11 ,695 # 'o~ Ton s ' ' 3. Ferric · Chloride 8 ,04 0 fi or Ga 1 . 4, HTH 100 # 5. Hydrochloric Acid ·-:. 990 Gal. 6 : Hydrogen ~eroxide -0-. # or Ga 1 . 7, Lime 83 .4 Ton s 8. Oxygen -0-CF 9. Polymer ( 944 . . ).'' .'·. 80 Gal . xi!: 10 . Polymer ·.( 510 :. ) 852 Gal xlk 11. Polymer ( 855 ) 1500 # 12 . Po 1 yphos ph ate 387 # • 13. Sod1UIII Hydroxide 1100 ----II or Ga 1. ,:·.·., ' ,1.,: •. •' ·"~ . I . Prepared by __ C. Kerven • - • • • • • WASTEWATE R TREATMENT PLANT MONTIIL Y RrPORr MON TII/Y EAR Oc tober 197B Lbs. ss Inflow Lbs . SS Cent., Fi 1 t. & ~up. ,·;. (Grit easin Eff.) Tot.' Lbs . --~ Pri. Clar . 29,091 . . lbs. ss to Act. Sl. 11 ;Q58 .... -.• lbs. BOD to Act . Sl. x· .5 = lbs. Geri. Sol ids · a;o66 Tot. Lbs. !.-1 Act . Sl. 19 124 lbs. Pri. Sl. --~ Prf.,Ofg . 15.000 Lbs. Sec. Sl. --~ Pri. Dig. 14 09,-"0'---- Tot. Lbs. to Pri . Dig . ___ _?__9J_900 Lbs. TS into Dig . x % Vol . Lbs. Vol. x S Destruction Lbs. into Dig. -Lbs . Vol. Lbs. Vol. -Lbs. Oest. Lbs. Vol. Renia1ning + Lbs _. Fixed SHOULD filter ACTUALLY filtered = Lbs . Vol. = Lbs . Dest. • Lbs. Fixed • Lbs . Vol. Remain ing = Lbs . to Fil t. 8:6 Ton/Day 7.06 Ton/Day 1."54 Ton/Day Net Gai n in IJiqe s ter OR 95480 Gal, Gain OR 2.5 Ft . Increase i n Digester .. .2.?,040 .. l_l_,nHI _________ _.QJ _q_uo_ .. 10,359 Pr · .. pctrl'd lly C. Kerve n I . • • • • ~M O~N _D_U M ~~ TOo Andy McCown, City Manager ~:;ill' FROM: William D. James, Director of Finance~. John R. Lowry, Assistant Director of Finance~ DATE: November 30, 1978 SUBJECT: Municipal Finance Officers Association Annual Conference The national Municipal Finance Officers Association annual conference was held in Houston, Texas, May 14 -18, 1978. In conjunction with this conference we spent two days in the Dallas -Fort Worth area talking with various officials of Garland, Arlington, Irving and Fort Worth on their ap- proaches to budget preparation, control and presentations of the annual budget. We found only two of these communities offered information that was substantially different than our present budgeting system. Garland and Fort Worth both had a more complex system of budgeting which, if you will recall, was discussed at length shortly after our return from Texas. We were able to obtain the various budget documents from these entities which has enabled us to follow though with our own experi- mental budget with the Parks Department; and hopefully, we will be instituting these ideas in our future budgeting sys-tem. While we were only able to attend the conference for two days I concentrated my attendance to the budgeting and pen- sion/retirement sessions while John concentrated on the fi- nancial reporting and accounting sessions. Those areas discussed in the financial reporting and account- ing sessions covered three basic areas of discussion: chang- ing standards in governmental accounting principles, bond disclosure and consolidated financial statements. As you know the City has developed a system for completing consolidated financial reports and in fact consolidated state- ments were issued for the year ended December 31, 1977. Other sessions that I attended included retirement systems and budget formats. The retirement sessions went into em- ployee benefit packages and possibly regulation by EIRSA . • I • Andy McCown, City Manager November 30 , 1978 Page 2 • • • One session was of particular interest in the use of money managers vs city investment of retirement funds. As a re- sult of that session we are exploring the possibility of the City managing the investments of retirement plans and thus saving substantial dollars paid to money managers. The budget sessions focused around the budget processes used mainly by Tallahassee, Florida, and Memphis, Tennessee. These two systems were far more advanced that the City of Englewood would ever need; and it is questionable whether these budget systems provide needed information for Council decisions. We do feel it was helpful a nd ~vorthwhile for both of us to attend this session as we were able to cover more of the conference material which would have been impossible with only one in attendance. /jlw • I . ]- • • • • • • COUN CIL ACTI ON REQUEST LIQUOR AN 3 .2 BEER OUT LETS APPLICANT: Belleview Bowl-0-Mat Lounge, Inc. 4900 S. Federal Blvd . Englewood, CO 80110 TYPE OF ACTIO N REQUESTED: Annual Renewa l -Tavern Liquor License POLICE AND FBI REP ORTS : See attached PREVIOUS CITY COUNCIL ACTIONS DU RING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATT RNEY' S REVIEW : COMMENTS: b A I • • • • • ' D"L40Z I IItii.Y .t tt lll STATE Of COLORADO • • DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT , VINOUS AND SPIRITUOUS LIQUOR LICENSES DO NOT WRITE' I N TH IS S~A C~ (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LI QUOR EN FORCEMEN T OFFICER 'S ACTI ON .u:n• orn•O ...,.._OVAL OF LOCAL LtCINIING AUTHOfUTY IF B~L L .->'1 ~~'> l:l l (. APPR OV ED /V -/d-?f ~~~~~~Aflt Dt:PA"TlllfNT OF IIIEVlNUE IT AT( CAf'tTbl ANttiiEX ,U7S IHIIIIMANST .. Of.NVER, COLO. 10203. 13031 Qt-3741 !':•\T l .J t. .. l>L !. ._ 4 Juv S F :O:J 1 LV O ~·'-i.?L t:"WOG~ C .~ uC ll G I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APP LICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CO RP ORATE STRUCT URE . NEW TRADE NAME-------------------- bATt SIGNATURE Mailing Address ------------------- ( IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE T HIS FO R M USE AN O RI G INA L APPLICAT IO N .) IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SlOE . MANAGER'S NAME Arne Nelsen IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE . BUSINESS PHONE NO. _ _....5.il.9..,2.::-;;z9'-'l ..ll6u.l __________ _ MAKE CHECK OR MONEY ORDER PAYABLE T O TH E COlDRAOO DEPAR TMENT OF REVENUE . RENEWAL APPLICATION FOR LIQUOR L CENS ( ) I E S FOR T HE YEAR ENDING TOTAL FEE l S) I vsc~•~~:~•o • COVNTV C IT V t .. O~T v l.I .... ILI V 11-:;z cs4 /' I 1 0 u 0 .L ,J C,.H 3 c ·,z e7 ~ I 1 2 .H 7 ~ I ( ~,,r ;.~.~ " ' TYPE -NAlili A'NU DESCRIPT I ON OF LIC ENSE FEE IPV c kr\ l l \h.:uo{ LI U: ~s t-o',A l T , vi o ~u l.S , t.N[) .")1-'l ,• J I ,, _lJ., j. ~ ':) -~ .. -,. C.lTY ·~-' ' .. t C '"'"-·.: r, 1 .A,P :=Ct. j, ' I ~· • L ) Do you have l~~g~l CMi~Muton of the premises fo r wh ic h th is appli cation t or lice nMt is made 7 ____ Y::...:e ..:sc....... ______________ _ Arotho promi-ownod or rontod 1 __ Reuted--11 ronood . eff ect ive & u p irot iondate of loo"' 9 /J /77 tg 8 /31/10 Is appl i ~nt(s ) or all off icers of the corporation , Clt izen(s) or lawf ully adm 1tted of the Un 1ted States of Ame nca ? __::t_e..a_ ______ _ Is theepplicent , or any of the oart ners, or a ny o f t he o fficers , stockho ld ers or directors of sad a p plant ( 1f tt 11 a coroorattonl . or employHI of any such , under t h e age of twentv~n e veers ? ·-------------Y "-------N o _~x ____ __ H11 the appli cant, or any of the partners , or a ny of t he off icers . stockholde l"' or d irectors o f uud aoollcant (If It 11 1 coroora ti on) ever been convicted of a fe lony in t he St at e of Colorado or been corwtet tld of a crime e lsewnere wh 1ch wou ld co nstttu a a felony if su ch cri me had b un committed in the State of Color&d o? If 10 , 11tat e full detatll ________ y .,, ______ No __ Has th e applicant , or any of the partners , or an y of fi cer , d ~rector or stockholder of sa id a pphcant l!f 1t 1S a corporet1o nl ever (e) been deniMi a license under this liQuo r law ?•-----------------------Y•••------No ___ ..._ __ _ lb l hod on olcoholic beverogo li cense suspended or revoked i· ____________________ Yes ______ No_....!lX.__ __ _ If t he a nswM is vn. e xpla in fully (attach sepa rat e sheet , if needed ) Do yo u or any members of your fa m tl y have a f tnanc1a l anterest tr. an y oth.,r liQuo r license? (Sudl fi na nc 1al interest t o tncl ude Do es any pen o n, f irm or cor poration ha ve a f inan c1al intertlst , ev1de nced either by loans or eq u it y ow nersh ip in t h e bu11ness for wh ich t tol ltllce nae ls requested ?lf t he an sw er 11 ves . state names and addresses and amount of such f inancial tnterest tM pressed Lilt the na mes a nd eddr111e1 of a ll b uslneues in wh 1ch any of the persons in the previo us qUilt ion a re in terested . Heme euslne11 Addreu I . -• • • IF THE APPLICANT IS A CORPORATION , answer (e), (b ), (c ), (d), end (o) (a) Or_gan iz ed u nder t he law of the State o l _ -iloiorado -________ , Date Jvty--l-3 -; -1971-______ _ (b) Pron Ci pa l busmess "cond ucted at ___ -BDtt-eod-________ , Cill.nty of -Arapct 108 _, State of_ --cctl:ondo -_ I c) Date of filong last annual corporate report to the Secretdry of State _ _!.}JilL 18. ____ _ (d) Na m e Home Address Cttv D ate of B irth Month, D ay, Ye ar (e) Presodent. Ceel'l8 We Paraona lr • V •cePres ------------- Treasu rer Joba J IJ'I'Da Ill 9A • .,..l c.e. W.,.oa , ... ,, Secretary Jelle J, 1,-raa 111 •• loJal Ctt. wa,ue, M·~~~A.~--~ .. ~~IIaal~eeeaaa-----------·-9~74~1~wwa•••~t-el~t•a~t~a~o"a~P~lhahe~e~,~~~~~~-~---- .:::P'Ae cToAs L•st all Dtrector~ fat least 3 a re requ1red bv La wl (f) NAME HOME STREET N O & CIT Y D ATE OF B IATH C.o~aa W, Pareeaa J l', 49 leyaaa ett, lidsewood, R.J. ~- Joba ], IJ'I'DO Ill 9A ie7al Cl'eo W.1fta 1 W,JT- Vi acaat A. Siaao 2-~--"---Rae~ek-Hdttte "·J• 10/:U-140-L- L •u a !I stockholders ow n•ng or ontro lllng anv of th• caOIHI I 1 1oc~ o f the corporat1cV, ~,. t Ja• 0\1\. er or p edgee ) U•e aeoa r~n• lhn&t 1 t 1 weded NAME HOME STREET 1\10 & CIT' PER f':'E.I\JT Of-DATE c. w. P•~•o•• J J J l)'na IU --V- STOC.._ }V"wi\IED OF BIRTH 49 ll.eraea G.-l. &idae-eol r JIJ 33 1/21!/42 -9A-a.,..l--C-r-c-. Wayae , -MJ---33--&-/-2-'H-&-- :.n6 iell A'l'e, KAelltreuek llailh!!x:M.J ~3~1.-;:;;:;;;:;::;;;:;::;;;:;;:;;;;;;:;::;;i0~/~2~1/~ (The follow mg affldav•t to be litgned a'ld acknowledged v md•v...-Jue~ls dnd each member ot P&nnershtps il nd bv Corporauon 1 SlATE O<~~ Rev Jerea1 1 Countv o f _ -J.aa..aa.i ----u __ __ bf'lnQ bv m,. t~rst duly liwn•n. •f for ll•mself depose!. and sa ·.,, xw•• a•• bi WM Oft f thlf •bov .. Nmert co oor.atlo" t~at hto hdl re;:;d the lrHeQl•tnq applteiti O~" nr1 H~• he ~no~o".-1 THEREFO RE THIS A PPLI'"ATtQN IS ~llR[8V APPJ.<OV D ATED ATr ________ THI'i-------LA 'I' f.JF- (N AME O F TOWN CITV OR (,.()I•NTVl ----------- lnd•v•duall and all merl"''lJ"'' ol ~ldr1nt"uh•p fT\t.U S"'JI" hf'fe A 0 19--------- ---------------------- (MAVQf) OU 04At,..~ AN OF AOA~O CJF ( \,.INl V C:O~~MISSIO "'(RS O R O THER T I TLE 11F LIC£"111j!Ni. A JT H(I~IT V I (II ttte: premise s i'• ured •Hilt •a t; tr•, •v r '"" , .... ,.._, r tn • count)' commtulonerl and tht ,,,n, to tto•., glv•n b)' s uch otf•ctil.) ;~I I ttl!'n' 9 •utn(H•tv ,, ••l"""' o•~·t' c;'t•C·•· tf\41" u n •PD'tl .. , 1'1 \,oJI,j hr • TO INSURE THAT YOUA LICENS IS I SUED O"l T ~ tS MP< 1KTANT THAT THIS DOCUMENT WITH YOUR ST A TE FEE RE MITTANCE BE AT T E COLOR A 0 O~PART IE T OF REVENUE, STATE CAPITOL AN NE X BU ILDING 1J75 SHERMA N STREET, DEN VER, 1\0 l ATEA H<A DE 'IllER 1 . I • - • • • • • MEMORANDUM TO: Marilyn Irons FROM: Captain Ron Frazier DATE: November 14, 1978 SUBJECT: Liquor Out I et Ca II Reports The following record of pol ice response to I iquor establishments is for the period of November I, 19 77 through November I, 1978. BAR HARBOR Pol ice Assistance Requests Pol Ice Initiated Reports VIolations of License BELLEVIEW BOWL Pol ice Assistance Requests Po l ice Initiated Reports Vio lations of License * 10 0 0 8 I I *01-07-78: Incident Report: Three su bjects were observed by Pol ice Officer leaving the lounge area with open beer cans. Officer advis ed s ub jects an c bartender of v iolation. No further action taken. CASUAL LOUNGE Pol ice Assistance Requests Pol ice Initiated Reports Vio lations of License* 24 I I *05-26-78: incident Report: The establishment did not abide by 0200 hour closing. Pol ice Of ficer explained violation to the patrons an d t he establishment . No further action taken. I • ... • • • • City of Englewood TO: Honorable Mayor and Members of the City Council 6 B 3400 s Elat1 St •eet Englewood . Colorad o 80 110 Pho ne (303) 761 -1140 FROM : Earl Ladewig, Chairman of the Englewood Employees' Pension Board DATE: November 29, 1978 SUBJECT: Sugges ted Changes to the En g lewood Employees ' Pen sion Plan, Title 5, Chapter 9 of the En g lewood Munic i ?al Code The Englewoo d Emplo y ees' Pension Board has been meeting over th e last year to review and discuss various matters about the cur- rent En5 lewood Employees' Pension Plan. The Board has had some difficult y in gettin g a q uorum for some of its meetings . Par t of the p roblem lies with 5-9-40 En gl ewood Municipal Code whereby a q uorum of 5 is required to hold an off i cial meeting. The r e are 7 members on the Board. The other problem area lies with conflict of meetings with the two members of the City Council. Hany times the Councilmen have other comm itments and are u nab le to attend. The Board is requestin g that 5-9-38 of the En g lewood Munic ipal Code be change d to elimina te one Council memb e r and add the Director of Finance t o be appoin ted b y the City Manager to the Board a s a voting member. Council would still have a r ep r esenta - tive on the Board. The Board is also concerned about disability retirements . The Englewood Munici~al Code i s unclear whether a disabi lit y c ase has to be heard before the Board before a disability is g rant ed . In one case, an emplo yee was terminated for di sability reasons without a hearing before the Board. The Board is of the opinion tnat all disabil ities should be heard before an em ployee is terminated and that the Board should recommend to the City whethe r or not the emplo yee should be g rant ed a disability retiremen t. • I • • • • • Honorable Mayo r and Members of the Ci t y Council l~ovember 29, 1978 Page 2 Therefore, we are re~uestin g the City Council to amend the Municipal Code so that all disability retirements come before the Board. ~hank JOU for y our consideration of the se items . ~·~~· Earl Ladewig Chairman Englewood Employees' Pension Board /JLW • I • • • • • • . . '. .. . \ i ,' .. ( '.' .. r;!l ' t:. ', •,; I ;..;~ November 28, 1978 The Honorable Mayor James Taylor & Council 3400 South Elati Englewood CO 80110 Dear Mayor Taylor: We wish to express our appreciation for the Council's com- mittment to the Simon Center in forwarding $35,000 for furnishing of the Common areas. Although the Special Gifts Committee has made an admirable effort to raise funds, we regret that the effort has not met the success we had anticipated and we are unable to repay the amount forwarded to us by the Council in 1977. We have transferred the funds raised ($13,323.83) into the general fund and ask that the Council relieve the Englewood Housing Authority of the obligation to repay the remaining $21,676.17. We feel we have shown good effort in attempting to repay the money; however, due to competition between fund raising campaigns and the difficulties in raising money for goods already purchased, we have not been able to meet our obligation to you. If you have any questions we would be glad to discuss them. Sincerely, Jl~~~ Chairman EHA /lr /j;J(~·~lv Yff'f Marten E. Lathr~ Special Gifts Fund Raising Chairman • I • • - • • • • 7 ~' INTRODUCED AS A BILL BY COUNCILMAN _______ MA __ N_N ________________ __ BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Arti cle XV of the Englewood Home Rule Charter and Chapte r 10 of Title V of the '69 E.M.C., as amended, a "Memorandum of Understanding" dated Se ptember 8, 197 8 was formally approved by City Council and ratified by a majority of the general Career Service Employees of the City of Englewood; and WHEREAS, Section lO(c) of Chapter 10, Title V of the official Code provides that City Council shall "enact n ecessary amendments to all City ordinanc~s required to implement said Memorandum of Understanding by General Legislation." Nm"l, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Me morandun of Understanding dated September 8, 1978 between Englewood Employees Association (EEA) and the City of Englewood is hereby exp r essly confirmed and approved . Section 2. That Section 7, Chapt e r 3, Title V of the '69 E.M.C., as amended, is hereby amended to read as follows: 5 -3-7: PROBATIONARY APPOINTMENT Whenever a vacant position is to be filled, the top three (3) n a mes on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary period, the employee may be dismissed or returned to his former status by the appoi nting authority . After satisfactory c om plet ion of the probationary period, the employee shall b e given permanent status. Pending • I • - • • • • the es tablishment of an applicable e ligib ili ty list , temporary appointments ma y be made by the appointing authority with t he approva l o f the Board. Section 3. That Sections 7, 13 and 17, Chapter 4, Title V of the '69 E.M.C., as amended, is here b y amended to read as follow s: 5-4-7: SICK LEAVE UTILIZATION (a) Authorization for sick leave shall be granted only for the following reasons: (1) Personal illne ss or injury not s ervice connected, except as here in otherwise p rovided. (2) Medical appointments for the em p loyee. (3) Illness of the employee's spous e or children with necessitate the employee 's absence from service . (4) TEMPORARY DISABILITY DUE TO MATERNIT Y . 5-4-13: PREGNANT EMPLOYEES Pregnant employees shall b e granted maternity l eav e of absence without pay as follows: (a) Preg nant employe es shal l b e granted maternity leave of abs ence without p a y for a period o f time up to but not excee ding fou r (4) we eks. (b) Employees granted maternity l eave sha ll have the option of using accrued annual l eave with pay for all or any portion of sa id four (4) week period . (c) SICK LEAVE SHALL BE ALLOWED ONLY TO THE TOTAL AMOUNT ACCUMULATED AT THE BE GINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT . (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDI TY OF ELIGIBILITY OF THE S ICK LEAVE . HIS SIGNATURE ON THE LEAVE REQUE ST FORM NOTING SICK LEAVE ENT ITLEMENT SHALL INDICATE S UCH DETERMI NATION . -2 - I • - • • • • • 5-4-17: OFFICIAL HOLIDAYS (a) The following days s hal l be considered official holidays by the City: (l) Ne w Year's Day: January l. (2) Washington's Birthday: the third Monday in February. (3) Memorial Day: the last Monday in May . (4) Independe n ce Day: July 4. (5) Labor Day: th e first Monday in September. (6 ) VETERANS DAY: NOVEMBER ll. (7) Thanksg iving Day: the fou rth Thursday in November. (8) Four th Friday of Nove mber following Thanksgiving Day. (9) Christmas Eve: December 24 (ex c ept employee s on shift work). (10) Christmas Day: December 25. (ll) New Year's Eve: December 31 (except employees on shift work). (b) Any employee in the Classified Service 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 such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appointing authority to be sufficient. (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 . TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDA Y WILL BE ONE AND ONE-HALF (l l /2) TIMES THE NO RMA L RATE OF PAY FOR ALL HOU RS ACTUALLY IVORKED . (d) When a n y of the foregoi ng holidays fall on a Sunday, the following f>londay shall be obse r ved as t h e legal holiday. When a n y of the foregoing holidays fa ll on a Saturday, each e mployee shall be e ntitl ed to a day off for such holiday, whic h day off eac h employee shall b e scheduled as the City Ma nager d etermi n es , but no spe cific day shall be observed as a holiday for purpose of closing City offices and fu n ct ion s. -3 - I • - 0 • • Section 4. • • .. • (e) During all holidays , City offices and functions shall be closed with the exception of those d epartments or divisions whose operation i s n ece ssary to the public h ealth and saf ety . That Section 8, Chapte r 6, of the '69 E.M.C., as am ended , is h ereby amended to read as follows: 5 -6-8: SALARY AND WAGE SCHEDULE F. All employees cov ered by the terms and conditions of this Agreeme nt shall receive on January 1, 1979 a SI X PERCENT (6%) wage increase based upon the 1978 wage s alary schedule published at 5 -6-8 of the Municipal Code . The salary s chedule for the year 19 78 Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 A $ 746 7 81 820 863 906 951 1,101 1,182 1,274 1,367 1,469 1,582 1,701 B $ 781 820 863 906 951 999 1,154 1,243 1,336 1,438 1,545 1,662 1,785 c $ 820 863 906 951 999 1,048 1,213 1,305 1,403 1,508 1,621 1 ,742 1,874 The salary s chedule for the year 1979 Grade l 2 3 4 5 6 7 8 9 10 11 12 13 A $ 79 1 823 869 915 960 1,008 1,167 1,253 1,350 1,449 1,557 1,677 1,803 -4- B $ 823 869 915 960 1,008 1,059 1 ,223 1,318 1 ,4 16 1,524 1 ,637 1,762 1,892 c $ 869 915 960 1,008 1,059 1,111 1 ,286 1,383 1,487 1,598 1,718 1,847 1,986 D $ 863 906 951 999 1,048 1,101 1,274 1,367 1,469 1,582 1,7 01 1,830 1,967 D $ 915 960 1,00 8 1,0 59 1,111 1,167 1,350 1,449 1 ,557 l, 677 1,803 1,940 2,085 E $ 906 9 51 999 1,048 1,101 1,154 1,33 6 1,43 8 1 ,545 1,66 2 1,785 1,92 3 2 ,066 E $ 960 1,008 1,059 1,111 1,167 1,223 1,416 1,524 1,637 l, 762 1 ,892 2,038 2,190 • I • - • • • • Section 5 . That a new subsection (a) of Section 8, Chapter 6 , Title V of the '69 E.M .C., as amended, is hereby ordered to read as follows: 5-6-8(a) TUITION REFUND PLAN Section 6. THERE IS ESTABLISHED AN EDUCATION REFUND PROGRAM, THE PURPOSE OF WHICH IS TO PROMOTE A CONTINUING EDUCATION AND DEVELOPMENT FOR GENERAL CAREER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS. (b) EXTENT OF TUITION REFUND. REFUNDS SHAL L BE GRANTED FOR ANY FORMAL COURSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLLEGE, PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE. SAID REFUNDS SHALL BE ON A FIRST-COME, FIRST-SERVE BASIS . UPON COMPLETION OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMBURSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN SUBMITTED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EMPLOYEES IN THE CAREER SERVICE SYSTEM. That Sections 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M.C., as amended , are hereby amended to read as follows: 5-7-2: HOURS OF WORK-MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYEES Shall work at least forty (40) hours per week, or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department head with approval of the City Manager. NOTHING HEREIN SHALL BE CONSTRUED AS GUARANTEEING EMPLOYEES FORTY (40) HOURS OF WORK PER WEEK OR EIGHT (8) HO URS OF WORK PER DAY . 5-7-3: OVERTIME WORK (a) FOR ALL CAREER SERVICE NON-EMERGENCY EMPLOYEES, except as otherwise provided, duties performed over -5- • I • • • Section 7. • • • and above the assigned work schedule or on holidays shall be considered overtime for all mo nthly employees, OTHER THAN EMPLOYEES WHOSE WORK SCHED ULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall not be computed nor compensation allotted on previously accrued overtime. The appointing authority a n d the Career Service Board are hereby authorized to e stablis h, by agreements, specific positions which will be con - sidered exempt from overtime pay or compensatory time. Fire fighters shall receive overtime for duties per- formed over and above the assigned workwe ek of fifty-six (56) hours, with the hourly rate compu ted on a fifty-six-hour duty week wage ba sis. When fire fighters work overtime on an emergency call-back basis, that overtime shall be computed on a forty-hour dut y week wage basis. If a fire fighter on a full shift overtime basis works on an emergen cy along wit h other fire fighte rs on a call-back basis, he will be compensated on the fort y-hour basis during the period of that emergency. Overtime shall not be computed nor compensation allotted on pr e viously accrued over- time. The appointing authority and the Career Service Board are hereby authorized to establish, b y agreements, I specific positions which will be considered exempt from overtime pay or compensatory time . That Sect ion 2, Chapter 8, Title V of the '69 E.M.C., as amended, is hereby repea l ed and r einserted t o read as follows: 5-8-2: INS URANCE BENEFITS (a) Life Insurance : Life insurance f or each eligible employee shall b e Twenty Thousand Dollars ($20,000) for every employee. The same conversion privileges upon retiremen t of 50% coverage payable by the employee will continue . The A.D. & D. provision shall be Twenty Thousand Dollars($20,000) for every eligible employee . (A.D. & D. -Accidental Death and Dismem b e rmen t) (b) Dental Insurance: City funding of the coverage for the City Dental Insurance Plan will be 100 % for single, 75% for d e pendent and the e mployee shall be c h arged 25% of a dependent coverage. (For description of the coverage p rovided , see the City Dental Insurance Plan) -6- I • • • • • • (c) Health Insurance -Em ployees -Retirees : (1) City funding of the coverage for the City Health Insurance Plan will be 100 % for single, 75% for dependent and the employee shal l be charged 25 % of a dependent coverage. (F or description of the coverage provided, see the City Health Insurance Plan) (2) Major medical insurance SHALL b e i ncreased to include pregnancy which presently is an exclusion. (3) Health insurance coverage for retirees will be provided by the City on a non-participatin g basis. The total premium will b e paid by the individual. The coverage will coordinate with Medicaid wh e rever appli cable. (4) Those retirees und e r the City of Englewood health insurance plan on a direct pay basis and future retirees of the City will be covered at City c ost for their individual health insurance coverage. The City will not contribute towards the dependency coverage but the retiree remains eligible to carry that coverage on a direct pay basis. Section 8. That all ordinances o r parts of ordinances in conflict with the provisions of this ordinance are here by e xpre ssly repe aled . Introduced, r ead in full and passed on first reading on the day of , 1978. Published as a Bill for an Ordinance on the _____ day of 1978. Ma yor ATTEST: ex offic io City Clerk-Treasurer -7 - t I • • • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bi ll for an Ordinance, introduced, read in full and passed on f i rst reading on the day of 1978. e x officio City Cl e r k-Treasu r er -8 - • I • • - ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN ------------------------------- BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBAT IONARY APPOINTMENTS, SICK LEAVE , MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CARE ER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article XV of the Englewood Home Rule Charter and Chapter 10 of Title V of the '69 E.M.C ., as amended, a "Memorandum of Understanding" dated September 8, 1978 was formall y approved by City Council and ratified by a majority of the gen e ral Caree r Service Employees of the City of Englewood; and WHEREAS , Section lO(c) of Chapter 10, Title V of the official Code prov ides that City Council shall "enact n ecessary amendments to all City ordinanc~s required to implement said Memorandum of Unde rstanding by General Legislation." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Memorandun of Understanding dated September 8, 1978 between Englewood Employees Association (EEA) and the City of Englewood is hereby e xpressly confirmed and approved. Section 2. That S ection 7, Chapter 3, Title V of the '69 E.M.C., as amen ded, is hereby amended to read as follows: 5-3-7: PROBATIONARY APPOINTMENT Wh e never 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 of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary period, the employee may be dismissed or returned to his former status by the appointing authority . After satisfactory completion of the probationary period, the employee shall be given permanent status. Pending I • • ( • • • - the establishment of an applicable el igibility list, temporary appointments may be made by t h e appointing authority with the approval of the Board. Section 3. That Sections 7, 13 and 17 , Chapter 4, Title V of the '69 E.M.C., as amended, is h ere by amended to r e ad as follow s: 5 -4-7: SICK LEAVE UTIL I ZATION (a) Authoriza~ion for s ick leave shall be granted only for the following reasons: (1) Personal illness or injury not s ervice connected, e x cept as herein otherwise provided. (2) Medi cal appointments for t h e employee. (3) Illness of the empl o yee 's s pouse or ch ildren with necessita te the employee 's absence from service . (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5 -4-13: PREGNAUT EMPLOYEES Pregnant employe s shall be granted ma terni ty leave of absence without pay as follows: (a) Pregnant employees shall b e granted maternity leave of absence without pay fo r a period of time up to but not exceeding fou r (4 ) week s. (b) Employees g ranted mate rnity leave shall have th e option of usin g acc rue d annual l eave wit h pay for all or any portion of said four (4) week period . (c ) SICK LEAVE SHALL BE ALLOWED ONLY TO T HE TOT AL AMOUNT ACCUMULATED AT THE BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SICK LEAVE . HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE ENTITLEMENT SHALL INDI CATE SUC H DETERMINATION. -2- • I • • ( • • • • 5-4 -17: OFFICIAL HOLIDAYS (a) The following days shall be considered official holidays by th e City: (1) New Year's Day: January 1 . (2) Washington's Birthday: the third Monday in February. (3) Memo rial Day: the last Monday in May . (4) Independence Da y : July 4. (5) Labor Day: the first Monday in September. (6) VETERANS DAY: NOVEMBER 11. (7) Thanksgiving Day: the fourth Thursday in November. (8) Fourth Friday of November following Thanksgiving Day. (9) Christmas Eve: December 24 (except employees on shift work). (10) Christmas Day: December 25. (11) New Year's Eve: December 31 (except employees on shift work). (b) Any employee in the Classified Service who does not perform duty scheduled on the workin g days immediately prior to and following a holiday shall not receive pay for the holiday unless such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appoint ing authority to be sufficient. (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. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (1 l/2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY lvORKED. (d) When any of the foregoing holid ays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the forego i ng holidays fall on a Saturday, each employee shall be e ntill ed to a day off for such holiday, which day off each e mployee 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. -3- I • • Section 4. • • • (e) During all holida ys , City offices and functions shall be closed with he exce ption of those departments or divi sions whose operation is necessary to the publi c h ealth and safety. That Section 8, Chapter 6, of the '69 E .M.C ., as amended, is hereby amended to read as follows: 5-6-8: SALARY AND WAGE SCHEDULE F. All employees covered by the terms and conditions of this Agreement shall receive on January 1, 1979 a SIX PERCENT ( 6%) wage increase based upon the 1978 wage salary schedule published at 5-6-8 of the Municipal Code. The salary s c hedule for the year 1978 Grade A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 906 951 3 820 863 906 951 999 4 863 906 951 999 1, 048 5 906 951 999 1,048 1,101 6 951 999 1,048 1 ,101 1,154 7 1,101 1,154 1 ,213 1,274 1,336 8 1,182 1,243 1,305 1,367 1,438 9 1,274 1,336 1,403 1 ,469 1,545 10 1,367 1,438 1,508 1,582 1,662 11 1,469 1,545 1,621 1,701 1,785 12 1,582 1,662 1,742 1,830 1,923 13 1,701 1,785 1,874 1, 967 2,066 The salary schedule for the year 1979 Grade A B c D E 1 $ 791 $ 8 23 $ 869 $ 915 $ 960 2 823 869 915 96 0 1,008 3 869 91 5 960 1,00 8 1,059 4 915 960 1,00 8 1,0 5 9 1,111 5 960 1,008 1,059 1,111 1,167 6 1,0 08 1,059 1,111 1,167 1,223 7 1,167 1,223 1,286 1,350 1,41 6 8 1,253 1,318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,63 7 10 1,449 1,524 1,598 1,677 1,762 11 1,557 1,637 1, 718 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1 ,89 2 1,986 2 ,085 2,190 -4- I • - ( • • • • Section 5. That a new subsection (a) of Section 8, Chapte r 6 , Title V of the '69 E.M.C., as amended, is hereby ordered to read as follows: 5-6-8(a) TUITION REFUND PLAN Section 6. THERE IS ESTABLISHED AN EDUCATION REF UND PROGRAM, THE PURPOSE OF WHICH IS TO PROMOTE A CON TINUING EDUCATION AND DEVELOPME NT FOR GENERAL CAREER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS. (b) EXTENT OF TUITION REF UND . REFUNDS SHALL BE GRANTED FOR ANY FORMAL COURSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLLEGE, PROVIDED THAT THE COURSE IS RELATED TO THE tvORK OF THE ELIGIBLE EMPLOYEE. SAID REFUNDS SHALL BE ON A FIRST-COME, FIRST -SERVE BASIS. UPON COMPLETION OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMB URSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN SUBMITTED TO AN D APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS . (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIB UTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EHPLOYEES IN THE CAREER SERVICE SYSTEM. That Sections 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M.C., as amended, are hereby amended to r ead as follows: 5-7-2: HOURS OF ~vORK -t-IONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYEES Shall work at least forty (40) hours per week, or in the case of shift work, an average of fort y (40) hours p e r week. The work week shall consist of five (5) eight-h our shifts, or other work schedules as determin ed by the department head with approval of the City Manager. NOTHING HEREIN SHALL BE CONSTRUED AS GUARANTEEING EMPLOYEES FORTY (40) HOURS OF WORK PER WEEK OR EIGHT (8) HOURS OF WORK PER DAY. 5-7-3: OVERTIME WORK (a) FOR ALL CAREER SERVICE NON -EMERGENCY EMPLOYEES, except as otherwise provided, duti es performed over -5- I • ( • Section 7 . • • • and above the assigned work schedule or on holidays shall be considered overtime for all monthly employe e s, OTHER THAN EMPLOYEES WHOSE WORK SCHEDULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall not be computed nor compensation allotted on previously accrued overtime. The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will be con - sidered exempt from overtime pay or compensatory time . Fire fighters shall receive overtime for duties per- formed over and above the assigned workweek of fifty -s ix (56) hours, with the hourly rate computed on a fifty-six-h o ur duty week wage basis. When fire fighters work overt ime on an emergency call-back basis, that overtime shall b e computed on a f o rty-hour dut y week wage basis. If a fire fig hter on a full shift overtime basis works on an emergency along with other fire fighters on a call-back basis, he will be compensated on the forty-hour basis during the period of that emergency. Overtime shall not be computed nor compensation allotted on previously accrued over- time. The appointing authority and the Career S e rvic e Board are hereby authorized to establish , by agreements, specific positions which will be considered exempt from overtime pay or comp ensatory time. That Section 2, Chapter 8, Title V of the '69 E.M.C., as amended, is hereby repealed and reinserted to read as follows : 5 -8-2: INSURANCE BENEFITS (a) Life Insu rance : Life insurance for each eligible employee shall be Twenty Thousand Dollars ($20,000) for every employee . The same conversion privileges upon retirement of 50% coverage payable by the employee will continue . The A.D. & D. provision shall be Twenty Thousand Dollars($20,000) for every eligible employee. (A.D. & D. -Accidental Death and Dismemberment) (b) Dental Insurance: City funding of the coverage for the City Dental Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For description of the coverage provided, see the City Dental Insurance Plan) -6- I • - ( • • • • (c) Health Insuranc e -Employee s -Retirees: (1) City funding of the cove r age for the City Health Insurance Plan will be 100% for single, 75% for dependent and the e mployee shal l be charged 25 % of a dependent cov erage . (For description of the coverage provided, see the City Health Insurance Plan) (2) Major medical insurance SHALL be increased to include pregnancy whi ch presently is an exclusion . (3) Health insurance coverage for retirees will be provided by the City on a non-participating basis. The total premium will b e paid b y the individual. The coverage will coordinate with Medicaid wh e rever applicable. (4) Those retirees und er the Ci ty of Englewood health insurance plan on a direct pay basis and future retirees of the City will be covered at City cost for their individual health insurance coverage . The City will not contribute towards the dependency coverage but the retiree remains eligible to carry that cove r age on a direct pay basis. Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinanc e are he r eby e x pressly repealed. Introduced, read in full and passed on first reading o n the day o f , 1978. Published as a Bill for an Ordinance on the _____ day of 197 8. Ma yor ATTEST: ex officio City Clerk-Treasur~ -7 ·- • I • - ( • • • • • I, William D. James, do h e reby 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 1978. ex officio City Clerk-Treasurer -8- I • • - ( ( • • • • • INTRODUCED AS A BILL BY COUNCILMAN _______ MA __ N_N ________________ __ BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PRO BATI ONARY APPOINTMENTS, SICK LEAVE, MATERNIT Y LEAVE, OFFICIAL HO LIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OV ERTIME WO RK , LIFE AND HEALTH I NSURANCE BENEFI TS , FOR GENERA L CA REER SERVI CE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORAD O . WHEREAS, pursuant to Article XV of the Englewood Home Rule Charter and Ch apter 10 of Title V of the '69 E.M .C., as a mended, a "Memorandum of Understanding " dated September 8, 1978 was formall y approved by City Council and ratified by a ma jority of th e g e n eral Ca ree r Service Em ployee s of the City of En glewo od; and WHEREAS, Section lO(c) of Chapter 10, Title V of the official Code prov id es that City Council shall "enact n ece ssary amendments to all City ordinanc~s required to implement said Memorandum of Understanding b y General Legislation." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Tha t the Memorandun of Unde rst andi n g dated September 8 , 1978 between Englewood Employees Association (E EA ) and the City of Englewood is he r eby ex pr ess l y confirmed and approved . S e ction 2. That Section 7 , Chapter 3, Title V of the '6 9 E.M.C., a s amended, is hereby amended to read as foll ows: 5 -3-7 : PROBATIONARY APPOINTMENT Whenever a vacant position is to be filled, the top three {3) names on the proper eligibili ty li s t shall be submitted to the appointing authority for the selection of one {1) applicant to serve a p r obationary period of NOT LESS THAN TWELVE (12) MONTHS. At any time du ring the probationary period, the emp l oyee may be dismissed or returned to his former status by the appointing authority . After satisfactory completion of the probationary period , the employee shal l be given permanent status. Pending • I • - ( • ( • • • • the e stablishment of an applicable e ligibility list, temporary appointments ma y be made by the appointing authority with the approval of the Board. Section 3. That Sections 7, 13 and 17, Cha pter 4, Title V of the '69 E.M.C., as ame nde d, is h ereby amende d to rea d as follow s: 5-4 -7: SICK LEAVE UTILIZATION (a) Authorization f or sick leave sh all be grant e d o nly for the fo llowi n g reasons: (1) Personal i l ln ess or injury not service conn ected , except as herein othe rwise p rovided . (2) Medical appointments for the employee. (3) Illne ss of the employee 's spouse or ch ildren with nec e ssitate the employee's absence from service . (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5 -4-13 : PREG NANT EMPLOYEES P regnant e mploye e s shall be granted maternity leave of abs e nce wi thout pay as follows: (a) Pregnant employees shall be granted maternity leave of abs e nce without p a y fo r a period of time up to but no t exc e eding f our (4) we eks. (b) have with (4 ) Employees g ranted maternity leave shall the option of usin g a c c rued annual leave pay for all o r any po r tion of said fou r week pe r i od. (c ) SICK LEAVE SHALL BE ALLOWE D ONLY TO THE TOTAL AMOUNT ACCUMULATED AT T HE BE GINN ING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT . (d) IT SHA LL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SIC K LEAVE. HIS SIGNAT URE ON THE LEAVE REQUEST F ORM NOT ING SIC K LE AVE ENTITLEMENT SHALL INDI CATE SUCH DET.ERMI NATION. -2 - • I • - ( 0 • • • • • 5-4-17 : OFFICIAL HOLIDAYS (a) The following days shall be considered official holidays by the City: (l) 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. (5) Labor Day: the first Monday in September . (6) VETERANS DAY: NOVEMBER ll. (7) Thanksgiving Day: the fourth Thursday in November . (B) Fourth Friday of November following Thanksgiving Day. (9) Christmas Eve: December 24 (except employees on shift work) . (10) Christmas Day: December 25 . (ll) New Year's Eve: December 31 (except employees on shift work). Q (b) Any employee in the Classified Service 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 such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appoint ing authority to be sufficient. (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. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (l l/2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY NORRED. (d) When any of the foregoing holid ays fall on a Sunday,. the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday , each employee shall be entitled to a day off for such holiday, which day off each employee 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 . -3- • I • - ( • • Section 4. • • • Q (e) During all holidays, City offices and functions shall be closed with the exception of those departments or divi sions whos e operation is necessary to the public h ealth and safe ty. That Section 8, Chapter 6, of the '69 E.M.C., as amended, is hereby amended to read as follows: 5-6-8: SALARY AND WAGE SCHEDULE F. All employees covered by the terms and conditions of this Agreement shall receive on January 1, 1979 a SI X PERCENT (6 %) wage increase based upon the 1978 wage salary schedule published at 5 -6-8 of the Municipal Code . The salary schedule for the year 1978 ~ A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 906 951 3 820 863 906 951 999 4 863 906 951 999 1,048 5 906 9 51 999 1,048 1,101 6 951 999 1,048 1 ,101 1,154 7 1,101 1,154 1,213 1,274 1,33 6 8 1,182 1 ,243 1 ,305 1,367 1,438 9 1 ,274 1,336 1,403 1,469 1,545 10 1,367 1,438 1,508 1,582 1,662 11 1,469 1,545 1,621 1,701 1,785 12 1,582 1,662 1,7 42 1,830 1,923 13 1,701 1,785 1,874 1,967 2,066 The salary schedule for the year 1979 ~ A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 960 1,008 3 869 915 960 1,008 1,059 4 915 960 1,008 1,059 11111 5 960 1,008 1,059 1,111 1,167 6 1,008 1,059 1,111 1,167 1,2 2 3 7 1,167 1,223 1,286 1,350 1,416 8 1 ,253 1,318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,637 10 1,449 1,524 1,598 11677 1,762 11 1,557 1,637 1 ,7 18 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1,892 1,986 2,085 2,190 -4- • I • c c c • • • .. Section 5. That a new subsection (a) of Section 8, Chapter 6 , Title V of the '69 E.M.c., as amended, is hereby ordered to read as follows: 5-6-8(a) TUITION REFUND PLAN 0 THERE IS ESTABLISHED AN EDUCATION REFUND PROGRAM, THE PURPOSE OF WHICH IS TO PROMOTE A CONTINUING EDUCATION AND DEVELOPMENT FOR GENERAL CAREER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS. Section 6. (b) EXTENT OF TUITION REFUND. REFUNDS SHALL BE GRANTED FOR ANY FORMAL CO URSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLLEGE, PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE. SAID REFUNDS SHALL BE ON A FIRST-COME, FIRST-SERVE BASIS. UPON COMPLETION OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMBURSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN SUBMITTED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EMPLOYEES IN THE CAREER SERVICE SYSTEM. That Sections 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M.C., as amended, are hereby amended to read as follows: 5-7-2: HOURS OF WORK -MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYEES Shall work at least forty (40) hours per week, or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department head with approval of the City Manager. NOTHING HEREIN SHALL BE CONSTRUED AS GUARANTEEING EMPLOYEES FORTY (40) HOURS OF WORK PER WEEK OR EIGHT (8) HOURS OF WORK PER DAY . 5-7-3: OVERTIME WORK (a) FOR ALL CARE ER SERVICE NON-EMERGENCY EMPLOYEES, except as otherwise provided, duties performed over -5- • I • - ( ( • Section 7. • • • and above the assigned work schedule or on holidays shall b e considered overtime for all month ly employe e s, OTHER THAN EMPLOYEES WHOSE WORK SCHE DULE PROVID ES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall not be computed nor compensation allotted on previously accrued overtime. The appointing authority and the Career Service Board are hereby authorized to e stabl ish , by agreeme nts, specific positions which will be con- sidered exempt from overtime pay or compensatory time. Fire fighters shal l receive overtime for duties per- fo rmed over and above the assigned workweek of fifty-six (56) hours, with the hou rly rate computed on a fifty-six-hour dut y we ek wag e basis . When fire fighters work ove rtime on an emergency call -ba ck basis, that overtime shall b e computed on a forty-hour duty week wage basis. If a fire fighte r on a full shift overtime basis works on an emergency along with other fire fighte rs on a call-back ba sis, he will be compensated on the fort y -hour basis during the period of that emergency. Overtime shall not b e computed nor compensation allotted on previously accrued over- time . The appointing authority and the Caree r S ervice Board are hereby authorized to establish, by agreements , specific positions which will be considered exempt from overtime pay or compensatory time. That Section 2, Chapter 8, Title V of the '69 E.M.C., as amended, is hereby repealed and reinserte d to read as follows : 5 -8-2: INSURANCE BENEFITS (a) Life Insur ance : Life insurance for each eligible employee shall b e Twenty Thousand Dollars ($20,000) for every employee. The same conversion privilege s upon retir emen t of 50% coverage payable by the employee will c ontinue. The A.D. & D. provision shall be Twenty Thousand Dollars($20,000) for every eligible empl oyee. (A.D. & D. -Accidental Death and Dismemberment) (b) Dental Insurance: City funding of the coverage for the City Dental Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For description of the coverage provided, see the City Dental Insurance Plan) -6- • I • • • r • • • (c) Health Insura nce -Employees -Retirees: {1) City funding of the coverage for .the City Health Insurance Plan will be 100% for single, 75% for dependent and the e mployee shall be charged 25 % of a dependent coverage . (For description of the c overage provided , see the City Health Insura n ce Plan) {2) Major medical insurance SHALL be i ncreased to include pregnancy whi ch presently is an e xclus ion . {3) Health insurance coverage for r etirees will be provided by the City on a non-participatin g b asis. Th e total premium will be paid by the i ndividua l . The cov erage will coordinate with Medi caid wherever applicable. {4) Those retirees under the Ci ty of Englewood h e alth insurance plan on a direct pay basis and future retirees of the City will be cover ed at City c os t for their individ u al health insurance covera ge. The City will not contribute towards the dependency coverage but the retiree remains eligible to carr y that coverage on a direct pay basis. Section 8. That all ordinances or pa r t s of ordi nances in conflict with the provisions of this ordinance are hereby e x pressly repealed. Introduced, read in full and passed on first reading on the day of , 1978. Published as a Bill for an Ordinance on the _____ day of 1978. Mayor ATTEST: ex officio City Clerk-Treasur~ -7 - I • • • • • • 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 1978. ex officio City Clerk-Treasurer -8- I • • - • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN ------------------------------- BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENE RAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article XV of the Englewood Home Rule Charter and Chapter 10 of Title V of the '69 E.M.C., as amended, a "Memorandum of Understanding" dated September 8, 1978 was formally approved by City Council and ratified by a majority of the general Ca reer Service Employees of the City of Englewood; and WHEREAS, Section lO(c) of Chapter 10, Title V of the official Code provides that City Council shall "enact necessary amendments to all City ordinanc~s required to implement said Memorandum of Understanding by General Legislation." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Memorandun of Und e rstanding dated September 8, 1978 between Englewood Employee s Association (EEA) and the City of Englewood is hereby expressly confirmed and approved. Section 2. That Section 7, Chapter 3 , Title V of the '69 E.M.C., as amended, is hereby amend e d to read as follows : 5-3-7: PROBATIONARY APPOINTMENT Wh enever 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 of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary period, the employee may be dismissed or returned to his former status by the appointing authority. After satisfactory completion of the probationary period , the employee shall b e given permanent status. Pending I • • - • • • • • • • the establishment of an applicabl e e ligibility list, t e mporary appointments may be made by the appointing authority with the approval of the Board. Section 3. That S ec tions 7, 13 and 17, Chapter 4, Title V of the '69 E.M.c., as amended, is hereby amended to read as follows : 5-4-7: SICK LEAVE UTILIZATION (a) Authorization for sick leave shall be granted only for the following reasons: (1) Personal illness or injury not service connected, except as herein otherwise provided. (2) Medical appointments for the employee. (3) Illness of the employee's spouse or children with necessitate the employee's absence from service . (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5-4-13: PREGNANT EMPLOYEES Pregnant employees shall be granted maternity leave of absence without pay as follows: (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) week s. (b) Employees granted maternity leave shall have the option of using accrued annual leave wi th pay for all or any portion of said four (4) week period . (c) SICK LEAVE SHALL BE ALLOWED ONLY TO THE TOTAL AMOUNT ACCUMULATED AT THE BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SICK LEAVE . HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE ENTITLEMENT SHALL INDICATE SUCH DETERMINATION. -2- I • - • • • • • • 5-4-17: OFFICIAL HOLIDAYS (a) The following days shall be considered official holidays by the City : (1) New Year's Day: January 1. (2) Wash ington's Birthday: the third Monday in February. (3) Memorial Day: the last Monday in Ma y . (4) Independence Day: July 4. (5) Labor Day: th e first Monday in September. (6) VETERANS DAY: NOV EMBER 11. (7) Thanksgiving Day : the fourth Thursday in November . (8) Fourth Friday of November following Thanksgiving Day . (9) Christmas Eve: De cember 24 (except employees on shift work). (10) Christmas Day: December 25. (11) New Year 's Eve : December 31 (except employees on shift work). (b) Any employee in the Classified Serv ice who does not perform duty scheduled on the working days immediately prior to and following a hol iday shall not receive pay for the holiday unless such employe e was absolutely unable to pe rform duty for re a sons of illness, authorized leave or other reasons determined b y the appointing authority to be s ufficient . (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. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (1 1 /2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY IVORKED. (d) When an y of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the forego i ng holidays fall on a Saturday , each employee shall be entitled to a day o ff for such holiday , which day o f f each employee shall be scheduled as the City Manager determines, bu t no spe cific day shall be observed as a holiday for purpose of closing City offices and functi ons . -3- • I • • - • • • • ---------7--------- Section 4. • • • (e) During all holidays, City offices and functions shall be closed with the exception of those departments or divisions whose operation is necessary to the public health and safety . That Section 8, Chapter 6, of the '69 E.M.C., as amended, is hereby amended to read as follows: 5-6-8: SALARY AND WAGE SCHEDULE F. All employees covered by the terms and conditions of this Agreement shall receive on January 1, 1979 a SI X PERCENT (6%) wage increase based upon the 1978 wage salary schedule published at 5-6-8 of the Municipal Code. The salary schedule for the year 1978 Grade A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 906 951 3 820 863 906 951 999 4 863 906 951 999 1,048 5 906 951 999 1 ,048 1,101 6 951 999 1,048 1,101 1,154 7 1,101 1,154 1,213 1,274 1,336 8 1,182 1,243 1 ,305 1,367 1,438 9 1,274 1,336 1 ,403 1,469 1,54 5 10 1,367 1,438 1,508 1,582 1,662 11 1,469 1,545 1,621 1,701 1,785 12 1,582 1,662 1,742 1,830 1,923 13 1,701 1,785 1,874 1,967 2,066 The salary schedule for the year 1979 Grade A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 960 1,008 3 869 915 960 1,008 1,059 4 915 960 1,008 1,059 1,111 5 960 1,00 8 1,059 1,111 1,167 6 1,00 8 1,059 1,111 1,167 1,223 7 1,167 1,223 1,286 1,350 1,416 8 1,253 1, 318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,637 10 1,449 1,524 1,598 1,677 1,762 11 1,557 1,637 1,718 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1,892 1,986 2,085 2,190 -4- I • • • • • • • Section 5. That a new subsection (a) of Se ct i on 8, Chapte r 6 , Title V of the '69 E.M.C., as am e nde d, is h e reby orde r e d to read as follows: 5-6-8(a) TUITION REFUND PLAN Section 6 . (b) THERE IS ESTABLISHED AN EDUCATION REF UND PROG RAM, THE PURPOSE OF WHICH IS TO PROMOTE A CONTIN UI NG ED UCATION AN D DE VELOPME NT FOR GENERA L CA RE E R SERVICE EMPLOYEES IN ORDER TO IMPROV E THE EFFICIENCY OF CITY OPERATIONS. EXTENT OF TUITION REF UND. REFUNDS SHAL L BE GRANTED FOR ANY FORMAL COU RSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLL EGE, PROVIDED THA T THE COURS E IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE. SAID REF UNDS SHALL BE ON A F IRST-COME, FIRST-SERVE BASIS. UPON COMPLETI ON OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMB URSED IN FULL F OR BOOKS AND TUITION UPON PROPER BILLS AND PRO OF OF A PASSING GRADE HAVI NG BEEN S UBMITTED TO AND APPROVED BY DI RE CT OR OF EM PL OYEE RELAT I ONS . (c) THE COST OF TH E TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CO NTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMB ER OF ELIGIBLE EMPLOYE ES IN TH E CAREE R SERV I CE SYSTEM. That S ection s 2(a) and 3(a) o f Chap t e r 7, T itle V of the '69 E.M.C ., as amended, are h e reby amend e d to r e ad as follows: 5-7-2 : HOURS OF \'i'ORK -MONTHLY EMPLOYEES (a ) ALL CAREER SERVICE EMPLOYEES Shall work at lea st for t y (4 0 ) h ours per week , o r i n the c a se of shi f t work, a n average of fo r ty (40 ) hou r s per week . The wo rk week shall consist o f five (5) eight-hour sh if ts, o r other work s chedul e s as determined by the de partment h ead with approva l of t h e City Manag er . NOTHI NG HEREI N SH ALL BE CONS TRU ED AS GU ARANTEEING EMP LOYEES F ORTY (40) HOU RS OF WORK PER WEE K OR EI GHT (8 ) HOURS OF WORK PER DAY . 5-7-3: OVERTIME WOR K (a) FOR ALL CAREER SERVICE NON-EMERGENCY EMPLOYEES , e x cept as o therwise pro vided, duties performed over -5- • I • - • • , • 7 Sectio n 7. • • • and above the assigned work s c hedule or on ho liday s sh a ll be conside r e d ove rt i me fo r all monthl y e mploye es, OTH ER THAN EMPLOYEES WHOSE WORK SCHED ULE PR OVI DES A DAY OFF IN LIEU OF ANY HOLIDAY. Ov e rtime sha ll no t be computed nor compensation allotted on pre viou s l y accrued overtime. The appointing authori ty a n d the Career Service Board are h e reby authorized to e sta bl ish , b y agreements, specific positions wh i ch wi ll b e c o n- sidered exempt from overtime pay or compe ns a tory i me . Fire fighters shall receive overtime for dutie s pe r- f o rmed over and above the assigned workweek o f f i ft y -six (56) hours, with t h e hourl y rate c o mputed on a fifty-six-ho ur duty we ek wage ba sis. I.Yhen fi r e fighters work overtime on an emergency call-back bas i s, that overtime shall be computed on a forty-hour duty week wage basis. If a fire fi g hter on a full shift overtime basis works on an emergency along with other fire fighters on a call-back basis, he will b e compensated on the fort y -hour basis during the period of that emergency. Overtime shall not be computed nor compensation allotted on pre viously accrued over- time. The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will be considered exempt from overtime pay or compensatory time . That Section 2, Chapter 8, Title V of the '69 E.M.C., as amended, is hereby repealed and reinserte d to r e ad as f o l l ows: 5-8-2: INS URANCE BENEFITS (a ) Li f e Insu ran ce : Li fe i nsurance f o r e a c h eligible employee shall be Twe nty Thou s and Dollars ($20 ,00 0 ) for eve r y employee. The same conver sio n p r ivi l eges upon r etir ement of 50 % cov e r age paya ble by the e mployee will c ont i n ue . The A .D . & D. p rovision sh all be Twenty Th o u sa n d Do l l ars($2 0,0 0 0) for every eligi b le e mploye e . (A .D . & D. -Accidental Death a nd Di smembe rment) (b) Dental Insurance: Ci t y funding of the coverage for the City Dental Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For description of the coverage provided, see the City Dental Insurance Plan) -6- • I • • , • • • • (c) Health Insurance -Employee s -Reti re es: (1) City funding of the c overage for the City Health Insurance Plan will b e 100 % for single, 75% for dependent and the employee sha ll be charged 25 % of a dependent coverage. (For description of the coverage provided, s ee the City Health Insurance Plan) (2) Major medical insurance SHALL be increased to include pregnancy which presently is an exclusion. (3) Health insura nce coverage for retiree s will be provided by the City on a non-partic ipatin g basis. Th e total premium will be paid b y the individual. The coverage will coordinate with Medi ca id wherever appli cabl e. (4) Those retirees under the City of Englewood health insurance plan on a direct pay basis and future retirees of the City will be covered at City cost for their individual health insurance coverage. The City will not contribute toward s the dependency coverage but the retiree remains eligible to carry tha t c overage on a direct pay basis. Section 8. That all ordinances or parts of ordinan c es in conflict with the provisions of th i s ordinance are hereby expressly repe aled. In troduced, read in full and passed on first read ing on the day of , 1978. Publ i shed a s a Bill f or an Ordinance on the _____ day of 1978. Mayor ATTEST: e x officio City Clerk-Treasur~ -7 - • I • • • , • • • • 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 1978. ex offic~o City Clerk-Treasurer -8- I • • • • • • • • INTODUCED AS A BILL BY COUNCILMAN ______ C_L_A_Y_T_O_N ________________ _ BY AUTHORITY ORDINANCE NO. 'IJ , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTI ON THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKIN G LO TS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 2, Title XIV, of the '69 E.M.C. is hereby amended by adding a new Section 6 to read as follows : Section 2. 14-2-6 PARKING OF MOTOR VEHICLES IN PRIVATE PARKING LOTS Where private property, or portion thereof, is devoted to the purpose of parking motor vehicles, and where the owner, or other authorized person, has established parking restrictions on said property, which restrictions are prominently posted so as to give notice thereof, it shall be unlawful for any person to park or to stand a vehicle, whether occupied or not, i n violation of the parking restrictions so posted. The City Council finds and determines that the above section was inadvertently omitted from Ordinance No. 24, Series of 1978, adopting the 1977 Model Traffic Code for Colorado Municipalities and finds that an emergency exists and that the passage of this Ordinance is necessary for the immediate preservation of the health, peace and safety and declares that this Ordinance shall take effect upon publication following final passage . Introduced, read in full and passed on first reading on the ~day of November, 1978 . ] 7} I • • 1 - • 0 • • • • • Published as a Bill for an Ordinance on the 22nd day of November, 1978. Read by title and passed on final reading on the 5th day of December, 1978. Published by title as Ordinance No. _______ , Series of 1978, on the _____ day of December, 1978. 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 the Ordinance, passed on final reading and published by title as Ordinance No. _____ , Series of 1978. ex officio City Clerk-Treasurer -2- I • • • • • • • INTODUCED AS A BILL BY COUNCILMAN ______ c_L_A_Y_T_O_N ________________ _ BY AUTHORITY ORDINANCE NO. "f./ , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 2, Title XIV, of the '69 E.M.C . is hereby amended by adding a new Section 6 to read as follows: Section 2. 14-2-6 PARKING OF MOTOR VEHICLES IN PRIVATE PARKING LOTS Where private property, or portion thereof, is devoted to the purpose of parking motor vehicles, and where the owner, or other authorized person, has established parking restrictions on said property, which restrictions are prominently posted so as to give notice thereof, it shall be unlawful for any person to park or to stand a vehicle, whether occupied or not, in violation of the parking restrictions so posted . The City Council finds and determines that the above section was inadvertently omitted from Ordinance No. 24, Series of 1978, adopting the 1977 Model Traffic Code for Colorado Municipalities and finds that an emergency exists and that the passage of this Ordinance is necessary for the immediate preservation of the health, peace and safety and declares that this Ordinance shall take effect upon publication following final passage. Introduced, read in full and passed on first reading on the ~day of November, 1978. • I • • • • • • Published as a Bill for an Ordinance on the 22nd day of November, 1978. Read by title and passed on final reading on the 5th day of December, 1978. Published by title as Ordinance No. ~/ 1978, on the~day of December, 1978. Mayor ATTEST: ex officio City Clerk-Treasurer , Series of I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No.~, Series of 1978. ex off1c1o City Clerk-Treasurer -2- I . • { • • • • INTRODUCED AS A BILL BY COUNCILMAN ___ c:_!_~_y_~~~---__ _ 7 c i BY AUJ{ORITY ORDINANCE NO. ~ , SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PUR POSE .' IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINN fNC JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979, CONSTIT UT ING '11/\T IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL Y ~i\K 1979 . NOW, THEREFORE, BE IT ORDAINW HY THE CITY COU NCJ I. O F THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. --·------ That there be and there is hereby appropriated from the revenue deriving from taxation in the City of Englewood, Culu ruJ o , from collection of licenses fees and f ro m all othe r s our c,·,; of rL'- venu e during the year b eginning J a nu a ry 1, 1979 and e nd in 1 ~ lkn•mlw r 3 1, 1979, th e am oun ts hereinafter set fo rth f or the objec r ·""I pur-- pose specified and set opposite thereto , spec ifically as r "l l ow!>; to wit: Legislation a n d Counc il Municipal Cou r t Administration Public Works F ire Police Community Developmen t Library Parks and Recreation Total Gen eral Fund Construction o f ma jor capital pro jects Total Water Enterprise Fu nd Sewer En ter pr is Fund Total Sewer Enterprise Fun d • $ 29 Cl,CJ9 ~> 16 9' I Q I 964 .93i 1. 93 1 . n 2 ,04 5,5]7 2,556 .7 4 '·04 5 2, 349.3 2 /r 1,5 74 . 77 $ l0,28 7.SOO .-.,...,.= $ 2,254 .5 00 $ 8 ,481 .2 7 '• $ 4,252 ,918 I • - • • • • • • - 2 - Golf Course Fund ---------------- Total Golf Course Fund $ 150 ,641 GRAND TOTAL $ 25,4 2 7 ,133 Section 2. The foregoing appropriations shall be consider ed t o be appropriations to groups within a program or department with in the fund indicated, but shall not be construed to be appropri ati on s to line items within any group, even though such line items rnuy be set f orth as the adopted budget for the fiscal year 197 9 . ~ection_l:_ All monies in the hands of the Dir e ctor of Fin a nce, or to come into his hands for the fiscal year 1979, may be a p pl i ed on the outstanding claims now du e or to become due in th e said fiscal year of 1979. Section 4. All unappropriated monies that may come into th e h a nd s of the Director of Finance durin g the year 1979 may b e so dis - tributed among the respective funds herein as the City Cou n ci l may deem best und e r such control as is prov i ded by la w. During or at the close o f th e fis cal yea r o[ l9 7H, u n y surplus money in any of the respective funds, a f ter a ll cl ;1 ims for 1978 against the same have been p a id, may b e d i str ib u Lc <i to any other fund or funds at the discretion of the City Co un ci l. Introduced, read in full, and passed at first r ead in g on the 20th day of November ____ , 1978. Published as a bill for an ordina nc e on the _2_2nd _ ti ay of November ______ 1978. Read by title and p assed on final reading on the day of , 1978. Published b y title as Ordinance No . Series of 1978, on the day of , 1978. Mayor • I • • - • • • • • • -3 - ATTEST : ex officio City Clerk-Treasurer I, William D. James, ex officio Ci ty Clerk-Treasurer, of the City of Englewood, do hereby certify that the above and foreboing is a true, accurate and complete cop y of the Ord i- nance, passed on final reading and published by title as Ordi- nance No. , Series of 1978. ex officio City Clerk-Treas ur er I • - • • 7 • • • I TRODUCED AS A BILL BY COUNCILMAN __ <::_~~-~~~----__ _ BY AUTHORITY ORDINANCE NO. ~ , SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURP O '1·:.· I THE CITY OF ENGLE WOOD , COL ORA DO, IN THE FISCAL YEAR BEGINN T1 C JANUARY l, 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING Wlli\T IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL H M 1979 . NOW, THEREFORE, BE IT ORDAINED HY THE CITY COUN CJI. OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section l. --------- That there be and there is hert!by appr op riated frorn tht! revenue deriving from taxation in the City of Englewood, Colorado, from collection of license s f e es a nd f r om all other so urcv H or re - venue during the year beginning Janu a ry l, 1979 and e nd i n 1 ~ lkel'rnlw r 31, 197 9, the amounts hereina f ter set forth fo r the objecr ·'''" pul·- po se specified and set opposite thereto, speci fic ally as !'ul lo ws; to wit : Legislation a nd Council Municipal Court Administration Public Works Fire Police Comm un ity Development Li brary Parks and Recreation Total General Fund Construction of major capital projects Total Water Enterprise Fund Sewer Ent er pr ise Fund Total Sewer Enterprise Fund $ 29 0 ,99) 16 9. '19 l 964.93 1 1,93 1.0 73 2. 04 5.537 2,556 ,7 44 '•04 . 5 2B 34 9 ,32 !, 1,57 4 ,877 $ 10,28 7.8 00 .;...... ___ _.,.;_ --~~= $ 2,254_5 0() $ 8,48 1.27 !, $ 4,252,918 I • - • • • • • -2 - Go lf Course Fund -----·------- Total Golf Course Fund $ 150,641 GRAND TOTAL $ 25,4 27 ,133 Se ct i on 2. The foregoing appropriations shall be con side reJ to be appropriations to groups within a program or department within t he fund indicated, but shall not be construed to b e appropr iation s to line items within any group, e ven though such line items muy be set f orth as the adopted budget for the fiscal year 197 9 . ~ection-.l.:_ All monies in the hands of the Dir e ctor of Financ e, or to come into his hands for the fiscal year 1979, may be applied on the outstanding cla i ms now du e or to become due i n th e said fiscal year of 1979. Section 4. All unappropriated monies that may come i nto the hand s of the Director of Finance during the year 1979 ma y be so di s - tributed among the respective funds herein a s the City Council may deem best und e r such control as is provided by law . During or a t the close of the fis cal year o[ l 97tl , an y surplus money in any of t he respective funds, after all c L1i ms for 1978 against the same hav e been paid, may be distribuL e J to any other fund or funds at the d i scretion of the City Counci l. Introduced , read in full, and passed at fi rst r ead ing on the 20th day of November , 1978. Published as a bill for an ordinanc e on the _£2.nd _ day of November ··-----· 1978. . 1M - of 1978, Read by title and passed on final reading on the day of l&t~ , 1978 . Pub lis!~:( title as Ordinance No. </01 , Seri es on the (Q~ day of AJ~ 1978 . Ma y or • I • • • • • • - 3 - ATTEST : ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer , of the City of Englewood , do hereby certify that the above a n d foregoing is a true, accurate and complete copy of t he Ord i - nance, passi1~n final reading and published b y title as Or di - nance No. , Series of 1978. ex officio City Clerk-Treas urer I • • • • • • INTRODUCED AS A BI LL BY COUNCILMAN CLAYTON 7 D BY AUTHORITY ORDINANCE NO. _lfjl _, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. WHEREAS , pursuant to the prov~s~ons of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8 , 1958, a budget for the fis - cal year 1979 was duly submitted by the City Manager to the City Council on September 15, 1978; and WHEREAS, a public hearing on the said budg et was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on September 25, 1978, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of Ordinance; and WHEREAS, the City Council adopted Resolution No. 61, Series of 1978 on the 20th day of November, 1978, said Resolution amending the 1979 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. -------- That the budget of the City of Englewood, Colorado, for the fiscal year 1979, as submitted by the City Manager and duly considered by the City Council after public h ea ring and amended by Resolution No. 61, Series of 1978, be and h ere - by is adopted as th e budget f or the City of Englewood fo r the fi scal year 1979. Section 2. That the said budget as amended and accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available fo r the use of the City Counc il and the pub- lic, the number of copies to be determined by the City Manager. Introduced, read in full, and passed at first read- ing on the 20th day of November, 1978 . • • I • • • • • • -2 - Published as a bill for an ordinance on the 20th day of November, 1978. Read by title and passed on final reading on the day of ____ . ______ , 1978. Published by title as Ordinance No. , Series of 1978, on the _day of ________ :=__:--=-r978. 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 the Ordinance, passed on final reading and published by title as Ordinance No. ------, Series of 1978. ex officio City Clerk-Treasurer- I . ' • • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUJJWRITY ORDINANCE NO. ~-· SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. WHEREAS . pursuant to the prov~s~ons of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a bud g et for the fis- cal year 1979 was duly submitted by the City Mana g er to the City Council on September 15, 1978; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on September 25, 1978, regular notice of the time and place of said hearing having been published within seven days after submiss i on of the budget, in the manner provided in the Charter for the publication of Ordinance ; and WHEREAS, the City Council adopted Resolution No. 61, Series of 1978 on the 20th day of November, 1978, said Resolution amending the 1979 budget . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. -------- That the budget of the City of Englewood, Colorado, for the fiscal year 1979, as submitted by the City Manager and duly considered by the City Council after public hearing and amended by Resolution No. 61, Series of 1978, be and here- by is adopted as the budget for the City of Englewood for the fiscal year 1979. Section 2. That the said budget as amended and accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the pub- lic, the number of copies to be determined by the City Manager. Introduced, read in full, and passed at first read- ing on the 20th day of November, 1978. I • ' - • • • • • - 2 - Published as a bill for an ordinanc e on t he 20 th day of No vemb e r , 1 978. of 1978 , ATTEST: Read by title and passed on fina l reading on t he day of --~---· 1978. Publish7d ~Y, title as Ordinance No. _fL. Series on the __/p...L.J)._ day of -~-· 1978. ex officio Cit-y Clerk-T-r e -as ure r - 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 the Ordinance, pass~4on final reading and published by title as Ordinance No . ~ , Ser i es of 1978. exoTficio City Clerk-Tr easurer • I . - I ' • • T • • • INTRODUCED AS A BILL BY COUNCILMAN __ ~~~L~~tr~AV~~~~~~~~~~~~~~=----- / A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE I V , ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. WHEREAS, Section 21 of the Charter of the City of Englewood initially fixed the amounts to be paid as monthly salaries to the members of the City Council of the City of Englewood; and WHEREAS, the aforesaid initial salar ies effective July 8, 1958 were modified by Ordinance No. 41, Series of 1969 and Ordinance No. 50, Series of 1976; and WHEREAS, the growth of the City of Englewood during the ensuing years and the duties and responsibilities of members of City Council have correspondingly increased and that the time spent on City business by members of the City Council has likewise increased; and WHEREAS, it is now appropriate that the future members of the Englewood City Council should receive an increased compensa- tion over and above that which was initially set for November of 1969 and January of 1976 for three of the members of Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 41, Chapter 4 , Title I of Article IV entitled "Council Salaries" is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen • $500 $450 $400 I • • - ( ct • 7 • • • Section 2. That the Councilmen's salaries set forth in Sec tion 1 hereof shall take effect for all council t e rms c ommencing on and after 7:30 P .M. on the first Mo nday after Janua r y 1, 1980. Introduced, read in full and passed on fir st reading on the day of 1978. of Published as a Bill for an Ordin ance on t h e _______ day 1978. Ma y or 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 1978. ex officio City Clerk -Treasurer I . • • • • INTRODUCED AS A BILL BY COUNCILMAN Mann/Williams -------------------------------- A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR F UTURE MEMBERS OF THE ENGLEWOOD CITY COUNC IL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. WHEREAS, Section 21 of the Charter of the City of Englewood initially fixed the amount s to be paid as monthly salarie s to the members of the City Council of the City of Englewood; and WHEREAS, the aforesaid initial salaries effective July 8, 1958 were modified by Ordinance No. 41, Series of 1969 and Ordinance No. SO, Series of 1976; and WHEREAS, the growth of the City of Englewood during the ensuing years and the duties and responsibilities of members of City Council have correspondingly increased and that the time spent on City business by members of the City Council has likewise increased; and WHEREAS, it is now appropriate that the future members of the Englewood City Council should receive an increased compensa- tion over and above that which was initially set for November of 1969 and January of 1976 for three of the members of Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 41, Chapter 4, Title I of Article IV entitled "Council Salaries" is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen ~i!59 ~i!i!S ~i!ee • $500 $450 $400 I • • < • • • • Section 2. That the Councilmen's salaries set forth in Sec tion 1 hereof shall take effect for all council terms c omm encing on and after 7:30 P.M. on the first Monday after January 1, 1980. Introduced, read in full and passed on first reading on the 5th day of December, 1978. Published as a Bill for an Ordinance on the of December ., 1978. 6th day ATTEST: ~~.Zf ' -Mayor 1 7 ex officio ~k 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 5th day of December, 1978. ex officio C~rk Treasurer • I • • ..... - ( • ( • • • • 7F RESOLUTION NO. VJ~ , SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. WHEREAS, the City Council of the City of Englewood, Colorado, recognizes that sound and adequate shelter is a basic human need, that each resident in the Denver Metropolitan Area is entitled to a decent home, and that the provision of this housing is a public as well as private repsonsibility; and WHEREAS, the City of Englewood is a member of the Denver Regional Council of Governments and has participated in the development and adoption by the DRCOG of the Regional Housing Opportunity Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, hereby approves the DRCOG Regional Housing Opportunity Plan as adopted by the DRCOG on July 19, 1978. Section 2. That the City of Englewood, Colorado, agrees to make any Housing Assistance Plans required by the Department of Housing and Urban Development generally consistent with the Regional Housing Opportunity Plan. APPROVED AND ADOPTED this~"-t.f.. day of December, 1978. Mayor Attest: e x off~c~o C~ty-Clerk Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate , and complete copy of Resolution No.~3 , Series of 1978. ex offic io City Clerk-Treasurer • I • - ( 0 • ( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD HOUSING AUTHORITY. DATE: November 29, 1978 SUBJECT: Regional Housing Opportunity Plan RECOMMENDATION: Betty Beier moved: Cindy Peterson seconded: The Englewood Housing Authority endorse the Regional Housing Opportunity Plan and recommend that it be supported by the Englewood City Council. AYES: Beier, Peterson, Clayton, Burns NAYS: None ABSENT: F i xter The motion carried. By Order of the Englewood Housing Authority {tLU {. d( dUL Ul tU ~'\.-. Alice Fessenden Ac tin g Executive Director • Q 7 F 4 I • - ' • • (I • • • • THE DENVE R R EGIONAL COU CIL OF GO VE RNMENTS THE RE GIONAL HOU IN OPPO RTU NITY P L AN Qu estions and Answers 7 F WHAT IS THE REGIONAL HOUSJ G OPPORTUNITY PLAN (RHOP )? The RHOP i s a housing plan for the fi v e coun t y De nver region outli ning lower income family housing ne eds and providi ng equitable hou sing goals for each ju r isdi ct ion up to 19 85 2. WHY HAVE AN RHOP ? a) An adopted and approved RHOP will qua l ify l ocal jurisdictions for certain federal funds b) An adopt ed and approved RHOP will help local governments identi f y specific local housing problems, and assi st l ocal government in addressing the problem of providing adeq uate housing for all local residents. 3. WH AT C AN LOCAL GOVE R NMENTS DO TO I MPLEMENT THE R HOP ? a) L oc al governments can review and approve the plan b) Local government s in partn er ship with federal , state , regional, and other loca l agencies, can implement the plan strategi es c) Local government can take advantage of the se rvic es of the proposed Metro- politan Housi ng District i n meeting housing needs outlined i n local hou i ng plan and the RHOP . 4. WHA T ARE THE PURPOS ES AND BENEF ITS OF A METROPOLITAN HOUSIN G DISTRIC T (M HO)? 5. a) T he MHO would provide technical assis tance to local governments a reque ted . b) A ddit ional housing funds would be a vailable t o loca l governm ents . c) Private spon ors would be a 1 ted 1n applying for federal ho u i ng progr ams consi stent With local lo using pla n d) Upon agreemen wi t h o locH!~ ve nmen the MHO coul d develop and manag hou ing for tha t j uriSdi ct ion. e) The MHO wou lrl pro mo e t hc Hlloca 1on o additional hou i ng funds . WHAT AR E THE LOWER IN C OME HOU lNG NEEDS OF THE REGION ? There is an existing housmg need f or 48,688 lower income families, and a need f or the reh abilitation of 32 ,450 units. About 16 ,920 additional low and moderate income famili es wi ll need housmg by 1980 in the Den ver region . I • • • • • • 6. HOW ARE THOSE NEEDS TO BE M ET ? a) The t o tal regional need i t oo great to be met wi th c ur re nt or projected r es o urce s b) Reali stic performance objectives have been et based upon available federa l state , and local funds . c) A 3 yea r performance objective of 23 ,196 units meeting approximately 25% of the regional need is projected , which is divided among member jurisdictions by a fair share formula . d) With the assistance of local governments. three cr ite1·ia were used to set the allocation policy: need--a measurement of the number of poorly housed persons; distribution-ameasurement of the degree of concentra t ion of lower income lamJJJe s 10 each jurisdiction ; and suitability-a measurement of each community's potential for economic growth 7. WHAT TYPE OF HOUSIN G ASSISTAN CE IS AVAILABLE TO LOCAL GOVERNMENTS '! Housing assi stance is available for family rent supplemen t , rehabilitation loans , funds to build , programs for homeowner hip or rental housing , and funds to build utilities and other services necessary for housing development. Housing funds are available from the Department of Housing and Urban Development for elderly, families, and handicapped. Funds ar e also available from the Farmer's Hom e Administration for ownership and rental rural housing. The C olorado Housing Finance Authority, through its loans to lenders program , provides housing for mode r ate to middle i ncome families The Colorado Division of Housing provides grant to non -profit and publ ic agencies assi st ing in buying lan d or i n providing rehab loan . Spec i al bo nu funds may also become available because of part i cipat i on in th e RHOP. 8. WHY SHOULD LOCAL GOVERNMENTS PARTICIPATE? a) The opportunity to obta i n fund t o preserve exi sting housing st ock b) The opportunity to obta i n funds f or hous i ng and commun i ty development not otherwise av ailable to loca l governments i n the region . c) Because loca l go v ernm ent are as i ted i n prov i ding housing for citizens expected to live i n their commun i t y as a r esu lt of e mploy ment opportuniti es . d) Beca use all c ommun i t i es be nefit from a reg i on that i s economically , physicall y , an d soci ally hea lthy. I . - • • • (t • • • - 8/31/78 REGIONAL HOUS I NG OPPORTU IlY P LA N (RHOP) SUMMARY 1972 Regional Housing Plan In 1972, the De nver Regional Counc il of Governm ents (DRCOG ) adopted a Regional Housing Plan (RHP), popularly known as the DRCOG "Fair S hare Plan", t o address the r egion 's most c ritical hou s ing prob l ems and t o a ssist lower income families, who in growi ng numbers could not compet e for adequa te hous ing on the open ma rket. In the six years since the adoption of the RHP, considera b le progress has been made in housing low er income families . Prog r ess in RHP implementation incl udes a c tions b y 73 % of t he local governments approving the plan, the f o rmation of eleven new hous ing authorities , more lower i ncome family housing being built in t he subur bs, and HU D alloca ting a nnual un its more consistently wit h r egional needs . However, in th e face of g rowing housing needs , the region has only managed to meet 2 0% of t he es imated 1972 -1 977 need o f 2 1,4 5 4 unit s . Federal and state allocations have not always been consistent w i th regional goa ls. In 1977 it became apparent hat new federal programs and requirements and rapi d cha nges in the Denver region r quired a r eevalua tion of reg i onal hous ing n eeds and goals. Re asons for a Regiona l Hous i ng Op portunity Plan (RHO P) The RHO P has been p r epared pursuant to the March 1 , 1 9 77 dir ective of Council. One pur pose of the RHOP is to guide the annual alloca ti on o f hous ing fu nd s from the Departme n t of Housing a nd Urban Development (HUD), Far mer's Home Admini stration, Colorado Housing F inance Au tho rity, and the Colorado Division of Housing . In 1977 the se fu n ds totaled a pproximately $41 million . Th e RHOP was pre par ed in order to qualify local governments in the Denver region for HUD special allocation funds which, in 1 978 nationally were $30 million for hou sing, $16 million for Block Grant , and $800 ,000 f or 70 1 pla nn ing funds . A RHO P a ls o allows local gover nm ents additional evaluation points when ap p lying for s mall cities gr nts . Twenty local governments in the De nver reg ion ap p lied f or th e $5 million in small cit ies g ra nts made available t o the r egion in 1 9 78 . Cities applying fo r Urban Devel o pment Action G rants have a strengthened applicatio n if it is cons i stent wit h a RHOP. In 1 978 , $110.9 million we re made available nationally o f which Denver received S 1 3 .5 million • I • • • • • • While the HUD requirements for land use and housing certifica tion do not specifically require an RHOP, they do r equire most all ele ment s now found i n the DRCOG RHOP . Without certifi cation , DRC OG 701 Compr ehensive Planning Assistance funds ($ 14 0,000 in 1978) woul d b e in jeopardy. Reg ional Housing Needs The basis for the RH O P is an assessment of housing needs w hich finds an existing housing need for 48 ,688 lower income familie s, and a need for the re ha - b ilitation of 3 7, 450 lower income un its in 1977. About 16,92 0 additionalfa mi lies will n eed housing by 198 0 as summarized in Exhi bit 1 . Housing "need " is define d simply as the difference be tween dema nd and supply and represent s the number of h ouseholds unabl e to obtain housi ng at a t o tal monthly cost o f no mo r e t han 25 percent of their ho usehol d g r o ss income . I n addition, the RHOP estimates the tota 1 number of su bs idized housing units needed in a particular juris d iction . The 197 7 Needs Asses sment has four e lements: an assessment o f current hou sing demand, an esti ma te -of 1977 housing suppl y, an es tima te of present hou sing n eed , and a projection to 1980 and 1985 of hous i ng demand and need. An analysis was made of housing needs for mun i cipalities and ba lanc e of countie s b y comparing housing demand by income and population subgr oups and~ by housing ty pe, occupancy, rent and value . Uti lizing the 1970 cens u s data a s a ba sic fra mewor k , housing n eeds as of Ja n uary 1, 1 977 were es tima t ed . To as sure consistent, comparab l e data for all j ur is d i ctions, common da ta elements were develope d at the re g ional l e vel even t hough de tailed current data may be available for a f ew juri sdi c tions . Some existing housing units i n the r egion are so deteriora t ed t hat 1t is not economical to repair them, a nd an es ti ma te d 22,73 6 un its "in need of re- placement" w e re subtracted fro m the total regional hous ing supply to es timate the net number of units availa b l e to meet de mand . Some hou s ing units in the available s upply, a lt hough deteriorated, can be economically reha b ilitated. Al mos t 75 % of the estimated 32,4 50 ho sing units considered "sui t able for re habilitation " a r e located in Denv r . An e sti ma t e of subg rou12 needs for lderly households, large families, other fami lies, female-headed households, handica p ped persons and minority hou se- holds p r ovides th e basis for regional policy on the propor tional allocation of h ousing assistance to thes subgroups. Rehabilitation need es timates a r e based on age of structure and 1 970 values nd r ent s inflated to 1977 , and provide a generally valid o t al and cross section e stimate o f the housing stock i n need of rehabilitation for purposes of a llocating available reha b ilitation assis ta nce . Regional Housing Allocation Policy It is the re gion 's alloca tion policy that all commu nitie s p l an for 'the pro- vision of l o wer income housing and that l oca l housing assistance p lans and housing goals should be consistent with t he RHOP. The regional short range a llocation poli cy covers t he three year 1977-198 0 per iod and will gu i de local housing plans developed during this time . The policy will apply t o the d istri- bu tion o f all federal and stat su b sidized housing funds for lower income per sons . I • • • • • • Three crite ri a a r e used i n the a ll o cation policy: ne ed - a measurement of the number o f poo rly hous ed p e rs ons; d i s tribu ti o n -a ~urement o f the degree of concentra t ion of l o w er income families i n each jurisdic !on; and suitability- a mea s ur eme nt of each community's potential for eco n om i c g rowth . The regional housi ng a llocati on p o li cy is based on an estimate of i n -p l ace hous i ng needs and adjusted by t he crite ria measures shown in Exhibit 2: Propose d Regional Hou sing Alloca tion C rite r ia and Factors . These measures will cha nge o ver time and s ho u l d be upda t ed w hen new data is available . It was d ete r mined ea rly i n t he pr ocess of develop i ng t he a lloca tion poli c y tha t the polic y shou l d appl y t o ju r isdi c ti ons with popul a tions over 25 ,000 and the "ba l ance o f t he countie s," includi ng the smaller mun i c i pa lities and un incor- p ora ted a r eas , an d that t he allocation polic y shoul d pr ovide both numeri cal and percentage g oals. Th us, the po licy both a llocates subs idized hou s ing a s si s - ta nce and a d ju sts l ower income housing needs to r e flect regional housing o bjectiv es . Allocation cons i deration is given t o jurisdictions u n der 25,000 pop u lation , b ut beca u s e o f the economics of a lloca ti ng a small number of uni t s to s ma ll juris d ictio ns, s uc h j uri sdictions a r e ur ged t o w or k c l os ely with other j uris- d ictions withi n the i r county for a n a lloc atio n an d a p rogr am of imple me n t a ti on . The allocatio n p o lic y see k s , as one obj ective , t o ac hieve t h e deconcentra- tion of minori t y and lower i ncome f a mi lies l n t he r eg ion. I n a llocating f utur e h ousing as sista nce , the p o licy c a ll s f o r d i s tri bu ting 22 % o f a v a ilable a s sis - t a n c e to Denver and 7 8 % t o sub ur ba n a r e a s . This d istri bution compa res wit h the concentration of 7 0% of the r eg i on's mi nority p o pulati on a n d nearly 4 5% of the lower income house h olds l n Denver . To e ncoura g e deconcentra ti o n , jur isdi c tio n s with ho u si ng goals i n excess o f loca l n e e d are a ssigned an "outreach g oal " to a s sure an equ ita b le d istribution betwe en exi s ti ng local ne ed and fam ilies e x pected to r eside i n that jurisdiction as a result of planned emp l oym e n t . Applicati o n o f the a ll ocation policy is summarized in Exhi bit 3 : Regional Housi ng Alloca tion Poli cy Summary . A compa ris on of the perfor ma nce object ives a n d a vaila b le reso ur ces ind i c ates hat without a signif icant increa se i n regional fu n d ing , ho u sing n eeds w i ll cont inu e to outs trip production . Re gional H o u sing O pport un i ty Pla n Goals The a d opt e d Reg i onal Housing Oppor tuni ty Plan (RHOP) opens ne w oppor- tu n ities for low e r i ncome fami lies throughou t the region , es t ablis h es a n ew regio na l housing allocation policy, and proposes housing goals, o b jecti ves and p oli c ies with stronger implementat10n strategies t han t he 1 972 RHP . The 1 9 77 RHOP g oals and polici es are broad in their d i recti o n ye t specific in re g ard to gove rnmenta l acti o n at various lev e l s . The Reg i onal Housing Oppor-tunity Plan goals are : -3 - I • • • • • • 1. Equa l access to adequate housing. 2. An adequate supply of affordable hou sing . 3. Housing opportunities near employment . 4. Expansion of homeowners hip opportunities . 5. Deconcentration of minority and lower income households . 6 . Rehabilitation of declining neighborhoods. The RHOP goals, objectives and policies are directed toward the single over- riding purpose of meeting the housing needs of present and future residents of the region. In pursuit of the housing goals, and to meet the region's housing needs, the following housing objective s have been adopte d as guidelines . The policies have been grouped as actions to achieve the foll owing 15 specific h ousing pro-gram objectives: 1. Housing Supply-assuring the r egion of an adequate hous ing supply for all income ranges . 2. Assisted Housing -meeting the housing needs of lower income families. 3 . Rehabilitation -renewing current housing stock . 4 . Mobility -providing for maximum mobility for lower income families. 5 . Affirmative Marketing and Equal Opportuni ty-making housing a vailable to all families without restrictions of race, color, or c reed . 6 . Regional Growth and Development -encouraging growth only in areas planned for development. 7 . Stabilization and Deconcentration -reducing overc oncentrations of lower income families. 8 . Suburban Growt h and Development-insuring orderly g rowth in su burban areas . 9 . Regional Housing Opportunity Plan -preparing, adopting and main- taining a regional housing plan . 1 0 . Regional Housing Delivery-creating a regional hous i ng de livery system . 11. A-95 Review -reviewing federally funded projects. 12. Housing Market -financing housing opportunities for lower income families . -4- l I • • ]- • • • • • - 13. Lower Income Housing Opportunities -expa nding housing choices f or lower income families in the reg ion . 14. Environment and Quality of Life - e ns uring a high quality living en-v1ronment. 15. Citizen Participation -increasi ng c itizen involvement in housing planning and management. Objectives and policies p ut fles h on the regional goals by giving them content and direction . For example, the goal of im proving housing supply is quantified by the Ho using Supply objective to provide 137,200 units by 198 0 . RHOP Implementation Although implementation of the RHOP relies primarily upon local governments , all levels of gove rnment are encouraged t o develop joint programs to implement those strategies which may require c l ose intergovernmental coord i nation for implementation. To stre ngthen goal implementation, DRCOG has recommended specific strategies for each level of government a nd encourages cooperation among all levels of government in the achieve ment of regional housing goals. Implementation of the RHOP is premised upon the creation of a Metropolitan Housing District in the Denver region as the most feasible way of developing a regional housing delivery capa bility. The Metropolita n District would have the powers to coordinate, allocate, d is burse fede ral and state housi ng funds, and finance, develop, build and operate lower income housing in accordance with cooperative agreements between the MHD and local governme nts . Assi s - tance to local governme nts in th e planning, financing and prod uction of lower income housing wou ld be a n imp ortant fu nction of the district. Most strategies for implementation of the RHOP are actions s ugg ested for local governme nts as the mo st effective level of government to achieve regional housing goals. The prepara tion , maintenance, r eview an d monitoring of t he RHOP would c ontinue to be a DRCOG respons i bility . -s- I • - • • • • • • EXHIBIT 1 REGIONAL HO USING NE EDS SUMMARY Lower Income Middle/Up per Income Total Existi ng Need (1977) Total Household Need 48 ,688 70 ,0 30 121 ,718 Rehab1litation 3 1,679 TOTAL Futur e Need 1 980 Need 1985 Need Total House -: hold Need Re habilitation : Future Need 771 32 ,45 0 80,367 73 '801 15 4,1 68 98,058 138,0 53 236,111 114,673 250 ,3 49 3 65,02 2 The difference between housing demand and net housing supply . An estimate of the existing number of households that are unable to obtain housing at a total cost o f no mor e than 2 5 perce nt of their household gross income . Number of exist1ng hous ing un its e sti ma t ed to be in n eed of a nd "s uita ble for rehabilitation ." Diffe r ence between projec t ed housing demand and net housing supply ; includes existing household need. -6 - I • • • • • • • EXHIBIT 2 PROPOSED REGIONAL HOUSING ALLOCATION CR IT ERIA AND FACTORS Need -To meet the needs of families who are poorly or inadequately housed. Distribution -To allocate housing assistance to meet the goals of equal housing oppor- tunity and red uction In the con- centration of low Income and minority hous ing. 1. Present Lower Income Need: Number of Income-elig i ble households (less tha n S 16, 00 0 Income) presently In need of housing. 2. illected -to-R eslde : Number of ad di- tional low -income households expected to reside In a c ommunit y due to pres- ent or futur e employment . 3 . Minority Concentration: An Inverse multiplier which uses the regional wh ite population pro portion (81. 3%) as a standard t o red istribute (disperse) mi nority hou s eholds. 4. Cre dit for Past Pe rformanc e : A multi- plier wh i ch gives a commun it y credit for the amount o f low -and moderate- inc om e hous ing provided as a percen- tag e of its total ho using stoc k. 5 . Reg ional Income Proport1onal1!y: A multiplier de 11 !g ned to redistrib ute (disperse) existing low -Income popu- lation concentrations using the region a l percentage of low-Inc ome persons as a base. -------------------------------------------- Suitability -To direct housing toward development or g rowth opportunities and to c onsider a community's a bility to a b sorb housing. 6. [!se al _r~a c lt y : A factor wh i ch measures a c ommunity's relative ~entl£!. to supply services by c om- paring local per c apita assessed val- ua tion on a re gio n al basis. 7. !;~ctfLcU'..QP_y latlon~.nQ_Em.Q!_QYffi~D!. Growth: A fa ctor c ombining th e pro- je c ted net Increases (or decreases) In population and employment. --------------~---------------------- -7- I • • I Q) I • Municipalities Arvada Au r o ra Boulder Denver Englewood lakewood Little t on Longmont Northglenn Thornton Wes tminster Wheat Ridge Balance of Count ie s Adams Arapahoe Boulder Jeffers on 5 County Totals EXHIBIT 3 DENVER REG IO NA L HOUSING O PPO RT U NITY PlA N Housing Allocation Policy Summary# ru wcan on Distribution Performanc e Olll_ec tive s New & 1980 Need Annual Ann ual Existing Rehabili-(3 Year Ne w & Re ha b ili-Annua l Housil'lQ tation Goau_ Existi qg_ t a tion Tot al % % 3 .2 • 5 2 ,2 7 0 13 1 1 8 149 4 .7 • 9 3 ,4 28 193 33 '16 4 .3 3.2 3 ,888 1 76 11 6 2 92 21. 6 73 .5 38 ,1 92 887 2,667 3 '5 54 6.4 3 .9 5 ,52 7 263 141 404 6 . 7 1.8 5 ,044 275 65 3 40 2.9 • 7 2,160 119 25 144 2.4 2.3 2 ,342 98 84 182 .5 --332 21 -0 -2 1 1.0 --669 41 -0 -41 2.6 .3 1 ,807 1 07 11 118 2 .6 1.3 2 ,1 56 107 47 154 4.8 4.9 4 , 772 197 1 78 3 75 8 .9 1.5 6,3 82 365 54 4 1 9 7 .1 1.9 5 ,3 15 29 1 69 360 2 0 .3 3 .3 14,545 833 12 0 953 10 0 .0 100 .0 98' 82 9 4' 1 04 3,628 7,732 - 3 Yea r 3 Year Unmet Total Need 447 1 '823 678 2 '750 876 3 ,01 2 I 0 , 6 62 2 7 ' 530 1,212 4,3 15 1,0 20 4 ,02 4 432 1' 728 5 46 1,796 63 26 9 123 546 354 1,453 462 1,6 94 1,125 3,647 I, 25 7 5 ,125 1,080 4,235 2 ,859 ll,68b 23,196 75,633 #This t able summariz e s more de tailed infor mation w h i ch can be fou n d in Techn i cal Appendix B. *Because Englewood's perce ntage of lower incom e h ou seho lds exceeds the regional average and the allocation polic y would further increase this proporti on, Englewood will be required to achieve an annual p erformance objective of 164 new and existing housing units ba s ed on c urrent resident n eed . • • ., . • - • • • • • • ? G , RES OL UTION NO.~, SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on or about May 20, 1976 the City of Englewood, Colorado, (the "City") entered into a Housing Assistance Payments Contract, DEN-684 ("HAP Contract") with the United States of America, Department of Housing and Urban Development, ("HUD") relating to a project described as a 104-unit apartment building located at 3333 South Lincoln Street, in the City of Englewood, leased to low income elderly tenants; and WHEREAS, in accordance with the HAP Contract, HUD has agreed to make housing assistance payments on behalf of low income families to enable such low income families to lease decent, safe and sanitary housing (Project Number C099-0002-001); and WHEREAS, the City has determined that it is in the best interest of the City that the project should be sold and conveyed to the Housing Authority of the City of Englewood, Colorado, ("Authority") in accordance with the terms and conditions set forth in Ordinance No. 38 , Series of 1978, finall y passed and adopted on November 20, 1978; and WHEREAS, the Authority has, by a resolution passed and adopted on November 28, 1978,authorized the issuance of its bonds in the principal amount of $2,222,000 for the purpose of acquiring the project; and WHEREAS, it is n ecessar y that the HAP Contract be a ssigne d b y the City to the Au t h o r ity ; a nd WHEREAS, the provis i ons of Part II of the HAP Contract (Sec. 2.11) require that not ificat i on must be given to HUD in the event that an assignment is made of the HAP Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That a request for written consent of the assignment ~ of the HAP Contract from the City to the Authority, be submitted to HUD • • I • - • • • • • • • • Section 2. That upon receipt by the City of the required written consent from HUD, and subject to the sale and conveyance of the project to the Authority, the appropriate of fice rs of the City are authorized to do all things necessary to accomplish such assign- ment, including the execution of the Assignment of Housing Assistance Pa}~ents Contract. Section 3. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED this _____ day of December, 1978. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1978 • ex officio City Clerk-Treasurer -2- I • ' • • • • • RESOLUTION NO. ~4 , SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on or about May 20, 1976 the City of Englewood, Colorado, (the "City") entered into a Housing Assistance Payments Contract, DEN-684 ("HAP Contract") with the United States of America, Department of Housing and Urban Development, ( "HUD") relating to a project described as a 104-unit apartment building located at 3333 South Lincoln Street, in the City of Englewood, leased to low income elderly tenants; and WHEREAS, in accordance with the HAP Contract, HUD has agreed to make housing assistance payments on behalf of low income families to enable such low income families to lease decent, safe and sanitary housing (Project Number C099-0002-001); and WHEREAS, the City has determined that it is in the best interest of the City that the project should be sold and conveyed to the Housing Authority of the City of Englewood, Colorado, ("Authority ") in accordance with the terms and conditions set forth in Ordinance No. 38 , Series of 1978, finally passed and adopted on November 20, 1978; and WHEREAS, the Authority has, by a resolution passed and adopted on November 28, 1978,authorized the issuance of its bonds in the principal amount of $2,222,000 for the purpose of acquiring the project; and WHEREAS, it is necessary that the HAP Contract be assigned by the City to the Authority; and WHEREAS, the provisions of Part II of the HAP Contract (Sec. 2.11) require that notification must be given to HUD in the event that an assignment is made of the HAP Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That a request for written consent of the assignment of the HAP Contract from the City to the Authority, be submitted to HUD . I • - • • • • • • Section 2. That upon receipt by the City of the required written consent from HUD, and subject to the sale and conveyance of the project to the Authority, the appropriate officers of the City are authorized to do all things necessary to accomplish such assign- ment, including the execution of the Assignment of Housing Assistance Payments Contract. Section 3. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED this~day of December, 1978. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify that the ~b9ve is a true, accurate, and complete copy of Resolution No.~, Series of 1978 . ex off1cio City Clerk-Treasurer -2- • I • • • • • NO. SERI ES OF 1978 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OP AN ESC ROW ACCOUNT IN ~ONNEC TION WITH THE PAYMENT AND REDEMPTION OP GENER AL OBLIGATION HOUSING RE FUNDING BONDS, DATED AUG UST l, 1976, OP THE CITY OP ENGLEWOOD, COLORADO, AND PROVIDING CERTAI N DETAILS I N CONNECTION THEREWITH. WHEREAS , on or about February 19, 1976, the City of Englewood, Colorado, issued and delivered its General Obligation Housing Bo nds , Se ries 1976, in the principal amount of $2,225,000 , d ated February l, 1976, for the purpose of constructing and equipping a 7 story, 104 unit apartment bui ldi ng, wh ich has been leased to low income elderly tenant s; and WHEREAS, such i ssue of bonds has been refunded, by the is suance of General Obligation Housing Refunding Bonds, dated August l, 1976, in t he prin cipal amount of S2 ,ll2 ,000, of which there is presentl y outstanding the amount of $2,022,0 00 ; and WHEREA S , by Ordinance No. ..lL_ Ser ies 1978, finally passed and adopt ed on Novembe r 20 . 1978, the City has authorized the sale and conveyan e e of the housing proje ct to the Housing Authority of the City of Englewood, Colorado; and WHE REAS, the purchase price established by sa id Or - di nance shall be an amount equal to the principal amount of bond s, dated August 1, 1976, outstanding as of December l, 1978 ($2,022,000 ); and WHEREA S, the proc<>eds derived from the sale of the ho using project to the Authority shall be placed in a special fun d and trust account, to be es tab lished as autho rized herein, for the purpos e o f paying and redeeming the General Obl !gat ion Housing Refund ing Bonds, da t ed Augus t l, 1976, (the "_9_utstanding Bo nds") as to principal and in terest as they s everally become due and payable, or on the pr1 or redemption date, all as more particularly set forth herein: BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO: Sect ion 1. That the proceeds from the sale of the housing project by the City, being the amount of not less than $2,022,000, shall be deposited b y the Ci y in a special fund and s ep arate trust acc o unt, designated as t h e "General Obligation Housing Refunding Bond Es cr o w Account, 1978" (the "Escr ow Ac- count•) to be established and maintained at The First Nationa l Bank of Englewood, in Englewood, Co lorado, (the "Bank") fo r t he purpose of paying and r 9 deeming the Outstanding Bonds of the City described aoove . -1 - 1 H I I • • I - ) • • ' • • • • 2. That the amount on depos i t in the Escrow Account, when inv ested by the Bank , s hall at al l t i mes be at l eas t suf- f i cient to pay the interest on, principal of, and redemption premium, if any, of the Outstanding Bo nds, under and in acc ordance with the following schedule: {A) The Ou tstanding Bo nds, nu mbered and maturing as follows , s hall be pa1d and retired at their respective maturity dates according to their original terms : Bonds Maturing 1979 to 1987, incl . Bonds Numbered 19 to 145, incl. {B) The Outstanding Bonds, numbered and maturing as follows, shall be called for red emp t i on on December 1 , 1987, (the "Prior Rede mp tion Date") at a price of par, accrued interest and a premium of 1/2 of U of the principal amount so redeemed: Bonds Maturing Bo nd s Number ed 1988 t o 1 998 , incl. 146 to 424, in cl. (C) Interest o n the Outstanding Bonds which matures in the yea rs 1979 and the reafter shall be paid semi- annually each year on t he proper interest payment dates according to their original terms, until said bonds mature or are called for prior redemption, wh ich eve r is ear l ier . 3. That the Bank shall invest the fu nds on deposit in the Escrow Account in non-callable fede ral securit i es ONLY, and shall fully secu re any cash balance in said Escrow Account in the manne r required by law for other trust funds. 4. That, if for any reason, at any time, the funds on hand in such Escrow Account shall be ins u fficie nt to meet s uch payments , a s t h e same s hall be about to b eco me d u e a nd payable, t he C ity s ha ll forthwith deposit in the Escrow Account such additional fun ds as may be req ui red ful ly t o meet the amount about to become due and pa y able. 5. That t he Bank shall from time to time redeem at maturity all or a porti o n of the non-callable federal securities i n said Escro w Account, in suf fi c i e nt amou nts s o th a t th e proceeds therefrom and t he int e r e st t he reon as t he s ame acc ru e s , wi l l be s u fficient to me et the i nt e r e s t requ ir em ent s o n the Ou t s tand i ng Bonds as su ch inter es t a c cr ue s and t o p a y he Ou t st andi ng Bon ds at th eir r espect ive mat ur i ty da t e s o r o n tn e Pr i o r Re dempti on Date , ac co rd in g to the sched ule set fo r th abo ve , a nd as se t fo rth in Exh i bit "I" of the Es c r o w Agreement . -2 - I • • t ' • • • • 6. That the Mayor and Director of Finance are hereby a uthorized and direc ted to take a ll neCessa ry or appropriate action toward the ex ecution of a proper E~crow Agreement with the Ba nk concerning the deposits in, investments of and disbursements fr om said Escrow Account, and such other agre em ents as may be necessary o r desirable to effectuate the p rovisions of this Re solution and comply with the requirements of law. The Escrow Agre ement shall be in substan tially the form here to attached as Exhibit •A~, and the s ame is incorporated herein by specific reference. 7. That the Director of Finance is hereby author- ized t~ give not ice of prior redemption of the Outstandi ng Bonds. Unless additional and more extensive notice is required by law, the notice ~hall be given by publication in some newspaper of general circulation published in the City. The notice shall be published one ti me , on or about the date on which the housing project is sold and conv eyed to the Authority, and again on or about thirty days prior to the Prior Redemption Dati! of thl! Oustanding Bonds. 8. That in addition to the published notice refl!rred to above, notice of such prior red emp tion shall be sent by certified mail to t he follow i ng, a t th e last known address thereof: (1) The First National Bank of Englewood Englewood, Colorado (2) Hanifen, Imhoff & Sam ford, Inc. Denver, Colorado (3) De nver Consolidat ed Bond Ca ll Denver, Colorado 9. That the officers and members of the City Co uncil of the Ci t~_pre hereby authorized and dire cted to take any and all actions necessary or appropriate to effectuate the provisions of this Resolut i o n, including , but not be ing limite d to, the exe- cution of such certificates and a ffid avits as may reasonably be required. 10. That if any one or more sections or parts of this Resolutio n shall be adjudged un enfo rceable or invalid , su ch judgment shall not affect, impai r or invalidate the re main ing provisions of this Resol ution, it being the intention that the var ious provisions hereof are severable. ADOPTED AND APPROVED This 5th day of December , 1978 . ( S E A L ) ATTEST: Mayo r Dlrector of F1n a nce -3 - i ' . ···)-'-. I · .. 1 ,--. . ~ :, I • ( ', J .-. t 'i' j • • • • DATED as of the lst da y of December, 1978, and actually executed on the ____ day of -----------• 1978, made by and between the City of Engl ewood, in the Co unty of Arapahoe and State of Co).orado , a City duly organized under the Const i tution and Laws of th e State of Colorado, and a Home Rule Chart er (the "City"), and The First National Bank of Englewood , a com mercial bank duly o rganized and existing under the Laws of the State of Colorado, being a member of the Federal Deposit Insur an ce Corporation , having full and complete trust powers, and having an office and place of business in Englewood, Colorado, (the •sank•). WITNESSETH: WHEREAS, the City ha s p r eviously authorized and issued, among others of its issues of bon ds, a total of 52,112,000 of General Obligation Housing Ref undi ng Bonds, dated August 1, 1976, (the "Bonds") of which there no~ remain outstanding the amount of $2,022,000, ma turing i n various Am ounts on December 1 in each of the ye ars 1979 to 1998, inclusive and WHEREAS , those bonds ma turing on or be fore Dece mber 1, 1985 a r e not redeemab le prior t o the i r respective maturity dates; those bonds maturing on or after Decem ber 1, 19 86 are red eema ble at the option of the City on De cember 1, 1985, and on any interest payment date t h ereafter, in i nve rs e numeric al o rder, upon payment of par, accrued interest a n d a pr emium of l /2 of 1% of the prin- c ipa l amount so redeemed; and WHERE AS, the Bon ds were issued for the purpose of refund i n g a nd paying a pr i o r issue of bo nds of th e City, the proceeds of wh i c h were used to construct and furnis h a 7 story apar tment building containing 104 units, which ar e leased t o low income e lderly tenants (the "Project"): and WHEREAS , the City Counc il o f t he Ci t y has determined b y ordi nan ce th at the Project should b e sold t o the Housing Au thority of t he City of Englewood, Colorado, (the "A utho rit y •): and WHEREAS , the City Council has further determined by resolution that the proceeds from the sale of th e Project in the amount of 52,022,000 received by the City should be deposi ed in a special trust acco unt to be created for the purpose of paying and redeeming the Bonds described ab ove: and WHEREAS said resolution also provides that w ith th e amount deposited t o the specia l trust account , togeth er wi t h any interest derived from the in v estment and any temporary -1 - • I • r - ) ·;r ·;:· ' • • \· • " J ·' 1- ···-;, ~ t ' ·-·· .. " ' ( • • • re investment of such proceeds in nonca llable direct obligations of, or obligations of which the princ ipa l and interest are un- conditionally guaranteed by the United States of America only, ("federal secu rit ie s"), the City shall pay in full the princi- pal of, interest on, and prior redempt i on premium, if any, on the Bonds i n the manner and at the t im es hereinafter set forthr and WHEREAS, if for any reason, at any time the funds on hand in such special trust a ccoun t shall be insufficient to pay the amount of pr i ncipal of, interest on, and prior redemption premium, if any, on the Bonds according to the schedule herein- af ter set forth, the City shall as soon as practicable deposit therein such additional fu nds as may be requ i red fully to meet the amount about to become available therefor; due and payabl e from any fund or funds NOW THEREFORE, IT IS AGREED : That in consideration of the mutual covenants here in contained and in consideration of the s um of ($ _____ _ duly p aid b y or on behalf of the City to the Bank at or before the execution and delivery of this Agreement, the receipt whereof is hereby acknowledged, and in order to secure the payment of the principal of, interest on, and prior redemption premium, if any, on the Bond s according to the schedule set forth herein, tbe parties hereto mutually undertake, promise and agree for them- selves, their respect ive representatives, successors and assigns, as -follows: Sect ion 1. The City shall deposit wit h the Bank in • special fund and separ ate trust acco unt, design ated as the "City of En gl ewood, Gen er al Obliga tion Rous i ng Refu ndin g Escrow Ac- cou nt, 1 9 79•, (the •E scrow Account •), an amount not less than $2 ,02 2 ,00 0, being the proceeds of th e purchase price of the P roje c t paid by the Autho rit y to t h e Ci ty, wh i ch amount whe n invested by the Bank, will be at all time s at least sufficient to pay the principal of, in terest on, an d pr ior redemption premium, if any, on the Bonds to be refund e d a nd paid under and in accor- dance with the foll ow ing schedule: (A) Bo nd s numbe red and maturing as follows, shall be paid and retired at their respective maturity dates according to their original terms: (a ll number s i nclusive) Bonds Maturing Bonds Numbe red 1979 to 1987, in cl. 19 to 145 , incl. - 2 - l· I • • - 0 • r I ' -··~I ........ • f ; t ( • • • . ... (B) Bonds numbered and maturing as follows, shall be called for redempt ion on De cember 1, 1987 , (the "Prior Redemptio n Date") and the City shall pay par, accrued intere st and a premium of 1 /2 of 1' of the principal amount of the Bonds so called for redemption : (all numbers inclu sive ) Bond Matur ing 1988 to 1998, in c l. Bonds Numbered 146 to 424, incl. (C) I nterest o n the Bonds which matures in the y ears 1979 and thereafter s hall be paid semiannually each year, on the pr op er interest payment dates according to their or i ginal terms, o r unt i l the Prior Redemption Date, whichever is earlier. At the time of actual e xecu tion o f this Agreement, the Bank sha ll imm ediately invest the funds on deposit in the Escrow Accou nt in the noncallable federal securities listed in Exhibit •r• attached hereto and made a part hereof, and shall fully secure any cash balance in said account in the manner set forth i n Sections 3 a nd 6 of th i s Agreement. Sect ion 2. If, f or any rea so n, at any time the funds on hand in such Escrow Account shall be in sufficient to meet such payments , as the same shall be about to become due and payable, the City shall as soon as practica b le deposit in such Escr ow Account such additional funds as ma y be required fully to meet the amounts so about to become due and payable. Not ic e of such insufficiency shall be given as herei nafter provided, but the Bank shall in no manner be respons ible for the City 's failure to make such de posit . Sect ion 3. The Ba nk sh all hold sa id spe c i al deposit, together with the obligations her e in authorized to be purchased, at all times in a special fund and separate trust accou nt , who lly s e gregated from other f u nds and securities on depo sit with it: shal l never commingle such depos1t nor said securit ies with o ther funds or securities of the Bank, sh all neve r at any time use , l oan or borrow the same in any way unless said funds are fully secured i n the manner requ i red by law for other t ru st funds, and shall i nvest and reinv est said deposit to the fullest extent possible, from time t o time only in federal se c urit i es as here i n defi ned, in such manner that sufficient fund s will be available t o pay the principal o f, intere st on, and prior redemption premium , if any, o n the Bonds as t he same accrue and become due and pa y able from time to time according to the schedule hereinabove set forth. No thing h er ein con tai ned shall be const rued as requiring the -3 - I • ) • ) ... Jl .. \ ' ' '· ( I • • • th e Bank to keep the identical moneys, or any part thereof, received for the City's account on hand," but moneys of an equal amount, except to the extent such are r epresented by said fed- er al s ecurit i e s, must always be maintained on hand as funds held by the Bank as tru stee belonging to the City, and a special account thereof, evidenc ing such fact, shall at all times be maint ained on the books of the Bank together wi th such securi- t ie s s o purchased. Sect i on 4. The Ba nk shall from time to time redeea at maturity all or any portion of the federal securities in said Escrow Account, according to the schedules of maturities set forth in Exhibit •r•, withou t not ice to the City, in sufficient amount• so that the proceeds therefrom and the interest thereon as the same accrues, will be sufficient to pay the interest requirements on the Bonds as such interest accrues and to pay or redeem sa i d Bond s at the ir · respective maturit i es or on the Prior Redemption Date, according to the schedule hereinabove set forth. Sect ion 5. The Bank shall maintain said Escrow Account until the dat e on which all of s aid Bonds have been fully paid, aa to all principal, interest and prior redemption premium, if any, or until the lst day o f January 1, 1988, whichever is the earlier da te , whereupon the Bank sh all redeem any of such obligations r emaining in said Escrow Accoun t and shall remit to the City all moneys, if any, then remaining in said Escrow Account; provided,. that before such rem itt ance is made to the City, sufficient funds must have been deposited with the Pa ying Ag ent to pay t he prin- c ipal of, accrued interest on and prior redemption premium, if a ny , on all of the Bonds which remain unpa id on such d a t e. Section 6. The Bank shall continuously secure the moneya in said Escrow Account not so invested , if any, by noncallable federal securities only , in an amount a t al l t ime s at least equal ' to the total unexpended amount of said moneys. Section 7. The Bank shall not be liable or responsible for any loss resulting from any investme nt made pursuant to this Escrow Agreement and in full compliance with the provisions hereof . Section B. In the event of the Bank's failu re to account for any fund s or securities received by it for the City 's account, the said funds and obligations shall be and remain the property of the City, and if for a ny reason such fu nds or securi- ties c annot be i dentified , all other assets of the Bank shall be impressed with a trust for the amount thereof and the City shal l -4 - f·.· .. r ... I • - );_ .;,· ... !) ~ ( ,\, ~·· ·.~_... -l· i.'., .... I l • • • • . .I'J\ be entitled to the preferred claim upon such assets enjoyed by a trust beneficiary. The funds rece ived by the Bank shall not be considered as a banking deposit by the City and the Bank ahall have no right or title with respect thereto. The funds so 're- ceived by the Bank as escrow a gen t and trustee shall not be subject t o checks drawn or withdrawals made by the City. Section 9. The Bank shall forward or transfer to the Paying Agent for the Bonds, for deposit in a separate fund and trust account, sums which shall be sufficient for the payment of interest and principal becoming due on each principal and intereat payment date or the Prior Redemption Date. The amount so for- warded or transferred shall be in sufficient time to p4!rllit such paym4!nt on each principal and interest payment date, or Prior Redemption Date, without default, and, if possible, said II!IIOunta shall be forwarded by the Bank to the Paying Agent not lest than five days before the next interest or principal payment date, or Prior Redemption Date. Such forwarding shall be the duty of the Bank and such payment shall be the duty of the Paying Agent. It shall not be necessary for the City to take any affirmative action whatsoever as a condition precedent to the duty of the Bank to forward or transfer such funds to the Paying Agent at the neces- sary times . The Bonds and the interest thereon, are payable at Th e Pirat National Bank of Englewood, Englewood, Colorado, referred t o herein as the "Paying Agent•. SeC"tion 10. Not less than sixty, nor more than ninety days prior to the Prior Redemption Date, the Bank shall notify the Director of Finance and the Paying Agent for the issue of Bonds, by registered, first class United States Hail, postage prepaid , of the Prior Rede mption Date and of the necessity of , I I giving notice of such prior redempt io n, i n accordance with 1 applicable Statutes of the State of Colorado and the Resolution \ authorizing the creat ion of the Escrow Account. Section 11. The Bank shall immediately not ify the City by registered, first class United States mail, postage prepaid, if and whenever, for any reason , the funds on hand in such Escrow Account, plus the securities therein and interest on s a id securities, as the same mature or accru e, will be insuffi- cient to pay the principal of, in ter est on , and prior redemption premium, i f any, on the Bonds a s the same become due and payable. Section 12 . The Bank, during the month of January of each calenda r yea r, commencing in the y ear 1980, so long as sai d Escrow Account is mainta ined , shal l for ward by letter to the Director of Finance of the City, a sta teme nt in detail of the income, investments, redemptions, and transfers of moneya from the Escrow Acc o unt for the immediately preceding fiscal -5 - • r I I • • .,. .•, , .'• f I ,. ~ '"_, f I <• :.~ ~· ' ~ .. • >' 'I ( • • • year, which, for the p urpose of this Agreement, shall be the calendar year beginning the first day of January and end i ng on the last day of December, incl ud i ng in said letter a statement, as o f the end of the i mme d iately preceding ye ar, regard ing the manner in wh ich it has carried out the requirements of this Agreement. In ad di tion, the City shall have the right, at any time, to exam ine a ll the Bank's records regarding the status of said Refun di ng Escrow Accou nt and the de ta1ls o f said income, i nvestme nts, redemptions and transfers. Sect ion 13 . The Ba nk shall be un der no obligation to inquire into or be in an y way responsible f or the performance or non-performance by the City or any Paying Agent of any of the City's or Paying Agent's obligations, or to protect any of the City's rights under any bond ord inance or any of the City's other contracts wi th , or fr anc hi ses or privileges fr o m, any state, coun ty, municipality or other governmen ta l agency or with any corporation o r individual , nor shall the Bank be liable for any act done o r step take n o r omitted by i t or any mis take of fact or l a w or for anyth ing which it may d o o r refrain from doing, except for its negl i ge nce or i ts d efault i n th e perfo rmance of any obligations imposed u pon i t he r eunder. The Bank shall no t be responsible in any man.1er whatsoever for the recitals or state- ments contained he r ein , or in the outstanding or propo sed bond s or any proceedings take n in connection therewith, but they are made solely by th e City. Section 1 4. Time shall be of t he essence in the per- fo r mance of obligations from time to time imposed upon the Bank by this Agreement. IN WITNE SS WHEREOF, the City of Englewood, Ara p ahoe Coun t y , Colorado, a Ci t y duly o rgan ized and ope r ating under the Laws o f the State of Co l orado , and a Home Rule Charter, has caused this Agreement to be signed in its corpora te name by the Mayor of th e City, attested by the Director of Finance , ex-off icio City Cl erk and Treasurer , and sealed with its corporate seal , and --------------------' Colorado, has caused this Agreement to be signed in its corporate name by its President , or ..., -6 - • I • • ) . I ·' .' ... .. ·~ . '''l'. • I • .. ~ . \'.~ t·'t . .... ... " .. " ... , -( .. i I r • • • sealed with its corporate seal, and attested by ------------------all as of the da y and ye ar first above written. ( S E A L ) ATTEST: D1rector of Finance, exofficio City Clerk and Treasurer (CORPORATE SEAL) ATTEST: By ______________________ __ Title. ______________________ __ -7 - CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO By----------~~~----------Mayor By ------------------------- Title. ______________________ ___ I • ]- • t ';!', .. .. ' . \~ 'f,. ~. ;·.' ·: ~< .i: t .l ·.'' ,. .. ~ .. ·.: ' f . i ' I ·'I! • ( ., . STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD • • • ss. On this __ day of December, 1 9 78, before me appeared James L. Taylor, to me personally known, who, being by me duly sworn, did say that he is t he Mayor of the City of Englewood, Cou nty of Arapahoe and State of Colorado, a City duly organized and acting under the Laws of the State of Colorado, and acknow- ledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and further acknowledged that said instrument to be the free act and deed of said City. My comm ission expires ________________ ___ ( S E A L ) Notary Public STATE OF COLORADO COUNTY OF ARAPAHOE ss • CITY OF ENGLEWOOD The fo regoing instrument was a ckno wledged before me this day of December, 1978, by and as and respecti v ely, of The First Na; tional Bank of Englewo od, Englewood, Colorado; and being first duly sworn by me, they severally acknowledged that they signed the foregoing document in th e ir respective capacities therein set forth, and declared that the stateme nts therein contained are true and c o rrect to the best of their knowledge, information and belief. WITNESS my h and and official seal the day and year above written. ( S E A L ) No tary Public My Commission expires -8 - I • - ··~ .. ' ( :.~ i' .,.· ., • , . 7 • • • • EXHIBIT "I" (Attach List of Escrow Account Inves tment• and Dates of Maturity) -9 - 'I . ' I • • - / -.. r ... .. ' . ,. J •: J ,, ~ ~.· ''· i ' .. '· . ';" • I ( • • • .: EXHIBIT "II • (Attach Schedule of Escrow Disbursements and Exact Dollar Amount• to be forwarded to the Paying Agent and Datel for Forwarding) -10 - • ·' f.• I ,_ I I . I •1 ,, .<-J ..,.. ·r ;, : .~~ . I • I • --• I I I I • • • NO. 65 ~RIES OF 197 8 A RES OLUT ION AUTHOR IZI NG THE ESTABLISHMENT OF AN ESC ROW ACCOUNT IN ~ON NECTION WITB T HE PAYMENT ANO REDEMPf!ON O F GEN E RAL OBLIGATI ON HOUSING REFU ND ING BO NDS , DATE D AUGUST 1, 1976, OF THE CITY OF ENGLE WOOD, COLORADO, AND PROVIDING CERTA IN DETAILS I N CON NE CTIO:i ThEREWI'fH. WHERE AS , on or about February 19 , 1976, the City of Englewo od, Colorado, issued and delivered i ts General Obligation Housing Bonds, Ser i e s 19 7 6, i n t he princ1pal ~~au nt of $2,2 25,000, d ate d February 1 , 1976 , for the purpose of constructing and equippi ng a 7 st o r y, 10 4 u nit a p art me nt bu il di ng , wh i c h has been leased to l o w in come elde rly t enant s; and WHE REAS , such issue o f bond s has been refunded, by the issuance of General Oblig at io n Housing Refu n ding Bonds, dated August 1, 19 76, in t he princi pa l a mo unt o f $2,112,00 0, of which there i s presently ou ts tan ding the amoun t of 52,0 2 2,000 ; and WH ER EAS , by Or di na nce No. ~ Ser i es 1 979, finally passed and adopted on November 20 . 19 79, t he City ha s authorized the sale and conv eya rH:e of the hou sing proj ect to the Housing Author ity of th e C ity of Englewood , Colorado; and WHE REAS, t he purchase price establi shed by said Or- dinance shall be an amount equ al t o the principal am o unt o f bonds, dated August 1, 1976, outs tand ing as o f December 1, 1978 ($2,022,000); a nd WHERE AS , the proc <>eds derived fr om the sale of the housi ng project to the Authority shall b e placed i n a spec i al fund and trust ac c ou nt , t o be es tablished a s a u hori zed herein, f o r the purpos e o f payi n g and red eeming t he General Obl igation Ro u sing Refunding Bo nds, da t e d August 1, 1976, (the ·~ts tand ing Bo nds ") as t o principa l and interest as t hey seve ral ly become d u e and payable, or on the pr1or redempt1on date, all as nore particular ly set forth h erei n: BE IT RESOLVED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD, COLO RAD O: Sect ion 1 . That the proceeds from the sal e of t he ho us ing project by the City, be1ng the amount o f not le ss than $2,022 ,000, shall be deposited y the Clty 1n a speci al fund and separate trust account , designated as the "Ge neral Ob ligat io n Hou si ng Refundtng Bond Escrow Account, 1978~ (the "Escrow Ac- count ") to be established a nd mainta1ned at The First Nat1onal Bank o f Englewood, i n Englewood, Colorado, (the "Bank") for the purpose of paying and r edeeming the Outstanding Bonds o the City described aoove. -1 - • I I • r - ) ( ---• • • • 2 . Th at the am ount o n d eposit in t he Escrow Account , whe n in vested by the Ba n k, sh a ll al all times be at lea st suf- f ic ient to p ay the int er es t on , principal o f, and rede mpt io n pr e mium, if any, of the Ou stand1ng Bo nd s , und er a nd i n accordance with the fo llowing s c hedule : (A) The Ou tstandi n g Bo nd s , numb ered and maturing as fo ll o ws , s h all be pald a nd r e ti r ed at t heir respective maturity da te s according t o t heir or i gin a l terms : Bon ds Ma turi ng Bonds Nu mbered 1 9 7 9 t o 1 9 87 , in c l. 19 t o 1 45, incl. (B) Th e Outs t a n di ng Bo nds , numbered and matur ing as follows, s ha ll be c a ll ed f or red emptio n on December 1, 1987, (the ftPrior Rede mption Dat e~) at a pr1ce o f par, accrued intere st and a premium of 1 /2 o f l \ o f the p rin c1 p a l amount so redeemed: Bo nds Maturing ~nds Numb er ed 198 8 t o 1 9 98, inc l. 146 t o 4 2 4, incl. (C ) In t eres t o n the Ou ts t anding Bonds which mature s in the y ears 1979 a nd t he reafter shall be paid semi- a nnually each ye ar on the p r o per interest payment dates according to thei r original terms, until said bond s mat ure o r ar e called for p r ior redemption , whicheve r is earlier . 3. Th at the Bank shall invest the funds on deposit in the. Escrow Account i n non-ca l labl e f e d e ral s ecurities ONL Y, and shall fully secure any c a s h balance in sa i d Es cro w Ac count in the manner req uired by law f o r o ther t ru s t f unds . 4. Th at, if f or a ny r eason , at any t im e, t he f unds on h and i n such Escrow Account sha l l be insufficient t o meet su ch p a ymen ts, as the same sh all be about t o become due and payable , t he C it y sha ll for th with d eposi t i n th e Es cro w Account such additional f und s as may be required f u ll y to mee t th e amo u nt abo u t t o b e come due an d payable. 5 . Th a t t h e Bank sh all from time to time red e e m at matur ity all or a por t i on of the non-c allable feder a l secu ritie s i n said Es crow Ac count, in sufficient amounts so t ha t the p r oceed s th er e f rom and the interest thereon as the same accrues, wil l be su f ficien t to me e t the int erest. requirements o n the Outs t anding Bonds a s s u ch inte r est a cc r ues and to pay h e Outsta nding Bonds a t thei r respective maturity da t es o r o n t he Prio r Redemp t ion Dat e, according t.o the sche dule set forth a bo1e , a nd as set forth i n Exhibit "I " o f the Escro w Agree~ent. - 2 - • ! l I • t • • • • 6. That the Mayor and Director of Finance are hereby au thorized and directed to take a l l necessary o r appropriate ac t 1on toward the execution of a proper E~crow Agreement with the Ban k conce rning th e deposits in, inv estme nts of and disbursements from sai d Escrow Account, and such other agre eme nts a s may be nece ssary or desi r able to effectuate the provisions o f t his Ei.csol ution and comply with the requ irements of la..,. The Escrow Agreement sh a ll be in substantially the form h e reto attached as Ex hibi t •A•, and the sam e is in co rpor at ed herein by speci fic re ference. 7. That the Dire cto r of F inance i s hereby author- iz ed to give notice of prior redemption of the Outstand ing Bonds. Unl ess additi ona l and mor e extensiv e notice is required by law, the noti ce shal l b e given by publication in some newspaper of general circulation publi shed in th e City. The notice shall be publi shed one time, on or about the date on wh ich the housing pro j ect is sold and conv eyed to the Authori ty, and again on or a b out thirty days pr ior to the P rior Re dem p tion Date of the Oust anding Bonds . B. That in addition to t~e pu blished notice referred to above, notice of s uc h prior redemption shall b e sent by certified mail to the fol lowing , at the last known address thereof: (1) The F i r st Nationa l Bank of Englewood Englewood, Colorad o (2) Hanifen , I mhoff ' Samford , Inc. Denv er , Co l orado (3) Denver Consolidated Bond Ca ll Denver , Colorado 9. That the officers and members of the Ci ty Council o f the City _~r e hereby authorized and directed to take any and all actions n ece ssary or appr opr1ate to effectuate the p r ovts1ons of this Resolution, including, but no t being limited to , th e ex e- cu tion of such cer tt ficates and affidavits as may reasonably be required . 10. That if any one or mo re sections or parts of this Resol ut >on shall be adjudged unenforceable or invalid, such judgment shall not affect , impair or invalidate the re maini ng provisions of th1s Resolution , it being the inten tion that the various provis1ons hereof are severable. ADOPTED AND AP PROVED Th i s 5th day of December , 1978. ( 5 E A L ) Mayo r ATTEST : D1re ctor of F1nance -3 - • f. ·"' .. ' I I ?'' j:. ~ ~ ':, I -, I • ( ,- {_ • • • • DA TE D as of the 1 s t da y of Decembe r, 1978, and actually executed on the ____ day of -----------• 1 9 78, made by and between th e City of Engl e wood, in t he Co unty of Arapahoe and State of Co lorad o , a City duly organized u nde r the Con st i tution and Laws of t.h-e State of Colorado, and a Home Rule Char t er (th e "City'"), and Th e First National Banx o f Engl ewood , a commercial banx duly orga n ued a nd exist1ng under the Laws of the State of Colorado, b e ing a memb~r o f th e Federal Depo s i t Insurance Corporation, having fu ll a nd c omple t e trust powers, and having an office an~ place of bus iness in Engle ood , Cclorado, (the '"Bank'"). WITNESSETH: WHE REAS , the City has ?reviously authorized and issued, among ot h e rs o f i t s issues of bon d s , a total of $2,112,000 o f Ge neral Obligatio n Rou sing Ref undi ng Bonds, dated August 1 , 1976, (t he "Bon d s'") of wh1ch there now remain o utstanding the amount of $2 ,022,000, matu ring in various ~mo unts on December 1 in each of the years 19 79 to 199 8 , inclusive dnd WHE RE AS, t hose bonds ma t ur i ng on or be fore December 1, 1985 are not redeemable pr1or t o the i r respective ma turity dates: t hose bonds maturing o n or after De c em ber 1, 19 86 are redeemable at the o ption of the Cit y on De cem be r 1, 198 5 , and o n any intereat paymen t da te thereafter, in inv e r se numeric al o rder, upon payment of par, accru ed interest and a pr e mium of l /2 of 1\ of the prin- c i~al amount so redeemed ; an d WHE REAS, the Bon ds were issued f o r the purpose of refunding a nd paying a prio r is sue of bon ds of t he City, the proceeds of which were used t o constr uc t and f u rnish a 7 stor y ap artment building contain ing 1 04 units , which are lea sed t o low income eld erly tenants (the "ProJect"): and WHER EAS , the Clty Coun c il of the City has determined b y o rdinance that th e Pro)ect should be sol d t o the Hous1ng Authorlty of th e City of Englewood, Colorado , (the "Au t hority "): and WHEREAS , the C ity Council has further dete r mi ned by resolution that the proceeds from the s ale o f the Project 1n the amount of $2,022,000 r eceived by the City should be de posited i n a special trust account to be created for the purpose of paying and redeeming the Bonds described above~ and WHEREAS said resolution also provid es t h at w ith t he amount deposited t o the special tr~st account , together wi t h any interest derived from the in ve stment and any tempo rary - 1 - • I • ) ' ( ·;r .. t .. I •,. * .:·j .. . ·' ·'1· .. · . .., .. t .... ... • • • • r e i nvestment of such proceeds in n oncall a ble dire c t obligations o f, or obligations of which the principal and interest are un- condition ally guaranteed by the Un ited States of America only, ("federal securit ie s •), the City s hall pa y in full the princi- pal of, interest on , a nd pri or red emption premium, if any, o n th e Bon d s in the mann e r a nd at th e t ime s he r einaft er set fo r tht and WHEREAS, if for any reason , at any time the funlls on hand in such spec i al trust a ccount sh a ll be i nsu fficient to pay the amount o f pr i ncipal of, interest on, an d prio r redemption p remium , if any, on the Bo nds according to the schedule he rein- after set f orth , the City s h all as s oon as practicable deposit therein such add i tional fu nds as ma y be requir e d fully to meet the am ount abou t to be c o me due and payabl e fr om any fund or funds available therefor: NOW THEREFORE, IT I S AGREED: That in consideration of the mutual c ovenan ts here i n contained and in considerat i on of the sum of ( $ duly p a id by or on behalf of the C ity to the Bank at or before the execution and delivery of thi s Agreement, the receipt whereof is hereby acknowledg e d , and in o r de r to secure the payment of the p r i n cipal of , interest on, and prior redemption premium, if any, o n the Bonds a c cording to the schedule set forth herein, the p a rties he reto mutually undertake, promi s e and agree for them- selves, their respective representat i ves , successors and assigns, as .follows: Se ct ion 1. The City shall deposit with the Bank in • special fund and separate trust ac count, designated as th e "City of En glewo o d , General Obli g a t ion Rou sing Refund i ng Escrow Ac- cou nt, 1 9 78 ", (the "Esc r o w Accou n t •), a n amou nt not less than $2,022 ,000, being the proceeds of t he p urchase pr i ce of the P r oj ect pa i d by t h e Authority t o the C l t y, whi ch amount when inve s ted by the Bank , will be at all time s at least suff ic i en t to p ay t he pr incipal of, in teres~ o n, and prior r edemption prem i um, if any, o n the Bo nds to be refunded and p ai d unde r an d in accor- da n c e with the follo ~ing schedule: (A) Bo nds numbered and matur ing a s follows, shall be p aid a nd re tired at t hei r re spe ctiv e matu rity dat es a c cording to their original terms: (al l nu mbers l nclusive) Bo nds Maturin Bonds Numbere d 1979 to 1987 , 1ncl. 19 to 145 , i n cl. -2 - I~ I .• , I ~ I f I I I r-. I ~ ~ I • • " . {. .1 ! \ - • { ,., . I ' • ,t _ .. ""I ·; ... f ; t. 1: .. , ~ -~~ y ~,- ' • ( • • • . .. (B) Bonds numbered and maturing as follows, shall be called for redemption on De cember 1, 1987, (the "Prior Redemption Dat e") and the City shall pay par , accrued i nterest and a premium of 1 /2 of 1\ o f t he principal amount of th e Bonds so called for r edemption: (all nu mbers inclusive) Bond Mat uring Bonds Numbe red 1988 t o 1998, incl. 1 4 6 to 424, in cl. (C ) Interest on the Bonds which ma tures in the y ears 1979 and thereafter shal l be paid semiannua l ly each year, on the p rope r interest paymen t dates according to their original terms, o r until the Prior Rede mp t ion Date , wh ichev er is earlier. At the time o f a ctu al ex ecution o f this Agreement, the Bank sha l l imm ed iately invest the funds on deposit in the Escrow Acco unt in t he no ncallable fed eral securities listed in Exh ibi t "I" attached hereto an d made a part her eof, and shall f ully secure any cas h bal a nce in said ac c ount in the manner set f orth in Sect ion s 3 a ud 6 of this Agreement. Sect ion 2. If , for any reason , at any tim~ the funds on ha nd in such Escrow Account sh all be insufficient to meet such p ayments, as the same shall be a bout t o become due and payable , the Ci ty shall as soon as practicab le depos i t in such Es crow Accou nt such additiona l funds as may be required fully to meet the am ounts so about to becom e due and pa yabl e. Not ice of such i nsuff iciency shall be gi ven as herein after provided , but the Bank shal l in no manner be responsible f o r the City's fa i l ure to ma ke such deposit . Sect ion 3. The Bank shall h old said spec1 al deposit, toge ther with the obl iga t ions herei n authorized t o be pur chased, at all times in a special fund and separate trust account , who l ly segregated from other funds and secur1ties on d epos1 t with it:' shall neve r commingle such depos1t nor sa i d securit i es with o ther ' funds or securities of t he Bank, shall never at any time use, loan or borrow the sam e in any way unless said funds are fully secured in the manner requ i red by l aw f o r other trust funds, and shall invest and reinvest said deposit to the fullest e xt ent possible, from time to time only in federal secu r ities as herein defined, i n such manner that sufficient funds will be available to pay the principal o f, in t erest o n, and prior redemption premium, i f a ny, o n the Bonds as t he same accr u e and become due and payabl e from time to time according o the schedule hereinabove set for th. Nothi ng h ere1 n contained shall be constru ed as requiring the -3 - I • • ) ~ '·'_, .. ·, t • ·. • ' . '· ( I • • • the Bank to keep the identical moneys, or a ny part thereof, received for t he City's account on hand,· but moneys of an equal amount, except to the extent. such are re pr esented by said fed- er al securities, must always be maintained on hand as funds held by t.he Ba nk as trustee belong1ng to t h e City, and a speci al accoun t thereof , ev idencing su ch fact, shall at all times be maintained on the books of the Bank toget her with such securi- t i es so purchased. The Ba nk shall from time to time redeem at Section 4. maturity all or any portion of the federal securities in said Escrow Account, according to t.he schedules of maturities set fortb in Exhibit ~1 •, without notice to the City, in sufficient amount• s o that the proceeds therefrom and the interest thereon a s t.he same accrues, will be sufficient to pay the interest requirements on the Bonds as such int erest accrues and to pay or redeem said Bonds at their respective maturities or on the Prior Redemption Date, accord ing to the schedule hereinabove set forth. Section 5. The Ba nk s h all mai ntain said Escrow Acc o unt until the date on which a ll of sa id Bonds have been fully paid, a s to all principal, interest an d prior redemption premium, if any, or until the 1st day of January 1, 1988 , whichever is the earlie r date, whereupon the Bank sh all redeem any of such ob l igatio ns remaining in said Escrow Account and shall remit to the City all moneys, if any, then remai ning in s aid Escrow Account; provic5 ed , that before such remittance i s made to the City , sufficie nt fund s must h ave been depo sited wi th the Paying Agent to pay the p rin- cipal of, accrued interest o n 'and pr ior redemption premium , if any, on all of the Bond s wh ich rema i n unpaid on such date. Section 6 . The Ba nk shall continuously secu r e the moneys in said Escro w Account not so invested , if any, by noncallable feder al secur1ties only , in an amount at a ll times at least equal ' t o the t otal unexpended amount o f said money s. section 7. The Bank sh all n ot be liable or responsible for any loss resulting from any inve stment. made pur suant to th i s Escrow Agreement and in full complian c e wi th the provisions hereo f. In the event o f the Bank 's failure to Sect ion 8 . acco un t for any funds or securities received by it fo r the City's account , the said funds and obligations shall be and remain the property of the C1ty, and if for any reason su ch funds or securi- ties canno t be identlfled , al l other assets o f the Bank shall be i mpressed with a trust for the a mo unt there o f and the City shal l -4 - • '. ' \ . I I • • ' •' t . .;, ... 1,1 :; ,!l '1· ( •' ·.:.!:% ...... l,.' 'I ·~.or ··· \ • • • • be entitled to the preferred claim upon such assets en joye d by a trus t beneficiary. The fund s r e ceived by the Bank sha ll not be cons i dered as a bank ing deposit by the City and the Bank shall have no right or title with respe c t thereto . The funds so re• ceived by the Bank as e scro w a gen t and trustee shall not be · ·~ s ubj ect to checks d rawn or withdrawals made by the City . Sect ion 9. The Bank shall for ward o r transfer to the Paying Agent for the Bonds, for d eposit in a separate fun~ an~ trust account, sums which s ha l l be suff i c ient for the payment of interest and pr i ncipal becoming due on e a ch principal and interest p ayment date or the Prior Redemption Date. The amount so for- warded or transferred shal l be in su fficient time to permit such payment on each principal and interest payment date, or Prior Redemption Date, without default, and, if possible, said amounts shall be forwarded by the Bank to the Paying Agent not less' than five days before the next interest or principal payment date, or Pr ior Redemption Da te . Such forwarding shall be the duty of the Bank and such payment shall be t he duty of the Pay ing Agent. It shall not be necessary for the City to take any affirmative action wh at soe ver as a condition precedent to the duty of the Bank to for wa r d or transfer such funds to the P aying Agent at the neces- sary times. The Bo nds a nd the i n terest thereon, are payable at The Firat National Bank o f Englewood, En g lewood, Colorado, referred to herein as the "Paying Agent•. Section 10 . Not les s than sixty, nor more than ninety days prio r to the Prior Redemption Date , t he Bank shall notify the Dire ctor of Financ e and the Pa ying Agent for the is sue of Bon~s. by registered, firs t cl ass United Sta t es Mail, postage prepaid , of th e Prior Redemption Date and of he n ecessity of , giving notic e of s u ch prior redemption, in accordan c e with 1 applicable Statute s of the State of Colorado and t he Resolution I autho r izing the creatio n of the Esc r ow Account. Sec tion 11 . The Bank shall immedia tely no tify the City by registered, first class Uni ed States ma il, postage prepaid, if and whe never, tor any reason , the funds on hand i n such Escrow Account, plus th e securities therein and in terest on said securities, as the same mature or accrue, wil l be insu ffi- cient to pay the pr1ncipal of, interest on , and prior r edemp tion premium, if any, o n the Bonds as the same become due and payable. Sect ion 12. The Bank, dur l ng the month of January of each calendar year, commencing in the year 1980 , so long as said Escrow Account ls maintained, s h all for ward by lette r to the Director of Finance of the City, a statement in deta i l of the income , investments , red emptions , and transfer s of mon ey• from the Escro w Ac count for the immediately p receding fiscal -5 - • I • - 0 • ( ' J . '· .... : :::i-::. ·~ '. ( ' i . . ,'1 ' ' •' ~. "· .i-· '<• ;.~.~· 'L ·\. ;~' o.\ .-{ • . ...... '· ~~.' ... ."-"· ... • • • • year, which, for the purpose of this Agreemen t, shall be the ca lendar year beg inning the first day of J anu ary and ending on the la st day o f De cem ber, inc l uding in s aid letter a statement, as of the end of the immediat ely preced i ng ye ar, regarding the manner in which it has carried out the requirements of this Agreement. In ad d ition, the City shall have the righ t , at any time, to examin e al l t he Bank's records regarding the status of said Ref un ding Escrow Account and the details o f sa id income, investments, redemptions and transfers . Section 1 3 . The Ba nk shall be under no ob ligation to inquire into or be in an y way re sponsible for the performance or non-performance by the City or any Paying Ag ent of any of the City's or Paying Agent's obligations, o r to protect any of the City's rights under any bon d ordinance o r any of the Ci ty's other contrac ts with, or fr a nchi s es or privi leges from, any state, county, mu nicipa li t y or other governmen tal agency or with an y co rpora tion o r indiv id ual, nor shall t he Bank be liable for any act do ne or step taken or omitted by it o r any mistake of fact or law or for anythin g which it may do or refr ain from doi ng , e xcept for its n eglig ence or its d e f au 1 t in the perfo rm an ce of any ob ligations i mposed upon it here unde r . The Ban k shall n o t be responsible in any man.ter whatsoever fo r the re cit a ls or state- me nts contained her e in, or in the outstand ing or proposed bonds or any pro ceedi ngs taken in connection therewith, but they are mad e solely by the City. Sect ion 1 4. Time shall be o f the essence in the per- fo rm ance of obligations from time t o time imposed upon the Bank by this Agreement. IN WITN ESS WHEREOF, the Ctty of Engl ew ood , Arapahoe County, Colorado, a Ci ty duly organized and operating under the La ws of the State of Colorado, and a Home Rule Charter, has caused this Agr eement to be signed i n its corporate name by the Ma yo r of the City , attested by the Director of Fina nce , ex-officio City Clerk and Treasure r, and sealed Wl th 1ts corporate seal, and -------------------• Colorado, ha s caused this Agre ement to be signed in its corpora te name by its President, or--------------- ..., -6 - • I • • : - ( ) . I .. t .... \ ,. '·. -; .. ,, ct -~ \. ~ .. ~ · .. .. " ... --·~ \... ......... < . .. ' .· • . -~ .. k .</' "~~:. I 't#~ I " • I ( • • • sealed with its corporate seal, and attes ted by all as of the da y and ye ar first a bove wr itten. ( S E A L ) ATTEST: D1rector of Ftnan ce, exofficio City Clerk and Treasurer (CORPORATE SEAL) ATTEST: By ________________________ __ Titl e. ________________________ __ -7 - CITY OF ENGLE~~OD, ARAPAHOE COU NTY, COLORADO By----------~~------------Mayor By Tit le, ________________________ _ I • • \ ( ., .. ( • • • • STATE OF COLO RADO COUNTY OF ARAFAH OE ss . CITY OF ENGLEWOOD On t hi s day of De c e mb e r, 19 78 , before me appeared J ames L. Ta y lor , to me p ersonally known, who , being by me d u ly s wo rn, did s a y t hat he i s t h e Ma yor o f t h e C ity of Englewood, Cou nty o f Ar a pahoe a nd St ate o f Co lorado, a Ci ty duly o rgan ize" and act i n g u nder the Law s o f t he State of Colorad o, and ack n ow- l edged t h a t t h e f o re going instrument was signe d a nd s ea l e d o n b eh a lf o f sa id Ci ty b y autho r ity of its Ci ty Counc i l, and fu r t h e r acknowled g e d t h at said i n s t rument to be the fr e e a c t and de e d o f said City . My commi ss i on e xpi res ________________________________ ___ ( S E A L ) Not ary Pu b llc STATE OF COLORADO ss . COUNTY OF ARAPAH OE CITY OF ENGLEWOOD The foregoi ng ins t rument wa s ack n o wled ge d before me t h is __ day of Decemb e r , 1978, by and as and res pe ctively, of The Fi rst Nar tion al Bank of Englewood , Eng lewoo d, Co l or ado ; and be i ng fi rst du ly sworn b y me , they several ly a c knowl ed g ed t h at t h ey s i gned t he fo rego i n g docume nt in their respective c a p aci t ie s th e r e in s e t for t h , and decla r ed that the statements the r ein containe d are t r ue an d co rr ec t to the bes t of their kno wl edge , i n forma t i on and belief. WITNESS my hand and offici al seal the d ay a nd y ear ab o ve written . ( 5 E A L ) No t a r y P u b li c My Commi ssion ex p ires ----------------------------------- -8 - • I • ( \. ;-. ., • • • • EXHIBIT "I" (Attach List of Escrow Account Investmenta and Dates of Maturity) -9 - L k ....... ~ .. _,._ .... ' ~ .. ···~ '~ ... ·.; •• I • • \ ( / ( .•. -· .... • ·;· ,•. t ~ J . ,, f . ; t -t ,_. ~ .· .. ·~ '. e .. ~·>i _'fl ·;.; • • • •: ·' EXHIBIT "II • (Attach Schedule of Escrow Disbursements and Exact Dollar Amounts ,,, to be forwarded to the Paying Agent and Datea for Forwarding) ' ( -10 - • ,. I I"·· 1. ,_ I • • - • • • • N EMORANDUM TO : Honorable Mayor and Members of the City Council FROM : Andy McCown, City Manager DATE : November 30, 1978 SUBJECT : Animal Shelter Agreements This year in May when the auditing firm presented the ma n a g e- ment letter, the auditing firm recommended that the contracts be amended to provide a better basis of calculating the charg es to other jurisdictions. We have completed a new agreement which is attached . Th e major changes are as follows: Part I Section 11 -New provision that allows the City to co l - lect $40.00 for adoption which would allow the owner to have the dog neutered at no additional charge. Part II Sections 1 and 2 -Basically, this is a whole new rormula that has eliminated the old formula a nd h a s established a base for the fees that will be increase d each year depending upon increase in the budg e t u p to a maximum of 10% in any one year. Section 5 -This is a new section that provides for addition to the animal pound where all jurisdictions would share in the cost depending on useage . Section 6 -A new section that establishes i mp oundmen t lees to oe the same for all jurisdictions. The attached a g reements are the same for all jurisdictions. Previously, there were differences in the agreements and did result in more administrative costs. The Ci ty has met with representatives of the jurisdictions presently using the pound: Arapahoe County , Littleton, and Sher i dan to review the new agreements. We have not , however, met with the 6 0Vernin g bodies. Those we have discussed the ag reements wi th indicated no major problems with the agreements . I • - • • • • Honorab l e Mayor and Me mbers of the City Council November 30, 1978 Page 2 Also, the City of Cherry Hills Village has indicated a desire to use the pound and we have accordingly attached an agreement for them. Therefore, we are recommending that after your review of these agreements that you refer them to the City Attorne y for appropriate ordinances to be drawn up. s~qcerely. ' !}.~!-)4jfJun'- And· cCown Ci !1anager /jlw attachments I . - 0 • ..... ,_.~- ·:· • ·-" • • • • - THIS AGRE EMENT, entered into by and between the CITY OF ENGLEWOOD, COLORADO, a Muni ci pal corporation, hereinafter referred to aa "City" and the COUNTY OF ARAPAIIOE , COLORADO, hereinaf ter re- ferred to as County. WITNESSETH : WHEREAS, the City of Englewood, a Municipal corporation, operates and maintains an animal shelter and disposal facilities, hereinafter referred to as "facility", incident theretoi and WHEREAS , the County has participated, and desires to con- tinue their participation, in the use of said facilities; and WHEREAS, both City and County find it mutually desirable under the provisions of Title 29, Article 2, C .R.S. 1973, as amended, entitled, "Contracts for Covernmental Services", to enter into this Agreement. NOW, THEREFORE, it is aKreed by and between the partiea hereto as follows : I. That the City of Englewood, Colorado, shall prov ide an animal shelter fa c ility and service incident thereto consisting of the following: 1. A modern, sufficient structure to accommodate sixteen '· (16) animal runs and sufficient cage s for confinement of small animals. 2. Ad j acent to the build i ng, t h ere shall be fenced an area adequate to confine larger an i ma l s, be i ng horses, donkeys and animals of such larger sizes . 3. A euthanasia chamber o f sufficient size to euthanize large , medium and small dogs or other small animals •.. 4 . A gas-fired incinerator sufficient to crema te all dogs and smaller animals . ,....,. --· ~ i!..: >f' 14. ••• ~ --·. 1.-.< • j· ... ,... ..~ ... · I • - ., ' ' / .. ' ( .. ~ .. ., -· ... ~ -. ... ·' ·..-:0::. --~ ·~:. "'!' ...,·, 'I • • • • • -2 - 5. The entire pound area shall be fenced and parking pro- vided for the public . 6. The City sha ll receive , house, feed and otherwise care f or those animals ordered imp ounded by the County. 7. At all times the City Animal Shelter shall be kept clean and all animals received from the County shall be properly fed, cared for and treated humane ly . 8. Th e City shall accept from the proper officers or wardens of the County all animals delivered to it for care on a s even (7) day per week bas is, (twe lve (12) hours on weekdays, and two (2). hours on Saturdays, Sundays and holidays). In the e ven t of an emer- gency situation , the City ag rees to cooperate with the County in making the facility available to prc •pe r officers or wardens of the County. 9. The Shelter shall be open to the public for the claim- ing of animals or other purposes for a minimum of four (4) hours on weekdays and a minimum of two (2) hours on Saturdays, Sundays and holidays. A specific schedule is to be e stablished by the City. 10. The City shall provide telephone facilities and acco- mmodate the County by releasing animals, co llecting County charged fees and fines, and shall remit all such collected fees or fi nes to the proper County agent monthly . The City shall follow the release procedures as outlined by the County. 11. All animals shall be disposed of by the City after the 6th day of confinement at the animal pound or on a date specified upon writt e n notice from the County. Disposal may be through adop tion, transfer to a research agency, or euthanized and cremated . The City shall have the right on the 7th day to allow for the adoption of dogs and charge a fee of not less than $40 .00 for the purpose of allow ing the new owners to have the dog neutered. The fee shall be used by the City to reimburse v eteranians approved by th e City. 12. Necessary impoundment f orms and admi nistrative proce- dure s shall be established by the City . I i · .i". I • - • 4 .. ~---..._ ·~ .. ' ( ~ ... .'·~· . ~- ·:t, .• \ ',:'.,, ., .. :~\ :-l ... w-;.. I f • • • • - 3 - 13 . Established regulat i ons and pr oce d ures covering all impounded County an i mals shall rema in in effec t and be amended or modified only with the mutual consent of th e parties to this Agree- ment. The Ci ty s hal l cooperate in making, implementing and carryina out said regulations and pro cedures. II . 1. The City s h all set the fe e s for boarding and disposal of animals on an ann ual basis , based upon u s e age and costs assoc i ated with maintenance and disposal of an i mals. dogs and cats : Fo r the year 19 79 the fe es shall be as follows for Disposal Boarding $15.35 per dog or cat $ 1. 85 per day The above fees are subj ect to annual i ncreases based on anticipated increases in cost at th e animal shelter. Fee increa se• shall be limited to a maximum o f lO t per year. The basis for the increase i n th e above fe e s shal l be t h e City's operating budg e t for the pound. Th e ba s e used shall be the fee s re f l e cted i n t his a gr e e- ment. The City shall notify the County by October 1 of each year any change in fee s . The Coun t y sha l l notify the Ci t y by Novemb e r 1 in writing the i r rejec t ion or acceptance of the f ee struc ture. 2. Th e City shal l charge the Coun ty f or actual costs of disposing or board ing l arge r an im als other th an dogs or cats. Th i s cost wi ll b e reflected separately on th e billin g by the Ci ty . 3 . The City s h all have the r igh t to charg e a minimum of $40.00 f or a d op t i on of dogs o r cats . The cha rge f or ad o pt ion sh a l l b e u s ed to o ffs et costs involved in having dogs o r cat s neut e re d by a qu a l ifie d v eter inarian . 4 . Th e City upon written a u thority by t h e Count y sh a ll wr i te a n im a l citation s for the Co unty. If the Ci ty·'s an i ma l warden s • I • • - )• ~.. . •. ~··( .~;-~. .... . ,. .:. -~···· { ... "'' ;· } I '.\,\ ~ f ; -.· -·· ·:{·.is # ·-: • • • • • -4 - are required to appear i n court fo r citation wr itten f or the County. th e City shall be reimbursed for actua l hours spent in cou rt. The charge for this time shall be baaed on the animal ward e n's hourly compensation rate. Fo r purposes of the agreement hourly compensation rate shall include salary , FICA, workmen's compensation, insurance and pension. If the time spent in court results in overtime , the reimbursement shall be on the basis of 1 .5 times the salary and FICA and a minimum of two hours. Charges for time spent in court shall be reflected separately on the City's billing to the County. 5. Additions to the physical struc ture of the animal pound shall be agreed upon by the Co unty. The cost of construction shall be shared by the Count y based upon the last three years useage. Uaeage shall be based on dog days for tr " Cou nty. For example, if the pound had a total of 10 ,000 dog days and the County had 1,000 dog days, the County's share of construction costs for expans ion of the pound would be lOX. 6. Impoundment fees charged by the County to dog ownera shall be established by the City. For purposes of this agreement the impoundment fe e shall be $12 .00 and the daily boarding fee shall be $2.00. The City shall co llec t these fees for the County and the City will reflect the revenue as credit against the County's charges f or the animal pound. Th is revenu e wil l be reflec ted separately on the City 's billing. Any change in impoundment fees shall be effective Janu- ary 1-of each year. The County shall be notified of any charges by October 1 of each yea r and shall notify th e City by November 1 of each year in writing of the County's accept an ce or r ej ec tion of the f ee charge . 7. The Ci ty agrees that the County shall have access du ring normal business hours to examine t h e City's books and record s in reference to the costs of operating the a nimal she lter. • ' ~ ,, ; r •· 1·', !.s:~ r r: .~· '•· I • ) --~-·-· ~ ~ .. f· -L. { ' ~ ., -; . .. :, l!i. ~; ,. .... " ·~' .• .. .!, .l : ·~; l.-, f . . ,. -:~ • ., . . ' :t . • :··. ~..,.·,.. J ... l ,. -~\.(, ·~ • • • • -5 - III. The terms and conditions of this Agreem ent shall be in full f orce and effect commencing January 1, 1979 and sball be renewed each year unless either party hereto by the 1st day of December of each year this Agreemen t is in existence, gives written notice to the other party by registered mail, retuFn receipt requested, tha t this Agreement shall n o t be automatic al ly renewed. IN WITNES S WHEREOF, the part ies here t o have hereunto aet their hands and seals on the day and year set f orth below; CITY OF ENGLEWOOD, COLORADO ~ Municipal corporation By ________ _ Mayor (Date) ATTEST: -------- ex o fficio City Clerk-Treasurer BOARD OF COMMISSIONERS ARAPAHOE COUNTY, COLORADO By Cha i rman • (Da t e) I ': ' II:\· ... . v· •f "" I l · l I • • - , .. .i I • • • • • LQ R _ _E:_E_f:l_E !!.! THIS AGREE MEN T e ntered into by and between the CITY OF ENGLE WOOD, COLORADO , a Municipal corporation , hereinafter referred to as "City" and the CITY OF SHERIDAN, COLORADO, hereina fte r ref e rr e d to as Sheridan. WITNE SSETH: ~IER E AS, the City o f Englewood, a Mu n i c i pal corporation, operates and mainta i ns an animal shelter and disposal _facilities , hereinafter r eferred t o as "facility", inciden t there t o ; and WHEREAS, Sh eridan has pa r t ic ipated, and desires to con- tinue their partic ipa tion in the use of said facil it i es; and WHER EAS, bo th Ci ty and Sh eri dan tin d it mutually desirable under the provision s of Title 29, Article 2, C.R.S. 1973 , as am ended, entitled, "Contr acts f or Government al Se r vi ces", to e nter into this Agreement. NOW, THERE FORE , it i s a g r ,ed by a n d between the parties hereto as f o llow s: I. That the City of Englewood, Colo r ado, shall provi de an animal shelter faci lity a nd ser v ice incident ther eto consisting of the followi ng: l . A modern, s u fficient structure to accommodate sixteen (16) a n imal runs and s ufficient cages fo r confineme nt of small animals . 2. Ad jacent to the building, there shall be fe nced an area adequate to confine la rger animals, b eing horses , donkeys and ani~als of such la rger siz es . 3. A euthanasia chamb e r of sufficien t size to euthanize l arge, medium and small dogs o r other small animals • 4. A gas-fired incinerator sufficient to cr emat e a ll dog s a n d smaller animals . • r !, I • • - I ·. I ·: ... • • • • -2 - 5. The entire pound area shall be f enced and parking pro-vided for th e public. 6. The City sha ll rece ive. house, feed and o therwise care for those animals ord ered impounded by Sheridan • 7 . At all times the City Animal Shelter shall be kept clean and al l an imals re c eived :rom Sheri dan shall be properly fed, cared for and treated humanely. 8. The City shall accept fr om t he pro pe r officers or wa rd ens of Sher idan al l an i mals delivered to i t for care on a seven (7 ) day per week basis . (twe lv e 02) hours on weekdays , and two (2) hours on Saturdays , Sunday s and h o liday s). In the event of an em e r- gency situation. the City a g r ee s t o cooperdt e with Sh e r i dan in making t he f aci l ity ava ila b l e t o proper offic<·-o r warden s of Sheri dan. 9. The Sh elter shall be open to the publ ic for the cla i m- ing of an imals or oth er purpos e s fo r a mi nimum of f our (4) hours on weekday s a nd a min1mu of t (2) houra on Satu rdays , Sundays and holi - days. A spec ific sch du le i• to bt • abliah d by he City . 10. p on~ facili <es and acco- mmo date Sheri dan by r<l aain •n ma l • coil ct n Sb rida n charg ed f ees and fin es , an d aha '! auc coli c d f o r fi nes to t he pro p er Sher idan ag n mo thly. '· City 1 all foll ow the r e lease p rocedu res as out lin d by Sher1da . 11. All an imals shall be d1spo1 d of by th~ City after th e 6th da y of con finemen t at the animal pound or on a dat e spec ified upon writt en no tice f r om Sheridan. Dispos a l may be through ado ption, t r ansfer to a r esearch agency. or eu hanized and cremat e d . Th e City shal l have t he right on the 7th day to allow for the adop tion of dogs and charge a fee of not less tha n $40.00 f or the purpose of allow ing the new own e r s t o have t h e dog neu t ere d. The fee s hall b e u sed by the Ci ty to r eimburs e vete r anian s approved by the City. 12. Ne cessar y im poundm ent forms a nd adminis trat i v e proce- dure s sha l l be es t ab l is h ed by th e City . I f, ' /." I I - ' .. ;.j. - I • - . .. ··~ .. ;~,.· ;_ ~·· ,l • • • I I I • • • -3 - 13. Establ i shed regulations and procedures covering all im- pounded Sher i dan animals shall rema i n in effect and be amended or modified only With the mutu a l consent of the parties to th i s Agree- ment. The City shall cooperat e i n maki ng. implementing and carrying out said r e gulations and proc e dur e s. ~ I I. 1. The Ci ty shall s et th e fees for boarding and disposal of animals on a n annua l basis. bas e d upon useage and costs associated with maintenance and dis posal of animals. and cats : Fo r the y ear 1979 the fees shall be as f ollows for dogs Disposal Board i ng $15.35 per dog or cat $ 1. 85 per day shall be limited to a ma x imum of 107. p er yea r . The basis for the increase in the above fees shall be the City 's operating budg et for th e pou nd . The base used shall be th e fe e s refle ct ed in this a gree- ment. The City sha l l notify Sh e rida n by Octobe r 1 of ea c h year any change in fe es. Sh e r i da n s ha ll n o t ify t h e City by No vember 1 in writ i ng their r j ection or acc e pta nc e o f the fee s tructure. 2 . The City s ha l l cha rge Sh ~ridan fo r actua l costs of d i spos i ng or boa r ding l a r ger a n i ma ls oth e r than dogs or cats. Th is cost wi ll b e reflec t d sepa rate ly on the b il l ing by th e City . 3. The Ci ty s hall have t h e righ t to c harge a mi nimum ot $4 0.00 for a dopt i on of dogs o r cats . Ti e cha r g e f or a do p tion s hall b e us ed to o fc set costs involved i n having dogs o r cats neut e r e d by a qualifie d veterina r ian. 4 . The Ci t y up on written au t hor ity by Sheri dan s ha l l wr ite a n ima l citations fo r Sheridan. I f th e Ci ty :s animal w a~dens • i I • • f l s ) I ·' }..,;;. \ .... • I I • ' • • • - 4 - are r e quired to a pp ea r in court f o ~t~~io n wri tt en f or Sh eridan, the City shall be r e imbursed f or a ctua l hours spent i n court. The charge for this time shall be based on the ani mal warden's hourly compensation rate . For purposes of the agreement hourly compensation rate shall include salary, FICA, workmen's compe~sation, insurance and pension. If the t i me spent in cour t results in overtime , the reimburs em ent shall be on t he basis of 1.5 t i mes the salary and FICA and a mi nimum of two hours . Ch arges for time spent in court sha l l be re f lected separately on th e City's b i lling to the Sheridan. 5. Addit i ons t o t h e phy s i cal st r ucture of the an i mal puu nd sha ll be agreed upon by She ridan. The cos t of construction shall be sh a red by Sh e r i dan bas ed upon th e l ast three years useage . Useage shall be bas ed on dog d"•s fo r She r i For example, i f the pound had a total o f 10 .0 00 dog days and Sheridan had 1 ,000 dog days, Sheri- dan's share of c on s truction costs for expansion of the pound would be 107.. 6. Impoundment f ees charged by Sheridan to dog owners shall be established by the Ci t;. For puroses of this agreement the impoundment fee shall be $12 .00 and the da i ly boarding f ee shall be $2.00. The Ci t y sha l l collect t hese fees for Sheridan and the City will reflect lhe revenue as cred it a gainst Sh eridan's charge s f or the animal pound. This reven ue will b e refle cted separat e ly on the City's b i lling . An y ch an ge in i mp o un dme nt fees sha ll be ef f ecti ve J anu- ary l of each year. She r i dan shall be no tified of any charges by October l of each yea r and s h a ll not ify t he Ci ty by Nove mber l o f each yea r i n wr iting of Sheridan's a cc eptance or r ej ect ion o f the f e e charge . 7. Th e City agr ees th at She r idan shall h ave ac ces s during norma l bu s i n e s s hou r s to examine th e City 's bo o ks and r e cords in r eference t o the c o sts of oper a ting the ani mal sh el te r . • I , f : • -.. 4 t..-.- r. I f' I • 4 .: ~ i - • • ) I -~. .: ~1 ·.· .• { ~'·~ ··-:' ·. ·--.co;~· -. •f _._.~' .T.:'j. .; .... .-.. ,.1 . '{ . .. • ( I ~--· • • • .,_ ---~ -5 - III. The te rms and cond itions of th is Ag reement sha ll be in full f orce and effect commencing January 1, 1979 and shall be renewed each year unless either party her eto by the lst day of December of each year this Agreement is in existence, gives written notice to th e other party by registered mail, return receipt requested, that this Agree- ment shall not be automatically renewed. IN WITNESS WHE REOF, the parties her e to have hereunto set their hands and seals on the day and year set forth below. CITY OF ENGLEWOOD, COLORADO 't icipal corporation By ----.---------· Mayor -- (Dat e ) ATTEST: ------ ex officio City Clerk-Treasu rer CITY OF SHERIDAN, COLORADO a Munic i pal corporat ion By - Mayor ~-------------- (Date) • I I I. I • ... - f ,· .. • • . l I I ' • • • THI S AGREEMENT, ent e red into by and be tw een t he CITY OF ENG LEWOOD, CO LOR ADO , a Municipa l corporation, her einafter re f erred to as "City" and the CITY OF LITTLETON, COLORADO , hereinafte r re- ferr e d to as Li ttleton. WITNESSETH : WHEREAS, th e City of En glewoo d, a Mu nici pal corporation, operates and mainta ins an animal shel t e r and d isposal facilities, hereinafter referred t o as "fa cility", incident thereto; and WHEREAS , Littletn ha s p ~r t ici .d , a nd desires to ·con- tinue their partic ipation, i u the u s e of said f a cilities ; and WH EREAS, both City and Littleton fi nd it mutually desirable under the provisions of Title 2 9, Article 2, C.R.S. 1973, as amended, entitled , "Contracts for Gov e rnmental Services", to enter into this Agreement. NOW , THEREFOR E, it is a gre ed by and betwee n the parties hereto as follows : I. That the City of Englewood , Colorad o, sha ll prov ide an animal shelter facility and service incident thereto consisting of the following: 1. A modern, sufficien t structur e to accommodate sixteen (16) animal r uns and sufficient cage s f or confineme nt o f small animals . 2. Ad ja cent to the building, there shall be fe nced an area a dequate to confine larger ani mal s, being horses, donkeys and a nimals of su ch large r sizes . and s ma ller an imals . 3. A eu thanasia chambe r of sufficient s ize to euthanize large , medium and small dogs or other small anima l s • 4 . A gas-[i r ed incinerator su fficient to cr ema te all dog s • I • - ) " ( ·=-£.. ~: ·r ' i -!'. •':: { I . .f.· .. '· • • • • -2 - 5. The entire pound area sha ll be fenced and park i ng pro- vid ed f or the publ ic . 6. The City shall recei ve, house, feed and otherwise care for t hose animals order ed imp ounded by Littleton. 7. At all times the City Animal Shelter shall be kept c lean and all animals r eceived f rom Littleton shall be properly fed, cared for and treated humanely . 8. The City shall acce pt f rom the proper officers or warden s of Littleton all a n ima ls de livered to it for care on ·a seven (7) day per wee k basis, (twelve (12) hours on weekdays , and two (2) hours on Saturdays , Sundays and ho li days). In the event of an emer- gency situat ion, th e City a gr ees to cooperate wit h Litt le ton i n mak- ing the facility availab l e to proper o ffi cers or wardens of Li ttleton. 9. The Shelter sha ll be open to the public for the claim- ing of animals or other purposes for a minimum of four (4) hours on we ekdays and a minimum of two (2 ) hours on Saturdays, Sundays and holi- days . A specific schedule is to be establishe d by the City. 10 . The City shall provide telephone facilities and acco- mmodat e Littleton by releas ing a nimals , co l lec ting Lit tleton ch a rged fees and fi nes. and s hall remit all such co llec ted fees or f i nes to the proper Littleton agen t monthly . The City shall f ol low the re- lease procedures as out lined by Litt leton . 11. All an imals shal l be disposed of by t h e City a fter the 6th day o f confinem e nt at t h e an imal ~ound or oo a date specified upon wr itten notice from Littleton . Dispos al may be through adoption, transfer to a res ea rch agency, or e u thanized and crema t ed. The City sha ll have th r i ght on the 7th day to a l low f or t he adop tion of dogs an d charge a fee of not less than $4 0.00 for th e pu r pos e of allowing the new owners to have the dog neutere d. The fe e sha ll be used by the City to r eimbu rse v et eranian s approved by the City. 12 . Necessa ry imp oundment f orm s and admin istrative proce- du r e s shall be estab l ished by the Ci t y • • I • .. ( I I I • • • • -3 - 13 . Estab lished regu lat ions and procedures covering all im- pounded Lit Lleton an i mals shall remain in effect and be amended or modified only with the mu tua l consent of the parties to this Agree - ment. The City shall cooperate in making. implementing and carrying out said regu lations and procedures . II. l. The _~i!J shall set the fees f or boarding and dispoeal of animals on an annual basis, based upon useage and costs associated with maintenance and disposal of animals. and cats: For the year 1979 the fees shall b e as follows for dogs Disposal Boarding $15.35 per dog or cat $ l. 85 per day The above fees are subject to annual increases based on a~ticipated increase s in cost at the animal s~e lter. Fee i ncreases shall be limited to a maximum of 107. per year. The basis for the increase in the above fees shall be the City's operating budget f or the pound. The ba se us e d shall be the fees reflected i n this agree- ment . The Ci ty s h all notify Lit tleton by October 1 of each year any change in fe es. Littleton shall notify the Cit y b y November 1 in wr iting the ir re jection o r ccep ta nce of the fee structure . 2. The City sha l l cha rge Littleton f or actual costs of disposing or bo a rd i ng l arger animals other than do gs or cats . This c ost will be re f lect e d s e parat ely on the billing b y the City. 3. The City sha l l have the right to ch arge a minimum of $40.00 for adop tio n Of dog s or cats. The charge fo r adop tion shall be us ed to offset costs invo lve d in having dogs or ca ts neu tere d by a q ualifi ~d v ete r inarian . 4 . The City upon wri t ten author ity by Littleton shall write animal citations fo r Littleton. !f the City's animal wardens • , .. i 1 I I • • - ; ,. • .-. .. • .,. L -' ,' ., . ..... ';-~ I I \ • • • - -4 - ,. ~--... &~ '"'~'L- are r equ ired to appear in court for c itat ion written f or Littleton, the City shall b e reimbursed for ac tual hours spen t i n c ourt. The charge for t h is time shal l be ba sed on the an imal warden 's hour l y compensation rate. For purp os es of t he agreement hourly compe nsa tion rate sha ll include s alary , FICA, wor kmen's comp ens ation , insurance and p ension. I f the time spent in court resul ts i n overtime , the re imbursement shall be on th e basis of 1 .5 t im es the s a lary an d FICA and a minimum of two hours . Cha rges f or time spent in court shall be r eflected separately on th e City's b illing to Littleton . 5. Additions to the physical structure of the animal pound shall be a greed upon by Littleton. The cost of construction ahall be shared by Litt leton bas e d upon the last three years useage. Useage shall be based on dog days for Li t t le ton. For example , if the pound had a total o ( 10 ,000 dog days and Li ttle ton had 1 ,000 dog days , Lit- tleton's share of construct ion costs for expans i on of the pound would be 10 ~. 6 . Impoundme nt f ees charged by Littleton to dog owners shall be established by th e Ci y. For purposes of Lhis agreemen t t he impoundment fee shall be $12.00 and the da ily boar di~g fee sha l l be $2.00. The City shall co llect these f ees for Lit leton and the City will reflect the r evenu e as credit aga inst Little ton's charges f or the a nimal pound. This re venu e will be reflected separately on the Ci ty 's b i lling. An y ch a nge in impoundment fees shall b e e ff ect i ve Janu- ary 1 of each yea r . Littlet on shall be n oti fi e d of any charges by October l o f each year and shall notify th e City by Novembe r 1 of ea ch year i n writing of Littleton's acce pt a nce or re j ection o f the fee charge. 7 . Th e Ci ty agrees that L i tleton shall have dc cess dur- i ng no r mal bus i nes s ho urs to exanine the City's books and r e cords i n r efer ence to the cos ts of operating the animal shel er . • ~: .. ' r ·. ~.. ' . . , I • • - ct • t " ~ \.( • • 1-:•·~··, t.; .; .4-· ..... _ --, • ..... '\ ... · .. , ~~·. ··~· ..:.;.,\ ........ ~ ..... '''· I ( • • • -5 - III. The terms dOd conditions of this Agr eement shall be in full force and effect commencing January 1 , 1979 and shall be renewed each year unless either party hereto by the lst day of Dec e mber of each year t h is Agreement is in ex is tence, gives written notice to the other party by registered mail, return receipt requ ested , that this Agree- ment shall n o t be automatical ly renewed . IN WITNESS WHEREOF, the parties hereto have hereunto set t h eir hands and seals on the day and year set fo rth below . CITY OF ENGLEWOOD, COLORADO a Municipal corporation By Mayor (Date) ATTEST: ----------------·-- ex officio City Clerk-Treasurer CITY OF LITTLETON, COLORADO a Municipal corporat i on By Mayor (D at e) • • I • • - • )'~>: !· . ' / ;j _ '\ ..... .,.·. ..:;~'it:-:-. ,t-,, .. r--··· -.· ··~ . . ·-~ .·:~ _,: ' '4 1/:.~ ·,. .J ; . -i -1i'. .. :. . ~ . .. -! .. ;. :l ~· ... j~·. ·. I ( • • • A_9_ ~ J;: E M E N T THIS AGREEMENT, enter e d into by and b etween the CITY OF ENGLEWOOD, COLORADO, a Municipal corporat ion, hereinafter refer red to as "C ity" and the CITY OF CHERRY HILLS VILLAGE , COLORADO, here- inafter referred to as Cherry Hi lls Vil lage. WITNESSETH : WH EREAS , the Ci ty of Englewood, a Municipal corporation,, operates and mainta ins an animal shelter and disposal f a cilities, hereinafter referred to as "faci lity", inci dent thereto ; and WH EREAS , Cherry Hills Vi lla ge desi res to participate i n the use of sa id facilit ies; and WH EREAS, both City and Cherry Hills Village find it mu- tually desirable under the provisions of Title 29, Article 2, C.R .S. 1973. as amended, e ntitled, "Con tract s for Governmental Services", to enter into this Agreement. NOW , THEREFORE, it is agr eed by and between t he parties hereto as follows: I. That the City of Englewood, Colorado, shall provide an animal shelter f acility and s ervice incident thereto con sist ing of the followin g: 1. A mo dern, sufficient structu r e to accommodate sixteen (16) an im al r uns a nd sufficient cages for confin em ent of small animals. 2 . Ad jacent to the bu ild ing, there shal l be fenced an area adequate to confine larger an i mals, bein g hors es, donkeys and animals of such larger sizes . 3. A euthanasia chamber of sufficient· size to eu t hanize l arge, medium a nd small dogs or other small animals. 4. A eas-fired i nc i n erator su ffici ent to c remate all dogs and s malle r an ima ls. • I , I. I • - I • .i ; I· ~.-·. ' •. J . ' ( • • • -2 - 5. The entire pound ar ea shall be fence d and parking pro- vided for the public. 6. The City shall receive, house, feed and otherwise care for those animals ordered impounded by Cherry Hills Village. 7. At all times the City Animal Shelter shall be kept clean and all animals received from Cherry Hills Village shall be prop e rly fed, cared f or and treated humanely. 8. The City shal l accept from the proper officers or wardens of Cherry Hills Village all animals delivered to it for care on a seven (7) day per week basis, (tw elve (12) hours on weekdays, and two (2) hours on Saturdays, Sundays and holidays). In the event of an emergency sit u ation , the City agrees to cooperate with Cherry Hills Village i n making the facility availab l e to proper officers or wardens of Cherry Hills Village. 9. The Shelter t.ha ll be open to the public for the clai• ing of anima l s or other purpos es for a mi nimum of four (4) hours on weekdays and a minimum of two (2) hours on Saturdays, Sundays and tolidays . A specific schedule is to be established by the City. 10 . The City shall provide telephone facilities and acco- mmodate Cherry Hills Village by r eleas i ng animals, collecting Cherry Hills Village charged fees and fines, and shall remit all such col- lected fees or fines to the proper Ch e rry Hills Village agent month ly . The City shall follow the r elease procedures as outlined by the Cherry Hills Village. 11 . All animals shall be d is posed of by the City after the 6th day of con fineme n t at the an imal pound o r on a date s peci fi ed u pon wr itten notice from Cherry Hills Village. Disposal may be th rough ad option, t r ans fe r t o a research agency, or eu th anized and cremat ed. The City shall have the right on the 7th day to allow fo r th e ado ption of dogs and charge a f ee of n ot less than $40.00 for the purpose of allow ing the new owne r s to have the dog neutered. The fe e shall be used by the City t o re imburse ve teranians approved by the City. 12. Necess a ry i mpoundment f orms a nd administrative proce- dures shall be es tabl ish e d by th e City . ~, '·. ···<I) o A ~- :· I • ) ! . ~ I,:. ~· .. . ·. • • • • - 3 - 13. Established regulations and procedures covering all impounded Cherry Hills Village animals shall remain in effect and be amended or modified only with the mutua l consent of the parties to this Agreement. The City shal l cooperate in making, implementing and carrying out said regulations and procedures. II. l. The City shall set the fees for boarding and disposal of animals on an annual basis, based upon useage and costs associated. with maintenance and disposal of animals. and cats : For the year 1979 the fees shall be as follows for dogs Disposal Boa rding $15 .35 per dog or cat $ l. 85 per day The above fees are s ub ject to annual increases based o n anticipated in creases in cost at the animal shelter. Fee increases sha ll be limited to a maximum of 10~ per year. The basis for the increase in the above fees shall be the City's operating budget for the pound. The base used shall be t he fees reflected in this agree- ment. The City shall notify Cherry Hills Village by October l of each year any change in fees. Cherry Hills Village shall notify the City by November l in writing their re jection or accept ance of the fee structure. 2 . The City shall charge Cherry Hills Village for actual costs of dispos i ng or boarding larger animals other than dogs or cats. This cost will be r eflected separat ely on the billing by the City. 3. The City shall have the right to charge a minimum of $40.00 for adoption of dogs or c ats. The charge for adoption shall be used to offset costs involved in ha ving dogs or cats neutered by a qualified veterinarian . 4 . The City upon wr itt en author ity by Cherry Hills Village shall write animal citations for Cherry Hills Village. If the City's • ' .) . ' I • ,·: .. _), # i..~ . . ~--:--... . y;$;~ .... • '7 ... ~ ._. .. - ) r ·~· .. • .... 1 ·-;. • • • '· -4 - animal wardens ar e r e qu ired t o a ppear in court for citat ion wr itten for Cherry Hi lls Village , the Ci ty s hall be re imbursed for actual hou rs sp ent in court. Th e charge for th i s time shall be based on the animal warden 's hour ly compensat i on r at e. For purposes of the agree- ment hourly compensation rate sha l l include salary, FICA, workmen's compensation. i nsurance and pension. If the time s pent in court result s in overtime, the reimbur sem ent shal l be on the basis of 1 .5 times the salary and FICA an d a minimum of two hours. Charges for time spent in court shall be re fl ected separa te ly on the Ci ty 's bil ling to Ch erry Hills Village . 5. Add i t i on s t o t he phy sical structure of the an ima l pound sha l l be a greed upon by Cherry Hi l ls Village. Th e cost of c onstruction shall be shared by Cherry Hil l s Vil lage based upon the las t three y e ars use age . Useage shall be based on dog days for Ch erry Hills Village. For ex ample , if th e pound had a to tal of 10,00 0 dog days and Cherry Hills Village had 1,000 dog days, Cherry Hill s Village's share of construction costs for expansion o f the pound would be 107.. 6. Impoundme nt fees charged by Ch erry Hills Vi llage to d o g owners shall be established by the City . For pur pos es o f this agreemen t the imp oundmen t fe e shal l be $12.00 and the daily bo ard i ng fee shall be $2.00 . The City shall collect these fee s for Cherry Hills Village a nd the Ci ty will r eflect t h e revenue as c r edit against Cherry Hil ls Village's charges for the animal po und. This revenue wil l be re fle cted s e parately on the City's billing . Any change in impoundment fees shall be effect ive January 1 of each yea r . Che rry Hills Village shall be notif ied o f any charges by October 1 of each year and shall notify the City by November 1 of ea ch year i n writ ing of Che rry Hills Village's acc ep- tance or re jection of the fee charge . 7. Th e City agrees that Che rry Hills Vi llage s hall have access du r ing no r mal busines s hours to examine the Ci ty 's bo oks and records i n refe rence to the cos t s o f operating the an imal s helt e r. • ! .•. ;~. .. f, " I fJ :· I· .-. ·' - ··"' ; " ~ ·~·· -I 7~ • I 1· ~ . . .. ! . ~: I L.·~ \ - - ·~ t ·····-~---.... -..... .r .::)~ '·):-., .... . • t • • • ...... - 5 - Ill. The terms and conditione of this Agreement shall be in full force and effect commencing January l, 1979 and shall be renewed each year unless either party hereto by the lst day of December of each year this Agreement is in existence, gives written notice to the other party by registered mail , return receipt requested, that thia Agreement shall -not be automatically renewed. IN WITNESS WHEREOF, the parties hereto have hereunto aet their hands and seals on the day and year set forth below. CITY OF ENGLEWOOD, COLORADO a Municipal corporation ', By --------------- Mayor (Date) ATTEST: ex officio City Clerk-Treasurer CITY OF CHERRY HILLS VILLAGE, COLORADO a Municipal corporation By -------------- Mayor (Date) ATTEST: --------- City Clerk • --':1-.,. I ' L ',, I-~' .. ~ ... I. ·,1 ··; I • • • • • • MEMORANDUM TO: Ma yo r and Members of City Council FROM: Andy McCown, City Manager DATE: November 28, 1978 SUBJECT: SIDEWALK REPAIRS Recen tly the subject of repairs t o sidewalks has c ome up as a result of complaints rec ived about the condition of sidewalks along the 100 block of East Kenyon Avenue . This subjec t has always been one that has caused a great deal of confusion in t erms of the proper procedure to follow to effectuate the repairs. Perhaps a little background would be helpful. From time to time, the City has f und ed sidewalk Dist r icts in conjunction with Paving Districts. As you know, though, this procedure is somewhat cumbersome and lengthy . The staf f in the pa st has sent out 30 day notices to property owner s to repair their sidewalks but generally did not seek further action if the repairs were not done , but rather delayed the matter until a Sidewalk District was funded . Thus, it would sometimes be a yea r o r longer before the repairs were made . Recently, however, we have been incurring liability p r oblems in that s everal suits have either been threatened or actually filed against the City because of people injuring themselves in falls and alleging that the fall was due to a sidewalk in a sta te of disrepair . Our insurance people accordingly have become quite concerned and have ur ged us to seek more prompt and immediate repairs . Another factor in all of this is that we have ne v e r been able to pinpoint a specific procedure to follow. Although the Code does not require it, the City Attorney's office is quite concerned and justifiably so with the fact that we have sent out notices without any provision fo r the property owner to voic an objection prior to a determination by Council that th e work is actually needed. Of cou rse, public hearings are always held in the case of a District and, therefore, no problem would exist in that procedure. We have met with the City Attorney, Director of Engineering Services and Director of Public Horks to review this matter. We jointly recommend to Council the following procedure to follow in the future i n terms of requir- ing sidewalk r epairs. 1. Upon findi ng th at a sufficient number of sidewalk repair s are needed, s aff will send a report to Council r ecommending that notices be sent to property owners. 2. Council then directs staff to notify the property owners that a staff r ecommendation has been made to repair the &idewalk and inviting the property owner to attend he n xt Council meeting if they wish to protest. I • - ( • Member s of Co uncil Page 2 November 28, 1978 -SIDEWALK REPAIRS • • • 3 . At the next Coun c il me e ting, Co unc il ma kes a deter mi nation o n the n eed fo r r epairs and directs s ta ff to send out 30 day notice to property owner requ irin g the r epai r. If not done in that t ime period , th en the City will proceed with the repairs. 4 . Af t er wo rk is complete d, assessab le cosls a r put into ordin ance f o rm and a pub lic hearing is held. 5 . Property is a ssessed in a p r ocedure as dete rmined by Co u n c i l. In order to mak e thes e repairs on a timely basis, ho wever , it is goin g t o require that we probably go t hrough this p r ocedure at leas t twice a year which mean s that money is going to have t o be budge t ed . Part of the reason befo r e that we have not followed up on noti ces sent out is t h at we have not had t he funds budget e d to do the wo rk. This is the case in the curre nt list being consider ed by Council. In regard to the current list , 30 day notices have already b e en sent o ut to all property owners without any h e aring. Rather tha n backtrac t now, we recommen d that we proceed with t his l is t which means the repair s wi ll be done pro bably in March or Ap r il of next year and utilize the new p rocedure for the next gr o u p . We wi ll budge t funds accordingly in the PIF. Sincerely , ~2M~~w~ ph Enclosure c c: Ke lls Waggon e r, Direc tor of Pu blic Works Gar y Diede, Dire ctor of En gine e ring Se r vices B. V. Berardini, Ci t y Attorn ey • I • • ( l ( TO t INTU-Of'ACE MIMOIANDUM Ke lls Wa ggon er , Director of Public Wo rk s • • • DATI: Oc t oher 1 3, 19 7 8 FltOM: Gary R . Di ede , Di r e ctor o f Engi neer ing S e rv i ce s SUIJ ICTt Con crete Re p airs At t he reque st o f City Co u n cil at t he i r study ses s i on Octobe r 9 , 19 7 8 , t h e fo l lowing is a li st of p rope r t y owners a lon g t he 000 -10 0 blocks o f Eas t K nyon tha t were s e n t thirty-d a y concrete r epa ir n o tices on Au~u t 31 . lso in l u d e d are a li st o f p r ope rty o wn e r s that were s ent n o t i ces i n Febr uary 1 9 7 8 , but di d not make their r epa irs ; a r ecent pede s tria n a c ci- dent l o ca t ion; and concrete t o b e repai red at City 's expen se. 00 0-100 East Kenyo n Concrete Re12air Needed E stima t ed Co st Wi llia m Murphy New 4" wal k 49 3 S .F. $ 790 .00 3 7 00 s . Broa d wa y R&R Curb&gu t ter 71.1 L.F. 7 4 7 .0 0 To ta l $ 1,537 .0 0 Ar t h u r & Ba rbara Yo u ng N e~o~• 4" wal k 3 84 .0 S .F . 614 .0 0 3 7 0 1 s. Lincoln S t. R&R Curb&gu t t e r 4 0 0 L .F . 42 .0 0 Rem o v e wal k 19 2 .0 S .F . 24 0 .0 0 Tota l 89 6 .00 Eng lewood Schoo l Dis t . I R&R wa lk 5 57 .1 S .F . 1 ,58 6 .0 0 F.&R curb&gutter 28 5 .50 L.F. 2 ,9 98 .00 Saw 1.0 L .F . 10 .00 Total 4 ,594.00 Dav i d Miller ew 4"walJr 189 .0 S .F . 302 .0 0 3 7 0 0 s . Lin c oln S t . lew 6 "walk 349 . S .F . 8 3 9.0 0 R&R c urb&g utte r 125.0 L .F. 1 ,313.0 0 Re mo ve wa l k 5 38 .6 S .F . 67 3 .0 0 Total 3 ,1 27 .0 0 Char l es & S h i r l e y Kod i s Remo v e wa l k 3 1.1 S.F . 40 .0 0 3703 s . S herman S t. R&R c urb&g u tter 12 3.9 L.F . 1 ,301.0 0 Total 1 ,341.00 Repa i r No t ices se n t F ebr u a ry '78 , bu t not re12ai r e d 30 3 7 w. Gr and Ave . Co dne r, Do n R. & Betty R . R&R 20 L .F . c~n $ 2 7 0 .0 0 To t al 27 0 .0 0 33 11 s . Broadway l{&R 28 S .F . Wa lk 8 0 .0 0 (on F l oyd Ave ) !1 &R 9 S .F . VC &G 9 5 .0 0 Lo wan , P aul To t a l 17 ' 0 00 • • I • • • - • • ( Inte r-office Memo ells "laggo ne r October 1 3 , 1 97 8 Page two 338 4 S . Broadway R&R 17 L.F. VC&G $ 1 7 9.00 Engl ewood Aerie #3 241 Tota l 17 9 .00 340 0 s. Broadway owerth wa ite , Authur T. R&R 12 L .F. VC&G 126.0 0 T o tal 1 2 6.00 3 422 s . Broad ... ray R&R 20 L.F. VC&G 210.0 0 Ro tstein , Shepherd Total 210.00 3 4 3 0 s. Broadway R&R 99 S .F. Wal k 282.00 F irst National Bank, Exec Total 282 .00 E state of Florence A . Doster t (_ 3424 s. Broadway R&R 6 L.F . VC&G 63.00 Same as above Total 6 3 .00 34 6 0 s. Broadway Miller , Blanche E . R&R 6 L.F . VC&G 6 3 .00 To t al 63 .00 Recent Pedestrian Accident Leo Lent !Jch R&R Walk 15 .9 S.F . 4 5 .0 0 314 9 s . Broadway Total 45 .00 Tota l Ass e ssa ble Costs $ 1 2 ,863 .00 Concrete Reeairs at C i ty's Exeense 00 0-100 E. Keny on I 516 .50 6 4 6 .0 0 • • Re m Walk S .F . Co nst 4 " Walk 283.70 S .F . 4 54 .0 0 ( Cons t 6 " Wa lk 1 2 8.00 S .F . 307.00 R & R V C &G 92 .20 L .F . 9 68 .0 0 X-Pan (co ns t) 3 16 .00 S .F. 9 48 .0 0 • • - ( l • ( • Inter-office ~emo Kells Waggoner October 13, 1978 Page three Bates & Bates Pkwy SW corner Bates & Corona City Hall (N. Door) N.E. corner Hampden Pl. & Elati Parking lot S.E. corner Bannock & Girard Quincy & Bannock • • • R&~ 180.0 S.F. x-pan R&R 15.0 L.F. LWI 12.0 S.F . walk (R&R) R&R 10.0 L.F. VC&G R&R 150.0 S.F. l'lalk R&R x-pan & returns Total City's costs $ 1,080.00 203.00 34.00 105.00 428.00 1,964.00 $ 7,137.00 In order to make all of the above concrete repairs, a total of $20,000 will have to be appropriated. It will take as lons as eighteen months to recover the assessable costs through the county tax lien procedure. If this work is to be done in 1978, we wi ll have to have City Council's authorization to have this work comp leted and hire a contractor within one month. Gary R. Diede, P.E. Director of Engineering Services cc: Bill James • I • ( ( • • • • INIB-OI'PICI Mlt'OUNDUM ~ Andy McCown, City Manager DA1'1: November 28, 1978 ~ Gary Diede, Director of Engineering Services SU&IICT1 Concrete repairs In my memo to Kells Waggoner dated October 13, 1978 concerning the concrete repairs,one of the properties (3149 S. Broadway) received a repair notice without Council authorization. I would suggest that you ask Council to authorize that the repairs be made and that the thirty-day concrete notice be sent to the property owner. There was a pedestrian accident at this address and a personal injury claim has been received by the City. OWner: Leo Lentsch 3149 S. Broadway Remove and replace 15.9 square feet of sidewalk, estimated cost $ 45.00 ~fl~ ...-~~y~~. Diede, P.E. Director of Engineering Services GRD:bjs cc: Kells Waggoner • I . - • • • • • • • AGREEMENT WHEREAS, the City of Englewood entered into an Agreement with D ' S Conceasions and Richard A. Saunders and Shirley A. Saundera, dated August 2, 1978, a true copy of which agreement is attached hereto as Exhibit •A•; and WHEREAS the parties to said agreement are desirous of res- cinding the aa.e; and WHEREAS, the City of Englewood and Shirley A. Saunders are deairou• of entering into a new agreement upon exactly the same terma and provisions as Exhibit "A". NOW THEREFORE, the parties do hereby rescind said Exhibit "A", rendering the same null and void, and releasing each other from all obligation• thereunder; FURTHER, the City of Englewood and Shirley A. Saunders do hereby agree to enter into the described new agraa.ent (a copy of which is attached hereto as Exhibit "B") upon approval thereof by City Council. Dated at Englewood, Colorado, this _______ day of November, 1978. The City of Englewood D '2oncessi't!' By :,yit ·c-.I By : __________________ __ I. • \I .. t . . j: I • • • • • • ~,i..t f '/l '' AGREEMENT FOOD & BEVERAGE CONCESSION FOR ENGLEWOOD MU~AL GOLF COURSE 5 Hti!J.t:'/ j(. f11 ._.N')ots RIC'H/?J?.l:> ,;. ~/fl/A/JJE,I<''S ' It is mutually agreed between 1Jo,t/j) ·r-S' (lctJ(' c SS d 7.A/ .=> hereinafter described as Concessionaire, and the City of Englewood, that: A. The City of Englewood shall: 1. Provide space in the Englewood Golf Clubhouse located at 4<XlO South Clay, Sheridan Colorado, for a kitchen and dining room. 2. Provide for a sink and sufficient electrical outlets in the kitchen and provide tables and chairs for the dining room. 3. Pay for cost of utilities needed in the operation of the concession. B. The Concessionaire shall: 1. Obtain and provide all necessary state and municipal food, restaurant and beverage tax permits and licenses at the Concessionaire's expense. 2. Provide for all equipment, supplies , utensils , inventory, kitchen work tables and shelving that is required by health authorities and necessary to operate the concessions. Conces- sionaire must provide for repair and maintenance of all items meationed in Item 2. 3. Provide for ade quate fire and theft insurance on items listed in Item 2. 4. Keep adequate a nd pro per business r e cords whi ch shall be o pen for In spection by the City during bu siness hours of any business day. Said bu s iness records and reports to be set up according to the uniform procedures adopted by the City. 5. To account for and deposit all monies due to th e Cny of Englewood as determined In this agreement on an approved deposit sched ule as outlined by the Ci ty of Englewood. 6. Responsible for keeping the kitchen and lunchroom clean and sa nitary at all times and operate the concessions to meet City and he alth authorities requests. 7. Provide,· but not limited to, at least eight basic desired food and bevera!:e services as listed below. Items from this list can be d e le ted or incre a sed by mutual conseut of the Conces- sionaire and City of Englewo.xl. a. II a mhuq;crs b. Hot dogs c. Soft drinks -2 carbonated and 1 non-carbonated d. Cold sandwiches e. Coffee and/or hot chocolate f. Salad lhr g. 3. 2 llcer h. Miscellaneous snacks--potato chips, candy bars, gum, nn f. ,..I,... '"" • • '""'" , ... .._.' v ,,,n,.,. etc . • • \. I I • • - • , • • • • - -2- 9. Concessionaire shall provide food and services during day and within hours as. determined by the CUy of Englewood. This agreement shall extend from me date hereof through january l, 1980, but may be terminated by either party upon ninety (90) days written notice without penalty. This cootract may not be assigned by me Concessionaire or any res pon- aibiUcy transferred hereunder except by expressed written permission from the City of Englewood. ,k'}l"I'Y"41C' .Z> ff s;-_,V.# J)E.<"::.i r .5/fir.L t:y /1 . 5~~<"/ll.l>r-,._·s There, 1>1!Jt!/.:Vr-S (/co,wur;Sscc..v-r-, known as the food and //·~ beverage Concessionaire agrees to pay to the City of Englewood __ /_ •C>.......,/'--().,_ per cent of me gross income from the gross sale of merchandise derived from the operation of aaid concessions. Gross sales is defined as the total income from concession operation less sales tax. Dated at Englewood, Colorado, this :Zv i> day or /laE<IS T . 1978. <, .. I . 1.·. f " ~I I • I • ; ,<__:_.. . "'\. • • • •' • f .J. t...t,, r "g ( ( AGREEMENT FOOD & BEVERAGE CONCESSION !'OR ENGLEWOOD MUNTCf'PAL GOLF COURSE It is mutually agreed between _ / hereinafter described as Concessionaire, and the City of Engle wood, that: A. The City of Englewood shall: 1. Provide space in the Englewood Golf Clubhouse located at 4000 South Clay, Sheridan Colorado, for a kitchen and dining room. 2. Provide for a sink and sufficient electrical outlets in the kitchen and provide tables and chairs for the dining room. 3. Pay for cost of utilities needed in the operation of the concession. D. The Concessionaire shall: 1. Obtain and provide all necessary state and municipal food, restaurant and beverage tax permits and licenses at the Concessionaire's expense. 2. Provide for all equipment, supplies, utensils, inventory, kitchen work tables and she! ving that is required by health authorities and necessary to operate the concessions. Conces- sionaire must provide for repair and maintenance of all items mentioned in Item 2. 3. Provide for adequate fire and theft insurance on items listed in Item 2. 4. Keep ade quate and proper bu s iness records which shall be open for inspection by the City during business hours of any business day. Said business records and reports to be set up according to the uniform procedures adopted by the City. 5. To account for and deposit all monies due to the City of Englewood as determined in thi s agreement on an approved d e pos it schedu le as outlined by the City of E ng lewood. 6. Respons ible for keeping the kitchen and lunchroom clean and s anitary at all time s and operate the concessions to meet City and he alth authorities requests. 7. Provide,· but not limite d to, at least eight basic desired food and beverage servicc:s as h s ted below. Items !rom tllis list can be deleted or increased by mutual consent of the Conces- sionaire :tnd City of Engl e wood. a. Hamburgers b. Hot dogs c. Soft drinks -2 carbonated and I non -carbonat<:d d. Cold ~·~ ••· · · • ·' ,;tf~,~ I ·~~- i• . . ,, '-·! · .. .• 1. .··: ·I C4 \I 'i \ , ..... ··,.·.' I • • • • I . • • • • • . • -:<t •. . ' -----·--, -2- 9. Concess ionaire shall provide food and services during day and within hours as determined by the City of Englewood. This agreement shall extend from the date hereof through January I, 1980, but may be terminated by either party upon ninety (90) days writte n notice without penalty. This contract may not be assigned by the Concessionaire or any respon- sibility transferred hereunder except by expressed written permission from the City of Engiewoocl There, ~HI f?L G '( e .\th• Ill Oi't~Jt,nown as the food and beverage Concessionaire agrees to pay to the City of Englewood per cent of the gross income from the gross sale of merchandise derived from the operation of said concessions. Gross sales is defined as the total income from concession operation less sales tax. Dated at Englewood, Colorado, this __ ""'~' -~day of~ M' 8 1978. • • I· ·~ .: ·"',.· .. 1 ~-' .. ; :· \ . I . • • • - MEMORAND UM TO: Ma yor and Members of City Council FROM: Andy McCown, City Manager DATE: November 2 8, 1978 SUBJECT: SIDEWALK REPAIRS Recently the s ubje c t of re pairs t o sidewalks has c ome up as a result of complaints received about the condition of sidewalks along the 100 b l ock of East Keny o n Aven u . This subject has always been one that has caused a great deal of confusio n in terms of the proper procedure to follow to effectuate the r e pairs . Perhaps a little background would be helpful. From time to time, the City has f unded Sidewalk Districts in conjunction with Paving Districts. As you know, though, this procedure is somewhat c umbersome and lengthy. The staff in the past has sent out 30 day notices to property owners to repair their sidewalks but generally did not seek further action if the repairs were not done, but rather delayed the matter until a Sidewalk District was funded . Thus, it would sometimes be a year or longer before the repairs were made. Recently, however , we have been i ncurring liability problems i n that several suits have either been threatened or actually filed a g ainst th City because of peo ple injuring themselves in f alls and alleging that the fall was due to a sidewalk in a state of disrepair. Ou r insurance peopl accordingly have become quite c oncerned and hav e urged us to s eek mor e p rompt and immediate r e pairs . Another f actor in all of this is that we have never been able t o pinp oin a specific procedure to follow. Although t he Code do e s not require it, t he City Attorney 's office is quite concerned and justifiably so wi th th e f act that we have sen t out notices wi th out any provision f or the p rop e rty owner to voice a n objection prior to a de termination by Cou ncil tha t the wo rk is a c tua lly needed. Of cour s e, public hearings are alwa ys he ld in the case of a Distri ct and, therefore, no p robl em would exis t in t hat pro ced ure. We have met with the City Attorney , Director of Engineering Services and Directo r of Public ~lo rk s to review this matter. We jointly r commend to Co unc il the following procedure t o f o llow i n th e future in terms of r eq ui r- ing s i dewalk r epair s. 1. Upo n f i nd i ng t hat a sufficient number of sid ew alk repa i r s a r e needed, staff will send a report to Council r ecomm ndi ng that notices be sen t to p ro pe r ty owners. 2. Co uncil then direct s staff to notify he property owners that a s ta ff r ecommendation has been mad e to r e pair the sidewalk and inviting t h pr o pe rty owner t o a tte nd the next Co un cil mee ting if they wi sh to protest. • I • • • • Members of Council Page 2 .. No v ember 28, 1978 -SIDEWALK REPAIRS • • • 3 . At t he nex t Co un c i l mee t i n g , Co un cil make a d rmination on the n eed fo r r epai r s and d irec t s s t aff t o send out 0 dav notice to property owner r equir i ng t he r epair . l f not don in tha t time pe r iod, t hen the Ci t y will pro cee d with th repairs. 4 . After work is com p l e t e d, asses s a ble costs a r e put into o rd i nanc e form and a pu b lic hearing is held. 5 . Property i s a s sessed in a p r ocedure a s de t e rmined by Co uncil . In o rder to mak e th ese r epa irs on a time l y basis , ho we v e r, i t i s go ing t o require that we probab l y go t h r ough th is p r ocedure at l e ast twice a y e ar which mea n s that mon ey is g o ing to have t o be bu dge ted. Part o f the reason before that we h ave no t follow ed u p on notices sent out i s t h at we have not had the funds budge t e d t o d o the wo rk. This is the case in the current l ist being conside r ed by Co un c il. In r egard to the c urrent list, 30 day n o ti c es have alr eady b e en sent out to all property owner s withou t any hearing . Rather than backtract now, we recommend that we p roceed with thi s list which means the repairs will be done probably in March or April o f next year and utilize the new procedure for th e ne xt gr oup. We will budg e t Funds a c c ording ly in th e PIF. ph En clos ure cc: Kells Waggon er , Director of Public Wor k s Gar y Diede , Dire ctor of Engine eri ng Se r vices B. V. Be r a r dini, City At torney • I . , TO. • • • INTU.()FACE MtMOIANDUM Ke lls Wag goner , Director of Public Works DATI: Oc t ober 13, 1978 ~0~ Gary R . Died e, Director of Engineering Serv ices SU IJICT, Concrete Repairs the request of Ci y Council at their study ses s ion October 9 , 1978, the fo l low ing is a list of property owner s along the 000 -100 blocks of Eas t K nyon that were sent thirty-day concre te repair notices on Ausust 31. Als o included are a list of property owne r s that we r e sent not ices in Feb ruary 1 9 7 8 , but did n ot make their re p a irs ; a recent pedestrian a c ci- den t l o cation; and con crete to b e repaired at City 's expense. 000-100 Ea st Kenyon Wil liam Murphy 3700 S . Broadway Arthur & Barbara You ng 3 7 0 1 S. L incoln St . Eng lewood School Dist. I David Miller 370 0 S . Lincoln St. Char l es & Shirley Kodis 3703 s . Sherman St . Repair Notices 303 7 11 . r nd Ave . odner , Don R . & Betty R . Concrete Re 12air Needed Ne w 4 " walk 493 S.F. $ R&R Curb& gut t er 71.1 L .F. Tota l New 4" walk 384 .0 S .F . R&R Curb&gutter 4. 0 L .F . Remove walk 192.0 S .F. Total R&R walk 557 .1 S .F. F.&R cu r b&gutter 285 .50 L.F . Saw l.OL .F. Total New 4"walk 189 .0 S.F . New 6 "walk 349 .6 S .F . R&R curb&gutter 125.0 L .F . Remove walk 538 .6 S.F. Total Remove walk 31.1 S .F. R&R curb&gutter 123.9 L .F . Total Es timated 790.00 74 7 .00 614.00 42.0 0 240 .0 0 1,586 .00 2 ,9 98 .0 0 10 .0 0 302.00 8 39.00 1,313.00 673.0 0 40.00 1, 301.00 $ sent February '78 , but not repaired R&R 20 L .F. Cl'll $ 270 .00 To t al Cost 1,537 .00 896 .00 4,594.00 3 ,12 7.00 1 ,341.00 270.00 3311 s . Broadway H&R 28 S .F. Walk 80 .00 (on Floyd Ave) R&R 9 S .F . VC&G 95 .00 Lowan , Pa ul To ta l 17 '. 00 • I • • • • . ,. Inter-office Memo :·ells Wa ggoner October 13, 1978 Page two 338 4 s . Broadway R&R 17 L .F. VC&G $ 179.00 E n l ewood Ae r ie #3 241 Total 179 .00 3400 s . Broadway o"•erthwai te , Au t hur T. R&R 12 L.F. VC&G 126 .00 Total 126.00 342 2 s. Broad\o;ay R&R 20 L.F. VC&G 210.00 Rot stein , Shepherd Total 210.00 343 0 s . Broadway R&R 99 S .F . Walk 282.00 Fi rst National Bank, Exec Total 282 .00 Estate of Florence A. Do stor f' 3424 s. Br o a dway R&R 6 L.F. VC&G 63 .00 Same as above Total 63 .00 3460 s. Broadway Miller, Blanche E . R&R 6 L .F . VC&G 6 3 .00 Total 63.00 Recent Pede strian Accident Leo Lent!::ch R&R Walk 15 .9 S .F. 4 5 .0 0 3149 s . Broadway Total 45 .00 Total Assessable Costs $ 12,863 .00 Con c r ete Re12a i rs at C i t:['S Ex12ense 000-100 E . Ken :ton I • qem Walk 516.50 S .F. 646.00 ( Con st 4 ,. \~alk 283.70 S.F . 454.00 ons t 6 " Walk 128 .00 S.F . 307.00 R & R VC &G 92 .20 L .F . 968.00 X-Pan (co nst ) 316 .00 S .F. 948 .00 • • - • ( • Inter-office ~emo Kell s Waggoner October 13, 1978 Page three Bates & Bates Pkwy SW corner Bates & Corona City Hall (N. Door) N.E . corner Hampden Pl. & Ela ti Parki ng lot S .E. corner Bannock & Girard Quincy & Bannock • • • R&R. 180.0 S.F . x-pan R&R 15.0 L.F. LWI 12.0 S.F. walk (R &R ) R&R 10.0 L.F. VC&G R&R 150.0 S.F. Nalk R&R x-pan & returns Total City's costs $ 1,08 0.00 203.00 34.00 105.00 428.00 1,9 64 .00 $ 7,137 .00 In order to make all of the above concrete repairs, a total of $20,00 0 will have to be appropriated . It will take as lonq as eighteen months to recover the assessable costs through the county tax lien procedure. If this work i s to be done in 1978, we will have to have City Council's authorization to have this work comple ted and hire a contractor within one month. Gary R. Diede, P.E. Director of Engineering Services cc: Bill James I • - 0 • • • • INTB~I -••OIANDUM ,. ~ Andy McCown, City Manager DATI: November 28, 1978 , • ~ Gary Diede, Director of Engineering Services AnU~a Concrete repairs In my memo to Kells Waggoner dated October 13, 1978 concerning the concrete repairs,one of the properties (3149 S. Broadway ) rec0ived a repair notice without Council authorization. I would suggest that you ask Council to authorize that the repairs be made and that the thirty-day concrete notice be sent to the property owner. There was a pedestrian accident at this address and a personal injury claim has been received by the City. Owner: Leo Lentsch 3149 S. Broadway Remove and replace 15.9 square feet of sidewalk, estimated cost $ 45.00 ~fl~ "~~y~~. Diede, P.E. Director of Engineering Services GRD:bjs cc: Kells Waggoner I • , • • • • AGREEMENT WHEREAS, the City of Englewood entered into an Agreement with D • S Concessions and Richard A. Saunders and Shirley A. Saunders, dated August 2, 1978, a true copy of which agreement is attached hereto as Exhibit "A•; and WHEREAS the parties to said agreement are desirous of res- cinding the same; and WHEREAS, the City of Englewood and Shirley A. Saunders are desirous of entering into a new agreement upon exactly the aame terms and provisions aa Exhibit "A". NOW THEREFORE, the parties do hereby rescind said Exhibit "A", rendering the aame null and void, and releas i ng each other from all obligations thereunder; FURTHER, the City of Englewood and Shirley A. Saunders do hereby agree to enter into the described new agreement (a copy of which is attached hereto as Exhibit "B") upon approval thereof by City Council. Dated at Englewood, Colorado, this _______ day of November, 1978 . The City of Englewood By: ______________________ _ I· • ·. ' ,, i I • • , • • • - r AGREEMENT FOOD & BEVERAGE CONCESSION FOR ENGLEWOOD MUNICiPAL GOLF COURSE 51-!t/Ut:'(f(. f11 v .N"Pots RtcrN?.?.z> 1/. ~/'luNj)E;/CS ' It Is mutually agreed between ]);J,';/.1> ·,.-S' (c~oJ(' £ SS/1?</ .:> hereinafter deacribed as Concessionaire, and the City of Englewood, that : A. The City of Englewood shall: 1. Provide space in the Englewood Golf Clubhouse located at 4(X)() Sourh Clay, Sheridan Colorado, for a kitchen and dining room. 2. Provide for a sink and sufficient electrical outlets in the kitchen and provide tables and chairs for the dining room. 3. Pay for cost of utilities needed in the operation of the concession. a The Concessionaire shall: 1. Obtain and provide all necessary state and municipal food, restaurant and beverage tax permits and licenses at the Concessionaire's expense. 2. Provide for all equipment, supplies, utens ils, inventory, kitchen work tables and shelving that is required by health authorities and nece ssa ry to operate the concessions. Conce s - sionaire must provide for repair and maintenance of all items mentioned in Item 2. 3. Provide for adequate fire and theft insurance on items listed in Item 2. 4. Keep adequate and proper busine ss records which shall be open for inspection by the City during business hours of any business day. Said bu s iness records and reports to be set up according to th e unifo rm procedures adopted by the City. 5. To account for and deposit all monies due to the City of Englewood as determined In this agreement on an approved de posit schedule as outlined by the City of Englewood. 6. Responsible for keeping the kitchen and lunchroom clean and s anitary at ali times and operate the concessions to meet City and he alth authorities requests. 7. Provide,· but not limited to, at least eight basic desired food and bevera{!e services as listed below. Items from this list can be deleted or increased by mutual consent or the Conces- sionaire and City of Englewo.:xl. a. llamburgers b. Hot dogs c. Soft drinks -2 carbonated and I non -carbonated d. Cold sandwiches e. Coffee and/or hot chocolate f. Salad Bar g. 3. 2 llcer h. Mi scellaneous snacks--potato chips, candy bars, gum, pn:tzc ls b'• ' ·~' "'·a11u1.·, ..cc . • I • • - • • , • • • • -2- 9. Concessionaire shall provide food and services during day and within hours as_ determined by the City of Englewood. This agreement shall extend from the date hereof through january 1, 1980, but may be terminated by either party upon ninety (90) days written notice without penalty. This co«ract may not be assigned by the Concessionaire or any respon- sibility transferred hereunder except by expressed written permission from the City of Englewood. , . £t:'#4.C.l:> #, S:;fV/0/.DF-c-:.; r 5#1r-Ley //. 5A•W~r-.._·s There, 1>M,c'J?r-S ({o&<tr;S..£<CA/S" , known as the food and //•'? beverase Concessionaire agrees to pay to the City of Englewood __ /...;; •C''-'-/_bv_ per cent of the gross income from the gross sale of merchandise derived from the operation of said concessioos. Gross sales is defined as the total income from concession operation less sales tax. Dated st Englewood, Colorado, this ~i:> day of llvEtts T, 1978. COncessionaire ~ ·s...~c:>., .~ ........ ~ • ..o,) City~~~. &ftt{zyewOOJ • • ' '. ~ ·,, 'l • -, I • • ,, • .. L:..- '""\. • • • f .._/.., 1,, J-"g ., ( AGREEMENT FOOD & BEVERAGE CONCESSION FOR ENGLEWOOD MUNYCfPAL GOLF CO URSE It is mutually agreed beCWet;n _ / hereinafter described as Concessionaire, and the City of E nglewood, that: A. The City of Englewood shall: 1. Provide space in the Englewood Golf Clubhouse located at 4000 South Clay, Sheridan Colorado, for a kitchen and dining room. 2. Provide for a sink and sufficient electrical outlets in the kitchen and provide tables and chairs for the dining room. 3. Pay for cost of utilities needed in the operation of the concession. B. The Concessionaire shall: 1. Obtain and provide all necessary state and municipal food, restaurant and beverage tax permits and licenses at the Concessionaire's expense. 2. Provide for all equipment, supplies, utensils, inventory, kitchen work tables and shelving that is required by health authorities and necessary to operate the concessions. Conces- sionaire must provide for repair and maintenance of all items mentioned in Item 2. 3. Provide for adequate fire and theft insurance on items listed in Item 2. 4. Keep adequate and proper bu s iness records which shall be open for inspection by the City during business hours of any business day. Said business records and reports to be set up according to the uniform procedures adopted by the City. 5. To account for and deposit all monies due to the City of Englewood as determined in this agreement on an approved d e po sit sched ule as outlined by the City of E nglewood. 6. Responsible for keeping the kitchen and lunchroom clean and sanitary at all times and operate the concessions to meet City and health authorities requests. 7. Provide, ·but not limited to, at least eight basic desired food and beverage services as listed below. Items from this list can be deleted or increased by mutual consent of the Conces- sionaire a nd City of Englewood, a. llamburgers b. Hot dogs c. 5oft drinks -2 carbonated and 1 non -carwuarcd d . C.tlld sanctwi . t '! · e. c 'fee ami/or h">t ~"l :oc CJ bte • .. ,, :.·.,,. l .,·. .. , ..···: '' ·I 4 \ I .. '\ •' I • • • • • . .. n .. • .. ;,:.-... '~ .~ .. ,. .•. }·.. ·.;' :._"': ..... ,. ,._~ -· .. --... _-.. -... -·, ( -2- 9. Concessionaire shall provide food and services during day and within hours as determined by the City of Englewood. This agreement shall extend from the date hereof through january 1, 1980, but may be terminated by either party upon ninety (90) days written notice without penalty. This contract may not be assigned by the Concessionaire or any respon- sibility transferred hereunder except by expressed written permission from the City of Englewood There, S:H1f?I..GY f1 .\llwNQ.:'a.l t,.nownasthefoodand beverage Concessionaire agrees to pay to the City of Englewood / C,. '7 o per cent of the gross income from the gross sale of merchandise derived !rom the o~ration of said concessions. Gross sales is defined as the total income from concession operation less sales tax. Dated at Englewood, Colorado, this __ ...,, .loll ---=day of ;'V..., > S 1978. "-~:·104.~0.. ':. .. '' ... & 0.0 COncess1onai • • ., '· , ~l .• •• .,. . -· r ~ . ,; ... ~ .. , . ·-. - I . - t • • • • INTRODUCE D AS A BILL BY COUNCILMAN ~ A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CIT Y OF EN GL EWOO D, t :OLORAD O , FOR THE FISCAL YEAR 1979 . WHEREAS, pursuant to th e p rov~s~ons of Part I o r An i.e le X o f the Ch a rter of the City of Englewoo d, Co lo r ado , a d o pt ··d b y the v oters on July 8 , 1958, a budget for the fis ca l year I'!7'J was duly submitted by the City Manag er to the City Council on ~;,•p tember 15, 197 8 ; and WHEREAS, a public hearin g on the said budget W<J :-. IJ,•]d by the City Council within thre e weeks afte r its submission .11 Lhe meet ing of the City Council on September 25, 1978, reguLl J" JH>L iCl' of th e time a nd pla ce of s aid he ari n g having b ee n publis h ,, within seven days af ter submis sion o f the budge t, in the ma nn er ·~~·.,v id L•d i n the Charter for the publ ica tion of Ordinanc e; and WHE~E AS, the CitJ Coun cil adopted Resol ut io n No . Ser ies o f 19 78, on the . ol_O~ day of -Af~ . I '17~, said ~e s ol ution ame nding th e 1979 b ud get . NOW, THEREFORE, )j £ IT ORDAINED BY THE ClTY COU Nr: 1 1. OF THE CITY OF ENG LEWOOD , COLORADO , as follows : Section 1. ·~-------- That the budget o f t he City o f Engl e wood , Coloi-.J,Jll , for t h e fi scal yea r 1979, as submitt ed by t:he City Ma n ager an d du ly considered by the Ci t y Counc il aft<'r public h earing a n d <.11 ::.·:1 d ·d l ·y Resolutio n No . ~ / , Serj es of 1978, be a n d hen:l>y j ~ "''' 1 r .. ,! ... the budget f or th e City o f En g lewood for the f i s ea 1 year I '' ''-'. Section 2 . ---~------- That the ~aid bu dget a~ ~ll l h:n<k d <Jnd <Je<.:epLeJ sil .. r I l>e a public r ecord in the Of fice o f the l.i t y Clerk and shc:ll l : • •>p('rl to public inspection. S u fficient copies tbereof shall b(' ill •d v available for the u se of th e City Council a nd the public , r 1 •t· number o f c o pi e s to be d etermi ned h y Lh·· l.i t·y M;Jn;r~,.r. Introduced, r e ad in full, and pas s d <It Lirst r•·,,iin !j on the 4~ day of~ , 1978 . • I • - { • • • • • -2 - ~~ •• ~~?~i~hed as a bill for an ordinance on the ~ay of(/~~-, 1978. Mayor ATTEST: I William D. James, ex o ffici o City Clerk-Tre ~su rer , Jo hereby certify that the above and foregoing is a true, ac cu rHte anJ comp le te copy of the bi~_A.v o_:r_~ an,,_. oora dlinnCjance, pa ssed on fir !;t readin1; on the d[Qt:Js day of ~U~. 1978. ex officio Ci ty Cle r k -T r ea >a: 1·<·:· I • - •' { ' t • • • • IN TRODUC ED AS A BILL BY COUNCILMAN Clay ton ------------------ A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNI CIPAL PURPO SES IN THE CITY OF ENGLEWOOD , COLORADO, IN THE FISCAL YEAR BEGIN NIN G JANUARY l, 1979 AND ENDING DECEMBER 3 1, 1979, CONSTITUTI NG \.J HJ\T IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEA R 19 79 . NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO, as f ol lows : Sec tion 1. ------ That there be and ther e i s h e r e by appropriated from t h e r e venue deriving from taxation in th e City o f Engl e wood , Colo ra d o , f rom c ollection of licenses fees a nd f r om all ot her so urc e s or r e - venu e during the year beginning J a nu a r y l , 197 9 a nd e nd i n 1 ~ i)(•ce mb e r 3 1, 19 79 , the amounts hereina f ter s e t f o rth for t h e objec c .11 1d put-- pos e specified and set opposit e t he r eto , sp e c ifi ca l l y as follows; t o wi t : Leg i s l a t io n a nd Coun c Ll Mun i c i pal Court Ad mi n i stration Pub lic Works Fire Polic e Community Development Libra ry Parks and Re creation Total Gen e r al F und Con struct i on o f majo r c a pita l pro j ects Wat e r Ent e rpr i~e Fun~ Total Wat e r Enterpris e Fund S e we r Ent e rpr i s e Fund $ 2 9 0. 'I ')J 16 ~. /'J I 96 .', . 'JJ L 1 ,9 3 1,073 2,0 4 J,J J/ 2 ' 5 5 6 . 7/1 /I l•0 4 .J :!8 34 9,3:l 4 --L .??4 . Kl ]_ $ 1 0 ,28 7,:~0 0 ·:---'<..-:-_::; $ 8 , 4 8 I , :~ ll• ((I Total Sewer Enterprise Fund $ 4 • 2 5 2 _. ~-~ ~ • I • l • • • • • - 2 - Golf Course Fund Total Golf Course Fund $ 150,641 GRAND TOTAL $ 25,427,133 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated, but shall not be construed to be appropriations to line items within any group, even though such line items may be set forth as the adopted budget for the fiscal year 1979. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1979, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1979. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1979 may be so dis- tributed among the respective funds herein as the City Council may d e em best under such control as is provided by law. During or at the close of the fiscal year o[ 1978, any surplus money in any of the respective funds, after all claims for 1978 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed at first reading on the 20th day of November , 1978. Published a s a bill for an ordinanc e on the __ 2~nd day o f '~ovember 1978. Hay or _____ ---·-·----- ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer, of th7 Ci~y of Englewood, do hereby certify that the above and forc- go~ng ~s a true, accurate and complete copy of the bill for an ordinance, passed on first reading of the 20th day of November , 1978. ----·--- ex officio City Clerk ~Trea s urer • I • • (( • • • • INTODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING ClmPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 2 , Title XIV, of the '69 E.M.C. is hereby amended b y adding a new Section 6 to read as follows: Section 2. 14-2-6 PARKING OF MOTOR VEHICLES IN PRIVATE PARKING LOTS Where private property, or portion thereof, is devoted to the purpose of parking motor vehicles, and where the owner, or other authorized person, has established parking restrictions on said property, which restrictions are prominently posted so as to give notice thereof, it shall be unlawful for any person to park or to stand a vehicle, whether occupied or not, in violation of the parking restrictions so posted. The City Council finds and determines that the above section was inadvertently omitted from Ordinance No. 24, Series of 1978, adopting the 1977 Model Traffic Code for Colorado Municipalities and finds that an emergency exists and that the passage of this Ordinance is necessary for the immediate preservation of the health, peace and safety and declares that this Ordinance shall take effect upon publication following final passage. ~ Introduced, read in full and passed on first reading on the ~d ay of November, 1978. • I • • (( • • • • Published as a Bill for an Ordinan ce on the ~ay of November, 1978. Mayor AT TES T : ex of ficio C~ty Clerk -Treasurer I, WLll iam D. James, do hereby certify that the above and fore go~ng i s a tru~. accurate and compl te copy of a Bill for an Ordi nan~~~J ntr oduce d, read in f ull and passed on firs reading on the~day of November, 1978 . ex officio City Clerk-Treasure r -2 - • I • ({ • • • • A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehensive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinance shall be considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classifica- tion, the City Planning and Zoning Commission held Public Hearings which concluded on November 14, 1978 to zone said newly annexed parcel to I-1, Light Ind~strial; and WHEREAS, the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorab le recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a Public Hearing was held before the City Council December 11, 1978 to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice ju stify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of land, to I-1, Light Industrial: 4535 S. Santa Fe -Zoning • I • • ,• ({ • • • • That part of the Southeast l /4 , Northwest l /4 ,S ection 9, Town- ship 5 South, Range 68 West o f the 6th Principal Merid ian, Arapahoe County, Colorado, described as follows: Oe g innin~ at the Northwest Corner of the South l /2 of the Nor th west l /4, Section 9 ; Thence South 89°54' East a dista nce o r 2 176,45 feet; thence South 0 °06' West a distance of 42 feet to a po int ; thence South 11 °27' West 235 ,27 feet more o r less to the True Point of Beginning; thence North 36°12' West a di s t:~nce of 4g6,9 feet ; thence South 10°47' West a distance o f 1~2.94 feet to a point on the City of Englewood City limits line ; thence South 84 °59' East along the City Limits line a dis t ance of 508.19 feet more or less to the Westerly right-of-w:~y of South Santa Fe Drive ; thence South 56 ° East a distance of 313,96 feet more or less along the City Limits line to a point 30 feet south of the north line of West Tufts Avenue; thence Easterly and leaving the City Limits line a distance of 47 ,46 feet more or less to the extended centerline of South Windermere Street; thence North 11 °27' East along the centerline of South Windermere Street a distance of 219.71 feet more or less to a point on the City of Englewood City limits line; thence Westerly 30 .ul feet more or less along said City Limits line to the Westerly right- of-way of South Windermere Street ; thence North ll u27' East along said City Limits line a distance of 451,03 feet more or less to a point on the North line of the South l /2 Northwest l /4 Section 9, Township 5 South, Range 68 West; thence North 89 °54 ' West along said line also being the City Limits line 204.06 feet more or less to the Easterly right-of-way of South Santa Fe Drive; thence leaving the City Limits Line South ll a27' West along the Easterly line of South Santa Fe Drive a distance of 291.85 feet to a point thence North 86°12' West a distance of 125.88 feet more or less to the true point of beginning. Section 2. The Official Zoning Map of the City of Englewood, Colorado, is hereby amended accordingly. ~ Introduced, read in full and passed on first reading on theO(.@ day of November, 19 78. Published as a Bi ll for an Ordinance on th~ay of November, 1978. ATTEST: Mayor ex officio city Clerk-Treasurer -2- • I • (( • • • • ::f•. I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinan~ntroduce~ad i~ful) and passed on first readi ng on the day of ~~ , 1978. ex officio C~ty Clerk-Treasurer -3- • , I • - c ( • • • - INTRO DUCE D AS A BILL BY COUN CILHAN ~ ~ ----------=-------------------- A BILL FOR AN ORDINANCE ZONING A NE\VLY ANNEXED P AR CEL OF LAND TO THE CITY OF ENGLEI~OOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO R-1-C, SI NGLE -FAMILY RESIDENTIAL. WHEREAS, the prop erty described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehensive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehen sive Zoni n g Ord inance sh a ll be cons i dered to be without z o n e classifi ca tion; an d WHEREA S , said pa r cel o f l and , bei ng Hi t ho u t z o ne c la s s i fi cat i o n , t h e Ci ty Pl ann1ng a n d Zon i ng Com:n i ssion he l d Pu bli c Hea r i n gs whi c h c o n c luded o n November 14 , 1 978 t o zone s a id n e ~l y annexed parc el to R-1-C , S i n gle -Fa mi l y Re sid en i a l; a nd WHEREAS, the Planning a n d Zoning Comm ission ha s conside red t h e proposed amendment and map ch a nge , and ha s su b mitted its favorable recommendation to the City Counci l therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance a Public Hearing was held before the City Council December 11, 1978 to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of land, to R-1-C, Single-Family Residential: 4635 S. Mariposa Dr. -Zoning I • • ( • • • • Beginning at the Northwest corner of Plot 13, Bell Isle Gardens, Arapahoe County, Colorado; thence South 12°55' East a distance of 165.74 feet to the true point of beginning; thence continuing South 12°55' ·East for a distance of 100 feet more or less t~·a point on the City Limits of Englewood, Colorado; thence leaving the City Limits of Englewood, Colorado, North 89°47' East a distance of 154 feet more or less to a point on the City Limits of Englewood; thence North 12°55' West along said City Limits of Englewood a distance of 100 feet more or less; thence South 89°47' West and leaving the City Limits of Englewood a dist-ance of 154 feet more or less to the true point of beginning; said tract of land containing .353 acres more or less. Section 2. The Official Zoning Map of the c i ty of Eng lewood, Colorado, her e ~y is ancn ded a ccordingly . ~I, ~ro ~uc e~~full and passed o n f ir st r e ading on he ~ r.y o... ~ , 1 9 7 8 . ~ ~u blisl;ed a ~ a Bill for an Ord in an ce on the ~~ay of ~ ,1 978 . 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~ , 1978. -·~~--~officio City Clerk-Treasurer -2- • I • ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN ____ ~~~~~~~~~~~--------- A BILL FOR AN ORDINANCE ANNEXING .353 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on October 16, 1978, the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council find s that not less than one- sixth of the perimeter of the area propos ed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed by the owners of 100% of the prope rty proposed to be annexed exclusive of streets and alleys; and WHEREAS, the City Council finds that a community of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capabl e of being integrated with the said City of Englewood; and WHEREAS, the City Council finds that the pro p osed annexation complies with all of the applicable provisio ns of the Colorado Municipal Annexation Act of 19 6 5, as amended; and WHEREAS, the City Council finds and determines that it is not necessary to impose terms and conditions for annexation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended , and the same is hereby annexed and made a part of the City of Englewood, Colorado, to wit: 4635 S. Mariposa Dr. -Annexing • I • ( ({ • • • • Beginning at the Northwest corner of Plot 13, Bell Isle Gardens, Arapahoe County, Colorado; thence South 12°55• East a distance of 165.74 feet to the true point of beginning; thence continuing South 12°55' East for a distance of 100 feet more or less to a point on the City Limits of Englewood, Colorado; thence leaving the City Limits of Englewood, Colorado, North 89°47' East a distance of 154 feet more or less to a point on the City Limits of Englewood; thence North 12°55' West along said City Limits of Englewood a distance of 100 feet more or less; thence South 89°47' West and leaving the City Limits of Englewood a distance of 154 feet more or less to the true point of beginning; said tract of land containing .353 acres more or less. Section 2. This Ordinance shall take effect thirty (3 0) day s afte r publication follow ing final passage. 4 ~1 Introduced~;=ead in full and passed on first reading on the~day of N~ , 1978 • • Published as a Bill for an Ord i nance on t he ~~ay of ~ ,1978. Mayor ATTEST: ex o ff1 c1o C1ty Clerk -T r eas ure r -2- • I • • ( ( • • • - INTRODUCED AS A BILL BY COUNCILMAN ___ ~~~~~~~~~)~----------- A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO R-1-C, SINGLE-FAMILY RESIDENTIAL. WHEREAS, the property described herein was annexed to the City of Englewood by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Com p r e hensive zoning Ordinance, any area of land annexed to the City afte r the effective date of said comprehensive Zoning Ordinance sha ll b e considered to be without zone classification; and WHEREAS, said parcel of land, being without zone c lass if i- cation, the City Planning and zoning Commission held Public Hearings which concluded on October 24, 1978 to zone said newl y annexed parcel to R-1-C, Single-Family Residential; and WHEREAS, the Planning and zoning Commission has cons i d e r e d the proposed amendment and map change and has submitted its favor- able recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a Public Hearing was held before the City Council December 11, 1978 to zone said newly annexed parce l of land according to the above classification; and WHEREAS, public necessity, convenience, health, saf e ty, the general welfare and good zoning practice justify the proposed a me ndme nt to the said Official zoning Map, as h e r ei n after set fort h . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF T HE CITY OF ENGLEWOOD, COLORADO, as follows: Sect ion 1. The following described property shall be zone d f r o m a n unzo n ed classification, as a newly annexed parcel of lan d, t o R-1-C, Single-Family Residential: 469 1 S. Mari posa Dr. -Zoni ng I • • - 0 ( • • • • "Beginning at the Northwest corner of Plot 13, Bell Isle Gardens, Arapahoe County, Colorado. Thence South 12°55' East a distance of 579.14 feet to the true point of beginning, said true point of beginning also being a point on the City Limits line of Englewood, Colorado; thence continuing South 12 °55' East along said City Liaits of Englewood, Colorado, a distance of 275 feet to the southernmost corner of Plot 13, Bell Isle Gardens; thence North 08°05' East along the City Limits of Englewood a distance of 271 feet more or less; thence South 89°47' West and parallel with the northern line of Plot 13, a distance of 99.6 feet more or less to the true point of be- ginning; said tract of land containing .307 acres more or less." Section 2. The Official Zoning Map of the City of Englewood, Colorado, hereby is amended accordingly. ~L Introduced, read in full and passed on first reading on the~day of November, 1978. Published as a Bill for an Ordinance on the~~lday of November, 1978. Mayor ATTEST: ex off~c~o 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 theo!O"Ch day of November, 1978. ex officio City Clerk-Treasurer -2- • I • - ( • • • • INTRODUCED AS A BILL BY COUNCILMAN __ ~~~~~~~~=------------- A BILL FOR AN ORDINANCE ANNEXING .307 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on September 5, 1978, the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council finds that not less than one- sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed by the owners of 100% of the property proposed to be annexed, exclusive of streets and alleys; and WHEREAS, the City Council finds that a community of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capable of being integrated with the said City of Englewood; and WHEREAS, the City Council finds that the proposed annexa- tion complies with all of the applicable provisions of the Colorado Municipal Annexation Act of 1965, as amended; and WHEREAS, the City Council finds and determines that it is not necessary to impose terms and conditions for annexation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado, to wit: 4691 S. Mariposa Dr. -Annexing • I . ( • • • • "Beginning at the Northwest corner of Plot 13, Bell Isle Gardens, Arapahoe County, Colorado. Thence South 12°55' East a distance of 579.14 feet to the true point of beginning, said true point of beginning also being a point on the City Limits line of Englewood, Colorado; thence continuing South 12 °55' East along said City Limits of Englewood, Colorado, a distance of 275 feet to the southernmost corner of Plot 13, Bell Isle Gardens; thence North 08°05' East along the City Limits of Englewood a distance of 271 feet more or less; thence South 89°47' West and parallel with the northern line of Plot 13, a distance of 99.6 feet aore or less to the true point of be- ginning; said tract of land containing .307 acres more or less." Section 2. This Ordinance shall take effect thirty (30) days after publication following final passage. Iqtroduced, read in full and passed on first reading on th~day of November, 1978. Published as a Bill for an Ordinance on the4~~ay of November, 1978. 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 theq(O~ day of November, 1978. -2- • I • • • I • • • • _!! f ~ .Q ~ !! ! .! .Q ~ NO . ---SERIES OF 1 97 8 A RESOLUTION AUTHOR IZING THE ESTABLISHM ENT OF AN ESCROW ACCOU NT IN ~O N NECTI O N WITH T H E PA YMENT AND RED EMP T I ON OF GENERAL OBLIG ATION HOU SING REF UNDI NG BO NDS, DATED AUG UST 1, 1 9 7 6, OF THE CITY OF ENGLEWOOD, CO LORADO, AND PROVID ING CERTAIN DETAILS IN CONNEC TI ON THEREW ITH. WHEREA S , on or about February 19, 1976, the City o f Englewo od, Colorado, issued and delive r ed its Ge neral Obligation Housing Bo nds , Series 1976, in the principal a mount of $2,22 5 ,000, dat ed February 1, 1976, for the purpose of constructing and equipping a 7 story, 104 unit a;:>artment building, which haa be e n leased to low income elderly tenants; and WHEREAS, such issue of bonds has been refunde d, by the iss uan ce of Gener al Obligation Housi~g Refunding Bonds, dated August 1, 1976, in the princi pa l amount of $2,112,00 0 , of which there is p re se ntly outstandi ng the amount of $2,022,000 ; and WHEREA S, by Ordinance No. ~ Series 1978, finally passed and adopted on Nove mber 20, 1978, the City has authorized the sale and conveyance o f the housing project to the Housing Authorit y o f the City of En g lewood, Colorado; and WHE REAS, th e purchase pr i ce established by said Or- dinance shall b e an amount eq ual to the principal amount of bonds, dated August 1, 1976, o u tstanding as o f December 1, 1978 ($2 ,022,000 ); and WHEREAS, the proceeds der i ve d fr om t he sale of the housi n g proj ect to the Authority shall be placed in a special fund and tru s t ac count , to be established as auth o rized herein, for the purpos e of paying and redeeming the General Oblig ation Ho us ing Refund i ng Bonds , dated August 1, 19 7 6, (the "Outstanding Bond s ") as to principal an d interest as they severally become due and paya ble, or on the pr ior redemption date, all as more p ar ticularly se t f o r t h h erein: BE IT RESO LVED BY TH E CITY COUN CIL OF THE CITY 01' ENGLEWOOD, COLORAD O : Sect ion 1. T hat the p roce e ds from th e sale of t he h o using project by the City , b ei ng the am ou nt of not less than $2,022,000, shall be d eposite d b y t h e City in a special fund and s e par ate trust acc o unt, d e signa t ed as th e "General Obligation Ho u s ing Re funding Bo nd Escr ow Ac co u nt, 1978• (the "Escrow Ac- count•) to be established and ma int a i ned at The Firs t National Bank of Eng l ewood , in Eng lewood, Co lorad o, (the "Bank") f or the purpose of paying and r e de emi ng th e Outstanding Bonds of the City des cr i bed above. -1 - I • • 0 • • • • 2. Th a t t he a mou nt on d e po sit i n the Es c row Acco un t , wh e n in ve sted by t he Bank, shall a t a ll t ime s be at lea s t suf- ficient to p ay t he in t e r est on, p r i n c ipal o f, and redempti o n premium, if any, of the Ou tstand i ng Bo nd s, und e r a nd in ac c ordance with the following sche d u le: (A) Th e Outstanding Bonds, numbered and maturing as f o llows , s ha l l b e pa i d and retired at their r espective maturity da te s according to their original terms: Bonds Maturing Bond s Numbered 1979 to 198 7 , incl. 19 to 1 45, incl. (B) Th e Outs t anding Bonds, numbe red and JUturi ng as follows, s ha ll be call e d for red e mp tion o n De c ember 1, 1987, (the "Prior Redemption Dat e ") at a p r i ce o f par, a ccru ed intereat and a premium of l/2 of l' of the principal amount so redee11111d: Bonds Maturi ng Bo nds Numbered 1988 to 1998, i ncl. 146 t o 424, in c l. (C) Interest o n the Outs t anding Bonds which matures in the y ears 1979 and th e reafter s hall be paid semi- a nnually each year on the proper interest payment dates according to their o riginal terms, until said bonds mat ure or ar e called for prior redempti o n, whicheve = is e arlier. 3. That the Bank shall invest the funds on deposit in the Escro w Account in non-callable fe deral ~ecurit i es ONL Y, and shall fully secure any ca s h balance in said Es crow Account in the manner required by law for other trust fun d s. 4. That, if for any reaso n, at an y time, the f u nds on hand in such Escrow Account shall be ins u fficient to meet s uch paym e n t s, as the same shall be abou t to beco me due a nd payable, the C ity shall forthwith deposit in the Escro w Account such addi t ional fund s as may be requi red full y t o meet the amount about to become due and p a yable. 5. Th a t t he Bank sh all fr om time to t i me red e em at maturit y all o r a port ion of the non-ca ll able federal s e curit i es i n said Es c r o w Accou n t, i n suf f i c i ent amo unts so t ha t the procee ds t herefr om and th e i n t ere st the reon a s th e same accru e s, wil l be suf f icient to me et the intere st requi reme nts o n the Outstanding Bo nds a s s uch i n ter es t a c cru es and to pa y the Outst an d ing Bonds at the ir r e s pective mat u r it y da tes or o n th e Prior Redem pt ion Date, accord i n g to the schedul e s e t forth abo ve , and a s set fo rth in Exhi bit "I" o f th e Es c r o w Agre em ent. - 2 - • I • I t • • • • 6. Th at the Mayor a nd Director o f Fi n ance are he r eby a u t ho rized and di rect ed to t a ke a ll neces sary or appropriate action toward t he e xec u tion of a proper EScrow Agr e ement wi t h the Bank c o nce r ning the d eposits in, inve stme nt s of and disb ursements f rom sai d Escrow Acco un t , and such other agreements as may be necess ary o r desirab le to ef fectuate t h e p:-ovisions of this F.e sol ut i on and comply w i th the r e qu irements of law. Th e Escrow Agre e ment shall be in substantia lly the f orm her e t o attached as Exhibit •A", and the s ame is incorpor at ed herein by specific reference. 7. That th e Director of Finan ce is hereby author- ized to give noti ce of prior redemption of th e Outs tanding Banda. Unless additi on al and more extens iv e not ice i s required by lav, the noti ce sh all be given by pu b l1ca t i on i n som e newspaper of gener a l c irculati o n published i n the City. The notice shall be publ1shed one time , on or about the date on which the hou s ing pro ject is sold and conv e yed to the Aut hority, and again on or about thirty days prior to th e Prior Redemption Date of the Oustand ing Bonds. 8. That in addition to t he published notice referred to above, noti c e of such p r ior redemption shall be sent b y certified mail t o the following, at th e last k nown addre s s thereof: (1) The First National Ban k of Eng l e wood Englewood, Colorado (2) Hanifen , Imhoff & Samford, Inc . Den v e r, Colo rado (3) De nv er Co nsolidated Bond Ca ll Denver , Colorado 9 . That the o ffi cers a nd members of the Ci ty Cou ncil of the Ci t y_are hereby authorized and direc t ed t o take any and all acti o ns nece s s ary or appr opri ate to effectuate the prov isions of this Resoluti o n, including, but no t be ing limite d to, the exe- cution of such certifica tes a nd aff i davits as may reasonably be requ i red . 10. That if any one or more s e ctions or parts o f t hi s Resolutio n s hall be adjudged un e nf orcea b le or invalid , such judgment sh all not affect, impa i r or inval id ate the re maini ng provis ions of th is Reso lu t ion, i t be ing t h e i nt ention that the variou s provisions hereof are sever ab le. ADOPTED AN D AP PR OVE D Thls 5th day of De cember, 1 978. ( S E A L ) t-ta yor ATTEST: Di re cto r o f Fin a nce - 3 - • I • • I . ) \ • • • - DATED as of the 1st day o f December, 1978, and actually executed on the ____ day of , 1978, made by and between the Cit y of En glewood, in the Co unty of Arapahoe and State of Colorado , a City duly organ ized under the Const i tution and Laws of the State of Colorado, and a Home Rule Charter (the "City •), end The First National Bank of Englewood, a commercial bank duly o rganized and existing under the Laws of the State of ColoracJo, being a member of the Fede ra l Depo sit Insurance Corpo r ation, having fu ll and complete trust powers, and having an office an4 place of business in Englewood, Colorado, {th e •sank•). WITNESSET H: WH ERE AS , the City has p r ev iou sly au tho rized and issu ed, among others of i ts issues of bonds, a total of $2,112,000 of General Obligation Rousing Refun ding Bonds, dated August 1, 1976, (the "Bonds") of which there now remain outstanding the amount of $2,022,000, matur inq in various amo un t s on December 1 in each of the years 1979 to 1998, i nclusive: and WHE RE AS, those bonds maturi ng on or be f ore Decem ber 1, 1985 are not redeema bl e prio r to the i r respe ctive maturity dates: those bonds maturing on or after Decem ber 1, 1 9 8 6 are redeemable at the option of the City on Decembe r 1, 1985, and on any interest pa ymen t dat e thereafter, in inverse numerical o rder, upon payment of par, accrued interest and a premium of 1 /2 of 1\ of the prin- c ipa l amount so redeemed; an d WHE REAS, the Bo nds were issued fo r the purpose of refunding and pa y ing a pri or i s su e of bonds of th e City, the proceeds of which were used to constr uct and furnish a 7 story apartment building contain i ng 1 04 unit s, which are lease d t o low income elderly tenants {the •Project"): and WHERE AS, the City Co unc il of the Ci ty has determined by o rdinanc e that the Pr oject sho uld be sold to the Housing Author ity of the City of Engl e wood, Colorado, (t he "Authority"): and WHEREAS , the City Council has further determined b y resolut i on that the proceeds from the sale of the Project 1n the amount o f $2 ,0 22,000 received by the City s ho u ld be depo sited in a s pecial trust acco unt to be c r e ated f o r the p urpos e of paying and redeeming the Bo nds described ab ove : and WHE R EAS said resolu t ion a lso provides that wi th th e am o unt deposited t o th e spe c i a l tru st ac c ount , together w it h any inte rest deri v ed from the in v estment and any temporary -1 - I • • ) • ) ., : .. .. .. ( • • • re i nvestment of su ch proceeds in noncall able d irect obligat ions of, or obligations of which the principal and interest are un- condit i onally guaranteed by the United States of America only, ("federal securities"), the City shall pay in full the princi- pal of, interest on , and prior redemption premium, if any, on the Bonds in the manner and at the times hereinafter set forth, and WHEREAS, if for any reason, at any time the fund• on hand in such spec i al trust a ccou n t shall be insufficient to pay the amount of principal of, interest on, and prior redemption premium, if any, on the Bonds according to the schedule he rein- af te r set forth, the City shall as soon as practicable depo•it therein such additional funds as may be required fully to meet the amount about to become due and payabl e from any fund or funds available therefor: NOW THEREFORE, IT IS AGREED: That in consideration of the mutual covenants herein contained and in consideration of the sum of ($ _____ _ duly paid by or on behalf of the City to the Bank at or before the execution and delivery of this Agreement, the receipt whereof h hereby acknowledged, and in order to secure the payment of the principal of, interest on, and prior redempti on premium, if any, on the Bonds according to the schedule set forth herein, tbe parties hereto mutually undertake, promise and agree for them- selves, their respective representatives, successors and assign•, as follows: Section l. The City shall deposit with the Bank in a special fund and separate trust account, designated as the "City of Englewood, General Obliga ti on Housing Refunding Escrow Ac- count, 1978", (the "Escrow Account•), an amount not less than $2,022,000, being the proceeds of th e pur ch ase price of the Project paid by the Authority to the Ci ty, which amount when invested by the Bank, will be at all times at least sufficient to pay the principal of, interest on, an d prior redemption premium, if any, on the Bonds to be refunded and paid under and in accor- dance with the f ollowing schedule: (A) B:>nds numbered and maturing as follows , shall b e paid and ret ired at their respective maturity dates according to their original terms: (all numbers i nclusive) Bonds Maturing Bonds Numbered 1979 to 1987, incl. 19 to 145, incl. -2 - • I • • f . . ~ • t .. .:" • .i 1 i • ; f., I I • • • ,. (B) Bonds numbe red and mat uring as foll ows, shall be ca lled for redempt ion on Dece mber 1, 1987, (the "Prior Redem p tion Dat e") and the C i ty sh all pay p ar, accrued intere st and a premium of 1 /2 of U of the principal amount of t h e Bonda so called for redemption: (all numbe rs inclusive) Bond Maturing Bonds Num bered 1988 to 19 98 , incl. 146 to 424, incl. (C) I nterest on the Bonds whi c h matures in the y ears 1979 and thereafter shall be pa i d semiannually each yea r , on the proper interest payment dates a ccording t o their or igi nal terms, or until the Prior Redemption Date, wh ichever i s earlier. At the time of a ctual execution o f this Agreement, the Bank shall imm ediatel y invest the fu nds on deposit in the Escrow Account in the noncallable federal securities listed in Exh i bit "I" attached hereto and made a part hereof, and shall fu lly secure any cash balance i n s aid account in the manner aet forth in Se ctions 3 and 6 of this Agreement. Sect ion 2. If, for any reason, at any time the fund a on hand in such Escrow Account sha ll be insufficient to meet such payments, as the same shall be about t o become due and payable, the Cit y shall as soon as practicab le deposi t in s u ch Escr ow Account suc h additional funds as may be required ful ly to meet the amounts so about to become due and pay able. Notic e of sucb insufficiency shall be given as hereinafter provided, but the Bank shall in no manner be respons ibl e for t h e City's fa i lure to make such deposit. Sect ion 3. The Ba nk sh all ho ld said special deposit, together with the obligat ions herein authorized to be pur chased, a t all times in a special fund and separate trust accou nt, wholly segregated from other funds and securities on depo sit with it: shal l never commingle such deposit nor sa i d securitie s with other funds or securi ti es of the Bank, shal l n ever at any time use, loan or bo rrow the s ame in any way un less said funds are fully secured in the manner required b y law f o r other trust funds, and shall i nvest and reinvest s aid deposit to the fullest extent possible, from time to time onl y in federal securities as herein defined, in such manne r that sufficient fu nd s will b e available to pay the principal of, intere s t on , and pr ior redemption premium, if any, o n the Bonds as t he s a me accrue and become due and payable from time to time a ccording to the schedu l e hereinabove set forth. othinq herein co ntai ned sha ll be construed as requiring the -3 - • I • ) ) :.-. . ·, r• ;,. ~ • t J • l ( I • • .. - the Bank to keep the ident i cal moneys, or any part thereof, receiv ed for t h e City's account on hand,· but moneys of an equal amount, except to the extent such are represented by said fed- eral securities, must always be maintained o n h and as funds held by the Bank as trustee belong i ng to the City, and a special account thereof, evidencing such fact, shall at all times be maintained on the books of the Bank together with such securi- ties so purchased. Section 4. The Ba nk shall from time to time redeem et maturity all or any portion of the federal securities in said Escrow Account, according to the schedules of maturities set forth in Exhibit •t•, without notice to the City, in sufficient amount a so that the proceeds therefrom and the interest thereon as the same a ccrues, will be sufficient to pay the interest requirement• on the Bonds as such interest accrues and t o pay or redeem said Bonds at their · respective maturities or on the Prior Redemption Date, according to the schedule hereinabove set forth. Section 5. The Bank shall maintain said Es crow Account until the dat e on which all of said Bond s have been fully paid, as to all principal, interest and prior redemption premium, if any, or until the lat day of January 1, 1988, whichever is the earlier date, whereupon the Bank s hall redeem any of such obligations remaining in said Escrow Account and shall remit to the City all moneys, if any, then remaining in said Escrow Account; provided, that before s u ch remittance is made to the City, sufficient funds must have b een deposited with the Pay ing Agent to pay the prin- cipal of, acc rued interest on and prior redemption premium, if any, on all of the Bonds which remain unpaid on such date. Section 6. The Ba nk shall continuously secure the moneya in said Escrow Account not so invested, if any, by noncallable federal securities only, in an amount at all times at least equal to t he total unexpended amoun t of sa i d moneys. Section 7 . The Bank shall not be liable or responsible for any loss resulting from any investment made pursuant to thia Es crow Agreement and in full compliance wi th the provision• hereof. Sect ion 8. In th e eve n t of the Bank's failure to account f o r any f unds o r s ecur it ies re c eived b y i t f or the Ci ty 's accou nt , the said funds and ob lig ations s h all be a nd remain the pro perty of the City, a n d if for a ny re a s on such funds or securi- ties cannot be iden t ifi ed, a ll other assets of the Bank shall be impress e d with a trust f or the am o un t there o f and the City shall -4 - • I • ... ( .. •1 ' • • • - be entitled to the pre fer r e d cla im upon such a ssets enjoyed by a trust b eneficiary. The fu nds received by the Bank s hall not be considered as a bank i ng deposit by the City and the Bank shall have no right or title with respect thereto. The funds so 're- ceived by the Bank as escrow a g e nt and trustee shall not be subject to checks drawn or withdrawals made by the City. Section 9. The Bank shall forward or transfer to the Paying Agent for the Bonds, for deposit in a separate fund and trust account, sums which shall be sufficient for the payment of i nt e rest and princi pal becoming due on each pr i ncipal and interest payme nt date or the Pr ior Redemption Date. The am ount so for- warded or transferred shall be in sufficient time to perait such payment on each principal and interest payment data, or Prior Redempt i on Date, without default, and, if possible, said amounts shall be forwarded by the Bank to the Paying Agent not leas than five da ys before the next interest or principal payment date, or Prior Redemption Date. Such forwarding shall be the duty of the Bank and such payment ahall be the duty of the Pa ying Agent . It shall not be necessary for the City to taka any affirmative action whatsoever as a condition precedent to the duty of the Bank to forward or transfer such funds to the Paying Agent at the neces- sary times. The Bonds and the interest thereon, are payable at The Pirst National Bank of Englewood, Englewood, Colorado, referred to herein as the "Paying Agent•. Section 10 . Not less than sixty, nor more than ninety days prior to the Prior Redemption Date, the Bank shall notify the Director of Finance and the Paying Agent for the issue of Bonds, by registered, first class Unit e d States Hail, postage prepaid, of the Prior Redemption Date and of the necessity of . giving notice of such prior redemption, in accordance with applicable Statute s of the State of Colorado and the Resolution aut horiz i ng the c reation of th e Escrow Account. Section 11. The Bank shall immediately notify the City by registered, first class United States mail, postage prepaid, if and whenever, for any reason, the funds o n hand in such Escrow Account, plus the securities therein and interest on s aid securities, as the s ame mature or accrue, will be insuff i- cient to pay the principal of, inte rest on, and prior redemption premium, if any , on the Bonds a s the same become due and payable. Sect i on 12. The Bank, during the month of January of each calendar year, com mencing in the y ear 1980, so long as s aid Escrow Account is mainta ined , sha ll forward by letter to the Direc t or of Finance of the City, a statement in detail of the income , investments, redemptions, and transfers of money• from the Escrow Account fo r the immediately preceding fiscal - 5 - • I • • - -, ... .-. . - • .. ( . , I • • • year, which, for the purpose of this Agreement, shall be the calendar year beginning the first day of January and ending on tbe last day of December, including in said letter a statement, as of the end of the immediately preceding year, regarding the man ne r in which it has carried out the requirements of thia Agreement. In add ition , the City shall have the right, at any time, to examine all the Bank's records regarding the status of said Refunding Escrow Account and the details of said income, investments, redemptions and transfers. Section 13. The Bank shall be under no obligation to inquire into or be in any way responsible for the performance or non-performance by the City or any Paying Agent of any of the City's or Paying Agent 's obligations, or to protect any of the City's rights under any bond ordinance or any of the City's other contracts with , or franchises or privileges from, any state, county, municipality or other governmental agency or with any corporation or individual, nor shall the Bank be liable for any act done or step taken or omitted by it or any mistake of fact or law or for anything which it may do or refrain from doing, except for its negligence or its default in the performance of any obligations imposed upon it hereunder. The Bank shall not be responsible in any manner whatsoever for the recitals or state- ments contained herein , or in the outstanding or proposed bonds or any proceedings taken in connection therewith, but they are made solely by the City . Section 14. Time shall be of the essence in the per- formance of obligations from time to time imposed upon the Bank b)! this Agreement. IN WITNESS WHEREOF, the City of Englewood, Arapahoe County, Colorado, a City duly organized and operating under the Laws of the State of Colorado , and a Home Rule Charter, has caused this Agreement to be signed in its corporate name by the Ma yo r of the City , attested by the Director of Finance, ex-officio City Clerk and Treasurer, and sealed with its corporate seal, and ---------------• Colorado, has caused this Agreement to be signe d i n i ts corporate name by its President, or--------------- - 6 - • I • • I .. \ • t f I I I • • • sealed with its corporate seal, and attested by ------------------all as of the day and year first above written. ( S E A L ) ATTEST: Director of Finance, exofficio City Clerk and Treasurer (CORPORATE SEAL) ATTEST: By ______________________ _ Title. ______________________ __ - 7 - • CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO By---------.~~----------Mayor By -------------------------Title ________________________ __ --------- I . ;· ,• . ' .. ! • ( ' . ... • • - STATE OF COLORADO COUNTY OF ARAPAHOE ss. CITY OF ENGLEWOOD On this ____ day of December, 1978, before me appeared James L. Taylor, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Englewood, County of Arapahoe and State of Colorado, a City duly organize<! and acting under the Laws of the State of Colorado, and acknow- ledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and further acknowledged that said instrument to be the free act and deed of said City. My commission expires ________________________ _ STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD ss. ( S E A L ) Notary Public The forego i ng instrument was acknowledged before me this ____ day of December, 1978, by and as and respectively, of The First Ka ; t ional Bank of Englewood, Englewood, Colorado: and being f irat duly sworn by me, they severally acknowledged that they signed the forego i ng document in the ir respective capacities therein set forth, and declared that the statements therein contained are true and correct to the best of their knowledge, information and belief. WITNESS my hand and official seal the day and year above written. ( S E A L ) Notary Public My Commiss io n expires ------- -8 - • I • • ' )" '' ( :' _.J • • • - EXHIBIT "I" (Attach List of Escrow Account Investmen t s and Dates of Maturity) - 9 - • I • • ~. I ( • • • .. • EX HIB I T "II" (Attach Schedu le of Es c row Di sbu rsemen ts and Exact Dollar Amounts to be forwarded to the Pay ing Ag ent and Dates for Forwarding) -10 - • , I . 1- ,. CITY COUNCIL MEETING December 5 , 19 7~8~----- • • - Ordinanc e I )'(. 4_. ~. 44, 43 Resolution II ~, y. )4 . ~· 66 • 0 0 0 I • •