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Home My WebLink About1977-10-03 (Regular) Meeting Agenda\ CITY COUNCIL MEETING -October 3, 1977 Regular • • • • • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO October 3 , 1977 The City Council o f the City of Englewood , Arapahoe County , Col o rado met in regular sessi on on October 3 , 1977 at 7 :30 P.M. Mayor Pro Tern Clayton , presiding , called the meeting to orde r. The invocation was given by Mayor Pro Tern Cl ayton. The Pledge of Allegiance was led by Councilman Mann. Mayor Pro Tern Clayton asked for roll call . Upon the call of the roll , the f ollowing were present: Council Members Williams , Sovern , Smith, Mann, Brown , Clayton. Absent: Council Member Taylor . The Mayor Pro Tern declared a quorum present . Als o present were: City Manager Mccown Assistant City Manager Curnes Assistant City Attorney De Witt Fire Chief Hamilton Acting Employee Relations Director Brown Director of Finance/City Clerk James Deputy City Clerk Watkins * * * • * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 12 , 1977 . Councilman Sovern seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Williams, Sovern , Smith , Mann, Brown, Clayton None Council Member Taylor The Mayor Pro Tern declared the mo tion carried. * * * * * * COUNCILMAN BROWN MOVED TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19 , 1977. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: • I • I • Octo er 3 , 1977 Page 2 Ayes: Nays : Absent : • - Council t•'.ember:; Wi1.liwns , dovern , Smith , Mann , Brown , ~:ay on None Cou ncil Member Tayler ., The May o r Pro Tern declare he mr ion carri ed . ****** Pre-scheduled visitors Mrs Marie Kincaid , Jr., 390 E. Jefferson Jr ., Past President o f the Veterans of Forei n Wars Ladies Aux i liary Pnst 322 ; Vivian Os tby, 4265 S . Lipan , Pres i dent o f the Veterans of Forei n Wars Ladies Auxiliary Post 22 ; Alan Rice , 3860 S . Jason, Co nunanding Officer , Pos 322 ; appeared befo re the ouncil and presented the City of Englewood with two new flags. Chief Wil liam Hamilt on ; Captain Edlen Boe , Englewood Fire Depar men and Mrs . Gladys Malgren , President of Tenan ouncil , Simon Center , app · red befo re the ounc i l to accept the flags on behalf of he Ci y , ****** COUNCILMAN SMITH MOVE D THAT THE ITY CO UNC I L DECLARE THE WEEK OF OCTOBER 16 -22 , 1977 , AS THE "NATIO AL BUS INES AND PROFESSIONAL WOMEN 'S WEEK " AND A PROCLAMATION STATING SUCH BE PRESENTED TO THE ENGLEv.'OOD BUSI JES0 AND PROFESSIONAL WOMEN 'S CLUB AN D THE ENGLEWOOD ENTENNIAL BUSINESS Alrn PROFESSIONAL WOMEN 'S CLUB. Co un c ilman Sovern se onded the motion. Upon n call of the roll , the vote resulted as follows : Ayes : Nays: Absent : Council Member s Williams , Sov e rn , Sm ith , Man n , Brown , Clay on No ne Council Member Tay lor The Mayor Pro Tern declared the mo ti o n carried, May or Pro Tern l ayton presen ed the Pr oclamation to Mrs. Jean Bo wn, President and Pauline Barlow, Fir t Vice President of th e Englew ood Bu iness and Professi on al Women 's Club ; and to Jackie ~oore , First Vi ce President and Paula Seigel of the Englewood Centennial Business and Professional Wome n 's Club. The representatives of these two gro ups thanked the Co ncil for th presentation and the privilege wh ich honors their profess i onaJ roup, * * * * * * Mr . Ric hard Edison , 9 70 2 s. Didson , President of the Firefighters Union #17 36 and Mr . Ron McLain , 971 S . Miller Way, Lakew oo d , Director of Public Relations of the Firefi hters Uni o n #17 36 appeared befo re the Council and presented awards to the winners of he fire prevention p os ter contest . Fire Chief Hamilton and Mayor Pro Tern Clayton joined Mr , Edison and Mr , McLain in the presentation of awards. Each winner of each c ategory dis played his or her poster as they were anno unced . The winn ers are Chris Worth , • I • • ( October 3 , 1977 Page 3 • • Kindergarten category; Tam i Picke rel, Primary catego ry; Mik e Kerswil l , Junior High category ; Pa ula Thornhill , Senior High catego ry ; and Katherine Lavine , Adult category. * * * * * * Pre-scheduled visitor Mr . John Littlehorn , 4530 South Broadway , appeare d befo re the Counc i l to appeal a PJanning and Zo ning Co mmission de ci si on conc erning the property in the vicinity o f So uth Lipan and West Quincy. Mr. Littlehorn requested the Council to s et an other p ublic hearing . COUNCILMAN SMI TH MOVED TO POSTP ONE MR . LITTLEHORN 'S REQUEST UNTIL THE NEXT REGULAR CITY COUNCIL MEETING , OCTOBER 17 , 1977 , ALLOWI NG THE COUNCILMEN AN OPPO RTUN ITY TO REVIEW THE PLANNING AND ZONING COMMISSION 'S RECOMMEN DATION AND DETERMINE WHETHER ANOTHER PUBLIC HEARING IS NECESSARY. Cou ncilman Wil l iams seco nded the motion. Upon a call o f the r o ll , the vote resulted as f ollows: Ayes : Nays : Absent : Council Members Williams , So vern , Smith , Mann , Brown , Clay t o n None Cou ncil Member Taylor The May or Pro Tern declare d the moti on carr ied. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USE OF REVENUE SHARING FUNDS AND THE 1978 BUDGET. Co uncilman Br own seconded the motion . Upon a call of he r oll , the vote resulted as follows: Ayes : Nays : Absent : Council Members Williams , So vern , Smith , Mann , Brown , Cl ayton None Co uncil Member Taylor The Mayor Pro Tern declared the motion carried. Director of Finance Bill James ap peared befo re the Council to present the 1978 Budget and proposed uses of revenue sharing funds. Di rector James presented ex.~ibits of the 1978 budget ; primaril y the anticipated revenue s and expenditures for 1978 , the property tax mill l evy and the anticipated General Fund balance for 1978 , c omm enting on pertinent funds and fi gur es. Director J ames stated that the total b udget amounted to $13 ,496 ,000 a nd comp ared t o last year's budget of $14 ,398 ,000 , the 1978 budget is a 6.5% dec r ease. Director J ame s noted t hat t he 1978 budget is a de crease because of the completi on o f the Bi-City Treatment Plant project ; however , the net increase for 1978 is 5 .4% increase when the Bi -City Treatment Plant construction costs are taken out . Director James pointed out that the Cou ncil does not propose a tax increase for 1978 and that the mill levy wi ll remain at 7.00 mills; nor does the Co uncil propose an i ncrease in the sewer fee . Di rector James stated that the water sol ution i s pending. • I • • October 3 , 1977 Page • • - Director o f Fina nc James also pr<>:ien•ed the proposed uses for revenue sharing f nds for 1978 which ,r<> $465 ,00 fr s o rm r ainage , $2 ,000 f o r administrative costs ; and :3~ 10 COO fr the lib ary expansion . Director James disc ussed the s ,p, 1,·r ., r al bu get r equests that Co uncil has c o nsidered and note tha1 hr ru,,, tmt or ,,Jlars sho"'Tl in the 1978 budget under anticipated Ge neral F ml b. la Pe would be r educed by approximately $130 ,000 . Director James conclu e d s a te,! 'that C'ou n il ' s main conc ern is that the 1978 expenditures exceed he 1978 r even es wh ich c rea es an undes irable situation and hat he Council is comtemplatin e s ablishin a citizen tax conunittee and arranging fo r ,perati on al audits f o r inp and possibly alleviating similar sit ations in the fu ure . Mayor Pro Tern Clayton aske i there was a ny one in the a dience wishing to speak on the budget . Ca rl Olson , 2958 S . Lincoln , appear ed before the Co un c il and stated that he o bjected t o Dartmo uth tree being widened east o f Santa Fe . Mr . Olson s t ated that mos t o f Dartmou h Street east of Santa Fe was residential and widening Dartmo u h would produ e heavy and hazardous traffic conditions. Eva Eisenberg , 4955 S , Galapago , appeared befo re the Co uncil a nd inquired as to whether the interse ti on o f Da rtmouth and anta Fe was going to be improved while Dartmouth wa s being wider,ed. Mayor Pro Tern Clayto n respo nded that the intersection of Dartmouth and Santa Fe is scheduled to be impro ved o nce the transfer o f funds fr om the interstate system to the federal highw ay ystem has been appro ved and processed , and that the Dartmouth/Sa nta Fe in ersecti o n is only one o f many intersections that are scheduled to be impro ved . Wil liam Anderson , 4981 S . Washingto n , appeared before the Council and quiered the Council on the 1978 budg et , especially on the proposed uses o f t he revenue sharing funds and monies budgeted in the General Fund . Mr . Anderson critized the budget expressing his o pini ons as he reviewed the differe nt funds. After a leng hly discussion with the Council , Mr. Ande rs on thanked the members for the o ppo rtunity t o speak befo re them and apologized to anyone wh om he may have ~ffended. Ol iver Giseburt , 3171 S. High , appeared befo r e the Counc il and stated that he viewed the budget as being very large for a City the size of En lewood . Mr . Giseburt suggested the City o unci l es tablish a c ilizens budget conunit ee that would present the budget to the Co uncil f o r considerati on, Mr . Giseburt was o f the opinion that su ha committee could decrease the budget enough t o bring a out a tax cut. • I • • n - ( ( ( • October 3 , 19 7'' Pag e 5 • • • John Littlehorn, 45 30 South 8'roadway, B!)peared before the Council and c omplimented the Council on the 1978 b udg et and praised the progressive direct i on in which the City o f Englewood was mo ving , Mr, Littleho rn reque ste d the Co uncil t o c onsider funds be appropriated in the budget f or the engery c onservation studies and gene ral natura l res ource conservation studies . May or Pro Tern re convene a t 9 :4 0 P .M. layton declared a rece ss at 9 :20 P.M . City Council Upon a call of the roll , the f ollowing we r e p r esent : Cou nci l Members Williams , Sovern , Smith , Mann , Brown, Clayton Absent: Co uncil Membe r Taylor The May or Pro Tern declared a quorum present . May o r Pro Tern Clayton asked if there wa s anyone else in the audien ce wishing t o s peak t o t h e Council concerning t he 1978 budget an d uses f o r revenue shari ng fu nds f or 1978 . No one responaed , CO UN CIL."lAN SMITH MOVED TO LOSE THE PUBLIC HEARING . Councilman Brown seconded the mo i on, Upon a call of the r oll , the voe re sul ed as f ol l ows : Aye s : Nays: Ab s ent: Co uncil Members Williams , Sovern , Smith , Mann , Brown , Cl ayton None Co uncil Members Taylor The May or Pro Tern declare d the motion carried, * * * * * * "Co rrununicati ons -No Act ion Recommended" on the agenda were rec ei ve d: (a) Minute s of the Denver Regional Co uncil of Governments meeting o f August 17 , 1977, (b ) Minute s o f the Englewood Housing Authority meeting of August 2 3 , 1 977. (c ) Minutes of the Parks and Recreation Commiss ion meeting of September 8 , 1977, {d) (e) Minutes of the Board of Ca reer Service Commissioners meeting of September 15 , 1977, Minutes of the Water and Sewer Board meeting o f September 20, 1977. {f) Memorandum from the Director of Co rrununity Development to the City Manager concerning attendance at the American Society of Planning Offi cials Annual Conference in San Diego. * * * * * * • I • • I r:, • October 3 , 1977 Page 6 • • - City Manager Mc cown presented a recommendation from the Planning and Zoning Commission meeting o f eptember 20 , 1977 oncerning the findings of f act relating t o the Cherokee K.iva Planned Developme t. CO UNCILMAl'I SOVERN MOVED TO RECEI VE THE Fnmr G3 OF FACT FRO M THE PLANNING AND ZONING COMMISSION ON THE CHEROKEE KIVA PLANNED EVELOPMENT AND TO INSTRUCT THE CITY ATTORNEY I S OFFICE TO PREPARE A DO u;,[11 ':' ON FI fDIN S OF FACT FOR THE COUNCIL TO APPROVE AT THE NEXT REGULAR MEETING . oun ilman Smith secon ded the mo tion. Up on a call of the roll , the vo e resulted as follows : Ayes : Nay s : Absent : Cou ncil Memb ers Williams , Sove rn , mi h , lann , Brown , Cl yton None Cou ncil Membe r Tay lor The Mayor Pro Tern declared the motion carri ed. ****** City Manager Mccown requested the ity Council to con f i n n a new date o n the cont inuation for a publi c hear ing on Hampden Pro fessio al Park Subdivis i o n fin a l plat. COUNCILMAN SMITH MOVED TO S OCTOBER 31 , 1977 , at 7 : 30 P.M. AS THE NEW DATE FOR THE CONTINUATION OF A PUBLI HEARING ON HAMPDEN PROFES SIONAL PARK SUBDIVISION FINAL PLAT . Co unci lman Sovern s econded the motion. Upon a call of t he roll , the vo te resulted as f o llows : Ayes : Nays : Absent : Council Members Williams , So vern , Smith , Mann , Br own , Clayton None Council Member Taylor The May or Pro Tern declared the moti o n carri ed. ****** Ci ty Mana er McCo wn presented let ers of resignati on fro m Mr. Edward Draper wh o is resigni ng from the Englewood City Retirement Board and fr om Mr . John E. Kramer wh o is resigni n as Chairman o n the Boa rd of Adjustment and Appeals. Co un cilman So ve rn requested staff to provide name s and resumes of people wh o had previ o usly inqui red about t h ese pos itions and that notice s of the a va ila ble vaca nc i es be publis hed in Zo ne 2 a nd the Se ntine l. • I) I • • n ( Oc ober 3 , 1977 Page 7 • • - COUNCILMAN SMITH MOVED TO ACCEPT THE RESIGNATIONS OF MR . EDWARD DRAPER AND MR , JOHN E, KRAMER FR OM THEIR RESPECTIVE BOAROO AND THAT A LETTER OF APPRECIATION AND THANKS BE SENT TO EACH ONE, Co uncilman Brown sec onded the motion, Upon a call of the roll , the vote resulted as follows : Aye s : Nays: Abse nt: Council Members Williams , Sovern , Smith , Mann , Brown , Clayton None Cou ncil Member Taylor The Mayor Pro Tern declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCI LMAN MANN BY AUTH OR ITY ORD INAN CE NO, 2 4 SERIES OF 1977 AN ORDINANCE APPROVING AN AMENDED AGREEMENT BEI'WEEN THE CITY OF ENGLEWOOD , COLORADO AND THE ENGLEWOOD HOUSING AUTHORITY RELATING TO THE HOUSING REHABILI - TATION LOAN PROGRAM POLICIES AND PR OCEDURES . COUNCILMAN MANN MOVED TO PASS ORD INANCE NO . 24 , SERIES OF 1977 ON FINAL READING . Counc ilman Sovern seconded the motion . Upon a call of the roll , the vote resulted as follows : Ay es : Nays : Absent : Counc i l Members Williams , Sovern , Smith, Mann , Brown , Clayto n None Co uncil Member Taylor The May or Pro Tem declar ed the moti on carried, ****** INT RODUCED AS A BILL BY cotrn ILMAN lANN A BILL FOR AN ORDINANCE AMENDING SUB ECTIONS (e) TO AND INCLUDING (h) OF ARTICLE I SECTION 10 CHAPTER 4 TITLE I ., OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED , BY RE-ORDERI NG THE RECOGNITION OF NON -SCHEDULED CITIZENS AND VISITORS TO FOLLCM PRE-SCHEDULED CITIZENS AND VISITORS . • I • • n n • October 3 , 1977 Page 8 • • - COUN ILMAN MANN MOVED TO PA3S THI . ILL FOR Atl ORD"l:N ANCE ON f'lRST READING . Councilman Williams seconded he m< ion ouncilma n Man n po i nted out that this r-,r linance -ill0ws t he non- scheduled visi tors an o ppo rtunity t o spe k bef re Co n iJ early in the 1.,eeti so that they will not have to wait th durati m ol' e ther <:o uncil b sines.;, Up on a call of the r oll , the vo e resul e as follows : Ayes : Nays: Absent : Council Memb ers Williams , Sovern , None Council Member Taylor The Mayor Pro Tern declared the mo ion carried. ****** INTRODUCED AS A BILL BY COUNCI LMAN BROWN A BILL FOR ith , M:rnn , Brown , vlayton AN ORDitlANCE AMEN DING SECTION 5 CHAPTER 4 TITLE OF THE 1969 ENGLEWOOD MUHI- CIPAL CODE , AS AMENDED BY DECLARING IT UNLAWFUL TO KEEP HORSES , MULES , HEEP , DONKEYS AND OTHER ANIMALS AND FOWLS AN D FURTHERMORE THAT NO ANIMAL SHALL DISTURB THE PEACE AND CO 1FORT OF ANY NEIGHBORHOOD . COUN ILMAN BROWN MOVED TO PASS THIS BILL FOR AN ORDI NANCE ON FIRST READING. Councilman Sm i th seconded the motion. Upon a call o f the roll , the vote result ed a s follows : Ayes : Nays : Absent : Council Members Williams , Sovern , Smith , Mann , Br own , Clayton None Council Member Tay lor The Mayor Pro Tern declared the motion carried , * * * * * * Assistan City Attorney De Witt informed the Council that c·ty Attorney Be rardini has f lled a rief in th e Co urt o f Appeals on t h e mat er of Back Door Li quors and an a r gument she d be held in the next three montht1. ****** Assi stant City Attorney De Wit discussed the request for a Charter amendment regarding making the Mayor 's p os ition on the Water and Sewer Board o pt ional. Assistant City Attorney De Witt po inted ou the statu tor y section ruling that an o rdinance has to be passed by 2/3 me~ber v ot e a nd an electio n must be h e ld not less than 30 days and not more than 120 days after the • I • • n .., - l ( October 3 , 19T ' Page 9 • - effective date o f the o rdinance, Co nsequently , such an amendment process wo uld miss the upcoming electi on, The Assistant City Attorney, however, sated that the City Atto rney 's o ffice would follow-up on this request at a later time, * * * * * * COUNCILMAN SMITH MOVED TO APPOHIT GLENN A HALE TO THE REHABILI- TATION LOAN PROGRAM COMMITTEE . Councilman Brown seconded the motion, Upon a call of the roll , the vote resulted as follows: Ayes: ~lays : Abs ent: Council Members Williams , Sovern , Smith, Mann , Brown , Clayton None Council Member Taylor The Mayor Pro Tern declared the motion carried, * * * * * * City Manager Mccown presented a memorandum on the subject of vertical promotion policy with attachments on the staff survey of pro- motional policies in other municipalities , similar survey on five major firms in Denver , legal opinions from Mr, Stanislaw S . Damas of Mulligan and Damas , P ,C., 950 17th Street , Denver , CO 80202 and Mr . John Criswell o f Criswell and Patterson , 3780 South Broadway , City Manager Mccown stated this matter concerned whether the City Co uncil had authority to act on vertical promotion policies, John Criswell , 3780 South Broadway , appeared before the Council on behalf of the Englewood Employees Association, Mr. Criswell sta ed that the Employees Association was mainly concerned about whether the Council had the authority t o change working conditions without fi rst negotiating the change with the Employees Ass o ciation , not the inheren t qualities of the vertical promotion p olicy itself . Mr, Criswell and the Council discussed at length histori cal background involv ing the policy; the memorandum from the Career Service Board on the subject and whe her the memorandum was a r ecommendation or a binding decision; and the negiotation provisions as set f o rth by the Charter . Mr . Criswel l rei terated he Empl oyees Association position and the As sociation was conc erned about other working conditions being secure if the Co uncil cho se to change this policy in "mid-stream ". Mr , Criswell stated that the As sociation is willing to set down and negiotate the vertical promotion p olicy, Co uncilman So vern expressed concern on the nebuluous position either side has been assuming on the vertical promotion policy and stated that some seri ous personnel problems could be created if the facts are not sorted out and evaluated . • > I • • Oc ober 3 , 1 77 Page 10 • • City Manager Mccown stated th at staff 's research shows sch an assumed p oli y may have been construed in the late 1960 1 s. COUNCILMAN SMITH MOVED TO CONTINUE THE SUBJECT UNTIL THE FIRST MEEI'ING IN NOVEMBER , Councilman Sovern se onded he motion. Councilman Smith stated that he was concerned abou NOT whether the pol icy was good or bad ; but if the policy was an integral art of the contract and if it should be ; also , did the Career Service Bo ar make a bin ing decision -and more importantly , the City 's credibility with its employees. Councilm~n Smith also stated that a thorough evaluation of this mater should be made with all legal representatives present . The reason he moved the date to the first of November was to give everyone concerned advance no ice to attend , Upon a call of the roll , the vote resulted as follows : Ayes : Cou ncil Members Williams , Sovern , Smith , Mann , Brown , layton Nays : Absent : No ne ) Council Member Taylor The May or Pro Tern declared the motion carried. ****** City Manager Mccown presented a letter from the Denve r Bo ard o f Water Commissioners requesting 1111 extension uf th e review period fo r the water lease an d management agreement between the CitieJ ,f Eng lewood and Thornton , COUNCILMAN SOVERN MOVED TO DIRECT THE CITY TAFF TO WRITE A LETTER TO THE DENVER WATER BOARD STATING THAT THE CITY OUNCIL DOES NOT AGREE WITH THE DELAY IN THAT THE CITY COUNCIL 'S FINANCIAL PLANNING REQUIRES THAT THE CITY PRO EED WITH THE AGREEMENT AND THAT THE CI TY COUNCIL SEES VIRTUALL Y NO ONNECTION AT ALL BETWEEN DENVER 'S FOOI'HIL"' PROJECT IN THORNTON AND THE CITY 'S RAW WATER , THE PURPOSE OF WHICH WAS THAT THE CIT Y'S RAW WATER IS TO FIT THORNTON 'S EXISTING FACILITIES AS OPPOSED TO NEW FACILITIES TO BE CONSTRUCTED AND PARTICIPATED INTO BY OTH ER ENTITIES AT A LATER DATE. Councilman Williams seconded the motion. Councilman Smith requested to amend the mo tion by stating tha the City ouncil feels it has this right based on the two contracts . Council- men Sovern and Wi lliams agreed to the amendment. Upon a call of the r oll , the vote resu ted as follows : Ayes : Council Members Williams , Sovern , Smith , Mann , Brown , Clayto,. • I • • - ( ( ( • • • • October 3 , 1977 Page 11 Nays : None Absent : Council Member Taylor The Mayor Pro Tem declared the motion carried. ****** COUNCILMAN WILLIAMS MOVED THAT A PUBLIC HEARING O!ICERNI NG THE ANl'!UAL ST . LOUIS CATHOLIC CHURCH 'S DINNER ON NOVEJ'.IBER 13 , 1977 BE SEI' AT THE IBXT REGULAR COUNCIL MEETING O TOBER 17 , 1977. Councilman o vern seconded the motion. Up o n a call of he roll, the v, te resulte as follows: Ayes : rlays : Absent : Council Members Williams , Sovern , Sr.ii h , Mann , Brown ,Clayton Non e Council Member Taylor The Mayor Pro Tern declared the motion carried. ****** Mayor Pro Tern Clayton asked if ther e was anyone in he audience wishing t o speak to the Council . William Anderson , 4981 S . Washington a p peared before the Co uncil and c ommended the bill f o r an ordinance re-ordering the non-scheduled visito r section to be placed following the pre -sche duled visitor section ; however , Mr , Anderson asked if this prohibited any visitor from speaking to the Co un cil on business that tra n spired afterwards . time. Cou ncilman overn stated that the rules could be suspended at any Councilman Sm ith s tated that no visitor would be denied t h e opportunity to speak to the Counc il . Mayor Pro Tern assured Mr. Anderson that the chair could recognize any visitor desiring to speak to the Council d uring the meeting . There being no further business , the meeting adjourned at 11 :10 P.M . ~er:¥~ eputyCity Clerk • I • • C In n • - • - 0 CITY COUNCIL MEETING October 3, 1977 ~ ORDINANC E II .K. 25 , 26, 27 I " KESOLUTION II 41, 42, 43, 44 ( "-l I • • • • n 0 n ( 7:30 P.M. 1. C 2. ( ( THE • • - AGENDA FOR THE REGULAR MEETING OF ENGLEWOOD CITY COUNCIL OCTOBER 3, 1977 Call to order, invoca tion by ~verend Helen Walker, Esoter ic Truth Center , 130 East Girard Avenue, pledge o f allegiance by Boy Scout Troop #154 , and roll call . Minutes . (a) Min u tes of the spe cial meeting of September 12, 1977. (Copies encl osed .) A b) Mi n utes of the regular meeting of September 19, 1977 . (Copies enclosed.) Pre-Schedu led Visitors. (a) (b) Mrs . Marie Kincai d, Jr. Past President of the Veterans o f Foreign Wars Ladies Auxiliary Post 322; Alan Rice, Connnandi ng Officer, Post 322; and Lou Romans, State Commander will be present t o present the City of Englewood with two new flags. Chief William Hamilton; Captain Elden Boe , Englewo od Fire Departmen~ and Mrs. Glads Mal ren , President of Tenant Counc , Simon enter, will be present to accept the flags . Mrs. Jean Bown, President, and Pauline Barlow, First Vice President, Englewood Busine ss and Professional Women 's Club; Jackie Moore, First Vice President, and Paula Se igel of t he En~lewood Centennial Business and Professional Womens Club will be present to accept a proclamation proclaiming the week of October 16-22, 1977 as "National Busin ess and Profess ional Women's Week." (Copies enclos ed.) • i) I • • ( ( ( • • - Page 2 October 3, 1977 Agenda ( 2 . Pre-Scheduled Visitors (Continued). (/1 62 tu fJ <hJn<.. V '1 I '5 /11.;_( (/,~ /1 t (c) Mr. Richard Edison, President, and Ron McLain, 1...~ ~ :t Public ~elations, of the Firefighter~ Union 1 ,, r/' 111 736 will be present to award the winners ' · of the fire prevention contest . The winners -,t 1 are : Chris Worth for the Kindergarten category ; · c Tami Pickerell for Primary; Mike Kerswill for Junior High; Paula Thornhill for Senior High; and Katherine LaVine for Adult . Mr. John Littlehorn, 4530 South Broadway, will be present to appeal a Planning and Zoning Connnission decision and requesting a public hearing on the property in the v icinity of South Lipan and West Quincy . (Copies enclosed .) 3. Public Hearing . (a) On the proposed use of Revenue Sharing Funds and the 1978 Budget. 4. Communications -No Action Reconnnended. (a) Minutes o f the Denver Regional Council of Governments meeting of August 17, 1977 . (Copies enclosed.) (b) Minutes of the Engl ewood Housing Authority mee ting of August 23 , 1977. (Copies enclosed.) (c) Minutes of the Pa rks and Recreation Connnission meeting of September 8, 1977 . (Copies enclosed.) (d) Minutes of the Board of Career Service Connnis- sioners meeting of September 15, 1977. (Copies enclosed .) (e) Minutes of the Water and Sewer Board meeting of September 20, 1977 . (Copies enclosed.) (f) Memor andum f rom t he Director of Couununity Devel opment to the City Manager concerning attendance at the American Society of Planning Officials Annual Conference in San Diego . (Copies enclosed .) • I • C • • - Page 3 October 3, 1977 Agen da 5 . Communications -Action Recommended. (a) cJJ~ _)1J Recommenda tion fr om t he Planning and Zoning Commission meeting of September 20, 1977 concerning the fin dings of fact relating to the Cherokee Kiva Planned Development. (Copies enclosed .) "C. (b) \l,')' (c) \, Confirmation of new date on continuation for public hearing on Hampden Professional Park Subdivision final plat. Resignation from Mr. Edward Draper from the Englewood City Reti rement Board effective immediately due to an appointment to the Planning and Zon ing Commission. (Copies enclosed .) (d) Resignation of John E. Kramer, Chairman, Board of Adjustment and Appeals effective October 1, 1977. (Copies enclosed.) 6 . City Attorney. Ordinance on Final Reading. (a)i,/Ordinance approving an amended agreement between the City of Englewood and the t \ Englewood Housing Authority relating to ,t· the Housing Rehabilitation Loan Program policies and procedures. (Copies enclosed.) Bills for Ordinances. (b) Ordinance reordering the recognition of non- scheduled citiz ens and visitors to follow D ~~ pre-scheduled citizens and visitors . (Copies Qr. enclosed .) (c) /\ ~~ l \ Ordinance declaring it unlawful to keep horses, mules , sheep, donkeys and other animals and fowls and furthermore that no animal shall distur be the peace and comfort of any neighborhood . (Copies enclosed .) Other Matt ers. (d) Attorney's Choice. • ) I • • ( • • • - Page 4 October 3, 1977 Agenda /. ,.,/ f · 7. City Ma nager. \, \i ,_,. (a) LI t-,,_·t (b) (c) (d) Appointment to the Rehabilitation Loan Program Collllllittee. Memorandum and information concerning vertical promot i on . (Copies enclosed,) Letter from the Denver Board of Water Collllllission- ers requesting an extension of the review period for the water lease and management agreement between the Cities of Englewood and Thornton . (Copies enclosed.) Manager's Choice. 8. Other Visitors . 9 . General Discussion . (a) Mayor's Choice. (b) Councilman's Choice. 10 . Adjournment . ~!~ City Manager • I • • - ( • SPE CIAL MEETING: • - COUN CIL CHAMBERS CITY OF ENGLEWOOD , COLORADO September 12 , 1977 1 t The City Co uncil of the City of Englewood, Arapah oe County, Colorado met in special session on September 12 , 1977 at 7:00 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Howard Brown. The Pledge o f Allegiance was led by Mayor Taylor. Mayor Taylor asked f o r roll call. Upon the call of the roll, the fol l owing were present: Council Members Williams, Sovern, Smith, Brown, Mann, Cl ayton, Taylor. Absent: No ne The Mayor declared a quorum preoent, Also present were: City Manager McCown Assistant City Manager Curnes Ass i stant City Attorney De Witt Director of Public Works Waggoner Acting Director of Employee Relations Brown Director of Finance/City Clerk James Deputy City Clerk Watkins * * * * • COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE REQUIRING THE CONVERSION TO METERS AT THE TIME OF TRANSFER OF OWNERSHIP OF PROPERTY. Councilman Mann , seconded the motion. Upon a call o f the roll, the vote resulted as f ollows: Ayes: Council Members Mann, Brown , Cl ayton, Williams, Sovern, Sm ith , Taylor Nays: None The M!cy'or declared the mo tion carried. * * * • * • I • • • • • September 12 , 1977 Page 2 May or Tay lor began the public hearing by addr es sing the public in att endance and stating the gr ound rul es fo r his meeting 's hearing . Mayor Taylor state d. that the o rdinance passed on the first readi ng and will come up for final readi ng September 19 , 1977 , However, the City Co uncil ruled that a public hearing should be set on this o rdinan ce to receive input from the public prior to consideration for final passage on September 19 , 1977 , Mayor Taylor stated that clari fication o f the meaning of the ordinance i s in order. May or Tay l or explained t hat people living in their homes now would not be required t o go on met ers until they sold their house or sold their prop erty and at that time the new owner would be required t o install a meter in the house . The purpos e of the ordinanc e was to phase out the f l at rates over a long period of time but i f people who were no w living in their homes wan ted a meter , they could request the Water Department to install the meters in their homes , Mayor Tay or a ske d if there was anyone in t he audience who wished to speak in favor o f t he or dinance. Emily Bo eke , 7181 s . Harris on Way , Littleto n, President of the League o f Women Vot e rs appeare d before the Council and stated that t he League has studied the problem of water s hortage fo r numerous years, Ms , Boeke stated that the League supported the o rd i nance s o people would s tart conserving water now instead o f when water shortag e becom es a real crisis . Mayor Taylor asked if there was anyone in the audience wh o wished to speak against the ordinan ce, Maurice Jones, 5020 S . Washington, appeared before the Co uncil and stated that he wa s neither for or against the ordinance, Mr, Jones stated that meters would definitely lower consumpti on of water, but something must be done t o improve t he filtrati on and purification of water, He also stated that if the consumption wa s lowered the revenue would also be reduc e d. Eva Eisenburg, 495 5 S. Galapago, appeared before the Council and stated that the water pressure needs to be improve d and even though she is against the water meters, she was under the impression that the water pressure would be improved regardless of whether meters were installed or not , Ms. Eise nburg stated that she hoped improve d wa t e r pres sure did not hinge on whether peop l e used water mete rs or not . J ack Martin , 3153 S , Gaylord , appeared before the Counci l an d st a ted that he was against water meteri ng an d wou ld like t o see the City enc ourage a voluntary water c onservation program first . Melvin Minnic k , 4564 s . Pearl , a ppeared before the Co unc il and stated that he was aginst water metering and that the distribution o f water needs to be improved before any consideration should be given to installing water meters. • I • • ( September 12 , 1977 Page 3 • - Cl arence Arn ett, 4242 S . Logan , appeared befo re the Co uncil and stated that he was against water meters. Mr. Arnett stated that the cost of installing a meter would be added to the price of a home when the house was s o ld thus r ai sing real e st ate prices . Mr . Arnett stated that meters o ffered no solution t o improving the distribution o f wa ter . Wayne Hardesty, 3841 S . Cherokee , appeare d b efore the Co uncil and stated that he was against water meters because o f the extra money that would be spent installing the meters and paying peopl e to read them . Mr . Hardesty stated that the money should be spent for operating a treatment plant properly. ~ichard Ed isel, 3295 s . Franklin , appeared before the Co uncil and stated that he was against water meters. Mr, Edisel stated that he felt n o on e would o bject t o paying for improvements in water distribution through increased water rates , but he wondered why the peop l e should be f o rced to pay f or unnecessary expenditures like water meters when there are other alternatives for bringing in revenues. John Fawn, 4355 s . Clarkson , appeared before the Council and stated that he was against water meters because of the initial expense in installation • Mr . Fawn st ated that water meters would not deter people from wasting water because people will simply pay for what water they use or waste. Mr . Fawn stated that improvemen ts in water treatment are needed instead , Mr, Fawn further stated that people should be educated in water conservati on first before restrictions are pla ced on them , Jeffrey George , 131 1 E, Bates , appeared before the Council and stated that he was against water meters , Mr . George stated that the co s t of installation would promote escalation in the real estate market because sellers would be fo rced to add the installation cost t o their selling price . Thia escalation in real estate prices might prohi bit young peopl e from buying homes thus causing sever repercussions to the whole economy , Mr . George stated that the rates should be increased instead, Norma Wier, 48 70 s . Cherokee , appeared before the Council and stated that she was against water meters because of the burden it would place on people who are living on fixed incomes. Werner Schna c kenberg , 4601 s . Ba nnoc k, appeared before t he Council a nd s tated that he was in favor of water meters. Mr , Schnackenberg stated t h at water mete rs places an incentive on the people t o conserve water and pro vides for a fair way to pay for the water they use. Mr. Schnackenberg s t ated that senior citizens are generally frugal peopl e and paying for water u seage through the meter method could prove advantageous for them. Bill Clayton , Jr., 958 E, Cornell, a ppeare d before the Council and s tated that he wa s against water meters, Mr . Clayton stated that the Council should calculate that if the people install meters -will that much water be -----~~-------~----~~-· I • • September 12 , 1977 Page 4 • - s a ved and wi ll j ust as much revenue be taken in . Mr, Clayto n s t ated t hat i f people cut back and less revenue is brought in -wi ll the Council choo s e to raise the rates , The final result being not only wi ll meters be i n t he home s , but als o increased vater rates . Mr . Clayton suggested that peopl e must be educate d first in va.ter conservation. Mr . Clayton a l s o s ugge st ed that peop l e who vaste water be penalized. Bea Lane, 4397 S , Huron, appeared before the Counci l and stated tha t she was a gainst wa t er meters because o f the expense t o pay people t o read and maintain the meters. Eleanor Smith , 4100 s . Galapago , ap peared before the Counc i l and stated that she wa s s urpri s ed the City Co uncil was con s idering installing water meters. Mr, Smith stated that when the City of Englewood took over the water provision from Denver the City promised it s citizens that they would not have to be metered, Mr s . Coffin, 3057 S , Galapago , appeared before the Co unci l and recalled the fact that dur ing Mayor Allen 's term o f o ffice, the Mayor prom i sed the citizens that no meters would be installed and that the citizens even petitioned against the meters, Clayton Smith , 4100 s. Galapago, appeared befo re the Council and stated that he still had the meter that was disconnected when Denver discontinued providing water and turned the provision over to Englewood . Mr. Smith stated that the meter wa s probably outmoded and he did not want to have to go to the expense of buying a new meter . Stanley Rowduss , 2323 W. Harvard , appeared before the Counci l and suggested that if the meters were ins talled the cost should be borne by the City of Englewood from the profits they receive from the sell of water to Thornton. Eva Eisenberg, 4595 s . Galapago, appeared again b efore the Council and inquired about the next step that the City Council would take in thi s issue , Mayor Taylor stated that the City Council would conduct a study ses si on to review and consider the input that was received at this meeting The City Counci l would comp ile answers to the questions brought forth and hold another session with the public to explain and discuss the answers. Mayor Taylor assured Ms . Eisenburg that the City Council would not pass the ordinance until the pub l ic wanted it , Harlas Glasco , 5040 S, Galapago , appeared before the Council and stated that he was a gainst meters, William Clayton , 3201 S . Franklin, appeared before the Council an d stated that he was against meters for the same reasons stated by other opp o sers . John Cryling, 3131 s. High, appeared before the Council and suggested that the City of Englewood contact other cities that have installed water meters to obtain statistics and pertinent information to help evaluate the ne c e s sity of metering . Mr. Cryling stated that he was for water meters. ) I • • ( ( • September 12 , 19 77 Page 5 • • • J . Pet ers , 3100 S . Pearl , appeared before the Co unci l and stated that he was against wa ter meters bec ause people would probably call a plumber to install the meters rather than install the meters themselves and the expense would b e enormous , Mr. Peters stated that he would rather pay higher water rates than be met e red, Clayton Smith, 4100 s. Galapago, appeared again before the Council and stated that gathering statistics and information from other cities would not be Ben efici a l, Mr, Smith stated that the City of Englewood should examine the Denver decision in rejecting the water meter system if the City wanted t o evaluate such a project, Bill Cox , 4433 S, Acoma, appeared before the Coun cil and stated that he was against water meters, Mr, Cox stated that the citizens of Englewood could manage to conserve the water if they needed t o do so; and he thanked the Co uncil fo r c onducting t h is open hearing, Paul Stinsky, 4260 S, Elati , appeared before the Co uncil and stated that he was against water meters, Mr, Stinsky sugg ested that the Council support a public effort to conserve water on a v oluntary basis and penalize t ho se people who waste the water, Katherine Fishback, 4425 S . Acoma appeared before the Council and stated that she was against water meters. Ms, Fishback stated that she would rather pay higher rates , Lynette Warren , 3820 S , Galapago , appeared before the Council and stated that she was agai nst wa ter meters, Ms. Warren suggested that the people wh o are wa steing the water be penalized, Mike Kuhn, 2 724 S , Cherokee, appeared before the Council and stated th~t he was a gainst water meters, Mr, Kuhn stated that he objecte d t o the initial expense of installing the meter and suggested that support be placed behind voluntarily conserving water , Herman Fl a g er, 4610 s. Ch erokee, appeared before the Co uncil and stated that he was f or water metering. Mr, Flager stated that if people were placed on a metering sy stem t hey will be more careful about using water and they woul d be willing to pay f or the any extra amount of water they use , Larry Bochelle, 1430 E, Co rnell, appeared before the Co uncil and stated that h e was against water meters because the cost of installing a meter will b e added to the selling price of the house thus increasing real estate costs. • I • • September 12 , 1977 Page 6 • - Wayne Burgot , 4108 S, Inca , app eared before the Council and state d that h e was against water meters. Mr. Burgot stat ed that if the p op ulation of Englewood expands as predicted then mo re water service wou l d have t o b e generated. Co nsequently , a larger plant wo uld h ave to be c onstructed anyway in order to adequately supply the water. Mr. Burget a s ked the Co unci l t o consider means of supplying more water instead of installing water meters . Roy Smi t h , 4 90 s. Hur on, appeared before t h e Council an d s t ated that he was against water meters o f the expense of installing a meter and the necessity of adding the installation co st onto the selling price of a home, Mr. Smith state d that he was o f the opi ni on that the City would r eceive less revenue as a result, Mr, Smith stated that he would prefer to pay higher rates . We rner Schnack enberg , 46 01 S . Bannock , appeared again before the Co uncil and stated that the City is trying to save $3 .2 million by not building the larger plant to guarantee enough treated water for the flat rate users, If the citizens want to continue the flat rate then they will have to pay for the larger plant. Mr . Schnackenberg stated that if the City passed the ordinance on water met ers then a possible solution for lowering t h e base rate f or senior citizens could be worked out . Bill Clayton, Jr., 958 E. Cornell , appeared again before the Council and requested that the figure of $3.2 million be examined to determi ne whether the cost of the met ers was c onsidered . Cl ayton Smi th, 4100 s . Galapago , appeared again before the Counci l and stated that he would probably live in his house as a seni or citizen and preferred to save the money required to install a meter to use as incom e when he gets older than pay out any money at all. Mayor Taylor entered into the record two letters objecting to water meters one from Mr. Arthur Rose and Mrs . Rita Rose and the second from Mr •. James Miller. Wayne Hardesty, 384 1 s. Cherokee, appeare~ again b efore the Council and asked if the money needed to build a larger plant could come from the sale of water t o other areas . • I • • ( Sept embe r 12 , 1977 Pa ge 7 • • - Wayne Burgot , 34 01 S, I nca, appeared again bef o re t he Co uncil and and stated that if the City built a p l ant to mak e a savings of $3,2 million would the plant s til l be inad equate i n supp l y ing e nough treated wa t er in the future a nd would t he City be forc e d to con s truct a not he r p l a nt in order to s uppl y en ough treated wat er, Mr. Burgot stated that he thought a larger pl ant shou ld be bu ilt, May or Tay lor a s ked if t h ere was any one else wishing to address the Coun ci l on th is ord inance, No one replied, May or Taylor thanked every- one for attend ing and expressing t heir opinions, May or Taylor reit erated that the Counc il wo uld con sider the suggestions brough t forth during their study sessi on and r eturn with answers in the near fu t ure, COUN CILMAN WILLIAMS MOVED TO CLOSE THE PUBLIC HEARING, Counc~lman Sovern se co nde d th e mot i on, Up on a c a ll o f the roll, the vote reaulte·d· as follows: Ayes: Council Membe r s Ma nn, Br own, Cl ayton, Wi lliama, So vern, Smith, Tay l or Nays : No n e Th e Mayor decl ar ed the motion carried, • • • • • • Mayor Tay lor declared a rec ess at 9:10 P,M, City Counc i l reconvened at 9:25 P,M, Up o n a c a ll ·of th e r oll , the fo l l owing were present: Counci l Members Williams , So v ern, Sm i th, Brown, Mann, Cl ayton, Taylor Absent: Non e Th e Mayor declared a quo rum prese nt , • • • • • • CO UNCILMAN WI LLI AMS MOVED TO ADJOURN TO EXEC UT I VE SESSION AND DISC USS AP POINTMENTS TO WATE R AND SEwER BOAR D AND THE APPOINT MENT TO PLANNING AND ZO NI NG COMMISSION , Co unci lm an Brown s econded the moti on , Up on a call of the r oll , the vote res u l ted a s follows: Ayes: Cou ncil Me mb ers Mann , Brow n, Clayton , Wi lliam s , Sovern, Smith Taylor Nays: No n e The Mayor declared the mo tion c arried, • * • • • • • I • • ( • - September 12 , 1977 Page 8 The Council adj o urned to Conference Room Din exec utive session at 9 :30 P ,M, The Council reconvened to public session at 9 :40 P.M. COUNCILMAN MANN MOVED TO APPOINT MRS. MEREDITH FEAMSTER 4865 S , ELATI TO FILL ONE VACANCY ON THE WATER AND SEWER BOARD, Councilman Williams seconded the motion, Upon a call of the r oll, the vote result ed as follows: Ayes: Council Members Mann, Brown, Clayton, Williams, Sovern, Smi th Taylor Nays: None The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO APPOINT RUDDY WITTHUS TO FILL THE OTHER VACANCY ON THE WATER AND SEWER BOARD. Councilman Brown s econded the moti on , Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Brown , Clayton , Williams , Sovern , Smith Taylor None The Mayor declared the motion carried, * * * * * COUNCILMAN SMITH MOVED TO APPOINT ED DRAPER, 3673 S, BROAIMAY TO THE FILL THE VACANCY ON THE PLANNING AND ZONING COMMISSION , Coun cilman Mann seconded th e motion, Ayes: Council Members Mann, Brown , Clayton, Williams, Sovern, Smith, Taylor Nays: None The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ADJOURN TH E SPECIAL COUNCIL MEETING , Co uncilman Mann seconded the motion, Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Co uncil Members Mann , Brown, Clayton, Wi lliwns, Sovern , Smith , Taylor No ne The Mayor declared the motion carried , and the meeting was adjourned at 9:50 P,M, Deputy City Clerk • I • • n ( r ( ( \ • REGULAR MEETING: • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO September 19 , 1977 l B The Ci ty Council of the City of Englewood , Arapahoe Co unty, Colo rado , met in r egular session on September 19 , 1977 at 7 :30 P.M. Mayor Taylor , presiding , called the meeting to order . The invocation was given by Min ister Joe Boot h , Ch urch o f Ch ri st , 4690 S . Logan . The Pledge of Allegiance was led by Mayor Taylor . Mayor Taylor asked for r oll call , Upon t he call of the roll , the followi ng were p resent : Council Members Williams , So vern, Smi th , Brown , Mann , Clayton , Taylor . Absent : Non e . The Mayor declared a quorum present . Also present were: City Manag er Mccown Assistant City Manage r Curnes Assistant Ci ty Attorney De Witt Director of Communit y Developmen t Wanush Deputy City Clerk Watkins ****** COUNCILMAN SOVERN MOVED TO AC EPI' THE Mil/UTES OF THE REGULAR CITY COUNCIL MEETING OF SEPI'EMBER 6 , 1977 . Councilman Brown seconded the motion. Councilman Sovern requested that l ast sentence on page 13 , paragraph 4 , line 2 , be changed to read "Councilman Sovern reques ted that a date f o r sometime in Octob er be set after the budget retreat ." Upon a call of the roll , the vote r e sulted as follows : Ayes : Nays : Coun c il Members Brown, Clayton, Williams , Sovern , Smith , Mann , Taylor None . The Mayor declared the motion carried . ****** COUNCILMAN SMITH MOVED THAT THE PROCLAMATION DECLARING SEPTEMBER 24 , 1977 AS HUNTING AND FISHIN G DAY BE APPROVED . Cou nc ilman So vern seconded the motion . Upon a call of the roll, the vote resu l ted as follows : • I • • September 19 , 1977 Page 2 • • Ayes: Council Members Brown, l'ty en , Willi'l.llls, So vern , Smi th , Mann , Taylor Nays : None . The Mayor declared the moti on c:.rri<> , Mayor Taylor presented Mr . Wal Pr uamuel,,o , 38'5 South Lincoln St . with the Proclama ion and complim nted Mr . Samue ls n and the group he repres ents for the efforts they have made . Mr . Samuelson thanked the o unci 1 he present a i ,n and the privilege wh i ch hono r s t he conservationist groups of huntPrs and f1'lher1T1en. ****** Pre-s heduled visitor , Ed Grab ill , atto rney "or Wa rd Foo , appeared before the Con il on behalf o f Freddie Fudd ' Food and Fri ter Fae o ry reques - ing renewal of a hotel and restaurant license retroactive t o Jan ary 1 , 1977, for Shetland Hills , Inc , d/b/a Freddie Fudd 's Food and Fritter Fae o ry , 1001 We st Hampden Avene ue . Mr . Grabill answered the Coun il 's questions at length . Councilman Sm i h expressed con ern over the renewal because responsibility of application for renewal rested wi th Ward Foods even the ne w owner defaulted , he ho gh Councilma Sovern asked the As is ant i y Attorney De Witt if hetlan Hills , Inc . was he owner of record and was actually o bliged t o fie f'or a renewa a that time . Assis tan ity Attorney De Hi t replied that Shetland Hills , I nc . had an equi able interest in the business , The new owner default ed i n late Decemb er 1976 and Shetlan Hills , Inc . could not have filed for r e newal unti l a fter t hat time . Assistant City Attorney info rmed the Cou ncil hat there were alter natives to handling this request , Assistan ity Attorney De Witt stated that the Coun il could 1) reject the applicati on and allow Shetland Hills , Inc . make new application ; 2) allow the new buyer to make application ; or 3) wa ive the len th of ime and the public hearing required a nd allow the renewal for applicati on. COUNCILMAN SMITH ·10VED TO DENY THE LICEN E TO SH LAND HILLS , INC . D/B/A FREDDIE FUDD 'S FOOD AND FRITTER FACTORY , 1001 WEST HAMPDEN AVENUE , RETROACTIVE TO JANUARY 1 , 1977 . Councilman Clayton seconded the motion , Councilman Sovern stated hat since Shetland Hills , Inc . wa s not the owner of record and could not have applied for the license at the t i me a nyw ay • ) I • • ) n ,.. n - ( • • - September 19 , 1977 Page 3 coupled with the fact that holding a public hearing would b e time consuming especially when the location had previously been grant ed , h e wa s of the op ini on a licens e should be approved . Upon a call of the roll , the vote resulted as f ollows : Ayes : Nay s : Cou ncil Member Smith Cou nc il Member s Brown , Clayton , Wi lliams , Sovern , Mann , Taylor The Mayor declared the moti on failed . * * * * * * COUNCI LMAN WILLIAMS MOVED TO APPROVE THE APPLICATION FOR A HOTEL AND RESTAURANT LICENSE TO SHEI'LAND HILLS , INC . D/B/A FREDDIE FUDD 'S FOOD AND FRITTER FACTORY, 1001 WEST HAMPDEN AVENUE REI'ROACTIVE TO JANUARY 1 , 1977 . Co un cilma n Sove r n second ed the mo t ion . Upon a call of the ro l l. the vo te resulted as follows: Ayes: Nay s : Co unci l Members Brown , Cl ayton , Wi lliams , Sove r n , Mann , Taylor Cou ncil Member Smith Th e Mayor declared the motion carried. * * * * * * Councilman layton e xpressed dis satisfaction to the man ne r in which the mot ion wa s pas sed and stated tha even hough like approvals have been practiced in the past , the pro cess weak en s Cou ncil 's contr ol . * * * * * * COUNCI LMAN BROWN MOVED T O CHANGE THE ORDER OF THE AGENDA AND BRING FORTH ITEM 4 (b) WHICH IS RE OMMENDATION FROM THE PLA NNING AND ZONI!:G COMMISS ION MEEI'ING OF SEPTEMBER 7 , 1977 CONCERNI NG THE CHEROKEE KIVAS PLANNED DEVEL OPMENT TO BE CONSIDERED BY THE COUNCIL . Coun cilman Cl ayton s econded the motion . Upon a call of the r oll , t he vote resulte d as follows : Ayes : Nays : Cou ncil Members Br own , Clayton , Wi lliams , Sovern , Smith Mann, Taylor None The Mayor decl ared the motion carried . * * * * * * • I • • In • • Se ptember 19 , 1977 Page Director of Communlty Dev elopme n t Wa nu sh .1ppea r cd before rhe Co un ~il a nd review ed the p l an s , s aff a na lycis and t'~ recommen ation from t he P lanz:iing and Zo ning Commissi on , Direc t o r Wanush stated ~he planned develo pme nt c o.s iste d of 40 c ondominium units to be co nstr c ed at 3675 f'. Che r okee . The Plann i ng and Zoning Commission held a p ublic hearing on September 7 , 1977 and a pproved the planned devel opment . COUNCILMAN SMITH MOVED THAT THE RECOMMENDATION FROM 'IHE PLA NNING AND ZONING OMMISSION ON THE CHEROKE E KIV AS PLANNED DEVEL OP MENT BE ACCEPTED. Co uncilman Brown seconded th e mot ion . Upon a c a ll o f the roll, the vote r~sul ted as follo ws : ~es: Nays : Coun i l Memb ers Br own , C'layt.ori , Williams , So vern , Smith , Ma nn , Taylor None Th e Mayor declared the motion carrie d . ****** "Conununicati ons -No Acti on Rec omm e nded" on he agen da were rece ived : (a) Minutes o f the Library Board mee t ing of Aug s t 9 , 1977 , (b ) Minutes o f the Bo ard o f Ca ree r Ser vice Conunis sioners me eti ng of August 25 , 197 7. (c) Financial Report f or the month of Au us t , 19 77 . * * * * * * City Ma nager Mcco wn presente d a rec ommen dati on from t he Library Board recommendin g that the Englewood Library retain i t s memb ership i n the Central Colorado Library System with the new contract being from October 1 , 1977 th r oug h Sep tember 30 , 1978. COUNCIIJ-1AN CLAYTO MOVED THAT TH E CITY COUN IL APPRO VE THE EXTENSION OF THIS AGREEMENT FOR THE YEAR OF OCTOBER 1 , 19 77 THROUGH SEPTE MB ER 30 , 1978 AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AG REEMENT . Coun ci lm an Sovern se co nded the moti on . Upon a call of the r ol l , t h e vote re sulted as f ollows: ~es: Nays : Co ncil Members Br own , Clayton , Williams , Sovern , Smith , Mann , Taylor None The Mayor declar ed the moti on carried . ****** • I • • In n ( • September 19 , 1977 Page 5 • • • City Ma nager Mcco wn pres en t ed a recommendation from the Plann ing and Zonin Co mmissi on concerning the classification of So uth Santa Fe Dr ive , City Manag e r Mccown s tated that t he recormnendation from the Planning and Zo n ing Co mmissi on is that the City Council approve a Plan Amendment to the Regional Hi gh wa_y Plan that would downgrade the Santa Fe Dr ive Corrido r from a Limited Access Fa cility to a Principal Arterial between I -25 an d County Line Road , a dis ance o f approximately ten miles , COUNCI LMAN SOVERN MOVED THAT THE CITY COUNCIL RECOMMEND TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS THAT TH E CHAN GE IN THE CLASSIFI - CATIO , FOR SANTA FE DRIV E BE REV ISED FROM A LIMIT ED ACC:ESS FACILITY TO A PRI!i IPAL ARTERI AL , Coun cilman Mann seconded th e motion . ' COUNCILMAN SMITH REQUESTED TO AMENDMENT THE MOT I ON TO INCLUDED THE RECOMMENDATION AS SUB MITTE D BY THE PLANNING AND ZONING COMMISSION BASED ON THE FA CT THAT THE RECOMMENDATION DO ES INCLUDE SOME FR ONTAGE ROAD SHOULD IT BE DE3IRED TO ENCROACH SOME PO RTIONS OF THE ENGLEWO OD AREA . Councillnan So vern and Cou ncilman Mann approve d the additi on , Upon a cal l of the r oll , t he vote r esulted as follows: Ayes : Cou nci l Member s Brown , Clayton , Willi ams , Sovern , Smith , Mann , Teylor Neys: No ne The May or declared th e motion carried , ****** COUN ILMA N SOVERN MOVED TO APPROVE THE RENEWAL FOR A HOTEL AND RESTAURANT LICENSE FOR FIFTEENTH STREET IN C. D/B/ A THE WALDORF , 4 59 5 SOUTH SANTA FE DRIVE . Councilman Williams s e ended the motion . U on a call o f the r oll , the vote resu lted as follows : Ayes: Nays: Cou ncil Members Br own , Clayton , Williams , Sovern, Smith , Mann , Teyler None Th e May or declare d the motion carried, ****** City Manag er Mccown presented a memorandum fr om the Director of Public Works and the Director of Finance concerning the 197 7 Crosspan Replace- ment Program bids , City Manager Mccown stated that the Ci ty had budgeted • ) I • • - • Septemb er 19 , 1977 Page 6 • • • funds o correct certain crossings in the City . Bids were taken in August , but the bids were considerably higher than what the City had budg eted . Re -bi ds wer e taken in September with the low bid by Eby Co ntractor . Ci ty Man a ger McCown explained that Eby ontractor bid $14 ,895 which wa s still higher than the amounted budge ted ($13 ,625). City Manager :4cCown stated hat the recommendation from the Directo r of Finance and the Di r ector of Public Works is to eliminate the Bannock and Qu incy Crosspan; hereby , reducing the low bid to $13 , 8 .35 and staying wi thin the budget . COUNCILMAN CLAYTON MOVED TO ACCE THE BID FROM EBY CONTRACTOR , IN C. WITH THE DELETION OF THE BANNO K AND QUINCY CROS~PAN rn THE AMO UNT OF $13 ,448 .35 . Councilman Sovern seconded the moti on . Upou a call , f the roll , the vote resulted as follows: Ayes: Council Members Brown , Clayt on, Wi lliams , overn , Smith , .Mann , Taylor Nays : No ne The Mayor declared the motion carried . ****** City Manager McCown present ed a memorandum from the Director of Finance concerning he 1977 Audit Con ract . City M&nager Mccown sated that Ci ty Cou n i l had approved previom:ly one firm, in this case, Shepherd and omp any f o r a term of three years to do the City A' dit with each annual contr act approved by C unc i l. City Manager Mcco wn st t ed he contract is the last o n e ending the three year period with Shepherd and ompany . City Ma nag e r Mccown explained the c ontract is f o r $23 ,50 0 , the maximum amount chargeable , and an increase o f $3 ,00 0 ove r 1976 , b t the amount could be reduced if less time is required . City Manage r Mcco wn f ur th e r explai ned that the increase is due to new programs that have not been aud ite d prior t o this year and t o he increased o ffice costs incurred by Shepherd and Com pany during the audit . COUNCILMAN MANN MOVED TO AWAR D THE CONTRACT TO SHEPHERD AND COMPANY FOR THE AMOUNT OF $23 ,500 FOR THE AUDIT THIS YEAR . Councillnan Smith seconde d the motion . Upon a call of the r oll , the vote resulted as f ollows : Ayes: Co ncil Members Br own, Clayton, Williams , Sovern , Smith , Mann , Taylor Nays : None The Mayor declar ed t he motion carried . ****** • I • • ( • - September 19 , 1977 Pag e 7 INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO , 23 SE RIES OF 1977 AN ORDINANCE APPROVING A RIGHT -OF-WAY AGREEMENT BETWEEN MELVIN J, DENNING AND VERLA N, DENNIN G AND THE CONTIN ENT AL NATIONAL BANK ( GRANT ORS ) AN D THE CITY OF ENGLEW OOD ; AUTHORIZING THE EXEC UTION AND DELIVER Y OF CERTAIN REAL PR OPERTY AS DESCRIBED HEREIN ; AND AUTHORIZING AND DI RECTING THE MAYOR TO EXECUTE SAID AGREEMENT AND CONVEYANCE ; AND DIRECTING THE DIRECTOR OF FI NAN CE TO AT TEST THE SAME , COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO , 23 , SERI ES OF 1977 ON FINAL READING , Councilman Mann , seconded the motion , Upon a call of t h e r oll , the vote resulte d as follows : Ayes : Co uncil Memb ers Br own , Cl ayton , Williams, Sovern, Smith , Ma nn , Tay lor Nays: None The May or declared the moti on carried , * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHOR I TY ORDINAN CE NO , 21 SERI ES OF 1977 AN ORDINANCE AMENDING SUBSECTION (a ) OF SECTION 16 , CHAPTER 3 , TITLE XV OF THE 1969 ENGLEWOOD MUNICIP AL CODE , BY R~UIRING THE OWNERS OF ALL PROPERTY HAVING CONNECTION TO THE CITY WATER SUPP LY TO INSTALL APPRO VE D WATER MErER S UPON THE SALE, TRANSFER , OR CHANGE FROM RESID ENTIAL TO COMMERCI AL OR IN DUSTRIAL USE , COUNCI LMA N WILLIAMS MOVED TO POSTPONE THE FINAL READING OF ORDINANCE NO , 21 , SERIES OF 1977 AND THE CONSIDERATIO N OF THE ENT I RE WATER IMPROVEMENT PROGRAM UNTIL NOVEMBER 28 , 1977 AT 7 :00 P .M. AT A SPECIAL COUNCIL MEETING, Counc ilman Sove rn seconded the motion, Upon a call of the roll , the vote resulted as follows : Ayes: Cou ncil Members Br own , Clayton , Williams , So vern, Smith , Mann , Taylor Nays : None The May or declared the motion carried , ****** • I • • n - • • • - September 19 , 1977 Page 8 INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINAN CE AP PROVING AN AMENDED AGREEMl'.~NT BEI'WEEN THE CITY OF ENGLEWOO D, CO LORAD O AND THE ENGLEWOOD HOUSING AUTHORITY RELATI!IG TO THE HOUS ING REHABILITATION LOAN PROGRAM POLICIES AND PROCEDURES , as follows: READING . OUNCILMAN MAHN •lOVED TO PAS S THIS HILL FOR AN ORDI NANCE ON FIRST o uncilman Williams seconded the motion . Upon a call o f the r oll , the v ote resulted as f ollows : Ayes : Council Members Br own , Clayton , Williams , So vern , Smith , Ma nn , Taylor Nays : none The Mayor de c lared the moti on carried. * * * * * * RESOLUTION NO . 40 , SERIES OF 1977 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGE.'1', City Manager McC own stated that some correcti ons we re to made on this resolution . City Manager Mccown stated that under Sec ion 1 . Source of Funds , Fund Balance , the figure should be $19 ,000 ins tead o f $15 ,000 ; under Section 1 . Appropriations , Fire , the i ure should be $14 ,000 instead of $10 ,000 and under Section 1 , Appr op riations , Total , the figure should be $19 ,000 instead of $15 ,000 . COUNCILMAN BROWN MO VED TO PASS RESOL UTION NO. 40 , SERIES OF 1977 . Co uncilman Smith seconded t he moti on . Upo n a c all o f the roll , the vote resulted as follows : Ayes: Council Members Brown, layton , Williams , Sove rn, Smith , Mann , Taylor ~ays : !l one The Mayor decalred the moti on carried . * * * * * * COUNCILMAN SO VERN MOVED TO POSTPONE THE APPOINTMENT TO THE REHABILITATION LOAN COMMITTEE UNT IL THE NEXT REGUL AR COUNCIL MEETING ON OCTO BER 3 , 1977 AT 7 :30 P .M. Councilman Clay t on s~conded the motion. Upon a call o f the r oll , the v ote resulted as f ollows : • I • • - ( ( \ \, September 19 , 1977 Page 9 • - Aye s: Council Member s Br own , Clayton , Williams , Sovern, Smith , Mann , Tay lor Nays: Non e The Mayor dec lare d the motion carried . ****** City Manager McCown presented the propos ed budget for 1978. City Ma nager McCown stated that the proposed budget fo r 1978 is a status-quo budget for $13 ,496 ,111 and that the budget is a decrease over 1977 as a result of several pro jects being completed . City Manager informed the Co unci l that suppl emental requests wil l be submit ted befo re Friday , September 23 , f o r Council 's considerati on . COUNCILMAN SOVERN MOVED TO RECEIVE THE 1978 PROPOSED BUDGEr . Council- man Clayton seconded the moti on . Upon a call of the r oll , the vote resulted a s f ol lows: Ayes: Coun ci l Members Br own, Clayton , Wi lliams , Sovern, Smith , Mann , Taylor Nay s: None The Mayor declared the motion carr ied . * * * * * * City Manager Mccown transmitted a memor andum f r om Director of Public Works Kells Waggoner concerning the CH2M Hill Water Report fo r information purposes . Coun cilman Sovern stated that th e r eport was CH2M Hill 's evaluation and assessment of the allocation of water rights involving a segment o f the City Ditch pipeline . ****** Donald Mar shall, 6059 S . Atlantic Street, Littleton , appeared before the Council and requested t he Cou ncil t o reconsider the zoning at 3270 -328o S . Ba nnock the area in which his office is loc ated . Mr. Marshall requested the Counci l to reconsider a proposed planned de ve lopment that he wou l d submit on the property an d assured the Council that he would go thr ough the Pl anning and Zo ning Commission and a Public Hearing . COUNCILMAN SMITH MOVED THAT THE COUN CIL RECONSIDER A PROPOSED PLANNED DEVELOPMENT PROVIDED TH AT MR . DONALD MARSHPJ,L PROVIDE THE PROPOSAL WITHIN 90 DAYS . Councilman Brown seconded the motion . • ) I • • • - eptember 19 , 1977 Page 10 Cou ncilman Sovern pointed ont that a PD is overlying zoning n<l querie the poin that before Mr . Marshall can ~!b. it a propo,al he has o have the type o f z on ing ne essary and in -,his case 1 bu ine s zcning which he does not have . Councilman Smi t h s t ate d tha it was h i ~ unders anding tha Mr . Marshall may include a r eques t for '"he zoning if' c r der to , omo,lat,P lli..; proposed PD and unless the Council reconsiders th e re:wninf , the Corneil can n ot hear the proposal . Assistant ity Attorney c on urrcd with ,'unC'ilman Smi h I r, ~ mr.JP!lt . Up on a call o f the rol l , the vote resulted ar ~nllows: Ayes: oun cil Members Brown , layton , ,liJ.liWllf", Scv rn , rnith , Mann , Taylor Nays: None The Mayo r d eclared the moti on car ied . * * * * * * Mayor Taylor a nn ounced ha he Mayor 's rorfee wil~ be Th rs day , Sept ember 22 , 1977 at 7 :30 P .M. * * * * * * COU!1CIIJ.1A!l MAJII MOVED THA'l' ,\ f,E'I''T'F.R BE WRlT'rE 'T'Q "'HF "MIGHTY o • r THANKING THEM FOR PARTICIPATING IN THE SOFTB ALL GAME . Councilman Clay en seconded the motion . Upon a a ll of the r oll , the vote resulted as follows : Ayes : Council Members Br own , Clayt on , Williams , Sovern , mith , Mann , Taylor Nays : None The Mayor declared the motion arried . ****** COUNCILMAN MANN MOVED TO DESIGNATE APPROPRIATE APPOINTMDITS 70 TH r WATER AND SEWER BO ARD THOSE BEING MR , MEREDITH W. FEAMSTER REPLACI'.,G MR . HAYES TO SERVE OUT THE TERM UNTIL FEBRUAR Y 1 , 19 82 AND MR, RUDDY WITTHUS REPLACING HARO LD BAB COCK TO SERVE OUT THE TERM UNI'IL FEBRUARY 1 , 1978 . Councilman Smith seconded the motion . Up on the call o f the r oll , the vote resulted as foll ows: • ) I • • n ,.. ( ( • • • September 19, 1977 Page 11 Ayes: Nays : Council Members Brown , Clayton, Williams, So vern, Smith, Mann , Tay lor None The Mayor declared the motion carried, * * * * * * COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO SET UP AN ORDINANCE TO REQUIRE THE VISITOR SECTION OF THE AGENDA TO BE PLACED FOLLOW - ING THE PRE-SCHEDULED VISITOR SECTION . Councilman Smith seconded the motion . Upon a call of the r oll, the vote resulted as follows : Ayes: Nays: Council Members Brown , Clayton , Wi lliams , Sovern , Smith , Mann , Taylor None The Mayor declared the motion carri ed . ****** Councilman Sovern requ ested progress reports on the Littleton Fire- Littleton City stations contacts an d the Disaster Preparedness Plan at the next meeting. * * * * * * Mayor Taylor announced for news and publicati on purposes for the Sentinel reporter present that nomination petition packets for the upcoming election wi ll be available September 23 , 1977 through October 14 , 1977 at Ci ty Hall . * * * * * * Councilman Br own stated that he has requested the City Attorney 's offic e to compose amendments to two different ordinances defining the kinds of animals that can be kept in the City of Englewood in one ordinance ; and restricting the length of house trailers allowed to park on residential property in the other ordinance. ****** Councilman Mann requested the Assistant City Attorney to research and review the possibility of composing an ordinance restructuring the member- sh~p on the Water and Sewer Board . * * * * * * • I • • In - • September 19 , 1977 Page 12 • • - CO UNC ILMAN WILLIAMS MOVED TO A OURN THE RF.GULAR CO UNCIL MEETI NG . Cou ncilman Sovern seconded the motion . Upon a call of the roll , t h e v ote resulted as follows : Ayes : Nays : Council Member s Br own , Cl ayton , Williams , Sovern , Smith, Mann , Taylor None The Mayo r declared the motion carried , and the meet i ng adjo urned at 9 :20 P .M. • I • • D City of Eng lewood From the Office of the Mayor JA MES L TAYLOR • • • 2 L' --------- ( ( CITY COU NCIL David B. Clayton , Mayo r Pro Tern Howard A. Brown Ve rn Mann 3400 South Ela t i Street Englewood .Colorado 60110 Phone (303) 761-1140 Donald L A. Smith Douglas T. Sovern Donald W W1I Iiams P R O C L A M A T I O N • WHEREAS, the Englewood Business and Professional Women's Club and Englewood Centennial Business and Profess ional Women's Club strive to elevate the standards for women in business and in their professions, as well as to promote the interest of business and profe ssiona l w9men; and WHEREAS, the Clubs strive to bring about a sp irit of cooperation among business and professional women of the United S t ates , and extend opportunities to business and professional women th r ough educa tion along t he lines of industrial, scientific and vocational activi ties. NOW THEREFORE, I, JAM ES L. TAYLOR, Mayor of the City o f Englewood, Colorado, do here by proclaim the week of October 16 -22, 1977, as NATI ONAL BUSINESS AND PROFESSIONAL WOMEN'S WEEK irr t h e City of Eng l ewood, Colorado , and urge all c i tizens to j o in in t he obse rvance by giv ing their support to the Clubs and their me mbers, not only during this week, but through the weeks tha t follows. 1977. GIVEN UNDER MY HAND and SEAL this 3rd day of October, JAMES L. TAYLOR, MAYOR AT TES T: e x officio City Cl erk-Treasurer • ,,. I • • n • • • • MEMORANDUM TO: City Manager Mccown FROM: Richard S. Wanush, Director of Community Development DATE: September 27, 1977 SUBJECT: Appeal of Planning Commission Decision It is my understanding that Mr. John J. Littlehorn has asked to be on the City Council agenda at the October 3, 1977, meeting to appeal the decision of the Planning Commission relative to a rezoning application which was considered at a Public Hearing on September 20, 1977. The application which was considered by the Commission was filed by Mr. Littlehorn and James and William R. Jackson. It was concerned with the rezoning of the following described property from R-1-C, Single-family Residence, to R-2-C, Medium-Density Residence: "Beginning at a point 99 feet West of the NE corner of the NW 1/4 of the NE 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M.; thence West along the north line of Section 9, a distance of 230.8 feet; thence South a dis- tance of 330 feet; thence East a distance of 230,8 feet; thence North a distance of 330 feet to the point of beginning, containing 1,75 acres, more or less." The Planning Commission voted to not recommend the rezoning to the City Council following the Public Hearing on September 20th. The staff report and the excerpt from the Commission Minutea are attached for the information of the City Council. RSW/DAR/gw • I • • - I ( STAFF REPORT Page -1- STAFF REPORT RE: • • REZONING APPLICATION Case #14-77 Rezoning request for a change from R-1-C, Single-family Residence to R-2-C, Medium Density Residence. DATE TO BE CONSIDERED: September 20, 1977 NAME OF APPLICANT: John Littlehorn 4530 South Broadway Englewood, Colorado 80110 NAME OF PROPERTY OWNERS : Parcel No. 1: John J. & Marie O. Littlehorn 4530 South Broadway Englewood, Colorado 80110 Parcel No. 2: William R. & James W. Jackson Route 5, Box 4 Evergreen, Co lorado 80439 Parcel No. 3: Midwest Real Estate Exchange, Inc. P, O. Box 1749 Evergreen, Colorado 80439 Parcel No. 4: Seventh Day Adventist Association of Colorado c/o Mrs. Rosa Lee Banks 1296 W. Quincy Englewood, Colorado 80110 RELATION OF APPLICANT TO REQUEST: Mr, Littlehorn is the owner of a portion of the land for which the rezoning is sought and has included the remainder of the property in an effort to make possible an orderly development of the area which is adjacent to an industrial area. He has requested the change of zoning from R-1-C, a Single-Family Residence , to R-2-C, Medium-Density Residence. Under the present zoning ordinance, it is possible for an applicant to include land in his rezoning application even though he has no legal interest in the land, • I • ( ( ST AFF REPORT Page -2- LOCATION OF PROPOSAL: • • REZONING APPLICATION Case #14-77 The property is in an area south of West Quincy Avenue and west of South Lipan Street. See enclosed vicinity map. The property is legally described as f ollows : "Beginning at a point 99 feet West of the NE corner of the NW 1/4 of the NE 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M.; thence West along the north line of Section 9, a distance of 230 .8 f eet ; thence South a distance of 330 f eet ; thence East a distance of 230.8 feet; thence North a distance o f 330 f eet to the point of beginnins, containing 1 .75 acres, more or less." PRESENT ZONE DISTRICT: R-1-C, Single-Family Residence District. (Minimum f ron t age of 50 feet per unit.) REQUESTED ZONE DISTRICT: R-2-C, Medium-Density Residence District. (Minimum frontage of 50 feet per two units.) DESCRIPTION OF THE REQUEST : Mr. Littlehorn is requesting rezoning of the subject property which adjoins the I-1, Light-IndUstrial Zone District on the East, from R-1-C, Single-Family Residence, to R-2-C, Medium-Density Residence. The reasons given by the applicant for the rezoning request is that: 1. The R-2-C Zone District will provide a better buffer between the single-family area to the east and the light industrial uses to the west. 2, There is a demand and need for R-2-C zoning in the City. 3, The land is not useable for single-family parcels dUe to the lack of suitable road access. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT : The Department of Community Development recommends approval of the rezoning of the following described area from R-1-C, Single-family Residence zoning to R-2-C, Medium Density Residence Zone District, under the authority • I • ( ,, ( STAFF REPO RT Page -3- • - REZONING APPLICATION Case #14-77 grant ed to the Commission by §22,3-2 of the City of Englewood Comprehensive Zoning Ordinance , "Beginning at a point 99 feet West of the NE corner of the NW 1/4 o f the NE 1/4 of Section 9, Towuship 5 South , Range 68 West of the 6th P .M.; thence West along the north line o f Section 9, a distance of 230,8 feet ; thence South a distance of 330 feet; thence East a distance of 230,8 f eet; thence North a distance of 330 feet to the point o f beginning, containing 1,75 acres, more or less." that: This recommendation is based on the findings 1. The rezoning would be compatible with the intent of the Comprehensive Plan to retain the area for residential development. 2, The R-2-C area would serve as a buffer between the I-1 Light Industrial area to the west of the subject area and the R-1-C, Single-Family Residence District to the east, 3, The increase in density would make the area more financially feasible for development in view of the necessity of having to provide internal access to the units, DESCRIPTION OF SUBJECT AREA AND THE ADJACENT AREA : The application covers an area of 1.75 acres and is located on the southwest corner of West Quincy Avenue and South Lipan Street, extended, in an R-1-C, Single- Family Residenc e Zone District. It consists o f four subdivided parcels, one of which is vacant ; the other three have been used as residences and small farms , Under the Comprehensive Zoning map, all zoning breaks at the centerline o f public rights-of-way so the R-2-C District would extend to the centerline of West Qu incy Avenue , There are existing single-fa mily reside nces on three si des of the site: a residential are a on the south which was subdivided and developed s oo n after the are a was annexed between 1956 and 1961 ; new houses on t he eas t, built by Mr. Lit t lehorn , t he applicant; and an older residential area across West Quincy Avenue to the Nor th. • I • • ( ( STAFF REPORT Page -4- • • • REZONING APPLICATION Case #14-77 The largest of the four parcels, shown as Parcel No. 4 on the attached map, has only 15 feet of frontage on West Quincy Avenue, to allow for an access road; it is this access road and the west property line of Parcel No. 4 which abut the I-1, Light Industrial zone District. The other two parcels also have their only access and fr ontage on West Quincy Avenue. The Jackson Brothers' property, shown as Parcels No. 2 and 3, each have 74.4 feet of frontage on Quincy, and Mr. Littlehorn's property, Parcel No. l, has 67 feet of frontage on West Quincy Avenue. West Quincy Avenue is designated as an arterial and a truck route through Englewood and carries a large volume of industrial traffic, as well as serving the residential areas. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: The subject site was at one time a cow pasture, and part of a small farm property. The buildings within the area were constructed prior to annexation and no building permits have been issued by the City for this property since it was annexed. In 1972, the industrial use (Sinton Dairy depot) on the west side of the area, was required to put in a 20 foot planted screen to separate that use from the residentially-zoned subject site. The approval of a Subdivision Waiver by the Planning and Zoning Commission on February 19, 1975, and an amendment to that waiver on April 22, 1975, was granted to Mr. Littlehorn enabling him to divide his land into five residential lots and one large parcel, which parcel is now included in the subject application. See Parcel #1. A request for rezoning the subject site to I-1, Light Industrial, was made in June, 1976. This request was not approved by the Planning and Zoning Commission. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The generalized Land Use Map in the Comprehensive Plan shows the subject property to be on the periphery of the residential area with industrial land to the west. • I • • - ( • ( • STA FF RE PORT Page -5- • • • COMMENTS FROM OTHER DEPARTMENTS: REZONING APPLICATION Case #14-77 The Public Works Department has notified the staff that it has no objection to the proposed zoning , and no objections have been received from the other departments or agencies, Mountain Bell Telephone has notified the Department that they have no objections to the proposed rezoning, DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS : As a small farm and pasture area, the subject site became an isolated spot as residential subdivisions were developed around it, and later industrial develop- ment occurred on its west border. The residence and barn at 1296 West Quincy Avenue is located on the largest of the parcels and has access to West Quincy Avenue only by way of a 15 foot-wide roadway on the west side of the site, This parcel would be dif f icult to develop for any use without the cooperation of either or both of the owners of the other parcels. The lack of access and limited frontage on West Quincy Avenue for any of these parcels discourages development for single-family use, In order to use the land to its full potential, the flexibility allowed under the Planned Development Ordinance will be needed. Residential use has been given a high priority by the City of Englewood. The future development of these properties for this use is more likely if the two-family development is permitted, • I • • • • - ( PARCEL DIVISION OF AREA IN REZONING REQUEST -,, ~ ~ ... ( • _--Poinf of 8:gin l ng l WEST OUIN~Y_AV_E_N_UE ____ "'-=i·--.. 99 --+ I NE Com¥ of NW 1/4 of 1'4.4 1'4.4 "PARCEL NO. 3 " "PARCEL NO. 2 " "PARCEL NO. 4 .. !C .8' z,a11 DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF ENGLEWOOD, COLORADO 9-1 -77 IIY • -~ I Nwt/4, Stt.9, r$S, R68w I 61' --·· .• PARCEL No.1 • l NO RTH SCALE , , ... so·· ~ I . • I • _, C , . J I "U I . ·""; ..... ...... ··-· • • ,· - .,;• I . • • - ( • • • - CITY OF ENGLEWOOD PLANNIN G AND ZONING COMMISSION September 2 0, 1977 I. CALL TO ORD:Z R , The Regular Meeting o f the City Planning and Zoning Commission was called to orde r by Chairman Pierson at 7:00 p,m, Members present : Wade, Williams, Lathrop, 0-Nens, Parker , Pi e rson, Smith, Draper, Ri c hard Wa nu s h, E~-officio Members absent : Tanguma Also pre s ent : D. A, Rom a n s , Assistant Director of Community O~velopment; Steve House, Associat e Plann e r, II. APPROVAL OF MINUTES, Chairman Pier~on stated that the Minutes of the September 7, 1977 meet ing we r e to be considered for approval. Park e r moved : Smith seconded : Th e Minutes of the Septembe r 7, 1977 meeting b e approved as written , AYES : Lathrop, o~ens , Parker, Pierson, Smith NAYS : None ABSENT : Tanguma ABSTAINING: Wade, Dr aper, Williams Th e motion c a rried. III. LITTLEHORN RE ZONING, CASE #14-77 Chairman P i erson stated that the Lit t lehorn Rezoning Application i s b efor e th e Planning Comm ission f o r Public Hearing, Park e r mov e d : Ow e n s seco nded : Th e Publ ic He a r ing for the Littlehorn Rezoning App l ica tion be ope n ed , AYES : Wad e, Williams , La th ro p, Owens, Parker, Pierson, Smith, Dr aper NAYS : Non e ABSENT : Tanguma Th e motion carried . • I • • n n -• • -2- Chairman Pierson s pok e on the items the Pl anning Commission considers b efore a r e z 0n i og decision is mad e: 1, That there is a possib ility a mista k e h as been made i n the original z0ning o f an area . 2 . That there have be en significant changes in the a rea wh ich may call for a rez0ning o f the area. 3 . That an individual has b een d e n ie d the U5e of t he i r l a nd. 4. That the area to be rez0n ed covers at least one city b lock. 5, That proo f has been brought before the Co mmission that there is a n ee d f o r an expansion o f tne particular z one classification. 6 . That the r ezonin g would be in compliance with t he Master Plan. Chairman Pier son cit ed the King's -Mi ll Hom e o ~ner's Association v. The City of We3 tmins t e r Case which was h e ard in Dacember o f 1976 and pub lish ed in Colora do L a wyer in February of 1977 . "In its f indings, the Court ruled that the standard for acceptance of the ch a nge (in z oning] was whether the proposed zoning action was in comp lian ce with th e Master P l an [also known as the Comprehensive Pla n ). In which case, the action n ee d only relate to the ge n eral we lfare of the community. Where the rezoning was in violation of the Master Plan, the Court ruled that there mu st be some change in the conditions of the n eig hborhood to support the zoning change ." "The p ow er to impo se conditions on r e zon i n g is an exercise of the police power and s uch conditions ar e valid as long as they are reasonably concei ve d." Conditio ns can b e imposed "to make the cha n ge from residential to commercial us e a smooth transit ion." "In determining wheth er spot zo ning is involved , th e test is whether the change in question was made with th e purpose of f urthering a Compreh e nsive Zoning Plan or designed me rely to reliev e a particular property from the r e strictions o f the zoning regulations." The Chairman went on to clari fy that th e Commission had not determined wh e ther this was spot zoning in as much as further t estimony in this hearing was yet to be heard • • ) I • • ( • • • -3- Mrs . Pierson then explained that the general format to follow in the r e zo ning o f a n area is: 1 . A staff report is presented by the Community O~v e lopment D,~partment . 2. A statement f rom the applicant is received. 3. The floor is made open an d statements and comments are taken from those in attendanc e . Tanguma arrived at 7:10 p .m. and was seated with the Commission . Chairman Pierson asked that, at th is time, the Commission hear the staff repor t regarding this application from Mrs. Dorothy Romans. Mrs. Romans was duly sworn in and testified that the case being presente d f or the Commission's decisio n, Case #14-77, John J. Littl e horn Re z oning Application, is an application to rez on e th e following described area from R-1-C to R-2-C: "Beginning at a point 99 feet West of the NE corner of the NW 1 /4 o f the NE 1 /4 of S e ction 9, To wnship 5 South, Rang e 68 West of the 6th P .M .; thence West along the north line of S e ction 9, a distance o f 230.8 feet ; thence South a distance of 330 feet; thence East a distance of 230.8 feet; thence North a distance of 330 feet to the point o t beginning, containing 1.75 acr es, more or less." The property has been posted a nd a notice of the hearing appeared in the 31st of August issue of th e En g lewood Se ntinel. The parcel is in four separat e ownerships shown in the Staf f Re por t . The maps were available for the view of the audience and t he Comm ission. Parc e l 1 is owned by Mr , Joh n Littlehorn . Pa rcel 2 is owned by William & James Jackson , Parcel 3 is owned by the Midwest Real Estate Exchange, Inc, and Parcel 4 i s owned by the Seventh Day Adv e ntist Association of Colorado c /o of Mrs. Rosa Lee Banks. Mrs. Romans stated that it is possible for one person to inc lude other land in his ap p lication wh en applying f or r e zon i ng. Sh e pointed out the subject area on th e Comprehensive Zonin g Map on the Council Chambers wall . The subject proper ty is in an R-1-C, Sing l e -Family Residence Zone District. Imm ediately to the west, the land is z,Jned I-1, Light Industrial. The ar e a being considered for rez0ning is 1,27 ac r es . Th e proposed rezoning is to R-2-C, Me dium • I • • -• • - -4- D~nsi ty Di strict . This Distri c t permits a sing l e or two- f amily dwelling unit ; a triplex or a f ourplex cannot be built in the R-2-C Zone District , The staff is cons ider ing this spe c i fic zone as a "buffer" zone b etween the I-1 District to th e west and the R-1-C Dis trict to the east. l)Q r othy Romans submit ted several photographs o f the sit e to the Commission. Mrs. Romans further stat e d that this type of zoni ng, Medi um D~nsi ty, would be in compliance wi th the Comprehensive Plan , The ma tt er was ref e rr ed to City departm e nt s and the Public S e rvice Company and Mountain Be ll. No obj e ctions to this rezoning have been received. The property bein g considere d ha s not been sub divided and before it can b e developed, subdivision plat must be consider e d. How e ver, a t this h e aring , we a r e o nly co ~s ider i ng the r ezoning of t n is property, Mr. Larry Ow e n s questioned whether Mr . Littlehorn was required to g o to t he Board oi Adjustment. Mrs. Romans responded that h did n ot have to, but did so to request a variance to build on a 5 10 0 square f oot lo t on h is property rather than on the required 6000 square f oot building site. Mr. Owens further asked ii the proper ty can be divid e d into f our parce l s and still have a minimum of 6000 square foot lots. Mrs. Romans answered that it was doub tful this would be Possible. An acces s t o the property would have to be provided by Mr. Littlehorn. Mr . Chalmers Parker asked about the 15 f oo t access onto Quincy Avenue from Parcel #4 . Mrs. Romans st ated that this is an access to the property on which Mrs. Banks lives. It is not designated as a r ight -o f -way ; rat her , it is a private road. Mr. Tanguma as ke d if ther e is right -o f-way on the south side of the prope rty ? 0 .)rothy Hom ans answered that i t is not a right-o f -way ; but an easemen t. Chairm~n Pierson called for a statement fr om the applicant, Mr. John J. Littlehorn. Mr . Littlehorn wa s duly sworn in. Mr . Littlehorn stated that he fe l t that the proposal was thoroughly covered by Mrs. Rom a n s. He has e xamined the area and found this is th e bes t and possibly the only thing to do to be fa ir to future purchasers of the property and to those who own th e adjacent property. S e v er al neighbors were stated as being in favor o f the rezoning . • ) I • • - ( • • • • -5- Mr. Smith questioned whether the applicant had any access to the east. Mr. Littlehorn stated that he does not but that he would like to submit a proposal f or a private road an d an easement aiong the south side o f the home at 4335 South Lipan Street for the Fire Department. Mr. Smith also asked if Mr. Littlehorn intended to break up this property into three 6700 foot parce ls. In answer, Mr. Littlehorn stated that he would like to build duplexes and that he would only break up the property if there was a condiminium complex breakdown. Under the present zoning, Mr. Littlehorn felt that he could only build one house on the property. Chairman Pierson asked if any one else would like to comment on the r ezoning application. Mrs. Banks asked whether a letter has been received from the Seven th D3y Adventist Church. Mrs. Romans answered that none had been received by her of fice . There were no persons in attendance at the Hearing who spoke further in favor of the rezoning. Chai rman Pierson asked if anyone would like to speak in opposition to the rezoning application. Mr. Steve Meyer, 4330 South Lipan was duly sworn in. He stated that he is not opposed to Mr. Littlehorn developing the lan d . His main objection is the parking situation that may result from the increase in the housing situation. He does not want the increased traffic near his home. Mr. Merle Doan, 1201 W. Radcliffe, was duly sworn in. He also stated that he is not against Mr. Littlehorn developing the land. Mr. Doan did not like to see so many houses built is such a small area. The area is already too congested and there is only a n a rrow access road into the property. Mrs. Wade said that the way the property is built up now, it would only leave Quincy Avenue as an access to the property. She wanted to know whether this was correct. Mr. IAJan said this was so. Mrs. Pierson asked Mr. Littlehorn i f he had a right-of-way through his property. Mr. Littlehorn answAred that it would be strictly an easement on the property and the emergency access to South Lipan Street will be locked and be used only by the Fire D3 partment. • I • ( • • • ,· - -6- Mrs. Banks again questione d wh ether a n ythi n g written had bee n received from the Seventh Da y Adven ti s t Ch urch. Mrs. Rom a ns said the staff had not receiv ed an ything from them, but t h e Church was mailed a copy o f the S t a f f Report. Mr . Littlehorn said that he spoke to th e Secre t ar y o f the Church Tr e asur y in the latter part of last week an d was told t ha t the Church is not in a position to take a s t and in t his matter. Mrs. Banks is the trustee for the prope rty and she has the final say in the matter. Mr. Owens requested tha t Mr . Li t tl e horn explain exactly what he had in mind. Was he going to d e velop only his propert y or the whole parcel ? Mr. Li tt l e h orn answered that h e will only be developing his own p r o per ty. The Jacksons would also like to have the rez o ning and had included their n a me on the application. Mr. Smith commented that it was st a t ed i n th e Staff Report that this section would be a "bu ffer". To h im, i t looke d like "spot zoning". Mr. Richard Wanush replied that the Commission has to decide wheth e r this is spot zoning or not. The critical element is th e a b i lity to develop the land. The greatest issue i s i f ther e is a good chance for Mr. Littlehorn and the other owners to d e velop their property under the present zoning. Mr. Tanguma asked what side o f this parcel did Mr. Littlehorn propose the street would be on. Mr. Lit t lehorn stated that he would like the drive to curv e across the property. The road would possibly be of gravel. There being no further testimony, Chairman Pierson asked it there would be a motion to clos e the hearing. O"Nens moved: Smith seconded: The Public Hearing of Case #14-77, John J. Littlehorn Rezoning Application, be closed. AYES: Wade, Williams, Lathrop , o~ens, Parker, Pierson, Smith, Tanguma, Draper NAYS: None ABSENT: None The motion carried. Williams moved: That the case cited by Mrs. Pierson, King•s- Mill, be struck f rom th e record. No second. Motion died for the lack of a second to the motion. • I • • ) ( ( • • • • -7- Smith moved : Williams seconded: That Ca s e #14-77, John J, Littlehorn Re zonin g Application, be denied, Mr. Smith stated that this is a unique property arrangement and the City would b e an R-2-C District right in the middle of an R-1-C District. I f t h e R-2-C District is proposed as a "buffer ", it should run th e l e ngth of the entire I-1 District. The property could be developed as it is even though it is unusual. Mr. Owens concurred with Mr. Smith, It is a unique area; but it does have possibilitie s. Howev e r, he doesn't know if the requested zonin g would permit th e highest possible use of the property. Possibly something else could be worked out at a later time. Mrs. Wade stated that if the whole area is going to be developed, it is one thing . But, if you have a piece meal development, some one will b e unabl e to use their property. Chairman Pierson f elt that it would be easier if all the property own e rs were to go ahead with a planned development proposal. Mr. Littlehorn i s certainly deprived of his use of the property he owns and t h e r e zoning is agreeable with the Comprehensive Plan. Mr. Tanguma objected to the rezoning because it seems to be a "little island". He f or e saw problems that would develop in the future. Mrs. Pierson stated that it is such an odd piece of property. She does not think it could b e r e asonabl y d e veloped as a single family dw e lling, Mr. Smith stated that good n ego t i at ions are needed to put the parcels tog e ther and deve lop the property. This, in turn, would encourage cooperation be tween the neighbors. A reading of the motion wa s ca lle d . AYES : Wade, Williams , La t h ro p, Owens, Parker, Pierson, Smith , Tang um a, Dra p e r NAYS : None ABSENT: None The motion ca rr ied. Chairman Pierso n g ran ted a shor t recess before the meeting continued. • I • • ( ( • • • - 4 A Ml UTES C'OU CIT. MEETI NG DENV ER REGIONAI COUNCIL OF GOVER M I: TS AUGUST l 7, 1977 Present: Jam es J. Nolan, Vi ce -C hairman Fre d Allen John G. Campbe ll George Cha nd l er Robert F. C lem e nt W illiam Cobern Ro land Co le Ha rold V. Cook Dori s Durdy Ruben Hartme i ster Pa u la Hertzmark Beth Je n kins Jack Klnstl!nger Maggi Marke y Charle s A. Pitts Michael Sc ho n b rg Norman A . Smith Lu Ella Terry Thoma s G. Thomas Arthur Tic e Je rro ld W. Todd Robert Trenka Alfred Vitt Al so Present: C ity and C'ou nty o f D n ver C ity o f W es tminste r Adams County City o f Lo ngmo nt Jeffe rs o n County C lty o f Aur o ra Comm e r ce C'i t y C ity a n d Cou nt y of De nver C ity of Br ig h o n City of Golden I:x ec . Di r . , Dept. o f Lo cal Affa !rs C he rry Hil ls Vlll age Exec . Dir. , DP pt. of Highways Bou ld e r C'oun y Arapahoe C'0un y C Jty of Th;,rn on C ty rif AroomflP l d r 1ty of Glendale City of Arv• d,1 Tow n of f'.·cl£>ral He lqhts City of ShPriian Ci y of Bnu ldcr City of Gn,~nw·)od Village C he r yl Sig n s , W es tmi ns t e r ; Pa t ricia Thors bcrg, Metro Denv er I.eague of Wome n Voters ; Ray McNe ill, Me ro Sew age Di strict; Jim hepMd, C'ity of Thornton; Barbara WiJliam son, Regional Transpor ati0n Dis t r i ct; John Morehead The Denver Post; Rober D. Farl"Y, Execut ive Dir ector , DRCOG; and v ri o u s me mber o f the DRC'OG St aff . Vice Chai rman N o lan c all ed t h e meeti ng t" rd e r a t 7 :40 p .m. Ro ll wa s c alled and a q uorum d Pc l a red prcse n . • I • • In ~~ _· -n • COU NCIL MINUTE S AUGUST 17 , 1977 Page t w o Minutes of July 20, 1977. • • - Council on motion by, 'r. (' ~ment, supported by Mr. Cole, unanimously pproved the minutes of the Ju ly 20, 1977 me e ting with the following corrcc Jon noted: On page three, Parag raph 3, Line l, dc,Jet Ho)P., and In sert Low e ll in its p lace. S ummary of the Executive Committee 1eeting of Augus 3, 1977. C ounc ,l acce pted the summary as md1 ed. Re p ort of the Chairman. In the abse n ce of Chair man DeD ecker, Vice C hairman No lan noted that a ppropria te congratulations should be forwarded t o Mr . De Decker as recipient of t he Fran k E. Jo hns on Me morial Award as part of the Denver Federal Executive Board Exc e lle nce 1n Government Awa rds Program . Vice Chairman Nolan note d that the Town of Georgetown, c o unty seat of Clear Creek County, had recently b eco me DRCOG 's newes member jurisdiction. Other jurisdictions located outsid e t he five me t ro c ou n ties which are me mb ers of DR COG are Central City, Idaho S prings , and Cast l e Rock . A Council repre- sentative fr o m Georg e town ha s n ot yet b ee n nam ed. The Chair welc omed Pa ula Hertzmark , w ho has succeeded Be tty Miller as I:xecutlve Director o f the Colorado Department of Lo ca I Affairs. Ms . Hertzmark will replace Mrs. Miller as the G o v e rn or's non-vo ting designee on the DRCOG Council as r equired in the MPO Agr eeme n t, Report of Committ ee s. Program Committ ee D u e t o a lack of age nda ite m s , the r e was no me e ting held this date . Mr . Farley noted that the Program Committee had met with Mr . Mike M oor e of the Metro S tudy Panel with r efere nc e to a reg ional service authority , The Program C ommittee d id as k Cha i r man DeDecker to a pp oint a 5 person group to continue that dis cu ssio n with the Metro Study Pa n e l and t o fo rmulate a recommendation from th e Program C ommittee t o the full Co uncil. • I • • - ( ( • COUNCIL MINUTES AUGUST17 1977 Page thre e C it lzens Advisory C om mlt tee • - The C hairma n noted a res 0lutJon attached t o h e agenda from th e committee commending the Juvenile Justice Study to th e Co uncil. Ms. Terry noted that the committee was concerned about th e fact that the Juvenile Justice Study had n ot come before th e Program Committee fo r review. fn r esponse to the concern, M r. Nolan, Program Committee Chai rman, commented that the item had been on th e agenda several times, but wa s p ostponed because of other pressing ag enda matters. Mr. Nolan assur ed Ms. Te rry that t he Study w ou ld be scheduled for review by the Prog ram C ommittee as soon as possible. Mr. Hodges, C tty of Northglenn, presented a final versio n of Northglenn' s 201 Study to the C hairman and indicated tha t a limited number o f c o pies w e r e availab le for Council members. 19 78 DR COG Bud g et. Mr. Farley noted that th e Program Committee will discu ss the 1978 Budget in Se pte mb e r and mak e a recomme ndation fo r Council a t that time. Council will be asked to take f i nal action on the 1978 Budget in Se pte mber. This budget is a S 2. 5 million operating budget w hich is down S S 9, 700 from the current year. Becau se of DRCOG's reliance on federa l aid assistance, it is d ifficult to predict grants t h is far in ad v ance, bu t he Budget does take cognizance of w hat is known n ow or staff feels w ill occur. The 1978 Budg et does not inc lude any work on th e HUD Environmental Overview State ment to be completed this fall , crime mapping, parks and open space or the Ara pa hoe Crime Project, a lJ of which were in the 1977 Budget. Included are reduced amounts for HUD 70 l funding and transpor tion planninq Tl-Jere are i ncr e ased amounts for progra ms on MIP, GBF Dime Fil f' Upda •e, a rl 20!:l fu nding, a n d minor infla i onary increa s es for Aging , Alc ohol and Drug Ab use , Carpooling, and th e Public Employer s Group Project. The Budget In ludes wo n~w proqrams ( J) crimlna I justice tr lning programs; and (2) drought Cc)()rdl ,,non pn grams. Council was referred to Page 8, A Summary of Revenues, Contribut one, ~nr:I Gr nts, displaying fund balances. It shows a small reduction tn hot expen urt and rev "nues for 1978 but it alc:o shows greatly r duced f md bal<1"'1Ces. Staff is Curren ly undertaking a review of expenditur es. r. rley drew C'Juncll's attention to a change in the Partici- pating Memb, ,;hip Con 11buUons. t I s last meet lng, the Executive Committe e • I • • • COUNCIL MINU TES AUGUST 17, 1977 Pa g e fo ur • • decided, with the passage of the amendment to the Articles of Ass ociat ion adding two members to the I:xecutive omm1ttee, to ins itute ea r lier than previously re c om me nd ed, the shift in dup • a 70/30 basis immediately, rather than in 1978 . As a result, the duPs or municipalities hav gone up c0mpared o those preliminary figures w hich wr>rc e xh1l1teo from the Executive romm lttee m Tune. The Exec utive Comm ittee had plannPd to make this shift in 1978. but t hey decided give n adoption o f th mendment tc, the Articles of Assoc1a ion, that it w ould be fai r t o mov that up. In response to a question, Mr. farley expla ined that the Executive Committee ori ginally dis c ussed the relative contribution between counties and municipaliu es in the organizat ion. His t o r lca lly, counties contributed 75')( of the budget as opposed to 25% for municipalities and ther"' has been discussion o ver a period of time about shifting that percentage. Part of that conversation r e v ol ved around increased repres e ntati on fro m municipalities now on the Exe cutive Committee . In June the Executive Committee discusse a beginning sh ift in dues from 75%/25 % to a dues appropriation over a thr ee year period of 60%/40%. After the t hr ee year period the censu s figures would be out and the Co uncil could review it furt h er. Along with the shift from 75/25 t o 7 0/10, there w as a revi sion in the minimum dues structure whereas th e minimum dues fro m a n y community within IS mil es of the D e nver city limits wa s rais ed t o $400 and the a bs o lute minimum for any commun ity w as raised to $200. Mr. Cook commented that the Executive Committee tried not to c hange the formula on which the dues are ba sed from assessed valuation and population and since the cities are having greater repres e ntation now on the Exe cuti v e Committee that th e thre e y e ar period b e started imm edia t ely. The committee agreed t ha t this w as the fa irest and mos t e quitable solution. It was noted by Mr. Farley that with respect to the Participating M e mbership Dues this is the seventh year there ha s been n o i n crease in th e gross total Pa rticipating Membership Dues of $420,000 . Mr . Farley comm e nted that he could g i ve no assurance that additional dues would n o t b e require d in the 1979 Budget, but at least for t his Budg et thf' t ota l remains unchanged. Urban Systems Selection C rite ria. Mr. Pampu , DRCOG staff, expl a ined that when the Counc il esta bli shed the Urba n System s Com mittee four years <.190, the committee es ta b lish ed a number of selection critena to use in selecting p roJec ts ehgibl for urban sys t e ms funds and make recomm e ndatio n s to C ouncil. At that tim e Counc il p proved the selecti o n • I • • ( ( • COUNCIL MINUTES AUGUST 17, 1977 Page five • • • criteria. During th e pa st four years the committee has ga Jned experience and has been confronted with a number of problems etc . and felt it appropriate to take a new look at th e selection criteria and make some modJfications. A key change is a lim itation placed on the number of funding requests a Juri sdiction may submit for review. The communities themselves should establlsh their own priorities and submit no more than two major proj ects and three minor projects at any given tim e . Seventy-fiv e percent (75%) of the funds will go to major projects and approximately 25% to minor projects in e ac h budget. This process w o uld b e instituted wi th the n ext round of reviews and would be included in the Transportation Work Program to be prepared this fall. Mr. Kinstlinger commented that the Colorado Department of Highways is looking a some further improvements to the process by looking at need on one hand, but also cost and cost effectiveness of those proj ects approved . He c ommen ted th at the Co lorado D e partme n t of Highways would welco me input fr om the OG staff in analy z i ng those ques ti ons and gathering th e necessary information t o make recommendations on the urban systems process. Mr . Clement, sup p orted by Mr . Cobern , moved to adopt the Urba n Systems Select10n C nterh s discu ssed. Mrs. Jenkins, supported by Mr. Cobern, moved to amend the C rit e ria a s follows: Pa g e 2, 3rd para gr ph from top, delete "w oul d be " and in sert "receiving " in Its place . Page 3 , No . 1, line 2, delete "is" cind in sert "has been " in Its place. Paragraph 2 under No. 1, line l delete "Is" and Insert "has been "; line 3 after r e ceive, add "an addition l" five points. The motion carried with Mr . Cook abstaining. Question was Ci! lied cm tht. main motion to adopt the Selection Criteria, As Amc>ndf'd, and the motion carried with Mr. Coo. abstaining . (A copy of the Urban Systems Selection C riteria, As Am ended, is attached to and rnndu n part of the file copy of these minutes). Report on Results of th e Mail Halht on Amendment to the Articles of Association. Mr. Fa r ley noted for th record that the Am end ment was adopted effective August 3 , 1977, and as of this meeting 31 ba llo ts have been received with 30 yes and 1 no votes cast. • I • • • COUNCIL MINUTCS AUGUST 17, 1977 Page six Report on Plan Amend ments. Three proposed a me nd m ·nt two from Northgle n n and o change seeks de s i gn lon adopted C lean W 'lt r P Plan to inc l ude arJ·~ r Creek Tra il 1.. o rrld or. T fro m a freeway t o a prlnclpa said the new deslg na pre sent plans. • - o ~, qlonal p lans h a ve been r ecei v e d nc lud l ng fr r ·te Divls t ,)n o f Hi ghways . On e Northglenn h c. y s a manag e ment a gency ln th e newly gl nn 1~ wa nts to am end t he Re giona l Pa rk s o hwe st Open Spa c e ano t h e G range Hall nge wnu ld r ede signa c Sou h S nta Fe Hlgnwa y Ex e c uti e Di r e c tor Ja ck Ki nstlinger d to permit u pgrading to six lanes , in line with These three amendment s w i ll proceeo through th no rmal p lan a mendment procedures w ith r eview by the vario u s adviso ry commi ttee s with a public hearing to be held in Novembe r and C ouncil a cti o n in Decemb e r . Pro g ram/Issues Status Reports. Footh lls EIS -Water Task Force Mr . Smith, Water Task force Cha irman , re minded Council of t h e resolution it adopted relative to support of the c o nstruction of th e Foothills Tre atment Plant. Based on the earlier p osition it is now a ppr oprlate that DRCOG r e v iew the Environmental Impact Sta tem ent and re la te that to its formal position. He suggested that a meeting of the Wat e r Task Forc e be co nvened on August 31st at 3:00 p.m . and that the e ntire Coun cil attend . Bureau o f Land Management people w o uld be available t o answer any t e ch nitai que stio ns and a plan w ou ld be discuss ed where DRCOG could pres e nt testimony o n Se pte mber 14th and encourage municipalities and c o unt ies t o att e nd tha t hearing and present testimony r e lative to the necessity for construction o f Foothills to proceed a s quickly as possible. Council o n motion by Mr . Smith, supported by Mr. Pitts, moved that the C ou ncil a uthor iz e the Wa ter Task force t o revie w the foothills EIS and prepare testimony t o pre se nt at the Sept em ber 14th BLM Public Hearing . Motion carried unanimously. Mrs. Je nkins not ed that a group of suburban mayors pushing foo thills w ould be o n Channel 4 TV rm Sat urday, Augu s t 20th at 11:00 a .m. to discuss Foo thills. Mrs. Jenkins gave the DRCOG po int-of-view and summarized the Position Statement on Foothills previously pre pared by DR C OG . • ) I • • ( ( • COUNCIL INUTES AUGUST 17, 19 7, Page seven • • • Mr. Klnstlinger stressed the importance of everyone looking seriously at the Foothill s EIS and understand ing th e critical issues associated w1 h th e growth of the Denver Metropo litan region. Mr. Nolan noted that Denver Regional Counc!J of Governments is working diligently on a Regional Growth and Development Plan t o address those critical growth issues in the region. An attempt is being made on the part of local governments through DRCOG to come to grips with hose i ssues. Coples of the Foothills EIS was mad e aval!able to C ouncil members at the meet ing and will be ma!Jed to thos e members not in attendance. Circuit Rider City Management P ro gram . Mr. Borger commented that staff has Just comple ted an eva luatlon of the fLrst year of the program and it was e x tremely positive . Staff is looking at the program for the next year. A t o a I of e ight cl !es may be particlpa ting in the program next year depending o n he availab ility o f a grant from the Intergovern- mental Personnel Administration. herry Hills and Bow Mar will continue with the current circuit rider and pick u hPir entire cost; and added to t hat are Morrison and Castle Rock who want to participate . Staff may proprose adding a second circuit rider for next year t o include a new northwest circuit, I.e . Georgetown. Black Hawk, Erle and Lyons. In eacn case , staff has met w ith city counc!Js and verbal commitm ents have been given that they want to proceed with the prog ra m. Overall its been a very successful program and the response has been extremely positive. I-4 70 Withdrawal Resolutions. Mr. Klnstllnger commented that the withdrawal requests have been received. The 1978 DOT Appropriation Bill which Pres ident Carter s ig ned last week has $ 12 million earmarked for r e -en gineering of substituted projects which the Colorado Departme nt of Highways has matched fully. Once the withd rawal ls consummated , t he Colorado De partment of Highways can ac to b egin enginee ring and will go into right-of-way acquisition and som . construction. The process is moving well , but a real concern is whe ther enough stat e money wlll be forthcoming to mat ch the monay the fPder al government will make available. • I • • ( • COUNCIL MINUTES AUGUST 17, 1977 Page eight Re p ort of the Executive Director. • - 1. Mr. Farley mentioned an issue staff plans to bring before the Council in S epte mber, i.e. DRCOG's req uest, and the Governor's respon s e, to the Res ource Recovery Act . The Governor is re quested to designate areas in the State by whic h that issue can be dealt . He must d o that in November and will be asking advice of the public and loc al governme nts across the state about what kind of areas ought to be designated for the purpose of carry ing out solid waste planning under tha Act. Subsequent to that area designation, an agency designatio n will be mad e to perform that planning function. Staff anticipates bringing before the Council a resolution asking the Governor to designate by November, the eight - county State Planning and Management Region III as the area o continue that s olid wa ste planning and subsequently urge his designati on of DRCO G to carry out the solid waste planning efforts that have been ongoing w ith DRCOG on a r e gio na l scale as long as th e agency ha s been in e x istence. 2. 208Plan. Mr. Farley re ported there ha s not been mu ch progress on the 208 Plan . The Water Quality Control Commission has not met yet. Staff ls ho p e fu l the process w11J be speeded up if certifica tion of the plan , by t he Governor, is contingent upon 208 planning funds coming to this agency. DRCOG is now in a critical phase and withln the next t w o to t hree wee ks is fa ced with loosing staff b ecause of a gap ln funding. Ho pefully, both the state and federal g overnments wil1 r e a ct soon t o ensure that the wa ter quality planning effort in th is region doe s not fa u lte r . There i s much left to b e done even after ad option of the Plan. Staff has r es p onded to the concerns of the State and Water Quallty Control Commis s i o n w h ich rev olv e around language a nd other technical changes in the plan. Today at the State's request, DRCOG co nvened the county commissioners to address management agency desig na tion w hich was a concern expre s sed by the State in dealing with the counties . Staff will continue to respond and hope the Water Quality Contro l Commission will meet s o on and forward their re c o mm end ations to the Governor expedlously. • ) I • • In - - ( ( ( • COUNCIL MINUTES AUGUST 17, 1977 Page nine • • • 3. Mr. Farley recognized Carol M. Langley, DRCOG's Executive Secretary , for having been awarded the title of Certified Profe ssional Secretary in July, 1977 . The certification is a significant achievement and the Council congratulated her on the award presented by the Institut e for Certify ing Secretaries in Kansas C ity. Missouri. Calendar of Policy Issues. Vice Chairman Nolan noted the calendar of policy issues included with the agenda . Adjournment. There being no further business, th e meeting adjourned at 9 :20 p.m. ATTEST : Robert D. Farley Executive Director Don DeDecker, C hairman Denver Regional Council of Governments • I • • I n ( • • • MINUTES OF ENGLEWOOD HOUSING AUTH ORITY MEETING August 23, 1977 The regular meeting o f the Englewood Housing Authority of Aug- ust 23, 1977 , was called t o order by Ch airman Thomas J. Burns at 5:10 P,M . Call of the roll indic a ted the f ollowing: Members Present : Thomas J. Burns, Ch airman sei ty Beier, Vic e Chairman Vern Mann Rev . J. St anle y Fixter Ci ndy Peterson Members Absent: None Others Present : Richard Wanush Al Johnson Al VanDemark Alice Fessenden Reading and Approval o f Minutes Minutes of the July 6, 1977 meeting were discussed. MOTION MOTION WAS MADE BY CINDY PETERSON TO ADOPT THE MINUTES OF THE JULY 6, 1977 HOUSING AUTHORITY MEETING AS WRITTEN, THE MOTION WAS SECONDED BY VERN MANN. ON THE VOTE, ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSL Y. Bills and Communications Chairman Burns reviewed letters and telegrams which had been received in congratulating the City of Englewood and the Hous- ing Authority on the opening of the Simon Center. Rehabilitation Loan Program Al Johnson introduced Al VanDemark, the new Rehab Technician and Housing Inspector. A status report on the rehab loan program being arranged with the banks was delivered by Rich Wanush, Mr. Wanush also dis- cussed necessary En glewood Housing Authority action with regard to the Loan Committee, and aske d that the loan committee begin its operation as soon as possibl e. In discussing this committee, it was felt that the Housing Auth or ity should send memos to the • I • • -• - Continental National Bank and Cit y Council asking for a nominee fr om each. MOT ION MOTION WAS MADE BY CINDY PETERSON AND SEC ONDE D BY VERN MANN THAT AL JOHNSON BE DIRECTED TO SEND LETTERS TO CONT I NENT AL NATIONAL BANK AND CITY COUNCIL REQ UESTING THAT THEY NOMI NATE AND APPOINT MEMBERS TO THE REHAB LOAN COMMITTEE. ALL VOTED "AYE " AND THE MOTION CARRIED UNANIMOUSLY. Al Johnson discussed the establi shment o f an emergency loan fund, stating that in extraordinary cases such a f und was necessary to cover work which must be done immediately wh en there was no time to approach the loan c omm ittee or the Housing Au th or ity . This is especially true in cases where there is immi nent danger to the occupant. It was recommended that the Executive Director be authorized to make such expenditure s with a limit o f $1,500 , a report on the use of t h ese fu nds to be made at the following Housing Authority meeting. Mr. Wan u sh gave as e xamples of emergency jobs to be handled in this manner : a fu rnace which breaks down in winter, leaking g as, etc. The question of "red tagging " a home was discussed, and it was determined that the inspector is compelled to take action when public safety is at stake. However, Mr. Wanush pointed out that thi s program is designed to prevent having to "red tag" a home without first giving the home owner an alternative. MOTION MOTION WAS MADE BY CINDY PE TE RSON AND SECONDED BY VERN MANN TO ESTABLISH A PROGRAM FOR EMERGENCY LOANS IN CASES OF IMMINENT DANGER TO THE HOME OWNER, AND THAT THE EXECUTIVE DIRECTOR BE AUTHORIZED TO EXTEND A LOAN FOR A MAXIMUM OF $1,500 FOR EMER- GENCY PURPOSES, WITH THE UNDERSTANDING THAT EACH LOAN WILL BE COMMUNICATED TO THE HOUSING AUTHORITY AT ITS NEXT REGULAR MEET- ING. ALL VOTED "AYE " AND THE MOTION CARRIED UNANIMOUSLY. Program Strat e gy Al Johnson reported on t he brochure whi ch is to be inclu d ed in the September issue of the Englewood Citizen. He went on t o say tha t two articles wo uld appear in the same issue, one giving in- fo rmation on the rehab program, and the other announcing Al VanDemark's appointment to the Housing Division staff. Alice Fessenden reported on the first target area , in the north- west portion of the City, describi ng meetings which have been held with the Scenic View Community Development Committee. An active participant in this program is Steve House, of the Planning and Zoning Division of the City . Suggestions were made for future neighborhood meetings or a brochure. 2 • I • • C • • • Mr. VanDemark talked about the work he and Alice Fessenden have been doing in the target areas , and ment i oned that he has made note of various code violations in the course of their travels around the city. His plan is t o contact the homeowners where these infractions occur, and make them aware of the rehab pro- gram. Some of his work has inc luded reinspection of some of the properties considered earlier in the program. Chairman Burns next presented Kirk Wickersham's bill for legal fees for work perf ormed on the development of the Rehab program. Al Johnson gave a brief report on action o f the DRCOG Select Committee on Housing . Alice Fessenden reviewed and explained items contained in the July Rehabilitation Loan Program report which had been submitted to the Director of Communit y Development. One application for a rehab loan was reviewed by the Board and approved for $5,000. Section 8--Existing Housing Al Johnson explained the Fiscal Year (1 977) Section 8 alloca- tion process. Using the DRCOG fair share outline, the communi- ties of Arapahoe County me t and alloc ated units. Englewood applied for ten unit s (seven two-bed room, and three three-bedroom). A supplemental allocation was offered in July, and Englewood applied for twelve addi tional units. The Arapahoe County muni- cipalities decided Aur ora and Englewood would apply for the supplemental units. The next alloc ation will then be weighted in favor of Littlet on and Sheridan if they feel they are ad- ministratively capable to handle additional units. The Authority then rev iewed the proposed policy change for the Section 8 Existing program. The present policy dictates that the program be used only f or familie s : Because of requests for assistance f rom single non-elderly, a policy change was considered for future application t o HUD f o r one-bedroom units. MOTION CINDY PETERSON MOVED THAT THE SECTION 8 EXISTING HOUSING PROGRAM BE USED FOR FAMILI ES AND SINGLE NON-ELDE RLY. THE MOTION WAS SECONDED BY REV. J. STANLEY FIXTER AND PASSED BY UNANIMOUS VOTE. When more Section 8 units become availabl e Englewood will request some one-bedr oom units in order to implement this new policy. The monthly a ctivity report and f inancial report for the Sec- tion 8 Existing program were presented f or the Authority's review. Special Gifts Committee Al Johnson gave an updat e on the activit ies of the Special Gifts Committee: A s o ft ball game is planned, with the Englewood City 3 • I • • • • • Council challenging the Might y 9ers of TV Channel 9, to be held on Saturday, September 17 at Belleview Park. Tickets will be sold for $1.00 each; a caddy auction and golf tournament are planned to be held at the new Englewood golf cou rs e i n late October; a fashion show for senior c itizens is being c onsidered; also a symphony in Cinderella City. Other fund-raising possi- bilities were discussed, such as dances a nd other activities in Cinderella City; box lunch es f or the service clubs were pro- posed to be held at the Simon Center, i n cluding tenant-guided tours. Discussion ensued about channeling the Simon Cent er Special Gifts money thru the ECBF for tax purposes. Mr. Burns p ointed out that 1) the Englewood Housing Authorit y is already a tax exempt entity under State law, and 2) that th e legality o f using the ECBF for Simon Center funds might be questionable. Mr. Burns suggested that Al Johnson be directed to c ont act Kirk Wickersham for a legal opinion on whether th ere would be a probl e m with the tax exempt status. After some discussion, it wa s a greed that there should be no gifts directed to the ECBF as had been thought previously. Mr. Johnson next reported that the Simon Center is now using the van which had been purchased for the use of the Noise Control Program. The van is only for o ffic ial use b y the management and custodial staff, and never f o r personal use. It was announced that a bazaar is planned by the Simon Center for late October. Proceeds of this event will go to the Tenant Council for use in Simon Center activities. This will involve an arts and crafts sale and bake sale, and will be aimed at early Christmas shoppers . Betty Beier pointed out that if there are enough people at the Simon Center who know how, and enjoy quilting, quilt sales could be an effective way of raising money. The monthly newsletter published by the Simon Center was dis- tributed. New Business Cindy Peterson reported on the Housing Preservation and Residen- tial Redevelopment Committee for the Compreh e nsive Plan , and distributed for the information of Authority members, copies of a list of goals and means of implementation which had been com- piled as a result of input from c ommit tee members . A question- naire has been prepared to be di st ributed, begi nning with the first target area in northwest Englewood. Mr. Johnson discussed various reports which had been presented to this committee. DRCOG Select Housing Committee Mr. Johnson reported on the DRCOG Se lect Housing Committee. He d • I • • ( ( • - stated that, at the urging of the Federal government, local cities are attempting to work on a community-wide basis, and this committee is attempting to study the implementation of such a plan. He reported on proposals which had been submitted by representatives of various jurisdictions to provide for a regional housing delivery system. Denver, for example, has even offered to advance funds to other communities for housing development. The committee was called upon to come up with a proposal to submit to DRCOG Council by the end of September. It was Mr. Johnson's feeling that the Englewood Housing Authority should take the implications of the Committee seriously. He felt that Englewood had much to gain from such a plan in the way of Federal assistance. Mr. Burns asked how property might be obtained in northwest Engle- wood for further housing development. Vern Mann pointed out that there is very little residential land available in this area. There was discussion as to the possibility of utilizing help from Denver through DRCOG in obtaining properties such as this. There was also discussion about ways to obtain assistance from the Federal government. Budget Mr. Johnson presented budget figures for 1978 for discussion, pointing out areas which would mark a significant increase: 1) personnel service; 2) commodities and contractual services. He explained that the Housing Division had been subsidizing such things a photocopies, etc., but that now, with a revised accounting system, these things are monitored on the Housing Authority account. Contractual services, he said, include pro- fessional services such as legal fees. MOTION REV. J. STANLEY FIXTER MOVED TO ADOPI' THE 1978 BUDGET AS SUB- MITTED BY AL JOHNSON. THE MOTION WAS SECONDED BY BETTY BEIER. ALL VOTED "AYE" AND THE. MOTION CARRIED UNANIMOUSLY. Al Johnson presented a brochure on the NARRO Conference. He mentioned that the registration fee is $85.00. He pointed out that Alice Fessenden would be in Minneapolis on her vacation at the time of the Convention, and requested that the Board pay for her registration to attend. MOTION MOTION WAS MADE BY REV. J. STANLEY FIXTER AND SECONDED BY VERN MANN THAT THE HOUSING AUTHORITY APPROVE THE EXPENDITURE FOR ALICE FESSENDEN'S REGISTRATION FEE AT THE NARRO CONFERENCE. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY. 5 • ) I • • - - • • • • The financial report on the Englewood Housing Authority was presented by Al Johnson for the discussion of the members. Updated report on HAP goals was presented by Al Johnson. He said that HUD will accept a proposal from the Englewood Housing Authority under the next fund availability for the Scandia Apartments. Interest in Englewood by one o f the church groups to build more housing for families and elderly was discussed. The Mountain United Church Housing Committee is trying to get the financing for development in Englewood. The church group would like to approach the Housing Authority to act as the managing agent. At the same time, they have talked about working with some of the churches in the area for the social aspects of management. Mr. Johnson had indicated that the Housing Authority has re- quested that the group present a proposal to the Housing Authority to show that the project would be fiscally feasible. Mr. Johnson also reported on a project proposed by Dick McCoy, a local builder, for 100 units on the south side of Belleview, behind the K-llart store. Based on information provided by Mr. McCoy, HUD approved the project, but did not provide funding. Adjournment There being nothing further to be discussed, the meeting was adjourned at 8:30 P.M. 6 • I • • - ( • - ENGLEWOOD PARKS & RECREATION COMMISSION Minut e s of September 8, 1977 4 C The regular monthly meeting of the Eng le wood Parks & Recreation Commission was called to order by Ruth Allen, chairman, at 7:45 p. m. after a tour of the park facilities. Members present: Hewitt, Mann, Allen , Howard, Poole, Cushing and Romans, ex officio Members absent: Brown The minutes of August 11, 1977 were corrected to read "the cost of the fence at Miller Field is $1,400" instead of $14,000 as printed. Cushing moved, Poole seconded, that the minutes be approved as corrected. Motion carried. The August financial r e port was not available. Mr. Romans reported that Winslow property acquisition has been completed. He also reported that 1300 rounds of golf were played on the new golf course in August after the opening August 13. The construction phase of the Elsie Malley Centennial Center is progressing very well. The equipment has started arriving and furnishings have bee n ordered. The build- Ing should be ready to open by October 25 po ss ibly or could be early in November. The trees on the north side of the center will be trimmed this fall to save what can be and this area will be landscaped to use a s a s mall park for the c e nt e r . The City Council approved the r e c o mme ndation of the Commission that $1,500 be appropriate d to obtain a pre liminary s ite plan a nd co!'t estimates for a bathhouse at Sinclair Swim Pool. An architect will be retaine d right away to start work on this. Mr. Mann said the City Council would like to have this Information by the time they have their retreat. ( The question of whether or not to have the Recreation Council dinner this year was discussed. Mann moved, Poole seconded, that the dinner be held the latter part of October . • • I • • - Parks & Recreation Commission Minutes of September 8, 1977 Page -2- • • - Motion carried. The Awards Committee will consist of Jack Poole , chairman, Robert Proctor and Donald Cushing. The Program Committee for the dinner will be Frances Howard, chairman, Colbert Cushing and Ruth Allen. Meeting adjourned at 8:30 p. m. Ed ith Romans, Recording secretary • • I • • In - I. ( • PRESENT : ABSENT : OTHERS PRESE NT: • • MINUTE BOARD OF CAREER SERVICE COMMISSIONERS EPTEMBER 1 5 , 1977 Robert Brun dage, Ed wa rd White, William Hanson. Judith B. Henning , JoEllen Turner. Hugh Br own, Jimm,y Curnes, Leioma Koestner , Georg e Robbin s , Susie Schne ider . 4 COMMISSIONER WHITE MOVED AND COMMISSIONER HANSON SECONDE THAT CO fH SS ID NER BRUN DAGE PRESI DE A CHAIRMAN OF THIS MEETING IN THE ABSENCE OF JUDI TH HENNIN G AND JO ELLEN TURNER . THE MEETING WAS CALLED TO ORD ER . CO !MISSIONER BRUNDAGE ASKED IF THERE WERE ANY CORRECTI ONS OR ADDITIONS TO THE MINUTES OF THE AUGUS T 25, 197 7 MEE TING . HUGH BROWN AS KED THAT THE MINUTES BE AMENDED TO CHANG E THE WORDING IN REGARD TO THE REFERENCE TO THE FRANK DO BBINS "HEARI NG." (Page Three , Parag raph One ). HUGH 'S REQUEST TO CHANGE THE WORD "HEARING" WAS BECAUS E HE FE LT THAT AN ACTUAL HEARING WAS NOT SET AND THAT AT THIS TIME THE BOARD HAD NOT ACTUALLY DETERMINED THA T A "HEARING" WAS IN LINE . IT WAS ALS O RE QUE TED THAT JIMMY CURNES, ASSIS TANT TO THE CIT Y MANAGER BE ADDED AS BEING PRESE NT AT THE AUGUST 25, 1977 MEETIN G TO THE MINUTES. COMM ISSIONER WHITE MOVED AND COMMISSION ER HANSON SECONDED TO APPROVE THE MINUTES WITH THE ADDITION OF JIMMY CURNES, AND NO T REVIS E THE WORDING IN REGARD TO THE '/ORD "HEARING" IN REFERENCE°'YO FRANK DOBBINS. AYES: Hanson, Whi e, Brundage . NAYS: None . LEIOMA KOESTNER HAD A UESTIO REGARDIN G EXACTLY WHI CH FMPLOYEES ARE COVERED UNDER CAREER SERVICE BOARD: SPECIFICAL LY PART TIME AND PROBATIONARY EMPL YEES . . ISSI NER WHITE COMMENTED THAT MR. BERARDINI • I • • - CAREER SERVI CE BOARD MINU TES SEPTEMBER 15, 1977 PAGE TWO • - STATED AT THE AUGUST 25, 1977 CARE ER SERVI CE BOARD MEETI G THAT ALL EMP LOYEE S, WHETHER THEY WERE PR OBATIONARY OR PERMANENT WERE COVERE D BY CAREER SERVICE BOARD. COMMISSIONER BRUNDAGE THEN ASKED IF HE VIOULD BE CORRECT IN SAYING THAT THE BOARD APPROVED ALL NEW PROBATIONARY AND PROBATIONARY TO PERMANE N STATUS EMPLOYEES. HUGH BROWN, IN ANSWER TO THAT, STATED THAT IT WAS HIS UNDERSTANDING THAT WHEN THE BOARD APP ROVED THE PROBATI ONARY TO PERMANE T STATUS OF AN EMPLOYEE, THAT STEP WAS THE TIME WHEN AN EMPLOYEE WOULD BE COVERED UNDER CAREER SERV I CE BOARD . COMMISSIONER WHITE FELT THAT A PROBATIONARY ™PLOYEE WOULD BE COVERED UNDER CARE ER SERVICE BOARD. IT WAS MADE CLEAR BY COMMISSIONER BRUNDAGE THAT THIS WAS JUST AN OPINION OF THE BOARD MEMBERS PRESENT AND THAT TH IS IS A UESTION THAT SHOULD BE BROUGHT BEF ORE THE ENTIRE BOARD OF CAREER SERVICE COMMIS SIONERS . *******Hl! REPRESENTAT IVES OF THE POLICE AND FIRE ASSOC IATIONS WERE NOT PRESENT AT TH I S MEETING . ******lll!H HUGH BR OWN INF ORMED THE BOARD OF THE ILLNESS ES OF BOTH DAVID GOODMAN , ATTORNEY FOR THE BOARD, AND BERNARD BERARD INI, CITY ATTORNEY . HUGH BROWN STATED THAT THE FINDINGS ON THE FRANCELLA MONTOYA CASE HAD NO T BEEN FORWARDED AND THAT IT APPEARE D AT THIS TIME THAT THERE MIGH T BE A DELAY DUE TO THESE I LLNESSES . HUGH BR OWN DISCUSSED THE LETTER WRI TTEN BY CITY MANAGER, ANDY MCCOWN TO THE EMPL OYE E I S ASSOCIATION ( LEIOMA KOESTNER) REGARDING THE ACTION THAT CITY COUNCIL WAS TAKING REGARDING VERTICAL PROMOTIO N. THE CITY ATTORNEY GAVE THE OPINION TO THE CITY COUNC IL THAT THEY HAD THE RIGH T TO LEGISLATE ON MATTERS CONCERNING PROMOTIONS AND THAT IS A PATH THAT THEY ARE NOW CONSIDERING. CITY COU NCIL HAS REQUESTED TO HEAR CONCERNS ON THE MATTER THAT MANAGEMEN T HAD AND ALSO CO NCERNS ON THE MA TTER THAT ™PLOYEES MIGHT HAVE . THE HEARING ON VERTICAL PROMOT IONS HAS BEE N SET FOR OCTO BER J , 1977, AFTER WHICH TI ME THE COUNCIL IS CONSIDERING TAK IN G SOME ACTION OF WHAT KIND OF A PROMOTION POLI CY THE CITY SHOULD HAVE. COMMISSIONER WHI TE ASKE D IF CITY COUNC IL COULD DO SOMETH ING LIKE THIS LEGALLY AS IT WAS PART OF NEGOTIATIONS IN 1974. HUGH BROWN STATE D • •• I . • - ( r ( • • • • CAREER SERVICE BOARD MINUTES SEPTEMBER 15, 1977 PAGE THREE THERE IS QUESTION ABOU T THE POLICY BEING PART OF AN AGREEMEN T. HUGH BROWN STATED THAT IN THE PAST CAREER SERVICE REFUSED TO CHANGE THE POLICY ON VERTICAL PROMOTION. COMMISSIONER HANSON SAID THAT THE REASON THEY REFUSED TO CHANGE I T WAS DUE TO THE FACT THA T THE BOARD HAD THE EMPLOYEE 'S ASSO CIA TI ON BLESSING ON THE MATTER . ********** THERE WERE NOT ITEMS TO BE DI SCUSSED BY ANY OF THE CO~SSIONERS UNDER THE COMMI SSI ONERS CHOICE O THE AGENDA. ***** **** THE FOLLOWING ELIGIBILITY LISTS WERE APPROVED BY THE BOARD: 1. Maintenancewor ker (Str eets) 2. Ditchrider (Utilities) J . App rentice Operator (Wastewater) 4 . Code Enf orcemen t Officer (Co mmunity Development) DECLARATION OF VACANCIES: 1. Apprentice /Operator Tr a inee (Wastewater) APPROVAL OF PERSONNEL ACTIONS: THE FOLLOWING PERS ONNEL ACTIONS WERE APPROVED AS FO LLOWS WITH THE EXCEPTION OF ONE AMENCME NT TO THE LIST . THE BOARD REQUESTED THAT RATHER THAN USE THE WORD "TERMINATION" REGARDING DAVID CHAPMAN TO CALL IT A "RESIGNATION ." COMMISSIONfR WHITE MOVED TO CHANGE THE ACTION OF DAVID CHAPMAN FROM "TERMINATION" TO "RESIGNATION " AND ALSO TO AME ND THE PERSONNEL RECORD ACCORDINGLY. COMMI SSIONER HANSON SECONDED. AYES: Hans on, Brundage , White. NAYS: NONE. • I • • - ( • • • - PROBATIONARY TO PERMANE~T ST ATUS w/ANNIVER SARY I~C REASE: Robbins , George Bu i lding Ma intenance -Custodian (lA) to Cus todi an (lB) E ffective 9/1/77 NEW PROBATIONARY EMPLOYEES: Barke r, Roge r Lee Conley , Ma rion Ma cHend r ie ,, Jean O'Ne il l , Terrance Wicks , Byron D. Police Of ficer 4th Class Effect ive 9/6/77 Clerk Steno (C o mmun ity Developme nt) 2A , Effective 9/12 /77 Pol ice Of fic er 4th Class Effecti ve 9/6/77 Police Officer 4th Class Effec tive 9/6/77 Police Officer 4t h Class Effective 9/6/77 ANNIVERSARY INCREASE DE NIED : 1~elson , Cr ai g Chapman , Da vid Police Of ficer 2nd Class Ef fective 8/16/77 -recommend re -evaluation in 90 d ays. Ma intenanceworker -Water Distribution 2A -E ffective 8/16/77 -rec ommend re -evaluation in 90 days. TERMINAT IONS : (RESIGNATION --AS AMENDED PER MINUTES). Chapman, Da vi d MEE , VALERIE TEMPORARY POSI TIONS : Doss , Desmond Stuart , John PROMOTIO NS: Burke, James Maintenancewo rker -Water Distribution 2A -Ef fective 9/9/77 Polic e -Law Enforcement' Aide ( 3A) Effecti ve 8/24/77 Fire -Acting D/0/E -Effective 7/10/77 to 8/19/7 7 Fire -Acting D/0/E -E ffective 7/2/77 to 8/7/77 Wastewater -From Maintenanceworker (2A) t o Apprentice Operator (5A) -Effective 9/12 /77 . • I • • ( ( • • • - PROMOTIONS -continued Muncaster, Pete r Tallent, James Wastewater -From Maintenanceworker (2A) to Apprentice Operator (5A) -Effective 9/12/7 7. Waste water -From Maintenanceworker (2A) to Apprentice Ope rator (5A) -Effective 9/12/77 . •••••••••• DECLARATION OF VACANCIE S : App./Oper. Trainee -Wastewater Plant -Effective 9/12/77 . ELIGIBILITY LISTS TO BE APPROVED: Maintenanceworker Ditchrider Apprentice Operator Street Department Utilit ies Wastewater Plant ********** Respectfully submitted, CAREER SERVICE BOARD BY ""'JUmD'""I""T'"H"""Bl':'"."""T,HEN,;,,rnN,-,;I...,N,,..G-, -;CmHAi7T.IRMAN,;rn.,---- /KK • I • • n n • • • - ENGLEWOOD WATER AND SEWER BOARD Regular Meeting September 20, 1977 The meeting was called to order at 5:05 PM by Chairman Schnackenberg Members present: Members absent: Also present: Best, Mann, Sovern, Taylor, Ullery, Feamster, Schnackenberg Gibson, Witthus D.K. Stephens, Utilities Administrative Assistant I . WELCOME THE TWO NEW BOARD MEMBERS Chairm an Schnackenberg introduced and welcomed the new Board member Merry Feamster to the Board . Mrs. Feamster and Mr . Witthus are replacements for Harol d Babcock and David Hayes. Mr. Witthus and Mr . Gibson arrived at 5:10 PM. Chairm an Schnackenberg greeted Mr. Witthus and presented him to the Board. II. LICENSE AGREEMENT AUTHORIZING LITTLETON TO CONSTRUCT A SEWER MAIN WITHIN THE CITY DITCH RIGHT-OF-WAY Mr. Stephens informed the Board that the City of Littleton is planning to con struct an B" sewer main which will have to cross the City Ditch right- of -way just south of Ridge Road . The license agreement and drawing were examined by the Board . Reconwnendation was made that the cut-off wall be exten ded one foot into undistur bed soil around entire length of crossing . Mr. Gib son moved; Mr. Best seconded: That the Board approve the License Agreement south of Ridge Road with the City of Littleton for their 8" sanitary sewer crossing under the City Ditch right -of-way . The motion passed unanimously. II I. REQUEST FOR RAW WATER FROM TIM DAVIS OF THE GATES RUBBER COMPANY Mr . Stephens informed t he Board that Tim Davis of Gates Rubber had contacted him requesting raw water from Mclellan reservoir. Mr. Stephens displayed a map showi ng the area that would be using the water. The Board felt that a critical look should be taken of the area as to run-off from the proposed area. Our consul tant, Blatchley and Associates should be contacted to see if we would have adequate water to serve them. • I • • n • • • • -2- IV . OTHER ITEMS Mr. Taylor corrmented on the public hear i ng for metering t hat wa s held September 12. The majority of the people at the he aring were not i n fa vor or total metering. The final reading will be Nove mber 28. Ther e was considerable discussion on the bond issue and the need to get moving on it . The meeting adjourned at 7:00 PM . Respectfully submitted, 1:f.~ Recording Secretary • I • • n n I , ( • • MEMOR A_DUM TO: FROM : City Manager Mccow n /) ·j Richard S . Wanus h,/~ector of Commu n ty D~v 101 nent DATE : September 26, 1977 SU BJECT : Ameri c an Society of Pla r n1ni; Of ic 1ls \11 al Confer nc Mr. Eddie Ta ngurm an d I attended the annual American Society o f Planning Officia l~ hP d April 23 to April 28 . Th e main th m~ of th w "Planning Standa rds: Ch oosing, Using ar b Many of the s e ss i ons a t this fiv -day c r.f ·, this theme. The general concensus was appropriat e and d esirable standards is m0r process . St andards ar e, in a very real , •~ an interac t ion between the planning proc , process . Planners, as pro fessional tech1 to project the future consequences of th c'>f, 1 slm0nt certain standards or they may be able thr ·, 1gb ;survP s or group process es to determine "commu ni t :sta11da1 Lis' lJ they cannot, a n d should not be permi tted <,lab t o n their own . The standards thems elves a di 11 through the pol itical process . Sev eral o f t he sessions dealt with housi n~ that was especially us efu l was a c a se stu spection prog ram in Dall as where direct 11r inspectors wa s as ns itive issue . They at 1 F~P an exterior inspection system that would p di con ditions . In terior inspections, then, v 1ld u nless some external conditions were prest r t started with ten potential indicators of d, found that three or four wer e s uf ficient t interior violations . Thee w re: (1) con , 1t 01 door fr a me s ; (2) condition of porch or ster of eaves, g utters and downspouts ; and (4) c, wi n dows or storm windows. Ii hese it ms wlrl violatio n , th re would probabl be signific3 1 t side. By using this sytem, inspectors woul d to inspect every house but only these ~herf likely. • 1r y y Ill t r 1S' (mp t I • • ( • City Manag er Mccown Septemb er 26, 1977 Page -2- • • • There were also sessions related to rehabilitation programs but our experience in Englewood is about as good as most other places, and little innovative or new was learned. Other housing sessions dealt with the relationship between the high cost of housing and various building and zoning codes, and citizen partic ipation in the establishment of housing and neighborhood programs. Downtown improvement was another topic of special interest . Several case studies were presented that did nothing but demonstrate that all type s of downtowns all over the country are in trouble, and that what Ins worked in one place will not necessarily work in another. The experience is mixed, but there does se em to be a single element present in all o f the successful downtown revitalization efforts ---the ma j or support must come from local businesses and local movers . Local government does have an i mportant role to play, but it cannot be a subst itute for t he initiative of local private interests. Grow th management was another major t opic but because of its low impact on Englewood I did not attend these sessions . I did attend some sessions on capital improvement programming, but here again, Englewood is out in f ront in its use of a capital improvem ent pro gram and little new was learned . gw • I • • In - ( • • • • • ) MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMME NDATION OF THE CITY PLANN ING AND ZONING COMMISSION DATE: September 20, 1977 SUBJECT; Findings of Fact: Cherokee Kiva Planned Development RECOMMENDATION: Tanguma moved: Lathrop seconded ; The City Planning Co mmission accept and recommend to City Council the Findings of Fact on Case #16-77, the Planned Developnent request filed by the Cherokee Kiva Corporation, George H, Allen, President, AYES: Lathrop, Owens, Parker, Pierson, Smith, Tanguma NAYS: None ABSTAINING: Wade, Williams, Draper The motion carried, Respectfully submitted, By Order of the City Planning and Zoning Commission 'JJlA~ad J. !wjmM G Margar J, De an Rec~ ~g Secretary, ex officio • I • • In n < • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN nIE MA'M'ER OF CASE NO, 16-77 ) FINDINGS OF FACT, CONCLUSIONS , ) AND RECOMMENDATIONS RELATING ) TO nIE APPLICATION OF THE PLANNED) D VELOPMENT DISTRICT REGULATIONS ) TO A CERTAIN PARCEL OF LAND IN ) THE CITY PURSUANT TO §22.4A-l ) OF THE COMPREHENSIVE ZONING ) ORDINA NCE OF THE CITY OF ) ENGLEWOOD, COLORADO ) A Public He ar i ng was held in con nection with Case No, 16-77, on September 7, 1977, in the City Council Chambers at the Englewood City Hall , Tho s e members of t he Cit y Planning an d Zoning Co mmiss ion who were present were : Mr. Lathrop , Mr. Owens, Mr , Pa rker , Mrs. Pierson, Mr, Smith a nd Mr. Tanguma . Mr s, Wad and Mr , Williams were absent, FINDINGS OF FACT UPon review of the evide nce taken in the form of testimony , presentations, rePorts and filed documents , the Commission makes the following findings of fact. 1 . That pro per notice of the public h earing to consider th e Ch erokee Kiva Planned Development wa s given by pos t ing and pu bl ishing and that no persons were in attendance at that heari ng who were in o p position to t he proposed developmen t. 2 . That th e location of the Cherokee Kiva Planne d Development is described as follows : LOTS l TO 4, BLOCK 4 , HA MILTON AND KILLIE'S BROADWAY HE IGHTS , EXCE PT POR TION CONVEYED TO CITY OF ENGLEWOOD IN BOOK 1971 AT PAGE 68 1, COUNT Y OF ARAPAHOE, STATE OF CO LORADO , • I • • n - (' ( • • - -2- AND A PARCEL OF LAND IN THE NE 1/4 OF THE NW 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P,M., MORE PARTICULARLY DESCR IBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNE R OF SAID NE 1/4 OF THE NW 1 /4 OF SECTION 3; THENCE NORTH 299 FEET; THENCE EAST 160 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST 176 FEET; THENCE SOUTH 80,6 FEET; THENCE SOUTH 35°30' WEST, 80,94 FEET; THENCE SOUTH 88 °3 1'20" EAST, 16.49 FEET TO THE MOST NORTHERLY CORNER OF BLOCK 4, HAMILTON AND KILLIE'S BROADW AY HEI GHTS ; TIIENCE SOUTHWESTERLY ALONG THE NORTH- WESTERLY BOUNDARY OF SAID BLOCK 4 TO THE MOST WESTERLY CORNER OF SAID BLOCK 4 ; THENCE SOUTH 89 °12'52" WEST , 4 7.33 FEET ALONG THE SOUTH LINE OF SAID BLOCK 4 EXTENDED WESTERLY TO A POIN T 150 FEET EAST (BY PERPENDICULAR MEASUREMENT) OF THE WEST LINE OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 3 ; THE CE NORTH 24.55 FEET ; THENCE CONT INUING NOR TH ALONG THE WEST LINE OF PROPERTY DESCRIBED IN BOOK 1926, PAGE 733, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ENGLEWOOD, DESCRIBED AS FOLLOWS: BEGINN ING AT A POINT 299 FEET NO RTH AND 279 FEE T EAST OF THE SOUTHWEST CO RNER OF THB NE 1/4 OF THE NW 1 /4 OF SAID SECTION 3; THENCE EAST 47 FEET; THENCE SOUTH 80,5 FEET; THENCE SOUTH 35°30' WEST, 80.94 FEET; THENCE NORTH 146,39 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO," 3, That the Cherokee Kiva Corporation, George H. Allen, President, holds an option to purchase the above described land and the appli cation was filed on behalf of the Cherokee Kiva Corporation. 4. That the Cherokee Kiva Planned Develo pmen t is to be a seven-story, forty-unit adult condominium with dwelling units ranging in size from 1100+ square feet to 1400+ square feet and with building security, recreational facilities and private off-street parking for the occupants. 5, That the area being c onsidered was a part of the original City and has been zoned for multi-family us e since 1955, being most recently zoned R-3, High-Density Resi dence by Ordin ance No. 52, Series of 1975, in which District the proposed developmen t is a Permitted Principal Use. • I . • ( • • -3- 6, That the property which is the subject of this applic ation is uncommon in that it is 129 feet in dep t on the north side and 145 ,48 feet in depth on the south side; it varies 20: feet in elevation from the southeas to the northwest c orner and is bisected by the City Ditch , 7, That, in 1971, the Water Board and the City Council executed a right-of-way agreement with Lynnco I n vestment Company to relocate the City Di t ch in such a way that it would run parallel with the property line on the south and, for a distance, on the eas t s i de of t he prope rty, a nd that a revised agreement is being executed by the City Council, 8, That the City Ditch wil l be reloc ated pursuan t to that agre ement at the expense of the Cherokee Kiva Corporation, 9, That t he minimum lot area f or a mul ti- family complex ie 42,000 square feet and that the subject property is 36,864 square feet in area , 10 . That there being no adjoining land available for development , the Board of Adjustment and Appeals, after a du ly publicized hearing, granted a variance to the minimum lot area requiremen t as it relates to the subject site at its meeting on April 13 , 1977 , and , i n the same action , approved the cons t ruction of 40 dwelling units on the site . 11 . That no persons appeared at the public hearing before the Board of Adjustmen t and App e als o oppose the construction of 4 0 dwelling units on the subjec t s i te . 12. That the Cherokee Ki va Corporation has st ated that its surveys indicate a definite need in Engl ewood f or a quali t y con domi nium project in a c onvenient location. 13 , That the site is centrally located and e a si l y acces sib l e to reta il , f inancial , serv ice a n d public fac il ities a n d to public tra nsportation , 14 , The Pla n ned Development is consistent with the inten t o f t he Comprehensive Pl an , 15 , The developme n t wi ll be compatible with ad jacen t propert i es . • I • • n ( C • • • • -4- 16, That it is further found that: (a) the final storm drainage pl ans must be approved by the Director of Engineering Services prior to the issuance of a Building Permit; (b) the final landscaping plans, including landscaping in front of the parking structure to screen it from public view , be approved by the Department of Community Development prior to the issuance of n Building Permit; and (c) that there be compliance with the provisions of all applicable City codes, CONCLUSIONS 1. That proper notice was given of the Publi c Hearing on the Cherokee Kivn Pla nn ed Development which was held before the City Planni ng and Zoning Commi ss ion on September 7, 1977. 2, That the Cherokee Kiva Planned Development is in compliance with and will implement the purpose , intent and requirements of the Comprehensive Zoning Ordinance, mos t particularly section 22,4A, Planned Development District and Section 22 .4-6, High Density Residence District. 3, That the Plan has been designed to maximize the use of the site and to create a desirable atmosphere for adul t residents and will be the first such condominium unit to be constructed in the City, thus providing a balance to the housing inventory , 4. That the Planned Development would be compatible with the adjacent area , 5, That the Planned Development is consistent with the i ntent of the Comprehensive Plan for the City of Englewood, Colorado. 6. That the authority to consider and approve the subject Planned Development and to make a recommendation thereo n to the City Council i s granted to the City Pl a nning and Zoning Commission in Section 22,4A of the Comprehensive Zoning Ordinance of the City of Englewood, Colorado. ~OMMENDATIO Ther efore , the City Planning and Zoning Commission approves the Cherokee Kiva Planned Development and recommends to the City Counc il of the City of Englewood, • I • I • • • - -~ Color ado, t hat th e application of the Cherokee Kiva Corporation Case No , 1 6-77 , be approved, subj e c t to the following conditions : 1, That the final storm d r ainag e pl a ns be approve d by the Director of Eng i neering Services prior to issuance o f a Bu i l ding permi t, 2, That the fin al landscaping pla ne, inclu d ing the l andscap ing of the area i n front o f the parking structure to s creen it from public view, be appro ved by the Departmen t o f Community Development prior t o the issuance o f a Building permi t , ' 3, That there be comp liance wi t h the provisions of all applicable Ci ty codes. Upon the vote of the City Planning and Zoning Co111111iaaion on a motion made at a regular aeeting on September 7, 1977, the following membe rs voted in f avor of the Ch erokee Kiva Planned Development : Mr . Lathrop, Mr . Owe ns, Mr , Parker, Mrs, Pierson, Mr . Smith and Mr. Tanguma , There were no persons voting agai nst the motion, Mrs , Wade and Mr . Wi l liams were absent. By Order of the City Plann ing and Zoning Commission Judith Beggs Pierson Chairman md • I • • ....... ' r • ( • • • CITY OF ENGLEWCX>D PLANNING AND ZONING COMMISSION September 7, 1977 I. CALL TO ORDER, The Regular Meeting of the City Planning and Zoning Commission was called to order by Chairman Pierson at 7:00 p,m, Members present: Pierson, Lathrop, Owens, Parker, Smith, Tanguma Richard Wanush, Ex-officio Members absent: Wade, Williams Also present: D.A. Romans, Assistant Director of Community Development; Steve House, Associate Planner II. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of the August 16, 1977 meeting were to be considered for approval, Lathrop moved; Parker seconded: The Minutes of the August 16, 1977 be approved as written. AYES: Pierson, Lathrop, Owens, Parker, Smith, Tanguma NAYS: None ABSENT: Wade, Williams The motion carried. III. CHEROKEE KIVAS PLANNED DEVELOPMENT. CASE #16-77 Chairman Pierson stated that the Cherokee Kivas Planned Development is before the Commission for Public Hearing, Parker moved: Lathrop seconded: The Public Hearing on Case #16-77 be opened. AYES: Pierson, Lathrop, Owens, Parker, Smith, Tanguma NAYS : None ABSENT: Wade, Williams The motion carried. Chairman Pierson asked that, at this time, the Commission hear the stiff report regarding this case from Mrs. Dorothy Romans. • I • • • - -2 - Mrs . Romans was duly sworn in and testified t ha t the hearing concerns a 40-unit condomium complex to be constructed on the northwest corner of Sou th Ch e rok ee Street and West Kenyon Avenue. Th e name o f t h is structure will be Cherokee Kivas and it is to be constructed by the Cherokee Kivas Corporation , Mr. Ge org e H. Allen, President . The address will be 3675 South Cherokee, It is in an R-3 Zone District, a high-density residence district a nd the proposed us e is p e rmitted in that District. On three previous occasions, the parcel of land has been considered f or development by th e Planning Commission. First, f or a nine-story,60-unit apartment complex, then a 57-unit apartment complex and fi nally for offices for Westinghouse . Due to financial problems, the first two developments did not take place, and Westinghouse could not break the lease on their pres e nt facilities. Tne land has remained idle since it was cl ea red in 1971. The City Council and the Water Board ap p roved the relocation of the City Ditch in 1971 and this wi ll now be accomplished. On page 6 of the Staff Repor t , which is entered as evidence in this He a ring , t he comments o f the departments o f the City and public utility companies are g iven. The plans have been reviewed and no problems are f orseen by any of the respondents. The Department o f Community Deve lopme n t recommends approval of the proposal subject to the f ollowing conditions: 1. The f inal drainage and s torm run-of f plans be approved by the Director o f Engineering Services prior to issuanc e of a Building Permit . 2. The final landscaping plans, including the landscaping to screen it f rom public view, be approved by the Department of Community Development prior t o issuance of a Building Pe rmit. 3. There be compliance witn t he provisions of all applicable City codes except those regulations in the Comprehensive Zoning Ordinance which will be wa i ved with the approval of t he development pl a n. Mr s. Rom a ns st a ted that the notice o f the Public Hearing a ppeared in th e o ff ici a l City new s paper a n d th e property h a d been posted as required. Posting notices have been received and were turned over to the recording secretary in evidence . Chairman Pierson asked that if the Commission granted approval o f the proposal, would a time be given by which the s t ructure would have to be started ; possibly six months. Dorothy Romans stated that some time is nece ssary, but she • I • • ........ ( • - -3- was not certain if six months would be reasonable, Possibly more time would be n ee ded, Mr. Smith questioned item 3 under the staff recommendations which implies that some of the zoning regulations may be waived in this case, Dorothy Romans stated that item 3 was included in the report just in case there would be a variation of any specific requirements. The only deviation pointed out would be in landscaping the property in front of the parking structure, The applicant has stated that every effort would be made to make the structure attractive by using a design on the wall, ivy or a type of planter. Mr. Lathrop questioned the minimum lot area of the proposed development, The lot is undersized. The lot area of the site is 36,864 square feet, while the minimum area is 42,000 square feet. Dorothy Romans stated that the Board of Adjustment granted the applicant approval to build 40 units on the subject site in as much as there is no other lend available. Mr, Lathrop also questioned whether the square foot apartment footage will meet the minimum floor area requirements. In answer, Dorothy Romans stated that it meets the requirements. Chairman Pierson called for a statement from the applicant, George Allen, Mr. Allen was duly sworn in, The applicant explained his former association with the City as Mayor and his deep interest in the City continuing es a viable community, One thing that is needed, however, is more housing. Because Englewood cannot annex additional land and there is very little vacant lend available, it is necessary to construct multi-level structures, Mr. Allen added that the cost of purchasing end building on a parcel of lend is awesome, Chairmen Pierson questioned Mr. Allen on how much time he would need to begin construction on the site. Mr. Allen stated that, if at ell possible, it would be done by the time snow fells, He would hope to be able to start by October . There were no persons in attendance at the Hearing who opposed the Planned Development. Upon a motion, the Public Hearing was closed, Tanguma moved; Lathrop seconded; The Planning Commission recommend to the City Council the approval of the Cherokee Kivas Planned Development at 3675 South Cherokee Street with the conditions set forth in the Staff Report, • I • • • • • • -4- Discussion ensued, Tanguma amended: Pierson seconded: The 40-unit structure to be constructed in 1978 if weather permits, Construction to start within one year f rom Council approval date, Discussion ensued, Lathrop moved to amend: To start construction in one year from the Council approval date and to have the wo r k reviewed at the end of one year to see if progress is being made. If not, the Planned Development would be subject to cancellation. AYES: Lathrop, Pierson NAYS: OWens, Parker, Smith, Tanguma ABSENT : Wade, Williams Motion fails. OWens moved to amend prior amendment: Smith seconded : In staff recommendation No, 3, to strike everything following the words: "that there will be compliance with the applicable City codes," AYES: Pierson, Lathrop, Owens, Parke r, Smith, Tanguma NAYS: None ABSENT: Wade, Williams The question was called on the motion as amended. The motion as amended reads: "There be compliance with the provisions of all applicable City codes. 11 AYES: Pierson, Lathrop , Owens, Parker, Smith, Tanguma NAYS : None ABSENT : Wade , WilliamR Motion carried, Chairman Pierson granted a five-minute recess before continuing the meeting, • I • • ...... ( ( • - Chairman Pierson called the meeting to order at 7:45 p,m, Members present: Pierson, Lathrop, Owens, Parker, Smith, Tanguma Richard Wanush, Ex-officio Members absent: Wade, Williams IV, COMPREHENSIVE PLAN REVIEW REPORTS, Chairman Pierson opened with a report of the Commercial Activities Committee, The Committee has completed their study of the areas in the City which are zoned B-2, A re-tour of the eight areas will be taken on September 12th to test their views. The purpose of the tour will be to finalize the members' conclusions, Mr. Owens reported on the activities of the Public Facilities Committee, The meetings continue to have good attendance, All the public facilities have been toured at this point and the Committee is now in the process of reviewing what they have seen, They are also reviewing storm drainage and flood control, The Committee will speak with member of the School Board as schools are considered a Public Facility, The Public Facility review be completed in a month and the Flood Plain review will be finished in another month after that, On behalf of the Transportation Committee, Mr. Lathrop reported that the Committee is still in limbo, He will attend a meeting with Larry Nowacki, pertaining to trans- portation on South Santa Fe Drive, A report is being prepared on the Santa Fe improvements, which will be given on September 15, Mr. Tanguma•s committee, Housing Preservation and Residential Development, has split into several groups, At this point, they are comparing their information on the neighborhoods. They will get reports on about 80% of the information this coming week and should finish off the rest in a couple weeks. The Committee will then sit down and analyze the information. They are now about 50% complete, Mr, <>wens suggested the possibility of having a joint meeting of the Public Facilities Committee and the Housing Preservation and Residen- tial Development Committee. • I • • -• - -6- Don Smith, of the Downtown Committee, does not expect to get finished until next year. Agreements regarding parking have been reached. Public Service has requested a place for customers to drive up and pay bills ; this area would have to have easy access. Further items to be discussed by the Committee are the allowable height of buildings, where buildings should be built, and what can be done to make downtown Englewood unique. The Committee does not want any more garages or second-hand shops in the downtown region and would like to keep the "family-type" shopping area. The Committee is also asking what we want to do about the "connection" between downtown Englewood and Cinderella City. Mr. Smith feels that the Committee will not have a written report until the first of the year. V. DIRECTOR 'S CHOICE. Richard Wanush presented a Plan Amendment submitted by the Colorado Department of Highways. The proposed amendment downgrades South Santa Fe Drive from a limited access highway to a principal arterial between I-25 and County Line Road. Any comments from the Commission on this matter are due by Wednesday, September 21. Mr. Wanush recommends that the Commission pass a recommenda- tion to go to Council that the issue of frontage roads along Santa Fe be left open. Mr. Wanush further stated that it is clear that a six-lane highway will not handle the projected traffic volume. It is assumed that the remaining people will transfer to Mass Transit. Mrs. Pierson suggested that a recommendation be held back until the Commission members have h a d a chance to study the Plan Amendment. Mr. Smith commented in regards to page l that frontage roads, where required, should be considered if Santa Fe Drive is downgraded. Owens moved : Smith seconded: Th at the Englewood City Planning and Zoning Commission recommend to the City Council that they approve a Plan Amendment to the Regional Highway Plan that would downgrade the Santa Fe Drive Corrider from a Limited Access Facility to a Principal Arterial between I-25 and County Line Road, a distance of approximately ten (10) miles. The Commission further recommends that the decision regarding access to properties on the west side of Santa Fe Drive, • I • • - ( ( -7- • • particularly the recommendation of the Colorado Department of Highways that no frontage roads be constructed, not be made at this time, but should be considered at a later date; it being the Commission's feeling that under some circumstances, frontage roads or access roads may be warr a nted. AYES: OWens, Parker, Pierson, Smith, Tanguma NAYS : Lathrop ABSENT: Wade, Williams Mation carries, VI, COMMISSION'S CHOICE, Mr. Smith stated that a Commissioner to replace former member, Ed Smith, will be appointed during the study session on the 12th of September. Mr. Smith brought up the question as to whether or not there is an ordinance which states that any space formerly used for required private off-street parking cannot be used for building upon, thereby eliminating the required parking, In a particular case, a building permit had been issued, contrary to what he feels the law states. If there is such an ordinance, and building permits are issued, what will this do to our planning in downtown Englewood? Richard Wanush stated that the key phrase in the ordinance is "formerly designated as parking ", A survey of the parking facilities would have to be done to find out what use is being made of the parking areaa. Parking can be either on-site or off-site, but it has to be within 400 feet of the building. Mr. Smith f elt that if a person own both the business and the p a rking f acilities, the parking should remain parking once an ordinance has been adopted. In turn, Mr , Owens stated that i f parking is not exactly identifiable , there is no way to strictly enforce the ord i nance, In order to revitalize the downtown section o f En glewood, parking becomes an important issue. Rich a r d Wanush sugges t ed that the issue be brought up by t he Downtown Committee or the Commission, • I • • • • • -8- Auto Wrecking, Chairman Pierson brought up the issue of the auto wrecking businesses in the Englewood area. She stated that in order to place control on additional yards, the Commission could require that any new junkyards or auto wrecking yards would have to be on a site with a minimum area of five acres. Mr. Smith stated that expansion of existing yards should take place adjacent to the property presently being used as the auto wrecking or junkyard. If the yard is a certain size now, there should be some guidelines on expansion. Mr. <>wens stated that based on what he observed while on the tour of the yards prior to the meeting, he didn't see that many areas where the junkyard or auto wrecking yards could expand. However, the City may be better off to have the owners take up the adjacent property rather than have that property stand vacant, It would make sense to have the vacant lots maintained. Mr. Smith wondered whether there should be requirements regarding fencing surrounding the yards. He feels that the yards should be allowed to expand and the owners should be able to construct buildings. Mr. Wanush commented that most of the existing yards are situated in areas of Englewood that keep them pretty well out of view. The meeting adjourned at 9:45 p,m, • I • • ........ ( • • - ( MEMORANDUM TO THE ENGLEWCX>D CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: August 16, 1977 SUBJECT: Cherokee-Kivas Planned Development RECOMMENDATION: Tanguma moved: Lathrop seconded: The Planning Commission recommend to City Council the approval of the Cherokee-Kivas Planned Development at 3675 South Cherokee Street, with the following conditions: 1. The final drainage and storm run-off plans be approved by the Director of Engineering Services prior to issuance of a Building Permit. 2. The final landscaping plans, including the landscaping of the area in front of the parking structure to screen it from public view, be approved by the Department of Community Development prior to issuance of a Building Permit. 3. There be compliance with the provisions of all applicable City codes. AYES: Lathrop, Owens, Parker, Pierson, Smith Tanguma NAYS: None ABSENT: Wade, Williams The motion carried. By order of the City Planning and Zoning Commission • I • • • • • • • • - ME MORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 7, 1977 SUBJECT: Santa Fe Drive Corridor RECOMMENDATION: Owens moved: Smith seconded: The Englewood City Planning and Zoning Commission recommend to the City Council that they approve a Plan Amendment to the Regional Highway Plan that would downgrade the Santa Fe Drive Corridor from a Limited Access Facility to a Principal Arterial between I-25 and County Line .Road, a distance of approximately ten (10) miles. The Commission further recommends that the decision regarding access to properties on the west side of Santa Fe Drive, particularly the recommenda- tion of the Colorado Department of Highways that no frontage roads be constructed, not be made at this time, but should be considered at a later date; it being the Commission's feeling that under some circumstances, frontage roads or access roads may be warranted. AYES: Owens, Parker, Pierson, Smith, Tanguma NAYS: Lathrop ABSENT: Wade, Williams The mot i on carried. By orde r o f the City Pl a nn i ng and Zoning Co mmi ssion. ')){M Oo· A cl ~ . £r j J 2lth 2 ( Ma r ga r_fe t J. D~man Re co r ding S e c r e tary, Pro tem • I • • • • • • • • EDWARD DRAPER P U B L I C ACC O U NTANT EN R OLL EC T O F'"R 4CT ICE B EF O RE TH E tNTERN AL R EV E N U E SER V IC E 3 e73 SOU TH 9ROA 0W A V ENG LEWOOD, C OL OIIIAOO 9 0 11 0 September 19, 1977 M~or James T~lor and Englewood City Council 3406 South Elati Street Englewood, Colorado 80110 Dear Jim and Councils I:) C , .. ,.... ' ' -r -r ·-h c. !,, t l V L:.. 1 s [ f '.! ·, 19 77 TELEPHONE 1303) 7 09·18 18 Thank you for my recent appointment to the Planning and Zoning Commission. I will certainly strive to merit your confidence. As you koow, I have been serving on the Retirement Board so I am submitting my resignation for that Board to accept the Planning and Zoning Commission. Respectfully, ED/bg • I • • In l'""1 - • • C • James Taylor, Mayor City of Englewood 3400 S. Elati St. Englewood, Colo. 80110 Dear Sir 1 • • • P. o. Box 1496 Englewood,Colo. 80150 Se pt emver 27, 1977 It is with regret that I tender my resignation from the Zoning Board of Adjustment and Appeals effective Oct. 1, 1977. I will be movi ng to Heather Gardens,outside the City of Englewood,and no longer eligible to serve on the Board. I have enjoyed my tenure on the Board and the association with the other members of th e Board. r}a~y ~ _,r "' .-u........--- J o hn E. Kramer, Chm. Bo of Adjustment and Appeals I . • l o n • ' • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORD INANCE NO. ~, SERIES OF 1977 AN ORDINANCE APPROVING AN AME NDED AGREEMENT · BE'£WEEN THE CITY OF ENGLEl'/OOD, COLORADO Al.O TIIE ENGLEWOOD HOUSING AUTHORITY RELATING TO '£HE HOUSING REHABILITATI ON LOAN PROGRAM POLICIES />.ND p RqcEoU RES . BE IT ORDAI NE D BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO, as follows, Section 1. That the City of Englewood shall enter into an .- Amended Agre ement and Policy Statement with the Englewood Housing Authority, according to the provisions of that certain written Amended Agreement establishing criteria, priorities, limits, rates, review method of supervision modifying the terms of an Agreement entered into on the 19th day of July, 1976. The Amended Agreement II, is attached hereto, consi sting of eight .(8) typewritten pages and la hereby incorporated by reference herein, Said instrument provides as follows, l. That the Housing Authority or the City shall be responsi.ble for the execut ion of the Housing Rehabilitation Program. 2. ApplicAtion and approval procedure for obtafning a loan. 3. Estabiish policies and priorities based on the use and purpose of the loan eligibility, income, neighborhood, loan limits, liens, credit factors, loans on rental property, and repayment. 4. Requiring supervision of any improvement. 5. Establishing repayment provisions. Section 2. ----- The Cily Cou nc il of the City of Englewood, Colorado hereby authori ze s the Ha yer of the City of Englewood, Colorado, to subscribe his nc.m e to s aid ~.mended agreement on and in · behalf of the Ci ty Council and the City of Englewood, Colorado, and the Direc t or of Finance, ex officio City Clerk-Treasurer attest the s 1:.m e. • I • • - • • I • • • • Introduced, read in full and passed on first reading on the 19th day of S eptember, 1977. Publ ished as a Bill for an Ordinance on the 21st day of September, 1977. Read by title and passed on final reading on the 3rd day of October, 1977. Published by title as Ordinance No.~, Series of 1977, on the ~day of October 1977. 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 1977. ex officio City Clerk-Treasurer -2- • I • • • f • • • • INTRODU CED AS A BILL BY COUNCI LMAN MANN BY AU THOR ITY ORD INAN CE NO.~, SERIES OF 1977 l\N ORDINANCE APPROVING AN AME NDED AGREEMENT BETWEEN THE CITY' Oll ENGLEl·/OOD, COLORADO Alm THE ENGLEW OOD HOUSING AUTHORITY RELATING TO 'I'H E HOUSING REHAB ILITATION LOAN PROGRAM POLICIES },.NO PR~.CED URES, BE IT ORDAIN ED BY THE CITY COUNCIL, CITY OP ENGLEWOOD, COLORADO, as follows 1 Section 1. That the City of Englewood shall enter into an , Amended Agreement and Policy Statement with the Englewood Housing Authority, according to the provisions of that certain written Amended Agreement establishing criteria, priorities, limits, rates, review method of supervision modifying the terms of an Agreement entered into on the 19th day of July, 1976. The Amended Agre e ment II, is attached hereto, consisting of eight (8) typewritten pages and is hereby incorporated by reference herein, Said instrument provides as follows, 1. That the Housing Authority or the City shall be responsi.ble for the execution of the Housing Rehabilitation Program. a loan. 2. Application and approval procedure for obtaining 3, Establish policies and priorities based on the use and purpo s e of the lo a n eligibility, income, neighborhood, loan limits, liens, cre dit factors, loans on rental property, and repayment, 4. Requ iring superv ision of any improvement, 5. Establishing repaymen t provisions. The City Council of the City of En glewood, Colorado hereby aut horizes the Mayor of the City of Englewood, Colorado, to subscribe his na.me to s aid ~.mended agreement on and in · be h alf of the City Council and the City of Englewood, Colorado, end the Director of Financ e , e x officio City Clerk-Treasurer attest the s~me, • I • - .. • ( • • • • Introduced, read in full and passed on first reading on the 19th day of Se ptember, 1977. Published as a Bill for an Ordinance on the 21st day of September, 1977. Read by title and passed on final reading on the 3rd day of October, 1977. Published by title as Ordinance No. ~1,-, Series of 1977, on the ~day of October 1977. ~- 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 • .J.t/-, Series of 1977. ex officio City Clerk-Treasurer • -2- • I • • f • • • • INTROD UCED AS A BILL BY COU NCILMAN ,!J& !)L/Y\.J A BI LL FOR AN ORD I NANCE AMEND I NG S UBSECTIONS (e) TO AND INCLUDING (h) OF ARTICLE I S ECTION 10 CHAP TER 4 TITLE I., OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AM ENDED, BY RE-ORDERING THE RECOGNITION OF NON SCHEDULED CITIZENS AND VISITORS TO FOLLOW PRE SCHEDULED CITIZENS AND VISITORS, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That sub-sections (e) to and including (h) of Article I Section 10 chapter 4, Title I. of the 1969 E.M.C., are hereby amended to read as follows: 1-4-10: ORDER OF BUSINESS All meeting, except informal meetings, of the Council shall be open to the public. The matters to be considered by the Council shall be considered and disposed of in the following order, except where otherwise decided by majority vote of Council Members pre sent at said meeting: (e) Recognition of non-scheduled citizens and visitors. (f) Communications. (g) City Attorney's presentation, including resolutions, bills for ordinances, ordinances, and legal matters for consideration of the Council. (h) City Manage r's presentation. In t roduced , read i n full and passed on first readi~g on the 3rd d a y of October, 1977. Pu bl ished as a Bil l f or an Ordinance on the 5th day of October , 1 9 7 7 . • I • l • • • • ATTEST: ~~ -x offici~l e rk-Treas I, Wi lli a m D. James, do hereby certify that the above a n d fo regoing is a true, accurate and complete copy of a Bi ll for an Or dinance, introduce d, read in full, and passe d o n f i rst r eading on the 3rd day of October, 1977. ,?~~-===- ex of~e1ty Clerk-Treasure r'-- -2- • I • • . . ( • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN A BILL FO R AN ORDINANCE AMENDING SECTION 5 CHAPTER 4 TITLE 6 OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED BY DECLARING IT UNLAWFUL TO KEEP HORSES, MULES , SHEEP, DONKEYS AND OTHER ANIMALS ANO FOWLS AND FURTHERMORE THAT NO ANIMAL SHALL DISTURB THE PEACE AND COMFORT OF ANY NEIGHBORHOOD. BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 5 Chapter 4 of Title 6 of the 1969 E.M.C, is amended to read as follows: Section 2. 6-4-5: ANIMALS OR FOWLS It is hereby declared to be unlawful for any person to keep or permit upon any premises in the City except as otherwise provided: (a) Any horse, mule, donkey, cattle, sheep, rodents, chickens, turkeys, rabbits, geese, ducks, or other fowls except on agriculturally zoned lands. (b) No animal shall disturb the peace and comfort of any neighborhood, or inter- fere with any person in the reasonable and comfortable enjoyment of life or property, or in any other manner present a menace to the public health or safety. (c) If any part or parts hereof are for any reason held to be invalid, such shall not affect the remaining portions of this section. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repea led. Introduced, read in full and passed on first reading on the 3rd day of October , 1977. Published as a Bill for an Ordinance on the 5th day of October , 1977. • I • • - 0 ( • • • • ATTEST: ex officio ci(y Clerk-Treasurer I, Will iam 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 3rd day of October, 1977. ex offi€io City Clerk-Treasurer -2- • I • ( ( • • • ,· - MEMORANDUM TO: Mayor and Members of City Council 7b FROM: Andy Mccown, City Manager DATE: September 29, 1977 SUBJECT: VERTICAL PROMOTION POLICY You have scheduled an Informal hearing on the City's current vertical promotion policy for your Council meeting of October 3, 1977. It ts my understanding that Attorney John Criswell wtll be present on behalf of the Employees Association, Attached you wlll find several documents related to this matter. Attachment No. 1 ie a nation-wide survey conducted by our staff of promotion policies tn other munlclpalltiee. As you can see, of the 78 cities surveyed, only three have a policy similar to ours. On a national baste, only four of the cities surveyed guarantee a mtntmum of 10% Increase and the great majority require only a 5% increase. Attachment No. 2 le a similar survey of five major private firms 1n the Denver metro area. Attachment No. 3 contains a legal opinion from Attorney stan Damas concerning the right of Council to legislate on this matter. Mr. Damas ls an attorney who specializes 1n labor relations and he feels, as does Mr. Berardfnt, that you do have the right to legis- late 1n this matter. The fourth attachment is from Attorney John Criswell, naturally stating the opposite position, Mr. Criewell'e opfnion include several exhibits which were also about the only documenta we could find on this matter, Therefore, for back- groud material, ft would suffice to read hie exhibits. Sincerely, ~~ City Manager ph cc: B, V, Berardinl, City Attorney Jim Curnee, Assistant City Manager Hugh H, Brown, Acting Employee Relations Director LeiOma Koestner, President, Englewood Employees Aeeociatlon • I • • ( ( ( • TO : FROM: DATE : SUBJECT : • • - Andy Mccown, City Manager Jim Curnes, Assistant City Manager September 28, 1977 Vertical Promotion /. During the last two weeks, Hugh Brown and I have made a survey on the vertical promotion policies of 78 cities with a population between 25,000 and 100,000 (Colorado cities of 5,000 and above) and having a council-manager form of government . A summary of that survey indicates that 12 of the 20 cities surveyed in Colorado have a consistent policy of stepping the employee back to the first step of that classification plan when possible ; however, all 12 cities did guarantee a 5% minimum wage increase. Seven of the remaining 8 cities do step the employee back to the first step whenever possible; however, the amount of pay increase varied in each case . (See attached charts.) Only Alamosa had no policy. On a national basis, 34 of 58 cities had consistent policies of stepping the employee back to the first step if possible yet guaranteeing a minimum of 5% wage increase. \ 7 ~ Se'Ven"'teen of the 58 cities indicated that the employee would be placed on the step that contained the next highest dollar value to the current salary of the employee. In the majority of cases, this would mean stepping the employee back. Four of the 58 cities guaranteed a minimum increase of 10% over the current salary and three cities (Valdosta, Georgia, Minot, North Dakota and Ogden, Utah) had a policy, similar to Englewood, of retaining the same step in the new position. All of the cities surveyed indicated that employees would not receive a decrease in salary . <: '~ / JIM '.cURNES Assistant City Manager JC /s b • I • • ( • • • • VERTICAL PROMOTION Survey Results A. Colorado Cities (20 surveyed) I. Cities providing minimum of 5% salary increase or first step in the new grade, whichever is greater. Arvada Aurora Boulder Brighton Golden Grand Junction Greeley Lakewood Loveland Northglenn Westminster Wheat Ridge II. Other Policies Alamosa (no formal policy) Broomfield (2 % minimum increase, let step of new grade) Canon City (no loss in pay, let step of new grade) Colorado Springs (no minimum, let step of new grade) Durango (1st step , 2 step increase minimum) Fort Collins (1st step, 6% minimum) Little t on ($15 minimum increase) Longmon t (no min i mum , let step of new grade) • I . ( ( • • • • -2- B. National Survey (25,000-100,000 population) I. II . Promotion to first step of new grade, or 5% whichever is greater. Anniston, Alabama Dotham, Alabama Tempe, Arizona Inglewood, California San Jose, California Hartford, Connecticut Clearwater, Florida Tallahassee, Florida Pocatello, Idaho Decatur, Illinois Skokie, Illinois Sioux City, Iowa Lawrence, Kansas Bangor, Maine Rockville, Maryland Minnetonka, Minnesota Great Falls, Montana Durham, North Carolina Springfield, Ohio Bartlesville, Oklahoma Norman, Oklahoma Eugene, Oregon Mt. Lebanon, Pennsylvania East Province, Rhode Island Greenville, South Carolina Spartanburg, South Carolina Corpus Christi, Texas San Antonia, Texas Emporia, Virginia Yakima, Washington Huntington, West Virginia Wheeling, West Vi rginia Eau Claire, Wisconsin Casper, Wyoming Promotion to step of next highest salary , no minimum increase Fort Smith , Arkansas Stratford, Connecticut Dover, Delaware Newark, Delaware Lewiston, Idaho Iowa City, Iowa • I • ( III. IV. ( ( • • • • -3- Manhattan, Kansas Bowling Green, Kentucky Frankfort, Kentucky College Park, Maryland Cambridge, Massachusetts Lexington, Massachusetts Portland, Maine Ann Arbor, Michigan Pontiac, Michigan Lexington, New Jersey Everett, Washington Promotion with minimum of 10% salary increase Marietta, Georgia Reno, Nevada Clifton, New Jersey Danville, Virginia Vertical promotion as in Englewood Valdosta, Georgia Minot, North Dakota Ogden, Utah • • I . ( ( ( ( • • • - MEMORANDUM TO: Andy Mccown, City Manager FROM: DATE: September 29, 1977 SUBJECT: PROMOTION POLICIES OF INDUSTRY The promotion policy of five local industries surveyed are as follows: Gates Rubber Company Adjustment of pay schedule upward on January 1 each year (with employee rate held; this, in effect, is similar to step~the employee back on the schedule). Department managers do have flexibility of recommending a 5 to 15% for each employee as a merit increase each year. Public Service Company No guarantee of an increase in pay when promoted. Guarantee no loss of pay. Department Manager has freedom to recommend increase on multiples of 2!%. Have 16 pay grades with nine steps of 2!% in each, I.B.M. ~ilar to Public Service Company, No Guarantee of pay increase Guarantee no loss of pay Department Manager may recommend some merit increase, Samsonite Corporation No salary increase for hourly e mployee. Wo uld go to same rate in new g rade (step back), No loss of pay, Department Manager could recommend merit increase. United Bank One rate of pay for each position. ph • I • • n ( ( ( • • • • 1\.\ulli~an & Damas , P C. Attornevs dt Law .I .3 Stan i,lo w S. Damas .Jame• M. M.J~gan Swtr 110 Color od o \/otion.J B.Jcliug 950 17th Str eet Denver, Colorddo 80202 September 29, 1977 Mr. An dy Mccown Ci ty Manager City of Englewood 3 4 00 South Elati Street Englewood , Colorado 801 O Dear Andy: Pboue (303) 572•0000 Enc losed please find a Memo randum re s pondi n g to t he questi ons you asked concerning the Englewood City Council 's authority to enact legislation concern- ing you r pay regu lations. I hope you find this ex- p l anation helpful. I stand prepared to answer any questions and to re nder any fur her ass istanc e that y ou f eel wou ld be desirable. SSD:sg cc: Mr. B. V. Berardini City Attorney Mr. Jimmy E. Curnes Assis tant City Manager Mr. Hu gh H. Brown Sincerely, MULLIGAN & DAMA S, P .C. ') --~ ;{.c <' ~ ~-~/)//"' <:----- Stanis law S. Da mas Acting Employee Relati ons Director I • • ( ( • St •nisla w S. Damas , lames Jv\. Jv\.Jligan TO: FROM: RE: DATE: • • - Mullip;dn & Ddmas, P. G. Attornevs at Law .J Su,tr 710 Golo ,ad o at io o.J BuiJJ ing 950 17th St.ret Denver, Colora do 80202 MEMORANDU M ANDY McCOWN CITY MANAG ER CITY OF ENGL EWO OD STANISLAW S. DAMAs1:&-- AUTHOR ITY OF THE ENGLEW OOD CITY COUN CIL TO LEGISLATE IN THE AREA OF PAYMENT POLICIE S TO APPL Y TO EMPLOYEES BEING PROM OTED WITHI N THE CITY SE RVICE SEPTEMBER 27, 1977 Phone (303) 572-0000 * * • * * • * * * * • * * * * * * * * * * * * * • * * * • When at tempti ng to address au thori tat ively the legis- lative powe r of a Ci ty Cou ncil, we must fi rst examine the breadth and limitations of munic ipal authority as granted by the Colorado Constitution . The Supr eme Court o f Colorado has spoken on this questi on in interpre ting the Englewood Charter, ~s fol l ows : "Art icle XX, Section 6 , Constitution of Colorado, grants home rule c ities every power pos sessed by the general assembly as to local and municipal matters , unless restr icted by the terms of its charter. Fishel v . Denve r, 10 6 Colo. 576 , 108 P.2d 236; see Vela v. People, 1 74 Colo. 465, 484 P.2d 1204 ." (Servi ce Oil Company:':'...:._ Rhodus, Col o. 500 P.2d 807) The above-refe r en ced case inc ludes the follow ing statement: "In Ar ticle I of the Charte r of the City of Engle- wood, the City vested its legislat i ve power in the Council (Section 2), and in Section 3, gave i t ' .•. all powers, functions , right s, and priv i leges in the operation o f the municipality, except those ... expressly forbidden • I • • n "" n ( ( ( • • • -2- to home rule municipal corpo rations and cities by the Constitution or the Statu tes o the Sate of Colorado.'" (Emphasis deleted ) (Service Oil Com pany~ Rhodus, supra, p. 811) The Constitution o f the State of Colorad o cl early gave to municipal i ties the autho ri ty to legisl ate in the area of personnel. The Consti tution p rovides that h ome rule cities shall have: "All other powers necessary , requi s ite or proper for the governme nt and administ ra tion o f its local and munic ipal matters, includi ng power to legislate upon, provide, regulat e, conduc t a nd control: '(a) the creation and terms o f muni cipal officers, agencies and em ployment; the definition, regu ation and alteration of the powers, dutie s, qualifications and t erms or t enu r e of all municipal officer s, agents and employees.'" (C onstitution of Co o rado, Ar ticle XX, Se ction 6) (Em phasis added) In confo rmity with t he Co n s titu t ional framework identi- fied above, th e Englewood City Cha rter provides i n Section 30, the following p owers: "Council shall have all munic ipal l egislative powers a s conferred by g eneral law , exce pt as provided by this Char ter, and e xcept thos e which may b e exerci s e d by the people through direct legislation . The Council shal~ have the power and authority, within Constitutiona l limitations, to de legate by ordinance to boards and conunissions such functions, p ow ers, or authority herein con f erred upon the Cit· as the Counc i l shall deem proper and advisable within its discretion." When taken together with the ge neral rese rvation o r vesting of legislative authori ty in t he City Cou ncil as expressed in Article I of t he City Charter, it is the pl ain and unavoid- able conclusion t hat it was the i n tent of the framers of the Englewood Cha rter to provide the City Council with all legi s- lative au thor ity not ot herwi se delegated or provided by the Charter or those which the people migh t exercise thr~ugh the direct initiative or elective proces ses. Accord ingly, if we are to find a limitation on the City Council's authority to e nac t legislat ion perta ining t o personnel matters, such a limitat ion would have to appear in the Ch arter of the City of Englewood . • I • • ( j ( • • • • -1- I n at t e mpting to addre s s the q ue stion o f t h e City Council's p ower and authority to d e te r mine policies by which level s of compen sation upon promotion ar e es t ab l ished, we must giv e fa ir meaning to the d eclarat i on o f City r i ghts encompa ss ed wi t hi n t h e same Ch ar te r Am end ment es t a bl i shing t h e Car ee r Service Commission . P a ragraph 137:4 provides the City a broad power and au hori t y t o ma nage its o p erations consistent with other express p rov isions in the Ch arter as follows: "It is the exclusive right of the Ci t y to determine the mis sion of each o its const 'tuent d epar tment s, boards and comm issions, consistent wi th the provisions of this Art ic l e , and to set standard s o f service to be off e red t o t he public, and exercise c ontro l a nd discretion over its o rganization and ope rati ons. I t is al so the exclusive r ight of the City t o d ire ct i ts em ploy e es, take di s ciplinary a c i on for proper c a u se , re liev e its employe e s fr o m duty bec au se o f lack o f work or for other l egitima t e reasons, and determi ne t he me thods, me ans , a nd pe r sonnel by which the City's oper ations are to be c o n d ucted; provided, however, that t h e e xercise o f s uch rights does not preclude e mpl o yees or t h eir representat i ves from conferri n g o r raising g rievances abou t t h e practical consequences that decisions on thes e ma tters may have on wages, hou r s , and o t her terms and con ditions of e mployment ." If we re ad this section toget h er wi th Se c tion 137:5, concerning t he r ights of employ ee re p re sentatio n u nits, it becomes pl ain that it was the intent of the drafte rs of thi s Charter Am~n dment to prov i de employees the r ight t o nego tiate concern ing wages, hours and o ther terms and c ondi t ions of employme nt wi t h "City representatives" (se e Parag raph 137:8 ), in ord e r to in good faith conduct such nego tiat i ons, it is necessary t hat the City of f icials have the autho r ity to make d eterminations conce rn ing pay, benef i ts and the rul es by wh ich t h e y a re administe red. The only limitati o n on this r ig ht is th at where a bargaining r epresen ative a n d the Ci ty are u n a b l e to a gree on such matters, the Caree r Se rvice Comm i s s ion shall have the power and authori t y to make advisory r e commenda t ions to the City Council for resol u t ion of such qu es tion . The Charter Amendment clearly r e cogn iz es that the Caree r Serv ice Commissione rs have no f i nal a u tho ri t y in this a r e a . To t he contrary, heir recommendat i ons are submitted to t he City Counc i l and i f the Council determi n es that such r e comm e ndat ion should not be adopted, th en t h e r e commenda- tion s are p r esen ed to the registered electors o f the City of Englewood for final d e term i nation (see 137:8 ). • I • • ( ( • • - -4- The fourth paragraph of that section is instructive. It states, in part: "The City Co un cil may, at its discreti on, submit its propos al at the same election." Accordingly , matters of wages, hours, and other terms and condit ions of employment which are subject to the process of negotiations involve the position of the employee group and the position of the "Council" wh ich is identical to the posit ion of the City. Having established that au hority to determine matters of compensa tion and rela ted ru les and policies is prop e rly exercised by the City Council, we must now determine whether the Charter has provided authority in this area to the Ci vil Service Commission by any spe ific grant. The Englewood City Chart~r sections pertaining to the Englewood Employee Relations and Career Service System Act of 19 72 , provide the followin g guid ance concerni ng the power and authority of the Career Service Board. The Statement o f Policy {Paragraph 137:1 ) provides in part that the partial purpose of the Charter Amendment is to: " ... establish a board of Career Service Commis- sioners to insure that all city emp l oyees a nd their representat ives are fairly treated, that thei r request s are fairly heard, considered and resolved, and that all impasses be submitted to mediation or to a vote of the people of the City." The charter Amendment adopting the Englewood employee relat ion system has two specific sec ions outlining the power, author ity and sphere of influence of the Ca reer Service Board. The firs , Sec io 13 8:2, outlines the principles governing the functioni ng of · the Career Service system. Apparently, i was the func tion of the Career Servi ce Board as contemp lated by the drafters, to structure a Career Service Personnel System embodying certain principles and factors. Point {a) listed thereunder would require that all positions of the Englewood City Service be classified according to some classification plan. Point {b) would guarantee that employment by the City would only be made from a list of per sons found eligible a nd qualified by the Board. Under point (c), promotion within the City Service wo uld be s imilarly made from a list of persons found eligible and qualified by the Board. Point (d) indicates that t he • I • • _n ...... ( • • • • -5 - Board would function in a review cap aci t y to de termine the propriety of con ested terminati ons and disciplinary act i ons. The other s ections of this paragraph d e al with points not germane to this discussion. The t hrust of this parag raph s e ems, howev e r, to be that the Career Service Board should ensure that only qualified em ployees ar e hired or promoted within the C ity Service and that discipline or discha rge of empl o yees s hould be reviewed as to fairness and propriety by a disinterested board. No where does the statement of purpose of the Career Service Board give any inkling or hint that the Board is to be concerned with matters of pay and compen- sation. Similarly, in Para g raph 1 38:3, the duties and powers of the Career Serv ice Board are carefully and nar r owly deli neated without con ferring on this Board any power or au thor ity con- cerning matters of pay and compensati on. Paragraphs (a), (b) and (c) of this s ec tion deal wi th the Career Service Board's authority to determine employee repr es en tation units , to conduct elect ions am ong units of empl oyees to determine their preferenced or feelings con cerning f ormal employee re presentation, and thirdly to decide any contested matters conc erni ng the establishment of e mployee represen- tation units. Paragr aph (d) provides that the Board may make finding s and r ecomme ndations, but not binding decisions conce rning matters on which the City and employee org anizations may be at impass e in the bargaining process. It is important to note at this juncture that the Charter Amendme nt specifi- cally c on templates tha t employee org a nizations and the City would negQt iate on wages, hours, and othe r terms and condi - tions of employment for such uni ts (se e Section 137:5). It is only when the City and the employ ee s d uring the course of negotiations concerning wages, h o urs and conditions of employment , are at impasse, that the Care er Se rvice Board has any i nput concerni ng these matters and then it is only advisory in nature. Such advice to be submitted to the Ci ty Co un cil (see Charter, Sec ion 137:8). Paragraph (el under Section 138 :3 further g ive s the Board the authority to conduc t inve stigations, h e ar testi- mo ny, and t ake evidence under oath at hearings on any matte rs subject to its jurisdiction; and (f) similar ly gives the Boa rd ancillary authority to ake "suc h act i ons as the Board deems necessary " to effectuate charter policies and ordin- ances adopted pu rs uant to the charter. A fai r r eadi ng of these p r ovisions (138:2, and 138:3) limi ts the Board's au thor ity o dete rm ine qualifications for employment and • I • • ( • • • • -6- promo tion , to determine matter s involving or concerning employee representation un i ts, and to make advisory recom- mendations conce rning the resolution of impasses which shall be submitted to the legisla ive body for final determination and action. Their onl y involvement in matters of pay or compensation policy is advisory in nature . Charter Section 137:6 p rovides tha t the Ca reer Serv ice Board shall "ultimately " resolve grievance s. Even if we read thi s as a binding and final decision, it is limited b y Charter provision to the area of interpreting, or reviewing the application of policy as determined by the City Council through ordinanc e or o f agreements between the City and any employee organ ization, or of "rules and regulations governing personnel practice s or working condition s." If he Commis sion is reviewing disputes policy, it is not thereby empowered to make policy in this area. As a mat er of fact, the language of this paragraph speci fically excludes from the definition of "grievance" disputes "over the terms of an initial or renewed agreement." In other words, the Commi ssion may not tell the City Council wha should go in o an agreement or policy under their grievance resolving authori ty. The several Charter provisions before us are a combination of specific and general parag raphs. The Supreme Court of Colora do recognizes the well- established principle, "That a specific designation control s fol lowing words of general import in de ermining meaning and application of a statute or char ter" (Bowman v. Eldhe r, Colo. 369 P.2d 977 (1962), see also Gibson~ "-people, 44 Colo. 600,. 99 P. 3 33 ). Accordingly, any general gra nt of authority within the Char te r sections identified above, mu st be considered in light o f the speci ic duties, powers, or "principles" otherwis e delineated with specificity within the Cha rter provisions. These specifics are limited to the areas of establ ishing a classification system, determining qualifications for employmen and promot ion, reviewing con- tested terminati ons and disciplinary actions, and di sputes involving employee representation matters . It furth er appears that the Commission has been iden tified by Parag r aph 137:6 as the final de erminant of mployee gri evances. This can, however, easily be viewed as an ins ance of the Commi ss ion fulfilling the Charter-identified poli c y of ensuring " .•. that all City employees and the i r represen atives are fairly treated." (Section 137 : 1 ) The Commission, by omission of spec i fic Cha rter authority, has no ri ght to make binding deci s i ons on compensation • I • • • • • - -7- policy--only on interpretations of existing policy as deter- mined by the Counc il. This concl usion is unavoid able con sidering the history of the Charter of Englewood. Apparen tly as I am a dvised by Mr. Berardin i, your City Attorney, the Charte r sections giving the Commi ssion au hority in emp loyee representation and empl oyee rel ations mat ers which e ven passed as an Amendment in 19 72 . At the same time, Cha r te r prov ision s which had given the Commission the authority to make recom- mendations conc erning pay and pay policie s were repe a l ed at the same time. Any doubts must therefor e vani sh and it i s clear the Co mmission was ousted of any juri sdiction it had to mak e anything but a dvisory recommen da tions on pay and pay policy mat t ers . You had previously expressed conc ern tha t the City's position i n the negotiat ions for the 1974 Mem orandum of Understanding (for the year 1 975) Between the City of Engle- wood and the Englewoo d Municipal Employee s' Association may have af fected y our pos ition with regard to thi s matter. A close e xamination of that Memorandum indic ates, however, t hat the City simpl y agreed to refer to the Career Service Commission a ma tter that the parties were not able to resolve through n egotiations . This is precisely what is requi red of the parties by vi rtue o f Secti on 137:8 of the Englewood City Charter. Accordingly , this agreement cannot be seen as recognizing any inheren t authority on the par t o f the Career Service Bo ard to legi sl ate in this particular area with binding fin ality. As a mat ter of f act, the l a nguage of the Memo r andum of Understanding does n ot even indicate t hat the decision Qf the Board wo uld be considered as final resolu- tion of this matte r by the Eng l ewood City Co uncil (see Page 4 of 1974 Memorandum of Un derstanding). Accord i ngly, the precedi ng gene ral discussion of the Ca reer S e rvice Comm ission's authority in this area would apply, and no wa iver on the part of the City or the City Co unc il should reasonably be implied from inclusion of this matter in the Memorandum of Unde rs t a nding. By way of tentative conclu sion, I wo uld suggest the follow i ng r e a ding of the Englewood City Charte r as it relates to th e question presented. The Board of Career Serv ice Commissioners h as final decision-maki ng power autho rity in a narrow field involving certain specif ied princi p les, duties, and powers as enumerated by Sections 138:2 a nd 1 38:3 of the Charter. In addition to resolving matters of employment and promo tion qual i fication s, and certifying lists f o r s ame, the • I • • - ( • • • • -8- Career Service Commissioners are a review body to ensur e the fair and equal implementation or application of City Personnel Policies to em p loyees . In this latter category, the Ca r e er Service Bo ard's decisions are in the nat ure , not of ma king p olicy , but of revi ewing the application of policies deter- mined by the City. A quest ion remains, howeve r , whether the matter of the policy on pay upon promotion of Engl ewood municipal e mployees must be determined throug h the process of negotiations. The 1974 Memorandum o f Agreement provides that sal ary and fringe b enefits "previously agreed to by the City and t he Englewood Municipal Employees' Association, in effect f or th e calendar year 1974 ... shall not be changed, save a nd ex cept to the extent that the provisions of this Memorandum specifically provide for such changes therein, and that there has been no agreement for the aboliti on or change of such conditions or benefi ts exc ept t o the extent that the foregoing provisions call for such changes." Fortuna tely, th is provision is foll owed by t he sentence: "It is unde rstood tha t this proposal recites t he ful l extent of all compensat ion for the Englewood Mu nic ip a l Em ployees Associat ion for the year 1975." This statement limits the gua r antee to the year 1975. Subseq uent contracts do not include such a guarantee. In fact, the Memorandum of Under- stand i ng da ted June 12, 1975 , contains a consi derable recita- tion of a n u mber of employ e benefits enjoyed by the Engle- wood Municipal employees making no menti on of the ve rtical promotion system covered in the preceding year's mem orandum. The memorandum concludes with the statement : "I t is understood that thi s letter rec i tes the full ~xtent of all compensation for the Englewood Municipal Employees Association for the year 1 976. (See Page 4 of Memorandum of Un derstanding of June 1 2, 1975) . Similarly, the Memorandum of Understanding cove r ing compen- sation for the two year period covering calendar years 1977 and 1978 makes no refere nce to guaranteeing cont inuation of any benefits. Thus, th current and next preceding agree- ments conta in no guarantee that any particular employee bene fits no enumerated in the Memorandum would be continued in its then-exist ing form. The employee organization's repre se ntatives could, however, take the osition that this series of Memo randa of Understanding states an implied guarantee that then existing benefits and the conditions of employment would continue to be enJoyed by the employees of the City of Englewood. The • ) I • • ( ( ( • • • - -9- success o f such a n argument would d epe nd o n the wil l ingness o f a c o u rt to find the City ha s shouldered s uch an obliga- tion by implicat ion, rather than by the exp r ess terms of the c ontract . Thi s po i nt is not fully explo red wi t h i n t he s cope o f this Mem orandum, but should be fully e xp lo r ed pr i or to fin a li z i n g any action to be taken by the Engl ewoo d Ci ty Co un ci l. Wh ile the City of Englewood appe ars to have a Cha rter -pr ovided obligation to b arg ain with its employ ees concerning wages, h o urs and other terms and c ond itions of e mp l oyme nt, this requirement is not furt her clar ifi ed a s t o breadth o r pro cedure wi hin he scope of the Ch ar t er Amend - me n t. N2_r , is ther e a ny developed Colorado c ase law conc ern ing a mun i c ipa l ity 's obliga tions to bargain , no r the procedure s that a pply in such matters. An approach much utilize d i n o ther j urisd iction s to de ermi ne whether spe ci f i c topics come within the barga ining requirements o f s uch an enactme n t is a so -calle d "balancing test". See the Repo rt o f the Committe e on S tate and Local Governme nt Ba rg aining o f t he Section of L abor Rela tidrts taw of the Ame rican Ba r Ass ocia - tion: 1977 Committee Reports, Vol ume 2, P a ge 1 96 . ~r such an approach, the municipali ty wou ld d e termi n e wh e the r t h e item in quest ion has a more significant i mpact on e mp l oy- ment condit ions on the one hand, the manageme nt re s pon s ibi - lit ie s ves ted in elected officials on the othe r. Utilizi n g s uch a t e s t , it would seem tha the policy in qu e s tio n he re i s more c o ncerned wit h the cost of doing bu s iness a s oppos e d t o e f f ect i n g in some way t he City's right or ab il ity t o c onduct its bu s iness. Accordingl y , under the l a t e s t develop- ing principle s , th is topic would c ome wi th in the a mbit o f the negot i a tion requirement ex pres sed in the Englewood Ci ty Charter . To t h e ex tent, howeve r, th at the a r gumen t that there i s no implied contract or act ua l con tract i s appealing to the City de s pite the risks of that po s ition, t hen the En glewo od City Council would be fre e to leg isl at e in this area at t he p resent time. Obviously, taking such action may have political imp li - c a tions with whi ch the City Council may not be comf orta ble, in view of Charter language suggesting that e mployees h a ve a right to negotiate on such matters . At thi s point, the question the n becomes a policy decision to be d e termined by the Council. One practical consideration de serves t o be kept in mind in relatio n to this d ecision. Legisl at i ve enactment of a pol icy in his are a by the Englewood City Council c o uld possibly p ut an end to the curre n t polic y of payments on promotion and esta blish the author i ty of t he City Council to act in thi s area . At wo r st , i t wo u l d a p pear that any lit igation that mig ht ari se wou ld cle ar ly es ta b l i sh t he City Coun cil's authority to act i n thi s mat t er to the • I • • ·In ( ( • • • - -1 0 - exclusion of the Career Serv i ce Corrunission, subject only to the requirement that the City negotiate with recognized employee units concerning matters determined to be within the meaning of the phras e , "wages, hours, and other terms and conditions of employme nt". • I • • In n • • • DOCUMENTS FURNISHED BY ENGLEWOOD MUNICIPAL EMPLOYEES ASSOCIATION 1. Sununary of Association Position c/. 2. Memorandum to Career Service Board from Andy McGown (July, 1973 ?) 3. Memorandum to Board from Association, dated July 19, 1973 4. Excerpt copy of Board minutes of July 19, 1973 5. Excerpt copy of Board minutes of August 16, 1973 6. Memorandum of Understanding between City and Association of June 27, 1974 7. Copy of Board minutes of September 19, 1974 8. Excerpt copy of minutes of Board meeting of October 17, 1974 9. Excerpt copy of Board minutes of November 21, 1974 10. 11. 12. 13. 14. Memorandum of Understanding, dated June 12, Memorandum of Understanding, dated June 29, Mayor's letter to Board of May 9, 1977 Letter from Board to Mayor of July 14, 1977 Memorandum to Board from Association, dated 1975 1976 July 19, 1977 15. Letter to Associat i on from City Manager, dated September 9, 1977 -------=======-=..--------------• • I • • ( • • - LAWOP'P'ICU CRISWELL & PATTERSON JOHN A . Cltl8WCI.L OAIIIY .. ATTlllleON J780 80UTH &ROADWAY E:NGLl!WOOO, COLORADO 80110 TELEPHONE:: l 303 1 781 -0100 JOHN N . MC NANA.RA,"'"· JOHN&. MYl.&8 ~-1 • September 27, 1977 To : Mayor and Members of Council From : John A. Criswell, Counsel for Englewood Municipal Employees Assoc iation Subject : Unilateral Action by City to Change Promotional Policies Effective November 9, 1972, the voters of the City of Engle- wood amended the City's Charter to require the City to engage in collective bargaining with its employees . Procedurally, the charter amendment requires such negotiation over matters relating to "wages, hours and other terms and con- ditions of employment." If agreement is reached, both the City and the employees are under an "obligation to execute a written document incorporating any agreement reached ." (Charter , Section 137 :3). On the other hand, if there is an "impasse" in negotiations, the Board of Career Service Commissioners engages in "mediation and fact-finding" and makes a recommendation for settlement. If this recommendation is not objected to, that recommendation is implemented . If either party does not accept that recommendation, the City must call a special election to have the qualified electors of the City pass upon the matter (Charter, Section 137 :8). Thus, if there is disagreement between the City and its employees over a matter affecting those employees' wages, hours and conditions, City Council has no legal right to take unilateral action . It may either accept the Career Service Board's recornmenda- tion or refer the matter to a special election . The history of the City's promotional policies makes clear • I • • ( Mayor and Members of Council Page 2 September 27, 1977 • - that this subject was a matter negotiated between the Association and the City in 1974, when the parties were negotiating for the 1975 memorandum of understanding (Tab 8). They are not, however able to reach agreement upon the matter . Therefore, it was agreed to submit this issue to the Board (presumably in accordance with Section 137:8 of the Charter--see Tab 8, paragraph 8). The Board considered this issue in the fall of 1974, held hearings, and unanimously ruled that the City's promotional policies should be maintained as they presently exist . The City apparently accepted that recommendation, since it scheduled no special elec- tion to have a vote upon the issue, and has continued to implement those same policies . In neither the 1975 negotiations (to cover the year 1976), nor in the 1976 negotiations (to cover the years 1977 and 1978), did the City seek to re-open negotiations over this issue. (See Tabs 11 and 12.) The "legal" issue presented, then, is whether City Council may, first, accept a recommendation from the Board of Career Service Commissioners without scheduling a vote of the people , and, then, unilaterally change that recommendation. More important than any legal issue, however , is the moral obligation involved . The Association does not claim that the City's policies cannot be changed . Of course they can be. BUT, we submit, those policies cannot be changed without negotiation~ To change these policies, which were set by negotistions, cannot be done by unilateral action. It may only be accomplished in accordance with the above-referenced charter provisions . A valuable condition of empJ.oyment, such as the City's promo- tional policy, is just as important as the wage rate, holidays, vacations, hospitalization insurance and other conditions of employ- ment . We presume that no one would suggest that City Council could unilaterally change these agreed-upon conditions without negotiations--and this condition of employment stands upon the same footing. ~~ Thus, the Association submits that, if the City desires to consider a change in its promotional policies, it should follow one of two courses of action : l . Wait until the n egotiations commence next spring and place that subject "on the table" during those negoti- ations--this would make any negotiated change effective January l, 1979; or • ) I • • ( ( • Mayor and Members of Council Page 3 September 27, 1977 • • • 2. Request that the Association enter into negotiations earlier . This would, of course, require a complete re-opening of the agreement, since any such agreement is the result of "give and take" on a wide variety of subjects. The Association can give no assurance of agreement either to an early opening of negotiations, or to agreement upon this subject, but , if the present policy is causing severe problems to the City, we would, at the very least, be willing to consider the matter . s -~ JAC :kmr • I • • ( \ • , ........ .. ..,. • • • hoard of Ca reer Ser vic e Ccr:.:ai ss io~crs ' 1::-.r:.y :,cC.:,·.m , /,ctinc Personnel D.!.;:ecto;: P-:0~1otion i~a'-· scvcr:11 y c:ir!; \ o w, ~:l e I!o..:=~ o f Ca :-c.:·~ :::~::v:!.cc Ca r.u:.iss :.:..?"i'\ers ~~c 21~J a po::cy of ~~~itc!::,; ~tr ~inl:: vc r~ic ~~ p rocot ~o ::s f~= ~:~l ~)~cr:o~i0~s Giv en =-~~ Carl.'.::cr Service. r-·or exam~,:.!'.:"!, ::.: ~ r,a rs v:1. !.s c.t t:le erac!e ~nd st~? level of 7C and is promoced t ~ a ?OSit~o~ a t ~~c grade 10 :.cv ~l , he or s~~.:: wo u ld s ::n rt a t the sn,.~e s t c;, C . .Thi~ woul d rep :-es ant on inc:cJse in :o~:~ly s alary i:o~ &4~.00 to 1,052.00, a 207.0 0 n onthly !ncrca~c. ~hi~ ~olicy was est~~lishc<l ~~ra (? yea rs a:o, lo~~ before ~'/ .:rriv.:l. Ho we ver, like many v~h cr p(?rsonne: 11 po:.ic :..{;~11 :: h sve no :::1owicCse " ... cf the date of t ~1:..::; wr :.:.:.:13, of where t~·.::s p ol.icy is act- u .J.l ly ::\!co~cleci but will have both :-~s . Zu :1ke r anC: ?-:iss t :.;elst:o:i. review t'.1e .::il.!G ;;horoughly before the EcJ:ci t:!eeti:.~:;; . . \: ~:'.J' :-ate, i:i oy ~-.;d 3c:.:ent, w .. :.:.c h i s b .:.._.'2 c! on bc .:::l educ~tio:\a l ::.:-ain in.:; a . .::. wo:-k e:,pc:ienc.::, t r.is i s n !>z.d perso;mel l)Ol.i cy to follow. :~e~ ~ person is hired, he o rs~-is consi~~:~d to b~ h!~~d =~ a pos - ::..::~o :. f o:: u!1i ch v;-ic is ~:..i :-.:.ified c.:'ld can a ~i:..··.·.:.::i t ely p e~.:'on:. c:~e :-\,;q uirad C::.:;::.cs . If proL1otio :10 follow, they arc in:.se ci , in p a-::-t , on the ex;;- ~=ie~~c ~3.ined in :he positic,n \-1:~::..ch i~clps to quaiiiy t::l.:i c :~Q ::.:.vn ior a hi~her posi;;ion. '.::t wo:.:ld seem o n ly lo3ica i. t!-.e:-., ~:·,.;.t wl~e:,. a :;e rs o:-. __ :,ro::::ted, ::.::::.-~.: :--~c o= :.hQ. !::h ould no = ~e p.:0::-.cc ~d :'...:;.::o a high .:;~.:·:, l z v el L~-:t..t ;.":..:;:::1---:c s ye ars of i:?x pe...-~c:-.cc ir. ~:' . .:: :1 ir;'n<;:: :?c.s it.i.o ~. ·_;:c Cit/ C"de ::.tzcl ·: provic.lcs in 5 c,c ~~:i .1 5-3-S,~i ~:.,;~ ";.:1 y per::-~in"~t cm11l .:.;ce .-·:-::::o::!o:l.!d to .a posit ion in :1 l t! Ca :-c cr 3:.-:· .. ·~.:..1 Syate:a S hi!!.:. hi!VC pro:,- .:.::::.o .1ary z ::~:uc in :he p o.-;;i ::i :,r. ::o \.:::icr. n.:. ues p:-occ:.:!..:., •.• 11 Ti:lis· ·-~~ .... :_.c! :'..i:d ica:~ th.:.t ~h a pa:-so:i i ,; ::.r.:.:w .:..::C c . .::;3,: . .:: :.r~ chc high2.r ~l~si t :.o :i c:·:ld i~ • :.. ... iac::, on pro~e. ::.;i:-.:...-_-y s t;z. ~t:s . Ye~ Co •1ot :,2.ac.:! ..:.~1 e u .)loyee who is on probc.t:.ol:.a::-y ~ .:.'.ltu~ '--.... s~~? :~v..:.:.. :.·eqc:..::in3 =an:; ye.-.rs e:,q:erie;ice. I uo:.:l.:! l:'..::e t o reco=a :id fo;: ~Js~z~ es follow;: ..... l... U~:,on ::.::.y promo ~:..o~ ,:..:.t :-'.i n t he! E~3 :~;.:. ::i ~ C.irce:-Sc~ica Sys!<:::l , t:-:..? e i:p loy e~ wv ..... :..: be placed .::t .:! s t ~;> l13vc :~ t;:.:u:. wo t.:.::..d prcviCe L :..:::::.i:r.um a: S ~~ i:-.c::~2.~.:: in sc:~a::-y e:1.d i-em.ai ;i at such Si:Cp l::vci i or a r.:::.·.1u::n.:r.1 p ro:li!.::.:..:>~.:iry p.:?:.·iod ~..: 6 rao r:.:L!l . t:·}ot'. c c:~;,~e;t io;-i oi t :·.-:.1 • .-o::i..:. :io:1a~ pc:-"i~d, t ~1.:! ~:·?l~yec wo t~ld b~ ~~v~n c cd t o tt 2 ~2xt see~ ~~v~! \~~o~her J Z incr~ns c ). T:,e .:.:-.niversa ·:y c;;t c ior th .:.~ c~;:i :.oycc \.'O-.::i.<l th~:i bcco.r.e t'.-.c .:_rst day o: ::he no:ith fo:i.:i.0\./_:,3 1::1.e successful compli!cio:i o~ the p:-ooa.:io:ia:.-y !)c~·iod. '_: _ _:_,:; :,,olicy • i,.; uCo:.}tc:.<l, \·.'Uulcl n):·,l y only to rlo';"l-c;;;~r~~~cy c::?!.o:,'ccs .:.:; • 1;,:.'..·a·c {l r.C: Police salaries do :-.c c 1~ .. :::.:. ~ny t".ir-~it:lu::~-t1.:1:~:.:.::.um ~ur.g1.1. ~a~pcccfully su~~~::cd, • -----2 I • • • • - .s-;.;:.JECi'; FRC;-::,::.1:::0:,; C:!AXGE S JNJ::::: JULY 19, 1973 !::.::::'o:.. ... ::.::.~g ·~o l·fr. :.-:.;Cor.r:1 ; 3 :"'ccc .: :cndc::.:.~~o n t o ·..,:·.~ 3oa:C. :--c~a.::--.:!- i:::-; )~·or:.o -cion, 1·10 1·1oulci. :i.ike at -c:1:..a ti:10, :..f we w[(J, -co co ~;:::.,:;n t .:,:: :,is :·o co11CJc:1d a tion. :..:·.: :1 2.s, indeed, be en a :po l:~cy o ..: t:-:e C.:i:.·0 3r S er':\ce 30-,,::c -:o ::- .,:wo~··..2. yec.rs t o gra..'lt )!'O.-o tio ns as h0 .:i cs cr:..o.::s, 0:!r cuestion :~.:., ·,{ny ? Our ;.:nderstandin b of ·c:,i s oc..·:;·.;a~· i s ·::.:.£.~ :to C.::re e r B.,rvice Boar ~: ·~oo k til:i..s ac t io:-i to eli,:-,i::ate ::,any v::-.:,~le,:1 s i t hc.ci. :..:.:;·:.:.·::-::(: in :-eC:.uci:-,g step l evel s ir. ,:c nj unc t :..0:1 wl.;!: :;:i ro~:o ·;;:..o r:.s . '.'.', ·.: :::::.i e ve ·~:-.is st::-aight vertical :::.Licy is a i ood o ne ~·:.:i tnat it .o.'. . .;uld ;;e co :r.t i.:.t:ed . · :;i.:.:; <:.o o ~ :~·3el th2.t p!"o~c ·.;:..::::s ..::.::·..:...:.._ ";:3 '".}: . .:--::z:::, :.i: ,~,.J~, or.. e:;:- ::.:::."'~'3~::a ga::.::~d in t ha posi ~.:.. 'J:1 .r \iv !l :.~~~;~ .;_. ~:"2~.:..::...::., that :')~:..~- .:,::·. ior a h igne.::-po sition . ·::a .:.is:.. :-.c·::c:vo ::, o·.:.:,.c;·;:..o;-,_ :-.o w i ~ can ·.::; C:..:..ter~i ~c d ho w ma'1.y y ea::.·:s v f e .... ~J~-.;r,·ce e.:=-~ r -:.,.t·.; ...... cd fo~ a"'' -~.--·.::0:1 ·;o oe consid.o:..~ed c apaole o/ ~;;;i';:rr:::i..::/·~h;~-ci~t:..e s of a new )~s:..-tio :;~ ~·!;; f eel t~1.~.::. ·.::1e ?:"'o bc.:~i o :;::..:""y )~::--i ; :~ :,:.. .. o ' . .-::C3C. f.:,r in ·.:::a City [':,::.:; wh :..c.h calls fer .::t six r.:on -ch ~xc .. ~.: o.:' ~):'.'O':l.'a~ion , allows -~~;:~cient t ime ~a dc te.::-:ine a pc~3:,~·a c a?ab~~itie s. ··3 .·.-. n~-··· ·cv "si h,,., ··i,···· -".l 2 ::-s c:1 w::..t:1 ::o :::-:.r:ci f;. hi:.2.i" y a c.:..~s or ·· .;:.or; of~ e;:~;r i e;.~ a""';.;: -c:~ ·:::-~ ~ -Ci ·:,:/ ( ·::~:~.; ~.-·::.:. i.:_:..~ .;j_ to r~.:..~~~ F st ~P : ... ";_.. .:::_) j af·ce:. .... th~ six mo ~;::.h ):.. .. ~ ·~a.ti .:. .. ~y pe :.."'io i ~ cot:ld ·00 p~r- . :.:.~.:·,in;; '.:.he du·c i0 s o-;: tl:d ;,o:::it::.on -co ·~he fu2.:..est ::-:tent ..:if h i s .::.:.· '.·.a :-capa":):..l:.. t ies a.,d &lso ·~0 t:.e con:::,:...8te sa:~iafaction of the c:.:.:,s:..oy~r.:? :.:·.; ::_3 o bvio-:is ·.;o us t:,a·~ ·che e:-. ..:c -::~.:an·c o :!." :-::..·. 2·:cco, .. r.1 1 .s ::-e co~.1 - :....J::i cati-:.:1 vro u.1.d b :r:Lr:.g a bo·..:.t disc:-i:ri..:.:,a·.:.io:-, .'1.6tl:n·z: t:-:.e G:.::?:..oy:;~ ·.:i o :,c..s . wor~ed for the Ci ty :.:.'o:· ~ .:;:ie::-:.'...od o f :.'.';:;u :: c.r:d. a ~cl i o :.· ::c:•.; yea:rc and wo uld ei:cou:·D.-3e ~)r om o ·c i o ::13 of .:ml~' or..:. i;::-~de a ·;:. .::i. -~::..:::i J . ~: .. :J,U?1E : :i:~ io :9o s E{.°J l e .:or a ;,::i:·.:;on to 'u::i hir ed at Grt..dc L;., .. :~0:9 :.. ev el /., °J 0 :.:i~ o !"3 o t 0 C:. t\'iic e in r.:i..s :::.:c ;;';; ::c ur yea:: s --fir st ,::, ::;:·.:.de 5, the;: ·;o g r ad e 6 --c:.'1::. r.c-; te de::.otcd .~::cc i :.1 step :..ove:....J. O:i. t :.c o ·c:ier ·hand , c, :::.:;:-s o :-i i:i .;:·.,_c_,:. !..:. ·.:.:o ::~a ~·,orked :."j i:' ·':.h.; :-_·~y :.."'.J:' o ... ,er fou~ CT.C. a .":.~f y .;.;;;;.;..""s a;:d. h~s e ~:ned step :.:. :..::1 r.' --s:101..:ld :1 e oe ri:·o!'.lo;;e d ·;;l'lo or ll!Ol:'e i-i-ac.i.e s, !· .. ~ wo uld :....:;s .:. ·c :-ic s ·~0? level and be re,::·..1 ::..r 0~l ·~o )rove t:.~.,s clr D.GC.::..!1 . :::·_...:.:?.~~: !. p ::~zon ::.n st.zp lev el ;?, in ~1y sr.::.d e i~"'o::. 1 ·:: .. :·.::;·:.~:-. ·.2 -.:c ·.::..(· '--·,·ance to t;-._ n e xt g ;:-f;.C:.e (ct:.2..1 s ":3 ? ·~cvel :::') ~;~·_.;i~ !°';.O st~:) cic:.:o · ... :i.on . !{o wc v~r, z~-.oul cl h o s::o\·; c no u tSh i ~1i tintive ~-~ ~\:..::_::ity to oc p :c-o~c,;;.::d t wo Gr.:..c.0 s cit or.0 ·.;ir.-,c , th e;:,_ :1a is da- :~o·~o.:.. ::,:..:J ::itcp . \'/HY? • ,r.' .• 3 I • • n • • • • • -··--, ......... _ ...... ., ""~ ""'" !"'1...:.!,·....,, .. ,;: .. _...., _>ro::;.o ·.:cd c :-.c 6 r.J.dc .J.t u tii.,o, he is c.::.p::.blo of !::1 ow i ·-.:: ,:~ .. :_ .:s.ti ~.::,ir.e a.:.::., ·uut the cinute he is offe red a two grne e prv.~.::,~io::, the~ he is ~cna- :.i~·J,: 0 :10 ste p u,,d re quired. to earn t hat s tc:J o ,.c;; a ge:.:;_.:.. J:ti z : 1 ~t i:c:r· li!tc thG old :x.,ili~ G.w!ce , the '::,:u-S.;,~~:, --o r.e st.:.:p ".:>.:i.c!c ior two grades .forward . }~. }:cCo vm states ·.;;1a t t :.is ·lX~.:.::!.cy, i f .:i.:io ~~-::i d , \'/oulc! a:)?lY ·;,c, no:i -on:ere5e :1 cy employees only, as ;.Jlice a.:-.c. :'i:::-o .saJ..::.:.~ies cio r.o ·:.: havu a"l y rni1:i ;:n:r.i -r11x.::i~UL1 ran ge " NS:ve:.,.·~~c:.~.:;s, v,e J0J..ieve thcr o ::.s .'.l. dir-ec t c onn cc tion i nasr.: . .:ch as t i: ... .:;c ci.e-::ia:c·.:::. :J :: ts .:i:e ur.d o r Career Servic c. .t,J. thouch t!: :.-:::c d ena:·.;:::(;:"i-:.s ~ do r:0 -.; have a :.::i..n:.'.:·.;· :1-~11a.-xin:.1m cte:, ::.evel ranGe, .;;.ey do l-• .:.v e g:''"'dc lovols • . :.;x;_ ..• ,.LE: Tho pc _ice C:.G partl:lent gr.:.d es .:::-u n :'.'::·::,~: Pat:::-0lr.1.::.:: !.; ·:;}:rou.s:r. ?at:?:"ol::ian 1 1 then Tec hnician, ··,:·;;e c::::..-0 1 .::::.:·.;ea."lt, etc. I t is possi:::;.., fo:_· a Patrolman l; at \i 11 ,8.32 y <):..:'.'ly Galary, to ::~ :Jrorr.oted to S :..:.;c:::-.. t a:, S ~L:.,O :..,:i ; ;<:ich i.::: c ~:. .. 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'.:o!:' ·.::-ic. p oni·;:._o:"l v~ ::c;,·.i:.:::,.-:-. -:."'.: o~~:..::i::.·::Oo:: ::: , :::2'.:c.r ,...,~ic tl he woulci s ~:ni·c an cl.is;i~:..li·.::y lis:::. fvj;. -c.:~u B~~d i S ·.·· 1 ~r::_1::ov~l. > · :-.::c . :-1 c Co\.:-.1 ~~oi. .tc.:.. o~-.·:.: ·:.::"le ·-· ·-· 10!1,;:·::.>. =~·:wc~n Bo~::c! :r.!ootii:s-:J e,:.;.:l ::.;\!C)g~::;t.::~ wr ittc::1 ~;.::occdu~.,:;:.:; s;iv:;.:~c; t r.c ?a rcc!'.r..ol Dirl!ctor -~~c l!.u t:,o::ity to c er·.:iiy elis;i..!:.i.l~ty li~t.:J. c :·.~ s::.:.rd ri:c,:d..v~C copi.:..s of th:'.;'l D.D:-..-;;.-1 r.t .:.~.:i , .. ·i.:··--""...:nt '-.:..::~i!"...:.-'i.::!c:l!J t h.3t tt..:.: Ci·cy P...: . .:i o:, i:..::--:?::ov:.:.. It t,·~:j li.?~!d...:d '~·:-~:..~ AH E:--SCt...~IVZ S:::.5S:i:O~ \·iOt;i..::> BE K:;~ L.t.·:.:z ~ 'J:O VIZ:: ~~~!. * •,": * w 1. 'i':1c m::.nutcz of the regul~= :·.:ee tL~g o:: -.J·..i..,e 19, :973~ • •, I • • -• • - ... ,:,.• ), : I 1 ;-;o L:!::.·1:!s .. . . -~~.:.: !__ !. ~-~~ •. ' -·--------·--" ==='-'==-'"===~======~================, ' • , l,!isi~~c:tnt c .:=y ::a ."lilg::.:r, ~-,.:;:; .?r:1so.-:.; to :c -op a n .:!i!;C::E:;i::;r. on t he /.'J !H:J O •. ~ .. ? ... ·CS':::'!.::!d to :... .. ,; .;.:;.::=d e'i:. l ;::.::= ~ont h 's ceoti~g :ag~:ding th~ ~=o ~:o tion p=oco&~. l. ::OTIO.Y 'dl,S X A D:::;, s:::c o:JDE;), 1.:1 :J ?,~sS:::;!) TO RZ /.!C'/i:: T:!E :-::.::.JO ?R O~ TABLZ AND R E-0 2 CN IT TO DI~=ussz ou, ~=. ~=a ~~ st ~tod that he h~d :a c ~ivod the com~uniccti o~ M:. :1 ccown ~~~ =he one fro~ the Empl~yae~' As ~~=ic ~~o~>. ~~ c ~n curs wi th th o A ssnc ia tio n 's iiaw th~t t ha currbnt system of promotion be retain~d. Hanson c:graed. :Zr om and ~ ~OTION w i s HADE ~N D SCCC NDSD TO DEN ~ ~R . MCCO Y.:'s RZCOM: uz::~h~ZON·AUD ~o Rr~A IN TH~ VE~~=CAL PaO~O~I ON ~cL=cY. .~.J V. ilo.:::.n!:c o ::.1 1 .::.1 for qu .;::t..!~n. f.J J:, !JOC:J;·n) .. :;,.1.:.' .... · ;:,, l/J-· .. ;.;,J :JJ',J C!J !.u ':;; .:.~1.~.!.;.J tJc1 :) ,:;;;,,.1t 1 .:>:.~.1.::>.!"l'J , ~,:;.J,1 -.:. .• !.!J pol ;:.::) C'/:::.; ~(?:,_;~...:..) t:h c1.:a U C.~~-~::::-•• ~ s~all Dcl~ry diff ~re~c~ betw aa~ gr~~~s t h~t o L~~~ c ~~- lo 1~a z :ac~iv~d no inc ~o ase a~ e ll. ~lso, h~.; ~~r/~J a ~·o~~ar c:1.t.i:,s s.>Jos,ed that no 0 ~;1..)r ci ·.;i c!: .. .:vo -..:..' . ..J / •• :·:.i c ::..: :_;:J:.10/;ion ;olicy, ~u rthor, ~r .· NcCo~n voico d ~i~ dos i =~. to h~?o t ~o · ~~~to: t ~blod u n ;i; ~ll thJ Do ~rd ~o~ba:s w~=~ p=o~~nt :o vo~a. :Jr, Lo::ig c:o:1 c'Jr:ad, c.."lc! st .. t od ~hc:t ~:::.'":l.:.;:,s t}:.:.: t.:;.:;oc!.at:!o~ ~o~ld alco ~~nafit if all the mecbe:~ ' •• ')~,', I ···r,,. gcn.:.r~l diccucsion on tho aazits o f c~c~ t J~o o ~ ~roaotion .. :.:;;;;tam on;;-.:.:.d. i:H3 :-:OTIO;,r ;'l ::~s RE?Z.7'..TZ !>, S E:CO ilD .:.~::·, :::.:,~ ? ... ::s:.J !) ~o D ::.:Y.'·l ·!':!. /.!CCC:.1 .~1 1 s R.;;COl·ll':!ENDr" '.lION .. !<.,"ID '.Z'O RiJT."i.I U '.:."'~"-!~ VS-::.'J.,:.:c;;·i.!., ?:20U0'.l1 0ll POLIC!!. H, ~. Dr'1U!:; ':l~lli~::l ... .:.:::.:::c .1, :::. 1:cco ~~ ~tatod th~~ ho co ~D~~~=~~ t~~ f a c t t h~t ~h e .,a ~ ~~~i ~~ ch~ benafit of ~ fu 21 ~o~~d ~~ ~3ront, end h~ ~~t3nd~d to bring it agQin ~afo~3 'chJ -~o~r 4 ~ Cit9 th.4_t ... ~ 1 ::.J ~o ~r d r ecei•.12d a latte: fro:., Jo h:J .~!u=pi:.y , fo~r...;= :~r50::..1al ~~~~cto~, r~~arding tho . p~~~an~ of his longa vi tu . Th ~ Bo~:~ r o co sn-~cd th~t tJ.~y ..... ··· , .. e nd that it had ;;:.lr:.,c.c1'.J' had n~ J ~=~=ei=tion in thi~ .. ~Jan t ~k~~ ca~.:. of b~ the CiCi.~ 55 • .. · .. :: 7 .,., I i r '·:· , . . r ·, i . I . : , .. ( . ! ,I I • • • - ~i;~~::?::~,~$-~,~~] ~~.-~~=-~·,_,, ---~,t~:r .• , . : ... :· :...·i. ',• ~ •· ... , •·· ... -;~·.,,,~._-;._::r ·_:·'. ·:., :··.~·· -. I (··.~:~:~:.::_.. .../· ... ;·· ,~ ..... ': ... .J :,, · ~--.THE CITY ~:-~~If."IOOD AND 'IHE EN:zLEWOOD MUNICll'AL El1PWYEF.S ASSOCIJiTION .. : .. ' .>:~: '..-.· : i:/_·· .. ·j.:~-~-.::~:~-: .:>~·:r -,,.,,~ ·: June 27 • 1974 _ ,; ·-., ... :;:~~·;{: ::~ :_-~~'._}--:.--_·.· . -./;. '; ·:\r·· ~i,<·,; ·:_ -r ••·'1 • • 1; •, • •'• ., •· • •-._ ·,.,. •• t~ • • ;:. r ',.:~:·:~t,."' .,-. ,' • :: .. r.~~·•. • • • -• I,~,,: •\,~f l ': .~ .. , .... _.., ... ,.,..., .. ,~ ... -:., '•.:·,::!, · · · ·.· .. We propose the increase in the total cCJJl)ensation package for the . year 1975 to · · ... ,, .. : ·• be equal to 10.4%,· Th1s includes a 10.0% cost of living figure as well as a ., , ,.:<, ·.·· ... :.: · .' .. · • 2% catch-up in total . canpensaticn when the total cCJJl)ensation in Englewood is ·: . · · . <. !· , '.' .· oa,,pared to five surrourxiing cities. In addition to the 10.4% total c~ensation .... ,:=.:·:. :·, · .i : ·. . increase, we are .proposing a 1. 2% net increase in the pension area made up of .1.1%: . , :. (~: ·: : .. : .: · ~ : decreased deduc;tion !'ran the anplayees pay check on the average am an increase .·. in -,J _. <;· · •. ~· .:.. benE:fits equal to ...1%. While gross salary as such would not increase, the net · •: 1:··/ • •. ~ ••• • • ··:." .. .'" take hane pay of the average anployee would increase by 1.1% .•. This 1.2% will be .·, . ."~: ·: ... ,; -... c> _f'1r,.anced over a long-term process by extending the City's cUITent financial · · .. · .·~··· ~~-- ;',. ·.';. ccmnittment t .o the City of Englewood Retirement Plan to fund that :portion known . · .':;.. ·"''' '· . . ::_ \ :: /· :.as 1'1.mf\iroed liability". '!he cUITent 15 year ccmnittment to furn -that would be ... -~~:-' :, . · .. :,:.;,-.·-· exten:led to -whatever actuar1ally.derived year ccmnittment is necessary. This has ···a: .. · . . :· ... ;_.,:/the effect of increasing the overall cost to thee.City in the long run.· .In surrmary,·'> , .. ·:, __ ·:· ,,.._ : : the net ·increase to the employee is ll . 6%. of which 10·.4%. -1.s to be financed by the > ··-:~_:.· -~·:~· .. ,City in 1975 an:l 1.2% to be financed over a period of time as~ actuarj.ally determ.1ned : .. ;:'., .•.. -. ·.:·\.~ ! . ·. . ~-~ ...• ;i~:~.~~:-·,:.:_:.t;·~/t . . . . .-, ', .Employees will be given an across-the-board 8.9% increase 1n salary for: each : · . -.· .. ;.-, .. · ·· position covered by the Englewood M.!nicipal Employees' Association:._ .. ;~~>.:,._.;,.·:··:: · .;':'., · · . ~. :~,~~~-. . . . . . . .. · ~ -'!.:.~FRINJE BENEFrI'S . ........ . . .. . · .... :-:..·,:-.; :--~:· .. · ·"!· ,., . -: . ·:.:··:;,. .. . . •, . . : ; ! .. . . • ,.J ...... · · "'~ :·. 1.· ·: Tuition Refun:l: The City will consider· the tuition refun:1 program as .: . ·~ negotiated for :1n 1974 to be continuing for one more year at the ·same basis~ with ·. -~ . . ::.. · $40.00 be~ put into a tuition fund per number of anployees covered un:ler non-... ·-·~-· ""· .. , .• -:·.:. f J . 1 1975 .,.. . . . . . . . ; ·~ -._ ... 7 ., .· . ·· v, emergency as o anuary , • ·· -,.,J.... · , :."'~·:-'"':·, :--: ..• .,.-...... .;..-:-·_ .... ·,.·:; -~--_. _ _. . .... ·;-~-/> ~---.. ·.,,. "':. ·. ;1. . • . •· . -.• _·~ .. ~ .. : : ..• ·, ~-·: ... --~-:,. .. ·,. :~_.: .!,-· .. ~ ....... 1... ·: .. ,•,~;,_-:~·~: .. : . ---.:~~.,.)2 ; .. ~ Obstetrical and Nursery Benefits: The City agrees to upgrade its obstetrical'·.:,.t,~·· o-'.: ·· ·. am nurser"J benefits to match Blue Cross an:l Blue Shield Preferred 90 Plan .in 1974 ;-: '' '" · ·' -. · ... Und er this plan the obstetrical benefit will raise from $167, 50 .to $198. 00. Coverage -. ·· :· · for the newborn children will be autcxnatic !'ran the date of birth. provided the . ·' ·, ._. ··~ ; ...... · ' 'enployee caITies family coverage !'ran the time of c oncepti on. All nursery fees such · : ,, ;: . . : .... , as roan. board and miscellaneous charges are paid for by the City's :tnsurance ·program ... . . . • • ··:. , . ' .... _; . · .... -,ici .. ' ... 3, ·Englewood Work Experience Program : In order to ccmpensat~ the ~loyee totally ·;' ·. ~."-; · · for his Englewocxi work experience, the City is offering the following experience · ~ ,··.; ·· ' . program . This replaces the existing longevity canpensat ion program as set out in ··_.:·;:-:..:.; ·· section 5-6-11 of the Mmicipal Code . · Canpensation under this program will be .... -. ·· :. included in the pension benefit cCJJl)u tation. · ,;;.~., ·-.. ·~ ... . ... ... ~ . . . . .. · ..... ·:--····-·.·· • I., I • • • • - ..;-·. :h~, /····-· /. ~, .. . . ......... :.· · ... - . ~-: ~ ·: .. m:lLEWOOD \o.QRK EXPERIENCE Years of Service Amount of Compensation .... 0-4 '\None 5 -9 10 -14 -·:· "' .·.,:. .':.~ .... : ','t : ... . ,, . ..... ~: ... ': . : ,;, . ·. '.' ,,.~ ,·. :_:··: ·1.5 -19 $12.00 per month for _$144.00 per year, except for those enployees who rave · not canpleted six (6) full years of cont:1nuous -service on Decanber 1 of any year, which enployees shall receive. an ruoount equal to twelve dollars ($12) for each full month of canpleted cont:1nuous service a.!'ter ccmplet1on of five (5) years of cont:1nuous service. up to Decanber 1. · ·, · ·~·· , . : ·. · :-, ·. ,,. · I ,. ··~ • • ·;, • •;, • • ·~, •• ~ • ··~· ': $24.oo ·per month for $288:oo ~ y.~,' except for those enployees who rave not canpleted eleven (11) full years of cont:1nuous service on Decanber l of any year, which enployees shall receive one hundred and f6rty-four dollars ($144) plus an amount equal · .. ·· . -. '..:. ... ~ . ' ·. to twelve dollars ($12) for each full month of · canpleted cont1huous service a.!'ter ccmpletion of ten (10) years of continuous service up to : . . -.-... ·,::--__ .. , ',;. ,_·.· December 1 ' . ·. · · . , ·. . · .. . !.; • • -. r ' '~ ' • , •• • ..... ·-:--:·. • .-,·· ..,_ .~:i l . ~ ~ I' ' "' ' : • ;'I'•'• ' ,: '~.:·· $36.00 per month for $432.00 per year, except for those anployees who have; not canpleted sixteen (16) • .. •.-... ··-.... · ~ 1 y;;:,sw:c~ 0 ~~~~ =~~c~~1e:c:~~-:: , . ·,:·tf·;,f~, ,. ': / • ·.·, ::, .: · . · ,· .:". and e.1ghty-e1ght dollars . ( $288) plus an aroount equ.ai ···· · .-_. . · · .": , ·, · ·: -~::··\..~:~_:·. • ... ·: J to twelve dollars ($12) f.or ·each full month of 1 ··.-.. ~· ... :' .. ;... _;:~ ·.~ . . ,,... .. . ,. , canpleted continuous service a.!'ter :canpletion or .. ·.. · · .. / ..... ;_· ... · .. -· , .... ,,: .•. ,...:,,-·· · · ·· --_ ... · fifteen._{15) years ,_or .. _service up t.o .December _1_; ~:. ~. : :_·. · ~,·, ......... = :,.);.< •· .... ·:--,· .. :r .: .... ~,.-;._-;,l ...... , .. ,·.-. ~. ·. • • f ,! --,i • -.. r • ,, .,,-__ • • • • ,, ', 1,,t ti • '11'-• ,•: > • • ('.• .• ., ... :·~.Ji.:,::./,~'•:,>•••--::"";.;•, :. ,·:t '0 /''••. ~":'"1, i ; ~ +,~,.··; ,,. ;"".:20 or 'more ;.: . : . .'/. $48. 00 per month ' for , $576.oo per 'years; except for . ::-: ,· ··· .. ;;-'/_. :·:·, ,-:~;>J,.'..:;:;;,;-__ -~-, ~-. ' '' . .'/·.(..;..~ . ..:: .. those enployees who have _not canpleted twenty-on~.:,··::.>:.::~~:.,-, .. _~.·_: ... -/;f_;, ,. ~-':·.•':"~ .... ::',-· ·. ,, , ·. · ' ~:,{."..<':'~·. (21) full years .,of continuouir ~ervice on .December. ;L · · r .. , ::'>,:;.:;:.;="'.: /. ,-:·· ;:~>, :,.,·;:··.-.... J · ... ·: ,, .,.;:'c'j .,, :'·of any year, which __ enployee shall:,receive rour run:!red . :._;·. ;_ ,...;_~·:.'Z ·I·· :\1 .:..;t:;· f_"·t .,.,· • .::~.-~~..;,,.,:.".,.i ,::~,:: and thirty-two dollars ($432)-plus an amount equal to .··-,'~<~.·-~~~·.-. ·>_:'i,>:; \·.: ~ .. ,. . • ,.->: ;:;:~. ·. twelve dollars_ ($12) for each full .month '.Of canple~ed .... ~.:,.,}''. .-~·.,::-_ :-·.-•·.··\'''.'· :···: •••· >, • , • ~ _-. ; ,-contin~ous service a.!'ter . carplet1on. of twenty (20) ·, . ··-. . . . · .' · . . :.;:-:·'. · ·. · .· · (··-~··;~,....: ·years of ·cont:lnuous service up to Decanber .l._, .. ;·, ~-, .. ·.'-.,·. ·: .. ··:':.<s:·.-. . l/:. . . , -: ~L::;; : . . . , , /:i : \:ttJt:,_:.~,·::,'.:~::\;· 't.'i ;;;·,~. ' ~ .. .... ,,. 4 •.·· . . ' .. ,..1 • ··. ··• .. ~ t·· ... -·· .. "' .•· k ., ... ~ .. I ,-• ~ '.~ : • '-':, · .. · .. ··-·: .. :::~~·-_ ;.-.: .. ;;: .. ·~~ '(' .. -. "" ··-l·:·',: , .. 'I,';• :/~·4it~)·~ ..... . ,( ~ .--.. ~ ... -. ;,.,' .. :·· .. · .. ·-··.-:t"·-.: ··:· .... ;-,,: ... ~ .. . .· : -.. ··, .·.· .. ·· .. _,, ..... • • I • • n -• • - -i ·•.· ·:·. '.~!".): / ;. 4 ~ ,-.. Injury !.eave: . · For an,y on-t~j ~b jnjury ~ , which c~uee~· a non.:energency . . employee to be absent fran work as a result of such injury, t he City agrees to / ' · pay to such enployee his full wages fran the first day of his absence fran work up to, and including, the 9oth calerxlar day of such absence, less whatever is received by the employee in the f'onn of tanporary total disability benefits un1er workmen's ccmpensation. Absence !'rom the job _as a result of an on-the-job injury, during the first 90 calendar days thereof, shall not be cmrged aga inst the e:nployee's sick leave. The City reserves the right to require any individual on . jnjury leave or disability leave to submit to an examination by a City appointed .. , :. physician at th:_.°ity's expense:_· · .. . ,·· :: ... _. . _ ... _ : . _:_ '· '~:5:-,. Sick Leave A~croal: The City feeis that the enployees'. sick leave accrual should.,_· ...... _-_.. be on an equal basis with that of vacation •. Therefore, an enployee urxl.er ten years · ·. ·. or service would accrue sick leave at a rate of lli; days for a total of fifteen days · · · . ··,::,,,-in one year. After ten yea.rs an enployee would accrue sick leave at a rate of 1;,_ : , :· .... · .. days or, 18 days per year. With the upward revision of . the sick leave accrual · .-. . , , .. ~~·~·~t _he rnaxinum ilmit would therefore change to 150 clays. and the conversion privilege ·. ·. ··· .. '..:. : as now established would be raised from 90 to 110 days. : Anyone, therefore, ha.vi.rl.g ·. >-··.~ ·c . , : . 110 to 150 days of sick leave could convert _ to vacation leave, .. · After 150 days --.. ·. · .. there wruld be an autanatic col'lV'ersion to vacation leave. which would still be at · · · · ,.' · · · : . · ~ .a two-foI'-One rate (2 days of sick leave = l day of vacation leave.) -. · . ··· ;· .. · .. . .. ' . · ... .,. ... :··: .. , ~-,.· · 6. Lti'e Insurance·: The City will change the present life insurance pr~ to · , ;:_ .. : ~ . offer a flat $11,000 term life insurance policy for all positions negotiated far . . by the Englewood M.micipal Employees' Association. · . · . · ._ -. -·. _ . ' '~•o• ... l,,l:"'"·-. • • I • • ,, ., .. . , .. ,7.. Holiday Switch: The noating holiday would be pla~ed permanently . on Christrras Eve for those not on shit't work, This is being done to avoid a · scheduling problen . prevalent in many departments with the employees deciding at the last minute th:l.t t y want to take their noating holiday. · , ; :i.: · I : .' :,,; :/. · 8, _ Pranotions: _ .. ·;; The City and the Englewocxl. M.micipal flt;:>loyees' ·Association · · ·... i agree to j oint'l~i request the career Service Board to hold hearing and make j~ent . : ... -:._ : upon the procedure currently used for salary increases upon pranotion .in the City . :·_\--_'.·-. , of ~lewood. Both the City and the Association .feel th:l.t a full board should . · . · .. _., · · consider this issue and will encourage the attendance of all five menbers or the · · ;-·:---.·- , · -· Board at their hearing an this issue. The City and the Association request the . ·· · . ' -··; Board to set a date for hearing of this issue at their .next regularly schedule:l .-· ·, :-_-. '· :· _ 5_:;:{ -.-:' meeting with notification to all interested parties.·~--.-·· _ ,_..'. ·: · · -··.-':.·":'.:· _. ~ .. ~~-~ ... :,;.,: _ .. ·. . · ... :1-.... :~: .... :-;,:.'-·,.: ·:,·-:. · .... :.·-~:.::.~-~::- :,";:-.. ·-:--.. 9;· .e City will 'agree to a revision of the contribution .rate ·arn benefit .,rate ·.'.:_:::/'>. :_ ·. i' :'' ; .• ~or the Employees' -Retirenent Fun1. To substitute for the current deduction rate .-. . .. or 3% of the first $550 a month and 4~ of the exc'ess of $550 a month, · a flat ·_ · ,.-, ..... - ·. -· · . l)"...rcenta,cz;e of 2.4% of total salary wil,l be applied, For toe ayerage enployee --·,,:_~-~·-··:· •• 0 ___ • nak1ng $9,920 a yea:r, this will decrease his average deduction fran 3~ to ·2.4%, .. ..... ,\;•"' ... •,,. :: .. . ~ . · .The current benefits of 1% of the .first $550 ·a month and l~ of the ex'cess over -, · ';,--":;:: _ · · $550 a month ·will be changed to 1.3% of the whole salary for the year. · The ·l.3% . • -..~~-.. · · will be nultiplied t:1mes the salary for each year of service and each year's ,_• _'"·benefit will be accum..uated. · ·· .,· , -·., ·;.::~ .. · · .·· ·. · .\ · The following is an exarrple of the contribution change.";_ $10,000 salary for example purposes. '· 'a :_ ~-• • ' . .. . _.... . ·.( . ., ... .; . . ' . ~ .. , .. ;1 • •.• · .. · .: .. '·< -~ ~~ ~· ,: . • . : ' . ;-. • .... I • • - / •. r . Old '; 3% of "$ 6,600 a .•. ~ .... r . 't.i .. , : . 4~ of 3,400 = Proposed 2 .4% of $10,000 "' . <., ..... ~ .... '· ( . : • • • - ..... 3 ·' ' ·:··· $ 178 .•. .. : .. 153 $331 a year $ 240 $91 a year deduction sa,.;.ings • •,: .............. · .... ,. .. •• •• • ·:· •, • :: M• . : -. ....... , .·. ·: ..... ·'.:. '". _ .... :-: : __ ,. .. : .,.-· . I • • i! •; ,.: : ... ··~, ' I • ~ P~O::SEXT : A5.3 EN?: • - ?.2gula:-: .-.:0 -: ing BOARJ OF CA REE R SE ,NICE COi,:XI SSIO,mRS Septembe r 19, 197 4 ~-R. Hos £~n a , E . R. Br ~~n , ~111:em 3anso:1, Winifred Uhl:.nger, Cha:,:,les Za :-tman. None.· AL SO PaESSNT: R. Lo:~:..;, .0., Loyd, M. Freer.::.:-., :<. .• He:.:::.., L. Siler, H. ,.;·..1ss er, G. Sagr-:.::..::..o , B. Goo~::-.a:1, B. Aus t in, and G. Macrancicr , ··'='. BR.i:.t:;N ::ov.so AND :.3. r:;.),S O:·; SECO ~:JSD A :.:o ~rc:•! TO ACCE?T TrlE g~;;u·l-:E :3 0~ r,,;-!E SS P?E?v'BE? 5 19..,..; ":-:--::.,--,~G F ·,-,.,..,n ~;iE EXCEPTION 'I·:-JAT ITEM NO. 4. o;; PAGE :..i,b ~i-:is 1Er:iio: • Ay es : Nays: :-i os a n:--.a, Braun , iianso:-:,· Ul::.inger, Zart:,.an. None. Tha mot ion carried, -----T:1c: Co :.:r..::::;;,ione~·s then :i roce e-:..::c. ·.:it h the ::-.::aring en ?romot1or.al P:t:'ocedu:. .. cs on sc..lary inC:·cas E:~. Mar 6are "C :9 re e1 .... a:-.. \·!as asl-:ed to ~)a a!:. It w ~~ s tated t hat tha ~~~s onin3 Je hi~d h~vins ~his hec.:·in3 1tas t hat b~c a us e of t~"1e c:::.sagre~:.-~z ~1 t b e t :·:~en -.;he Em.:;,loyees • As3 ociat1on and t h e n e~ot~a:0 ~3 c~ ~~a l ~st day o f ~ego~iat~cns ·o efol'e the cez.dlir.e • and ::n,:;: ~·s::·; thz.t ,t t:.::_, col.!ld r;ot; co:.:e to · a s re ~~e nt on ~h e theor y o~ vert ica~ p~o ~o ~~o ::;, ~~at ~t wa2 d s ci~~d t~at in lieu o f having to turn do~~ t~e e:-:tire ~roposal and a ;)p e al ;:,..:::~'c ~~e t he Caree r Serv:'..c e B.)a r c,, t ha t ~6 reer.:en t be had on this h ear-:.n3 to decide t he :'.s2 ue. !t 1ras staiad th~t ver~ical p~o ~J~~o n hat been a de pa rtmentel policy in the past w~ich was ~(h~red to ajout ::ine t y-nine pe rc ent c f the time, anc that inst aa d of having it a 2 ac arjitr ary decis :'..on , the Association f~els that it s ho ul d be policy . Leonard s ~~er . ir.Luediate past p ~·csic:.,rn '.; o f t he E."?l :,loyees ' Ass ociation. agreec. t h at he was in ful-1 aGre ement with the decision to have a hear1n6 rather than eo to impa sse . L .'S. :::-~·ee n.:.., ::·.en r ead e. lette::-w:,:'.ch wa .s 1-r:--:'.tte:1 !,y Esthe:.:- ;.:~yc~·s . 1·1h o \1.:.z u able to atten t t:·.a he a ::-:'.::,;, wh o stated t;1a t -:::e ;1a d r c:ce~-_,..:,d two pr orr.o t ions •.::..'..ch were not u p 0 r £.cc:s. She ,;·;ate d that s :.~ fe el s t he empl oy e e ha::i rec eivec not ;::'..ns in t;,:'.s ~~~ne r, t hat ~~cr eased salaries are the motivation fo~ workin~ toward a higher step. 152 • 7 I • • ·.· ~t/~~\·:'.·~' ~ .... ~ ' .... · . ~ .''... : ,· .,.,. I .,· •' • - .·.:-. Lo::,ir; statec: that with our p :'.:-tic•:lar p olicy t h e sn:::e p.:::-cc,,t increa se wou ld fo llo·.~. . .',. 7 :.~e.:c:man c:.s:wd if it would be r c t :-oac tive . ~=-. Lor i g stated that ~o pa rt!c~l&:-p:-occdure 1·1 oulc. be .:'..;i effe ct until Janu .::ry l 1975 . :,;~·s . :?:-e e:::an a si:ed 1:' r eclassifications we:-e a d:!..'.'e :-;:;:-.t s ·.::,ject · ..... ~c :. 1·1e d on't \·:.:mt to to uch on at t hl.s r.e ar ln 6 • i•:r . ;.,0:-;.0 st.:i.;;c:c: t ~at tr.at was .:i. differen t sub jec t and t~a~ the purpos e o ~ th.:'..s h e&ring was to discuss promot ional p ol _cie s . Hr . Lor1g also stated t hat r a~:~.:::· ';han r cc lassi!':,::.n s; the p ers on the point is to r e cla ssi f y ;~e jo b ; each job :'ather t ~&n eac h person would h ave -t ~e Ja y raise a~d the e~pl oy ee goes up along with the ~ar;;..::u la::, positio~ a s ~ong a s h e per- for ms t h e basic functi on s or added r~nc tions , It was state d t ~~t ~rs. Xeyer's l e tter is to be ~ade ! part o f t he meeting minut e s . It was t h en asked if a:-,~·.:me e:ls e wis hed to sp eak. ~=--Lorig was then askL · ~o ;rese~ Lh e po s !tion a s Pe r sonnel D1rec to:-o: th e City o f EnJle woo~. He p roc e eded to g o t h~ough the histo:-ical backz round , st a;in3 ~hat o n Fe~:-uary 27, 1963, on pro mo tion w:.th t he Caree r Sa rv~~e sy stem , an e mployee be 3 ra~ted a one-seep i nc~e~ JV ~ ~he c urrent s a:ery ·th e:y are bei~g pa id be fore the!r ~~c .:~t io~ and r e~ain the~r anniv e rsary dat e unles., the po sition i<> .. :: a g r 1;.c.e wh erein t ::;:; :::in i rm. .. m salary is ~ore t h an o ~c s te:p abo v e t he c urrent sa l ary o f the e:1ci..:..--:1ben t !n which c ::.se t: :::y wo:..: ::. g o t o the r.:inir.mr.t step cf the new grad e · and esta blish a ne w anniversary date. T~e motion was seconded and c a rr ied . · 0 ~ 5-16-68, it wa s moved, se condet , an! carr:::.ec. that the City ret a in steps and anniye r sary dates on promotions . On 8-l6 -7 3, a mot!on was r..ade , sec o nded, a nd pass e·c. to deny r.:r . Mccown' s r e cornme ndati on and to re tai::-. the vertical promotion polic y. Mr . Lorig f~rthe r explain e d tha t in situations sinilar to Esther ?foyers, qu ite a few empl o yees wer e pror..oted in n ame only to a n ew pos i ti on, new gr~dc lev e:, but ba ck stepp!ng to ~0 ce1ve ·the same pay to c orrespond:~g sala r y. Als o 1 ~ 1 968 the ?ol:.ce a~d Fire S e rv ic e s were still on the regular pay plan and had ·ust expe ri enc~d that same situation. Thro ush their compla in;s t o C£reer Se:-vice Eoard and the City ~a nage r, the Cit y Mana ge r ·.::·o~::: fo r incr"ases whi~r. carr.e to Career Serv:::.ce and .:!.t was ~ov~c., seco~tcd and c arried that the City re ta ~n the s ame st ep on ?='O~ot~o n to give lonGest dollar a mo~nts . There were a f ew e ::ce:;:i-c.'..on s w:-:e re the e.nployees a g reed to a backstep '::Jecause or cheir total unfamiliar ity with the area because of tra1n1ng to be offerc:d. . 153 -------··---··-··--... • I • • .. , . '.: ': .. ~ .. ~: .·. ··: ·., .. '• ~ ... . : ~-"~ ·_.::··'='··,e-::, • • • ''· Lor !~ stated that th e y j d br ouzh t u p unde r negoti~t~ons ~~ trade itec , and now uutuclly brou3 ht ocf ore the Board. Co ~;a rison o: v ari ou s pr omot~o nal policies ff es ma t e , co nsider ~t~on being gi ven to st ate and f eder al govcrn=cnts . :~. Lori~ a::plained that we ha~ studied enc~ coc:u nity and ;;~~c relating their p c rticul ~r pr ocedure. Only gov~~~=9n ta~ ~:~~cy ~tat has anythinJ sin i lar ~o o ur str a !g~t v a r ~!cal ~romo t ~o~ wo ul d be S~ate o: Colcr~l o in ~he~} :ir:~ si~ s rades. :ha d!:rere ~ce in th eir grace l e vels o ~ly reprasants a 2 ~Z ~ncr o~se . In our )a rticular po li cy, we a r c tal ~~ng abou~ a :.o ;; !:,crease, In Denver, two · st .:::zis i.J e:;,u_:. ·~.:. a ,:·: -;-t:.:ch ~s :ia ,it:er ence right no~ ba ~~.::c~ ou~ ste?s, an, :n Tho r~ton, :~o steps nu~bering up to a??r oxi~~tely 9J tot Ll , ~e ~re proposi ng 10~, fe deral gov c r~~en~ gives J .J ~ inc~ca s e . :he 7 ~t a ral g ov ernme&~ is al~o q~i t e ~est:!c~ed in the roct~hc t u~:css there are som e very sJa c !al ~~~l ificationa :n novi:z :~c~ one g rade to ano~her, t 1e l !~e ~ihood is very s3a:.:. Fo~ t~e ~ost part, sayi n; that on on eve raga , Dll surveyed ~Jencies have a t lc~st 5% increase or the riinicu~ of the grade r~~;e if their particular snl &ry i~ ~ot with!n t he y ~!11 ,~~ at least the rainimum so that th e y wil l a l Ray ~ ~a ve ec incrc~se in s e ldry . :~r . Lorig then e~Jl~ined c~~~~s , showing whet Jngleuoo~ hes ct ~he p~asent t i ue . :o s ta~e d ~~~~ ot ~e r cit ies e re offe ring en cverage o f 5~ nhere ve are s a ying 10;. Actuel:y u~a t o u r ,cr~icula r requested change i n ~~e present vertical promo~~on ~ol~c y is is ch n t e ~plo y ees receive ~t leas t 10 ~crcent re~~c or they re~ai~ their or:Gi ~~l st ep i~ le ss than 10 ~ or minicu~. o: ne n grade of ~ore than 10%. He sh owed so~w exa=~les of e~::crent promo tions and hou th e y wer e aJtected , following up wi th the applicat i on of the proposed promotional policy. T ~en th e "acting" ~osition po:.icy u as discussed and .pcynent ~~a=efor. As part of ~ha p:o~otional procefure policy , the "-cting" J ositi on would be as follovs: If the indi ~i due l is -~ the cepccity for c JO-,ay period,. he would be p aid retro- active to day 1, rece i v i ng a 10~ or ra ini~um step, uhic~ever ic g reater. If actin g for s i~ mon t hs ' time period or n ore, ~~~y u ould be given another s te, increase to co =;e nsate for :~rther hcvinJ to stay on. S a lary co revert back to nor~al ~osition in the regular gra d e , coul d not exceed the step ievel uhich h e uas in the lower gra d e. Lo :ig ctated that our ?ositi o n ~a c bean to try to ~e ep ~-~ Cit y of !ngl c~o o~ in i ine wit h the g ov e r nce~~al ~:en cies &:ou n~ Ls , end also t o p u~ acti&g pos~tions in urit-~g as a :~~~ nro~edure . ?olice and Fire have it in t be ir contracts, but n;n-emergency does not. 154 ,. -···-··· ---··-~ -· -·· . ·-··· --.... ·----·-· -....... ·-.. . • • ) I • • . · ..... ... . ',•: ·;:· .. ~·-.,)·. ( • • • • \ ' .): .... · .. ~~~ ~..:~:.:':-:.2C. C:0 1 .. 'n :_ ye ~ .. ~:~:o lar,t st..:.:.""..J7.0 !". :.:r-. Lo:--::.::; .;·~c..te:d .:·.~:..t. ·::~.:s ~l.:...:-: 1 .:.:.::; :.,:-~~e::·.·.:2 .::. '~:-:is i:-, ··-.e·~ .:..-.. :~r;ot.:'...:; . .-~.!..c:-.s • . -.~--~. ;.'.·..;.:::--.::::1 ': .. ~1'\..:: .... :. .. (:~ t.o c :-:a~~!,; u:1 ezz.:-:1!)le~ c..:1t: Ct.:c~C.eC they ·::1.::.·~ 0::.:./. 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Eos :1:-ia c.s~<cd fo-: a-:-~y ct::er c;~cs -~:~~~ f~~~ tte 3o~rc . .,!",~e~u r. ~,:-h~:· !)eo ::.~.e ·.:Z::""e ::,:cz:.scC ~.~ ... :1 ~..:.;1:.i.~ ~::·o po,:;:.l . I·!r-...;. ~,'::,1...·.J:-:-l.:.:1 ~.:.&t t:C. ;:.a·..: t:"1cy \·!~:-~t.cd :-~~2~~~0~ ot -~~2 ve~:~c&~ ;~c~o~~c~. ~~~~ t~~~a wag ·e i s- c~~~:.o n ~2J&::'~in~ hir!::s :~o~ ou;~!la r a~~e~ ;~~n :~o~o;:.ng ~·:·,~-~. ::.:-.sic~ ;:.c.;0 ·.;c '.J L:c::·,;:; r.::st::-ic::.o :-is a::.:: ·.;:-.a :·z.~·:, ·..i;;.;; ,· ~1 : .... •.· .. :t ;:-.·.; ~P -~:1r .. t so::-1i.:·~·.r :.e::..·..:: :.=.,-,:-:r~ :h~ lfn~ ~..)~~.e:o!"!e ·.·.1 0 · .. ::c: ·::i2 ;~~:·~.:.: fr·o:·,~ o~·.:.sid0 at ;.· lo•:11...::· :.e:'.,-..::1 to co:-:.;:-...::.!:~::.c : ... u-::-".::-:e: ::'u.::\..,:..e~ Pt.:l ·;;o !"':.. I1; t-1:_s ~:~.:.-ce:d c~at ·1.-.·.:: c-:..r.y c ~·:.::~ s.:1 r.lle- 1·~·::..t!~c '.;o :..·~:.-:; 0:.:.)loyc e:.1 t,;,:-, .·:::v ..:.• · .... :.~:i. '~.::;> c:v :-.!:.:~0-::-'°'":,::!.o~. .·.:-.. ~or!G ctat~d th~t it wo~:a t&~e a~ or~!~a~c c c~~:::c :.~ c:~cr ·.::o :..::..:.1i"C C2Jai""·c:i'!.e~~ :'.aac...s : ... ro:.: the r·~~0 o:"" t~.e c::c:.c~ a !' ~~~0a , co c~oo si;.g eta o~a :.~s!~a rac~er cha:: o~e t~c~ o~c- ":-. .::·/.. ~cs::::-.:-:a s i;c?. J.; .2~ ·.:;:~a': ·;:-:a.::; !)f':.:'·; icul~.:.'l :...:.. s~e ~.'.s.s c.. r;.:i~~ :.:..:..:.:..:.io ..... .,c.:c -c:1is poi:::;. ~:-:d. ::-.2.-: :..-c wo:..:.ld ·".; c..~3 ·..:.:7.eC t ~:c.-::. tt'".e l ~;-~.;ca::t ha&d woc::l choo~2 ~~c ta~t ~~~-~::ad &~J:ica~c, a~~o~di~3 to tes;i ~~ p::-0~0~ur~s. ~~c ., .r~;he::-t~&~ =iv!ng ~~~o::..z..1 cv:~s -Cc:rz..-~:..o :-i 5:.::-.-::;:..y ':J~cz..".Js e r.e :...s c... •• .z .7.')~cya~. ::.~. 3:'\.=.:..:x :~ov.:::) .~.x :, :,::: • z.:.':-.'":::·'..-'.;: s::::co:D:::.::) .. xc ·:·:0x .. r::-a c:.csz :-·:-:: ;-2 . .:..:~::-:c ox :::-;:;c:.-:J·::ox . .:..:::, ?o:...:c::::s . '-'."'.(: . · .... -,' ......... /..ye,,;: Na y s : Za ~tr.an. tJr:.:..::.:-.i~=-, No;..;; :~.:·\:·....:.n c1.-:.:-.-.:·.~ . ..:..~:·.e d c. .. ·. t .... ,: e;\-:.::.:--.:---~1".e:~::;iv~ ~.2 '~ of c:.-.~.:. ... -:s • :..~r.;:-;· .. ~: • .! : •• :.; :~_;!-;:-~~'.:-· ... ~ .... ~. :'..:,:-· -.;::2 9 0.:;):.2 f:'0 :i'. ·~l-:~ Rev. ';.· ·....,y :.1 c:2s .:...J:::...:.:..::. ~2::.::.~i.J::. :;:.::'.~ .. ·i;::. ... e:;. ~,~t ::.),:3~~:-. .: .......... :.\:..c ·~ .............. :.:.i·.::-. ;.;:.~··t ies c~~c a ~ s~~v~~~ 5 0 ~rd :or •:;, I', \' • I • • < . , -v""\, ?RE SENT: ABSE:NT: • • - REGUL;.R MSETI;{G Board o: Ca r eer Service Com~issioners Oc tober ~7, 1974 H . R . Hosa:ina , H. R. Brc.u:-i , Winifred Uhl:.n6 e :-William Har,son Cha r les Za:-tman ALSO PRES.::.:NT: Ri ch Lo rig, Ch arle s Riccle , 3~:-bara Eushe s , Robert Hall , Gera ld Va uchn /\'.~. ~-t.~!SO~ MOVED, AND r1::,S . L"E LINGE :! SECO NDED , TO AP?ROV::: J'H2 M::JrnTE S O:.' T:iE MEETI NG OF SE?T2 MnER : 9 , 197 ~. AY2S : Hosa n n a , Braun, Hanson , Uhli:-ige~~ 1\AYS : Nvne ~~~ ~oti o n carried . 7he ~ex t agenda it em wa s Lo reset a he ari~g date for o::~ce:-Ch arl es Ridtie's hearing. ~owever, it was decided to place it later on the agenda , s ince the City At~orney had not yet arrived . :,::'\.. ]RAU!\ fl'.JVED, .!\;,/D MR . HAXS O~ S2CO >:J::J , 'i'i-!A':' '::':-:::: P:.OI~v'.:.'I O~AL SYS ':·::::-.1 AS U?ILIZED BY Trir: CIT'.! OF ENC.;:.;::wooD A',; ?RESENT Al'.D AS !~ T~Z ?AST, BE RETAI KED .. AYES: XAYS: '.-ios.:?.nna, B;·uu11 , liar.s on, Uhline;er No:-:e ~he ~otion carrie ·. M:'. Lor~g, Pe:'s o:-i~el D~recto r , a s~ed tt R Board their reas o ns f o r arriv ing · at th is ruling on t he recen t hearing regarding t~e City 's promo:ional system. '.'-'.r . !3::-c.·.m t old hi m that t :it. r.: .:a s not cn ot..gh a vidence to warrant c. c~a:iga in t he sy st e m. T~e aoard fa:: that the case p ra se;.ted b: the City and t ~at of the e ~ployee association were pretty much even . :,:r. :!osa:-:na said that the db.:i sro:i r.ad be.:::n una:1imous, and t:1at Dr. Zari::n:c:,.:-,, wh o wa s absent fo:::· this mee::ing , was in agreemen t . --- 159 , , •• ~-.. 4 .... _ ..... ·-" ··----· ·-· --w .. , .. -·--·--· --·""' ··-·----------• • I • • ',i ,.-... ... -. ! P~2SE N':': ;'..3SENT: ALS O ?:.;.:::SE NT: • • Mn::::;:.:s SO~R D 0~ c ~~==R S ERVICE c c.~:S3!0~ZRS B~~, l ~'(i, Charl e s Za rt man, w~:1::.ac ~an s o~. Wi:-.ifred Uhling er H. R. Hosanna, H. R. S::-aun Marsaret 7 re e~an, G0 ::-~la Va~~~n . 'Ro bert Hal l, Richard Welbourne, Ri c h~~d Lori; J !twas decided the Dr. Ch arles Za r t~an wou:d act as chairman in t he absence o f the Chair~an a nd Vice-Chair~a~. ~ w •. ~i ~~. Lor ig ask a~ t:1at a corr e cti=~ be m~C:3 o :-. th e r.i i nutes of October :974. ~a:~rding ~he d e c ision o: ~~3 3 o a rd o:-. t~e h~ar~n 3 to determ1 ·,:;,::;:;he::-the promo t io na l )~'ocedu::>zs s:1o u2.d r a .. ,c:.:L n t:1e sar.ie, th e 3oard had ·stat ~d ~h at, w~~:c t he ~roc &C:~re will ::'~mai n is it is now. t:1 .:: ·.;opic can ba hear C: c,..z, ___ 1 if :-.,·-.! ev::.c..:m ce can )e s ubr:i itted by ~ither sida, This was no.; inc:..uded in the rr.inu tes. I) :-:.,s. ;;:-r:,:;:~.JER MG\TE J , AtD :,:1.. !-!A:: 2'.):i <;'::'f','.)'.\;)"::'J MQ J,.;'PROVE THE lt.INUTZS OFT~£ MEETING OF OC~05ER :7, 197 4 h;-;o ~a~c~E S. Ayes: Ne..ys: ~he motion carried. Z~rtman , ~an s c~, Uhling e r None II ii ;; I! '.i':1e Board :-ec e::.v ed co~ies o ~· t \!o J ob des c :-:..:_:it io l"!.3, one ·r..erely an u;l z.t:..~~ of the 1972 v e r s ion o f the Systems A~aly st p osition currentJ u~d a~ Fina~ca , a nd the s ec on ' for ~ ~ew po :~~:..cn o f Risk Mann~er. !0 . Lo:'ig bri e~:y o ut lined tha ~u:;~es of t ~a na~ ;o sition for the 3 o ard , and st c t e t c~a~ t he per s o n h old in3 the posi ~icn uould report ~J both ~h e Director of Fina nce a nd t~e Personnel Direacor. Kr. Lor i ~ 2.;.;::0 d the Board to ma:-:e a recomm .:mdation to Ccunc;;.: on the n .:,w pos i·c i o:1 . :-.~·.3. u :::.:.IX GE :"i XOVED , 1-.:·o ~::.q . ;:.!. ;SON s:s co ~::JS i), P."3:'?.GV .:.:., S~: ?HE TWO J03 J:SCRI P':'IO >::S , A~D 'i:'n AT .:.. :.q::;cJ:.:~.;;;:;.;i)_t.':.':c:: 3:S SE~T '!'J cou::,.ic:L '£HAT ·::-:s ?.:.:S i< i•!AN.~.Gi::R POS ITIO N B:::: IN C:i:.UD ED IN •rnE CI?Y JCl:S CLASS:FICAT!ONS A'} .;. GRAD:C: NINE . Aye s : Nays : ~~e motion c a ~r i ~~. zartr:ian, Hanson, Uhlin3er Kone 164 • I • • .. • ,, .. • • - ME MORANDU M OF UNDERSTAND IN G BETWEEN THE ENGLEWOOD MUNICIPAL EMPLOYE ES ASSOCIATION JUNE 12, 197 5 Salary Due to the deteriorated financial conditions primarily in the area of sales tax on which the City of Englewood depends for a major share of its revenues, the City of Englewood and the Municipal Employees Associatio n mutally agree to de fe r any salary increases until Aprill, 1976. In order to effec- t11'lte a salary incre ase on April 1 , the two g rou ps a gree to reo pen negotiat ions subs equent to Fe bruary 1, 1976, t o be confined solely to wage in creases for April 1, 1976. It is agreed that two fac tor s wil l control the level of salar y increase on April 1, 1976: • 1. A survey of f our metropol itan area cities will be conducted -specifically Denver , Aurora, Littleton and Aryada. This survey will inc lude sa laries and benefits or what is termed as a total comp ensation package. Those benefits to be surveyed will be as follows: longev_ity , .. v~_c;:ation leave, sick leave, ho l idays, life insurance, disability insurance, pension, s oc ial security, h ealth insurance, and dental health insurance. Upon comp letion of t he sur vey, the total compensa- tion for each position will be determined for each city. The City of Englewood wil l be compared to the composite average in the f our cities for al l of the below listed positions. These positions to be considered in the survey will be the f ollowing twelve : Street Superintendent, For~r:nt;ifl , Equipment Operator II , Equipment Operator I , Maintenan~~~. Engineering Aide II , Plant Operator, Bui lding Inspector, Secre t ary , Cl er k-Steno, Custodian, and Animal Warden. Position s of like duties and r e sponsibilitie s will be surveyed in the other four cities. The City will match the total of t h e ave rage compensation · in the four cities for impl eme ntation on April 1st after consi d erat ion of factor two . • /C I • • -• • • page 2 2. An analysis of the financial condition o f the City of Englewood will be undergone by the City negotiators to determine the fiscal ability to grant wage i n creases derived from the survey discussed -above. The City will attempt to grant any wage increase indicated in the sur vey to the best of its ability based on analysis of financial co nditi on s. Fringe Bene fits The City and the EMEA agree that the following fringe benefit package will be a tw o -year program to cove~ the years 1976 and 1977, with only wage increases to b e considered for implementation in April, 1976, and January, 1977. The benefits to be implemented on January 1, 1976, are as follo ws: General Benefits: A. Sick leave will be extended in usage to include not only personal sickness, and doctors and dentist appoint- ments, but sickness in the imm ediate family (defined as spouse and employee's children) when the employee's absence from work is necessary. Regulations governing personal sick leave are applicable to this extension. B. Funeral leave will be extended to cover employee's and spouse's grandparents and grandchildren in addition to those already SPfCifically delineated. C. New Years Eve would be added for the year 1976 and thereafter as an additional paid holiday. D. Uniform cleaning deduction -the current deduction for the uniformed non-emergency employees tor ~niform cleaning in the amount of $2.12 per pay period will be discontinued as of January 1, 1976, The City of Englewood will pay total cost of uniform cleaning. E. The tuition refund program ·will be continued in 1976 and thereaf'te at a reduced level of contribution by the City of $10 per person per number of employees covered by the current regula- tions of the program. F. Maximum annual l eave accumulations will be increased from the current 24 days under 10 years and 30 days over 10 years to 30 days under 10 y ea rs and 40 days over 10 years of service. G. The current maternity leave pro vision will be deleted and substituted with one which allows the employee to return to their position within four we eks from the date on wh ich their leave commences. The maternity leave will be considered a leave of absence without pay with the employee having the option of using their accrued annual leave. Normal leave provisions will pertain. • I • • ( • • - Insurance Benefits: A. Life insurance will be increased from the present $11,000 for every employee to $20,000 for every employee. The same conversion privileges upon retirement of 50% coverage payable by the employee will continue. The A.O. & D. provision will also be incre ased from $11,000 to $20,00 0 f o r every employee . B. 1. Dental Health. Dental health insurance will be altered to add orthodontia on children 5 to .J.S_years on a 50% coverage $100 deductible per case (this is a one-time benefit per child with a $1,000 maximum). 2 . The maximum per year per person will be increased to $1,000 from the current $750. C. Basic Health insurance will be altered to cover pregnancy on single females and also males who will be limited to receive payment for one pregnancy per year ordered by a court of law. D. Major medical insuranc e will be increased to include pregnan cy which presently is an exclusion. E . Those retirees under the City of Englewo od h eal th insurance plan on a direct pay basis and f utu re retirees of the City will be covered at City cost for their individual health insurance coverage. The City will n ot contribute towards the depehdency coverage but th e retiree remains eligible t o carry that coverage on a direct pay basis. F. The long term disabi l it y insurance for t he no n -emergency employees will be extended to cover disabilities related to pregnancies and childbirth. Retirement Benefits: A. The disability pension benefit in the City of Englewood Retirement Plan (CERP) will be altered to allow for dis ab ility retirement payments only after age 65 . This coordinates with the current disabili ty insurance which ceases payments at age 65 . B. The bas is for computation of retirement ben efits will be altered to allow for a calculation taking the average salary for the final five years o f service and multiplying times the total number of y ears of servic e with only half credit given for those years prior to the establishment of this plan (1970). The current benefit percentage of 1.3 % will remain in effect. C. • I • • r ( • • • • . - Imeas se Provi s i on Neogi tations for the April 1, 1976 wage increase Will be concluded by March 15, 1976. If either party cannot ag·ree on a final settl eme nt, an impasse will be declared and the matter turn ed over to the Career Service Board for mediation and/or f a c t f ind ing. Th e Board shal l hold its hearing and issue its fin din g a nd rec omm endation within 30 days of the declaration of im p a ss e i n order to expedite agreement. • We, the unde rsi g ned, a gree to recommend the 'above to our Associat i o n and to the City Council, respectively. It is acknowledged that all prov i s ions in this letter are subject to federal regulations which a re applicable. It is understood that th is letter recites the full extent of all compensation fo r the Englewood Municipal Employees As so ciation for the ye ap of 1976. / k~ /\},!)C.(1h _~ Karl Nollenber~ Assistant City Manager ' / ·. (.' /. '----.(. '--'~">··r/ .;,•-..,~ Barbara Penney Board of Council g;_d.-DLL Board of Council • I . ( • • • • M[M Ol :t .rmuM or 'Jl!O[RS TI\NDtNr: betwee n thr. ENGLU.1!100 EMP LOYEE A~snc IATTON C I TY OF UiG L F.WO(IO The fo 11 owing Memorandum of Unc.Jer.s tand i 119 wil 1 C0\'1:1 · a two-yedr perfod ccmenc1119 on January 1, 1977 and ending December 31, 1978. Salary increases for the durdtic11, of 1.h 1s Me11 ;01"1nd1J111 of llr1d1 :rst .'11111•n ~1 shall bP. as follows: i,. , ffc r.r.1v,· 1;11 Jnnll,!~J j . ,c.·11. ~ i·': ·10 ,. ,i..,,,,, ,:1,11 e1·cJ b~ IJ ,,_. ,"1~,r!<.:i at1on ~h,111 rN.e iv ,. ,,, iri,. rr:d:.r> of (, rJ': ,,r ·•fii:, 1~:1 6 oase •;c, •.•. ry . B. Effoctive on ,.liJntJ nry 1, 197 8: Ali pc>5itions covered by t.hl-! /\ssoci.:itio11 s r1i:1l •·c·c,:i v,, ,ir , i 1;•.:1·1:<1!,e c,f li.02'. :_,r tti~ 1977 t>..ise Sclldr.}. Note: Base sal.:iry c.J(:c~ not ·:11r:·,ud e 1J11ert ,,,I:' ,:r11l/or 1t,r.9evity.. ?'or examj)le, c1 grade 2 rndintenancr~ work er has <.1 base s;;1 r1'J ,\t the i1 Step of ~664 per 1110n th in 1976. Additionally, in order to enhanc e the City's po s ftiun in the 'job mdrket and at the same time to prov id e tht: empl oy ees the opportunity to reach maximum step level in four yeilrs instead of fol, .. e nd n11e-hc11f .Yeilrs, ~he f ollowing 11djustmE:nts to the City's classification sc ~r,dule w;i1 be (•4'fectivC' dc:r ,uary l, -1977: 1. Elimination of the A Step in a11 grades. 2. The establishment of A t 1!r 0uyh E StPn~ ~n ~-ll c_;rades. The present 0 Step will now be the II ~,t r-µ. 3. Extend ing t he !.ix-111cmU·, 1,.-ot.,;tio11il ry 1•1:··iod tr, ,1 1,1• .\'~dr •. I • • • • - -2- The Jbovu 1 •t::·cen t,1~1cs rt!sul t i11 tlw fol luwlrt!J ~dlilry !iLhe,:ft; ?1 · for 1 'j ,., /l, C [ Grade i':J4 13 ? li'4 Ui ·I 855 ,, I ,I nr 814 H!JS fl )',' ' ] //:J /dtl 855 ll 97 9,1,:, t, /,],j H~,!, LJ'J7 947 y,iy f ~ I J I) it~) i 'J4;( J 'I ~ 1,0J9 (. d!JI !J<l r' '.J>J 9 J ,.; 19 1,08 9 ·, 1,039 1 , (,1• r, I , 144 1 ,20:~ 1,260 I 8 1 , 115 1,173 1 , 2 :;1 1 .2~·0 1.357 9 1.~02 1 , :::r;r · l ,3 L4 l ,j·16 ~ .. ~ 5ts 10 1 • ?C)r. 1 . 'j ~.: , 1 ,423 1 . 4~;' 1 ,5<,fl 11 1,: ~ , ··n !J : ,:·.,.<l ,.., .. ' ;, 1 ..... ·, ; . , (, •, ·, ,lt:6 : ,BIL 13 1 ,(1 1..i ;. ' ,,, •\ . -~ 1,l::5 f i, ?4S, '.)(.\ The SJ 'a r·y -;ch edu ie for 19/tt ,...,; 1 . ~ .,. cJ 5 fo; 1 OwS; A 8 C u 1 Grade 1 746 /i:ll 820 863 906 2 701 820 863 ~(),:i 951 ., 820 863 906 cu:· 99,; .., -., . 4 863 906 ~:5 1. 99~ 1 ,(JLS 5 906 o,·, ~~,a 1 .OM! 1 .101 .J, 6 951 ()•)9 1 .O '-!· I , I (I' , . ·, ,,4 7 1 • Ill I 1, 'l!J~ 1 ,213 1 .21 4 1 ,:J .;6 8 l, Hl2 1,2(,J 1 ,30!:i 1 ':.",] ! ,.: 38 9 l, 27 ~ 1,:n6 1.1.c::. 1 ,,,09 1 ,5.;5 10 1, 26,' 1,438 1 • 'i01: 1 ,5 J ?. ~ .f.62 11 1,46CJ l,545 l , 6..' I l. ,o: i .h ·~ 12 i ,5b2 1, 6°(,?. l , 74~ I .f:,j(, , ,92) 13 1,,01 l ,i'85 l,b 74 l ,:ii.,; 2,066 I • • ( • In n • ( • • • • -]. We, the undersigned, agree to reron~~nd and actively ~~~µor t the ebove to our Association and to the City Council respect i vely. It is ocknowledged that all provisions in th i s Memordnciuni of Understanding arc subject to federal regula- tions which are applicable. This agreement covers wage:. and benef ·i cs for the contract years beginning January l, 1977 dnd endiny DeceGbcr 31, 1S78. It is understood by the As~oc:ft1tinn and t:hf: City t.hilt. there :,hal"I be no reopenlr.y c,r . further negotiations concerning new or addftionc1l r.ost ltf'ms rlurin9 the life of this agreement unless both partie ~ a !J ree tn reopen .'he nq;otiat i ons. / . i~Q tJ.ocP-1.G~ Karl Nollenberge·;. -·-- (l~_fo.+_'J_. Ri ch Lo rig ' 7n1t1..4~ ~/UL?')(~. 'Mar~ re tt,Vreema r. ~ ;)...'),l'l7(. ~ ___j_ b'\ 11 /). or~ .... ---~---. :·~~.;h ··.1 :-.::.h c)·~ ~rtff·,z-. _,µ. _t.,,:.. .,... •. ·- W1.1 am D. es -~ d)Z ~-------· ··--· ·£C-'~ , .· <,:. -~/~~ .. :··-···-.) ,.eve ,,ou ~11 ·r • I • • .< _; " ,; : ' City of Englewood Fr om the Office of the Mayor JAM ES L. TAY LOR CITY COUNCI L Dav id B. Clayton . Mayor Pro Tern Howard R. Brown Vern Mann Donald L .R. Sm i th Douglas T. Sovern Donald W. Wil Ii ams • • Board of Career Service Comm iss ion ers 3400 South Elati St r eet Englewood, Colorado Dear Board Members: 3400 Sout h Elati Streol Englewood .Colorado 00 Pho ne (303 ) 761-1 140 May 9, 1977' At a recent study sess i on of th e Ci ty Council, the Cit y Ma n a ger, Andy McCown, was revi e wing sev e ral recommendation s fr o m t h e Career Service Board in regard to reclassification . A que s tion was asked in regard to budget impact bec a use o f some of the recommendat ~ons and Mr. McCown replied that the degre e o f impac t would depend on whether a person was hired from the o u tside o r promoted within due to the City's ver t ical promotion policy. The City Manager's comment in r e gard to vertical promotion touched off quite a discussion since many of us did not realize that this was the City 's policy. The Council questioned why this policy existed and was informed by both Mr. Mccown and the City Attorney, Bernard Berardini, that thi s wa s an area of respon s ibility for the Career Service Board and that the City had tried ~o get the poli c y changed in a hearing before the Board in October, 1 975, but that the policy was uphe ld . The Council is greatly con cerne d a bout this matter and has, t h er e- fore, directed th a t th is l e t ter b e s ent t o t he Boa r d reques t in g the rational e beh i nd up hol d i n g suc h a policy . Whil e w e re alize t h at this i s a matter whi c h prob a b ly do es not f all d ir e ctly u nder our juri s d i ct io n, we q ues t i o n why suc h a p o l i c y is a l lo wed to contin u e wh ic h, i n o u r oplnion, appears to be aga i ns t goo d p ersonnel pra ctices an d the best i n terest of th e Cit y . Yo u r response as so o n as possi b le would b e a ppreciat ed . AM ES L . TA YL OR , Ma y or ph c c: Memb ers o f En gl ewo o d C it y Cou nc i l And y Mcc ow n, Ci ty Ma n age r · R ic h ard L o rig , Personn e l Di r ect o r L ieo ma Ko e stner, Preside nt, En glewood Emp l oy ees As socia tion • ) I • • • • • - ------------------------~---July 14, 1977 3400 S. Ela t i St reet Eng lewood , Co l orado 801 10 Phone (30 3) 761-1140 ~ayor Taylor and Membe r s of Eng:ewood City Counci l City of Englewood E~glewood, Colorado 80110 Dear ::1ayor and Members of Coc.nci:i.: In response to your letter of ~ay 9 , 19 77, t ha Beare o ~ Career Serv i ce Co mmis s ioner s revieHed ac ::he ir May ar.d Jc!.~e :n e ecings the ba ckground o f t he decision to retain ~he v rtic ~l ~r ow otion po:.icy. As fo u r of the f ive o f us were no t on the 3oard in 1 9 74, we had to rely on minutes of those meetin gs whe:e the mat t e r was discus s ed. '..'he meeter a ??eared befor e: t l e Bo<i r d 0:1 Se?carr.b er 1 9, 19 74 as a =esult o f d i s agreement be c~e en the Cicy and the :~i:~woo d 2:r.ploy e es Association curii1g negotiations. Afcer heari:1g ar gu ~2 nc~ f rom both sides , the deci s ion was de ~er=ec until the r.e x t monthly rJeet::..ng, at which t im e the Bo ard v oted to rc:c ain t~2 v ert ic al pro~otio~ po licy. As s tated i n the minutes of t r.e October 17, 1974 meeting by Bo ar d mem ber H . R. Braun, "the ca s e p resented by the Cicy anc t;1a c of the er:ip~o ye e ass ociation w.::re pr e tty r.. ch ven" and "there was not enougn evi dence to warrant a change in the system." A:tached are those nortions o f the Board oi Car eer Service Go u.missioners mee:ings of Septemoer, Oct ober and No ve:-:.:;e r , 1974 whic'., dea"! c witn the vertica:. promot f on po licy . The m.:cter was also bro~Jht be:ore tte 3oarc in July and Au gus t of ~9 73. Reievonc materi ls froc those ffie etinJs dr e al so attached. ~~e ?Olicy may~;. in be rc~iew2d as a rest:.::: of a nezc:iacic s disa ~reeme~t and n nucual ~~.ucst as i n 197~. A:~o t ~2 raiL ~ ~s of c'..., .l.::.v~;i:i:.2:-21 , 191.!. nee::ir.J i:1dic ate t:-,at the i3oarc ~::.:.; wil ing co r,::,.::c the topic again "ir new e vid ence c an be sub::-.it :::ec by e:..~l1(.r 3id~." . . ,- ·~---- --- l) 13 I • • ( ( • • • • ' The Board of Career Service Commissio~e rs fee:..s i t cannot initiate action on this matter, j ~c rat~er, t~&t che policy :'..s a matter for negotiatio ns between the City and the era?:oyees. 7hc Board would, oi course, review the policy if re ;~ested . Sincerely, Judith B. Henning Cha irperson, Board of Career Service Commissioners J:SH/sb cc : Me ::::.. ers of the Board of Cc:.-::-eer Service Co=iss ionei;s Andy :-:ccown , Ci ty Manager i:!ug h Brown, Act in; Perc:.onnel D:'..recto"c Lieo~a Koestn er, President, Englewo od E~?loyees Ass oc iation· Enclosures .--) • I • • l o ( • • • - ~~~= c ~= ~= sc:v.:.ce ~o~r~ ~:e ~~2=~: 7h0 ve=t !c ~l p:o~o ~~o~ r =ch :0~ ccntinuc:s to su:f&ce. ~:~2 s~ !c t ~c ~-ve you so~e :eed~ac.; f :crn &o~c of ~~e 0:-.:~:oye c :-'.:.:-st, ho1·1 c::v ,·.·, ::.: h c,v .:: er.cl o::ec ·~;:e -:;i .;,c :.:~t : se~-:: -::o ~~c C.:.~y Council J u ]y S~h fo::-you:-~~=usa_. ~~e =eE c t!~~ a ! Counc.:.:~a ~ s~.:.t .~ wa~ st ~=~~.:.~g . ~e sec:~cd to fe2 l t~o !ssue ~~s n o ne o f c h c e~· loye~s c o nce:n &nc th~t W Q h~c ~c ~us!ness h ~ving c c cc:ss co t~c :e ~c er f :crn ~6y o: 7 ~y:c ::-cc ~he Ca::-c~= Se:v .:.co So::d d 0 ccd ~ay 5 :h 1977. Mr ~cC own ~~d sent c coµy (O joc h ~=s ?:cc~a n ~~en ~=~s idont of the SSA Lnd rny - .5'2_;: ·.::-:~:· ~0CO:"ld ·.ve 2:< ..:...:~ X~y .. ~he c .. ::-ee : se:vice Soard agE!n r u:e~ co :2~d.:.n ch2 ve::-t_c~l pro~ocion ?Ol !cy, hcw~v~= che::-e 19 71, ~eve j0cn ~any a~us e s. •n ~~;:oyee is co:d by t~e SLJerv!so= th a t a ?=o~c ticn is ~vai:cj!e buc on:y ,-~ P6 ~er is s !gnec chEt c he e ~~:oyee ,.,i:: ,:o :::i.:c k x r.u .·.:-;e::-"· sce:::is, o·~:1e :::-1-:.:.se a persor. out s :...::.:: -.::·.2 c::.;:y ern;::oy ;:::::::c ::ie hi::-ec fo: che new jo~~ all to s a ve c~a c::.-.:y a ~ew do :l ~rs . ;cco:t.:.~s to Emp!oye0s «a~~a! o ~ the City cf E~g:ewoo~. \ G2:-a~ l info::-~acicn ~~ge ~ ~.:~::i e ~ 5: ~~a C.:.tv of En ;lewoo~ is i~t0=ested in ye~: advanc c~en-.:; !nc=e 2 sing s~!ll a~d a ::i"lity rn ~kas you a rno::-e v al~c~lo ~rn~:oyae • •.••.•..• Vcicanci e s a n new ;csiti~ns E:e f.:.lle c f:o~ t~e ra~ks w~0:-0~0: p os s::.bl~ ec c . : ccu !d p::-o ~~~:y ~~ya ~ .. ;-~ ~c ~ One usu ~::y ;c :s :c~. ~i y~2 ; a noc '::a::-we::~~ :'::e s ~l •:y p 6 !6 ~o:c. =~ wo~:d s e o~ -.:h_t ~ su;~cv.:.so : ·.·:0~:..:. :-,:-.;ood .::..:: -;:::-:e ~:·· .. • ;::~s ~-::.o .. t:ic·..: :.t: ~~c ~:cv a :-we:: wo:~; :'::~ ?=c~o:::.c n . SlOC, -V -• b ~·:: ,.-,ou:c· : : :-.-~:'JC :::;2 e :, ~~:: ~~2 e~)ioyee .:.s ~a c ~~se c'::e e~;loye~ -u .'r. .. -c: .. ,·= ... of fe::2c ••• :: '::0 ve a .:a::-.:.:.~, : .. ;,.:.·.C::.:·.c; o;-, ... _, s :-. ·_:c s:..;:;:-: ·~:-.!s !e ·::-.:;;,: a s :-:i:-:.; ~~ ·~o -.:a :-::s: l ess ~.·oney ·,'::.:at --... --.. - -.:.:.t:2~ ~o so! c 2 ;-gee ~'::0 ;:o rnoc.:.on, ~n ow~~~ t'::ac :'::2 ;o:icy ~-:~~:.:.s'::e~ !s ~~::-~ c!::-c ~~v~:--::e~, know:.:-g·E:s o: 1::.~. =eon p:ob a:.:.c :-~c= ;:ojaj:y a :-ot '::~: y ea: a:-c u~a ::i:a to co~?l E in He ~ c ~:-t'::o~e a::iu s e s no ~~~ ;e:rn::.~~ec? ~::.:.: ~oc ::-0:::0-~ .. :. v ~:~c =0 :s ~n~ fo: =c-.:a::.:-!~s ~~2 ·.: 0 -~ .-.. :.: ;:. , ,/ /I .'. "':' ._ / • ·1 I I • • n - - ( ( • • • - City o1 Englewood --------·--------------------- September 9, 1977 Mrs. Leioma Koestner President Englewood Employees Association Dear Mrs . Koestner : 3400 S. Elati Street Englewood, Co lorado 80110 Phone (303) 761-1140 At a study session last Tuesday, September 6, the City Council reviewed the current policy of the City in regard to vertical promotions. As I have previously expressed to you, the Council is greatly conc erned about this matter, and heir session was a follow-up to previous discussions . The Council received an opinion fr om the legal staff that this subject is perhaps one more proper for legislative consideration by the Council rather than interpretation by the Career Service Board. Therefore, the Council is considering the pos si bility of legislation on this matter which would change the current policy. Before determining whether to do so, however, the Council has schedu led an informal hearing on this subject for their regular Council meeting on October 3. At that time, they have requested further input from both the staff and the Employees Association . They also reques t that one spokesman be appointed to state the case on behalf of the Association. If you desire to have written material transmitted to Council on t~e agenda, the material must be to my office by noon, Thursday, September 29, 1977. If you have any questions on this matter, please give me a call . AM/sb cc: Bernard V. Berardini, City Attorney Jimmy E. Curnes, Assistant City Manager Hugh Brown, Administrative Assistant Mrs. Judy Henning, President, CSB • ) I • • - • • • • • Attachment No . 5 RESPONSES FROM DEPARTMENT HEADS WITH REFERENCE T O VERTICAL PROMO TION POLICY • I • • - ( • • - MEMORAND U M TO: FROM: DATE: SUBJECT: An dv Mccown, Citv Manage r Kells Waggoner, Director ofPublic Works S e ptember 27, 1977 VERT ICAL P R0l\10TI0 Promotions within the City h ave been treated differently in p ast year s . In 1965, there was evidently some back sll pping (see attach e d history card of Wayne Oakley), but in 19 73 the same employee was pr om oted ve rtic a lly . Oakley remembers that prior to the vertical prom otion p r actice, any increases from promotions were on an in dividual basis, that is; one m ight n ot g et any increase depending up on how cl ose the previou s increase had b e e n or how close th e upcoming anniversary date was and one m i ght get an increas e which varied on perce ntages. P ersonally , I would think that a 10% increase as a promotion wou l d be s ufficient but it would appear that such a p olicv could not be u niform ly administered with all employees; fo r inst an ce, being promoted from a Police Offic e r 1st Class to a Serge ant. There are other instances also where a 10% could not b e us ed and be equitable. A \though I do no t agree with the vertical promotion aspect, it a ppears that this is th e only policy th at treats all employees the same. This, h owever , does pres e nt problems in hi"ring o f outside employees when we have anoth e policy which limits h iring b e ond the ''B" step. ~K/,.?. ""-'-- KELL S WAGGONF.R' J Dir e ctor of Pub lic Works ph Attachment cc: Jim Curnes, Assistant City Manager I • • • • - -------. '\..: 1-r::-:\.. .... :T_:Jr.~·).. '.;,;~r.::1i ~ PER MA NE:NT ~II S TORY C1\RD -'--------------~----:ci:---~ -_.,,,.... 1-,ll..:h?--~4'.,l:""'--~--..:.-.....;.:r..:_...., _~""".C1 --__ J ..:-J _,:,_., ~96 &-south-·Sl~crman------76l c l~s-zt . ...//~f :"' J..1•':..:CL ,t.l /11r,/·/<1l,,0 J , whi.t e Eme rgency~ wi fe ! " 6 ' 18fl I "< i. 7/28/35 rr •J ,:, ... ~ .... ( ·.r " ~ rrl ;, . ,,;, . ~;":i·t • ~ 1 I' "T . j' j I i,,· ,,. H • • • Lilr.:n r, C:-ol J r?.do s~.~-~"~.·Vi0s-~6-111 1 '" I • .• ,•.' n")ne 111 (1.fl\l ""'' 1 0 /7 .I S7 l/l/58 _7/i,t5q 1/l/<;r. .. 7/J./5"-i ,n c.ur, r . . ; ~ . ; . - ~\.l J n, c:""n ·,,,c~r.,.1 n _I I; t '' I l ' '·' ·~ T •• A I 1\ ( flrinrl•· n,,,i s M""lthi·; Sal;,1v ~ncl o,-pr,:>h. - (! s (P1·or.) '\rn i vr\rr,,ry Tnr·;·t'.:1:J<'? _~nnivc·-sary J n crnaRe _7 f l./6 0 t---" -8L.ll~.Q .. t ---, .nn i 'Jlt!J:Srl ry_ Inc_r ~.~~~e__ _ . ____ _ _ _r,t•l';i.!Jnrd ____ ---···-------.-~ 12 l'il,_ --· . -~.&D' . -!' •.. -- Allis~ I _M,;>J~bd n ic - __ 7/l./f/2 ·t -_ -~ _ _ 1 2/1/52 r.~'1'.l i n tc:iw!lc c;:: -7/.l/5 4 12/1 /63 1 /1 /64 7/1/6 4 1/1/65 I R"'-cmrl oyn,~nt {Pourly) 1~1:-":,H,~ Pc-1 n st;:i Cl".'.r·n o n m:mthly 0a s is ~romotion (Prob .) Prob., t o Perm .Stat-u s · ~-- n L;1t .~r al tran sfer ! 1 2:}) (Prob.) ~nniv~rqary I ncreaae {12c) / Prob. to Perm. (no pay _incr.) , ~cw ~alnrv Schrrlule ..d.ll/65 i;t. Mt c e j Annivers;ry Increase Upgrad i n g w/~ ep rete ntion Foremat1,. T empor ary promotion 12C l 3 C l3D L4I)t· 16C- 7/l s [. 1 10 [ • 1 1~7. ,II\ fl(•" $ l. '13 ?89 29 4 320 ~3 1 34 2 i.i5's - 33 3 350 367 36 7 386 38 6 40 5 425 ~4A-1 469' ~ 7/1/65 I 10 -1 -~5 ~t. Maint. ; Retain a nnh•Prsary d at.e of , Ann ive rsary Increase f'ore rp an rrob to ,..,c>rm w/o increas e l6D 492 7-1 -156 " 1-1--'J ( 1-,6;( . .JI /OJ ...... ---=-=--'---• " Ann1vcrs a r ~ In~rease J, 0 :0 1r 'n6 1·.·/:;·p: r'c>lPntjon _ ',r,11j versary Increa::;e l)'fr'.!r1 ·ng w/~·rp re•1c'1t' !1 ll\J"?rrr, !r'~VI(£ rG-APD fng'rv 0,1 (olc•11d .. • ' lGD 492 lGE 517 17E 543 l7F 570 lOF 628 ... ~ ''\1-FJ:,'(" ' A-Ji' .... I • • n n ( ( • • • • 80110 --------·----··-- ·-~ --~ p ·----- jJ .~:~-:~:::= === \... r . r- I f:llt .\ l"I ~ A l. 1 I ('11j New ~salar schedul e_----~ -~-·~· -~.,· ""·· ~ ew Salary Schedule _ Upgrading wLAtep reten. -~~l~ea-~--A_ '-£1.=-I----'-~ ------I.a£ p~ogr~ss ..!'._e_por_t _ . Annual Incr.ea.sa progress repor __ Anr1ual Increase \_- I ---l --, - C1'REER SERVl(f 8000 Englo.,.o od Color ado -----~-- _.., __ :z..:--"'---:.o:;::- l •• ,.· .... •ur.,1 ,.1U Jf I • • - ( ( ( • MEMORA N DUM ---------- TO : FROM: City Man ager McCow~ ~ Richards . Wanush /~~t or DATE: September 2 7, 1977 • • • o f Co mmunity Developme n t SUBJECT : Vertical Promotion As I have stated on other occasions, the City nee ct;t o more clearly state its p o sition rela ting to the promo tion o f employees. I t i s my view that a system should be d evelo ped that would give preferenti al treatme nt to the promot ion of employees f r om within , While I wh o l eh e arte d ly support this concept, I canno t s upport the system commonl y refer red to as "vertical promo tion." I t is importan t to have a system that rewards g ood performa nce, It is also impor tant to havP a system that provides incentives (salary, bene f i ts, or recognition) to i ndu ce g ood perfo rm ance. But for such a sys tem to ope rate effectively, it mu s t contain some flex i bility. The automatic nature of the "verti c a l promotion " s y s tem makes o ne think twice about promot ing from within, In addition t o crea ting a reluctance to promote fr o m within, there are two o ther drawbacks to this sytem. 1. The imm e dia te impac t on the budget can be severe , 2. An emplo yee promo te d verticall y into a Step E enter s t h e new g r ade at the same l evel as someone who has been in th at position f or five or c;ix years . This is not equ i t a ble to the employee alread y at 'at grade, Any n ew sy s tem sho ul d include these elements: 1. The promo ted employee should be insured of a ten to fi f'!een p e rc ent i ncrease i n salary. The promotion must be of mo re be n efit than a normal step increase. • I • • - ( • ( • • • • City Manager Mccown September 27, 1977 Page -2- 2, As suming number one is followed, rarely, i f ever, should gw an employe e be promoted to the "A" step even if a promotion to the "B" s tep is more than ten or fifteen percent, If a present employ ee and an outside candidate are on the eligibility list, the present employee, in most cases, will be effective in the job sooner than the outside applicant becaus e of their familiarity with the City, They should not begin a t ~he same step as someone from the outside would. • • I • • [1 ( ( .. • • • r MEMOR ANDUM L TO: Jimmy E . Curnes, Assi s ta nt City Manage r FROM: Ernest P. Ro mans Di r ector, Parks & Recre ation DA TE: September 27, 1977 SUBJECT: VERT[CAL PROMOTION Vertical promotion doe s pose a problem sinc e i t does not represent just compensa- tion for work done. Each grade does ha ve certain qualifications , skills and experience that must be met. To promote a person from a Grade 3 in the "E" step to a Grade 4 or 5 in the "E" step assumes that pe r son has the expertise necessary for the higher grade. Thi s is not true in almost every case. ln vertical promotions budget considerations dictate that the city hire an ou t side per- s on rather than hire from within even though both rson are equally qualified . ./' .,-7) I',) &i./vv.4 _-; Acn-·"" ~ v~~ Ernest P. Roman s Director , Parks & Recreation • • I • • _O_ n - ( • • • • City of Englewood TO : FROM: DATE : SUBJEC T: J i m Curnes, Assist ant Cit y Manager Har r iet Lute, Director of Libra r ies September 27, 1977 Vertica i Promotion. 3400 S. El etl Street Englewood , Colorado 80110 Phone (303 ) 761·11 40 -------------------------------------------------------------------------------- It seems to me that vertical promotion is justifiable if the e mployee ia movin g into a position w ich is very similar to that which he has had . In such a case his previous experience is important and l earning the new job does not r equire a great deal of t ime, and he would probably be moving up one grade l e vel. However, there are pos itions in the librar y wher e vertica l promotion could not be justified. For ins tance , Lei Koest ner the circulation librarian , is in Grade 7. Her back up is Arlene Smith in Grade 2 at the E Step (this position needs reclassifi cation). While Arelene does ma ny of the same tasks that Lei does she certainly is not ready to assume Lei's responsib ilities without a gre at dea l of training. At the time that Lei's position was upgraded, she was o n Step E but wen t back to Step B. Vertical promot i on can be a deterrent to promoting current emp loyees, and pres sure to promot e current employee s combined with vertical promotion woul d have srrious irnpl ic·ations for the l ibrary . I Harriet Lut e HL :eeb I • • ( ( • • • - M E M O R A N D U M TO: FROM: DAT E: Jim Curnes, Assistant Ci ty Manager Gary Diede, Direc tor of En g ineer ing September 27, 1977 SUBJECT: Ver t i cal promotions After hea r ing both sides of the vertical promotions controversy from the City Manager and f rom past officers of the Assoc i a tion, I have f ound the following: 1 . For whatever reason, the City had al l ow e d, pr i or to 1973, vertical promotions i n the same salary see p . After 1973, the City Manager's office tried to change this policy and began of ferin g the em p loyee a 10% min. increase rather than a vert ical promot ion. 2. To my understanding , the City Manag er's o ffic e and the Association reached an imp a s s on this question and agreed to let the Career Service Board decide the ma tter. Three t imes the Career Service Board has upheld t he vertical promotion policy in favor of Lhe employees . 3. The employees feel that th e vertical promotion is a benefit that they now have and do not wane to give it up Hince it doe s no t hurt them and in a few cases it helps them. Whe ther the vertical promotion poli c y i s f air or not , l do n't think i e the real ie •ue here. l think it is whether the policy has been established, and l feel it h as , by the Career Service Bo ard, As to how l feel ab out that pol i c y , l fe el that th e employee should be promo ted o n hie own merits and receive the s al ary t hat he snd the department head agree u pon, shou ld h e be selected . Som times a n employ ee take s a pos i tion with the City t ha t he i s ove rly qua l ified for and de ser v e s a 20l or 30 % i ncrease if he is promoted because he is able to handle the job. Why should hi s sala r y b dictated for the new position by what he makes at his old po sit ion7 And, if he h as worked satisfactorily for the City, he has shown us what he can do which d ser ves s ome addi tional cons ideration. In a nutshell, vertical prom o t ion and limiting a pr o moti on by percent of salary a r e not preferred by me. I wo uld rather of1 r ~ s a l ary based on t he employee's merits and experienc e along with th e other applkan ts. The matter comes down t o -how tu chan e he policy. The employees are very upset with the procedur es used by the City Mana er. They d o not f eel he has the right to offer less than the ver t ical promotion since that i s the policy. It ap pea rs to me that the policy change s hould come lrom agreement by neRO tla tion or by ac tion of th e Career Service Board. • I • • ( ( • TO : FROM : DATE : SUBJECT : • • • Jim Curnes, Assistant City Manage ~/ 1 Robert Holmes, Chief of Police 0..-,V September 27, 1977 fl Vertical Promo tion In response to your memorandum of September 22, 1977, refe rence vertical promotion, I fe e l this matter should be le ft to the discret ion of he department head and city manager , and con sideration given on the basis of the individual emplo yee and position involved. Further, I feel the same consideration should be given f o r those employees being do~mgraded, so that the de- par t ment head and city manager have input into the grad e and step of the affected mployee. Rob e rt Holmes Chief of Police RH/sb • I • • • • • IES L. OGILVIE Se creta,y ·M1n11cr ':Boara ol ctOater eo'""''""lo11er6 16' ·-Colla.>. ....... o... .... , Colon.lo 80202 pl,.,,,. 222-5511 COMMISSIONERS • CHARLES F. BRANNAN , Pmident JAMES B. KENNEY, JR., ht vi-Praide11t WIL LIAM G. TEMPLE JOHN A. YELENICK DON FRIEDMAN September 27, 1977 Mr. Andy Mccown City Manager City of Englewood 3400 s. Elati Street Englewood, Colorado 80110 Dear Mr. Mccown: RECEIVEr· SE P ?, 8 1977 CliY ,4· ,\;'. ·\, Li(·~ '"· ..... r . ~ • By letter dated August 29, 1977, you requested that the Department review a "water lease and management agreement" between the Cities of Englewood and Thornton and a collateral application by the City of Thornton for raw water supply and storage. You further requested that this review be completed with i n 30 days. Because of the nature of your request, a final determination will have to be made by the Board of Wa ter Commissioners of the City and County of Denver. As Mr. Kenneth J . Miller of my staff discussed with you yesterday,the Board is also in receipt of an interesting proposal by the Cities of Thornton and Westminster for treated water service. Since the Board has been more than usually occupied with the public hearings on the Foothills Project, they have not had the time to consider these two proposals which must be considered as part of the overall water supply situation for the Metropolitan Area. We therefore will be unable to give an adequate review to your agreement and application within the time you proposed. I hope that a short delay while the Board of Water Commissioners considers these important matters will not cause undue hardship. Sincerely, 1-/.//Jfk {~ L. ;;l~·v·i·e Manager JLO/jm-; • I • • • • • - COUNCIL ACTION REQUEST LIQUOR AND J .2 BEER OUTLETS APPLICANT: St Louis Catholic Church 3301 s Sherman TYPE OF ACTION REQUESTED: Special Events Permit November 13 , 1977 Establish Public Hearing Date POLIC E AND FBI REPOR TS : PREVI OUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS, EXCLUD ING ANNUAL RENEWAL: CITY ATT ORNEY'S REVIEW: COMMENTS: Request Public Hearing date of October 17, 1977 • I • • • • • -·--------------------------_..,,. -- /0 -c3-1 1 ROLL CALL ; n1 )11!1...I ; I -t, Z1 'J' 1,3c Moved Seconded Wi 11 iams Sovern sm1tn Mann Brown Clayton II(_ Mayor Taylor ,"1'\L,O) ~1 )'l.M) V ,u)d ~ 1/-u.j>;) _} l >v " : ''.]} )he_ frwv V \__,, / 1<. .., l l, u t1n Ave I/ I/ V V V'" L/ / 1;1 10 PM-;)_ 'Yl 0 J\71 ,nu t?v ~ r Nav Abstain Absent J/ yJ~ r tliur ~cu /)ltv>~ ~60 .,{;/)Uu d,_,u t ,,J_L-,~ • • I . • • - • • _.,,,. -- ROLL CALL I o.- Moved Abstain Absent • I • • • • • - • • - ROLL CALL I~. M d S ove d d econ e A we N av Ab stain Ab sent L,,/ Wi 11 iams v" Sovern ~ :,m1tn V ~ Mann V V Brown 1---- Clayton /,,..- Mayor Taylor t.-- I . • • • - • • • • ROL L CALL M d S d d ove econ e A 1ve Williams Sovern ::,m1tn Mann Brown Clayton Mayor laylor r~ • JC/o (. 1/JJu ,,~ A . 4 0 0-raf 1 "'~ 3 r; 0 s_Jo J/}_v __ -~- /~ - N -- av Ab sta 1n Ab sent I . • • • • d b . ROLL CALL Moved Seconded Ave Nav Abstain Absent Williams ~ '-- 'f.... Sovern L-,-- )I.. Smith ~ Mann ..... Brown T7 Clayton ~ Mayor Taylor ,._, • I . • • • • • • ROLL CALL Moved Seconded II A ,ye Nay Abstain Absent W i 11 i ams -ii',. Sovern smith Mann Brown 1..1ayton Mayor laylor f tn 1 C:'/"l 1 t ), ~,{.) /1' J ,Al ~ rt • I . • \ • • • - • • ROLL CALL ove econ e A N we av Ab stain Absent ~ Wi 11 i ams -*' V Sovern I/ ·--sm,-fn ,_, Mann V' Brown V Clavton V Mavor Taylor I I tit '! I ,,------) G, 7 J'" ( / /}_ I L ?') ) 1 ~ (_ e__,, \. ~ I y-1 ? .,. ) I I I!...,.,.;[/,_} ' ,\ :., ,,/_.,_ w .4 ,'.) .> .I ~ '..) • I . . \ • ·I - • • • • ROLL CALL Moved Seco d d n e Ave Nav Abstain Absent V' {J--fo_t Y) .... ~ l/ (_.., 'jj -IS i (!_ / -, --, Williams ~ ,_.- Sovern l/ sm1tn ~ lolann l/' t.---"' Brown l/ llayton 1,/' lolayor Taylor 1/7 , ( J , , t I-' .J..L-C,, J ,J..i.lry /' %_; ? _) J>-1 l1 1 ) r 7 } sl (,(.) -~ ~/3 </cJt oO--O J , '1 )/ /" / 6 '-.J /) -; ) 197,J o. -IX l..4 /) J VI. I 1) \.t' A l C V / / <Jt'<, ,1 11 11,-£ '~ fl, tu r I<..._ r . < L , b ) i t~ t J' > -.·t· ,0 '1 1 I~ , .., 1...· n , ) :: (' I' "' ~ ( ( ,')l «/ -;>A C /j ,<JI... J1tl"' ,'j ,.J 1-{ I) '(~ C.' /'/ _, ( (111~·,J ,l<~·~ ?<11 1"-"'~ c l 1R J 1 /l 11.A' t)(/J.U..., 1..u.f't ,r-luo .,. U ,ll t l1l U '1 V t .) {{ •J ( {,c_LJ ~) • I . • - :.) • Mov d S d d e econ e J c.f., 9 • • •' • ROLL CALL Ave Nav Williams ~ Sovern smi th Mann Brown Clayton Mayor Taylor ;. -/ / / ) ) v} J f ~ A._), -r.) / 1 1 --,,. (_ Abstain Absent • J l.( ? CU l\A 1 .J ,-~ (?:AI ,-(' { t , ~ C /L -, J t.. (, c /-> / , #•M 'J,-;, l ,,r 1, J , ! '7 A..(1 /' 0 I' H , J "!'7 j'; '!?, ;;_, ;~ :;-t.J -'" ;) /1 £. -1 P?___,, J /-'- ) /e!-) /)/ G--/V c~ -7 -, u l <..~){111 , /o c L,L,~~ /) ·? ~ U-=- {) ? / • I . • - • • • - ROLL CALL Moved Second d e ' Ave Nav Abs ta; n Absent Wi 11 i ams ';,k-- Sovern sm1tn Mann Brown Clayton Mayor Tay l or )( '/ -I;) 1-I---, -::,1 <-----') ' y) J --.. E ) )') 1.(. tA.. / ) ) J _,I })I._ -I ) 11"(, } .I I c / J ../ ~ ) l ) ,-"2. (_ 0 I .,! I .1.. • .-!_ N (!,. F"-I I C . 4. 0 -( /i ,"J-, Y r ,A._, V . . ~u, t 11 q__ ,(,,1 )'IV i. t. l L~I-I.. /11, l i..f dC l1 _,,Uv 1)L..., ... lllll ~/l',·C,/.._,(\..(,· V. ~ ;I ")U J_.. /Qt,~'-'<'~ u >IC._t ../ ..., J ) '-..; {<7 ,-i t. n V{f 1.,,/, J )1 1 J ! ) n,-(/ 'v-;.,<. 11 a 1 I _,.( ( )I ,,(.tr.) t'. .£/l.h' rt 'JU <}J(l (i"J,1 ) °' J t ~tt J r 1 1) 6 7'l '>IQ:, ti 'l-1 p (/(' 1<) ! l l ,1.c( OJ J / L cc 1 ~ n A v l< ! u._1.e 1;,,....,, v t').. t -,1 7 tc ~.___,1 l./.' ''-) • I • • • J l t. rt u -l J n n1: u / t ll l 0 l ( )1 l I / Cj { ! (l(' 21 rr-J I ( /h., II ,1_ ,~ ?I ,.{Jt d_ L~ ;h!L . r " • • • ( { __, 'y.'l__ ll ,, L) ~I J I ., JtJ 1 S (, ), u ''J ,,I u c_. 'I,' ti c!«:J Lu-JU /f7(; 1-.tl v(A / ri1.,_j r /U. (r'"I.,<-' '/ ,O•.J -< .J.J< 1../ 1 &Ciy >1.J 'z---"-<'t /(-:J-/ ~') I 1"11c t-"f l-._, {( ) d' ~ I L] 11 L.a /. W.:, ~-k /~-(-_(: c•u I~ ~Llt 1..1 I- C I /) "-·' li e tt ,~ ; 1 ll , ./- I \ ..-(_ .J ( • L (' ( c t· S1 t ) I . . In • • • • ( u. . /l,3.1 c~, I- (]1~ -1-1- ?% J., ;-u~ ~ r lwu.~ -/2,<, J ,J au V I LR ,!'<.....-_,L ('ZT1 /0 QC·~ 0 /) 1 ?< C L,, I , ..-A.. .) _) , ./- '0 (,l_ (U A -r,<' 0 / '-tl ,{ ol .J l l-<..-f.. (_ n l.l tl C <U v . I l (' /J U'. 'c...( I_ /-')( c. U ~ u J / v I~ ..... t 1 J .},; \ ... ~ r--*1 .f' d) Y/. YYL. 1 ?. tU.. t--' (] ,-:--4..q J ~Wl.. I ,<, ---e- / " ;f ll ' I ( L,.,. t /J ~ { . lf -t-1 lv ~ ', ,._, ;)1 ) _,I C / ' I ?)'71..c U I t't'V'.J / 7 .;> (_ // ,0 CJ? fl~ ) ,-'L.._ I / r:: < f...-\..:r -00_ '/)) / ) ) 1.., )( oL-c 2,1 ,)1(L, JI ·)' {).( ;U/11\.. tJ.. ~ ) (__1c.-r= · 71 _ er l.tc, / h tt l( -'z.{j--le a. I~ .t 1 • L lU 1,_, _) I / -, () ; 7 f~-v . I-( . l ', l )~t · t' !-v l t ./. J - I • • • - • • fu t 2 .J S Jo / J l: r;( ,:U.t 'ilY J__ ,./.Ju /.., c.-~ (_--( /} '--j ( / 0 '! . -;) --( ) - / < ' z I . . • • -• • ---------· ---,,..,- ROLL CALL {/: 4C Moved Seconded Ave Nav Abstain Absent Williams ~ --,-;;::; Sovern --V sm1tn 77 Mann v Brown 17 L;lavton J/ Mayor lavlor t--" • I • • • • - ---------~~ Moved Seconded / V -V • • • • • ROLL CALL Ave Williams ~ V Sovern V smith V Mann V Brown 1/ 1,;1avton I/ Mayor Taylor t 'U )~ J Nav • Abstain Absent I • - - Move d s d d econ e 'f... 'f-. ) -1 ( 6-:J t V ~ .:-- • • • • ROLL CALL A ,ve N av Ab stain A bsent Wil 1 iams 'vt L,...--- Sovern ~ Smith (._/ Mann L-- Brown ·~ c1avton V' Mayor Taylor ;..g.__ th,~ j """ 1-r ~( ~ o<./. J ,}))r/t o...?' 2.. I ~ 7 t :, # . tlu • < =j I I . . • - • • - -£ ~-= -C i ROLL CALL M d S d d ove econ e Ave Nay Abstain Absent Williams ~ ,.,-- ':I--Sovern 1./' ":I.. Sm1th J ,,- Mann J ./ Brown J ./ c;1avton I -Mayor laylor V- /I ' -J I -11 ):Jo L (__, }/{4 C!! ?, 1 f O C /ju;, h t '"-'f /----/ ~ I . . • • • • • -I =zJ WE cs ROLL CALL M d S ove d d econ e A ,ve N av Ab sta n Ab sent Williams '~ ~ Sovern {.,,../ 1-.. sm1,:n L--- Mann t.,,/ b( Brown L--- c;1avton I _,/" Mayor Taylor V /'a t, 1. n 1t.J- ,/l i...... h 11 ( rt t ~ j (71,Y 2 ') ) / ) .;' /' _) ' ,,-c / C; ~ IJJ ' '--c "°) J _,P I _J (. ~ (..., ...,? }~ ..:..<-< ( .. I I -C 7 ,U{_ ,,u. > u ~ ) ~ ( t• ., ' 'J.n~Z ,::;.., H ,._._ < >,.., (., .... ) ) s..__/'/-" t<--- ( I . . • • • • • ROLL CALL M d S ove d d econ e I A 1ye N ay Ab t i s a n Ab t sen Wil 1 iams .....-r..-- 'I-Sovern t.-- Sm1th / _.- Y-Mann [..-- Brown L-- c.;1ayton v Mayor laylor X ..... • I . • \ • In • - • • ROLL CALL Moved Seconded Ave Nav Abstain Absent Williams~ J ---Sovern 77" "t.l Sm1th 77 y.._ Mann V Brown -y:;;;; 1;1ayton 77 Mayor laylor ~ / / 0 . ~l ~ t ·~ (( l 'l (I )( 'J 9 /) J ct • I . • • • - - • • • -------- ROLL CALL M d S ove d d econ e A ,ve N av Ab sta n Wi 11 i ams 't/.... - Sovern t..-- b£.... sm1tn t..-- Mann t..--- ""-Brown I/ t.;1avton '-' Mayor Taylor / o( ../ __p ' U--1-u ... J ~~ ~ .;~-,_l, ( A i;-1 ,tc cu ~1 C, • (..:,(L t .:, /7'),.. D l cL < ) /) L t-{1 ) l.A I l -1. tL l ,./ ! /j. 1...>--t , '/1...1-. ' _) r--r-_ ( t I ..( 1 \ --f' -v ~ i:__J1 t, 1 lt'U-I ,t · \ Cl.£ j ), (' ,( c....u • Ab sent 7--- I . . - ( • \ • • • ,· • -=----~--~ -~-- ROLL CALL Moved s r-. T econded Williams~ 1 l Ave Nav Abstain l I Absent I 1 I ~ C. l ) ( ~ Sovern SmiTFi Mann Rrown c1avton Mayor laylor l l /1..J (.,1t t 7 L t I ( ' l_ l ('I ( ' (, ' l c__~ - ,, )J' I ',..,_ / /J,J f _.t I (')1 ),,Jr~ I .:i a tu/:! U1- '-f r 1 )( t.£ ti t"1J.. ~ /UC-Ol-lY'i t) I. 1 4,,A. .:)/.} /' ) f i ljJ LJ ( •.• Y-' !~ .?JJU (d')) I{ ... V' -j_,/c , ,, Jo cf_,,._.,~ J l /. (}~~ t.. :1 J ,-..; IM -, <-.., ' t / U,<.J t ! ~ ,,I {I d U ~I · • • t · / .I ·,µ_µ.,,_ v-'fV-' ~ ( ~ , , /I r-"") 1 f'f. , J J; > I •' '-'-' -1.,t, ~ - u f 'P", v / c, o , , . I» , L' f v I JJ 1. ) .J. /d 1° i )l1 j) 1. j, V• 0 I ~ 1 J -o..V iO /~. M~ -' f>,1i_,-).._~J '-. ..., v l -\ C ,J JV 1 '" J ' ,., t • I . • - • • - / \ I I L'l..) ROLL CAL L M d S ove d d econ e A \Ye N av Ab sta n Ab sent Williams --:t:. , _,,.,. Sovern , ~ 'f..... smnn {/" Mann / 'v'---... Brown J/ i;1avton I/ Mayor Taylor ~ ® ') y 0,) µ . • I • • • • • - • • 1(b) ROLL CALL M d S ove d d econ e L A \Ye N av Ab tai s n Ab t sen Williams ~ Sovern Sm1th Mann Brown c1avton Mayor 1ay1or /J 11 /I. ((Jct.'<, '-f {i + I l.f 'j ,<__./ I:') l t.,l...., /( I OJ' 'I ru-/"L 'IA_J """~)-"} 7 /)L..J..)~J C . l 1 L (1 l , )L {) a .J ,.)_ ..x.-"Qc~ u ft_, (C'Ci t 'LlJ! l Y\J rl J • I . • • • • • • ROLL CALL Moved Seco d d n e Ave ' /, /.,I l I 1 • Wi 11 i ams ""' {/ ¥.._ Sov ern t-- 'A sm1tn 1.,/" Mann i.--- Br own ,__. Davton i-- ~ayor 1avlor ( I 'f1 ) _r, l /, lz ) j ' ,. /(7 < /) 1 )1-. /7 ,,.--. , , .AW , + C ~ I •1. '- -, :)) 11 ( ,;, / I v;, .A / ._. ; I j' ' \.- /.-< I JI (JV j i; ...; t1 i ' ~11 I -t) , ./ ) ( Nav Abst a i n Abs ent '/-....._ J J ,-: I) 1 -z 1. 1 ,, -----::, /)1 ,, l . t / J (I((. (/ ( ,l-s_, ,, / ,, ';;:7 I ( • J J ..,/ .,. { , V u ~ ,I(,,; ... ~ ~ . .., 1.dt~~ l ; ( ' /t ~ '1 )' ,I ? ~ ><( . J J ~J ~ .A ...... ,. -- > • /. )·-,,.",--...-- / :4-_ I ,,,( • I • • - - I' • • • ROLL CALL Moved Sec d d one Ave Nav Abstain Absent 'cJ-... Williams ~ ~ -v.:._ Sovern {...-- Sm1th {...-- Mann v Brown l,,- Clayton l-' Mayor 1ayl or 't-1-_ / ) ,, )7 ( ,;;;2.-_tJL.., ,,---.. J ./ ~-_ __) 'J 'f? d ---z:) J · 11i t f7 ')'\./ _) "' / rnl h J C-> - '- 0 ( ./ v ,; I • - ;~ b/'J 'b? ::.,, ..:?, I ._,,. ,, , -.JJ / 1 .. :/ '\ ,, , / 1' ,,..,,., J ,· f , ) ~ ...., /-..-, /J ~ r;; L--' r l... v 1 '---" '-c? v ~,, r l'-~</2 { ~ '-' _t..,,,1 -li.1:'--' c-.L &{ ~ .J-;t/· (,, citJ .. ,,.--- .,))1t'l1 • • / I • • '/{b) r' ...J ;') l t l1 - L'' JUi...U - ( .j)(). 1 I )")- • • • ,· - {l h )\ I.A.ft J 1,~ tC:, < ~I o i./)11-c 1.r),._, .. Nt I ( 1 fV-., I, {). Q .J ./ t I J~~ 1<... ;{j r(' ll lu i , !'t'-1 tZ>., cllJt1-J1..• ""- .0 <Jt-(l(V" ~ /Qt ,l C ,{_ ~ J _.f' I J ./' / 3 t1-.. 1. c c1 ?l n , >' 'r:t.: unu ( ,. /U ) l (!;-( I J l \ 'l iL-\..l 1t O r <L.t.1 .9 , , C.. u ' · ( ) ' ,1-J v 1 '--t //) 1} ' C1t, I... !J .,,t<Jl~ .,(./IV I ~ -W c..(/' /) .l :1 ( ) l (!_ (. ) I. .' l">' ';, (.,t Z ." L ) l cV:_J) -I (1( 1- c<'.-k) /7 \\_/ & I!<.. < ) YL,JJ .,,L l -, )£ t IF ( ,/-/ J / { /-.( (' , I ,.J ....-V '-' .. ) ),,_ --0 \._ I' (,if•" ' ' .J ' ,/ 1; J l , /.._~, t. _< c· G Cl -j t! C'' l l J ,<J -t'l>'Ll /)'U l _,,( 7'-- ("\. vu.-0..1 {I~~ 1~ d 1 1 .. " r 1,<-u .,,.t .,.,\ 6 t:.,-i) <-.1....J Jc t. <J ; c· _, • I • • • V • • • ( Y)L 1J 1 'V\ , (-/ J J / "(! ( /. { ( I)..._, J I l J1. .; {I..(_ ~u f-I ~h-f..,,., _,LL.. --z ' r 1 1 c ,,__ / (. C 1l ~ // (:'}J ,6/JJ C./,._ / l J I.:;~,-1 t ll ) _ tt ,u Ii., i....., 11 ' l / } .:_ ,/. ( .,__ -nu ;, t I C (~ 'J , 1 f1. U ' .._ t '1. ? ,...:..< " ( C I )k ( ·111 ,u l l', ((_ tt J J ') u.J LF {c..< t~rd-: -/C/1'1, , '))., n~ ), )")ll( >l ( J ' ) ' 2 l (1 ( t.._ / , ;Jc n1 1t-13. ,H., ?t !(,,) ) 11-,-1 i, /\ < f< £,-c._., , ' (.( .J...., ,/-c ,t/-Jt(l,,c;(/A -cl!i Ll.-1 Yl..( n (a_[(_ t).~ , ~77 )1 " I ) l l /_, tt ,,, a. J ) ct:..tJ "'<--1 < i.. , L, d t11..er 2t. 'c//1 ))--:;2.-ci u J 1t; u ,c, .),, / -~ 011.l.. Vi t? C- '--.,J J , d ,,.r-,,-) / /3 -) I / /'/)~)I') .) ) J_V --;:, / v 1:.. tl ,, 1 a .;.) (-J , • I . • • • ROLL CALL M d S ove d d econ e A \Ve N av Ab sta n Ab sent X. Williams ~ V )(_ Sovern , __ ;>1111tn t.-- Mann l--- Brown 1./'" c1avton L.-- Mayor Taylor '-;I- '· ._,A t''l L < ..J <- I . . • • • • • --- ROLL CALL M d S d d ove econ e . A we N av Ab sta n Ab sent Williams ~ Sovern ::.m, tn Mann Brown Clayton Mayor Taylor 7,/ } l1 .L ~ n ~-<} / ) /'- ,,..-~ C U' t) u ~ C ~.h'J AP-~ (if -t I ·r ~ /u{ tJ ) I • • I .._., j µ V 1'1 ' ?!!hi ,,I {µ y._,, (} ' t J.,l.1. I',,. I c' " • I . • • • • - • • ROLL CALL M d S ave d d econ e ' A 1ye N ay Ab t i s a n Ab t sen 'f.... Williams ~ Sovern -- Sm1th '/.._ Mann Brown Clayton Mayor Taylor • I . • • • ( • • • • INTRODUCED AS A BILL BY COUNCILMAN~-~..:.....:-=:._:c_~~~~~~~~~~ ~ A BILL FOR ~ AN ORDIN ANCE APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY ~ OF ENGLEWOOD, COLORADO ANO THE ENG LEWO OD HOUSING AUTHORITY IJ_:l.,/-11 RELATING TO THE HOUSI NG REHABILITATION LOAN PROGRAM POLICIES 7 ANO PROCEDURES, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGL EWOOD, COLORADO, as follows: Sect ion 1, Th a t the City of Englewood sha ll enter into an Amended Agreement and Pol icy Sta tement with the Englewood Housing Authority, according to the prov isions of that certa in written Amended Agreement establishing criteria, priorities, limits, rates, review method of s upe rvision mod ifying the terms of a n Agreement entered into on the 19th day of July, 1976. The Amended Agreement I I, is attache d hereto, consisting of eight (8 ) type written p a g es a nd is hereby incorporated by reference herein . Said in s trume nt provides as follows: 1. That the Housing Authority or the City s h a ll be responsible for the exe cution of t he Housing Re h a bilitation P rogram. a loan. 2. Application and approval proce d ure for obtaining 3. Establish policies and prioritie s based on the use a nd p urpo se of the loan elig ibil ity, income, neighbo r hood, loan limits, liens, credit factors, loans on rental property , and repayment. 4. Requiring supervision of any improvement. 5. Establishing repayment provisions. Section 2. The City Council of the City of Eng l ewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Amended agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same . • I • • ' 1,-, - - • ( • • • • Introduced, read i n full and passed on first reading on the 19th day of September, 1977. Published as a Bill for an Ordinance on the 21st day of September, 1977. 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 t h e 19th day of September, 1977. ex officio City Clerk-Treasurer -2- • I • • ( • • • • I'~,,,. "', I c I f -17 '""' ~I /, I ... INTRODUCED AS A BILL BY COUNCILMA N ~~~-/~>~~~~~~~~~~ A BILL FOR AN ORDIN ANCE APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AN D THE ENGLEWOOD HOUSING AUTHORITY REL ATING TO THE HO USING REHABILIT ATION LOAN PROGRAM POLICIES AND PROCEDURES, BE IT ORDAI NED BY THE CITY COUNCIL , CITY OF ENGLEWOOD, COLORADO, as follows: Section l. That the City of Englewood shall enter into an Amended Agreement and Policy Statement with the Englewood Hou sing Aut hority, accord ing to the provisions of that ce rtain written Amended Agreement establishing criteria , priorities, limits, ra tes, rev iew method of supervision modifying the terms of an Agreement entered into on the 19th day of July, 1976. The Amended Agreement II, is attached hereto, consisting of eight (8) typewritten pages and is hereby incorporated by reference herein. Said i nstrumen t p rovides as fo llows: l. That the Hous ing Authority or the City shall be responsible for the execution of the Housing Rehabilitation Program. a loan . 2 . Application and approval procedure for o btai n ing 3. Establish policies and priorities b a sed on the us e a n d purpose of the loan el igibi lity, incom e, neighborhood, loan limi ts, liens, credit factors, loans on rental property , an d repayment. 4. Requiring supervision of any improvement. 5. Establishing re payment provi sions. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor o f the Ci ty of Englewood, Colorado, to subscribe his name to said Amended agreement on and in · behalf of the City Council and the City of Eng lewood, Colorado, and t he Director of Fina nc e, ex officio City Clerk-Treasurer attest the same • I • • ( • • • - I ntroduced, read i n full and passed on first reading o n the 19th day of September, 1977, Published as a Bill for an Ordinance on the 21st day of September, 1977. 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 Ordinanc e, introduced, read in full, and passed on first reading on t h e 19th day of September, 1977. ex officio City Clerk-Treasurer -2- • I • •