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2025-03-10 (Special) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Parkway - 2nd Floor Community Room Englewood, CO 80110 AGENDA City Council Special Meeting Monday, March 10, 2025 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Major Drainageway Plan Study results and proposed next steps a. Deputy Director of Engineering Tim Hoos and Jennifer Winters of Mile High Flood District will review the results of the recently completed Major Drainageway Plan (MDP) update and propose next steps. 6:00 p.m. to 6:45 p.m. Information and Direction Presentation: 30 minutes Discussion: 15 minutes IVa documents V. EDDA South Broadway Design Guidelines a. Executive Director of the Englewood Downtown Development Authority Hilarie Portell will be presenting on EDDA South Broadway Design Guidelines. 6:45 p.m. to 7:20 p.m. Information and Direction Presentation: 20 minutes Discussion: 15 minutes Va documents VI. Break - 10 minutes VII. Technology Plan Presentation a. Director of Information Technology Joe Isenbart will be present to discuss the Technology Plan. 7:30 p.m. to 7:35 p.m. Information Presentation: 20 minutes Information: 15 minutes VIIa documents Page 1 of 376 Englewood City Council Special Meeting Agenda March 10, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. VIII. City Sales Tax Code Update a. Director of Finance Kevin Engels and Revenue and Tax Audit Supervisor Curt Osborne will be present to discuss the City Sales Tax Code Update. 7:35 p.m. to 8:10 p.m. Information and Direction Presentation: 20 minutes Discussion: 15 minutes VIIIa documents IX. Executive Session a. Executive Session in the Pike's Peak conference room to discuss the sale or transfer of the Ground Lease on City-owned property surrounding the Civic Center, pursuant to CRS 24-6-402(4)(a). X. Reports from Board and Commission Council Liaisons XI. Council Member’s Choice XII. City Manager’s Choice XIII. Adjournment Page 2 of 376 STUDY SESSION TO: Mayor and Council FROM: Tim Hoos DEPARTMENT: Public Works DATE: March 10, 2025 SUBJECT: Major Drainageway Plan Study results and proposed next steps DESCRIPTION: Joint presentation with the Mile High Flood District (MHFD) to review the results of the recently completed Major Drainageway Plan (MDP) update and proposed next steps. RECOMMENDATION: It is recommended that Council review the updated MDP information and recommendations and provide feedback on proposed next steps to be taken to prioritize future joint City and MHFD funded stormwater capital projects within the city. PREVIOUS COUNCIL ACTION: Council approved CB #20 at the June 1, 2020 meeting authorizing an Intergovernmental Agreement (IGA) with the Mile High Flood District (MHFD) for Major Drainageway Planning. SUMMARY: This will be a joint presentation between City staff and the MHFD staff to review the findings of the recently completed MDP update and proposed next steps. The last update to the City's Major Drainageway Plan (MDP) document was in 1999. The MHFD managed and oversaw this project including hiring an engineering consultant to complete the detailed engineering work and prepare the final report. The MDP update has resulted in the attached Basin Prioritization Study that will be used to further refine specific projects required in each basin to provide 25 year storm event capacity to residents and businesses. The updated MDP is a detailed study of the City's drainageways using current hydrology and hydraulic information and design methodology. The results of the study can be used by MHFD and the city to identify future funding needs and assist in prioritizing future storm water project phasing. ANALYSIS: The MDP document is the drainageway master plan document that MHFD uses to prioritize and allocate funding to the City for storm drainage improvement projects. Having an updated document not only provides more detailed information and prioritization of future storm drainage projects but also allows the City to be eligible for MHFD funding for construction of the improvements recommended in the report. Page 3 of 376 This multi year effort has culminated in a new MDP that recommends prioritizing future work in three of the City's major drainage basins as follows: South Englewood; Little Dry Creek and Dry Gulch Subsequent studies are underway to identify specific priority projects in each of the basins to provide 25 year storm event capacity to the most residents in each basin. COUNCIL ACTION REQUESTED: Council is requested to review and provide feedback on the information presented. FINANCIAL IMPLICATIONS: The total cost to update the City's MDP document was $350,000. In accordance with the original IGA, the City's share of the cost was $100,000 with MHFD covering the remainder of the cost. Funding for this work was taken from the Storm Drainage Fund Professional Services budget G/L account number 42-1607-54201. CONNECTION TO STRATEGIC PLAN: Infrastructure: A city that proactively, and in a cost effective manner, invests in, maintains, and plans to protect its infrastructure. OUTREACH/COMMUNICATIONS: Targeted outreach to residents in the affected areas will commence once priority projects are identified and design work gets underway. ATTACHMENTS: Presentation Major Drainageway Plan Page 4 of 376 March 10 th 2025 The Englewood Flood Hazard Mitigation Basin Prioritization Study Pa g e 5 o f 3 7 6 Agenda I.Study Purpose & Background II.Public Input III.Englewood Drainage Basin Context IV.Basin Prioritization Process V.Basin Priority Results VI.Recommendations & Next Steps Pa g e 6 o f 3 7 6 Background Pluvial flooding is the product of intense rainfall overwhelming drainage systems and natural water pathways. The City of Englewood has experienced pluvial flooding in various locations over the years, and in some locations the severity of that flooding is a serious threat. Study Purpose This study builds upon the City’s previous stormwater work, but utilizes pluvial flood modeling, flood hazard analyses, and land use and social indicators to evaluate community risk and identify priority basins for flood mitigation investment. Pa g e 7 o f 3 7 6 What does this study do? This study prioritizes drainage basins for future flood mitigation investments based on updated modeling, public input, and infrastructure analysis. What doesn’t it do? It does not directly fund or implement projects, nor does it change FEMA floodplain maps or property insurance requirements. Pa g e 8 o f 3 7 6 Flood hazards present a serious risk to life, health, safety, and property. Why do we study Flood Risk? Pa g e 9 o f 3 7 6 •Inundation Level: Reports of increased water flow and depth, attributed to blocked storm drains and overflow from adjacent properties. •Floodplain Designation: Divided opinions on FEMA floodplain designation; concerns about moral implications and practical costs of floodplain insurance. •Need for Immediate Intervention: Residents called for near-term flood mitigation, expressing frustration with perceived city inaction due to cost concerns. •Human Safety: Concerns over emergency system failures and contaminated water during the 2018 flood, leading to general storm anxiety. •Misunderstanding/Misinformation: Incorrect information about flooding causes, safety resources, and flood hazard awareness highlighted during meetings. Prior Public Input around flood risk *Public input collected during stormwater open house on July 18th 2024 Pa g e 1 0 o f 3 7 6 Englewood Drainage Basins 19 Drainage Basins 4 Open Channels •West Harvard Gulch •Little Dry Creek •Big Dry Creek •Southwest Greenbelt Pa g e 1 1 o f 3 7 6 Basin Prioritization Process 1.Review Existing Conditions 2.Develop Evaluation Framework & Evaluation Criteria 3.Map the Evaluation Criteria and determine Priority Basins 4.Identify Next Steps for Flood Mitigation in the Priority Basins Pa g e 1 2 o f 3 7 6 Evaluation Criteria Pa g e 1 3 o f 3 7 6 Pluvial Flood Depth (<1 Ft) Criteria 1: Rain-on-grid modeling simulates how rainfall moves over land without assuming predefined flow paths. It provides a more detailed understanding of flood risks, especially in urban areas with complex drainage patterns. Pa g e 1 4 o f 3 7 6 Pluvial Flood Depth (1 - 2.5 Ft) Pa g e 1 5 o f 3 7 6 Pluvial Flood Depth (> 2.5 Ft) Pa g e 1 6 o f 3 7 6 Criteria 2: Land Use & Zoning Pa g e 1 7 o f 3 7 6 Population Density Pa g e 1 8 o f 3 7 6 Vulnerable Populations Pa g e 1 9 o f 3 7 6 Vulnerable Populations Composite Social Vulnerability Index Pa g e 2 0 o f 3 7 6 Criteria 3: Critical Infrastructure Pa g e 2 1 o f 3 7 6 The highest level of intersection between inundation, population density, vulnerable populations, and critical infrastructure indicates the basins of greatest priority for the City of Englewood for future investment. These basins include: •Little Dry Creek •Dry Gulch •South Englewood Priority Results Priority Basins Pa g e 2 2 o f 3 7 6 Highest Priority Basins Priority Basins Dry Gulch Basin Little Dry Creek Basin South Englewood Basin Pa g e 2 3 o f 3 7 6 Little Dry Creek Basin South Englewood Basin Dry Gulch Basin Outfalls of the Three Priority Basins Elevation 5,300’5,440’5,375’Pa g e 2 4 o f 3 7 6 Next Steps for Priority Basins South Englewood Basin •Map the 100–year flood event •Identify number of properties within the floodplain •Continue to regulate future development based on Best Available Information •Increase public safety and awareness of flood risk •MHFD and City of Englewood will select a consultant in 2025 to evaluate the differences between the detailed hydraulic storm drain evaluation (prepared by Ulteig) and the results of this study. If needed, the consultant will prepare alternatives for additional improvements to address a 25-year storm event •In 2025, if needed, begin alternatives and conceptual design with a focus on upstream of Rotolo Park and confirmation of whether 25-year capacity has been achieved through previous investments Pa g e 2 5 o f 3 7 6 Next Steps for Priority Basins Little Dry Creek Basin •Map the 100–year flood event based on updated hydrology •Identify the number of properties within the floodplain •Continue to regulate future development based on Best Available Information •Increase public safety and awareness of flood risk •MHFD and City of Englewood will discuss a path forward including the evaluation of alternatives to decrease and address new peak flows. Consider alternative to address the 25–year storm event and include options for the box culvert. •Identify future CIP and set aside funding Pa g e 2 6 o f 3 7 6 Next Steps for Priority Basins Dry Gulch Basin •Map the FEMA floodplain as defined in previous studies •Identify the number of properties within the floodplain •Continue to regulate future development based on Best Available Information •Increase public safety and awareness of flood risk •MHFD and City of Englewood will select a consultant in 2024 to evaluate alternatives for improvements to address a 25–year storm event •In 2025, begin alternatives and conceptual design. Potential concepts may include: •Detention within Packy Romans Park in coordination with the Englewood Parks Department •Detention in Wellshire Golf Course as recommended in the Englewood Major Drainageway Plan Pa g e 2 7 o f 3 7 6 Supplemental Recommendations Study & Evaluate Roadways & Crossings City-Wide Complete City-Wide GIS Stormwater Inventory Assessment Strengthen Multi-Agency Coordination Develop a City-Wide Education Program •Strengthen Community Awareness •Identify Educational Strategies Pa g e 2 8 o f 3 7 6 Thank YouPa g e 2 9 o f 3 7 6 1PB Englewood Flood Hazard Mitigation Basin Prioritization Study Final Report January 2025 Pa g e 3 0 o f 3 7 6 This page is intentionally left blank. Pa g e 3 1 o f 3 7 6 3 TABLE OF CONTENTS 2 26 3 5 28 ................................... .......................................................... .............................................. .................................................... Study Area Executive Summary Existing Conditions Recommendations Appendices Reported Flooding 4.........................................................Topography 6................................................Previous Studies 3..............................Basin Prioritization Process 9............................................................. Evaluation Criteria + Mapping Exercises Criteria 1 8.......................................Evaluation Framework 16.............................................................Criteria 2 22.............................................................Criteria 3 ...................................... 7........................................................Public Input 24................................Flood Hazard Vulnerability Classifications 23Priority Results................................................... Background Acknowledgements City of Englewood, Public Works Department Mile High Flood District OV Consulting Dewberry Engineers Inc. 2................................................... 8............................................Criteria Workshops Pa g e 3 2 o f 3 7 6 2 EXECUTIVE SUMMARY OF FINDINGS The Englewood Stormwater Basin Prioritization Study was developed by OV Consulting and Dewberry Engineers for the Mile High Flood District (MHFD) and the City of Englewood. This study builds upon the City’s previous stormwater work, but utilizes pluvial flood modeling, flood hazard analyses, and land use and social indicators to assess the risk and identify priority basins for flood mitigation investment. Next steps include targeting short-term strategies to mitigate 25-year risk, addressing local safety, and increasing community resilience while the City and District pursue long-term investments. The City of Englewood has experienced pluvial flooding in various locations over the years, and in some locations the severity of that flooding is a serious threat. At the request of the City of Englewood, the consultant team examined Englewood’s drainage basins and identified priority basins for future investment that best reflect the City’s physical conditions and needs. The study identified three priority basins: South Englewood Basin, Little Dry Creek Basin, and Dry Gulch Basin. To mitigate flood risks, the study recommends next steps for these basins. These include mapping the flood hazard area, identifying the number of properties within the floodplain, continuing to regulate future development based on Best Available Information, increasing public safety and awareness of flood risk, and exploring and evaluating alternatives for improvements to address a 25-year storm event. The study also recommends developing a comprehensive, city-wide educational strategy to raise awareness about flood risks among stakeholders and the general public and identify educational strategies, such as floodproofing. Enhancing multi-agency coordination to improve stormwater infrastructure in coordination with other city improvements is crucial. Completing GIS stormwater inventory assessments and assigning flood hazard vulnerability classifications (HVCs) to roadways and crossings will guide city-wide improvements. BACKGROUND The City of Englewood has experienced pluvial flooding in various locations over the years, and in some locations the severity of that flooding is a serious threat. Pluvial flooding is the product of intense rainfall overwhelming drainage systems and natural water pathways. Flood hazards can present a serious risk to life, health, safety, and property. The purpose of an effective stormwater system is to minimize these risks by capturing stormwater runoff and conveying the water safely away from people and property. This is generally achieved though Englewood’s streets, curb gutters, underground drainage pipes, and channelized or natural waterways, flowing to the South Platte River. At the request of the City, the consultant team examined Englewood’s stormwater system and identified priority drainage basins for future investment. Pa g e 3 3 o f 3 7 6 32 STUDY AREA Within the City of Englewood, there are nineteen drainage basins, including several smaller sub- basins. These basins follow the land’s topography and carry stormwater to the South Platte River. The City has four open channels or partially open channel drainageways that have been previously studied through various Master Drainageway Plans. These four channels include Big Dry Creek, Little Dry Creek, West Harvard Gulch, and Dry Gulch, portions of which remain open channels and portions run below ground. While new hydrology was not initially developed for these previously studied basins, hydrology was later developed specifically for the Little Dry Creek basin to update and refine the evaluation process. BASIN PRIORITIZATION PROCESS The consultant team developed a methodology for basin prioritization. This process includes the following steps: 1. Existing Conditions 2. Evaluation Framework: Establishment of Evaluation Criteria 3. Mapping the Evaluation Criteria 4. Next Steps for Flood Mitigation in the Identified Priority Basins Figure 1: City of Englewood Watershed Boundaries, Basins, and Waterways Pa g e 3 4 o f 3 7 6 4 TOPOGRAPHY The City of Englewood lies primarily to the east of the South Platte River with an elevation gain of only 282’ between the lowest and highest elevation points. The lowest topography lies along the river and rises gradually towards the east and west. Other low-lying areas exist along natural waterways, including Little Dry Creek and Big Dry Creek. Topography is the critical function of understanding the flow of water through a drainage basin. Stormwater typically flows within each drainage basin from higher elevation to lower elevation. In Englewood, stormwater is carried through and between Englewood’s 19 drainage basins, outfalling to the South Platte River. EXISTING CONDITIONS Figure 2: Englewood Topography 5,400’ 5,440’ 5,350’ 5,300’ Elevation Pa g e 3 5 o f 3 7 6 54 REPORTED FLOODING In 2018 the City of Englewood experienced severe flooding, resulting in both structural damage and loss of life. The city’s emergency services kept a log of flood locations reported by community members, including both residential and commercial properties. South Englewood and Dry Gulch basins had the highest number of reported flood locations. As a result of this flooding, an adult drowned just north of Layton and Broadway at 4650 S Acoma Street in South Englewood Basin. While this data only provides a snapshot of a single flood event, it offers valuable insight into flood conditions and patterns across the city. Figure 3: Basins with Most Reports of Flooding (2018) Flooding Report Made to Englewood’s Emergency ServicesPa g e 3 6 o f 3 7 6 6 PREVIOUS STUDIES City of Englewood Floodproofing Study & Outfall System Plan (OSP) In 2019, the City solicited the completion of the City of Englewood Floodproofing Study and Outfall System Plan (OSP) from Calibre Engineering. This study has been the primary guiding document for ongoing storm system improvements and pipe infrastructure recommendations. Many of Calibre’s recommendations have been largely infeasible due to city budget constraints. To maximize available city infrastructure funding, the Team verified Calibre’s findings and identified projects within Calibre’s recommendations that would be fiscally viable and maximize potential benefits for the community. The prioritization process incorporates the findings of the Calibre Study. Figure 4: Calibre’s Recommended Pipe Improvements Pa g e 3 7 o f 3 7 6 767 PUBLIC INPUT Following the flood in 2018 and the completion of Calibre Engineering’s study, the City held several community meetings to share information about flood hazard mitigation plans and to gather community feedback. Public comments are organized into five thematic categories below and have informed the development of criteria in the prioritization process. Inundation Level Residents and stakeholders reported increasing flow and depth of water. Many residents attributed increased flooding to anecdotal reports of blocked storm drains or overflow from adjacent properties. Floodplain Designation The meeting attendees were deeply divided on the topic of designating floodplains through the Federal Emergency Management Agency (FEMA), leading to significant tension and disagreement during meetings. Differing opinions emerged among the participants: while some expressed moral concerns, emphasizing the importance of designating floodplains to ensure future residents are aware of potential dangers, others raised practical worries about the costs associated with floodplain insurance if their homes were designated within the floodplain. Need for Immediate Intervention Many residents spoke to the need for near-term and smaller scale flood mitigation interventions. Attendees who spoke to this topic felt that the City had been hesitant to act on flood mitigation because interventions were too costly. Additionally, residents felt they were not seeing prompt action on the part of the city. Human Safety Significant conversation revolved around the failure of emergency systems, such as Fire or Police services, as experienced during the flooding in 2018. Additionally, residents spoke about concerns regarding contaminated water. General sentiment of storm anxiety arose because of a lack of certainty surrounding personal safety Misunderstanding/Misinformation Attendees referred to incorrect information throughout the meeting. Particular areas of focus included misunderstanding or misinformation regarding the cause of flooding, availability of safety resources, and general awareness of flood hazards. Pa g e 3 8 o f 3 7 6 8 1. Floodwater Inundation Pluvial Flood Depth 2. Land Use Characteristics Land Use Type Population Density Vulnerable Populations Social Vulnerability Index (SoVI) 3. Critical Infrastructure Medical Facilities Youth Facilities City Services =Priority Basins Analysis: Hazard Vulnerability Classification (HVC) EVALUATION FRAMEWORK The consultant team developed a methodology for basin prioritization that includes the identification and mapping of physical and social conditions across the Englewood drainage basins and the identification of criteria for an evaluative comparison of these conditions. This criteria evaluation was conducted in coordination with City staff and MHFD. The evaluation criteria accepted by the consultant team and the City are explored in the following pages through various mapping exercises. These criteria include: • Criteria 1: Floodwater Inundation - Pluvial Flood Depth • Criteria 2: Land Use & Zoning- Land Use Type, Population Density, Vulnerable Populations, and Social Vulnerability Index (SoVI) • Criteria 3: Critical Infrastructure - Medical Facilities, Youth Facilities, and City Services EVALUATION CRITERIA + MAPPING EXERCISES 1. Floodwater Inundation Pluvial Flood Depth 2. Land Use Characteristics Land Use Type Population Density Vulnerable Populations Social Vulnerability Index (SoVI) 3. Critical Infrastructure Medical Facilities Youth Facilities City Services =Priority Basins Analysis: Hazard Vulnerability Classification (HVC) Criteria 1: Floodwater Inundation Criteria 2: Land Use &Zoning Criteria 3: CriticalInfrastructure CRITERIA WORKSHOPS The prioritization process includes the identification and mapping of criteria for an evaluative comparison of Englewood’s basins. The development of evaluation criteria was conducted in coordination with City staff and MHFD over the course of three workshops: • Workshop #1 - February 7, 2023 - Pluvial Flood Depths, Land Use Patterns, Population Characteristics, and Critical Infrastructure • Workshop #2 - April 12, 2023 - Additional criteria development • Workshop #3 - July 11, 2023 - Hazard Vulnerability Classifications (HVCs) Zoning Type Pa g e 3 9 o f 3 7 6 98 Figure 5: Floodwater Inundation (0 to 1 feet)CRITERIA 1: FLOODWATER INUNDATION Pluvial Flood Depth Pluvial flood depth represents the severity of floodwater inundation and was identified through the City of Englewood Pluvial Flood Hazard Assessment, completed by Dewberry Engineers Inc (see Appendix A: Technical Memorandum on City of Englewood Pluvial Flood Hazard Assessment). This assessment modeled floodwater depth based on a 2-D pluvial model of the City of Englewood during a 100-year stormwater event. The following maps illustrate pluvial flood depth across the City of Englewood. 1. 0-1’ 2. 1-2.5’ 3. 2.5’ or greater Low Pluvial Flood Depth (under 1’) The lowest level of inundation in this study ranges from 0 to 1 feet of floodwater depth. This level of inundation generally collects along streets and waterways. As illustrated in Figure 5, this condition exists across the city. While this level of inundation does not indicate extreme risk of structural or property damage, it can be significant if homes or businesses are not floodproofed. Prolonged exposure to floodwater of any depth can inundate sub-surface spaces and enter window-wells and basements, which was the cause of the 2018 flooding death in South Englewood Basin. 100-Year Flood Depth 0-1.5’ Pa g e 4 0 o f 3 7 6 10 Figure 6: Floodwater Inundation (1 to 2.5 feet)Medium Pluvial Flood Depth (1-2.5’) Floodwater identified at depths of 1 to 2.5 feet typically collects along major waterways and open channels, such as Little Dry Creek, and spills into neighboring properties. Established detention ponds, such as Centennial Park, also hold this floodwater and slow the flow of water. Some of the difficulties associated with flood depths over 1’ foot are described below: 1. Disruption of Utilities: Shallow floods can still disrupt utilities such as water supply, sewage systems, and gas lines. 2. Transportation Challenges: Above 1’, roads can become impassable or hazardous, particularly in urban areas with poor drainage systems. Driving through flooded areas can damage vehicles, cause loss of control, or result in accidents 3. Evacuation Difficulties: Evacuation can be challenging, such as finding safe routes, dealing with traffic congestion, and limited time for preparation 100-Year Flood Depth 1-2.5’ Pa g e 4 1 o f 3 7 6 1110 Figure 7: Floodwater Inundation (over 2.5 feet)High Pluvial Flood Depth (over 2.5’) In most cases, floodwater identified at depths of 2.5 or more feet collects along major waterways, including the South Platte River, Little Dry Creek, and Big Dry Creek, and spills into adjacent streets and properties. Areas where floodwater spills and collects out of these waterways are of most concern. This level of floodwater inundation is most likely to pose structural risks to homes and risks to human health and safety. Additionally, disruption of utilities, transportation challenges, and evacuation difficulties may worsen. 100-Year Flood Depth over 2.5’ Flooding greater than 2.5’ Pa g e 4 2 o f 3 7 6 12 Figure 8: Highest Inundation BasinsHighest Inundation Basins Based on the pluvial modeling results of the combined floodwater depth, 0-1’, 1-2.5’, and greater than 2.5’, the basins with the highest inundation levels include Dry Gulch, Little Dry Creek, and South Englewood. The criteria of greater than 1’ of flood inundation depth was accepted for subsequent evaluation and overlay mapping in the prioritization process. Highest Inundation Basins The City of Englewood has invested 20 million dollars into stormwater improvements in the South Englewood Basin in 2023 and 2024 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ 100-Year Flood Depth 0-1.5’ Pa g e 4 3 o f 3 7 6 1312 Highest Inundation Basins Topography To better understand the flow of stormwater through the highest inundation basins, topography within these basins is described in the following pages. Dry Gulch Basin Topography Within the Dry Gulch Basin, the lowest topography lies in the northwest near Yale Ave, gradually rising to the southeast near Cherry Hills Village. Stormwater runs through the basin from the highest points in the southeast to the lowest points in the northwest as it finds its way toward the South Platte River. Figure 9: Dry Gulch Basin Topography 5,400’ 5,440’ 5,350’ 5,300’ Elevation Pa g e 4 4 o f 3 7 6 14 Little Dry Creek Basin Topography Within the Little Dry Creek Basin, the lowest topography lies in the northwest near CityCenter and follows the open portions of Little Dry Creek to the southeast. From the creek, topography rises towards the north near E Hampden Ave and to the south. Stormwater runs through the basin from the highest points in the northeast and south, into and along the open-channel creek, and to the lowest points in the northwest as it finds its way toward the South Platte River. Figure 10: Little Dry Creek Basin Topography 5,400’ 5,440’ 5,350’ 5,300’ Elevation Pa g e 4 5 o f 3 7 6 1514 South Englewood Basin Topography Within the South Englewood Basin, the lowest topography lies in the west, gradually rising eastward. Stormwater runs through the basin from the highest points in the east to the lowest points, west of S Santa Fe Dr, as it finds its way toward the South Platte River. Figure 11: South Englewood Basin Topography 5,400’ 5,440’ 5,350’ 5,300’ Elevation Pa g e 4 6 o f 3 7 6 16 CRITERIA 2: LAND USE & ZONING The consultant team examined land use categories across the City of Englewood in relationship to inundation depths greater than 1’. Zoning was used as a proxy for land use because the City of Englewood’s GIS data does not include existing land use at this time. The zone districts, representing Englewood’s distinct land use types, include residential (single-family and multi-family), commercial, and industrial. • 3% of land area is zoned commercial • 8% of land area is zoned industrial • 89% of land area is zoned residential The majority of land in the city is single-family residential, with pockets of multi-family residential. Industrial uses congregate along the South Platte River, and commercial uses follow along Broadway and make up Englewood’s CityCenter. Figure 12: Englewood Zoning Commercial Zoning Residential Zoning Industrial ZoningPa g e 4 7 o f 3 7 6 1716 Figure 13: Englewood Zoning with Flood Inundation DepthZoning Type Residential zoning and related land use occupies nearly 90% of land within the City of Englewood and overlays with significant inundation locations. Thus, residential is the highest priority land use type for the prioritization process. The consultant team may explore education/ funding opportunities to support property owners in commercial areas and the feasibility of flood hazard mitigation on industrial sites with hazardous materials in the future. 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Commercial Zoning Residential Zoning Industrial Zoning Hazardous Materials Site Pa g e 4 8 o f 3 7 6 18 Figure 14: Population Density by Census TractPopulation Density Because residential land use makes up the majority of Englewood and overlays with significant inundation locations, population characteristics are critical for establishing priority basins. High- density residential areas increase the potential for loss of life, damage to homes and businesses, disruptions in critical services, and recovery periods. By making improvements to these areas, investments can positively impact the greatest number of residents. Neighborhoods with the highest population densities and significant flood inundation locations are found in Englewood’s downtown (north of Hampden), extending from CityCenter to the Wellness District, and east of Broadway. Additionally, the City of Englewood experienced significant real estate investment in 2023, specifically in multi-unit residential developments in the Little Dry Creek Basin. These sites are anticipated to increase the population density where they are located. Highest Density (7,200-10,200) High Density (5,400-7,200) Medium Density (3,700-5,400) Low Density (2,800-3,700) Lowest Density (900-2,800) 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Pa g e 4 9 o f 3 7 6 1918 Vulnerable Populations The consultant team first evaluated vulnerable populations through three variables: low-income households, households spending 30% or more of their income on rent/mortgage (housing-burdened), and people of color. The data for this evaluation is from the American Community Survey (ACS) 2020. Low-Income Households Neighborhoods with the greatest number of low- income households are found in the northwest corner near Dartmouth, east of Broadway and north of Hampden, west of Broadway and north of Layton, and south of Belleview. Figure 15: Percentage of Low-Income Households by Census Tracts Figure 17: Percentage of Households Headed by People of Color by Census Tracts Figure 16: Percentage of Housing-Burdened Households by Census Tracts People of ColorHousing-Burdened Households 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ 15 - 30% 60 - 80% 45 - 60% 30 - 45% 0 - 15%Neighborhoods with the greatest number of housing- burdened households are found in the northwest corner south of Dartmouth, surrounding Santa Fe south of Dartmouth, north of Hampden on the eastern side of Broadway, west of Broadway and both north and south of Belleview. 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ 15 - 30% 60 - 74% 45 - 60% 30 - 45% 0 - 15%Neighborhoods with the greatest number of households headed by people of color are found in the northwest corner north of Dartmouth, west of Broadway between Oxford and Quincy, east of Federal, and south of Belleview near Broadway.100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ 15 - 30% 60 - 98% 45 - 60% 30 - 45% 0 - 15% Pa g e 5 0 o f 3 7 6 20 Figure 18: Composite of Highly Vulnerable Populations by Census TractCensus tracts with an overlap of a high percentage of households that are low-income, housing- burdened, and headed by people of color are illustrated in Figure 18. The majority of overlap in indicators occurs in the northwest corner, in Englewood’s downtown, and into the Wellness District by Hampden. Additional overlap is found to the south by Belleview. Neighborhoods with the greatest percentage of vulnerable households and significant flood inundation locations are found in the Wellness District near Hampden and west of Broadway near Layton. Highly Vulnerable Populations 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Pa g e 5 1 o f 3 7 6 2120 Figure 19: High SoVI by Census TractsSocial Vulnerability Index For the second iteration of vulnerability analysis, the consultant team mapped the Social Vulnerability Index (SoVI). The SoVI is a tool used by FEMA to assess and measure the vulnerability of populations in the face of natural or human- made disasters. SoVI incorporates around 30 different indicators to create a comprehensive picture of vulnerability. These indicators can include socioeconomic vulnerability, household composition and disability, minority status and language, housing and transportation, social capital and community support, etc. By combining and analyzing these indicators, the SoVI generates a composite map that highlights the highest vulnerable census tracts within a community. The majority of overlap in SoVI indicators occur in the central part of Downtown east of Broadway and into the Wellness District by Hampden. Additional overlap is found to the south by Belleview. The census tracts identified by the SoVI align with and support the consultant team’s previous vulnerability findings. SoVI Highest Vulnerability SoVI High Vulnerability 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Pa g e 5 2 o f 3 7 6 22 CRITERIA 3: CRITICAL INFRASTRUCTURE If critical facilities and services are located adjacent to high inundation areas, they may be compromised during a flood. The consultant team mapped the location of: 1. Medical facilities (nursing homes and hospitals) 2. Youth facilities (schools and daycares) 3. City services (emergency and police services) During community meetings following the flooding in 2018, community members expressed concerns regarding the breakdown of emergency services, utilities, and transportation. Figure 20: Critical Infrastructure Vulnerable Residential Population Flood Inundation over 1 ft. Watershed Basin Boundaries Medical Facilities Schools Emergency Services 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Medical Facilities Youth Facilities City Services Pa g e 5 3 o f 3 7 6 2322 Figure 21: Composite Evaluation Criteria Map Highest Inundation Basins PRIORITY RESULTS The highest level of intersection between inundation, population density, vulnerable populations, and critical infrastructure indicates the basins of greatest priority for the City of Englewood for future investment. These basins include: • Little Dry Creek • Dry Gulch • South Englewood Dry Gulch, Little Dry Creek, and South Englewood basins not only align with the highest inundation but also with high population density, vulnerable populations, and critical infrastructure. Vulnerable Residential Population Flood Inundation over 1 ft. Watershed Basin Boundaries Medical Facilities Schools Emergency Services Medical Facilities Youth Facilities City Services High Population Density (5,300-10,200) 100-Year Flood Depth over 2.5’ 100-Year Flood Depth 1-2.5’ Highly Vulnerable Populations Evaluation Criteria Pa g e 5 4 o f 3 7 6 24 FLOOD HAZARD VULNERABILITY CLASSIFICATIONS (HVCS) The consultant team evaluated Flood Hazard Vulnerability Classifications (HVCs) of structures within the Priortiy Basins to understand risks associated with floodwater discharge (see Appendix B: Dewberry Memorandum on City of Englewood Hazard Vulnerability Classification). Floodwater discharge is the product of velocity and depth, or the amount of water carried by a body of water per unit in time. HVCs, developed by UNSW Australia Water Research Laboratory, identify the risk posed to vehicles, people, and buildings when they encounter stormwater at various units of discharge. Figure 22 depicts the combined flood hazard curve and illustrates each HVC classification. The bottom left corner of the graph represents slow and shallow water (the lowest risk) while the top right corner represents fast and deep water (the highest risk). The lowest classifications, H1, H2, and H3, lie within lower water depths and slower velocities. H1 indicates the lowest level of stormwater that is generally safe for vehicles, people, and buildings. H2 indicates stormwater that is unsafe for small vehicles, and H3 indicates stormwater that is unsafe for vehicles, children, and the elderly. H4 lies within higher water depths that are unsafe for vehicles and people. H5 and H6 increase in both water depth and velocity. H5 indicates stormwater that is unsafe for vehicles and people, and buildings are vulnerable to structural damage, with a potential for failure. The highest classification, H6, indicates the highest level of risk, where vehicles and people are unsafe, and buildings are vulnerable to failure. Figure 22: Combined Flood Hazard Curve Slow & Deep Water Fast & Deep Water Fast & Shallow Water Slow & Shallow Water Velocity (ft/s) De p t h ( f t ) 0.0 0.0 1.0 2.0 3.0 4.0 5.0 0.5 1.5 2.5 3.5 4.5 1.0 2.0 3.0 4.0 5.0 Pa g e 5 5 o f 3 7 6 2524 The HVC evaluation identified the distinct number of structures at risk during major flood events. Figure 23 highlights structures that fell within the H3, H4, and H5 categories within the Priority Basins. Little Dry Creek Basin Based on initial findings, the consultant team and MHFD conducted a hydrology study for Little Dry Creek to better understand potential flood depths associated with the pluvial model. The hydrology study became the basis for the HVC evaluation in Little Dry Creek, which identified 11 structures at risk during the 100-year event. Dry Gulch Basin The pluvial model previously completed for the Dry Gulch Basin was used by the consultant team to analyze the HVCs within the Dry Gulch Basin. The outcome of the HVC analysis indicates that there are 63 structures at risk during the 100- year event, 8 of which fall within the H4 and H5 categories. Based on these results, the consultant team began exploring possible alternatives to mitigate inundation and alleviate risk to structures. South Englewood Basin Following the completion of the 2-D modeling and inundation assessment, the City of Englewood implemented drainage improvements in the South Englewood Basin. Subsequently, the consultant team re-ran the model and evaluated HVCs for the South Englewood Basin. This evaluation did not result in significant changes in the number of structures at risk in the basin during the 100- year event. The HVC evaluation indicates that 72 structures remain at risk in South Englewood during the 100-year event. MEMORANDUM Memorandum | 4 of 5 Table 2: Structures at Risk Identified in Each Basin Basin/Event H3 H4 H5 Figure Location Little Dry Creek (100-year) 9 2 0 Attachment B Figure 1 Dry Gulch (10-year) 18 0 0 Attachment B Figure 2 Dry Gulch (25-year) 25 1 0 Attachment B Figure 3 Dry Gulch (100-year) 55 6 2 Attachment B Figure 4 South Englewood (10-year) 19 0 0 Attachment B Figure 5 South Englewood (25-year) 24 2 0 Attachment B Figure 6 South Englewood (100-year) 70 2 0 Attachment B Figure 7 South Englewood with Pipes (10-year) 16 0 0 Attachment C Figure 1 South Englewood with Pipes (25-year) 19 1 0 Attachment C Figure 2 Pipe Assumptions and Error Corrections As previously mentioned, the rasters used to calculate the HVC map with pipes needed a larger grid size due to model stability limitations. The larger grid size during the South Englewood scenario with pipes resulted in minor gaps and less accurate HVC positioning. To account for these possible errors due to grid size difference, if depths were minorly greater between the original South Englewood model and the South Englewood HVC maps modeled with pipes those areas were manually removed. Below, Snippet 1 shows a section of the error area in red for the 10-year storm for the South Englewood model with pipes. These areas were removed from the results and replaced with the original South Englewood HVC data for that scenario created. Snippet 1: HVC Error Due to Pipe Network Modeling Figure 23: Structures at Risk Identified in Each Basin Figure 23 depicts the structures within each Priority Basin that have been identified as an H3, H4, and H5 category at the 100-year, 25-year, and 10-year events (see Appendix B: Dew- berry Memorandum on City of Englewood Hazard Vulnerability Classification. Dewberry report results may vary from other previous City studies due to differences in methodologies.) *Note that the level of detail and analysis methods used in this study differ from the detailed hydraulic design analysis done with the construction of the City’s drainage improvements (prepared by Ulteig). Therefore, results are different between the Ulteig analysis and this study. For example, the Ulteig anal- ysis concluded that the storm drainage improvements recommended in the study removed all structures from the 25-year event. Further evaluation of these differences in studies will be conducted in 2025. * Pa g e 5 6 o f 3 7 6 26 RECOMMENDATIONS While flood concerns exist across the City of Englewood, this study utilized inundation patterns, evaluation criteria, and HVCs to identify critical flood risks within the City. This study identified three distinct drainage basins for prioritized future investment. The following recommendations are organized by Priority Basin, while recommendations 2–5 on the following page are city-wide recommendations. Little Dry Creek Basin 1. Map the 100–year flood event based on updated hydrology 2. Identify the number of properties within the floodplain 3. Continue to regulate future development based on Best Available Information 4. Increase public safety and awareness of flood risk 5. MHFD and City of Englewood will discuss a path forward including the evaluation of alternatives to decrease and address new peak flows. Consider alternative to address the 25–year storm event (prioritize H3 and H4 structures) and include options for the box culvert. 6. Identify future CIP and set aside funding Dry Gulch Basin 1. Map the FEMA floodplain as defined in previous studies 2. Identify the number of properties within the floodplain 3. Continue to regulate future development based on Best Available Information 4. Increase public safety and awareness of flood risk 5. MHFD and City of Englewood will select a consultant in 2024 to evaluate alternatives for improvements to address a 25–year storm event (prioritize H3, H4, and H5 structures) 6. In 2025, begin alternatives and conceptual design. Potential concepts may include: • Detention within Packy Romans Park in coordination with the Englewood Parks Department • Detention in Wellshire Golf Course as recommended in the Englewood Major Drainageway Plan South Englewood Basin 1. Map the 100–year flood event 2. Identify number of properties within the floodplain 3. Continue to regulate future development based on Best Available Information 4. Increase public safety and awareness of flood risk 5. MHFD and City of Englewood will select a consultant in 2025 to evaluate the differences between the detailed hydraulic storm drain evaluation (prepared by Ulteig) and the results of this study. If needed, the consultant will prepare alternatives for additional improvements to address a 25-year storm event (prioritize H3 and H4 structures) 6. In 2025, if needed, begin alternatives and conceptual design with a focus on upstream of Rotolo Park and confirmation of whether 25-year capacity has been achieved through previous investments Recommendation 1: Implement Next Steps for Priority Basins The following next steps are recommended for the Little Dry Creek, Dry Gulch, and South Englewood Basins: Pa g e 5 7 o f 3 7 6 2726 Recommendation 2: Assign HVCs to Roadways & Crossings City-Wide Conduct an HVC evaluation, similar to the HVC structure evaluation, for roadways and crossings. Recommendation 4: Strengthen Multi-Agency Coordination Strengthen multi-agency coordination to explore mechanisms for improving city-wide stormwater infrastructure in coordination with other investments in the City of Englewood. Recommendation 3: Complete City-Wide GIS Stormwater Inventory Assessment Strengthen Community Awareness Develop an educational picture of flooding and its associated risk within the City of Englewood and design an approach to outreach and communication that integrates City Council through breifings and correspondence and raises awareness among the general public. Increased awareness and community understanding of flood risk helps residents protect their life, health, safety, and property. Transparent dialogue and education about flood risk increases the community’s ability to respond and adapt to flood conditions, increasing neighborhood resilience. Identify Educational Strategies Identify and implement educational strategies in the community to increase neighborhood resilience and protect life, health, safety, and property. Additionally, continue working with the City Stormwater Education and Awareness Campaign. Recommendation 5: Develop a City-Wide Education Program A city-wide education program should include the following: Floodproofing residential and business properties is a critical educational strategy Pa g e 5 8 o f 3 7 6 28 APPENDICES Appendix A: Dewberry Technical Memorandum on City of Englewood Pluvial Flood Hazard Assessment Appendix B: Dewberry Memorandum on City of Englewood Hazard Vulnerability Classification Appendix C: Englewood Stormwater Workshop #1 Meeting Minutes Appendix D: Englewood Stormwater Workshop #2 Meeting Minutes Appendix E: Englewood Stormwater Workshop #3 Meeting Minutes Appendix F: LDC Hydrology & Englewood MDP Review Meeting Minutes Pa g e 5 9 o f 3 7 6 292829 APPENDIX A: DEWBERRY TECHNICAL MEMORANDUM ON CITY OF ENGLEWOOD PLUVIAL FLOOD HAZARD ASSESSMENT Pa g e 6 0 o f 3 7 6 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 1 of 12 Date: September 23, 2022 To: Jon Villines, PE From: Danny Elsner, PE, CFM; Haley Heinemann, PE, CFM Subject: City of Englewood Pluvial Flood Hazard Assessment Introduction This technical memorandum documents the pluvial flood hazard assessment performed for approximately 11 square miles of area in and adjacent to Englewood, Colorado. The study area encompasses the major drainage basins tributary to Englewood, which are depicted in Figure 1: Englewood Drainage Basins (Attachment 1). Purpose and Scope of Study The risk presented by pluvial flooding has emerged as a critical issue in urban water management in recent years. In 2019, the National Association of Flood & Stormwater Management Agencies (NAFSMA) recognized that “non-riverine flooding (pluvial flooding) has not been adequately identified through technical modeling, mapping, or other techniques used in riverine risk identification, so the individuals living and engaging in urban areas are not aware of the flood potential” (NASFMA Position on Urban Flooding, December 4, 2019). The City of Englewood is one such community that has experienced pluvial flooding in various locations throughout the years. In support of a concurrent Major Drainageway Plan (MDP) for the City of Englewood, Dewberry has partnered with the MHFD to assess the pluvial flood hazard in Englewood using a 2D rain-on-grid model. The result of the modeling is qualitative pluvial flood hazard mapping, which can be used to identify areas, buildings, and/or population groups that are particularly at risk for flooding. This methodology is a great project discovery or base level engineering (BLE) tool, which provides information that can be used to inform the proposed capital improvement projects and their prioritization in the Englewood MDP. Englewood Stormwater Studies Portions of the City have been studied by previous stormwater studies that were used as references for the analysis. The most relevant studies are: • Hazen and Sawyer. City of Englewood Stormwater System Master Plan. 2020. • Calibre Engineering. City of Englewood Floodproofing Study & Outfall Systems Plan Update. 2018-2019. • Moser & Associates Engineering. Analysis and Alternatives Evaluation of the Acoma Street Drainage Problem. 2002. • Muller Engineering. Stormwater Sewer Report. 1999. Page 61 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 2 of 12 • Turner Collie & Braden, Inc. City of Englewood Outfall Systems Alternatives Evaluation Report. 1999. • Turner Collie & Braden, Inc. City of Englewood Probable Areas Affected by Flooding from the 100-year Storm. 1998. • Sellards & Grigg Consulting Engineers. Englewood Storm Drainage Plan. 1971. • Ripple and Howe, Inc. Consulting Engineers. Proposed Drainage Plan for Englewood, Colorado Engineer’s Preliminary Report. 1955. • RESPEC. Big Dry Creek Downstream of County Line Road Flood Hazard Area Delineation Report. Sponsored by City of Englewood, Urban Drainage and Flood Control District, et. al. February 2018. • WRC Engineering. Little Dry Creek (ARAPCO) Watershed Downstream Portions Major Drainageway Planning Phase – B Preliminary Design Report. Sponsored by Urban Drainage and Flood Control District, et. al. August 2004. *Downstream limit at Clarkson Street • Matrix Design Group. Harvard Gulch and Dry Gulch Major Drainageway Plan Report. Sponsored by City of Englewood, Urban Drainage and Flood Control District, et. al. December 2016. • Denver Public Works. City and County of Denver Storm Drainage Master Plan. September 2014. Rain-on-Grid 2D Modeling Methodology Rain-on-grid modeling involves the application of rainfall to all cells in a 2D model, upon which runoff is routed through the hydraulic model itself. Advantages of this approach include the identification of basin transfers, definition of flow behavior, and identification of problem areas for further investigation. This analysis was completed in the horizontal spatial reference system Colorado State Plane Central, North American Horizontal Datum 1983 (NAD83), and the vertical reference system North American Vertical Datum of 1988 (NAVD88). Hydrology Baseline Hydrology from the ongoing Englewood MDP was adopted for the 2D rain-on-grid. The MDP hydrology was created using the Colorado Urban Hydrograph Procedure (CUHP) 2005 version 2.0.1 for the future conditions land use. Additional hydrology was needed for basins outside the scope of the MDP, including Big Dry Creek, Little Dry Creek, Dry Gulch, and West Harvard Gulch. CUHP hydrology was created or adopted/updated from previous MDPs for the additional drainage areas. All hydrology calculations were ultimately completed using the latest version of CUHP and NOAA Atlas 14 rainfall data. Figure 2: Limits of Hydrology by Study shows the extents of the hydrology for the MDP and pluvial hazard analysis (Attachment 2). *Ulteig. City of Englewood – Acoma St. Area Drainage Study. August 2020 *Ulteig study has been added to this memo as part of this study TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 2 of 12 • Turner Collie & Braden, Inc. City of Englewood Outfall Systems Alternatives Evaluation Report. 1999. • Turner Collie & Braden, Inc. City of Englewood Probable Areas Affected by Flooding from the 100-year Storm. 1998. • Sellards & Grigg Consulting Engineers. Englewood Storm Drainage Plan. 1971. • Ripple and Howe, Inc. Consulting Engineers. Proposed Drainage Plan for Englewood, Colorado Engineer’s Preliminary Report. 1955. • RESPEC. Big Dry Creek Downstream of County Line Road Flood Hazard Area Delineation Report. Sponsored by City of Englewood, Urban Drainage and Flood Control District, et. al. February 2018. • WRC Engineering. Little Dry Creek (ARAPCO) Watershed Downstream Portions Major Drainageway Planning Phase – B Preliminary Design Report. Sponsored by Urban Drainage and Flood Control District, et. al. August 2004. *Downstream limit at Clarkson Street • Matrix Design Group. Harvard Gulch and Dry Gulch Major Drainageway Plan Report. Sponsored by City of Englewood, Urban Drainage and Flood Control District, et. al. December 2016. • Denver Public Works. City and County of Denver Storm Drainage Master Plan. September 2014. Rain-on-Grid 2D Modeling Methodology Rain-on-grid modeling involves the application of rainfall to all cells in a 2D model, upon which runoff is routed through the hydraulic model itself. Advantages of this approach include the identification of basin transfers, definition of flow behavior, and identification of problem areas for further investigation. This analysis was completed in the horizontal spatial reference system Colorado State Plane Central, North American Horizontal Datum 1983 (NAD83), and the vertical reference system North American Vertical Datum of 1988 (NAVD88). Hydrology Baseline Hydrology from the ongoing Englewood MDP was adopted for the 2D rain-on-grid. The MDP hydrology was created using the Colorado Urban Hydrograph Procedure (CUHP) 2005 version 2.0.1 for the future conditions land use. Additional hydrology was needed for basins outside the scope of the MDP, including Big Dry Creek, Little Dry Creek, Dry Gulch, and West Harvard Gulch. CUHP hydrology was created or adopted/updated from previous MDPs for the additional drainage areas. All hydrology calculations were ultimately completed using the latest version of CUHP and NOAA Atlas 14 rainfall data. Figure 2: Limits of Hydrology by Study shows the extents of the hydrology for the MDP and pluvial hazard analysis (Attachment 2). Page 62 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 3 of 12 Soil and Topography The 2013 Denver Regional Council of Governments (DRCOG) LiDAR dataset was provided by the MHFD for the entire study area. The LiDAR was processed into a 1-ft resolution DEM using natural neighbor interpolation. No thinning was used to improve DEM resolution in areas of interest, such as curb and gutters or cross-pans. Soil data used in the study is based on the Soil Survey Geographic database (SSURGO) maintained by the Natural Resources Conservation Service. Subbasins Subbasins were delineated using the 1-ft DEM created from the 2013 DRCOG LiDAR. Subbasins adopted from the 2016 Harvard Gulch MDP and Big Dry Creek 2018 FHAD reports were confirmed against the 2013 topography. Area outside of the City was added as needed to capture all overland runoff tributary to the City of Englewood. Impervious Cover The 2018 DRCOG planimetric dataset, supplemented with the 2019 NLCD Imperviousness data layer, was used to calculate the percentage of impervious cover for each subbasin. The planimetric dataset was acquired by DRCOG as part of the Regional Planimetric Data Project, which uses high-resolution imagery from the Denver Regional Aerial Photography Project (DRAPP) as a reference to digitize features of the built environment. The following features were used: building roofprints, edge of pavement, parking lots, sidewalks, and driveways. The impervious data was supplemented by an alley paving dataset provided by Englewood, which captures long-term efforts to pave the remaining 37.4 miles of unpaved alleys in the City. The final combined dataset represents future conditions land use. Rainfall Data Rainfall data was based on the 1-hour and 6-hour rainfall depths for the 100-year storm event published in Table 5 of the Englewood Storm Drainage Criteria Manual (February 2020), shown below. The CUHP 2.0.1 was used to estimate rainfall losses and determine excess precipitation resulting from a uniform, 100-year precipitation event occurring over each subbasin. A statistical analysis was performed on the subbasin hyetographs to define low, medium, and high bins of excess precipitation. It was determined an average hyetograph could be used for the entire City rather than applying several subbasin curves to the model. Sensitivity analyses using averaged and unique hydrographs confirmed this approach. Note that this assumption was valid for the high level of this study but may not be appropriate for other studies looking for greater detail. Page 63 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 4 of 12 Hydraulics The hydraulic analysis was performed using the United States Army Corps of Engineers (USACE) Hydraulic Engineering Center’s River Analysis System (HEC-RAS), version 6.0.0. 2D Flow Areas The hydraulic model utilizes 2013 DRCOG LiDAR topography provided by the MHFD to create a 2D computational mesh. The elevation data is based on the NAVD88 vertical datum. The model covers the extents of the City plus areas whose direct overland flow enters the City. The model is a decoupled pluvial model such that base flows for Little Dry Creek, Big Dry Creek, and West Harvard Gulch were not added to the model to isolate pluvial flood risk from riverine issues. Mesh – Development of the 2D mesh is a balance between model accuracy and model run time. Too coarse of a mesh won’t yield meaningful results and too fine of a mesh could require unrealistic runtimes or exaggerate basin flashiness. For this project, preliminary computational meshes with a 50-foot cell size and a 12-foot cell size were generated. The meshes were then refined to a 24-foot cell size based on the terrain, Courant Values, and run times. Breaklines – The 2D mesh was reviewed and refined with breaklines to better reflect flow constrictions caused by significant topographic or hydraulic features. Breaklines were added to represent major stream centerlines, road embankments, and secondary hydraulic controls. The density of breaklines was balanced with the cell size of the mesh. Structures – No burnlines or internal 2D area connectors were used to represent existing hydraulic structures. Structures were not represented in the 2D meshes because the focus of this study is pluvial flooding only and the hydraulic impact of the structures along the streams was not large enough to cause ponding at buildings upstream of embankments. If the scope of the models were later redefined, structures could be added to better represent the simulation of flow along open channels and/or riverine inflows could be added. Unsteady Flow Data Boundary Conditions The “normal depth” option was used as the downstream boundary condition for the 2D flow area and placed far enough downstream to prevent stability impacts in the area of interest. A precipitation boundary condition was used to apply the excess precipitation hyetograph for the watershed. Land Cover Values Roughness polygons were created based on aerial imagery and the 2018 DRCOG planimetric dataset. Manning’s n values were assigned based on guidance for Shallow Flow Conditions 2D modeling in the FLO-2D manual and the Australian Rainfall and Runoff Revision Project 15: Two Dimensional Modelling in Urban and Rural Floodplains report, by Engineers Australia, published November 2012. The Manning’s n values were then adjusted in increments of +/- 10% to calibrate the model relative to anticipated maximum velocities of gutter flow. Building footprints were represented by using increased Manning’s n Page 64 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 5 of 12 values. It was decided that elevated terrain was not justified for use with the rain-on-grid methodology. The selection of Manning’s n values was also greatly impacted by the current non-depth-variable limitations in HEC-RAS. Future versions of the software will allow for 2D depth-based variability at which point these values could be modified accordingly. The table below lists the final Manning’s n values. Landuse Manning’s n Water Bodies 0.03 Driveways 0.04 Parking 0.04 Paved Corridor 0.04 Sidewalks 0.04 Open Space 0.05 Mixed Median 0.056 Mixed Parking 0.056 Unpaved Corridor 0.063 Remaining/ Mixed Use 0.07 Roofprints 10 HEC-RAS Model Simulation An unsteady, Diffusion Wave simulation was used. The simulation time window was sufficiently extended to ensure the peak was captured and passed. The computational interval was initially set to 5 minutes and adjusted as needed to ensure the modeling results were stable, the Courant Number was reasonable, and that no unreasonable water surface elevation errors were present. The velocity modeling results were reviewed for excessive velocities over 10 ft/s and low velocities that may indicate artificial flow barriers. Storm Sewer Reduction No approximation of storm sewer capacity is included in the modeling because the local storm sewer is generally sized to handle smaller events, such as the 2-year and 5-year, and several of the overland flow paths do not follow storm sewer alignments. As a result, existing storm sewer has a minimal effect on a major rainfall event like the 100-year storm. Furthermore, rain-on-grid modeling inherently experiences some loss of volume in low spots across the terrain and adding abstraction losses on top of this could result in underestimating flow and areas of inundation. In the future, areas of interest could be further investigated by reviewing the size and location of existing storm sewer segments with larger capacity relative to deeper areas of inundation. This could be done using the MDP SWMM model or with local calculations. For larger storm sewer, it may be reasonable to adjust map depths to account for the system’s capacity. Page 65 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 6 of 12 Flood Hazard Mapping The results of this analysis depict an approximation of pluvial flooding across the City of Englewood. Due to the natural topography and built-out nature of the study area, a significant amount of overland flow travels through residential and commercial areas. This study does not account for storm sewer capacities and assumes that all excess rainfall contributes to localized ponding or overland flow. These hazard maps are not intended to delineate the exact limits or depths of a traditional 100-year floodplain but to highlight areas of higher anticipated pluvial flood risk in relation to existing infrastructure and development. The anticipate limits of inundation for the 100-year storm are shown on Figure 3: 100-yr Approximate Limits of Inundation (Attachment 3). Due to the inherent nature of rain-on-grid modeling, the raw maximum flooding output extends across the entire 2D flow area from initial point of rainfall to final time of concentration. Therefore, a depth query eliminating water depths below 3 inches was applied to improve visualization of concentrated flowpaths and areas of interest. Flood depths are shown in 0.5 foot increments up to 2.5 feet. Limits of the 2011 Harvard Gulch and Dry Gulch Flood Hazard Delineation and major storm sewer mains are shown on the hazard maps for reference only. Model Validation Model results were validated by comparing limits of probable inundation and accumulated stormwater volumes at select locations against previous studies and anecdotal information. Dry Gulch FHAD (2017) The approximated limits of inundation were compared with the effective Dry Gulch floodplain from the Harvard Gulch and Dry Gulch Flood Hazard Area Delineation by Matrix Design Group, published in February 2017. The 2017 FHAD was completed using traditional HEC-RAS 1D informed by Flo2D in some locations. Despite the high-level nature of this study, the limits of inundation are very similar to the effective 100-yr floodplain. Accumulated stormwater volumes compared at select locations indicate the rain-on-grid modeling is within an acceptable tolerance. Total volumes in the rain-on-grid model are typically less than those reported in the FHAD SWMM model due to secondary flow paths and pooling that isn’t accounted for in a FHAD. These results indicate that high-level 2D rain-on-grid modeling may be an appropriate first step for other new study areas in the District where complicated overland flowpaths occur or where the current study is significantly outdated. This methodology can also supplement already studied basins by helping them identify localized flooding. For example, the pluvial model identified an off- floodplain area of probable inundation near E. Bates Avenue and S. Downing Street along the historic floodplain of Dry Gulch (shown below) that could warrant further investigation. Page 66 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 7 of 12 Figure 1 Pluvial Model Results Compared to 2017 Dry Gulch FHAD Calibre OSP Update (2018-2019) The 2018-2019 Calibre 2D hydraulic models utilized the same 2013 LiDAR and a similar planimetric dataset (2014) including roadways, parking lots, driveways, sidewalks and roofprints for Manning’s n polygons. Calibre’s modeling used boundary conditions inserted at select locations to represent flow hydrographs, which were adjusted to account for the conveyance capacity of the existing subsurface storm sewer system. The limits of inundation are largely similar to the Calibre limits, providing further validation of the 2D rain-on-grid results and the assumption that the storm sewer has minimal effect on the 100-year limits of inundation. If terrain data is available for the extents of a study area, 2D rain-on-grid gives a better “snap-shot” of the whole watershed and eliminates the need for engineering judgement that risks missing areas of interest. Citizen Flooding Survey In conjunction with the 2018-2019 OSP update, Calibre conducted a survey of residents to quantify and identify local flood problems. The approximate limits of inundation were compared to the catalog of approximately 50 flooding locations. The resident-reported flooding correlates with the pluvial model results in reference to location and approximate magnitude of flooding depth. This provides further validation of this study’s results. Locations of resident-reported flooding are shown for reference on Figure 3. For additional details on the resident survey, see Calibre’s electronic report here: https://www.calibre- engineering.com/cityofenglewoodoutfallsystemsplan. Page 67 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 8 of 12 Homeowner Documentation MHFD provided photos from a homeowner who recorded flood depths in their garage over the past decade, see Figure 2 below. The homeowner lives near S. Ogden Street and E. Cornell Avenue. The homeowner reported flooding occurred at depths of 18 inches, 21 inches, and 32 inches in three separate events. While there are no recurrence intervals associated with the events in these pictures, the model results do show flooding at the location of the home where they were taken. The house is on the fringe of the major flow path of flood water from the south to the north, shown in Figure 3 below. There is water in the alley behind the house and at the garage up to 11 inches for the 100-year storm event, which is considered comparable given the low-detailed LiDAR used for the modeling, which would likely underestimate depths in locations where true grade is likely lower than what LiDAR can capture. Figure 2 Homeowner Flood Photos Study Limitations and Lessons Learned This study was completed at planning level of detail. Used on its own, this analysis does not paint a complete picture of the stormwater management issues in the watershed. Rather, multiple tools are needed to perform a comprehensive risk analysis. The results of this study are not intended to accurately define floodplain inundation area or depths for a specific storm event, but instead to highlight areas of elevated flood risk resulting from pluvial sources. Some noteworthy limitations of this methodology are listed below: • This analysis is a supplemental product which was completed to provide a coarse, high-level understanding of overland flow in the City of Englewood. The results provide a reasonable indication of areas of interest to be studied further, and a good starting point for risk assessment across several areas in need of prioritization. This analysis does not replace conventional stormwater master plans and design studies, but instead supplements them by identifying flooding areas missed inside the basins and/or large deviations in overland flowpaths versus storm sewer alignments or routing assumptions. The results of this analysis also create the data necessary to inform a social vulnerability index (SOVI) assessment, if so desired. Page 68 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 9 of 12 • Storm sewers were not included in the rain-on-grid models, nor were abstractions estimated by subtracting depth from inputs or outputs. This hazard analysis is not currently suited to design level standards such as storm sewer sizing or depth-based floodproofing for smaller storm events. For studies in which 2-year to 5-year storm drain is influential, then software adequately capable of modeling both should be used (e.g. Flo2D, SWMM). • Model elements that could be considered to increase the resolution of the modeling include: account for large storm sewer infrastructure, introduce fluvial hydrographs to create a combined single-source model, add major culverts or bridges via hydroenforcement or structures, correct areas of significant terrain ponding and micro-storage, integrate channel bathymetry if available, consider use of full momentum equations, consider incorporation of regional detention ponds rating curves, collect additional information to conduct further model calibration. • As an emerging science, there is presently little technical guidance or standards for urban rain- on-grid studies. As a result, several assumptions were required for the completion of this study. As the rain-on-grid methodology continues to advance and best practices are developed, the level of detail and foundational assumptions used in this study should be revisited. As described above, some aspects of the models were assigned using best engineering judgement: • Manning’s n values – Limited guidance is available regarding roughness values appropriate for 2D modeling in all scenarios. Future versions of HEC-RAS will incorporate 2D depth-variability, which is especially important in areas simulating shallow flooding. • Excess rainfall – Excess rainfall hyetographs developed in CUHP were averaged into one curve and applied city-wide to simplify model complexity and reduce runtimes. Future studies looking for more accurate flood depths or peak flows may want to consider applying unique hyetographs to a subset of sub-basins or calibrating rainfall abstractions relative to volume loss across the terrain. • Storm sewer abstraction – It was assumed that the underground drainage system would have a minimal impact on a major storm event, which far exceeds the design capacity of the system. The efficacy of such an assumption will need to be reviewed as more standards are defined. Next Steps It is believed that this type of base-level flood hazard assessment clarifies the characteristics of overland flow and identifies locations of urban flooding that might otherwise be missed by a traditional MDP or FHAD. As such, the additional data offered by this study can enhance flood mitigation improvements in the District. Other tasks could include the following: • Further analysis of the local deficiencies identified by the pluvial analysis. For example, detailed analysis of lateral storm sewer lines not captured by the MDP SWMM model or comparison with ongoing capital improvement projects. • Identification of any locations where existing or planned storm sewer capacity would be significant enough to lower the risk of inundation enough to change the size and/or prioritization of a project at that location. Storm sewer abstraction could be approximated at a large scale in HEC-RAS via simple depth reduction (assuming velocities in the storm and road are relatively the same) or by reducing the input hyetograph by an estimated capacity of the storm sewer (either on a single or Page 69 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 10 of 12 watershed basis). The incorporation of a pluvial flood hazard assessment into the traditional MDP could provide a more comprehensive understanding of pluvial flooding issues that need to be explored further. Based on our current study and the steps above, we recommend the following future MDP process: 1. Develop basin hydrology at a watershed or sub-basin resolution, depending on the level of detail required by the study. 2. Create 2D rain-on-grid model. 3. Generate inundation heat mapping to identify areas of concern. 4. Review with project stakeholders; select areas for validation. 5. Update MDP SWMM models if rain-on-grid results suggest a routing change is needed. (Ex. basin transfers) 6. Create more-detailed storm sewer models and/or perform secondary trunk line and street capacity calculations to validate areas of concern. Capital Improvement Projects The results of this study can also be used on a case-by-case basis to inform other stormwater projects. Two stormwater projects are ongoing within the City: 1. Preliminary analysis was underway for the South Englewood Flood Reduction Project, with construction expected to begin sometime in 2022. The project will address localized flooding in the South Englewood basin caused by bottlenecks in the existing storm sewer system during major rain events near Rotolo Park and E Oxford Avenue. The project is being designed to manage flows from a storm event that has a 4% chance of occurring in any given year, also called a 25-year storm. The planned system enhancements are to: a. Address a system bottleneck at Rotolo Park with larger outlet piping, allowing more runoff to drain from Rotolo Park and the upper South Englewood Storm Drainage basin areas. b. Construct a new stormwater detention pond downstream of Rotolo Park, allowing more runoff to drain from the South Englewood Drainage Basin and be temporarily stored without building a larger, costly outfall pipe to the South Platte River. The results of this study could be shared with HDR to inform localized inlet and minor storm system locations for their project. Page 70 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 11 of 12 2. The Acoma Street Area Drainage Study was completed by Ulteig in the Fall of 2020, which recommended several storm sewer and inlet improvements for immediate modification within the South Englewood basin from approximately E Chenango Avenue to E Stanford Avenue on both sides of S Broadway. Bids were received on May 18, 2021 to construct the improvements in Priority areas 1, 2 and 3 as outlined in the Ulteig report. Below is the project prioritization map by Ulteig, with and without the pluvial limits of inundation overlayed. As can be seen in the figures, the projects are primarily focused along the southern flowpath despite the large amount of flow coming from the northern-running flowpath. Therefore, the Duncan Park underground detention may warrant a higher priority. Other aspects of the proposed improvements could be reviewed in comparison to the pluvial flood hazard assessment to confirm or rebut the proposed improvements. Figure 3 Ulteig Project Prioritization Page 71 of 376 TECHNICAL MEMORANDUM Englewood Pluvial Flood Hazard | 12 of 12 Figure 4 Ulteig Project Prioritization with Pluvial Model Results Attachments 1. Figure 1: Englewood Drainage Basins 2. Figure 2: Limits of Hydrology by Study 3. Figure 3: 100-yr Approximate Limits of Inundation Page 72 of 376 Bear Creek West Harvard Gulch Harvard Gulch Big DryCreek Litt l e D r y C r e e k DryGulch College View Basin Ruby Hill Basin Yale Avenue Basin North-Central Englewood Basin Central Englewood Basin South-Central Englewood Basin South Englewood Basin Federal Boulevard BasinBow Mar Basin Centennial Basin Ar a p a h o e Ar a p a h o e Co u n t y Co u n t y De n v e r De n v e r Co u n t y Co u n t y South Platte River Dartmouth Avenue Basin Bi-City Treatment Plant Basin South w e s t Green b e l t Centennial Park Basin Union Ave Basin (West) Dartmouth Industrial Basin Hig h l i n e C a n a l Dar t m o u t h D i t c h City D i t c h MHFD Boundary Project Area CITY OF ENGLEWOOD MAJOR DRAINAGEWAY PLAN FIGURE 1 CITY DRAINAGE BASINS Horizontal Datum: NAD 1983 CO State Plane Central (US Feet) Aeiral Imagery: Esri World Light Gray Canvas Base Map 0 0.50.25 Miles 1 inch = 0.5 miles LEGEND Open Channel Pipe City of Englewood Boundary Ditches/Canals Existing Light Rail Line ¯Pa g e 7 3 o f 3 7 6 Dartmouth Ditch Bear Creek DryGulch Harvard Gulch LittleDryCreek BigDry Cree k So uth Platte River S o u t h Platte River BR O A D W A Y SA N T A F E D R EVANS AVE LO W E L L B L V D YALE AVE FE D E R A L B L V D ZU N I S T HAMPDEN AVE BELLEVIEW PL BELLEVIEW AVE CL A R K S O N S T DO W N I N G S T Bi-City Treatment Plant Big Dry Creek Bow Mar Centennial Centennial Park Central Englewood College View Dartmouth AvenueDartmouth Industrial Dry Gulch Evans Avenue Federal Boulevard Little Dry Creek North-Central Englewood South-Central Englewood South Englewood Union Avenue(West) West HarvardGulch Yale Avenue Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community FIGURE 2 LIMITS OF HYDROLOGY BY STUDY ° 1 inch = 0.75 miles Project: Englewood BLE Pluvial Flood Hazard Analysis Map Date: 5/18/2022 Open Channel Pipe Study Englewood MDP Pluvial Hazard Page 74 of 376 ( ( ( ( ( ( ( ( ( ( ( ( (( ( ( ( ( ( ( ( ( ( Bear Creek West Harvar d G u l c h Harvard Gulch Little D r y C r e e k DryGulch Evans Avenue Basin West Harvard Gulch Basin College View Basin Yale Avenue Basin North-Central Englewood Basin Dry Gulch Basin Little Dry Creek BasinSouth-Central Englewood Basin Central Englewood Basin W DARTMOUTH AVE Colorado Heights University Harvard Gulch Park Cherry Hills Country Club S S A N T A F E D R Broken Tee Golf Course Bates-Logan Park Englewood City Center S B R O A D W A Y S C L A R K S O N S T Dartmouth Industrial Basin Dartmouth Ave Basin E OXFORD AVE A r a p a h o e C o u n t y A r a p a h o e C o u n t y D e n v e r C o u n t yD e n v e r C o u n t y W OXFORD AVE S F E D E R A L B L V D E HAMPDEN AVE S S A N T A F E D R S U N I V E R S I T Y B L V D E DARTMOUTH AVE E YALE AVE S Z U N I S T E EVANS AVE S B R O AD W A Y Sout h P l a t t e R i v e r 42 ' ' 1 8 ' ' 54'' 4' ' 24 ' ' 60'' 84'' 92'' 33'' 24 ' ' 54'' 30 ' ' 27 ' ' 42'' 66'' 72''36'' 48 ' ' 27 ' ' 24'' 60'' 24'' 36'' 48 ' ' 60 ' ' 48 ' ' 36 ' ' 72'' 42' ' 36 ' ' 27'' 36'' 27 ' ' 24 ' ' 72 ' ' 48'' 30 ' ' 30 ' ' 48'' 30 ' ' 66 ' ' 27'' 30''30'' 66 ' ' 36 ' ' 42'' 36 ' ' 30 ' ' 33'' 30'' 24'' 24 ' ' 42'' 36'' 30 ' ' 30 ' ' 66 ' ' 30'' 27'' 72'' 30'' 36''36'' 36'' 72 ' ' 27'' 66 ' ' 54'' 48'' 30 ' ' 33'' 39 ' ' 42'' 78'' 80'' 36'' 42'' 66 ' ' 36'' 48'' 48 ' ' 36''36 ' ' 36 ' ' 54'' 36 ' ' 54'' 3 0 ' ' 30'' 66'' CITY OF ENGLEWOOD PLUVIAL FLOOD HAZARD ANALYSIS100-YR APPROX. LIMITS OF INUNDATION SHEET 1 FIGURE 3 Resident Reported Flooding Legend Englewood Storm Mains Denver Storm Mains Littleton Storm Mains Max. Flood Depth (feet) 0.1 - 0.5 0.5 - 1.0 1.0 - 1.5 1.5 - 2.0 2.0 - 2.5 Note: Storm sewers shown reflect City GIS data and are not all confirmed accurate. Storm sewers are shown for reference only and were not used for model abstraction. Open Channel City of Englewood Boundary Basin > 2.5 1 inch = 1/3 mile Miles 0 11/3 2/3 ¯(Reported Flooding Dry Gulch 100-yr Floodplain Pa g e 7 5 o f 3 7 6 ( ( ( ( (( ( (( ( (( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( Bear Creek B i g D ry Creek Little D r y C r e e k A r a p a h o e C o u n t y A r a p a h o e C o u n t y D e n v e r C o u n t y D e n v e r C o u n t y Bow Mar Basin Federal Boulevard Basin Centennial Basin Big Dry Creek Basin SouthPlatteRiver South Englewood Basin Little Dry Creek BasinSouth-Central Englewood Basin Central Englewood Basin Bow Mar Lake Marston Reservoir Centennial Park S B R O A D W A Y W LITTLETON BLVD Cornerstone Park Rotolo Park Cherry Hills Country Club S S A N T A F E D R Broken Tee Golf Course Englewood City Center S B R O A D W A Y S C L A R K S O N S T Union Avenue (West) Basin E OXFORD AVEW OXFORD AVE S F E D E R A L B L V D S L O W E L L B L V D S U N I V E R S I T Y B L V D S S H E R I D A N B L V D S C L A R K S O N S T W QUINCY AVE S S A N T A F E D R 54' ' 48'' 60'' 33'' 36 ' ' 42'' 54'' 42'' 36 ' ' 33'' 36'' 48 ' ' 36'' 48'' 36 ' ' 33'' 33' ' 3 6 ' ' 36'' 36 ' ' 54 ' ' 92'' 54'' 84 ' ' 48'' 22 ' ' 76''30'' 24''33'' 36'' 26 ' ' 66''72'' 42 ' ' 27 ' ' 60'' 36'' 66'' 36'' 48 ' ' 84'' 76'' 36 ' ' 33 ' '48'' 36'' 60'' 48 ' ' 36 ' ' 60'' 24'' 42'' 54'' 36'' 26''22'' 33'' 84 ' ' 27''30 ' ' 54'' 42'' 42'' 30 ' ' 24 ' ' 36 ' ' 48'' 48'' 24 ' ' 36'' 30 ' ' 30 ' ' 30'' 36 ' ' 27'' 42 ' ' 42'' 36'' 30''27'' 36''23''x14'' 48''36 ' ' 36'' 66 ' ' 30'' CITY OF ENGLEWOOD PLUVIAL FLOOD HAZARD ANALYSIS100-YR APPROX. LIMITS OF INUNDATION SHEET 2 FIGURE 3 Resident Reported Flooding Legend Englewood Storm Mains Denver Storm Mains Littleton Storm Mains Max. Flood Depth (feet) 0.1 - 0.5 0.5 - 1.0 1.0 - 1.5 1.5 - 2.0 2.0 - 2.5 Note: Storm sewers shown reflect City GIS data and are not all confirmed accurate. Storm sewers are shown for reference only and were not used for model abstraction. Open Channel City of Englewood Boundary Basin > 2.5 1 inch = 1/3 mile Miles 0 11/3 2/3 ¯(Reported Flooding Dry Gulch 100-yr Floodplain Pa g e 7 6 o f 3 7 6 46 APPENDIX B: DEWBERRY MEMORANDUM ON CITY OF ENGLEWOOD HAZARD VULNERABILITY CLASSIFICATION 46 Pa g e 7 7 o f 3 7 6 4646 MEMORANDUM Memorandum | 1 of 5 Date: December 11, 2023 To: Jon Villines, Mile High Flood District Jeff Battiste, Mile High Flood District From: E. Danny Elsner, P.E., CFM, Dewberry Engineers Subject: City of Englewood Hazard Vulnerability Classification Summary: The City of Englewood has experienced pluvial flooding (overland flooding along streets instead of within channels or rivers) in various locations over the years. The severity of the flooding is a serious threat and has caused a death in a residential structure. The City of Englewood (COE) has studied their watersheds within their boundary, gathering the peak flows along each reach and possible solutions to handle the 100- year event. However, these improvements for the 100-year event were cost prohibitive and a short-term intermediate solution is needed. This memorandum identifies the 25-year hazard vulnerability classification (HVC) as an alternative benchmark to develop options for an intermediate solution. This approach was initiated by the Mile High Flood District (MHFD) and COE who hired OV Consulting and Dewberry to help find an appropriate method to identify the most urgent needs and understand what improvements could be implemented to mitigate these while funding became available for the ultimate 100- year solution. OV Consulting led a discussion with the stakeholders above on February 7, April 12, and July 11, 2023, to understand the COE concerns and help identify watersheds that should be the initial focus. This memorandum will become an appendix of the OV memorandum that defines the process of choosing three watersheds based on multiple criteria. The watersheds were Little Dry Creek, South Englewood, and Dry Gulch. To develop an alternative benchmark that can help inform intermediate solutions, this technical memorandum is provided to present the use of pluvial flood modeling for multiple events (expanding the previously completed pluvial flooding for the COE for the 100-year event) and then calculating the hazard vulnerability classifications (HVC), which identifies the rate of severity of a structure within a floodplain for people and property. HVC classifications allow for the identification of risk to people and property, giving direction on which areas critically need improvements. To identify risk in the stakeholder agreed upon watersheds, HVC modeling was performed for 100-year event for Little Dry Creek and at the 10-,25-, and 100-year events for South Englewood and Dry Gulch. The pluvial flooding was also supplemented with recent pipe improvements by the COE for South Englewood to see if their inclusion helped reduce the risk on any structures. To summarize this, the process involved analyzing the maximum velocity (Vmax), maximum depth (Dmax), and the product of both (Vmax x Dmax) along a 2D grid of the basin for each cell, comparing against criteria, and classifying at the corresponding HVC level. (Note: This memorandum is not intended to serve as a design report, although the following pages do provide technical information on various aspects of the process. For final recommendation, see Conclusion.) Hazard Vulnerability Classification Concept The 2022 State of New South Wales (NSW) and Department of Planning and Environment’s Flood Hazard Flood Risk Management Guide FB03 (Attachment A) was integrated to develop the flood risk map for homes in Englewood. The guidelines followed from the NSW study were converted to imperial units as summarized in Table 1. Upon reviewing the criteria for each hazard classification and with discussion with the stakeholders, focus was narrowed to risk levels of H3 and above when identifying residential homes. See Table 1 for a HVC summary. Page 78 of 376 MEMORANDUM Memorandum | 2 of 5 Table 1: Hazard Vulnerability Thresholds Classification Limits Hazard Vulnerability Classification Description Limiting Velocity (𝑽𝑽𝑽𝑽) 𝒇𝒇𝒇𝒇𝒇𝒇𝒇𝒇/𝒔𝒔𝒔𝒔 Limiting Still Water Depth (𝐃𝐃𝐃𝐃) 𝒇𝒇𝒇𝒇𝒇𝒇𝒇𝒇 Classification Limit (𝐃𝐃𝐃𝐃𝐃𝐃𝐃𝐃𝐃) 𝒇𝒇𝒇𝒇𝒇𝒇𝒇𝒇𝟐𝟐𝟐𝟐/𝒔𝒔𝒔𝒔 H1 Generally safe for vehicles, people, and buildings. 6.56 0.98 D 𝐃V ≤3.23 H2 Unsafe for small vehicles. 6.56 1.64 D 𝐃V ≤6.46 H3 Unsafe for vehicles and children and the elderly. 6.56 3.94 D 𝐃V ≤6.46 H4 Unsafe for vehicles and people. 6.56 6.56 D 𝐃V ≤10.76 H5 Unsafe for vehicles and people. All buildings vulnerable to structural damage. Some less robust buildings subject to failure 13.12 13.12 D 𝐃V ≤43.06 H6 Unsafe for vehicles and people. All building types considered vulnerable to failure. - - D 𝐃V>43.06 HEC-RAS Rain-on-Grid Model To model the HVC across Englewood, modeling of the pluvial flooding regarding the velocity, depth, and classification limit (depth multiplied by velocity) were modeled utilizing HEC-RAS 6.1. These simulations for the 10-year, 25-year, and 100-year storm events were completed. The models were created with rainfall intensities and boundary conditions on a 2D mesh area with a small, precise grid size for each basin of concern. The overland flow rain-on-grid simulation resulted in separate rasters for depth, velocity, and depth multiplied by velocity. These rasters were then used within ArcGIS Pro 3.1.3, and raster calculations were made to find the HVC for each simulation. Modeling analysis was completed in horizontal spatial reference system Colorado State Plane Central, North American Horizontal Datum 1983 (NAD83), and the vertical reference system North American Vertical Datum of 1988 (NAVD88). City of Englewood Pluvial Flood Hazard Assessment Technical Memorandum (2022) As discussed in the City of Englewood Pluvial Flood Hazard Assessment Technical Memorandum, by Dewberry Engineers dated September 23, 2022, a 2D rain-on-grid model was used to identify areas, buildings, and population groups at risk of flooding. Previous studies performed in Englewood were utilized for analysis. LiDAR was at 1 ft resolution with no thinning, to improve quality to show gutters and cross pans visibility. Area outside of city was added to capture overland runoff but was visually removed for clarity for the HVC modeling. For the model grid size, the goal was to use the smallest allowable mesh size that would still have appropriate accuracy and would be within the continuity appropriate through HEC-RAS. The initial 2022 study used 24’ x 24’ cell size. Our models, except those within South Englewood that had additional pipe capacity, continued with this cell size. For modeling with pipes, the grid size was increased iteratively to maintain model stability. The initial 2022 study used HEC-RAS break lines to balance the size of the mesh. Therein, unsteady diffusion wave simulation was used, the simulation time was extended to ensure peak was captured and passed, and the velocity modeling results were reviewed for excessive velocities over 10ft/s and low velocities that may indicate artificial flow barriers. Our supplemental models followed this same technique. The South Englewood model with additional pipe capacity, due to stability issues, added one trunk line at a time and was run after the addition of each 2D Culvert connection. If the model turned unstable due to Page 79 of 376 MEMORANDUM Memorandum | 3 of 5 this additional pipe, the mesh size was adjusted until the model remained stable. This process was completed for all 5 pipes. The final mesh size of 50ft cells was run for each storm event. Dry Gulch FHAD (2017) The approximate limits of inundation from the pluvial analysis described above were compared with the effective Dry Gulch floodplain from the Harvard Gulch and Dry Gulch Flood Hazard Area Delineation by Matrix Design Group, published in February 2017. The 2017 FHAD was completed using HEC-RAS 1D informed by Flo2D in some locations. Despite the high-level nature of this HVC study, the limits of inundation are very similar to the effective 100-year floodplain. Accumulated stormwater volumes compared at select locations indicate the rain-on-grid modeling is within an acceptable tolerance. Total volumes in the rain-on- grid model are typically less than those reported in the FHAD SWMM model due to secondary flow paths and pooling that isn’t accounted for in a FHAD. These results indicate that high-level 2D rain-on-grid modeling may be an appropriate first step for other new study areas in the MHFD where complicated overland flowpaths occur or where the current study is significantly outdated. This methodology can also supplement already-studied basins by helping them identify localized flooding. Rainfall Variations Rainfall data was based on the 1-hour and 6-hour rainfall depths for the 100-year storm event published in Table 5 of the Englewood Storm Drainage Criteria Manual (February 2020). CUHP 2.0.1 was used to estimate rainfall losses and determine excess precipitation resulting from a uniform, 100-year precipitation event occurring over each subbasin. A statistical analysis was performed on the subbasin hyetographs to define low, medium, and high bins of excess precipitation. It was determined an average hyetograph could be used for the entire COE rather than applying several subbasin curves to the model. Sensitivity analyses using averaged and unique hydrographs confirmed this approach. Note that this assumption was valid for the high level of this study but may not be appropriate for other studies. HEC-RAS Modeling Incorporating Pipe Network To incorporate the pipe network impact into the HEC-RAS modeling, adjustments were made to the modeling process. Due to modeling instability, the 2D mesh grid size was increased to include pipes, thus making the model less accurate by thinning data areas and creating zones with no data. To model the pipes, topography modifications were performed for each pipe. Pipes were modeled with terrain sinks so the model would flow utilizing the real pipe invert elevations. Dramatic drops in the terrain elevation were input for inlets and outlets, like modeling a manhole. SA/2D connections were used to transport flow from one place to another using the culvert routing to account for energy grid and friction, as linear routing would have instantaneous pulls of flows that would not accurately represent time of travel. Hazard Vulnerability Classification Modeling Process Hazard vulnerability classification model was completed utilizing the depth, velocity, and depth multiplied by velocity rasters that were output from HEC-RAS for each storm condition. Ranks were created based upon the limits in Table 1. The rasters were reclassified into groupings of Vmax, Dmax, and Vmax x Dmax based upon the limits of each HVC class and combinations of values resulted in the HVC raster for each classification ranging from H1 to H6. Please refer to Attachment B – HVC Figures for exhibits depicting the HVC mapping for each storm condition. Identified Structures of Concern After creating the HVC map and importing building planimetrics from the COE, the zonal statistics tool was operated to flag insurable structures in flood risk areas of H3 and above. Homes that were flagged for multiple flood hazard zones were adjusted to be marked only as the highest flood hazard risk identified. This was done by removing overlapping polygons with priority to the higher ranks using the clip tool. These flagged homes are visible in Attachment B – HVC Figures. Table 2 displays the number of residential structures identified in each hazard vulnerability classification. Page 80 of 376 MEMORANDUM Memorandum | 4 of 5 Table 2: Structures at Risk Identified in Each Basin Basin/Event H3 H4 H5 Figure Location Little Dry Creek (100-year) 9 2 0 Attachment B Figure 1 Dry Gulch (10-year) 18 0 0 Attachment B Figure 2 Dry Gulch (25-year) 25 1 0 Attachment B Figure 3 Dry Gulch (100-year) 55 6 2 Attachment B Figure 4 South Englewood (10-year) 19 0 0 Attachment B Figure 5 South Englewood (25-year) 24 2 0 Attachment B Figure 6 South Englewood (100-year) 70 2 0 Attachment B Figure 7 South Englewood with Pipes (10-year) 16 0 0 Attachment C Figure 1 South Englewood with Pipes (25-year) 19 1 0 Attachment C Figure 2 Pipe Assumptions and Error Corrections As previously mentioned, the rasters used to calculate the HVC map with pipes needed a larger grid size due to model stability limitations. The larger grid size during the South Englewood scenario with pipes resulted in minor gaps and less accurate HVC positioning. To account for these possible errors due to grid size difference, if depths were minorly greater between the original South Englewood model and the South Englewood HVC maps modeled with pipes those areas were manually removed. Below, Snippet 1 shows a section of the error area in red for the 10-year storm for the South Englewood model with pipes. These areas were removed from the results and replaced with the original South Englewood HVC data for that scenario created. Snippet 1: HVC Error Due to Pipe Network Modeling Page 81 of 376 MEMORANDUM Memorandum | 5 of 5 To account for the difference in mesh size and the possible variations caused by it in South Englewood, an analysis of the homes flagged across HVC levels was performed by comparing the maps with and without pipes and confirming no additional homes were flagged on the model with pipes. Any additional homes on the model with pipes were removed, and any higher HVC ranked homes were lowered to match the HVC ranking from the model without pipes. Conclusion The City of Englewood has multiple areas that need improvements and prioritizing improvements is key in helping use public dollars effectively. Understanding that the 100-year solutions identified in previous studies are not easily implemented due to size and cost, a phased solution is most appropriate. The recent recommendation by Dewberry is to implement improvements in the three watersheds identified by OV Consulting’s memo (Little Dry Creek, Dry Gulch, and South Englewood). The goal is to remove all structures during the 25-year event from being an HVC 3 level as a first step to improve infrastructure in areas that have the highest risk and need. There are multiple structures that are at risk (HVC 3 or greater) during the minor 25-year event, shown in Table 2 and Appendices B and C. Recent improvements in South Englewood provided benefits for minor events, but these improvements were unable to remove most of the structures within HVC 3 or greater in these basins for the 10- and 25-year event. A focus on improvements within these basins to remove any structure from HVC 3 level or greater during the 25-year event is Dewberry’s recommendation as the next step for the City of Englewood. Any recommendations made for these areas should be compared to the 100-year solution provided in previous study to understand the difference in price for the 25-year/HVC 3 recommendation versus the ultimate 100-year/no structures in the floodplain recommendation, as the 100-year event is the eventual goal of the COE. Sincerely, E. Danny Elsner, P.E., CFM Water Resources Department Manager Dewberry Engineers Attachments: 1. Attachment A - 2022 State of New South Wales and Department of Planning and Environment’s Flood Hazard Flood Risk Management Guide FB03 2. Attachment B – HVC Figures 3. Attachment C – HVC Modeled with Pipe Network 4. Attachment D – S Acoma Street Drainage Area Improvements PH 2 Final Plans Page 82 of 376 Attachment A 2022 State of New South Wales and Department of Planning and Environment’s Flood Hazard Flood Risk Management Guide FB03 Page 83 of 376 Department of Planning and Environment Flood Hazard Flood Risk Management Guide FB03 environment.nsw.gov.au Page 84 of 376 © 2022 State of NSW and Department of Planning and Environment With the exception of photographs, the State of NSW and Department of Planning and Environment are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs. The Department of Planning and Environment (DPE) has compiled this report in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. DPE shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. Readers should seek appropriate advice when applying the information to their specific needs. All content in this publication is owned by DPE and is protected by Crown Copyright, unless credited otherwise. It is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0), subject to the exemptions contained in the licence. The legal code for the licence is available at Creative Commons. DPE asserts the right to be attributed as author of the original material in the following manner: © State of New South Wales and Department of Planning and Environment 2022. Cover photo: Aerial photos of flood. Tweed Shire Council Published by: Environment, Energy and Science Department of Planning and Environment Locked Bag 5022, Parramatta NSW 2124 Phone: +61 2 9995 5000 (switchboard) Phone: 1300 361 967 (Environment, Energy and Science enquiries) TTY users: phone 133 677, then ask for 1300 361 967 Speak and listen users: phone 1300 555 727, then ask for 1300 361 967 Email: info@environment.nsw.gov.au Website: www.environment.nsw.gov.au Report pollution and environmental incidents Environment Line: 131 555 (NSW only) or info@environment.nsw.gov.au See also www.environment.nsw.gov.au ISBN 978-1-922767-33-2 EES 2022/0059 February 2022 Find out more about your environment at: www.environment.nsw.gov.au Page 85 of 376 iii Contents 1. Introduction 1 1.1 Relationship to the manual and guides 1 1.2 Audience 1 2. Uses of flood hazard information 2 3. Flood hazard thresholds 3 4. Flood hazard categorisation 6 5. References 9 Page 86 of 376 iv List of tables Table 1 Combined hazard curves – vulnerability thresholds 4 List of figures Figure 1 General flood hazard vulnerability curve 3 Figure 2 Thresholds for the stability of people in floods 4 Figure 3 Thresholds for vehicle stability in floods 5 Figure 4 Thresholds for building stability in floods 5 Figure 5 Example of flood hazard for categories H1 to H6, for a broad floodplain 7 Figure 6 Example of flood hazard for categories H1, combined H2 to H4, and H5 and H6, for a local area 8 Page 87 of 376 Flood Hazard 1 1. Introduction Floods create hazardous conditions to which humans are particularly vulnerable. Flood hazard is typically defined as a product of the depth and velocity of floodwaters. Fast-flowing shallow water or deep water (even when flowing slowly) can unbalance people and vehicles and sweep them away. Similarly, floodwater and debris can undermine structures or damage or destroy structural and non-structural elements of buildings and infrastructure and affect contents. Hazardous flood conditions can exist without a flood risk. If floodplains were unoccupied and unused, flooding would still be hazardous but would not create a risk to the community. It is the human interaction with flooding that creates risk. Exposure can lead to the potential loss of life, injury, buildings and infrastructure failure and economic loss in future floods. The degree of hazard varies with the severity of flooding and with flood extent, time and location. Understanding this is important to understanding and managing flood risk. This guide provides: • advice on uses of flood hazard information (Section 2) • advice on flood hazard thresholds (Section 3) • information on flood hazard categorisation of the floodplain based on the combination of flood velocity and depth (Section 4). 1.1 Relationship to the manual and guides This guide builds on the advice provided in the NSW Flood Risk Management Manual (the manual) (DPE EES 2022b). It supports councils in their role in delivery of the Flood Prone Land Policy (the policy) (DPE EES 2022a) through the flood risk management (FRM) framework and FRM process outlined in the manual. This guide refers to other FRM tools and guides, lead state agencies and relevant legislation. Details on these are provided in the FRM Administration Arrangements guide (FRM AG01) (DPE EES 2022c). It draws on the Australian Institute for Disaster Resilience (AIDR) Guideline 7-3: Flood Hazard (AIDR 2017b) that supports AIDR Handbook 7: Managing the floodplain (AIDR 2017a), and the associated background work outlined in Smith, Davey and Cox 2014. For more information on terms used in this guide refer to the manual and FRM Guide AG01. 1.2 Audience This guide is written to support local council staff, state agencies and their consultants in understanding and managing flood risk to local communities. Page 88 of 376 Flood Hazard 2 2. Uses of flood hazard information Flood hazard needs to be understood for the full range of flood events (up to and including extreme events such as the probable maximum flood (PMF)). Flood hazard categorisation (Figure 1 and Table 1) provides information on the varying scale of flood hazard to people, vehicles and buildings. Understanding the potential variation in flood hazard with flood extent, time, location and between events is needed to effectively consider flood hazard in decision-making. An understanding of the variation in flood hazard can support: • understanding of flood risk (FRM Guide FB01). Flood hazard as defined by a combination of flow depth and velocity can influence flood risk; however, additional factors also influence flood risk, as outlined in FRM Guide FB01. Flood hazard (along with other factors that influence flood risk outlined in FRM Guide FB01) can also influence decisions on managing flood risk. This includes the types of mitigation measures suitable to manage risks in different areas of the floodplain • management of flood hazard. In certain circumstances it is possible to modify flood hazard; for example, by modifying flood depth by filling of the floodplain. This may reduce hazard in the location of the works; however, as discussed in FRM Guide FB02, filling in floodways (including flowpaths) and flood storage areas can have adverse impacts on flood behaviour and the flood functions of flow conveyance and flood storage. This can lead to adverse impacts on the community. In addition, filling to reduce hazard is generally less likely to be practical as the degree of flood hazard increases; for example, it is less likely to be practical in H6 and H5 areas relative to H4 areas (see Figure 1) • flood emergency management (EM) planning (see FRM Guides FB01 and EM01). Flood hazard categorisation can provide an indication of hazardous conditions to people (Figure 2), vehicles (Figure 3) and buildings (Figure 4), which can assist in EM planning and inform the subsequent development of local flood plans • land-use planning (see FRM Guide FB01). Flood hazard is an important constraint to consider in relation to making decisions to develop land. Information on the varying degree of flood hazard to people, vehicles and buildings on land and how this varies across the floodplain and between floods of different magnitudes is one component that can inform the setting of strategic land-use directions for a community, and development conditions • development controls relating to people safely traversing floodwaters. Figure 1 provides a threshold for limiting depths for the stability of capable adults to be able to stand in controlled flow conditions in a laboratory. These thresholds do not identify the maximum wading depths for people to traverse floodwaters to safety. Decisions relating to thresholds for acceptable flood depths for wading need to consider the following factors that will reduce these thresholds: o the varying capability and age of users. Figure 2 provides an understanding of the variation between capable adults and children o the varying conditions that people may need to traverse to safety such as flood waters that are turbulent or opaque obscuring the ground surface, uneven ground, trip hazards including debris moved by flood waters o the potential for water flowing from local catchments in areas where water may appear relatively still. Flood Hazard 2 2. Uses of flood hazard information Flood hazard needs to be understood for the full range of flood events (up to and including extreme events such as the probable maximum flood (PMF)). Flood hazard categorisation (Figure 1 and Table 1) provides information on the varying scale of flood hazard to people, vehicles and buildings. Understanding the potential variation in flood hazard with flood extent, time, location and between events is needed to effectively consider flood hazard in decision-making. An understanding of the variation in flood hazard can support: • understanding of flood risk (FRM Guide FB01). Flood hazard as defined by a combination of flow depth and velocity can influence flood risk; however, additional factors also influence flood risk, as outlined in FRM Guide FB01. Flood hazard (along with other factors that influence flood risk outlined in FRM Guide FB01) can also influence decisions on managing flood risk. This includes the types of mitigation measures suitable to manage risks in different areas of the floodplain • management of flood hazard. In certain circumstances it is possible to modify flood hazard; for example, by modifying flood depth by filling of the floodplain. This may reduce hazard in the location of the works; however, as discussed in FRM Guide FB02, filling in floodways (including flowpaths) and flood storage areas can have adverse impacts on flood behaviour and the flood functions of flow conveyance and flood storage. This can lead to adverse impacts on the community. In addition, filling to reduce hazard is generally less likely to be practical as the degree of flood hazard increases; for example, it is less likely to be practical in H6 and H5 areas relative to H4 areas (see Figure 1) • flood emergency management (EM) planning (see FRM Guides FB01 and EM01). Flood hazard categorisation can provide an indication of hazardous conditions to people (Figure 2), vehicles (Figure 3) and buildings (Figure 4), which can assist in EM planning and inform the subsequent development of local flood plans • land-use planning (see FRM Guide FB01). Flood hazard is an important constraint to consider in relation to making decisions to develop land. Information on the varying degree of flood hazard to people, vehicles and buildings on land and how this varies across the floodplain and between floods of different magnitudes is one component that can inform the setting of strategic land-use directions for a community, and development conditions • development controls relating to people safely traversing floodwaters. Figure 1 provides a threshold for limiting depths for the stability of capable adults to be able to stand in controlled flow conditions in a laboratory. These thresholds do not identify the maximum wading depths for people to traverse floodwaters to safety. Decisions relating to thresholds for acceptable flood depths for wading need to consider the following factors that will reduce these thresholds: o the varying capability and age of users. Figure 2 provides an understanding of the variation between capable adults and children o the varying conditions that people may need to traverse to safety such as flood waters that are turbulent or opaque obscuring the ground surface, uneven ground, trip hazards including debris moved by flood waters o the potential for water flowing from local catchments in areas where water may appear relatively still. Page 89 of 376 Flood Hazard 3 3. Flood hazard thresholds The relative vulnerability of the community and its built assets to flood hazard can be assessed by using flood depth and velocity thresholds. The thresholds are related to the stability of both people and vehicles in flood waters, and to buildings affected by flooding. These thresholds have been derived in research (discussed in Smith, Davey & Cox 2014), with later work on full-scale testing of vehicle floatation (Smith, Modra & Felder 2019) supporting the findings of this work. Figure 1 and Table 1 identify thresholds that enable categorisation of flood hazard across the floodplain and for flood events of different scales using information readily derived from hydraulic models into six (6) categories. These are H1 to H6, which range from least to most hazardous conditions. Figure 2 presents separate curves of thresholds for the stability of people. Figure 3 and Figure 4 provide separate curves for vehicles and buildings, which may be useful when looking at these individual aspects more closely. Categories H1 to H4 are equivalent to low hazard and H5 to H6 equivalent to high hazard in the 2005 Floodplain Development Manual. Figure 1 General flood hazard vulnerability curve Source: Figure 6 AIDR 2017b Page 90 of 376 Flood Hazard 4 Table 1 Combined hazard curves – vulnerability thresholds Hazard vulnerability classification Description Classification limit (D and V in combination) m2/s Limiting still water depth (D) m Limiting velocity (V) m/s H1 Generally safe for vehicles, people and buildings D*V ≤ 0.3 0.3 2.0 H2 Unsafe for small vehicles D*V ≤ 0.6 0.5 2.0 H3 Unsafe for vehicles, children and the elderly D*V ≤ 0.6 1.2 2.0 H4 Unsafe for vehicles and people D*V ≤ 1.0 2.0 2.0 H5 Unsafe for vehicles and people. All building types vulnerable to structural damage. Some less robust building types vulnerable to failure D*V ≤ 4.0 4.0 4.0 H6 Unsafe for vehicles and people. All building types considered vulnerable to failure D*V > 4.0 – – Figure 2 Thresholds for the stability of people in floods Notes: 1. Source: Figure 8 AIDR 2017b; modelled after Cox, Shand and Blacka (2010) 2. D.V = depth x velocity Page 91 of 376 Flood Hazard 5 Figure 3 Thresholds for vehicle stability in floods Source: Figure 9 AIDR 2017b; modelled after Shand et al. (2011) Figure 4 Thresholds for building stability in floods Source: Figure 10 ADR 2017b; modelled after Smith, Davey and Cox (2014) Page 92 of 376 Flood Hazard 6 4. Flood hazard categorisation Flood hazard is generally quantified in flood studies and updated as necessary in FRM studies. This enables hazard information to be available in decision-making, including being used in understanding flood constraints on land (including developing flood planning constraint categories) as outlined in FRM Guide FB01 from the flood study onwards. Flood hazard categorisation is generally undertaken for a range of flood events. As a minimum it would be undertaken for the defined flood event (DFE), and a more frequent and rarer flood, (such as the 5% annual exceedance probability (AEP) and 0.2% AEP floods, where the 1% AEP is used as the DFE), as well as for the PMF or a similar extreme flood. This provides a clear understanding of how hazard changes between events relevant in FRM so this can inform decision-making. Flood hazard categorisation may be presented as either: • categories H1 to H6 as shown in the example in Figure 5. This allows for clear delineation between hazards to different elements • H1, combined H2 to H4, and H5 and H6. H2 to H4 may be able to be grouped together, as shown in the localised example in Figure 6. Grouping H2 to H4 can identify where the focus of management would be primarily on hazards to people and vehicles with structural damage to buildings likely to be limited. However, it does not provide the same degree of information for EM purposes. Hazard areas H5 and H6 are identified separately, given their high consequences for people and varying consequence and management approaches for building structures. Without modification of flood hazard as discussed in Section 2 and in the following points: o buildings in areas of H5 hazard with standard building controls are more likely to have structural damage. Building requirements in these areas may include a range of additional structural building and foundation controls o buildings in areas of H6 hazard with standard building controls are more likely to fail structurally. Therefore, this is an area where careful consideration is required before deciding to place new buildings. If a decision were made to allow new building in these areas, building requirements would include a range of additional structural building and foundation controls. In H5 and H6 hazard areas the hazardous conditions to users of structures need to be carefully considered and may lead to decisions to limit development or the type of development permissible in these areas. This should consider other risk factors as discussed in FRM Guide FB01. Page 93 of 376 Flood Hazard 7 Figure 5 Example of flood hazard for categories H1 to H6, for a broad floodplain Source: Figure 2 AIDR 2017b Pa g e 9 4 o f 3 7 6 Flood Hazard 8 Figure 6 Example of flood hazard for categories H1, combined H2 to H4, and H5 and H6, for a local area Source: Figure A6 AIDR 2017bPa g e 9 5 o f 3 7 6 Flood Hazard 9 5. References Australian Institute for Disaster Resilience (AIDR) 2017a, Australian Disaster Resilience Handbook 7 Managing the Floodplain: A Guide to Best Practice in Flood Risk Management in Australia, Australian Institute for Disaster Resilience, East Melbourne. Australian Institute for Disaster Resilience (AIDR) 2017b, Australian Disaster Resilience Guideline 7-3: Flood hazard, Australian Institute for Disaster Resilience, East Melbourne. Cox RJ, Shand TD and Blacka MJ 2010, Australian Rainfall and Runoff Revision Project 10: Appropriate safety criteria for people, Stage 1 report P10/S1/006, prepared by the Water Research Laboratory, University of New South Wales, Sydney. Department of Planning and Environment (Environment, Energy and Science Division), (DPE EES) 2022a, NSW Flood Risk Management Manual: The management of flood liable land, NSW Department of Planning and Environment (Environment, Energy and Science Division), Sydney. Department of Planning and Environment (Environment, Energy and Science Division), (DPE EES) 2022b, Flood Risk Management Guide: Administration Arrangements, NSW Department of Planning and Environment (Environment, Energy and Science Division), Sydney. Department of Planning and Environment (Environment, Energy and Science Division), (DPE EES) 2022c, Flood Risk Management Guide: Administration Arrangements, (AG01), NSW Department of Planning and Environment (Environment, Energy and Science Division), Sydney. Shand TD, Cox RJ, Blacka MJ and Smith GP 2011, Australian Rainfall and Runoff Revision Project 10: Appropriate safety criteria for vehicles – literature review, Stage 2 report P10/S2/020, prepared by the Water Research Laboratory, University of New South Wales, Sydney. Smith GP, Davey EK and Cox RJ 2014, Flood hazard, Technical report 2014/07, Water Research Laboratory, University of New South Wales, Sydney. Smith GP, Modra BD and Felder S 2019, Full-scale testing of stability curves for vehicles in flood waters, J Flood Risk Management, 2019, e12527, doi.org/10.1111/jfr3.12527. Page 96 of 376 Attachment B HVC Figures Page 97 of 376 Pa g e 9 8 o f 3 7 6 Pa g e 9 9 o f 3 7 6 Pa g e 1 0 0 o f 3 7 6 Pa g e 1 0 1 o f 3 7 6 Pa g e 1 0 2 o f 3 7 6 Pa g e 1 0 3 o f 3 7 6 Pa g e 1 0 4 o f 3 7 6 Attachment C HVC Modeled with Pipe Network Page 105 of 376 Pa g e 1 0 6 o f 3 7 6 Pa g e 1 0 7 o f 3 7 6 Attachment D S Acoma Street Drainage Area Improvements PH 2 Final Plans Page 108 of 376 1600'0'800'400' VICINITY MAP CITY OF ENGLEWOOD COLORADO S ACOMA STREET DRAINAGE AREA IMPROVEMENTS PH 2 ULTEIG PROJECT NUMBER: 20.00611 SEPTEMBER 15, 2021 FINAL PLAN SET PROJECT ENGINEER ULTEIG 5575 DTC Parkway, Suite 200 Greenwood Village, CO 80111 720.873.5700 CONTACT: Luke Arnold, P.E. OWNER CITY OF ENGLEWOOD, CO 1000 Englewood Parkway Englewood, CO 80110 CONTACT: Tim Hoos S B R O A D W A Y W LAYTON AVE W UNION AVE W CHENANGO AVE S L I N C O L N S T S S H E R M A N S T S D E L A W A R E S T S G R A N T S T W GRAND AVE W TUFTS AVE Deputy Director – Engineering and Asset Management September 30, 2021 29 TYPE 1 ADA RAMP DETAIL 30 LAYTON AND LINCOLN ADA RAMP DETAIL 31 LAYTON AND SHERMAN ADA RAMP DETAIL Pa g e 1 0 9 o f 3 7 6 Pa g e 1 1 0 o f 3 7 6 Pa g e 1 1 1 o f 3 7 6 1+ 0 0 2+ 0 0 3+ 0 0 4+ 0 0 5+ 0 0 6+ 0 0 7+ 0 0 8+ 0 0 8+ 5 2 1+00 2+00 3+00 4+00 4+60 1+00 2+00 2+71 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 8+45 200'0'100'50' S LINCOLN ST E U N I O N A V E SHEET 7 &15 E L A Y T O N A V E S BROADWAY E SHERMAN ST SHEET 7, 16 & 17 SH E E T 8 & 1 8 SHEET 8 & 20 SH E E T 8 & 1 9 SHEET 9, 21 & 22 Pa g e 1 1 2 o f 3 7 6 Pa g e 1 1 3 o f 3 7 6 Pa g e 1 1 4 o f 3 7 6 Pa g e 1 1 5 o f 3 7 6 Pa g e 1 1 6 o f 3 7 6 CAPITAL PROJECTS AND ENGINEERING MANAGER. 7. ALL CUTS IN EXISTING ASPHALT SHALL BE MADE FOR THE FULL DEPTH OF THE PAVEMENT TO A SMOOTH, STRAIGHT CUT EDGE, PARALLEL OR AT RIGHT ANGLES TO THE CURBLINE. BROADWAY (2" Mill)RESIDENTIAL STREETS 2" ASPHALT, GRADE SX, PG 58-28 4" ASPHALT, GRADE S, PG 58-28 6. WHERE DISTANCE TO CURB AND GUTTER FROM EDGE OF TRENCH SECTION IS LESS THAN THE WIDTH OF THAT SECTION, REMOVE AND REPLACE ASPHALT TO CURB AND GUTTER. 4" ASPHALT, GRADE S, PG 64-22 (WITHIN TRENCH LIMITS) NOT TO SCALE Pa g e 1 1 7 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 8+45 80'0'40'20' S LINCOLN ST MA T C H L I N E S T A 6 + 3 0 EXISTING ROW EXISTING ROW REMOVE MANHOLE, 1 EA REMOVE MANHOLE, 1 EA NOTE: NOT FOUND WHEN SURVEYED.REMOVE MANHOLE, 1 EAREMOVE PIPE, 36" CMP, 32 LF REMOVE PIPE, 36" CMP, 389 LF EX. GAS MAIN EX. GAS MAIN EX. WATER MAIN EX. GAS MAIN EX. WATER MAIN EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE MA T C H L I N E S T A 6 + 3 0 EXISTING ROW EXISTING ROW E L A Y T O N AV E REMOVE PIPE, 36" CMP, 200 LF REMOVE MANHOLE, 1 EA EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE REMOVE INLET, 1 EA REMOVE CURB, GUTTER, AND SIDEWALK, 18 LF REMOVE PIPE, 18" CMP, 6 LF REMOVE CURB, GUTTER, AND SIDEWALK, 11 LF REMOVE CURB, GUTTER, AND SIDEWALK, 15 LF REMOVE PIPE, 36" CMP, 19 LF EX. GAS MAIN S LINCOLN ST EX. 48" CMP STORM SEWER EX. 54" CMP STORM SEWER EX. OVERHEAD UTILITY REMOVE ASPHALT MAT, 23 SY REMOVE ASPHALT MAT, 10 SY REMOVE ASPHALT MAT, 22 SY REMOVE ASPHALT MAT, 199 SY REMOVE ASPHALT MAT, 20 SY REMOVE ASPHALT MAT, 369 SY REMOVE ASPHALT MAT, 18 SY REMOVE ASPHALT MAT, 25 SY REMOVE ASPHALT MAT, 23 SY E U N I O N A V E S BROADWAY W L A Y T O N A V E S LINCOLN ST S SHERMAN ST NOTE: SEE SHEET 9 FOR ASPHALT REMOVAL LIMITS 25 LF 50 Pa g e 1 1 8 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 6+00 7+00 8+00 8+52 80'0'40'20' S B R O A D W A Y EXISTING ROW LI N C O L N S T EXISTING ROW MA T C H L I N E S T A 6 + 0 0 EX. POWER LINE EX. GAS SERVICE 10'' EX. SANITARY SEWER, UNKOWN MATERIAL EX. GAS MAIN EX. WATER MAIN EX. FIBER OPTIC EX. WATER SERVICE E LAYTON AVE MA T C H L I N E S T A 6 + 0 0 EXISTING ROW EXISTING ROW S S H E R M A N S T REMOVE PIPE, 36" CMP, 293 LF REMOVE PIPE, 15" CMP, 35 LF REMOVE MANHOLE, 1 EA EX. WATER MAIN EX. GAS MAIN REMOVE CURB AND GUTTER, 21 LF REMOVE SIDEWALK, 21 SY REMOVE CURB AND GUTTER, 16 LF REMOVE PIPE, 18" CMP, 46 LF REMOVE INLET, 1 EA REMOVE CURB, GUTTER, AND SIDEWALK, 19 LF REMOVE MANHOLE, 1 EA REMOVE PIPE, 36" CMP, 35 LF REMOVE INLET, 1 EA REMOVE CURB, GUTTER, AND SIDEWALK, 20 LF REMOVE PIPE, 18" CMP, 24 LFE LAYTON AVE EX. WATER MAIN EX. WATER MAIN EX. GAS MAIN REMOVE GUTTER, 14 LF EX. GAS MAIN EX. GAS MAIN EX. POWER LINE EX. FIBER OPTIC EX. OVERHEAD UTILITY EX. FIBER OPTIC EX. FIBER OPTIC EX. FIBER OPTIC EX. FIBER OPTIC EX. POWER LINE EX. GAS MAIN EX. WATER MAIN EX. OVERHEAD UTILITY EX. OVERHEAD UTILITY EX. GAS SERVICE EX. WATER SERVICE EX. WATER MAIN EX. FIBER OPTIC 10'' EX. SANITARY SEWER, UNKOWN MATERIAL REMOVE CURB AND GUTTER, 21 LF REMOVE SIDEWALK, 21 SY REMOVE INLET, 1 EA REMOVE CURB, GUTTER, AND SIDEWALK, 24 LF REMOVE ASPHALT MAT, 198 SY REMOVE ASPHALT MAT, 42 SY REMOVE ASPHALT MAT, 7 SY REMOVE ASPHALT MAT, 23 SYREMOVE ASPHALT MAT, 21 SY REMOVE ASPHALT MAT, 14 SY REMOVE ASPHALT MAT, 28 SY REMOVE ASPHALT MAT, 29 SY REMOVE ASPHALT MAT, 275 SY REMOVE ASPHALT MAT, 8 SY REMOVE ASPHALT MAT, 17 SY REMOVE ASPHALT MAT, 22 SY REMOVE ASPHALT MAT, 33 SY REMOVE ASPHALT MAT, 45 SY REMOVE ASPHALT MAT, 18 SY REMOVE ASPHALT MAT, 18 SY S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T NOTE: SEE SHEET 9 FOR ASPHALT REMOVAL LIMITS REMOVE CURB, GUTTER AND SIDEWALK, 31 LF 00 MA T C H L I N E S T A 6 + 0 0 REMOVE CURB, GUTTER AND SIDEWALK, 54 LF 54 LF 54 LF 54 LF 60 LF Pa g e 1 1 9 o f 3 7 6 1+00 2+00 3+00 4+00 4+60 80'0'40'20' S SHERMAN ST E L A Y T O N A V E EXISTING ROW EXISTING ROW EX 36" REINFORCED CONCRETE PIPE REMOVE PIPE, 36" CMP, 267 LF REMOVE PIPE, 18" CMP, 26 LF EX. WATER MAIN EX. FIBER OPTIC EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE REMOVE INLET, 1 EA REMOVE CURB AND GUTTER, 15 LF REMOVE SIDEWALK, 9 SY REMOVE MANHOLE, 1 EA REMOVE INLET, 1 EA REMOVE CURB AND GUTTER, 15 LF REMOVE SIDEWALK, 9 SY REMOVE PIPE, 12" CMP, 7 LF REMOVE CURB AND GUTTER, 108 LF REMOVE CURB AND GUTTER, 15 LF REMOVE SIDEWALK, 2 SY EX. WATER MAIN EX. GAS MAIN EX. GAS SERVICE REMOVE ASPHALT MAT, 17 SY REMOVE ASPHALT MAT, 20 SY REMOVE ASPHALT MAT, 49 SY REMOVE ASPHALT MAT, 22 SYREMOVE ASPHALT MAT, 179 SY S BROADWAY W L A Y T O N A V E S LINCOLN ST S SHERMAN ST NOTE: SEE SHEET 9 FOR ASPHALT REMOVAL LIMITS REMOVE ASPHALT MAT, 55 SY REMOVE CURB, GUTTER, AND SIDEWALK 54 LF Pa g e 1 2 0 o f 3 7 6 Total Project Quantities Pa g e 1 2 1 o f 3 7 6 Note:Not Tabulated above: 1. Tufts Ave 2. Broadway 2" Mill 3. ADA Ramps and Detectable Warnings 15 20 25 108 108 54 328 50 50 2,063 2,063 55 55 Pa g e 1 2 2 o f 3 7 6 WATER SERVICE (TYP) GAS SERVICE (TYP) REVIEWED: DESIGNED: DRAWN: SHEET TITLE: SHEET NUMBER: FIELD BOOK NO.: TOPOGRAPHIC SURVEY 15 JAN JAN AGW 2530 1 OF 2 0 U.S. SURVEY FEETSCALE: 1"=30' 15 30 60 NOTES: 1. THE FIELD SURVEY TO LOCATE IMPROVEMENTS WAS PERFORMED FROM OCTOBER 28 THRU NOVEMBER 02, 2020. FARNSWORTH GROUP AND THE SURVEYOR OF RECORD ARE NOT RESPONSIBLE FOR NOT LOCATINGIMPROVEMENTS WHICH WERE NOT VISIBLE ON THE DATES OF THE FIELD SURVEY OR IMPROVEMENTS WHICH WERE ADDED OR REMOVED AFTER THE DATES OF THE SURVEY. 2. THIS TOPOGRAPHIC SURVEY IS NOT A MONUMENTED LAND SURVEY, LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT AND IS SUBJECT TO ANY INACCURACIES THAT A SUBSEQUENT BOUNDARY SURVEY MAY DISCLOSE.APPROXIMATE SECTION LINES ARE SHOWN BASED ON FIELD SURVEY LOCATION OF SECTION CORNER EVIDENCE IN BROADWAY ALONG WITH SECTION LINE RETRACEMENT INFORMATION ON THAT ENGLEWOOD CITY SURVEY BY GINGERY AND ASSOCIATES DATED SEPT. 1980. APPROXIMATE RIGHTS OF WAY LINES AND PROPERTY LINES ARE SHOWN BASED ON RECORDED SUBDIVISION PLATS CONFORMED TO PREVIOUSLY MENTIONED APPROXIMATESECTION LINES. THE ESTIMATED ACCURACY OF RIGHTS-OF-WAY LINES AND PROPERTY LINES RELATIVE TOTOPOGRAPHY IS 1.0' +/-. THE SOUTH RIGHT-OF-WAY LINE OF WEST LAYTON AVENUE AT THE SOUTHWEST CORNER OF LAYTON AND BROADWAY IS LESS CERTAIN DUE TO INCONSISTENCIES ON THE SUBDIVISION PLAT. 3. THE LOCATION OF EXISTING FENCES OR OTHER FEATURES INDICATIVE OF POSSESSION IN THE VICINITY OF THERIGHT-OF-WAY LINES MAY INDICATE OWNERSHIP ACQUIRED OR LOST THROUGH DOCUMENTS NOT SUPPLIED TO THE SURVEYOR OR THROUGH UNRECORDED MEANS. 4. THIS SURVEY EXTENDED FROM BACK OF WALK TO BACK OF WALK. SOME FEATURES ARE SHOWN THAT AREBEHIND THE WALK ARE FOR CONTEXT. ADDITIONAL FEATURES BEHIND THE WALK SUCH AS ENTRY WALKS,RETAINING WALLS, UTILITY APPURTENANCES, TREES, ETC… EXIST AND ARE NOT SHOWN. 5. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF ANY FORM OF TITLE INFORMATION AND/OR VERIFICATION AND DOES NOT CONSTITUTE A TITLE SEARCH BY FARNSWORTH GROUP, INC. TO DETERMINE OWNERSHIP OREASEMENTS OF RECORD. THERE MAY BE RECORDINGS ESTABLISHING EASEMENTS, BURDENS OR OTHERAGREEMENTS AFFECTING THE PROPERTY WHICH IS THE SUBJECT MATTER OF THIS SURVEY OF WHICH WE ARE NOT AWARE AND ARE NOT SHOWN HEREON. 6. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRALZONE, NAD83(2011) AND WERE ESTABLISHED BY GPS METHODS. SEE CONTROL POINT TABULATION FOR DESCRIPTIONS OF MONUMENTS. 7. BASIS OF ELEVATIONS: ELEVATIONS ARE BASED ON NAVD88 DATUM ESTABLISHED BY GPS METHODS. 8. PROJECT CONTROL POINTS WERE ESTABLISHED AS NOTED ON THE CONTROL TABULATION. 9. THIS SURVEY IS NOT IN SUPPORT OF A “SUBSURFACE UTILITY ENGINEERING – REQUIRED PROJECT”. SUBSURFACE UTILITY INFORMATION SHOWN ON THIS SURVEY MAY NOT COMPLY WITH DESIGNATION REQUIREMENTS OF C.R.S.9-1.5-101 ET SEQ. OR AMERICAN SOCIETY OF CIVIL ENGINEERS STANDARD GUIDELINE FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA MANUAL 38. 10. BURIED UTILITY INFORMATION SHOWN HEREON IS FROM ELECTROMAGNETIC DETECTION MARKINGS BY KINETIC INDUSTRIES EXCEPT WHERE NOTED. 11. BURIED UTILITY LINES SHOWN ON THIS SURVEY THAT WERE NOT LOCATED BY FIELD SURVEY OR MARKING BY KINETICS INDUSTRIES ARE NOTED HEREON AS "GIS POSITIONS" AND APPEAR IN THE ELECTRONIC DRAWING FILE ON LAYERS PREFIXED WITH "G-UTIL". ACCURACY AND/OR COMPLETENESS OF THESE "GIS POSITIONS" ISUNKNOWN. 12. APPARENT SURFACE EVIDENCE OF OTHER UTILITIES IS SHOWN FROM BY FIELD SURVEY. 13. UTILITY DATA NOTED AS “NOT VISIBLE” OR 'NOT ACCESSIBLE" INDICATES THAT THE FIELD SURVEY CREW COULDNOT DETERMINE THE INFORMATION FROM VISUAL INSPECTION. 14. UTILITY DATA NOTED AS FROM CITY GIS AND NOT SURVEYED INDICATE THE DATA APPEARS IN THE CITY GIS BUT NO FIELD EVIDENCE WAS OBSERVED. 15. OVERHEAD UTILITIES ARE SHOWN ONLY WHERE SUCH UTILITIES CROSS THE PAVED SURFACES OF ROADS. OVERHEAD UTILITIES LOCATED BEHIND THE WALK AND RUNNING PARALLEL TO STREETS ARE NOT SHOWN. 16. THE STORM SEWER IN TUFTS AVENUE IS DRAWN PARALLEL WITH THE IMPROVED ROADWAY AND ALIGNED WITHTHE MANHOLE EAST OF ACOMA STREET. NO OTHER VISIBLE MANHOLES WHERE SURVEYED. AS SUCH THE NORTH-SOUTH POSITION OF THIS LINE IS UNCERTAIN AND NO ELEVATIONS WERE OBSERVED. 17. THIS SURVEY MAY NOT ADDRESS FULL UTILITY INFORMATION OF ALL AVAILABLE UTILITIES FOR THIS SITE. OTHER UTILITIES, IN USE OR ABANDONED, MIGHT EXIST WITHIN THE AREA SHOWN HEREON. 18. THIS SURVEY WILL BE REVISED TO INCLUDE POTHOLE DATA ON THE STORM SEWER IN TWO LOCATIONS IN TUFTS AVENUE AS SHOWN HEREON. SEE NOTE 22. 19. IT IS THE RESPONSIBILITY OF DESIGN PROFESSIONALS TO FIELD VERIFY UTILITY INFORMATION THAT COULD BECRITICAL TO DESIGN EFFORTS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FIELD VERIFY THE SIZE, MATERIAL, LOCATION AND ELEVATION OF ALL UTILITIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. 20. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THISSURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 21. ACCORDING TO THE COLORADO STATE BOARD OF LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS ANDPROFESSIONAL LAND SURVEYORS RULE 1.6(B)(2) THE SURVEYOR'S CERTIFICATION IS DEFINED AS A STATEMENT THAT INCLUDES THE FOLLOWING: a. IS SIGNED AND/OR SEALED BY A PROFESSIONAL LAND SURVEYOR REPRESENTING THAT THE SURVEYING SERVICES ADDRESSED THEREIN HAVE BEEN PERFORMED BY THE PROFESSIONAL LAND SURVEYOR OR UNDERTHE PROFESSIONAL LAND SURVEYOR IN RESPONSIBLE CHARGE. b. IS BASED UPON THE PROFESSIONAL LAND SURVEYOR’S KNOWLEDGE, INFORMATION AND BELIEF, c. IS IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, AND d. IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. NOTES: 22. POTHOLE OPERATIONS WERE PERFORMED JANUARY 27, 2021. THE INVERT ELEVATIONS SHOWN FOR AT THE POTHOLE LOCATION ASSUMES THE PIPE IS 60" DIAMETER WITH 0.1' PIPE WALL THICKNESS. THIS WAS NOT FIELD VERIFIED. Pa g e 1 2 3 o f 3 7 6 LEGEND REVIEWED: DESIGNED: DRAWN: SHEET TITLE: SHEET NUMBER: FIELD BOOK NO.: TOPOGRAPHIC SURVEY 16 JAN JAN AGW 2530 2 OF 2 0 U.S. SURVEY FEETSCALE: 1"=30' 15 30 60 Pa g e 1 2 4 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 ST MH 1 Manhole Slab Base (15 foot), 60" STA 1+24.74, 24.40' R ST MH 2 Manhole Slab Base (15 foot), 48" STA 1+52.75, 9.73' R ST MH 3 Manhole Slab Base (10 foot), 60" STA 5+42.06, 10.27' R 5375 5380 5385 5390 5395 5375 5380 5385 5390 5395 53 9 5 . 8 1 ST MH 3 Manhole Slab Base (10 foot) 60" STA 5+42.056, 10.27 R RIM 5394.96 INV in 5385.86 S 48in INV out 5385.89 N 48in 389 LF 48" RCP ST @ 0.76% ST MH 1 Manhole Slab Base (15 foot) 60" STA 1+24.743, 24.40 R RIM 5392.86 INV in 5380.90 SE 48in INV in 5380.80 E 48in INV out 5380.30 W 54in 32 LF 48" RCP ST @ 5.91% 200 LF 48" RCP ST @ 0.76% EX. GAS MAIN EX. WATER MAIN EX. GAS SERVICE EX. WATER SERVICE EX. 48" CMP STORM SEWER EX. 54" CMP STORM SEWER EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. 36" CMP STORM SEWER @ 1.43% EX. MH TO BE REPLACED EX. MH TO BE REPLACED EX. 36" CMP STORM SEWER @ 1.03% ST MH 2 Manhole Slab Base (15 foot) 48" STA 1+52.755, 9.73 R RIM 5392.95 INV in 5382.93 S 48in INV out 5382.77 NW 48in 80'0'40'20' S LINCOLN ST E U N I O N A V E MA T C H L I N E S T A 6 + 3 0 EXISTING ROW EXISTING ROW 6+306+005+00 4+00 3+002+001+00 EXISTING GRADE OVER PIPE 48 INCH REINFORCED CONCRETE PIPE EXISTING GRADE ℄ 48 INCH REINFORCED CONCRETE PIPE 48 INCH REINFORCED CONCRETE PIPE Se e S h e e t 1 1 EX. GAS MAIN EX. GAS MAIN EX. WATER MAIN EX. GAS MAINEX. WATER MAIN EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. GAS MAIN EX. OVERHEAD UTILITY NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - 3 FOOT HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT)HOT MIX ASPHALT (PATCHING) (ASPHALT) CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - 3 FOOT S BROADWAY W L A Y T O N A V E S LINCOLN ST S SHERMAN ST 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. INSTALL ADA PEDESTRIAN RAMP (See Sheet 29), 128 SF DETECTABLE WARNINGS, 8 SF 18 Pa g e 1 2 5 o f 3 7 6 7+00 8+00 8+45 5383 5385 5390 5395 5400 5383 5385 5390 5395 5400 53 9 7 . 6 0 53 9 8 . 1 1 27 LF 48" RCP ST @ 0.76% ST MH 4 Manhole Slab Base (10 foot) 48" STA 7+42.090, 10.54 R RIM 5396.95 INV in 5387.44 S 48in INV in 5392.00 W 18in INV out 5387.38 N 48in ST MH 5 Manhole Slab Base (10 foot) 48" STA 7+69.534, 10.49 R RIM 5397.34 INV in 5387.75 SE 48in INV in 5388.76 SW 24in INV out 5387.65 N 48in 200 LF 48" RCP ST @ 0.76% EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. 36" CMP STORM SEWER @ 1.03% 5385 5390 5395 5400 5405 5385 5390 5395 5400 5405 53 9 7 . 4 0 53 9 7 . 5 1 53 9 6 . 9 2 39 LF 18" RCP ST @ 1.00% ST MH 10 Manhole Slab Base (10 foot) 48" STA 4+72.109, -14.68 L RIM 5397.53 INV in 5389.52 W 18in INV in 5389.90 S 18in INV out 5388.92 NE 24in EX. WATER MAIN EX. FIBER OPTIC EX. GAS MAIN ST IN 10.1 Inlet Type 16 (Double) (10 foot) STA 4+73 RIM 5396.99 INV out 5390.29 N 18in 8+00 8+45 ST IN 10.1 Inlet Type 16 (Double) (10 foot) STA 4+73.32, 24.23' R 5385 5390 5395 5400 5405 5385 5390 5395 5400 5405 ST MH 6 Manhole Slab Base (10 foot) 60" STA 5+19.635, -4.52 L RIM 5398.08 INV in 5389.42 E 48in INV in 5390.51 S 18in INV out 5388.50 NW 48in ST IN 6.1 Inlet Type 16 (10 foot) STA 5+19 RIM 5397.44 INV out 5390.74 N 18in23 LF 18" RCP ST @ 1.00% EX. WATER MAIN EX. FIBER OPTIC 7+00 8+00 8+45 ST MH 6 Manhole Slab Base (10 foot), 60" STA 5+19.64, -4.52' L ST IN 6.1 Inlet Type 16 (10 foot) STA 5+19.34, 18.89' R S LINCOLN ST MA T C H L I N E S T A 6 + 3 0 80'0'40'20' EXISTING ROW 6+30 8+007+00 8+45 0+00 EXISTING GRADE OVER PIPE EXISTING GRADE ℄ EXISTING ROW E L A Y T O N A V E 48 INCH REINFORCED CONCRETE PIPE 48 INCH REINFORCED CONCRETE PIPE 0+60 18 INCH REINFORCED CONCRETE PIPE 0+00 0+43 EXISTING GRADE ℄ EXISTING GRADE ℄ EXISTING GRADE OVER PIPE EXISTING GRADE OVER PIPE 18 INCH REINFORCED CONCRETE PIPE S. Lincoln St. 6+30 to 7+69.53 EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER MAIN EX. FIBER OPTIC EX. GAS MAIN E L A Y T O N A V E E L A Y T O N A V E S LINCOLN ST S LINCOLN ST 48" RCP SEE SHEET 18 24" RCP SEE SHEET 18 24" RCP SEE SHEET 18 48" RCP SEE SHEET 18 HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW.S BROADWAY W L A Y T O N A V E S LINCOLN ST S SHERMAN ST 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. 20 20 Pa g e 1 2 6 o f 3 7 6 5385 5390 5395 5400 5385 5390 5395 5400 ST IN 4.1 Inlet Type 16 (Double) (5 foot) STA 7+42 RIM 5396.81 INV out 5392.10 E 18in ST MH 4 Manhole Slab Base (10 foot) 48" STA 7+42.090, 10.54 R RIM 5396.95 INV in 5387.44 S 48in INV in 5392.00 W 18in INV out 5387.38 N 48in 7 LF 18" RCP ST @ 1.61% 4+00 5+00 6+00 7+ 0 0 8+ 0 0 ST MH 4 Manhole Slab Base (10 foot), 48" STA 7+42.09, 10.54' R ST IN 4.1 Inlet Type 16 (Double) (5 foot) STA 7+42.18, 17.05' R 80'0'40'20' -0+40 0+00 0+70 EXISTING ROW EXISTING ROW S L I N C O L N S T E LAYTON AVE S. Lincoln St. 7+42 to 7+42.09 48" RCP SEE SHEET 16 48" RCP SEE SHEET 16 48" RCP SEE SHEET 16 CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - VARIES 18 INCH REINFORCED CONCRETE PIPE NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. 5. ASPHALT PLACEMENT TO EDGE OF CURB 18 18 Pa g e 1 2 7 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 ST MH 5 Manhole Slab Base (10 foot), 48" STA 7+69.53, 10.49' R ST MH 10 Manhole Slab Base (10 foot), 48" STA 4+72.11, -14.68' L 5385 5390 5395 5400 5405 5385 5390 5395 5400 5405 53 9 9 . 7 1 53 9 9 . 1 1 53 9 8 . 2 1 53 9 9 . 2 1 288 LF 18" RCP ST @ 0.76% 15 LF 24" RCP ST @ 1.10% 38 LF 48" RCP ST @ 1.96% 290 LF 48" RCP ST @ 0.93% ST MH 11 Manhole Slab Base (10 foot) 48" STA 1+39.858, -34.28 L RIM 5399.46 INV in 5391.81 S 18in INV out 5391.71 E 18in ST MH 10 Manhole Slab Base (10 foot) 48" STA 4+72.109, -14.68 L RIM 5397.53 INV in 5389.52 W 18in INV in 5389.90 S 18in INV out 5388.92 NE 24in ST MH 5 Manhole Slab Base (10 foot) 48" STA 7+69.534, 10.49 R RIM 5397.34 INV in 5387.75 SE 48in INV in 5388.76 SW 24in INV out 5387.65 N 48in ST MH 6 Manhole Slab Base (10 foot) 60" STA 5+19.635, -4.52 L RIM 5398.08 INV in 5389.42 E 48in INV in 5390.51 S 18in INV out 5388.50 NW 48in 10in EX SS EX. POWER LINE EX. GAS SERVICE EX. WATER MAIN EX. GAS MAIN EX. FIBER OPTIC EX. WATER SERVICE EX. 36" CMP STORM SEWER @ 1.05% 80'0'40'20' S B R O A D W A Y E LAYTON AVE EXISTING ROW 2+001+00 18 INCH REINFORCED CONCRETE PIPE LI N C O L N S T EXISTING ROW 3+00 4+00 5+00 MA T C H L I N E S T A 6 + 0 0 6+00 24 INCH REINFORCED CONCRETE PIPE 48 INCH REINFORCED CONCRETE PIPE Se e S h e e t 1 3 E. Layton Ave. 1+39.86 to 6+00 EX. POWER LINE EX. GAS SERVICE 10'' EX. SANITARY SEWER EX. GAS MAIN EX. WATER MAIN EX. FIBER OPTIC EX. WATER SERVICE 18" RCP SEE SHEET 20 18" RCP SEE SHEET 16 18" RCP SEE SHEET 16 48" RCP SEE SHEET 16 HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT)HOT MIX ASPHALT (PATCHING) (ASPHALT) ST MH 6 Manhole Slab Base (10 foot), 60" STA 5+19.64, -4.52' L HOT MIX ASPHALT (PATCHING) (ASPHALT) CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - 5 FOOT CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - 4 FOOT NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T HOT MIX ASPHALT (PATCHING) (ASPHALT) 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. INSTALL ADA PEDESTRIAN RAMP (See Sheet 30), 270 SFDETECTABLE WARNINGS, 16 SF 0 00 MA T C H L I N E S T A 6 + 0 0 Se e S h e e t 1 3 INSTALL ADA PEDESTRIAN RAMP (See Sheet 30), 275 SF DETECTABLE WARNINGS, 16 SF INSTALL ADA PEDESTRIAN RAMP, (See Sheet 30) 275 SF DETECTABLE WARNINGS, 16 SF INSTALL ADA PEDESTRIAN RAMP, (See Sheet 30) 270 SFDETECTABLE WARNINGS, 8 SF 18 18 18 22 Pa g e 1 2 8 o f 3 7 6 6+00 7+00 8+00 8+52 5387 5390 5395 5400 5405 5410 5387 5390 5395 5400 5405 5410 53 9 9 . 2 1 ST IN 7.1 Inlet Type 16 (5 foot) STA 8+45 RIM 5404.30 INV out 5399.89 SW 18in ST MH 7 Manhole Slab Base (15 foot) 60" STA 8+09.411, -3.60 L RIM 5404.04 INV in 5392.23 S 48in INV in 5395.19 NE 18in INV out 5392.13 W 48in 40 L F 1 8 " R C P S T @ 1 1 . 6 1 % 290 LF 48" RCP ST @ 0.93% 10in EX SS EX. GAS MAIN EX. WATER MAIN EX. MH TO BE REPLACED EX. 36" CMP STORM SEWER @ 1.00% 80'0'40'20' E LAYTON AVE MA T C H L I N E S T A 6 + 0 0 EXISTING ROW EXISTING ROW S S H E R M A N S T EXISTING GRADE OVER PIPE 6+00 7+00 8+00 8+52 48 INCH REINFORCED CONCRETE PIPE 18 INCH REINFORCED CONCRETE PIPE EXISTING GRADE ℄ EX. WATER MAIN EX. GAS MAIN 10'' EX. SANITARY SEWER 48" RCP SEE SHEET 21 48" RCP SEE SHEET 21 CURB, GUTTER, AND SIDEWALK TYPE 2 (SECTION MS) - 4 FOOT HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. INSTALL ADA PEDESTRIAN RAMP, (See Sheet 31) 275 SF DETECTABLE WARNINGS, 16 SF 23 Pa g e 1 2 9 o f 3 7 6 1+00 2+00 2+71 ST MH 12 Manhole Slab Base (10 foot), 48" STA 2+04.33, -34.27' L ST MH 13 Manhole Slab Base (10 foot), 48" STA 2+47.75, 33.79' R ST IN 13.1 Inlet Type R L 10 (5 foot) STA 2+48.10, 42.84' R ST MH 11 Manhole Slab Base (10 foot), 48" STA 1+39.86, -34.28' L ST IN 12.1 Inlet Type R L 10 (5 foot) STA 2+04.17, -42.67' L 5390 5395 5400 5405 5410 5390 5395 5400 5405 5410 64 LF 18" RCP ST @ 0.70% ST MH 12 Manhole Slab Base (10 foot) 48" STA 2+04.334, -34.27 L RIM 5400.12 INV in 5392.43 SW 18in INV in 5394.32 E 18in INV out 5392.26 N 18in ST MH 11 Manhole Slab Base (10 foot) 48" STA 1+39.858, -34.28 L RIM 5399.46 INV in 5391.81 S 18in INV out 5391.71 E 18in EX. WATER MAIN EX. FIBER OPTICEX. GAS MAIN (5") 5390 5395 5400 5405 5390 5395 5400 5405 54 0 1 . 6 9 54 0 2 . 3 7 53 9 9 . 9 4 9 LF 18" RCP ST @ 16.13% 81 LF 18" RCP ST @ 0.77% 8 LF 18" RCP ST @ 9.87% ST IN 12.1 Inlet Type R L 10 (5 foot) STA 2+04 RIM 5400.23 INV out 5395.15 W 18in ST MH 12 Manhole Slab Base (10 foot) 48" STA 2+04.334, -34.27 L RIM 5400.12 INV in 5392.43 SW 18in INV in 5394.32 E 18in INV out 5392.26 N 18in ST MH 13 Manhole Slab Base (10 foot) 48" STA 2+47.755, 33.79 R RIM 5401.33 INV in 5395.01 W 18in INV out 5393.05 NE 18in ST IN 13.1 Inlet Type R L 10 (5 foot) STA 2+48 RIM 5401.53 INV out 5396.47 E 18in EX. WATER SERVICE EX. GAS MAIN (8") EX. WATER MAIN EX. GAS MAIN (4") EX. FIBER OPTIC 2+ 0 0 2+ 7 1 ST IN 13.1 Inlet Type R L 10 (5 foot) STA 2+48.10, 42.84' R ST IN 12.1 Inlet Type R L 10 (5 foot) STA 2+04.17, -42.67' L 80'0'40'20' EXISTING ROW 2+001+00 18 INCH REINFORCED CONCRETE PIPE 18 INCH REINFORCED CONCRETE PIPE -0+40 0+00 1+00 EXISTING ROW EXISTING ROW S B R O A D W A Y 1+30 18 INCH REINFORCED CONCRETE PIPE S. Broadway 1+39.86 to 1+99.5 S. Broadway 1+99.5 to 2+45.02 EX. GAS MAIN EX. WATER MAIN EX. FIBER OPTIC EX. GAS MAIN EX. FIBER OPTIC EX. WATER SERVICE EX. WATER MAIN EX. GAS MAIN E L A Y T O N A V E S BROADWAY CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) HOT MIX ASPHALT (PATCHING) (ASPHALT)CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CONCRETE SIDEWALK CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CONCRETE SIDEWALK GUTTER TYPE 2 (4 FOOT) NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T 2" MILL, 880 SY HOT MIX ASPHALT (OVERLAY) (ASPHALT) 10 0 ' - 0 " 80'-0" REPLACE LINE AND STRIPING, 125 SF YELLOW: 75 SF WHITE: 55 SF TRENCH LIMITS TO BE FULL DEPTH PATCHED PRIOR TO MILL & OVERLAY. 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. Pa g e 1 3 0 o f 3 7 6 1+00 2+00 3+00 4+00 4+60 ST MH 7 Manhole Slab Base (15 foot), 60" STA 8+09.41, -3.60' L ST MH 8 Manhole Slab Base (10 foot), 48" STA 3+30.64, 10.25' R ST MH 9 Manhole Slab Base (10 foot), 60" STA 3+93.89, 10.67' RST IN 8.1 Inlet Type 16 (5 foot) STA 3+30.75, 17.10' R ST IN 9.1 Inlet Type 16 (10 foot) STA 3+96.94, -16.10' L ST IN 7.1 Inlet Type 16 (5 foot) STA 1+06.92, -22.61' L 5390 5395 5400 5405 5410 5390 5395 5400 5405 5410 54 0 3 . 6 1 ST MH 7 Manhole Slab Base (15 foot) 60" STA 1+26.662, 12.70 R RIM 5404.04 INV in 5392.23 S 48in INV in 5395.19 NE 18in INV out 5392.13 W 48in ST MH 8 Manhole Slab Base (10 foot) 48" STA 3+30.643, 10.25 R RIM 5401.28 INV in 5392.58 S 48in INV in 5393.43 W 18in INV out 5392.48 N 48in ST MH 9 Manhole Slab Base (10 foot) 60" STA 3+93.892, 10.67 R RIM 5401.52 INV in 5394.51 E 18in INV in 5394.41 S 36in INV out 5392.90 N 48in 63 LF 48" RCP ST @ 0.50%204 LF 48" RCP ST @ 0.13% EX 36in ST @ 1.20% EX. WATER MAIN EX. FIBER OPTIC EX. GAS SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. GAS SERVICE EX. MH TO BE REPLACED EX. MH TO BE REPLACED EX. 36" CMP STORM SEWER @ 0.64% 80'0'40'20' E SHERMAN ST E L A Y T O N A V E EXISTING ROW EXISTING ROW EXISTING GRADE OVER PIPE 1+00 2+00 3+00 4+00 4+60 48 INCH REINFORCED CONCRETE PIPE EXISTING GRADE ℄ EX 36" RIENFORCED CONCRETE PIPE 48 INCH REINFORCED CONCRETE PIPE EX. WATER MAIN EX. FIBER OPTIC EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE EX. GAS SERVICE EX. WATER SERVICE HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) HOT MIX ASPHALT (PATCHING) (ASPHALT) CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CONCRETE SIDEWALK CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CONCRETE SIDEWALK CURB AND GUTTER TYPE 2 (SECTION - VARIABLE) CONCRETE SIDEWALK NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S BROADWAY W L A Y T O N A V E S LINCOLN ST S SHERMAN ST NOTE: ASPHALT PLACEMENT TO EDGE OF CURB 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. Pa g e 1 3 1 o f 3 7 6 3+ 0 0 ST MH 8 Manhole Slab Base (10 foot), 48" STA 3+30.64, 10.25' R ST IN 8.1 Inlet Type 16 (5 foot) STA 3+30.75, 17.10' R 5390 5395 5400 5405 5410 5390 5395 5400 5405 5410 54 0 1 . 5 9 135 LF 18" RCP ST @ 2.44% ST IN 9.1 Inlet Type 16 (10 foot) STA 3+97 RIM 5401.27 INV in 5395.99 E 18in INV out 5395.58 W 18in 27 LF 18" RCP ST @ 4.00% ST MH 9 Manhole Slab Base (10 foot) 60" STA 3+93.892, 10.67 R RIM 5401.52 INV in 5394.51 E 18in INV in 5394.41 S 36in INV out 5392.90 N 48in EX. WATER MAIN EX. GAS MAIN 4+ 0 0 4+ 6 0 ST MH 9 Manhole Slab Base (10 foot), 60" STA 3+93.89, 10.67' R ST IN 9.1 Inlet Type 16 (10 foot) STA 3+96.94, -16.10' L 5390 5395 5400 5405 5390 5395 5400 5405 54 0 1 . 5 1 ST IN 8.1 Inlet Type 16 (5 foot) STA 3+31 RIM 5400.67 INV out 5396.81 E 18in ST MH 8 Manhole Slab Base (10 foot) 48" STA 3+30.643, 10.25 R RIM 5401.28 INV in 5392.58 S 48in INV in 5393.43 W 18in INV out 5392.48 N 48in 7 LF 18" RCP ST @ 49.38% 80'0'40'20' EXISTING ROW 0+00 EXISTING ROW -0+40 0+00 0+70 EXISTING ROW E S H E R M A N S T EXISTING ROW E S H E R M A N S T 1+00-0+30 18" REINFORCED CONCRETE PIPE, 27 LF EX 36" REINFORCED CONCRETE PIPE E. Sherman St. 3+30.64 to 3+31 E. Sherman St. 3+93.89 to 3+97 EX. GAS MAIN EX. WATER MAIN 48" RCP SEE SHEET 21 48" RCP SEE SHEET 21 48" RCP SEE SHEET 21 EX. 36" CMP SEE SHEET 21 NOTES: 1.ALL EXISTING CROSSING UTILITIES SHOWN ARE AS APPROXIMATE LOCATIONS. LOCATIONS SHALL BE FIELD VERIFIED BY THE CONTRACTOR IN THE FIELD. SIZE AND MATERIAL OF EXISTING UNDERGROUND UTILITIES ARE UNKNOWN UNLESS OTHERWISE NOTED. 2. VERIFY LOCATION OF EXISTING ELECTRICAL LINES PRIOR TO CONSTRUCTION. POSSIBLE RELOCATION OF ELECTRICAL LINES NEAR INLETS. 3. SHADED AREA IN PLAN VIEW REPRESENTS WHAT SECTION OF PIPE IS IN THE PROFILE VIEW. S B R O A D W A Y W LAYTON AVE S L I N C O L N S T S S H E R M A N S T 4. SEPERATION MUST BE LEFT BETWEEN CROSSING UTILITY LINES AND STORM PIPE. 5. ASPHALT PLACEMENT TO EDGE OF CURB 23 23 23 Pa g e 1 3 2 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 BP : 1 + 0 0 . 0 0 5+ 0 0 7+00 8+00 8+45 EP : 8 + 4 4 . 8 7 MA T C H L I N E S T A 6 + 3 0 MA T C H L I N E S T A 6 + 3 0 S LINCOLN ST E U N I O N A V E S LINCOLN ST E L A Y T O N A V E 80'0'40'20' S. Lincoln St. 1+00 to 6+30 S. Lincoln St. 6+30 to 8+44.87 Pa g e 1 3 3 o f 3 7 6 1+00 2+00 3+00 4+00 5+00 6+00 BP : 1 + 0 0 . 0 0 7+00 8+00 8+52 EP : 8 + 5 2 . 0 7 E LAYTON AVE S B R O A D W A Y MA T C H L I N E S T A 6 + 5 0 LI N C O L N S T MA T C H L I N E S T A 6 + 5 0 E LAYTON AVE S S H E R M A N S T 80'0'40'20' E. Layton Ave. 6+50 to 8+52.07 E. Layton Ave. 1+00 to 6+50 Pa g e 1 3 4 o f 3 7 6 1+00 2+00 3+00 4+00 4+60 BP : 1 + 0 0 . 0 0 EP : 4 + 6 0 . 0 2 1+00 2+00 2+71 BP : 1 + 0 0 . 0 0 EP : 2 + 7 1 . 1 7 80'0'40'20' E SHERMAN STE L A Y O U T A V E S BROADWAY E L A Y O U T A V E E. Sherman St. 1+00 to 4+60.02 S. Broadway 1+00 to 2+71.17 Pa g e 1 3 5 o f 3 7 6 STA MH 14 Manhole Slab Base (10 foot) 96", 1 EACH 87"x63" CMP PIPE ARCH, 284 LF (ALUMINIZED STEEL, 1" CORRUGATION) STA MH 15 Manhole Slab Base (20 foot) 96", EACH REMOVE ASPHALT MAT, 520 SY HOT MIX ASPHALT (PATCHING) (ASPHALT), 520 SY REMOVE PIPE, 72" CMP, 300 LF REMOVE MANHOLE, 1 EACH EX. 86"x 60" CMP STORM SEWER PROTECT SIDEWALK AND CURB DURING CONSTRUCTION. DO NOT REMOVE WITHOUT APPROVAL OF CITY ENGINEER.EXPOSE BURRIED MANHOLE UNDER ASPHALT STA MH 15 Manhole Slab Base (20 foot) 96"RIM ELEV. = 5386.8 STA MH 14 Manhole Slab Base (10 foot) 96" RIM ELEV. = 5374.7 284 LF 87"x63" CMP PIPE ARCH @ 1.00% EX. MANHOLE TO BE REMOVED REMOVE PIPE, 72" CMP, 300 LF Feet 1:480 8040020 NOTE: REMOVE ASPHALT PER DETAIL ON SHEET 9. NOTE: EXISTING AND PROPOSED PIPE CONNECTIONS SHALL BE INCLUDED IN THE BID ITEM FOR MANHOLE INSTALLATION. Pa g e 1 3 6 o f 3 7 6 1600'0'800'400' VICINITY MAP CITY OF ENGLEWOOD COLORADO S ACOMA STREET DRAINAGE AREA IMPROVEMENTS PH 2 ULTEIG PROJECT NUMBER: 20.00611 SEPTEMBER 15, 2021 FINAL PLAN SET PROJECT ENGINEER ULTEIG 5575 DTC Parkway, Suite 200 Greenwood Village, CO 80111 720.873.5700 CONTACT: Luke Arnold, P.E. OWNER CITY OF ENGLEWOOD, CO 1000 Englewood Parkway Englewood, CO 80110 CONTACT: Tim Hoos S B R O A D W A Y W LAYTON AVE W UNION AVE W CHENANGO AVE S L I N C O L N S T S S H E R M A N S T S D E L A W A R E S T S G R A N T S T W GRAND AVE W TUFTS AVE DETAIL DETAIL REMOVALS 'S UNITS HATCH S.F. S.F. S.F. L.F. 8 PROPOSED S UNITS HATCH S.F. S.F. S.F. S.F. S.F. L.F. S.F. S.F. TOTAL RAMP COUNT = 46 TOTAL RAMP COUNT = 46 8 REMOVALS REMOVE SIDEWALK REMOVE CURBWALK REMOVE CROSSPAN REMOVE VERTICAL & GUTTER ITEM QTY'S UNITS HATCH S.F. S.F. S.F. L.F. -- 128 65 -- PROPOSED CONCRETE SIDEWALK, 4" CONCRETE SIDEWALK, 6" CONCRETE CURBWALK, 4" CONCRETE CURBWALK, 6" DETECTABLE WARNINGS ITEM UNITS HATCH S.F. S.F. S.F. S.F. VERTICAL CURB & GUTTER S.F. L.F. QTY'S S.F.CROSSPAN TYPICAL RAMP 1B - AT CROSSPANS ASPHALT PATCH BACK S.F. TOTAL RAMP COUNT = 13 TOTAL RAMP COUNT = 13 -- 8 -- 128 -- -- -- 65 INCLUDES REMOVAL OF EXISTING ASPHALT WIDTH = 1.5' (TYP.) INCLUDES REMOVAL OF EXISTING ASPHALT WIDTH = 1.5' (TYP.) CURB RAMPS CURB RAMPS DETAIL DETAIL REMOVALS REMOVE SIDEWALK REMOVE CURBWALK REMOVE CROSSPAN ITEM QTY'S UNITS HATCH S.F. S.F. S.F. L.F. 128 -- PROPOSED CONCRETE SIDEWALK, 4" CONCRETE SIDEWALK, 6" CONCRETE CURBWALK, 4" CONCRETE CURBWALK, 6" DETECTABLE WARNINGS ITEM QTY'S UNITS HATCH S.F. S.F. S.F. S.F. -- VERTICAL CURB & GUTTER S.F. L.F. 8 REMOVE VERTICAL & GUTTER S.F.--CROSSPAN TYPICAL RAMP 1A ASPHALT PATCH BACK S.F. TOTAL RAMP COUNT = 46 TOTAL RAMP COUNT = 46 -- -- 128 -- -- -- 40 INCLUDES REMOVAL OF EXISTING ASPHALT WIDTH = 1.5' (TYP.) CURB RAMPS SW Corner of Union Ave and Lincoln St 29 TYPE 1 ADA RAMP DETAIL -- Pa g e 1 3 7 o f 3 7 6 1600'0'800'400' VICINITY MAP CITY OF ENGLEWOOD COLORADO S ACOMA STREET DRAINAGE AREA IMPROVEMENTS PH 2 ULTEIG PROJECT NUMBER: 20.00611 SEPTEMBER 15, 2021 FINAL PLAN SET PROJECT ENGINEER ULTEIG 5575 DTC Parkway, Suite 200 Greenwood Village, CO 80111 720.873.5700 CONTACT: Luke Arnold, P.E. OWNER CITY OF ENGLEWOOD, CO 1000 Englewood Parkway Englewood, CO 80110 CONTACT: Tim Hoos S B R O A D W A Y W LAYTON AVE W UNION AVE W CHENANGO AVE S L I N C O L N S T S S H E R M A N S T S D E L A W A R E S T S G R A N T S T W GRAND AVE W TUFTS AVE 30 6' 4' Ramp Ramp Ramp Ramp Ra m p Ra m p Install ADA Pedestrian Ramp, 275 SF Install ADA Pedestrian Ramp, 275 SF Install ADA Pedestrian Ramp, 270 SF Install ADA Pedestrian Ramp, 270 SF Detectable Warnings (2'x4') Detectable Warnings (2'x4') E LAYTON S L I N C O L N N Inlet Ra m p Ramp Ramp RampRamp Ra m p Ra m p Flow Line Ra m p R a m p Ramp Inlet Note: BACK CURBS NOT SHOWN, BUT SHALL BE INSTALLED AS NECESSARY BEHIND LANDINGS AND RAMPS AS PART OF BID ITEM ADA RAMP. INSTALL ADA PEDESTRIAN RAMP (DEFINED LIMITS, TYP.) Ex. Utility Pole Ex. Utility Pole 5' 5' Sidewalk Transition, (typ.) Chase to Joint 10' Sidewalk Transition, Chase to Joint 10' Sidewalk Transition, Chase to Joint 4' Detectable Warnings (2'x4') Detectable Warnings (2'x4') Detectable Warnings (2'x4') Detectable Warnings (2'x4') Inlet Detectable Warnings (2'x4') Detectable Warnings (2'x4') Gutter (18") LAYTON AND LINCOLN ADA RAMP DETAIL Pa g e 1 3 8 o f 3 7 6 1600'0'800'400' VICINITY MAP CITY OF ENGLEWOOD COLORADO S ACOMA STREET DRAINAGE AREA IMPROVEMENTS PH 2 ULTEIG PROJECT NUMBER: 20.00611 SEPTEMBER 15, 2021 FINAL PLAN SET PROJECT ENGINEER ULTEIG 5575 DTC Parkway, Suite 200 Greenwood Village, CO 80111 720.873.5700 CONTACT: Luke Arnold, P.E. OWNER CITY OF ENGLEWOOD, CO 1000 Englewood Parkway Englewood, CO 80110 CONTACT: Tim Hoos S B R O A D W A Y W LAYTON AVE W UNION AVE W CHENANGO AVE S L I N C O L N S T S S H E R M A N S T S D E L A W A R E S T S G R A N T S T W GRAND AVE W TUFTS AVE Ramp Install ADA Pedestrian Ramp, 275 SF Detectable Warnings (2'x4') Ra m p R a m p Ramp Detectable Warnings (2'x4') 5' Sidewalk Transition, Chase to Joint Inlet 5' Sidewalk Transition, Chase to Joint E LAYTON S S H E R M A N INSTALL ADA PEDESTRIAN RAMP (DEFINED LIMITS, TYP.) N 6' 4'5' 4' Flow Line Gutter (18") 31 LAYTON AND SHERMAN ADA RAMP DETAIL Pa g e 1 3 9 o f 3 7 6 APPENDIX C: ENGLEWOOD STORMWATER WORKSHOP #1 MEETING MINUTES Page 140 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 1 MEMORANDUM TO: City of Englewood, MHFD FROM: OV Consulting DATE: February 15th, 2023 RE: Englewood Stormwater Workshop Meeting Notes – February 7th, 2023 EEnngglleewwoooodd SSttoorrmmwwaatteerr WWoorrkksshhoopp MMeeeettiinngg NNootteess On February 7th, the consulting team presented to the City of Englewood mapping of preliminary flood depth analysis by Dewberry, historic flood concerns and improvements, land use patterns, social economic concerns and critical infrastructure in a layered evaluation of establishing priorities for stormwater investment, and next steps in the study process. The workshop resulted in extensive conversation and identification of areas of concern warranting further investigation, namely north Englewood at the Denver border. Attendees: Tim Hoos – City of Englewood Rachel Grafman – City of Englewood Tyler Gelles – City of Englewood Danny Elsner - Dewberry Jon Villines – Mile High Flood District Jeff Batiste – Mile High Flood District Beth Vogelsang – OV Consulting Kat Hill – OV Consulting Meeting Notes: • Basin re-naming: o North-Central Englewood Basin will be renamed Bates-Logan Basin o South-Central Englewood Basin will be renamed Jason Park Basin • Englewood stormwater/flood education efforts: o Flow It Forward Campaign helped to explain utility rate increases to residents. Funding comes from combined bond measure and amounts to $30 million of S1, S2, S3 and S4. o City hired Tyler in November to help support stormwater planning efforts, including community outreach. o City also created a new Public Works webpage separate from utilities. Page 141 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 2 o Relying on Splash platform to conduct community education and will have big push in 2023. o EngleFix/Q-Alert/3-1-1 system helping to support reporting. • Current mitigation efforts: o Hospital project includes utilities, stormwater and complete streets along E Hampden. o Applied for HMGP FEMA grant for South Englewood – denied for unknown reasons. o S1 and S2 work cost $20 million and planned to include a tunnel and pond at Navajo. o No improvements to South-Central/Jason Park so far. o Council supports stormwater efforts and the community is cautiously optimistic. Council is educated on stormwater and often drives conversation. Flooding is buzzword in town and building upon this interest is possible. o Currently examining drainage on fire/police station sites due to reports of injury from ice. No formal drainage within 2 blocks of site. • Flood risk evaluation criteria feedback: o 1’ flood areas could be significant under certain rain events, and if homes are not floodproofed. Where is water flowing and is it entering homes? Basements? Does 1’ inundation align to reported flood locations? o No particular concerns about flooding of commercial property. o City requires 100-year stormwater detention plans for sites over 1 acre and detailed stormwater plans for sites over ½ acre. o Experiencing overflow in Southwest Greenbelt. o Need combination of 25-year infrastructure and 100-year alternative strategies that support budget and goals o Dry Gulch – Does Denver need to be involved? Current Denver funding is going towards floodproofing Logan Street o Potential consideration for industrial/hazmat sites Consultant Team Deliverables: • OV to map MDP recommendations for Dry Gulch & Little Dry Creek and any other relevant plans o Review 2017 Dry Gulch study by Matrix • Dewberry to consdier re-run of pluvial study for particular basins with recent improvements for minor and major storm events • Identify homes that are in high flood inundation areas • Identify homes within 1ft flood inundation areas – potential focused outreach • OV to Identify an approach to include equity considerations as criteria in prioritizing flood mitigation investment • OV to generate topography map • Change names of basins in future mapping • OV and Dewberry to update existing stormwater pipes map, including recent changes to S1 + S2. • OV to set next City/MHFD workshop in four-six weeks. Page 142 of 376 APPENDIX D: ENGLEWOOD STORMWATER WORKSHOP #2 MEETING MINUTES Page 143 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 1 MEMORANDUM TO: FROM: Kat Hill, Beth Vogelsang – OV Consulting DATE: May 10, 2023 RE: Englewood Stormwater Workshop #2 Meeting Notes – April 12th, 2023 EEnngglleewwoooodd SSttoorrmmwwaatteerr WWoorrkksshhoopp ##22 MMeeeettiinngg NNootteess On April 12th, the consulting team built upon the findings of Workshop #1 by expanding the review of flood vulnerability with the social vulnerability index, future development, and ADU zoning potential to finalize Englewood’s priority basins and begin the conversation of “next steps”. Attendees: Tim Hoos – City of Englewood Rachel Grafman – City of Englewood Tyler Gelles – City of Englewood Danny Elsner - Dewberry Jon Villines – Mile High Flood District Jeff Batiste – Mile High Flood District Beth Vogelsang – OV Consulting Kat Hill – OV Consulting Meeting Notes: 1. Workshop 1 Recap: Basins have been formally renamed as needed: Central basin is now Bates-Logan and South Central basin is now Jason Park. New Map created. 2. Topography Map: created by OV; team requested greater differential in coloring 3. New Prioritization Criteria: a. SoVI MHFD Tool i. Identified Little Dry Creek/Dartmouth, Yale Ave/Bi-City, and Big Dry Creek ii. Dartmouth/Inca confirmed by City staff as low priority 4. South Englewood Basin: Dewberry to re-run pluvial model with existing infrastructure a. Goal is to 1) understand which event causes the flood risk, 5, 10, 25, etc. and 2) illustrate that flood risk has been reduced as a result of city improvements before moving on to other basins. b. As part of communication, clarify that there is no channel capacity due to the pattern of the development c. Use the South Englewood Basin to assess what size pipes are worth including in model. d. Develop corresponding education programs for areas outside direct flood risk – Details TBD with Page 144 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 2 city staff e. Dewberry to coordinate with MBI 5. Dry Gulch: 100 year solutions have been provided in the 2017 FHAD. We need to consider smaller- scale improvements and/or 10-year floodproofing? Discussion will continue. a. Goal is to determine the optimum size of pipe to maximize risk reduction b. Concerns with accuracy of pipe information and consistency of flood complaints were raised for this basin. c. Need pipe network from MDP d. Do pipes run underneath homes? e. This area has CIP funding because of the previous master plan 6. Little Dry Creek: Discussion revolved around the MFHD watershed study currently underway to establish flows entering the culvert at Englewood City Center Mall. 7. Next Steps: a. Lead with South Englewood Model i. Identify the next priority for the city even if it is still South Englewood ii. Floodproof after 25 year improvements iii. Residual risk between 25 year and beyond – educate community that 100 year solution will not happen, tell community what risk reduction improvements we are doing. iv. Spend time moving forward coming up with solutions that are feasible v. Dewberry to provide approach for pipe abdication based on Michael Baker methodology b. Dewberry to send updated flows from Little Dry Creek to OV when available. c. Dry Gulch i. Dig deeper to answer questions from the preliminary concept phase ii. MHFD to submit new request for next year or MHFD to find budget that Englewood can match this year. Consultant Team Deliverables: • Updated Topo map • Dewberry to coordinate South Englewood efforts with MBI to re-run pluvial with improved pipe network • Dewberry to send updated flows from Little Dry Creek to OV (pending progress) • OV to develop draft Englewood Basin Prioritization technical memo Page 145 of 376 APPENDIX E: ENGLEWOOD STORMWATER WORKSHOP #3 MEETING MINUTES Page 146 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 1 MEMORANDUM TO: FROM: Kat Hill, Beth Vogelsang – OV Consulting DATE: July 25, 2023 RE: Englewood Stormwater Workshop #3 Meeting Notes – July 11th, 2023 EEnngglleewwoooodd SSttoorrmmwwaatteerr WWoorrkksshhoopp ##33 MMeeeettiinngg NNootteess On July 12th, the consulting team built upon the findings of Workshop #2 by expanding the review of flood vulnerability with flood hazard vulnerability classifications (HVC) as it applied to specific structures in priority floodplains. City staff updated the team on current infrastructure inventory assessments, and the project team established next steps for each of the priority basins. Attendees: Tim Hoos – City of Englewood Rachel Grafman – City of Englewood Tyler Gelles – City of Englewood Elianna Pattridge – City of Englewood Danny Elsner – Dewberry Colleen Johnson – Dewberry Claire Schreiber - Dewberry Jon Villines – Mile High Flood District Jeff Batiste – Mile High Flood District Beth Vogelsang – OV Consulting Kat Hill – OV Consulting Meeting Notes: 1. Workshop 2 Recap: Three established priority areas based on a variety of criteria: Dry Gulch, Little Dry Creek and South Englewood 2. New Prioritization Criteria – Flood Hazard Vulnerability Classification (HVC): a. Focused on H3-H5 classifications that emphasize life safety i. May want to consider H2 as car flooding was seen as a major issue by public 3. Dry Gulch: Major concerns seen upstream could be remedied by improvements at Barde Park or Packy Romans a. City has been making small-scale improvements to this area – upgraded grate sizes, small pipes b. In midst of inventory assessments for GIS database that can help inform improvements and conditions c. Property acquisition is not a politically-feasible option in this area d. Can parks be maintained as both detention and amenities? e. Concerns regarding small size of Packy Romans for detention; Parks just completed major improvements to this park f. How can we convert H4/H5 properties (structural damage) to only H3? g. Recent sinkhole at corner of Gaylord & Eastman had improper infrastructure. How can this area be incorporated into recommendations? h. Would like to keep all improvements to roadway and ROW Page 147 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 2 i. Is there a politically salient way to notify property owners of flood risk (similar to Denver’s approach)? How do we ensure this carries with the sale of property? 4. South Englewood Basin: HVC for this basin does not go above H4 in model (no pipe extractions) a. Dewberry to run pluvial for 10-year event with and without pipes based on updated as-builts 5. Little Dry Creek: HVC results show some H5, but none as a result of creek overtopping. This model does not account for overtopping of the culvert and grate as a result of debris. a. Dewberry is supporting ongoing pluvial study of Little Dry Creek to be completed this Fall b. John Voboril and Beth Vogelsang recently completed Englewood Parkway Multimodal Study and anticipate beginning the Little Dry Creek Alternatives Study late summer. Alternatives to daylighting Little Dry Creek (135’) will be explored. Scope is going to the EDDA board for approval in July and contract with City expected to in place in August. c. EDDA has TIF funding for amenity improvements within easement 6. Next Steps: a. Update hydrology for Little Dry Creek and South Englewood basins (to include Jason Park) b. Run HVC for roadways and trails c. Develop concurrent education and construction recommendations “wish list” for 10- and 25-year storm that helps the greatest number of people d. City staff requested exploration of other basins and related next steps. Consultant team to determine the path forward on this request. Consultant Team Deliverables: • Monthly Check-In Email from Consultant Team until next milestone meeting • Consultant team and MHFD to identify next steps in process • OV to submit draft tech memo to City covering rationale for priority basins and first steps • City of Englewood to complete GIS inventory assessment and share with Dewberry • Dewberry to complete South Englewood, Jason Park and Little Dry Creek pluvial models with pipe extractions • Dewberry to run HVC for all basins with layer for roadways and trails • MHFD to lead a discussion with Denver on detention at Wellington • Consultant team to conduct evaluation of key H4/H5 structures within Dry Gulch Floodplain Page 148 of 376 APPENDIX F: LDC HYDROLOGY & ENGLEWOOD MDP REVIEW MEETING MINUTES Page 149 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 1 MEETING NOTES TO: FROM: Beth Vogelsang, AICP, OV Consulting DATE: August 26, 2024 RE: LDC Hydrology & Englewood MDP Review Meeting, August 21, 2024 ATTENDEES: Little Dry Creek a. Danny/Dewberry went over the history of the Little Dry Creek ARAPCO Downstream of Holly Dam - Draft Baseline Hydrology Report and the analysis that brought us to the DRAFT report. b. Danny/Dewberry then went over each comment Tim/Englewood had on the initial DRAFT. There were two major items discussed: the change to the percent impervious from the previous study and the discussion of the Greenwood Gulch Bypass. Dewberry discussed the attached the figure for the Greenwood Gulch. c. After discussing each comment, it was agreed that additional documentation would be incorporated into the report to explain each comment in greater detail. Dewberry will edit the report text and also add the attached figure and a snippet of the FEMA effective floodplain for the area. The edits will have a focus on adding more detail to bring previous studies and decisions into the report and how Dewberry built upon those. Dewberry will send the revised DRAFT report to those in attendance, along with a highlighted version of the edits so the reviewers can focus on the changes to the text. d. Once the City/MHFD approve the changes to the DRAFT report, the Basin Hydrology Report will be finalized and will be available on the MHFD website. e. It was agreed that the next step for Little Dry Creek needs to be an Alternative Analysis, with a focus on how to reduce flow coming to Clarkson St and ultimately Englewood. Some ideas discussed in the meeting were understanding and maybe formalizing the inadvertent detention upstream of Clarkson, understanding and maybe formalizing any inadvertent detention along Greenwood Gulch and Little Dry Creek in open areas and golf areas, optimizing the Englewood High School Offline Detention, and perhaps understanding the storm event the box culvert at Englewood Civic Center can handle once all of the upstream alternatives occur. f. Beth/OV discussed the Englewood Civic Center planning document with respect to the existing culvert and the potential for an overflow path in certain areas of the redevelopment to help with flows overtopping the box culvert. It was discussed that the Alternative Analysis will need to have this potential redevelopment open space in mind with peak flows coming down Englewood. It was noted that not all of the Englewood Civic Center is being redeveloped so certain areas will need to be understood if peak flows occur. Page 150 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 2 g. ACTION ITEMS i. Dewberry to revise/supplement the current DRAFT Baseline Hydrology. ii. Dewberry to send the revised DRAFT Baseline Hydrology to all attendees (City/MHFD) for review, along with the comment responses and the Greenwood Gulch Bypass figure. iii. City/MHFD to review the DRAFT Baseline Hydrology and comment back to Dewberry. iv. Dewberry to finalize the Baseline Hydrology Report. v. City/MHFD/Dewberry will present to City Council (with the Englewood Master Plan) the changes to Little Dry Creek peak flows. vi. MHFD to start an IGA on the Alternative Analysis with Englewood. Englewood Master Plan a. Beth/OV and Danny/Dewberry summarized the history of the Englewood Master Plan. b. Beth/OV discussed how the prioritization of the basin occurred through looking at multiple items of the Englewood area. c. The three basins that were identified in the report as the highest priority considering all the items discussed were Little Dry Creek, Dry Gulch, and South Englewood. d. There was some discussion on some of the previous analysis on the Baseline Hydrology, Pluvial Flooding, and the Hazard Vulnerability Classification that occurred during the study for the three basins, each at different levels based on the current status of each basin. e. City noted that each figure, especially those showing the pluvial flooding, need to document that they don't reflect current improvements the City have installed. f. Beth/OV discussed next steps regarding sending out the DRAFT report for review by City/MHFD. g. A schedule for review comments was discussed, with the goals of confirming the edits by DATE, present to City Council the results (with the Little Dry Creek update), then finalize and have MHFD Board Adoption, estimated to be by January 2025. h. ACTION ITEMS i. OV to send the DRAFT Englewood Master Plan for review to all attendees (City/MHFD). ii. City/MHFD to review the DRAFT Englewood Master Plan and comment back to OV. iii. All attendees will meet to discuss the comments and complete the DRAFT Englewood Master Plan. iv. City/MHFD/OV/Dewberry will present to City Council (with the Little Dry Creek Update) the results and prioritization of basins recommended in the report. v. OV to finalize the DRAFT Englewood Master Plan based on City Council comments. vi. MHFD to present the FINAL Englewood Master Plan to MHFD Board for adoption. Page 151 of 376 OV Consulting | 1200 Bannock Street | Denver, CO 80204 3 Possible Next Steps a. Jen/MHFD discussed possible options moving forward beyond the Little Dry Creek Baseline Hydrology and the Englewood Master Plan b. The group had already agreed to start the Alternatives Analysis for Little Dry Creek. c. Jen/MHFD discussed two Capital Improvement Projects, South Englewood and Dry Gulch currently, showing the current funding saved between MHFD and Englewood for each. There was some discussion on South Englewood as there have been significant improvements by Englewood in the area, so a possible review/update of the potential flooding in Englewood could occur to confirm the severity. MHFD/City will work on an IGA for both CIPs, if appropriate and begin Consultant Selection. d. An additional discussion occurred regarding the recommendation in the Englewood Master Plan of a stepping stone for Englewood's improvements be the 25-year event and removing structures from at least an HVC-3 level as shown in the memorandum. e. Jen/MHFD discussed Floodplain Mapping and Management next for the results of both Little Dry Creek and the Englewood Master Plan. Jen/MHFD showed the three levels of possible mapping: from FEMA mapping, to state mapping, to local mapping. Jen/MHFD discussed the pros and cons of each. A discussion regarding Little Dry Creek occurred as it is already at the FEMA level and most likely could not be moved to a lower level. f. ACTION ITEMS i. City/MHFD to work on IGAs for the two possible Capital Improvements Projects and begin Consultant Selection for each. ii. Jen/MHFD to set up a meeting between MHFD/City to continue to discuss mapping options for each basin and next steps. Page 152 of 376 STUDY SESSION TO: Mayor and Council FROM: Hilarie Portell DEPARTMENT: Downtown Development Authority DATE: March 10, 2025 SUBJECT: EDDA South Broadway Design Guidelines DESCRIPTION: Hilarie Portell, Executive Director of the Englewood Downtown Development Authority (EDDA) will present an overview of the South Broadway Design Guidelines. RECOMMENDATION: EDDA requests city council provide input and schedule a first reading on a proposed ordinance for the South Broadway Downtown Design Guidelines. PREVIOUS COUNCIL ACTION: The city council, on October 2, 2023, approved by motion the Englewood Downtown Development Authority 2024 Budget. The South Broadway Public Realm Action Plan project was included in the EDDA's 2024 Budget. The EDDA presented preliminary South Broadway Public Realm Action Plan designs and discussed the design guidelines project with City Council at a study session on August 26, 2024. The city council, on October 7, 2024, approved by motion the Englewood Downtown Development Authority’s 2025 Budget. The South Broadway Public Realm Action Plan project was included in the EDDA’s 2025 Budget. The EDDA presented preliminary South Broadway Public Realm Action Plan designs and proposed design guidelines to the Englewood Planning and Zoning Commission on March 4, 2025. SUMMARY: The purpose of this presentation is to 1) introduce the city council to the South Broadway Public Realm Action Plan, and 2) present proposed design guidelines for city council's consideration for adoption. For purposes of this project, the South Broadway Public Realm is defined as South Broadway between Little Dry Creek and Eastman Avenue, and Acoma Street to Lincoln Street, as shown in Exhibit A of the South Broadway Design Guidelines for the Englewood Downtown District document. Page 153 of 376 ANALYSIS: The EDDA Board of Directors prioritized improvements to the South Broadway Public Realm in 2021, in accordance with recommendations in the Englewood Downtown Plan, which recommends supporting the local identity in the area as a traditional main street. The blocks within the South Broadway Public Realm are Englewood’s traditional main street and first impression for many of the Downtown area. This area is also characterized by locally owned businesses, older buildings and historic points of interest. There is increasing market interest in relocating businesses, renovating older buildings and possible redevelopment of properties in this area. The South Broadway Public Realm Action Plan project, kicked off in late 2023, is designed to do the following: Undertake 30% design planning for streetscape improvements to South Broadway from Old Hampden to Eastman Avenue to strengthen local identity and create a more welcoming, safe and accessible main street for people living, working, visiting and investing in the area. Create a “360-degree main street” that supports activation and programming in alleys and other underutilized spaces to attract customers and support local business growth and retention. Implement two pilot projects to provide short-term programming and demonstrate the value of activating underutilized spaces. Prepare design guidelines to encourage adaptive reuse of older buildings, future development and activation consistent with the community’s vision for the South Broadway subarea, as set forth in the Englewood Comprehensive Plan, Englewood Downtown Plan and South Broadway Public Realm Action Plan. The design guidelines, created in collaboration with city staff and informed by community stakeholders, are reasonable and not overly restrictive. City staff would administer them as part of the standard site plan and project review process. City staff is willing and authorized to do so. Importantly, design guidelines help attract businesses and developers who are attracted to our local vision and want to be part of it. COUNCIL ACTION REQUESTED: EDDA requests city council provide input and schedule a first reading on a proposed ordinance for the South Broadway Downtown Design Guidelines. FINANCIAL IMPLICATIONS: None CONNECTION TO STRATEGIC PLAN: The EDDA has submitted its 2024 and 2025 Operational Plans as plug-in plans to the City of Englewood’s Strategic Plan. The South Broadway Public Realm Action Plan and proposed design guidelines support many goals in the Strategic Plan: Page 154 of 376 Safety Improve the safety of the public realm Increase energy-efficient lighting Transportation Design for safer crosswalks and traffic calming Enhance walkability, accessibility and bicycle travel Economy Support vibrancy in the South Broadway corridor through physical improvements and opportunities for outdoor activation. Support small business growth and retention Attract new business investment Community Engagement Provide broad public information and engagement opportunities to inform project planning Community Wellbeing Promote beautification and cleanliness in the public realm Enhance placemaking and engagement Plan for integrated, place-based public art Planning, designing, and creative use of South Broadway sidewalks, paseos, and alleys Initiatives and programs to encourage public arts and culture Sustainability Increase tree canopy on city-owned property Plan for low-water, native plantings Support city waste and recycling programs Plan for energy-efficient lighting Community engagement Events to bring the community together and enhance sense of belonging OUTREACH/COMMUNICATIONS: There has been extensive community outreach to seek feedback and inform project planning, including: Englewood Engaged project page Citizen Magazine articles Print and electronic newsletters reaching 3,900 community members Social media posts reaching 7,433 community members Community online survey yielding 630 responses Door-to-door outreach to 70 businesses Two open houses attended by 40 business and community members Table tents at restaurants and bars Pop-up engagement at the Englewood Block Party Three advisory groups: a 22-member stakeholder group, a city staff technical advisory group and the EDDA Board of Directors. Page 155 of 376 ATTACHMENTS: 1. South Broadway Design Guidelines 2. Letters of Support 3. Presentation Page 156 of 376 RESOLUTION NO. 2 SERIES OF 2025 A RESOLUTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING APPROVAL OF THE SOUTH BROADWAY DESIGN GUIDELINES FOR THE ENGLEWOOD DOWNTOWN DISTRICT WHEREAS, the South Broadway Public Realm Action Plan project contemplates adoption of design guidelines, which must be presented to the City of Englewood Planning & Zoning Commission and adopted by the City of Englewood City Council to be in effect; WHEREAS, the proposed South Broadway Design Guidelines for the Englewood Downtown District prepared by Studio Seed Urban Design + Planning are accessible here; WHEREAS, as a champion of the community vision for South Broadway set forth in the Englewood Comprehensive Plan and the South Broadway Public Realm Action Plan, and as the steward of the Englewood Downtown Plan, the EDDA Board has reviewed with interest the proposed South Broadway Design Guidelines for the Englewood Downtown District; and WHEREAS, after review, the Board is pleased to support the proposed South Broadway Design Guidelines as a tangible way to further implement the community vision of the Englewood Downtown Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AS FOLLOWS: Section 1. The Board finds the proposed South Broadway Design Guidelines are a reasonable and tool for welcoming new building renovations and development and believes the proposed South Broadway Design Guidelines will help attract businesses and developers who appreciate and will further the community's vision for Downtown Englewood. Section 2. As such, the Board hereby recommends approval of the South Broadway Design Guidelines for the Englewood Downtown District as a useful tool for welcoming new building, renovations, and development in Downtown Englewood and as consistent with the community vision in the Englewood Downtown Plan. ADOPTED AND APPROVED this 22nd day of January 2025. __ Blake Calvert, Chair ATTEST: _________ Hilary Graham, Secretary Page 157 of 376 I, Hilary Graham, secretary for the City of Englewood Downtown Development Authority hereby certify the above is a true copy of Resolution No. 2, Series of 2025. __ Hilary Graham, Secretary Page 158 of 376 Greater Englewood Chamber of Commerce 3501 S Broadway 2nd floor Englewood, CO 80113 303-789-4473 www.myenglewoodchamber.org Dear Members of the Planning & Zoning Commission and City Council, On behalf of the Greater Englewood Chamber of Commerce, we are pleased to offer our full support for the South Broadway Design Guidelines Project. The efforts and vision of the Englewood Downtown Development Authority have been widely embraced by both local business owners and community members, and we are excited to see how these plans will shape the future of our downtown. The Chamber has a deep interest in Englewood’s future and recognizes the critical need for a vibrant, welcoming downtown area. These proposed improvements are essential to retaining and growing our existing businesses while attracting new ones to the region. We believe these guidelines will help foster a thriving commercial district for years to come. South Broadway is a unique and beloved part of our community. As the original downtown of Englewood, it is home to a large number of local businesses and holds a special place in the hearts of residents. This area exudes a small-town feel that many people appreciate and cherish. The proposed plans ensure that this character is not only preserved but celebrated, while still allowing for thoughtful development. The plans strike a careful balance between encouraging development and preserving the qualities that make South Broadway special. New investments are already taking place on South Broadway, and we welcome the continued renovation and development of buildings. These guidelines—reasonable and not overly restrictive—will play a crucial role in attracting businesses and developers who align with our vision for the area and want to be part of Englewood's ongoing growth. The Chamber has a deep interest in Englewood’s future and recognizes the critical need for a vibrant, welcoming downtown area. These proposed improvements are essential to retaining and growing our existing businesses while attracting new ones to the region. We believe these guidelines will help foster a thriving commercial district for years to come. Thank you for your time and consideration, Sincerely, Lindsey Runyan Executive Director Greater Englewood Chamber of Commerce Page 159 of 376 Matt Crabtree Historic Englewood 1000 Englewood Pkwy Englewood, CO 80110 February 18, 2025 Subject: Letter of Support for South Broadway Design Guidelines On behalf of Historic Englewood, we are pleased to offer our support for the South Broadway design guidelines project. South Broadway is not only the heart of our historic downtown but also remains a vital part of our community. We are happy to see the Englewood Downtown Development Authority (EDDA) working to preserve and enhance the unique character of this important corridor. South Broadway is home to numerous historic buildings, landmarks, and long -standing businesses that contribute to the diverse and distfnctfve character of Englewood. The proposed guidelines help implement the community’s vision for the downtown sectfon of South Broadway as set forth in the Englewood Comprehensive Plan, Englewood Downtown Plan, and the South Broadway Public Realm Actfon Plan. They reinforce traditfonal main street characteristfcs, encourage the adaptfve reuse of older buildings, and promote the enhancement of original materials and details. By integratfng historic elements into new design, these guidelines ensure that the district’s rich heritage is preserved while fostering thoughtiul growth and development. Importantly, these efforts will support small and local businesses, enhance walkability, and strengthen the sense of community in this district—qualitfes that have been the backbone of South Broadway since its inceptfon. In Englewood, historic preservatfon has not always been a city priority. Over the years, city-led development efforts have often favored large-scale redevelopment projects over the needs of local businesses, divertfng attentfon to City Center and "big box" stores rather than our Main Street. We are encouraged to see the EDDA’s plan refocusing attentfon on South Broadway and highlightfng its unique charm and historical significance. Historic Englewood supports the adoptfon of these design guidelines and urges the Planning & Zoning Commission and the City Council to approve them. We appreciate the opportunity to contribute to this important initfatfve and look forward to seeing South Broadway thrive for generatfons to come. Sincerely, Matt Crabtree President, Board of Directors Historic Englewood Mjcrabtree21@gmail.com Page 160 of 376 Page 161 of 376 February 24, 2025 On behalf of Vibrant Englewood, we offer our support for the Englewood South Broadway Design Guidelines. Vibrant Englewood is a new community organization on a mission to bring people together to support policies and ideas that make Englewood a great community to live, work, shop, play, and grow. We believe these Guidelines will make the corridor between Englewood Station and the Wellness District more appealing, active, and welcoming, drawing both Englewood residents and visitors from beyond our city. Below are our reasons for support followed by recommendations to further strengthen South Broadway as a thriving destination that benefits businesses and builds community. Why We Support the Guidelines 1 Designs We Can Be Proud Of The Guidelines support high-quality architecture, alley improvements, and unique features that give Englewood a distinct personality and establish our city as a memorable destination. 2 Vibrant, People-Friendly Spaces We appreciate the emphasis on wider sidewalks, outdoor dining, and other “third spaces” that encourage spontaneous social interaction. Activating alleys and mid-block paseos also enrich the pedestrian experience, creating unique nooks and gathering spots that draw people in. Together, these improvements invite neighbors and visitors to linger, explore, and support local shops while forming stronger community bonds. 3. Safety Through Design We appreciate the attention given to slowing vehicle speeds and improving pedestrian infrastructure, most notably the idea of a mid-block crossing near the 3200 block of South Broadway. This would connect mid-block passageways, reduce long distances between safe crossings, and encourage drivers to be more mindful of pedestrians. Together with carefully planned sidewalks, lighting, and potential curb extensions, these measures help ensure everyone feels safe and comfortable spending time in Englewood’s core. 4. Park and Festival Street Activation We support efforts to revitalize Little Dry Creek and its adjacent park, which is currently underused. Making this space more inviting will encourage neighbors and visitors to gather, benefiting both community life and local businesses. Completing the trail connection to the South Platte River adds a new activity to the area, allowing families to bike, shop, and dine in one outing; right now, that loop is not feasible. Transforming West Hampden into a festival street will also create a versatile setting for everything from large celebrations to casual weekend markets, giving people more reasons to stop Page 162 of 376 and enjoy. Meanwhile, activating nearby alleys supports smaller businesses by creating safe, pedestrian-friendly pathways, a strategy that has worked well in other towns. Altogether, these improvements will entice more people to explore and linger in our area, strengthening both our community and local economy. Recommendation: Repurpose Some On-Street Parking for Pedestrians, Quick Drop-Offs, and Traffic Calming Although a busy store might have only one or two on-street spaces in front, those spaces can be monopolized by the first person to arrive, even though there is already plenty of off-street parking nearby. Often, these lots are hidden from South Broadway, and better signage could help direct drivers to the available public parking. Converting part of this curb space into wider sidewalks, curb extensions, or short-term drop-off areas benefits more people overall: 1 Welcome More Patrons Additional sidewalk seating can accommodate a larger number of diners or shoppers, rather than one or two parked cars. This boosts foot traffic and helps local businesses prosper. 2 Calm Traffic While Supporting Pedestrians Curb extensions naturally slow vehicles, making the street safer and more welcoming. When drivers move at a gentler pace, pedestrians feel comfortable strolling, shopping, and dining—ultimately building community and sustaining local stores. 3 Improve Accessibility Short-term drop-off zones allow rideshares, deliveries, and those who need to walk shorter distances to come and go easily, rather than competing for a single curbside spot. By embracing these Guidelines, South Broadway can become a safer, more engaging, and more vibrant destination that draws both residents and visitors, benefiting local businesses and strengthening our sense of community. We are excited about this vision and look forward to seeing it realized. Thank you for all your efforts to make this important part of Englewood an even better place to be. Vibrant Englewood Page 163 of 376 February 13, 2025 Dear Ms. Portell, On behalf of Brewability, I am pleased to offer our strong support for the proposed South Broadway Design Guidelines. As a business dedicated to inclusivity and accessibility, we recognize the critical importance of creating a main street environment that is welcoming, safe, and truly accessible for all individuals, regardless of age or ability. Brewability is built on the foundation that every person, including those with intellectual and developmental disabilities, should have meaningful employment and an inclusive space to enjoy their community. We applaud the thoughtful approach taken in shaping these guidelines, incorporating input from individuals with disabilities, business leaders, and accessibility advocates. It is heartening to see universal design principles and frameworks like the Six Feelings Framework for Autism-Friendly Spaces incorporated into the planning process. The accessibility-focused elements of the guidelines will have a direct and profound impact on community members we serve daily. Features such as accessible building entrances, universal signage, wide and obstruction-free sidewalks, consistent ground paving, and universally designed outdoor spaces will ensure that South Broadway is easy to navigate and safe for all patrons, including those who use wheelchairs or other mobility devies, have sensory sensitivities, or require additional support when engaging with their environment. Furthermore, the proposed South Broadway Public Realm Action Plan introduces critical traffic-calming measures, such as bulb-outs at intersections and button extenders for mid-block crossings. These elements will enhance pedestrian safety and promote independence for individuals with disabilities who need additional time or assistance when navigating crosswalks. For a community to thrive, it must be accessible to all who wish to engage with it. By adopting these guidelines, Englewood will set an important precedent for how cities can create truly inclusive public spaces. Brewability is proud to stand in support of this initiative, and we encourage the Planning & Zoning Commission and City Council to adopt these guidelines without hesitation. Thank you for your continued efforts in making Englewood a model of accessibility and inclusion. Please do not hesitate to reach out if we can provide further insight or support. Sincerely, Tiffany Fixter M.Ed. Morgan Forsyth Founder & Owner Operator Director of Innovation Brewability Brewability Page 164 of 376 Letter of support proposed South Broadway Design Guidelines. I am a blind senior who lives on Old Hampden and Sherman. I moved here from my Habitat for Humanity home (Vassar and Tejon area) eight years ago for the purpose of walking to grocery stores, the bank, and restaurants independently-without the assistance of friends and family. I love walking the streets of Englewood with my Seeing Eye dog. With that said, according to the trainers at the Seeing Eye Inc., in Morristown, New Jersey, “Englewood has the worse pedestrian crossings in the country.” When I heard of the opportunity to get involved with this project, I jumped on board. I did this for my own safety plus the safety of others with disabilities and seniors who live in the area. And, wouldn’t it be nice to be recognized as having the best crossings in the country, instead of the worse? I’m excited to be part of the proposed guidelines to support a traditional main street that is welcoming, safe and easier for everyone to get around, regardless of age or ability. Did you know 14% of Englewood’s community members live and walk our streets with disabilities? In particular, I’ve advocated for: 5-6’ wide accessible route on sidewalks, free and clear of obstructions Sidewalk paving with a consistent ground plane Street trees with grates flush with the ground-no tripping hazard or obstacle for wheelchairs or blind Bulb-outs at lighted intersections to enhance pedestrian visibility to oncoming traffic A s hortened crossing distance for those who need more time to get across the street. Overall traffic calming In addition, important to me were and are: #1. Hawk lights at Sherman and Old Hampden to enable getting across the street without always going to Logan or Broadway to cross. #2. Aligned accessible cross walks. #3. Out bumps to slow the traffic and to make pedestrians more visible. Many times, I’ve feared for my life and the life of my guide dog crossing Old Hampden. I’m praying that this design and project will enhance my life and that of seniors and others with disabilities who live in the area for years to come. This is not only the right time for this project, it is the right thing to do for our community. Though my thoughts are slanted towards blind people, all people, regardless of their abilities, will benefit enormously from these improvements and enhancements. Infinite Blessings Gail Hamilton 3500 S Sherman Street, #143 Englewood, CO 80113 (720) 377-7682 gail@SoaringIntoGreatness.com Page 165 of 376 February 19, 0225 To whom it may concern: I’m writing to express my support for the EDDA’s Design Guidelines. I truly appreciate the care and thoughtfulness that went into these guidelines—they reflect the spirit of our community. Since 2019, they have been meeting and listening to many businesses and neighbors about how much they love our main street. Especially how much they admire its walkability, the unique storefronts, and that unmistakable, funky vibe that sets Englewood apart. Many in our community have shared concerns about the new development just north of South Broadway. There’s a real fear that our beloved main street might lose its unique character and become too “Denverized.” We all want South Broadway to remain distinctly Englewood, much like the charming streets in Golden, Fort Collins, and other similar cities. I believe these guidelines offer a balanced path forward—preserving what makes our downtown special while welcoming new investments in a way that honors our history and identity. I believe they’re designed to ensure that South Broadway remains a vibrant, safe, and accessible space for everyone. Thank you for considering this vision for our community. I look forward to continuing to work together to keep South Broadway as the heart and soul of Englewood. Warm regards, Trace Brummet Tracey Brummett Director of ZAG Project/One Good Turn/Cafe 180 3315 South Broadway Englewood, CO 80113 Page 166 of 376 In Support of Downtown Englewood Design Guidelines Dear Council, As an Englewood resident, business owner, and professional designer, I fully support the adoption of the proposed design guidelines for the Englewood Downtown District. In my experience studying human interaction with and designing retail spaces, digital experiences, and interactive furniture, I’ve found a few things to be true: Constraints are good for designers 1. Style guides / design guidelines / visual design languages (many names for quite similar documents) serve to jumpstart design and building projects, saving time and effort as compared to projects started from zero. 2. Designing with accessibility and inclusion in mind makes things better for everyone involved. 3. While no design guidelines or government policy will be perfect, the document that Hilarie and her team have created are as close as I would expect, and quite honestly even better than I may have hoped. The thoughtful combination of time-tested and scientifically-based design principles (ex: Six Feelings Framework and Seven Principles of Universal Design), community engagement and feedback, and consideration for what makes, and will make, Englewood unique, makes me confident and excited about the direction businesses like mine and others will take downtown Englewood moving forward. As a relatively small town with limited budget and an intentionally rotating cast of elected and appointed leaders, I believe that the existence of design guidelines for downtown Englewood will do two things that I’m grateful for: Maintain a consistent visual and experiential style for downtown Englewood even after we’ve elected new councils and other related boards. 1. Save time and effort for our elected and appointed leaders when they consider new development proposals, by giving them a starting point rubric for evaluation. 2. Thank you for everything you do for our town, including and beyond the downtown revitalization efforts. Ryan Kelly Principal Hum Furniture Page 167 of 376 PUBLIC REALM ACTION PLAN CITY COUNCIL STUDY SESSION 03.10.25 Pa g e 1 6 8 o f 3 7 6 February 5, 2025 “New shops, diverse experiences and trusted staples make the South Broadway area of Englewood worth exploring. Drive south about seven miles from downtown Denver on Broadway and you’ll hit downtown Englewood — a charming block of shops, restaurants and bars. Although the historic part of town was once a neighborhood of abandoned storefronts, it's now booming back to life with new businesses.” Pa g e 1 6 9 o f 3 7 6 AGENDA 1. PROJECT PURPOSE 2. ENGAGEMENT PROCESS 3. PILOT PROJECTS 4. STREETSCAPE 5. DESIGN GUIDELINES Pa g e 1 7 0 o f 3 7 6 3 • 3 GOLDEN, CO ARVADA, CO BOULDER, CO LAFAYETTE, COLITTLETON, COFORT COLLINS, CO PROJECT PURPOSE This project seeks to enhance Downtown Englewood’s identity and authenticity! Pa g e 1 7 1 o f 3 7 6 PROJECT PURPOSE ALIGNMENT WITH ENGLEWOOD COMPREHENSIVE PLAN: •Building on node around Gothic Theater and build mid-block crossing. •Create master plan for Downtown that enhances streetscape. •Reinforce link between CityCenter and Downtown. •Enhance Broadway corridor as neighborhood amenity. •Enhance alleys to spur economic development and activate blocks. •Attract neighborhood-serving retail along Broadway. Pa g e 1 7 2 o f 3 7 6 PROJECT PURPOSE ALIGNMENT WITH ENGLEWOOD DOWNTOWN PLAN (STREETSCAPE): •Enhance streetscape along S. Broadway that supports local identity. •Enhance lighting along primary pedestrian streets and parking access points, especially S. Broadway. •Work on renovation of creek and plaza improvements. •Create high-quality gateways at strategic locations. •Support downtown identity through unifying elements in streetscape design. •Support local art community with art-focused events and locations for public artworks within Downtown. Pa g e 1 7 3 o f 3 7 6 PROJECT PURPOSE ALIGNMENT WITH ENGLEWOOD DOWNTOWN PLAN (DESIGN GUIDELINES): •Leverage & strengthen S. Broadway’s authentic feel. •Promote active edge/ground floor use guidelines along primary pedestrian streets. •Encourage compact redevelopment models that promote walkability. •Investigate possible enhancements to existing zoning and regulatory tools with urban design guidelines or overlay districts. •Ensure new development includes active, transparent uses at the ground floor. •Establish lower building height limits along S. Broadway to preserve views and sunlight while maintaining small-town character. Pa g e 1 7 4 o f 3 7 6 PROJECT PURPOSE <$75k Household Income62% Have no vehicle14% City’s population living with disability13% >55 yrs.26%<19 yrs.16%20-44 yrs.48% Age: Nearby Craig Hospital has 200-300 patients per year in rehabilitation services An overarching theme for the project is Universal Design THERE IS A NEED FOR A SAFE, ACCESSIBLE MAIN STREET Pa g e 1 7 5 o f 3 7 6 ENGAGEMENT PROCESS OC T O B E R NO V E M B E R DE C E M B E R JA N U A R Y FE B R U A R Y MA R C H AP R I L MA Y JU N E JU L Y AU G U S T SE P T E M B E R OC T O B E R NO V E M B E R DE C E M B E R JA N U A R Y FE B R U A R Y MA R C H Walk and Wheel Tour (PAG #1) Project Advisory Group #2 EDDA Board #1 Online Survey (Public #1) Public Workshop & Business Owner Meetings (Public #2) EDDA Board #2 Project Advisory Group #3 Block Party (Public #3) City Council EDDA Board #3 EDDA Board #4 Project Advisory Group #4 Planning Commission City Council Readings PR O J E C T A W A R D E D PR O J E C T C L O S E -OU T Check-ins with city staff from various departments occurred throughout the project as-needed Pa g e 1 7 6 o f 3 7 6 ENGAGEMENT PROCESS 631 Respondents: •Unique Identity •Lighting •Safety •Noise •More space for people/dining •Trees •Public Art •Cleanliness •Reuse old buildings Pa g e 1 7 7 o f 3 7 6 ENGAGEMENT PROCESS Pa g e 1 7 8 o f 3 7 6 ENGAGEMENT PROCESS Pa g e 1 7 9 o f 3 7 6 PILOT PROJECTS FLOWER POP ALLEY W. HAMPDEN FESTIVAL STREET Pa g e 1 8 0 o f 3 7 6 STREETSCAPE Accessible RouteAmenity Bldg./Café Zone TYPICAL CONDITION includes small space for bistro sets, sandwich signs, sales racks, planters, etc. adjacent to building with clear and straight accessible route and ample space for trees, lights, and other amenities adjacent to the curb. Pa g e 1 8 1 o f 3 7 6 STREETSCAPE Accessible Route Amenity Café Dining TO ACCOMMODATE MORE SIDEWALK DINING IN CERTAIN LOCATIONS the space adjacent to the building can be expanded to accommodate four-top tables/chairs and a railing. Design guidelines will dictate railing design and maintaining clear accessible route around the dining area. Pa g e 1 8 2 o f 3 7 6 STREETSCAPE FLOWER POTS BIKE RACKS •Replace existing pots with larger, colorful pots •Repurpose flower sculptures together in one big public art piece somewhere on the corridor. •Replace (or repurpose) green bike racks (not on S. Broadway) •Incorporate more modern design that takes up less space (like in paseo) •Can incorporate “color pop” to add to identity •Consider E-bike charging stations?? (they ARE the future…) SEATING •Customized seat walls •Integrated seat wall benches •Colorful Bistro Sets •Standard (but unique) benches X “TRADITIONAL WITH A TWIST” Pa g e 1 8 3 o f 3 7 6 STREETSCAPE EXISTING Pa g e 1 8 4 o f 3 7 6 STREETSCAPE PROPOSED Pa g e 1 8 5 o f 3 7 6 DESIGN GUIDELINES Our Peer Communities have Design Guidance for Their Downtowns: GOLDEN, CO BOULDER, CO FORT COLLINS, CO Golden - “Downtown Standards and Guidelines” Boulder - “Downtown Urban Design Guidelines” Fort Collins - “Old Town Design Standards” ARVADA, CO LAFAYETTE, CO LONGMONT, CO Arvada - “Design Guidelines for Olde Town Arvada” Lafayette - “Downtown Architectural Standards for URA” Longmont - “Design Guidelines for Longmont’s Alleys” Pa g e 1 8 6 o f 3 7 6 DESIGN GUIDELINES Why does South Broadway need Design Guidelines? Zoning Standards: •ABSOLUTE / MEASURABLE – “shall” •Max. building heights; % of transparency; % open space; etc. Design Guidelines: •ASPIRATIONAL / ADDITIONAL DETAIL – “should” •Respond to historic patterns; appropriate design details/elements; etc. Pa g e 1 8 7 o f 3 7 6 DESIGN GUIDELINES PURPOSE OF THE DESIGN GUIDELINES: •To convey the community’s vision of Englewood’s “main street” as supported in the Comprehensive Plan and Downtown Plan. •To support and enhance the unique main street identity while accommodating new investment. •Intended to be a tool to guide best practices – not a barrier to new investment. •Document is short, concise, graphically appealing, and easy to use. •Reasonable directives – not onerous. •Success of the guidelines will be monitored over time and may be updated, as necessary. Pa g e 1 8 8 o f 3 7 6 DESIGN GUIDELINES HOW THEY WILL WORK: •Design Guidelines document will be inserted into the city’s development review process. •Development application checklist will include Design Guidelines checklist for all applicable projects. •If guidelines apply to a project, they should be followed. •If they cannot be met – due to excessive cost or other hardship – it must be proven. •Community development department will review and approve guidelines with other relevant requirements. •DDA will be consulted and serve as an advocate. PROJECT TYPE # O F G U I D E L I N E S T H A T A P P L Y CHANGE OF USE ADDING A PATIO EXTERIORRENOVATION NEW DEVELOPMENT Pa g e 1 8 9 o f 3 7 6 DESIGN GUIDELINES 1 - INTRODUCTION & INTENT: •General intent of DGs •What projects apply and where •What other documents to reference •Compliance and process •Checklist Pa g e 1 9 0 o f 3 7 6 DESIGN GUIDELINES 2 - SOUTH BROADWAY’S SIGNIFICANCE: •History of Englewood’s “main street” •Notable buildings and places •Main Street characteristics •What it’s like today Historic Englewood “Downtown Tour” was used to create map Pa g e 1 9 1 o f 3 7 6 DESIGN GUIDELINES 3 - SOUTH BROADWAY’S FUTURE VISION: •Inclusive Design •Overarching Design Principles •Future Design Considerations Pa g e 1 9 2 o f 3 7 6 DESIGN GUIDELINES 4 - GUIDELINES FOR SITE DESIGN & ACTIVATION: •Accessible and Inclusive Design •Streetscape Design •Outdoor Dining •Off-Broadway Activation •Parking and Trash •Public Art Pa g e 1 9 3 o f 3 7 6 DESIGN GUIDELINES 5 - GUIDELINES FOR EXISTING AND NEW BUILDINGS: •Street-Level Activation •Modifications to Existing Buildings •Building Massing and Scale •Materials and Color Pa g e 1 9 4 o f 3 7 6 DESIGN GUIDELINES S. BROADWAY ALLEY SIDEWALK PROJECT TYPE: Interior Renovations Guidelines DO NOT Apply Pa g e 1 9 5 o f 3 7 6 DESIGN GUIDELINES S. BROADWAY ALLEY SIDEWALK PROJECT TYPE: New Awning and Signage Pa g e 1 9 6 o f 3 7 6 DESIGN GUIDELINES S. BROADWAY ALLEY SIDEWALK PROJECT TYPE: Adding Outdoor Dining Whichever one applies Only if applicable If on sidewalk Pa g e 1 9 7 o f 3 7 6 DESIGN GUIDELINES S. BROADWAY ALLEY SIDEWALK PROJECT TYPE: Major Renovation or Addition Only if applicable Pa g e 1 9 8 o f 3 7 6 DESIGN GUIDELINES S. BROADWAY ALLEY SIDEWALK PROJECT TYPE: New Construction Only if applicable Pa g e 1 9 9 o f 3 7 6 OTHER TESTIMONIALS “You can definitely see that this neighborhood’s on the upswing. It kind of feels like maybe this could become the next Tennyson, or that kind of shopping district.” - Nick Perry (Edward’s Pipe & Tobacco Shop) “It feels good here – cleaner and friendlier. Denver couldn’t care less that we’re leaving Santa Fe Arts District. Englewood couldn’t be more welcoming.” - Nicole Korbe (EASEL) “This is a double rainbow day. You’re doing everything we like to do as a business.” - Jim Norris (Mutiny Information Cafe) “We want to be like Englewood!” - Owner of Joy Hill on South Broadway in Denver’s Overland Neighborhood. Pa g e 2 0 0 o f 3 7 6 NEXT STEPS 1. Design Guidelines Approval Process 2. Festival Street Pilot Project Implementation 3. Final Design of Streetscape Pa g e 2 0 1 o f 3 7 6 1South Broadway Design Guidelines South Broadway Design Guidelines FOR THE ENGLEWOOD DOWNTOWN DISTRICT January 2025 Page 202 of 376 2 South Broadway Design Guidelines Contents 1 - Introduction & Intent 1 2 - South Broadway’s Significance 7 3 - South Broadway’s Future Vision 13 4 - Guidelines for Site Design and Activation 19 5 - Guidelines for Existing and New Buildings 43 Acknowledgments EDDA BOARD OF DIRECTORS: Hilarie Portell, Executive Director Blake Calvert, Board Chair Brad Nixon Diane Reinhard Sierra Othoniel Hugo Weinberger Erika Zierke CITY OF ENGLEWOOD STAFF: Brad Power, Community Development Director Bryan Isham, Planning Manager John Voboril, Senior Planner Brook Bell, Planner Will Charles, Planner Kerry Babin, Assistant Cheif Building Official Darren Hollingsworth, Economic Development Manager Jackie McKinnon, Deputy City Clerk Victor Rachel, Public Works Director Andrea Weaver, Civil Engineer Kyle Branham, City Engineer Adrian Torres, Open Space Manager Tim Holt, Parks Supervisor CONSULTANTS: Studio Seed Urban Design + Planning Studio CPG OV Consulting David Griggs Page 203 of 376 1South Broadway Design Guidelines Overview of Document This document is organized into the following sections: • South Broadway’s Significance – this section provides a quick history of the subarea, documents notable buildings and historic businesses, traditional main street characteristics, and how it became what it is today. • South Broadway’s Future Vision – this section describes the desired future vision for Englewood’s South Broadway and establishes design principles that all projects should aspire to. • Guidelines for Site Design and Acti- vation – this section applies to all proj- ects that are modifying an existing site. It includes guidelines for accessibility, public and private open space, patios, activation, parking and trash. • Guidelines for Existing and New Buildings – this section applies to all buildings - old and new. Any projects that include a change in building use or changes to the exterior of an existing building (including additions) as well as any development that includes new structures shall apply. Intent The South Broadway Design Guidelines are intended to assist in implementing the vision for South Broadway as identified in the city’s Comprehensive Plan, Downtown Plan, and South Broadway Public Realm Action Plan. This document aims to guide new investment in a way that aligns with the future vision while maintaining the traditional scale and character of the district. This vision includes enhancing the Downtown District by: • Reinforcing the traditional main street character of South Broadway. • Creating a vibrant 360-degree district that is “uniquely Englewood”. • Creating a district that is walkable, inclusive, safe and welcoming to all. Applicability These guidelines apply to any proposed project in the area identified in Exhibit A (Eastman Ave. to Little Dry Creek and Acoma to Lincoln Streets) that include: • Changes to a site, such as adding out- door dining or open space, enhancing streetscape, or modifying parking; • Changes to an existing building, such as exterior upgrades, additions, or a change of use; and/or • Redeveloping an existing lot with a new structure(s). The guidelines were funded by the Englewood Downtown Development Authority (EDDA) as part of the 2025 South Broadway Public Realm Action Plan. A partnership between the EDDA and the City of Englewood was formed to execute the design guidelines. See “Compliance and Process” on pages 4-6 for more information. 1 Introduction & Intent Page 204 of 376 2 South Broadway Design Guidelines E. Girard Ave. E. Floyd Ave. E. Eastman Ave. E. Hampden Ave. S. B r o a d w a y S. A c o m a S t r e e t S. L i n c o l n S t r e e t US 2 8 5 35 0 0 B L O C K 34 0 0 B L O C K 33 0 0 B L O C K 32 0 0 B L O C K Exhibit A: South Broadway Design Guidelines Area Page 205 of 376 3South Broadway Design Guidelines About the EDDA The Englewood Downtown Development Authority is a quasi-governmental agency formed in 2021 to provide services, structure and financing for projects that enhance Downtown’s economic vitality, attractiveness, and quality of life. The EDDA’s guiding document is the Englewood Downtown Plan. The EDDA facilitates partnerships with the City of Englewood, businesses, property owners, residents and other stakeholders to champion Downtown for the long-term. The Englewood Downtown District includes three “subareas”: • South Broadway; • Wellness District; and • CityCenter. EDDA District S. Broadway Design Guidelines Reference Documents Project proposals in the Downtown District’s South Broadway Subarea should reference the following documents for more information: • “Englewood Forward” Comprehen- sive Plan - this citywide document es- tablishes a long-term vision and goals for the city. • Englewood Downtown Plan - this plan outlines a vision and goals for the Englewood Downtown District. • South Broadway Public Realm Action Plan - this document includes a pre- liminary streetscape design for South Broadway and activation strategies that the EDDA will focus on in the coming years. • Unified Development Code - this includes zone district rules and regu- lations required for projects in the city. These guidelines supplement zoning and other code requirements. • Englewood’s Sustainability Plan - the city’s strategic plan to respond to cli- mate change, improve air quality, and reduce carbon emissions. Page 206 of 376 4 South Broadway Design Guidelines Compliance and Process Each applicable project in the South Broadway Design Guidelines Area (see Exhibit A) must comply with the design guidelines that apply to each project. Compliance will be reviewed and determined by Plan Review staff in Community Development in concert with other required development applications before final approval of a project to apply for necessary permits. A general outline of the process includes: STEP 1: PRE-APPLICATION MEETING WITH DEVELOPMENT REVIEW TEAM Prior to submitting a formal development proposal, applicants are encouraged to meet with the Development Review Team which is a free service provided by the City of Englewood that allows applicants to meet with staff from a variety of departments to present their conceptual project, ask questions, and receive feedback. At this step in the process, the Design Guidelines will be given to the applicant and they will be encouraged to meet with the EDDA for more information about projects occuring around their site and for potential funding that may be available. STEP 2: SUBMIT APPLICATION FOR REVIEW Required application(s) are then submitted to the city. Required development checklists are located on the city website. In addition to required development checklists, the applicant shall also submit a South Broadway Design Guidelines checklist to ensure the applicant has reviewed and complies with the guidelines herein. Staff will provide consolidated comments back to applicant within the required timeframe with regards to any desired changes to the project to better adhere to the design guidelines. STEP 3: REVIEW AND APPROVAL Applicants will then go through the city’s review and approval process before issuing building or other necessary permits. Timing and process will depend on the scope of a project. STEP 4: PERMITS AND CONSTRUCTION Once an application is approved and all necessary requirements have been met, permits will be issued and construction on the project may begin. Which Guidelines Apply? Which guidelines apply depends on a particular project. In general, a project only needs to follow the guidelines that are applicable - i.e. if a project does not include public art or modifications to parking, they may skip sections 4.5 and 4.6. A list of common anticipated projects and which guidelines apply are listed below for reference. PROJECT TYPE 1: OUTDOOR PATIO ONLY • 4.1.C + 4.2.A + 4.3 (whichever applies) +4.4 (if patio is located along alley or paseo) PROJECT TYPE 2: FACADE IMPROVEMENTS ONLY • 4.1 + 4.3/4.4 (If applicable) + 5.1 + 5.2 + 5.4 PROJECT TYPE 3: MAJOR RENOVATION OF EXISTING PROPERTY (BUILDING + SITE) • Same as above + 4.5 PROJECT TYPE 4: CHANGE OF USE (INTERIOR IMPROVEMENTS ONLY) • Guidelines do not apply unless applicable as part of the change of use requirements. PROJECT TYPE 5: NEW DEVELOPMENT • All guidelines that are applicable to the project apply. Page 207 of 376 5South Broadway Design Guidelines Design Guidelines Checklist Applicants for projects in the South Broadway district shall submit the following form to show compliance with the South Broadway Design Guidelines, along with other required documentation required by the City of Englewood. In addition to this checklist, the applicant shall include a project statement describing how the project meets the Future Vision and Design Principles. Refer to table on p. 4 to see which guidelines apply to which projects. TYPE OF PROJECT: __________________________________________________________________ CHAPTER 4 GUIDELINES OVERVIEW Guidelines:Met Not Met N/A Comments: 4.1 Accessible and Inclusive Site Design A. Universal Building Entrances and Frontages B. Universal Signage C. Universal Outdoor Space 4.2 Streetscape Design A. Streetscape Zones B. Paving C. Street Trees D. Landscape Beds E. Other Streetscape Elements 4.3 Outdoor Dining A. Sidewalk Dining B. Parklet Dining C. Dining on Private Property 4.4 Off-Broadway Activation A. Alleys and Paseos B. Other Considerations 4.5 Parking and Trash A. Parking B. Reduce Parking Demand C. Trash/Recycling 4.6 Public Art A. Review Guidelines B. Site Selection C. Placement Criteria Page 208 of 376 6 South Broadway Design Guidelines CHAPTER 5 GUIDELINES OVERVIEW Guidelines:Met Not Met N/A Comments: 5.1 Street Level Activation A. Visual Interest B. Commercial Storefronts and Entrances C. Ground Floor Residential 5.2 Modifications to Existing Buildings A. Exterior Facades 5.3 Building Massing and Scale A. Respond to Context B. Street Scale C. Building Massing, Scale and Proportion D. Windows E. Private Outdoor Space 5.4 Materials and Color A. Materials B. Color Please submit any other relevant information to support compliance with guidelines - text descriptions, references to drawings, etc. Page 209 of 376 7South Broadway Design Guidelines 2 South Broadway’s Significance Early History South Broadway is the original “main” street of Englewood. Now known as the “Father of Englewood”, Thomas Skerritt is said to have plowed the road to get to Denver faster to sell his produce in the 1860s. By the 1880s, settlements from the Gold Rush were established and Denver began to grow to the south. The original settlement around South Broadway was known as Orchard Place. Citizens voted in 1903 to incorporate the new town as Englewood, which means “wooded nook” after the abundance of trees and orchards. A map from 1919 shows how development in Englewood originated along South Broadway on what is now the 3500, 3400, and 3300 blocks. Tuileries Garden, a large amusement park modeled after Coney Island in Kansas City and named after La Tuileries Gardens in Paris, was located on the west side of South Broadway in the early years. The amusement park operated from 1906-1913. The archway shown here was modeled after the Arch d’Triumph and was located just north of Hampden Avenue (#15 on map.) Above: 1919 map of Englewood. Left: Tuileries Garden entrance archway modeled after the Arch d’Triumph in Paris. Page 210 of 376 8 South Broadway Design Guidelines NOTABLE BUILDINGS & BUSINESSES Notable Building /Business Study Area 1 Gothic Theatre 2 Rockybilt Hamburgers* 3 Sport Bowl* 4 Miller’s Market* 5 Englewood Post Office 6 Myer Drug Store* 7 JC Penney* 8 Odd Fellows Hall* 9 Bailey’s Pet and Variety Shop* 10 Sam Hill’s Barber Shop 11 Pioneer Theater* 12 Colorado Central Power and City Hall* 13 Charles Deaton Bank Building 14 Loop Apartments 15 Army Surplus *indicates former business 1 2 3 4 5 6 7 8 910 11 12 13 14 15 E. Girard Ave. E. Floyd Ave. E. Eastman Ave. E. Hampden Ave. S. B r o a d w a y S. A c o m a S t r e e t S. L i n c o l n S t r e e t US 2 8 5 35 0 0 B L O C K 34 0 0 B L O C K 33 0 0 B L O C K 32 0 0 B L O C K Exhibit B: Notable Buildings and Businesses Page 211 of 376 9South Broadway Design Guidelines Notable Buildings and Businesses Historic Englewood has documented the significant history of the South Broadway corridor. Key structures are noted on Exhibit B. More information on these buildings and their history can be found by searching “Englewood, CO Downtown History Tour.” These buildings are considered notable to the history of South Broadway. There is not currently a designated historic district for the area, but three buildings are listed on the National Register of Historic Places: • Englewood I.O.O.F. Lodge No. 138 • Englewood Post Office • Key Savings and Loan Association Building (aka “flying saucer”) The Gothic Theatre was built in 1929 in an Art Deco style. It has been modified overtime but continues to serve the community as an entertainment destination. The Englewood Post Office was built in 1938 in a Colonial Revival style. It still serves the community in its original use as a post office. The “Flying Saucer Bank” was designed by Charles Deaton and completed in 1967. It still serves the community in its original use. The Englewood International Order of Odd Fellows (IOOF) Lodge was built in 1928. 3299 S. Broadway was built in 1919 as Miller’s Supermarket. Page 212 of 376 10 South Broadway Design Guidelines South Broadway “Main Street” Characteristics New projects should seek to emulate the traditional “main street” character of South Broadway. These characteristics include: • There is no particular architectural style. Some of the stand alone build- ings like the Post Office, The Gothic, and the Charles Deaton Bank are out- liers. The rest of buildings on South Broadway tend to be simple one to two-story “main street” buildings built to the property line on the front and sides with a rear setback to allow for parking. • Brick is a common material. Brick de- tailing is apparent, but not too ornate, accentuating elements like roofline, windows, storefront bays, and signage locations. Most original brick has been painted, though there are some build- ings that still display their original red brick. • Building heights vary, but most are one to two stories and less than 35- feet in height. The beginning and ends of different buildings can be seen along the street by their building heights be- ing slightly differentiated. This building displays common “main street” characteristics, such as simple form, storefronts on the ground floor and individual windows on the upper floor, and modest brick detailing. Some original brick buildings have been painted and some also include artistic murals like 3398 S. Broadway. Awnings are also common, as shown here. Building heights vary (as seen in the red dashed line above), but most are one to two stories and less than 35-feet in height. Page 213 of 376 11South Broadway Design Guidelines • Buildings widths range from 12.5-feet to 100-feet for traditional buildings which offers a diversity of storefronts and retail business opportunities. • Buildings include storefronts with active uses on the ground floor. Most storefronts include a kickplate and transom windows. • Buildings are typically built to the property line, and most entrances are recessed. • North-south alleys that parallel South Broadway are typical. The only devia- tions are on the King Soopers lot and 3200 block where the Century Link building is located that blocks the alley. The 3400 block alleys are often used as pedestrian passageways as they con- nect to public parking lots. • The 3400 mid-block paseos are a unique characteristic that allows for permeability within the long block and provides greater pedestrian access to the district and opportunities to gather. The 3400 Block mid-block paseos are a unique characteristic that allow for pedestrian access and gathering space. The north-south alleys that parallel Broadway are typical. The 3400 Block alleys are often used as pedestrian passageways as they connect to public parking lots. Some storefronts are as narrow as 12.5’ wide and most have recessed entrances to provide more space for entering a building. Page 214 of 376 12 South Broadway Design Guidelines South Broadway Today South Broadway has seen a resurgence of economic activity in recent years. Redevelopment of the Cinderella City shopping center in the early 2000s brought new residents and commuters to the area and additional pending redevelopment will add to the local customer base, along with expansions of two major medical centers and nearby multifamily residential development. New Millennial and Baby Boomer residents, a business-friendly culture and attainable rents are attracting new commercial investment along South Broadway. This area is served by regional bus, light rail, and BERT - Englewood’s microtransit service - connecting commuters from the light rail station to other downtown destinations. New residents have increased the local customer base. Special events help build South Broadway’s identity as a destination. Small, local businesses are the heart and soul of South Broadway. Page 215 of 376 13South Broadway Design Guidelines 3 South Broadway’s Future Vision Future Vision The 2017 Englewood Comprehensive Plan imagined South Broadway as an “emerging node” around the Gothic Theater with a primary focus of local and independent businesses that is walkable and includes a critical mass of residents to support the retail and entertainment district. It also recommended the creation of a special financing district to support revitalization efforts. In 2021, the Englewood Downtown Plan and the Englewood Downtown Development Authority (EDDA) were established to further this vision. South Broadway is one of three subareas that the EDDA focuses on. Key recommendations to achieve the vision include: • Maintaining South Broadway’s authen- tic feel as a “traditional main street.” • Filling vacant storefronts, reusing exist- ing buildings, and supporting existing businesses so they can remain. • Enhancing the streetscape and make pedestrian improvements and better access to the district. • Supporting transit and multimodal op- portunities to reduce car use and park- ing needs. • Attracting high-quality, small-scale development on key sites along South Broadway that include a mix of uses and active ground floors that maintain the small-town main street character. Page 216 of 376 14 South Broadway Design Guidelines Inclusive Design Downtown Englewood is a diverse place with diverse offerings. There is a higher concentration of low-income households, seniors, and disabled community members in the area which requires unique solutions to meet the needs of all ages and abilities to enjoy downtown. Many businesses on South Broadway cater to this audience. Nearby Craig Hospital is a rehabilitation facility where patients typically have longer stays and more visits than other hospitals. It is also a major employer with multiple health and wellness supportive businesses in the area. There are several senior communities and a senior recreation facility nearby. Many residents and employees rely on public transportation and the ability to walk, bike, or roll to destinations requiring a safe and accessible pedestrian realm. Millennials and Baby Boomers also see Downtown Englewood as an opportunity to live in and nearby, as it is centrally located and offers a quality of life and walkable lifestyle attractive to families and located near daily goods, services and entertainment. Recently acquired and managed by AEG Presents, the Gothic Theatre caters to a metro-wide clientele offering live music and events. All of these elements make Downtown Englewood special. These guidelines, the Englewood Downtown Plan, updated zoning regulations, new streetscape and infrastructure improvements, public space enhancements, and transit improvements all seek to create an economically vibrant, energized, mixed use main street that is accessible to everyone. This district has a higher concentration of low-income households, seniors, and disabled community members and many businesses cater to these audiences. (right photo credit: Guided by Humanity) The Gothic theater caters to a metro-wide clientele offering live music and events. (photo credit: AEG Worldwide) The Malley Senior Recreation Center is located in the district. (photo credit: City of Englewood) Page 217 of 376 15South Broadway Design Guidelines Design Principles The following Design Principles were created to provide a framework for future projects. They are representative of the community’s vision. Each project should include a statement for how their project meets the following principles: 1. SAFE AND WELCOMING FOR ALL • Utilize Universal Design principles to ensure that each building and public space is safe and accessible and meets the needs of people of all ages and abil- ities. • Increase safety in the district with bet- ter lighting, more “eyes on the street”, and better access to and through the district. 2. DISTINCTLY ENGLEWOOD • Include unique, authentic designs that cannot be replicated elsewhere. • Reinforce the traditional main street character and scale in new buildings with similar building heights, materials, details, and architectural features. • Save and repurpose old buildings and reveal original architectural elements when feasible. • Incorporate a site feature that nods to the history of a significant site • Incorporate small retail spaces that make room for more local businesses to reinforce and grow our local identity. 3. VIBRANT AND ACTIVE • Add new storefronts, restaurants, sig- nage, patios, plazas, or other active ground-floor uses to bring more pedes- trian life to the streets. • Include housing for new residents that will increase foot traffic in the area. • Utilize alleys as an opportunity for add- ing interest and activity to the district. 1. Safe and Welcoming for All. 2. Distinctly Englewood. 3. Vibrant and Active. Page 218 of 376 16 South Broadway Design Guidelines Future Design Considerations The following pages identify unique design opportunities and considerations for future projects. These concepts were developed and created by designers with input from the public. They are not necessarily the vision of private property owners. 3200 BLOCK ENTERTAINMENT DISTRICT This concept reinforces the Comprehensive Plan’s vision to create an Entertainment District around the Gothic Theatre. Key elements include: • A mix of new and old: existing build- ings/uses, new uses in old buildings (adaptive reuse) and new uses in new buildings (redevelopment). • A mid-block crossing across South Broadway that connects with mid- block passages through each block to break up the scale and enhance con- nectivity. • Engaging and activating the alleys and reintegrating a full north-south connection through the building at 3277 S. Broadway (if relocation were to occur.) • Creating a network of interesting outdoor spaces, paseos, and patios that create an active and safe nighttime environment. • Connecting parking lots and reducing curb cuts onto public streets. • Streetscape improvements along South Broadway and in the median. Existing Conditions FLOYD AVE. AC O M A S T . S. B R O A D W A Y EASTMAN AVE. THE GOTHIC Existing Buildings with Active Uses Existing Buildings with Potential for Active Uses Development Potential to Support Entertainment District Page 219 of 376 17South Broadway Design Guidelines 3300 BLOCK ACTIVATION This concept seeks to put more activity and “eyes on the street” of the 3300 Block where there is currently a parking lot and loitering issues. Future development on this block should: • Attract uses that will draw in more activity like restaurants and retail. • Consider incorporating a publicly accessible plaza or open space, much like the paseos offer on the 3400 Block. • Consider a kiosk or design element that pays homage to the history of the site as the former Tuileries Garden Amusement Park and former site of the Anderson Industries, City Hall, and the Miracle Mile. Existing Conditions Reconfigure parking to be oriented to serve pad buildings. Provide clear and direct pedestrian connections between buildings. Reconfigure entrance with median and architectural arch feature. Activate S. Broadway frontage with small, landscaped plazas and outdoor dining areas. Page 220 of 376 18 South Broadway Design Guidelines 3400-3500 BLOCK FESTIVAL STREET AND LITTLE DRY CREEK ACTIVATION The Downtown Plan envisions beautifying and activating Little Dry Creek Plaza and West Hampden Avenue as a primary connection to the plaza. The EDDA Public Realm Action Plan envisions turning W. Hampden from South Broadway to Acoma into a “festival street” that can be used for festivals and special events in the district. New projects should seek to: • Activate Little Dry Creek and West Hampden Avenue with patios, active ground floor uses, windows, and en- trances. • Elevate the design of the public realm to encourage economic prosperity and discourage negative behavior. • Create a seamless connection be- tween the City Center, South Broadway, and Wellness District subareas. • Enhance trail access to Little Dry Creek Trail. • Encourage multimodal activity with amenities like improved bus stops and bike parking/charging. A conceptual rendering of Little Dry Creek activation and beautification. (credit: DHM Design) Conceptual design of West Hampden as a “festival street” which would function as a normal local street with two travel lanes and wide sidewalks and streetscape amenities and the roadway could be closed to accommodate festivals and special events. New Street Tree in Metal Grate New Street Tree in Planted Bed Existing Curb Cut New Drainage Trench New Radial Crosswalk New Concrete Curb New Traffic Arrow New Concrete Paving, Aligned Scoring New Vehicular Light New Pedestrian Light Project Limit El Tepehuan (Vacant) BGood Recreational Cannabis Dispensary Broadway Lofts Community Banks of Colorado ATM Fellow Traveler Mutiny Comics & Coffee CORE Consultants, Inc.Existing Street Tree to Remain Existing Pedestrian Light to Remain New Bike Rack Existing Vehicular Light to Remain New Linear Crosswalk New Traffic Lanes New Planted Bed with Linear Seat Wall Public Art Opportunity Existing RTD Bus Stop Existing Curb to Demolish Existing Concrete Curb to Remain Page 221 of 376 19South Broadway Design Guidelines 4 Guidelines for Site Design and Activation 4.1 Accessible and Inclusive Site Design INTENT: Projects in this area should incorporate design elements that prioritize safety and also strive to support and strengthen the quality of life for people of all ages and abilities. People with mobility issues, sight and hearing impairment, neurodivergent, and other special needs should be considered when designing a project. Projects should embrace the Universal Design Principles and Six Feelings Framework when designing spaces surrounding a building. Seven Principles of Universal Design: 1 - Equitable Use - the design is useful and marketable to people with diverse abilities. 2 - Flexibility in Use - the design accommodates a wide range of individual preferences and abilities. 3 - Simple and Intuitive Use - use of the design is easy to understand, regardless of the user’s experience, knowledge, language skills, or current concentration level. 4 - Perceptible Information - the design communicates necessary information effectively to the user, regardless of ambiant conditions or the user’s sensory abilities. 5 - Tolerance for Error - the design minimizes hazards and the adverse consequences of accidental and unintended consequences. 6 - Low Physical Effort - the design can be used efficiently and comfortably and with a minimum of fatigue. 7 - Size and Space for Approach and Use - appropriate size and space is provided for approach, reach, manipulation, and use regardless of user’s body size, posture, or mobility. credit: https://universaldesign.ie/about- universal-design/the-7-principles Six Feelings Framework for Autism-Friendly Spaces: 1 - Feel Connected - the design helps users perceive ways in which to engage with their environment. 2 - Feel Free - the design provides spaces that are flexible and offers a desired spectrum of independence. 3 - Feel Clear - the space is easily understood and not confusing. 4 - Feel Private - the space offers boundaries and includes secluded and relaxing environments for sensory breaks. 5 - Feel Safe - the design diminishes the risk of someone being injured. 6 - Feel Calm - the design reduces sensory pollution of excessive noise or other sensory distractions. Page 222 of 376 20 South Broadway Design Guidelines GUIDELINES: A. Universal Building Entrances and Frontages. Design building entrances to be accessible. Approaches to building entrances should be free of obstructions and have an accessible path into the building. i Utilize push button entrances when feasible. Doors should include lever handles over knobs. ii ADA-required ramps and railings should be designed to fit in with the architectural style of the building and be permanent. iii Anything placed adjacent to a building (benches, planters, signs) should be detectable with a mobility cane and outside of the accessibility route on the sidewalk. iv Rear accessible entrances located from an alley are desired. B. Universal Signage. Site and building signage should be clear, concise, and universally accessible. i To focus on universal accessibility, keep content of signs to a minimum, use high contrast between fonts and background, and avoid too many visual details that would distract from the sign’s legibility. ii Place signage at heights so that people of all ages and abilities can read them. iii Incorporate braille on address signage, at a minimum, and other signage when possible. C. Universal Outdoor Spaces. When identifying and designing outdoor spaces on a site, consider the needs of all users and design the space to be inviting with clear rules for entry to the space. i When an outdoor space is accessed from a public right-of-way, include an accessible route to the space. ii Incorporate furnishings that are movable, when appropriate, to allow for flexibility in seating arrangements. iii Consider different “zones” for people with different sensory needs, e.g. quiet zones that feel more private/calm vs. open zones for people to hear, touch, feel, and roam. iv Consider Englewood’s climate and design outdoor spaces that are sunny in the winter and shaded in the summer, when location is controllable. v Utilize the five strategies of Crime Prevention through Environmental Design (CPTED) to provide defensible and safe outdoor spaces. vi Provide ample lighting for outdoor spaces and use full cutoff (light projected downward) lights to reduce light pollution. A ramp provides an accessible primary entrance and clear signage is provided. Page 223 of 376 21South Broadway Design Guidelines 4.2 Streetscape Design INTENT: Creating a consistent and inviting streetscape in the South Broadway subarea is important to reinforce Englewood’s traditional main street character and celebrate the South Broadway subarea of the Downtown District. Some improvements will be made through capital projects while other improvements will be the responsibility of the developer to provide. Reference the descriptions below to understand the intent of each street (in order of significance) in the study area. Each project should contact the City and Englewood DDA for updated information on potential capital streetscape projects before beginning a project. 1. South Broadway is categorized as an arterial and carries significant traffic, a major regional bus route (planned for future bus rapid transit), and most importantly serves as the primary retail street for Downtown Englewood. Streetscape design on South Broadway should include the highest degree of design and detail within the design guidelines study area. 2. Old Hampden is categorized as a collector (east of S. Broadway) and a local street (west of S. Broadway.) E. Hampden is undergoing a “complete streets” reconstruction in 2025 that includes underground utility upgrades, widening sidewalks, transit stop amenities, and landscaping. West Hampden is envisioned as a future “festival street” that embraces and activates Little Dry Creek. Old Hampden should serve as a secondary retail street to South Broadway. 3. Acoma and Lincoln Streets are categorized as a local streets. They are streets that parallel South Broadway and have potential to be activated by future development and private investments that could expand the vibrancy of the South Broadway district. New projects should focus on this aspect of activation and treat these streets as secondary retail streets to South Broadway with sensitivity to adjacent residential uses. 4. Englewood Parkway is categorized as a collector and is the primary route to the City Center subarea and light rail. This street should prioritize pedestrians and tree canopy. Additional above curb/ sidewalk space may be available in the future to provide more space for streetscape amenities and outdoor dining. 5. Floyd Avenue is categorized as a collector and is a major bike route for the city. Floyd has limited space above the curb. Future projects should focus on providing consistent sidewalks and adding landscaping and trees wherever feasible. 6. Eastman Avenue is categorized as a local street and should serve as a pedestrian route into the South Broadway district from adjacent residential neighborhoods. Streetscapes should include consistent sidewalks and street trees. Page 224 of 376 22 South Broadway Design Guidelines STREET CLASSIFICATIONS Arterial Collector Local Study Area E. Girard Ave. E. Floyd Ave. E. Eastman Ave. E. Hampden Ave. S. B r o a d w a y S. A c o m a S t r e e t S. L i n c o l n S t r e e t US 2 8 5 35 0 0 B L O C K 34 0 0 B L O C K 33 0 0 B L O C K 32 0 0 B L O C K Exhibit C: Street Classifications Page 225 of 376 23South Broadway Design Guidelines GUIDELINES: A. Streetscape Zones. Streetscape zones are different areas within the sidewalk or above curb area of a street. These “zones” should be clearly defined through paving patterns and other elements. Maintaining an accessible route is of utmost importance. The streetscape zones include: 1. Curb zone is the space between the curb and the accessible route. This zone varies depending on the street right-of- way and curb to curb dimensions. i The curb zone should serve as a protective buffer between cars and pedestrians. ii It should include street trees, when space allows (refer to street trees guidelines.) iii When space does not allow for street trees, place other streetscape elements in the curb zone to provide a buffer (refer to table on page 23). 2. Accessible Route is the part of a sidewalk that should be free and clear of obstructions and primarily used for walking and rolling. i Maintain a minimum dimension of five feet for the accessible route. Six feet is preferred where space allows. ii The accessible route should be as straight as possible. iii The accessible route should be free and clear from any vertical obstructions. Maintain an accessible route that is free and clear of obstructions and as straight as possible. The curb zone is the space between the curb and the accessible route. Page 226 of 376 24 South Broadway Design Guidelines 3. Building Zone is the space adjacent to a building (within the right-of-way) and typically activated by the adjacent tenant. It is most typical on South Broadway as other streets are limited in space. i The placement of elements in this zone is optional and would be the responsibility of the tenant or building owner to provide (refer to guidelines for specific elements on following pages.) 4. Setback Zone is space located on private property between the right-of-way/ property line and the building face. The required setback dimensions depend on the zone district. Most existing buildings are built to the property line and do not include a setback zone, so this applies to new structures primarily. i When commercial uses are fronting the street/sidewalk, the setback zone should serve as a continuation of the streetscape and appear more public than private. ii When residential uses are fronting the street/sidewalk, this area should be used as a transition from public to private. It may include entrances or private open space such as a private stoop, porch, or balcony. Landscape elements are more appropriate in this context to provide privacy for residences on the ground floor. The building zone may include elements like outdoor sales or seating areas provided by the tenant or building owner. The setback zone is the space located on private property between the property line and the building face. Page 227 of 376 25South Broadway Design Guidelines Which Streetscape Elements are Appropriate in Each Zone? Streetscape Elements Curb Zone Accessible Route Building Zone Setback Zone Street Trees X Pedestrian Lighting X X Landscape Beds X X Planters X X X Benches X X X Trash Receptacles X Bike Racks X X Cafe Dining X X Outdoor Sales/Display X X Sandwich Board Sign X X 5. Private Developer Responsibility. When a new development requires streetscape improvements, developers shall replace and/or reconstruct streetscape improvements to “like or better” condition as documented at the start of the development project. i All projects shall refer to the EDDA’s design documentation for South Broadway streetscape to meet the streetscape vision for South Broadway and intersecting streets within the design guidelines boundary. Which Streetscape Elements are Appropriate in Each Zone? Use the following table to know what streetscape elements are appropriate within each streetscape zone and reference the following guidelines: Maintain free and clear of obstructions. Curb Zone Accessible Route Building Zone Setback Zone (where applicable) Page 228 of 376 26 South Broadway Design Guidelines B. Paving. Sidewalk paving in the South Broadway Area should be designed to provide a consistent ground plane for the area. All sidewalk areas should be made of concrete for ease of maintenance and patching. i Concrete scoring patterns should be used to define the streetscape zones. Use greater spacing between score joints to define the Accessible Route and tighter spacing to define the Curb Zone and Building Zone. ii Artistic features stamped into the concrete are allowed in high-traffic areas, such as prominent street corners, as a public art element. iii Colored concrete is not recommended in the right-of-way due to inherent challenges associated with maintenance. The scoring patterns should be used to define the streetscape zones, like this sidewalk in the Tennyson Street district in Denver. Artistic features may be used in high-traffic areas as a public art element. Page 229 of 376 27South Broadway Design Guidelines C. Street Trees. Street trees are required on city streets to reduce urban heat island and to increase air quality and overall aesthetics and walkability. i Street trees should be evenly spaced, approximately 30-feet apart, to provide a cadence along the streetscape and serve as a buffer between the accessible route and roadway. ii To maximize usable sidewalk space, tree grates are preferred on streets with high pedestrian traffic. South Broadway grates should be four feet wide with a length ranging from eight to sixteen feet. iii Landscaped beds may be appropriate on streets other than South Broadway and depend on the context and maintenance considerations. iv Desired trees that can withstand urban conditions are listed to the right. Large trees should be a minimum of 2.5” caliper when planted; ornamental trees may be 2” caliper. v Irrigation is required to ensure establishment and proper tree growth in urban conditions. Desired Street Tree List: Acer miyabel - State Street Maple Celtis Occidentalis - Western Hackberry Ginko Biloba - Magyar Ginko Gymnoclydus Dioicus - “Espresso Coffeetree” Quercus x Macdanielii - Heritage Oak Quercus Schumardii - Shumard Oak Styphnoloblum Japonica - Regent Pagodatree Ulmus x Pumila - “Triumph Elm” Street trees in tree grates will be the typical condition to extend walkable area and ADA space. Street trees should be evenly spaced to provide a cadence along the street and provide a buffer between the accessible route and roadway. NOTE: all selected varieties must meet state and local requirements first. Page 230 of 376 28 South Broadway Design Guidelines D. Landscape Beds. Landscape beds should be used sparingly on South Broadway and placed in prominent locations such as at gateway intersections, mid-block crossings, and other “bulb-out” locations that provide ample space. i Refer to the 2025 EDDA South Broadway Public Realm Action Plan for desired placement of landscape beds. ii Use native, xeric plants in landscape beds. iii Irrigation is required to establish healthy plants. Irrigation system may be programmed in response to changing and/or cyclical weather patterns. iv Mulch shall be limited to shredded cedar mulch. Dyed mulch, cedar chips, and pebble rocks are prohibited. Desired Shrub, Groundcover, and Perennial Groupings: Species:A:B:C: Hemerocallis Species - “Stella de Oro” Daylily X X Lysimachia Nummurlaria - Common Moneywort X X Mahonia Repens - Creeping Mahonia X X Sedum hybridum - Oakleaf Stonecrop X Euonymus fortune - Purpleleaf Wintercreeper X Forsythia viridissima - Dwarf Forsythia X Hemerocallis sp. - Happy Returns Daylily X Mahonia repens - Creeping Mahonia X Native, xeric plants should be used in strategically placed landscape beds that are easy to maintain while adding color to the streetscape. Integrated “seat walls” may be provided along landscaped beds to offer additional seating opportunities. Page 231 of 376 29South Broadway Design Guidelines E. Other Streetscape Elements. Other elements may be required or desired to be provided by the developer within the public right-of-way. i Refer to 2025 EDDA South Broadway Public Realm Action Plan for pedestrian lighting, benches, bike racks, and trash receptacle placement and specifications. ii All pedestrian lamps in the curb zone shall match existing lights in 3300 and 3400 Blocks. iii Benches should include arm rests and backs for comfort. A center arm rest is desired to prevent sleeping. iv Streetscape elements should be easy to maintain and clean while adding warmth and color to the streetscape. v Any additional elements placed in the building zone may be specified and shall be maintained by the building owner or tenant and should complement the character of the streetscape. Planter pots placed in the curb zone shall be selected and maintained by the EDDA and planters in the building zone shall be specified and maintained by the building owner or tenant. Pedestrian lamps in the curb zone should match those in the 3300 and 3400 Blocks. South Broadway Streetscape Palette: Note the final streetscape palette is still being determined. Contact the EDDA for more information on the South Broadway Public Realm Action Plan. Page 232 of 376 30 South Broadway Design Guidelines 4.3 Outdoor Dining INTENT: South Broadway is, and should continue to grow, as a destination for a vibrant daytime and nighttime scene with a wide variety of dining establishments to choose from. Visible dining areas in the public realm signals that this area is safe and inviting, as it puts more “eyes on the street” and naturally detracts from loitering and negative behavior. GUIDELINES: A. Sidewalk Dining. Sidewalk dining areas should be designed to maintain a clear and straight accessible route, be visible and inviting from the public ROW, and follow necessary permitting requirements from the city, in addition to the following: i Small “bistro set” seating is allowed in the Building Zone where space allows and may also be allowed in the Curb Zone if on-street parking is provided to protect diners. ii More formal dining areas are also appropriate where space allows. A minimum of 7-feet shall be provided from back of curb to the dining area (railing or seating.)Sidewalk dining areas are encouraged in the South Broadway area where space allows and an Accessible Route can be maintained. 7’ min. Accessible Route Bistro set seating located in the building zone that provides accessible route. Formal dining area adjacent to the building that provides accessible route. Page 233 of 376 31South Broadway Design Guidelines B. Parklet Dining. Parklet dining areas are in the public right-of-way, typically replacing an on-street parking space(s). Parklets are not appropriate on South Broadway or any Collector Streets, but may be appropriate in other locations on Local Streets in the area. Refer to Exhibit C for Street Classifications. i Parklets should match the elevation of the sidewalk to create a level, continuous surface. ii Parklets should not block ADA parking spaces, flow lines, curb inlets, or other drainage infrastructure. iii Vertical barriers should be provided on all street-facing sides and shall be located a minimum of two feet from adjacent travel lanes.2’ min. Travel Lane Vertical Barrier Parklets shall match the elevation of the sidewalk to create a level surface and provide vertical barriers on all street-facing sides. Parklets shall not block ADA parking spaces, flow lines, curb inlets, or other drainage infrastructure. (credit: Design Concepts) Page 234 of 376 32 South Broadway Design Guidelines C. Dining on Private Property. Dining areas that are located on private property are encouraged and should be designed to be visible from a public right-of-way while providing protection and privacy to diners. i For new buildings, utilize the “frontage area” to accommodate dining fronting a sidewalk when feasible. ii For existing buildings near the property line, consider incorporating roll-up doors to accommodate “al fresco” dining inside the building facing a sidewalk. iii Rooftop dining is encouraged in the district. Consider visibility from the street as well as maximizing views of the mountains, when feasible. iv Rear dining is also encouraged to help activate alleys. Utilize fencing that has some transparency to allow greater visibility to and from the space. Example of dining in the “frontage area” or setback. Example of dining indoor that acts like outdoor dining with roll-up doors. Rooftop dining example (credit: Izayaka Denver) Example of rear dining to help activate an alley.Example of private courtyard dining. Page 235 of 376 33South Broadway Design Guidelines 4.4 Off-Broadway Activation INTENT: A primary goal of the South Broadway subarea is to create a 360-degree main street experience that is unique and non-linear. While South Broadway is the main “corridor”, there are other unique site features in the district that should be celebrated (refer to Exhibit D.) Projects should embrace these features and make them more pedestrian-friendly, well-lit, safe, and vibrant. New projects adjacent to these spaces should consider them as secondary frontages, rather than “back” sides and seek to include design elements that embrace and activate them in unique ways. Off-Broadway Activation spaces include: 1. Alleys running parallel to South Broadway present unique opportunities to expand the district’s activation area into more quiet zones and “discovered” places. The alleys are close to parking areas that patrons and employees use and therefore, they are already being used for pedestrian passageways to businesses and South Broadway. 2. The Paseos are located mid-block on the 3400 Block. Connections to these as well as the addition of new paseos on other blocks should be considered. It is desired that adjacent buildings “turn the corner” to activate these spaces as well. 3. Little Dry Creek and Park is a unique natural site feature to the district. New projects on the 3400 and 3500 Blocks should include design elements and permeability in building designs that encourage more “eyes on the creek.” 4. Festival Street(s) are a potential for this district. In particular, West Hampden from South Broadway to Acoma Street is envisioned as a future festival street. Others may be possible. Projects should consider these opportunities in future designs. 5. Enhanced Connectivity is desired to break up the blocks and create mid-block passages for pedestrians to and from South Broadway. Example of alley activation.Example of mid-block pedestrian passage. Page 236 of 376 34 South Broadway Design Guidelines ACTIVATION OPPORTUNITIES Festival Street Opportunities Study Area Paseo and Plaza Opportunities Alley Activation Opportunities Enhance Connectivity Little Dry Creek Activation E. Girard Ave. E. Floyd Ave. E. Eastman Ave. E. Hampden Ave. S. B r o a d w a y S. A c o m a S t r e e t S. L i n c o l n S t r e e t US 2 8 5 35 0 0 B L O C K 34 0 0 B L O C K 33 0 0 B L O C K 32 0 0 B L O C K Exhibit D: Activation Opportunities Page 237 of 376 35South Broadway Design Guidelines GUIDELINES: A. Alleys and Paseos. The improvement of alleys and paseos (new and existing) is desired to create a 360-degree main street that is safe and inviting. Consider the following for activating alleys and paseos in the district: i Provide secondary public entrances to a building from these spaces whenever feasible and ensure that secondary entrances are well lit. ii Screen utilities such as trash containers, electric meters, and transformers adjacent to or attached to a building. iii Maintain a clean and composed alley and paseo facade. iv Enhance the alley/paseo facade of a building to include a higher degree of design detailing and materiality. v Include building signage along alleys. vi Consider adding planters or other landscaping (on private property only) to add greenery to soften the alley experience. Rear building entrance on South Broadway with landscaping and windows for activation. A clean and composed alley/paseo facade with public realm improvements such as seating, planters, and enhanced lighting creates a safe and inviting atmosphere. Include building signage and secondary entrances from the alleys. Page 238 of 376 36 South Broadway Design Guidelines B. Other Considerations. Consider the following for all Off-Broadway activation areas: i Enhance safety of these areas by activating them with outdoor uses, such as patios or seating areas and/or by providing “eyes on the space” with windows and doors overlooking the space. ii Public art in these spaces are encouraged. Refer to public art guidelines for more information. iii Provide enhanced lighting, either on a site or on a building, that increases visibility to these spaces at night. Reference Table 4.4 in of Municipal Code section 16-4-5. CASE STUDY: Longmont, Colorado (above photos) has made improvements to their downtown alleys and paseos. The paseos, shown in the photos above, are activated with pedestrian-scaled lighting, breezeway structures, landscaping, public art, outdoor dining, and seating areas. Page 239 of 376 37South Broadway Design Guidelines 4.5 Parking and Trash INTENT: Parking, loading and trash are necessary utilities. They are primarily accessed from the alleys. Due to the desire to have multipurpose alleys that are utilitarian as well as pedestrian-friendly, it is important to consider the placement and screening of these utilities. GUIDELINES: A. Parking. Private parking areas should be designed to enhance the experience of the district. Parking should be easy to find, easy and safe to access, well- lit, and the perimeter of the parking area should include screening. In addition to code requirements, consider the following: i Provide access to a parking area via alleys whenever possible. A local street is desired if alley access is not feasible. ii Locate surface parking areas to the rear or sides of a building (not in front.) iii When repurposing an existing lot that includes parking in front, consider repurposing the parking area as a patio first. If the area must be used as parking, design the parking area to be screened from public streets with landscaping, low walls/fences, or a combination of the two. iv Ensure that any screening or walls do not provide opportunities for people to hide. A parking lot is screened from the adjacent sidewalk with landscaping and a decorative metal fence. A former parking lot is repurposed as outdoor dining facing the public street. (credit: Joshua Zinder Architecture + Design) Page 240 of 376 38 South Broadway Design Guidelines v If structured parking (above-grade or podium) is being provided and is visible from a public street or alley, wrapping the structure with an active use is desired. vi When an active ground-floor use cannot be provided for structured parking, use high-quality exterior materials and construction techniques and consider the following: • Screen the ground floor parking bays so that light from cars does not spill onto public streets. • Include punctured openings and details that look like windows on the facade. • Include other screening techniques such as architectural screening, public art, vines, green walls, or other appropriate and visually interesting technique. • Ensure the parking structure is well-lit. This is especially important for primary pedestrian circulation routes such as staircases and elevators. A parking structure that is designed to look like a building with active uses on the ground floor and punched openings in the rear to look like windows. A parking structure that is wrapped in an artistic screen and well-lit for enhanced safety. Page 241 of 376 39South Broadway Design Guidelines B. Reduce Parking Demand. Utilize transportation demand management (TDM) strategies when designing a new project to decrease private vehicle trips and parking demands. Consider the following: i Provide on-site bike parking and storage areas that are convenient and easy to use. ii Provide free or discounted transit passes as a perk to residents/ employees. iii Provide space on-site for car sharing and ride hailing services. iv Contribute to a mixed-use, walkable environment where daily needs can be met by walking, biking, or taking transit. C. Trash/Recycling. Incorporate into a site plan a dedicated location for secure trash/recycling receptacles - either inside the building or within a fenced enclosure with access from an alley. i Consider creative expression for trash enclosures that may be visible from an alley or other public way. ii Choose fencing materials that complement the architecture and avoid surfaces that can be easily vandalized. iii Consolidate trash locations, when feasible, with nearby neighboring properties. iv Ensure proper ventilation and lighting of these spaces. A building provides its own bike parking for patrons and employees. A consolidated trash enclosure that is shared by multiple businesses/buildings. Page 242 of 376 40 South Broadway Design Guidelines 4.6 Public Art INTENT: Place-based public art is highly encouraged in this district to contribute to South Broadway’s unique identity, history, and sense of place. It can act as a gateway, destination, landmark, or sanctuary within the public realm. It should also project the values of the South Broadway district and tie people to the district physically, socially, and emotionally. Public art can also have great economic benefits to a downtown district such as this. Increasingly public art is planned, designed, sited, and managed by multiple interested organizations and partners. These include parks and recreation departments, public works offices, environmental and economic development agencies, neighborhood organizations, health departments, transit agencies, real estate developers, and many others. It is desired that the South Broadway district maintain a unique and eclectic artistic vibe without becoming too cluttered or overwhelming that the art distracts from the place. Each unique piece of art in this district should be coordinated and thoughtfully integrated. This document utilizes guidelines from the Project for Public Spaces as considerations for public art in the South Broadway district. Note that works of art are generally exempt from permitting under Title 16, which exempts city review. However, applicants are encouraged to use these guidelines as a framework for decision- making when placing and creating public art as part of their building or site. Please consult with the Englewood DDA before beginning a public art contribution. GUIDELINES FROM PROJECT FOR PUBLIC SPACES FOR PUBLIC ART SELECTION AND PLACEMENT: A. Review Guidelines. i Suitability of the work for its immediate environment, including its maintenance and conservation requirements. ii Relationship of the work to the site and the host community, especially how it serves to activate or enhance public spaces. iii Appropriateness of the scale of the artwork. iv How closely the proposed artwork meets the goals set out in any RFP (or RFQ) and envisioned by the community. “The Carnation City” mural in the alley of the 3400 Block is an example of public art that is placed on private property. Page 243 of 376 41South Broadway Design Guidelines B. Site Selection. i Artworks should not block windows or entranceways, nor obstruct normal pedestrian circulation in and out of a building (unless such alteration is specifically a part of the experience or design of the artwork). ii Art should be sited so as to be either immediately visible or in a location where it will be visible by the most people. iii Art should be sited where it will create a place of congregation or in a location that experiences high levels of pedestrian traffic and activity. iv Art should be located in a site where it will effectively enhance and activate the pedestrian and streetscape experience. C. Placement Criteria. i Art should not be placed in a given site if the landscaping and maintenance requirements of that site cannot be met. ii Art should be placed in a site where it is not overwhelmed by nor competing with the scale of the site or adjacent architecture, large retail signage, billboards, etc. iii Art should be placed in a site where it will enhance its surroundings or at least not detract from it (for example, creating a “blind” spot where illegal activity can take place). iv Art should be placed in a site where it does not compete with or detract from nearby artworks, and where it can enhance or compliment adjacent art and design features. Consider the placement of artwork and ensure the scale of the piece matches the scale of the space around it, i.e. larger pieces require more space. Locate artwork where it will enhance and activate the pedestrian and streetscape experience. Page 244 of 376 42 South Broadway Design Guidelines Alley Wall Art Alley Street Art Interactive Art Bench Art Playful Art Light Art Crosswalk Art Infrastructure Art Functional Art Landmark Art Selfie Art Projected Art Public Art Examples: A variety of public art types are welcome and desired in the South Broadway district. Approval may be required by the DDA and/or Cultural Arts Commission depending on the location and funding. Refer to the City and DDA for more information. Page 245 of 376 43South Broadway Design Guidelines 5 Guidelines for Existing and New Buildings 5.1 Street-Level Activation INTENT: A primary goal for this district is to provide a vibrant traditional main street environment with active uses on the ground floor that provide multiple options for dining, shopping, working, and entertainment. GUIDELINES: A. Visual Interest. The street level of a building should utilize human-scaled architectural features and provide visual interest. Consider incorporating: i Awnings that provide protection from the elements (sun, rain, etc.) above street-level windows and doors. Awnings should provide at least an eight foot clearance from the sidewalk to bottom of awning. ii Architectural lighting that provides visual interest and increased safety at night. Note all lighting should point down and be full cutoff fixtures. iii Materials that are durable and modular, such as brick, tile, or panels. iv Architectural detailing such as unique brickwork patterns. v Planters and benches or similar furnishings can also create human scale along the street level. Awnings, storefront windows, durable base materials and brick detailing provide visual interest at the street level. Utilize architecturel lighting, planters, bay definition and materials to provide visual interest. Page 246 of 376 44 South Broadway Design Guidelines B. Commercial Storefronts and Entrances. Storefronts and entrances to commercial uses should be designed to be transparent to showcase goods and services as well provide a unique identity for the business and overall district. i The majority of a storefront should provide visibility into the commercial space. Minimize permanent and temporary window signage to avoid visual clutter. ii Window displays are allowed, and should be curated to celebrate the uniqueness of a business and provide visual interest for passersby. iii Avoid interior window shades on the street-level of commercial frontages. iv Design a storefront to be in line with the commercial branding. Creative, fun, eclectic storefront designs are welcome. v Recessed entrances as part of a storefront are common in the district and encouraged. Keep a storefront as transparent as possible to showcase goods. Awnings and signage contribute to this bakery’s branding. Window displays should be curated to celebrate the uniqueness of a business. Recessed entrances are common and encouraged. Page 247 of 376 45South Broadway Design Guidelines C. Ground Floor Residential. When residential uses are allowed and provided in new construction on a ground floor, the frontage should be thoughtfully designed to provide a transition space between the public sidewalk and internal private space. i Note that in MU-B-1 zone district, residential uses can only be placed on upper floors of mixed-use buildings or behind a non-residential use that is at least 40-feet deep. ii Non-residential uses are desired facing South Broadway whenever feasible to add to the vibrancy and traditional main street character. iii Utilize the frontage building line (build- to range) to provide an adequate transition space and buffer from the public sidewalk to a unit or residential building. Landscaping is desired in the build-to area. iv Individual unit entrances are desired when a residential building is facing a public street. Elevated entrances are desired to allow for more transition space and privacy, except for ADA- required units. Utilize the frontage area to provide an adequate transition space and buffer. Individual unit entrances and private patio space activate the ground floor while also providing privacy for residents.Elevated stoops and private courtyards provide with fencing and landscaping provide privacy and protection for residents while also engaging the street. Page 248 of 376 46 South Broadway Design Guidelines 5.2 Modifications to Existing Buildings INTENT: Reusing existing buildings has environmental benefits, helps maintain the authenticity and history of the district, and helps retain and attract local businesses. Modifications to existing buildings may be required by code, by functionality of a new use, or aesthetically- desired. Building modifications should be done in a way that celebrates the original architecture and/or materials while breathing new life into the building. Reference South Broadway “Main Street” Characteristics section of this document and conduct further research as information is available to fully understand the history of a particular structure. GUIDELINES: A. Exterior Facades. Restoring notable buildings and revitalizing old buildings, in general, is a preference for the district. Consider the following when planning for exterior modifications: i Identify, reveal, and restore any original or significant architectural features or historical facade elements that contribute to the character and identity of a building. ii If restoration is not an option, consider reconstructing significant features of a traditional main street building. iii Revealing painted brick is preferred. Before removing paint, conduct a test to determine detrimental effects. Do not use sand blasting or chemicals that could damage the original brick. iv Embrace creative reinterpretation and innovative design solutions that celebrate a building’s history while modifying it to accommodate contemporary uses. Identify, reveal, and restore any original or significant architectural features that contribute to the character and identity of a building. Reusing existing buildings can help maintain the authenticity of the district, tell the history of the place, and retain and attract local business. Page 249 of 376 47South Broadway Design Guidelines v Introduce new elements, modifications, and additions with sensitivity to a building’s character and context. Design interventions should respect the scale, proportions, and materials of the original structure while enhancing the functionality for new uses. vi Additions to existing buildings should be subordinate to and distinguishable from the original structure. vii Avoid designs that completely cover an existing building’s traditional architecture. Introduce new elements, modifications, and additions with sensitivity to a building’s character and context. Additions should be subordinate to and distinguishable from the original structure. Design interventions should respect the scale, proportions, and materials of the original structure while enhancing functionality for new uses. Page 250 of 376 48 South Broadway Design Guidelines 5.3 Building Massing and Scale INTENT: The South Broadway area includes the majority of Englewood’s traditional “main street” environment. The majority of the 3400 and 3500 Blocks as well as the east side of 3300 Block and southwest corner of 3200 Block all include buildings that are considered “contextual” to Englewood’s original downtown. New structures should respond to any original main street structures in a context-sensitive manner and blend in rather than stand out. GUIDELINES: A. Respond to Context. Design a new structure to reflect elements of adjacent traditional structures so they blend in. i Align floor plates, roof lines, accent lines, and windows to respond to adjacent existing buildings. ii Use similar proportions as the adjacent building(s). iii Take cues from any significant architectural detailing, like unique brickwork, column spacing, balconies, awnings, window details, lighting, etc. This new building matches the height and proportions of adjacent buildings. This new building aligns floor plates of adjacent buildings and “steps down” to the lower scale structure. This new building provides a relief for the entrance and steps back the taller portion of the building to respond to the adjacent building. Page 251 of 376 49South Broadway Design Guidelines ZONING DISTRICTS MU-B-1 MU-B-2 Study Area MU-B-1 (S. Broadway Front.) Building Standards Summary for MU-B-1 (not fronting S. Broadway): Building Standards Summary for MU-B-2: Building Standards Summary for MU-B-1 (fronting S. Broadway): * Up to 60-feet * No upper step-back requirements * Build-to between 5-15 feet @ 80% (Frontage A) * Residential-only allowed behind com- mercial or using MU-R-3-C * Height up to 100-feet * Upper step-back required after 40-feet (min. 20-feet from setback) * Build-to between 5-15 feet @ 80% (Frontage A) * Residential allowed on upper floors (not allowed on ground floor) * Height up to 100-feet * No upper step-back required * Build-to between 5-15 feet @ 80% (Frontage A) * Residential allowed behind commercial, on upper floors, or by using MU-R-3-C E. Girard Ave. E. Floyd Ave. E. Eastman Ave. E. Hampden Ave. S. B r o a d w a y S. A c o m a S t r e e t S. L i n c o l n S t r e e t US 2 8 5 35 0 0 B L O C K 34 0 0 B L O C K 33 0 0 B L O C K 32 0 0 B L O C K Exhibit E: Zoning Designations Page 252 of 376 50 South Broadway Design Guidelines B. Street Scale. In general, new buildings should appear similar in height, mass, and scale to other buildings in the area. Taller structures should reflect the traditional street scale of one to two stories. A step back after 40-feet, or the 3rd floor, is required in MU-B-1. Consider the following guidelines to further respond to lower street scale buildings: i Plan step backs on upper floors of a building to align with and respond to adjacent buildings of lower scale. ii When a building is more than two floors taller than an adjacent building, step down the massing of the building to be no more than two floors taller than an adjacent structure. iii Avoid situations where the ground floor is recessed further than upper floors. This is not a traditional pattern and makes the building appear out of proportion. Bay windows or smaller projecting elements may be appropriate. A step back is provided after the 3rd floor and an entrance court provides relief in the sidewalk. A step back is provided after the 3rd floor on part of the building breaks up the massing of this building to look like multiple buildings with a varied roofline. A step back after the 2nd floor creates a traditional scale along the street. Page 253 of 376 51South Broadway Design Guidelines C. Building Massing, Scale and Proportion. Break up the scale of large buildings to appear like multiple, smaller structures and accommodate smaller retail spaces that are similar to traditional floor plates. i Massing and modulation elements are required every 50-feet in this district per 16-6-5. Utilize as many of these criteria as feasible in an architectural design without appearing too “busy” – find a balance and utilize proportion and purpose when instituting massing and modulation techniques. ii The maximum wall length of a singular structure along South Broadway should be no more than 300-feet in length before a mid-block passage or open-air courtyard is provided with access from South Broadway. iii Design a building with a large floor plate to appear like multiple individual structures or storefronts and moderate building heights. iv Traditional floor plates typically consisted of 25-foot wide (or less) retail storefronts. Follow this pattern in new structures when feasible to create a more interesting ground floor experience that accommodates a wide variety of retailers. This building utilizes bay windows and balconies to create a purposeful rhythm to the facade. A modest brick box building is modulated with recessed entrances and windows and brick detailing. A large floor plate building is made to look like two separate structures with material changes. Page 254 of 376 52 South Broadway Design Guidelines D. Windows. Window design should follow traditional patterns of punctuated openings that create a rhythm to the façade. i Avoid wall faces that do not include windows, even on upper floors and on the rear sides of structures. ii If windows cannot be provided due to the interior function of the building, incorporate public art, vertical wall landscaping (structure with vining plants), or decorative features that add architectural interest. iii Incorporate solar control features such as sunshades, light shelves, awnings, louvers, etc. on south or west-facing windows to add visual interest and control solar exposure. iv Also refer to Table 6-4 in the Municipal Code section 16-6-4. E. Private Outdoor Space. Balconies and rooftop patios are encouraged to add visual interest to a façade, provide private open space for tenants, maximize views of the Colorado landscape, and provide more “eyes on the street” to allow residents and employees to self-monitor the district and increase safety. i Place balconies to overlook public spaces such as streets, parks, and plazas. i Ensure ample space is given to balconies and private open space. Large contemporary windows follow traditional “punched” opening patterns and include solar controls. Balconies overlook the street and provide additional surveillance while also contributing to the facade rhythm. Page 255 of 376 53South Broadway Design Guidelines 5.4 Materials and Color INTENT: New building materials in the district should relate to the history of the place and context and create a visually cohesive traditional main street district. Materials standards are listed in 16-6-5.F and Table 6-5 of the Unified Development Code. In addition, the following guidelines apply. GUIDELINES: A. Materials. Use durable, high-quality materials that are properly installed and designed to last. i Brick is the predominant material in the district today and is desired as a primary material for new buildings. ii Contemporary materials are also appropriate as long as they are durable. iii Keep material palettes simple - do not overcomplicate a facade with multiple materials. iv Unique material detailing is encouraged. v Stucco should be avoided on the ground floor, especially near high- traffic areas and building faces oriented to a street. B. Color. Colors should be primarily earth- toned and natural and respond to the surrounding context. i Bright and primary colors should be limited to accent elements such as for windows/storefront trim, awnings, or to highlight a special architectural feature. ii Avoid changing colors or materials on the same plane. Use a designed projection or recess of a building to change colors and materials. iii Only change colors at internal corners of a wall plane change, not external. Keep material palettes simple. Bright and primary colors should be limited to accent elements, such as this red awning that matches the brand of the restaurant. A pop of yellow is incorporated on balconies and decking to an otherwise neutral architectural color palette. Page 256 of 376 STUDY SESSION TO: Mayor and Council FROM: Joe Isenbart DEPARTMENT: Information Technology DATE: March 10, 2025 SUBJECT: Technology Plan Presentation DESCRIPTION: Technology Plan Presentation RECOMMENDATION: Staff recommends that Council review the information provided in the 2025-2027 Technology Plan and provide feedback. SUMMARY: Every department in the organization relies heavily on technology tools to provide important services to community members. At the same time, technology continues to evolve and new security threats emerge daily. To ensure the Englewood Information Technology (IT) Department is better prepared to handle existing needs now, and to position us to meet the long-term needs of the organization, staff created the 2025-2027 Technology Plan. ANALYSIS: Growing demand for technology highlights significant inefficiencies and challenges with our current information technology processes, systems, and infrastructure as indicated in customer surveys and other analysis. These issues not only impact employee productivity but also limit our ability to scale effectively and meet growing demands. In today’s digital world, concerns over data security and compliance pose significant risks to our reputation and operational continuity. To address these challenges, our Technology Plan aims to improve internal processes, modernize our infrastructure, enhance cybersecurity measures, maximize the value of Information Technology Investments, and develop data management processes to support informed decisions. By implementing these initiatives, we strive to achieve greater operational efficiency, enhance customer satisfaction, and ensure scalability for future growth. This technology plan is crucial for improving our capability, enabling us to effectively support our mission of empowering users to deliver exceptional services to members of our community. The City of Englewood Strategic Plan identifies the creation of a Technology Plan as a plug-in plan to provide updated, innovative, and accessible tools and technology to support City goals and projects under the Governance outcome area. Page 257 of 376 COUNCIL ACTION REQUESTED: Staff will review the 2025-2027 Technology Plan with Council and welcomes questions and discussion. FINANCIAL IMPLICATIONS: There is no financial impact associated with this action. CONNECTION TO STRATEGIC PLAN: The Technology Plan is a Plug-In Plan for the City's Strategic Plan, and connects into the Tools and Technology goal in the Governance outcome area. OUTREACH/COMMUNICATIONS: The IT Department engaged over 100 staff members in the development of the plan, including through surveys and focus groups. ATTACHMENTS: 2025-2027 Technology Plan, Tech Plan PowerPoint presentation Page 258 of 376 INFORMATION TECHNOLOGY STRATEGIC PLAN 2025- 2027 A CITY OF ENGLEWOOD PLUG-IN PLAN Page 259 of 376 VISION Deliver a collaborative and innovative digital environment to enable staff to provide exceptional services to citizens MISSION Empower users through collaboration and the use of innovative solutions MISSION VISION VALUES ABOUT THIS PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 THE PLANNING CYCLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 SWOT ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 INTERNAL SURVEY RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 FOCUS AREA ONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 FOCUS AREA TWO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 FOCUS AREA THREE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 FOCUS AREA FOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 CONNECTIONS TO OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 TABLE OF CONTENTS Cultivate Partnerships Investing in our community through collaboration and extraordinary service. Pride in Englewood Honoring our history and celebrating Englewood’s uniqueness. Foundation of Trust Acting with integrity in everything we do. Value People Empowering our employees to achieve greatness by creating a place where everyone wants to work. Resilient Leadership Demonstrating adaptability through strategic thinking and proactive planning. One Team Embracing diverse perspectives and ideas because every person counts. Pa g e 2 6 0 o f 3 7 6 1City of Englewood | Information Technology Strategic Plan | 2025 City departments increasingly rely on technology to support efforts to provide high quality services to citizens. Growing demand for technology highlights significant inefficiencies and challenges with our current information technology processes, systems, and infrastructure. These issues not only impact employee productivity but also limit our ability to scale effectively and meet growing demands. In today’s digital world, concerns over data security and compliance pose significant risks to our reputation and operational continuity. To address these challenges, our Technology Plan aims to improve internal processes, modernize our infrastructure, enhance cybersecurity measures, maximize the value of Information Technology (IT) Investments, and develop data management processes to support informed decisions. By implementing these initiatives, we strive to achieve greater operational efficiency, enhance customer satisfaction, and ensure scalability for future growth. This technology plan is crucial for improving our capability, enabling us to effectively support our mission of empowering users to deliver exceptional services to members of our community. The City of Englewood Strategic Plan identifies the creation of a Technology Plan as a plug-in plan to provide updated, innovative, and accessible tools and technology to support City goals and projects. This is a plug-in project under the Governance goal of Tools and Technology. The IT strategic planning cycle consists of five phases These phases allow us to utilize a standard methodology to review the current state of technology delivery and develop a technology plan that will serve as a living document and provide a roadmap for initiatives to improve our ability to provide a secure, scalable infrastructure and consistent, high quality IT services to end users. Current State Review and Analysis Collaboration and Planning Develop an Implementation Plan Implementation Evaluate and Improve 1 2 3 4 5 Page 261 of 376 3City of Englewood | Information Technology Strategic Plan | 20252City of Englewood | Information Technology Strategic Plan | 2025 Throughout the strategic plan cycle, the following questions are driving factors that guide the development, implementation and continuous improvement of our goals and objectives. CURRENT STATE REVIEW AND ANALYSIS In today’s rapidly evolving technological landscape, understanding the strengths, weaknesses, opportunities, and threats (SWOT) within our organization is crucial for strategic decision-making. The following presents the key findings of our technology SWOT analysis and internal survey results, providing valuable insights into our current technological capabilities and potential as a department. 2. Metrics • What are our Critical Success Factors? • What are our Key Performance Indicators? • What are our baselines? • What are our benchmarks? • What are our milestones? 3. Evaluation • How did we do? • What are the lessons learned? • How can we improve? 1. Planning • What is our current state? • Where do we want to be? • How do we get there? • When do we need to be there? • Who will be impacted? • What City goals and objectives will our strategies align with? • Current IT staff • Culture • Interdepartmental relationships • Leadership support • Department power users STRENGTHS • Innovative technologies • Development of procedures • Reports and dashboards • Training programs • User feedback OPPORTUNITIES • Current IT staff • Knowledge gaps • Lack of clearly defined SOPs • Poor system documentation • Technology bloat WEAKNESSES • Alignment of resources • Return on IT investments • Cybersecurity • Inadequate data governance • Staffing THREATS The analysis indicates that current IT staff represent a strong foundation on which to build a secure and effective technology program. Culture and leadership support were identified as key strengths as well. The absence of defined processes was cited by members of all groups as the department’s biggest weakness. Defining processes and educating staff were our greatest opportunities for improvement, according to all participating groups. Cybersecurity considerations, inadequate staffing, and gaps in governance were key threats identified. Phase 1: Current State Review and Analysis Reviewed and evaluated outcomes from previous goals and objectives enabling the planning team to address known technology needs for upcoming initiatives. This phase included a Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis with key stakeholders (45), internal user surveys (104 respondents), internal risk analysis, and collaborative sessions with the IT team to understand the effectiveness of the current state of technology in the organization. These methods provided key information required by the planning teams to gauge current successes, identify critical needs, and determine long term goals to be considered for the new technology plan. Phase 2: Collaboration and Planning Information from the analysis of internal and external environments was examined. During this process, the IT team collaborated with non-IT staff (19 volunteers) across the organization to participate in brainstorming sessions to share their ideas about ways we can improve as a department. Each team focused on a specific outcome area to develop goals for the IT team. Teams then made decisions on the prioritization of identified initiatives, determined new strategies and established goals and projects to be implemented to improve the outcome area. Phase 3: Develop an Implementation Plan Implementation strategies are established related to governance during this phase. Procedures are identified to monitor and control the strategic plan, and standard practices are implemented for evaluating performance and managing timelines, schedules and resources. Staff will establish Specific, Measurable, Achievable, Relevant, Time Bond, Evaluated, and Reviewed (SMARTER) criteria for each goal. The goals include critical success factors (CFS), and key performance indicators (KPIs) that can be used to identify baselines to measure the success of the resulting initiatives. Projects will be prioritized for execution based on factors such as urgency, cost, benefit, and connection to the City’s strategic plan. Phase 4: Implementation Initiatives identified in the Technology Plan are implemented during this phase. Projects supporting the goals identified during the planning process continue throughout the duration of the Technology Plan term. Project progress is tracked and documented during the implementation process and adjustments are made as needed to ensure success. Quarterly status meetings are conducted to discuss Technology Plan alignment. Phase 5: Evaluate and Review At the end of each plan year, the technology team reviews and evaluates plan progress. The team discusses lessons learned and opportunities for improvement. This phase of the plan ensures our approach to continuous improvement is realized. Metrics are analyzed to determine which initiatives were successful and which failed or fell short of expectations. Based on results, strategies to consider going forward are discussed. PLANNING CYCLE We are currently in Phase 3 Pa g e 2 6 2 o f 3 7 6 5City of Englewood | Information Technology Strategic Plan | 20254City of Englewood | Information Technology Strategic Plan | 2025 OPPORTUNITIES • Desire to Leverage Innovative Technologies – The team has many ideas to improve processes and procedures. Staff feels safe to contribute, knowing that their ideas will be received respectfully and considered seriously. • Policies and Procedures – Developing standardized procedures for everyday activities offers improved efficiency and consistent, high quality service delivery. • Utilizing existing tools to develop dashboards and reports would improve accuracy in decision making and provide valuable information for tracking initiatives across all departments. • Leveraging the IT Steering Committee and user surveys to gather feedback will enable us to promote a culture of continuous improvement while improving buy-in from department users and adhering to application intake processes to streamline technology initiatives. THREATS • Our lack of standard procedures results in inconsistent service, reduced service delivery capability, user frustration, and stifling innovation. • Current business applications that are underutilized or have unused modules reduce the value of IT investments. Failure to identify these issues results in wasted money and possible improvements in efficiency or service delivery are not realized. • The lack of staff with detailed knowledge of cybersecurity regulations and best practices limits our ability to provide adequate security for city systems. The IT department does not currently have the resources and/or knowledge to implement a comprehensive cybersecurity plan, incident response plan, or monitor and improve systems at a level necessary to optimize system security. • The city does not have a cybersecurity plan that addresses current and emerging risks, incident response, business continuity, compliance and monitoring. • The lack of a data governance process threatens the quality and accessibility of key data in the city. Data quality and relevancy is at risk. Incomplete data sets threaten decision-making and management, limiting opportunities for improvement. • Demands on IT staff limit our ability to implement strategies to improve service delivery. The volume of requests received daily leave us in a constantly reactive state. Routine processes such as accounts payable, strategic planning and tracking, compliance, and employee development are often set aside as current staff struggle to keep up with demands. STRENGTHS • Current IT Staff – Current staff are knowledgeable, professional, and motivated to improve. Staff members realize there is much to be improved and actively share innovative ideas for positive change. IT staff currently brings multiple decades of expertise from across many disciplines (law enforcement, business process improvement, small to large scale computer infrastructure consulting, etc] to this endeavor. • Organizational Culture – Staff across the organization understand the role IT plays in supporting their business needs. Members of departments across the city are actively contributing to improvement efforts in IT. We enjoy excellent working relationships between IT and department users. Culture within IT exemplifies One Team by working diligently to resolve all technological needs across the city. • Strong Support from Leadership – The IT team is building a foundation of trust with department leaders. Leadership is receptive to ideas, provides constructive feedback, and supports initiatives to build a secure, scalable, and adaptable IT environment. • Power Users – Power Users in other departments offer benefits to users and IT by providing application support outside of IT. This improves customer service by providing more timely resolutions to department users while decreasing the impact on IT resources. Because power users work more closely with users in their department, more timely resolutions can be provided, allowing users to more quickly return to their daily tasks. WEAKNESSES • Inconsistent Customer Service – A lack of clear standard procedures results in inconsistent service to our customers. Each IT employee responds to service requests differently, in how they communicate, follow up on requests, and close tickets. This leads to uncertainty with users in the organization, and potentially, a lack of trust in the IT department. • Lack of Application Specific Training – There is a lack of training on certain business applications for IT Department staff, as well as staff across the organization. IT staff is often dependent on vendors for assistance with routine activities or troubleshooting, leading to extended time needed to resolve issues. Staff in other departments are not trained to take simple troubleshooting steps to resolve issues without IT. • Lack of Standard Operating Procedures – A lack of defined procedures for project management, documentation, request response, and system lifecycle management lead to unfinished projects, inconsistent performance, ineffective vendor management, and inefficiencies in all areas of IT. • Poor Documentation – A lack of standardized documentation on IT systems leads to extended times to resolution, difficulty in training staff, and poor succession planning. When employees leave the city, they often take any knowledge of systems with them, leaving gaps in understanding of the IT infrastructure and business applications. • IT Technology Bloat – Currently, the city faces a significant challenge due to the overwhelming number of business applications that exceed the current staff’s capacity to support. New applications are frequently onboarded, often without the IT Department’s awareness, which worsens the situation. The absence of a standardized onboarding process results in applications that do not fully meet the business’s needs, leading to underutilization of systems and inefficient use of IT resources. Pa g e 2 6 3 o f 3 7 6 7City of Englewood | Information Technology Strategic Plan | 20256City of Englewood | Information Technology Strategic Plan | 2025 SELF-SERVICE Approximately 43% of users are satisfied or very satisfied that they have the ability to solve simple IT issues themselves, without the need to submit a help desk request. Business applications that received the highest marks in terms of user satisfaction included the police Computer Aided Dispatch/Mobile system, the Laserfiche document management system, and the RecTrac recreation program management system. The city’s permitting system, Hexagon asset management, and fleet management systems received the lowest marks for user satisfaction. About 57% of users are satisfied or very satisfied with the city’s private wireless network. However, 22% of users cited poor signal strength as an issue. More than 60% of respondents indicated they were either satisfied or very satisfied with the service they received from the IT help desk. Professionalism and the ability to get through to a person were high points in questions related to user experience with the IT help desk. Approximately 20 percent of city employees responded to the internal survey, which was intended to further examine the current state of the IT program in the city. The survey sought feedback regarding user satisfaction in areas such as customer service, training, system performance, and overall user experience. Open-ended questions were included to give users the opportunity to offer additional detail about their experiences with technology and support. Results indicate that time to resolution and communication about outstanding requests were areas needing improvement. Only 34% of users responding are satisfied or very satisfied with the training materials currently offered across the organization. SURVEY RESULTS OVERALL SERVICE COMMUNICATION TRAINING MATERIALS BUSINESS APPLICATIONS WITH GREATEST SATISFACTION BUSINESS APPLICATIONS WITH THE LEAST SATISFACTION PRIVATE WIRELESS NETWORK Pa g e 2 6 4 o f 3 7 6 9City of Englewood | Information Technology Strategic Plan | 20258City of Englewood | Information Technology Strategic Plan | 2025 WIRED NETWORK More than 60% of users were satisfied or very satisfied with the city’s wired network in availability, connection speed and reliability. Less than half of respondents reported being satisfied with the city’s public wireless network in availability, ease of connecting, and signal strength. The overall satisfaction of users with city IT services was more than 60%, while almost 13% reported being dissatisfied. PUBLIC WIRELESS NETWORK OVERALL SATISFACTION PAIN POINTS Users frequently identified communication and follow-up as important pain points regarding technology services. Some users reported they were unable to reach a person at the help desk. Others suggest that IT is not staffed sufficiently to provide the level of support for IT projects and applications. Users complained that IT projects are often delayed and appear to be a low priority to IT staff. Some listed the performance of IT equipment as being a frustrating pain point. “The efficiency and performance expectations of the City far exceed the capacity of our IT services and products” – Unknown survey respondent SUMMARY OF FINDINGS Overall, the results of the survey of internal users were mixed, with a slight majority of respondents indicating they are satisfied with IT services generally. However, satisfaction rates showed much room for improvement in all areas. Acceptable satisfaction ratings in the industry are commonly considered to be in the 75%-85% range. Combined with the results of the SWOT Analysis, the information gathered supports a need for significant improvement in all areas of technology delivery in the city. CAPABILITY MATURITY INDEX ASSESSMENT Data from these exercises supports the assumption that IT staff are currently in a reactive state. Employees are concentrating most of their efforts on emerging issues, leaving little time for proactive activities. This firefighting mentality also impairs the strategic mindset, inhibiting innovation and progressive thinking. It also provides us with assessing our level on the Capability Maturity Index (described below). IT currently is at maturity level 1. The goal by the end of 2027 would move to Level 4. The Capability Maturity Model is a five-level framework that can predict the effectiveness of IT in supporting business processes. The five levels of the model are as follows: 1IT Support Service Desk Capability Maturity Model (CMM) | KnowledgeLeader. (2024). Knowledgeleader.com. www.knowledgeleader.com/tools/it-support-service-desk-capability-maturity-model-cmm IDENTIFIED AREAS OF NEED Through analysis of data gathered, the team identified four outcome areas that are critical to the successful execution of the City’s Strategic Plan. Initiatives in these areas will focus on people, infrastructure, governance, and strategic decision- making. The team set goals for each outcome area and identified projects to achieve those goals. Data from user surveys, IT requests, and project tracking, as well as internal assessments will provide metrics that will help us to determine where we are and measure our progress to ensure we are meeting expectations. OUTCOME AREAS IDENTIFIED 1. Elevate People, Ignite Innovation - Delivering consistent, high quality technology services and tools to our most valuable resource, our people. 2. Strengthen and Enhance Systems and Infrastructure/Next-Generation Technology - Improving infrastructure, enhancing security, and providing effective technology tools. 3. Maximize Value and Sustainability - Providing the highest possible value for technology investments. 4. Drive Data-informed Decisions - Harness data to drive transformation through informed decisions. OPTIMIZED A management process performed at an optimal level with best practices in full use.1 1 2 3 4 5 INITIAL A poorly-aligned function with non-documented strategies, manual management processes, lack of integrated systems and heavy reliance on spreadsheets/manual documents REPEATABLE A loosely-aligned function supported by informal policies applied to processes performed by personnel with mixed skill levels DEFINED A strategic management structure in place with well-defined processes supported by an organized and highly trained team MANAGED A function aligned with the organizational strategic plan and personnel We are currently at maturity Level 1 Pa g e 2 6 5 o f 3 7 6 11City of Englewood | Information Technology Strategic Plan | 202510City of Englewood | Information Technology Strategic Plan | 2025 This focus area includes initiatives that ensure the success of city staff and maximize the level of service to our citizens . Projects in this area promote improved customer service and employee access to technology tools and inspire innovation by enabling employees to focus on the services they provide without daily obstacles . AR E A O N E ELEVATE PEOPLE,IGNITEINNOVATION 1. CUSTOMER SERVICE Projects and initiatives designed to improve customer service for internal users by providing consistent, high quality, timely solutions for requests. Metrics • First Call Resolution (phone only) Percentage of requests resolved during the initial call to service desk. 75% • Average time to respond (non-phone channels) • Average time to first response to service request entered as a ticket • Percent of requests resolved in less than four hours • Mean Time to Resolution – Average time it takes to resolve a reported issue • Call abandonment rate – The percent of calls abandoned, disconnected, or hung up before answered • Percent of employees reporting as satisfied on ticket closure surveys • Percent of employees reporting as satisfied on annual internal survey • Develop other analytic metrics by issue type as needed Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create Standard Operating Procedures (SOP) for Technical Analysts at the service desk, including service level agreements (SLA), triage, escalation, communication, and documentation. To maximize timely and effective service to city staff Quarter 1 2025 Evaluate and improve methods for city staff to submit and track technology requests To provide more robust tools for users to submit and monitor IT requests and communicate with IT staff Quarter 2 2025 Develop a business case for the need for additional Technical Services Staff To maximize operational efficiency of technical support analysts and improve overall customer satisfaction Quarter 2 2025 Implement customer service surveys as request tickets are closed To ensure continuous improvement by providing users with a mechanism to contribute timely feedback about their experiences with IT staff Quarter 1 2025 Pa g e 2 6 6 o f 3 7 6 13City of Englewood | Information Technology Strategic Plan | 202512City of Englewood | Information Technology Strategic Plan | 2025 2. STAFF TRAINING/SELF-SERVICE Initiatives to improve internal customers’ ability to resolve issues themselves, decreasing the time to resolution for many issues and reducing the impact of minor requests on IT staff. Metrics • Number of training documents or videos published per month • Number of training sessions executed per quarter • Number of service requests for request types covered in published training materials compared to baseline • Number of training requests received • Analytics of Knowledgebase Usage: • Most popular • Team Usage • Other metrics as needed Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create how-to videos and other documentation with tips and guidelines for troubleshooting common hardware and software issues, to enable users to help themselves where possible To improve efficiencies by ensuring more timely solutions for staff while reducing the demand on IT resources Quarter 4 2026 Create how-to videos or documents with instructions and tips for creating forms, capturing screen shots or video, and other needs to enable users to perform these tasks without IT assistance To empower users to explore and master technology investments, improving efficiency and expanding service delivery internally and to members of our community Quarter 2 2027 Create and maintain a centralized knowledgebase containing how-to videos, documents, and frequently asked questions to provide easy access to self-service information To maximize technology investments through effective management and distribution of training materials and other valuable information Quarter 4 2026 Develop focused training sessions on a variety of self-service topics and business applications To maximize IT investments by ensuring that functionality of existing software and business applications are fully utilized Quarter 4 2027 Create department specific how-to and troubleshooting guides To increase utilization of our business applications and improve users’ knowledge of system capabilities Quarter 4 2027 Develop a program to conduct monthly meetings with city work groups to discuss opportunities or issues To promote a culture of innovation by inspiring staff to seek solutions rather than accepting current limitations Quarter 4 2026 This area focuses on implementing a secure, redundant, scalable infrastructure capable of delivering next generation technology services and implementing robust business applications that improve efficiency and services to the community . STRENGTHEN AND ENHANCE SYSTEMS & INFRASTRUCTURE/NEXT-GENERATION TECHNOLOGY AR E A T W O Pa g e 2 6 7 o f 3 7 6 15City of Englewood | Information Technology Strategic Plan | 202514City of Englewood | Information Technology Strategic Plan | 2025 1. SYSTEM SECURITY Projects and initiatives to fortify our environment with a layered approach to security and fostering a culture of cybersecurity awareness. Metrics • Number of applications brought into compliance with least privilege policy per month • Percent of employees who complete annual Cybersecurity Training • Analytics for onboarding, offboarding, and job changes Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create a Cybersecurity Plan that provides a framework and strategy to improve security system-wide by identifying and mitigating security gaps, risks, and issues To solidify the public trust and ensure the highest level of system security and availability Quarter 4 2025 Develop a program to improve Cybersecurity Awareness training, to include training outlined in the Cybersecurity plan, incident response plan, and continuity plans specific to each workgroup To improve security through a culture of cybersecurity awareness Quarter 4 2026 Review business applications and implement the least privilege principal, providing only the access necessary for employees to do their jobs To improve data security and user efficiency Quarter 2 2027 Build a business case defining the need for a Cybersecurity Engineer to implement the cybersecurity plan, inform leadership, train staff, and prioritize cybersecurity initiatives To acquire staff dedicated to improving security through the execution and maintenance of a formal technology plan Quarter 2 2025 Develop IT Onboarding/ Offboarding/Job Change procedures to ensure best practices are followed when new staff join, leave our organization, or change jobs To improve efficiency and reduce risk through the timely provisioning and removal of employee credentials Quarter 4 2025 2. CONTINUITY OF OPERATIONS Initiatives to support continuity of operations through planning, training, standardization of documentation, and effective incident response Metrics • Number of business continuity planning meetings conducted each quarter • Developed and published Number of continuity plan SOPs developed, reviewed, and published each quarter • Tested and Reviewed - Number of continuity plan tested each quarter Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create an incident response plan To improve our ability to respond to cyber incidents by defining roles and responsibilities of staff, developing communication protocols, and identifying resources and other sources of assistance available during cyber incidents Quarter 4 2025 Develop system documentation standards To formalize documentation standards to ensure availability and reliability of system documentation Quarter 1 2025 Create a program to conduct Continuity of Operations planning To ensure continuity of operations through the development of procedures to be used by IT staff and business units to continue to provide critical services to the community during system outages Quarter 3 2027 Pa g e 2 6 8 o f 3 7 6 17City of Englewood | Information Technology Strategic Plan | 202516City of Englewood | Information Technology Strategic Plan | 2025 This focus area includes activities to ensure all proposed technology initiatives offer exceptional value to citizens and City staff and that solutions are implemented in a timely manner, meeting all expected requirements . Activities in this area include strategies to evaluate new and existing technological tools, ensuring that ongoing investments are effective and sustainable while eliminating systems that fail to provide acceptable value . AR E A T H R E E MAXIMIZEVALUE& SUSTAINABILITY 1. POLICIES AND PROCEDURES Activities focused on improving efficiencies and providing consistent performance in IT department activities Metrics • Number of systems reviewed each quarter • Number of computers supported, overall and by department • Number of computers refreshed each quarter • Percent of projects on track • Percent of tasks completed on time • Percent of milestones completed on time • Number of projects on hold due to insufficient resources • Percent of project requirements achieved • Number of departments or workgroups engaged each month • Number of ideas for improvement received from engagements each month Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Develop and document procedures related to the system lifecycle To maximize return on IT investments by ensuring that infrastructure, hardware, and application systems meet the needs of the business Quarter 4 2027 Develop and document SOPs for physical IT assets To increase value by evaluating user equipment needs and optimizing equipment refresh processes Quarter 3 2025 Develop a standardized project management process To maximize value of IT investments by ensuring that all project implementations meet the needs of the business unit Quarter 3 2025 Develop a city-wide audiovisual program To standardize procurement, support, maintenance and use of systems supporting audiovisual needs in the City of Englewood Quarter 4 2025 Pa g e 2 6 9 o f 3 7 6 19City of Englewood | Information Technology Strategic Plan | 202518City of Englewood | Information Technology Strategic Plan | 2025 2. GOVERNANCE AND RESOURCE MANAGEMENT Initiatives focused on continuous improvement and effective management of IT investments Metrics • Percent active of projects/tasks defined as high, medium, or low priority with drilldowns • Number of computers supported, overall and by department • Number of computers refreshed each quarter Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create a project prioritization process To ensure IT resources are focused on projects that best support the overall mission of the city Quarter 1 2025 Develop a grant management program To improve value to citizens by leveraging alternate funding methods to pay for necessary IT initiatives Quarter 2 2027 Develop a business case to hire an IT Business Support Analyst To manage internal projects and programs, improve processes, track Technology Plan metrics, and drive continuous improvement in the IT Department Quarter 2 2025 Create a vendor management process To maximize the value of IT investments through the effective management of software licensing and vendor support Quarter 3 2025 This area includes activities to promote data-informed decisions, leading to more effective resource allocation, enhanced performance tracking, and the ability to achieve strategic goals with higher precision . Ensuring that our data is accurate, relevant, and complete improves staff confidence to develop innovative tools to deliver information on demand inspires . AR E A F O U R DRIVEDATA-INFORMEDDECISIONS Pa g e 2 7 0 o f 3 7 6 21City of Englewood | Information Technology Strategic Plan | 202520City of Englewood | Information Technology Strategic Plan | 2025 1. DATA GOVERNANCE Activities and process to ensure data quality, adherence to data standards, data relevance to meet the changing needs of the city Metrics • Percent of data sets in compliance with standards • Percentage of data sets reviewed per quarter • Number of new data sets identified per quarter Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Create a data governance committee To engage key stakeholders across the organization to define data governance strategies and develop a culture of data-informed strategic planning Quarter 4 2025 Develop a comprehensive data governance policy To ensure the effective collection and management of data Quarter 2 2026 Create an inventory of all City data sources To ensure proper governance and usability of all data sources Quarter 4 2027 2. DATA DELIVERY Projects and initiatives to define how data is requested, presented, and used throughout the city Metrics • Number of new reports/dashboards requested per quarter • Number of report modification requests per quarter • Number of new data projects requested per quarter • Number of data projects completed per quarter • Number of new data sets added to the central repository • Number of datasets integrated for dashboard and report usage • Report/Dashboard usage analytics • Number of reports/dashboards on hold due to insufficient resources • Number of new data projects on hold due to insufficient resources Key Projects/Initiatives/Activities Project Purpose Expected Delivery Date Develop data delivery standards To implement SOPS and standards defining data presentation best practices Quarter 4 2026 Implement a single data visualization product To provide a centralized data repository to ensure the timely and consistent delivery of accurate and relevant information to users in the organization Quarter 4 2026 Implement a request process for data initiatives Create SOPs defining the process to request specialized reports or tools for data collection, presentation, and reporting Quarter 2 2025 Outcome Goal Project Connection to IT Outcome Areas Connection to Other Goal Areas Infrastructure Reduce the Risk of Flooding Update stormwater storyboard on city’s website with projects on a quarterly basis Drive Data-Informed Decisions Data Delivery Infrastructure Reduce the Risk of Flooding Completion of stormwater master plan updates Drive Data-Informed Decisions Data Delivery Infrastructure Sewer Infrastructure Implement results of 2019 sewer master plan and begin the process of updating the master plan Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Continue to apply for Arapahoe County Open Space grants, specifically for Bates-Logan Park Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Continue to apply for Arapahoe County Open Space grants, specifically for Bates-Logan Park Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Secure funding through FEMA for storm-related potholes and damage Drive Data-Informed Decisions Data Delivery CONNECTIONS TO OTHER OUTCOME AREAS Pa g e 2 7 1 o f 3 7 6 23City of Englewood | Information Technology Strategic Plan | 202522City of Englewood | Information Technology Strategic Plan | 2025 Infrastructure Sustainable Infrastructure Funding Pursue state, local and federal grant and loan opportunities as appropriate Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Continue to review rate studies Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Develop and implement, if approved, Broken Tee (golf) financial plan Drive Data-Informed Decisions Data Delivery Infrastructure Sustainable Infrastructure Funding Work to review and improve contract processes for infrastructure- related contracts Drive Data-Informed Decisions Data Delivery Infrastructure Effectively Manage Assets Effectively Manage Assets Develop and implement processes and plans Drive Data-Informed Decisions Data Delivery Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Drive Data-Informed Decisions Data Delivery Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Elevate People, Ignite Innovation Customer Service Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Elevate People, Ignite Innovation Staff Training/Self Service Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Drive Data-Informed Decisions Data Governance Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Drive Data-Informed Decisions Data Delivery Infrastructure Effectively Manage Assets Implement asset management software for Parks, Public Works and Facilities Maximize Value and Sustainability Governance and Resource Management Infrastructure Effectively Manage Assets Effectively Manage Assets Develop and implement processes and plans Maximize Value and Sustainability Governance and Resource Management Safety Innovate in Policing Expand drone program and continuously assess for opportunities to improve efficiency Drive Data-Informed Decisions Data Governance Safety Innovate in Policing Expand drone program and continuously assess for opportunities to improve efficiency Drive Data-Informed Decisions Data Delivery Safety Policing Policies and Legitimacy Compile annual report on use of force for internal and external communication Drive Data-Informed Decisions Data Governance Safety Policing Policies and Legitimacy Compile annual report on use of force for internal and external communication Drive Data-Informed Decisions Data Delivery Pa g e 2 7 2 o f 3 7 6 25City of Englewood | Information Technology Strategic Plan | 202524City of Englewood | Information Technology Strategic Plan | 2025 Safety Safety Communications Develop new and innovative strategies to communicate information on incidents in the city Drive Data-Informed Decisions Data Governance Safety Safety Communications Develop new and innovative strategies to communicate information on incidents in the city Drive Data-Informed Decisions Data Delivery Safety Safety Communications Post weekly crime statistics updates on social media Drive Data-Informed Decisions Data Governance Safety Safety Communications Post weekly crime statistics updates on social media Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Review dangerous intersections as part of the Englewood Transportation Advisory Committee (ETAC) Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Complete Walkability Maps for three schools Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Work towards completion of the Neighborhood Traffic Calming Program Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Institutionalize Vision Zero through the establishment of an internal committee Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Partner with the Englewood Public Schools to develop and share Safe Routes to School and on transportation safety enhancements Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Engage with the public regarding transportation safety enhancements through public events such as Neighborhood Nights Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Utilize crash and other transportation data Drive Data-Informed Decisions Data Delivery Transportation Transportation Safety Utilize crash and other transportation data Drive Data-Informed Decisions Data Governance Transportation Connected and Clean Transportation Participate in feasibility and detailed planning, involving the public, for a greenway multimodal path involving Little Dry Creek through the downtown area Drive Data-Informed Decisions Data Delivery Economy Commercial Corridor Vibrancy Update business license application to include number of employees at a business Drive Data-Informed Decisions Data Governance Economy Commercial Corridor Vibrancy Update business license application to include number of employees at a business Drive Data-Informed Decisions Data Delivery Economy Business Recruitment Develop business recruitment leads in the monthly coordination meeting between the City of Englewood and the Greater Englewood Chamber of Commerce and the Englewood Downtown Development Authority Drive Data-Informed Decisions Data Delivery Pa g e 2 7 3 o f 3 7 6 27City of Englewood | Information Technology Strategic Plan | 202526City of Englewood | Information Technology Strategic Plan | 2025 Economy Business Climate Post consistent stories and make updates to Englewoodinvests. com including exploration of a possible rebrand Drive Data-Informed Decisions Data Delivery Economy Job Training and Workforce Development Continue and monitor existing job training programs and host at least two job fairs with economic partners Drive Data-Informed Decisions Data Governance Economy Job Training and Workforce Development Continue and monitor existing job training programs and host at least two job fairs with economic partners Drive Data-Informed Decisions Data Delivery Governance Revenue and Finance Prepare and maintain five-year forecast for the general fund Drive Data-Informed Decisions Data Delivery Governance Revenue and Finance Partner with outside tax advisory and audit services to identify sales and use taxes from local, outside and internet sales Drive Data-Informed Decisions Data Governance Governance Tools and Technology Create a service brochure and intake form for data and analytics projects Drive Data-Informed Decisions Data Delivery Governance Tools and Technology Create a governance structure around form use and management Maximize Value and Sustainability Governance and Resource Management Governance Tools and Technology Create a governance structure around form use and management Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Governance Tools and Technology Create a governance structure around form use and management Drive Data-Informed Decisions Data Governance Governance Tools and Technology Establish a document governance policy Drive Data-Informed Decisions Data Governance Governance Tools and Technology Create an artificial intelligence governance policy Drive Data-Informed Decisions Data Governance Governance Tools and Technology Create an artificial intelligence governance policy Elevate People, Ignite Innovation Staff Training/Self Service Governance Policies and Procedures Begin work to develop standard operating procedures (SOP) guidebook that states how policies should be interpreted and implemented Maximize Value and Sustainability Policies and Procedures Governance Policies and Procedures Begin work to develop standard operating procedures (SOP) guidebook that states how policies should be interpreted and implemented Maximize Value and Sustainability Governance and Resource Management Governance Policies and Procedures Continue to implement the digital records system through the implementation of a communications and testing plan and update records and information management policies Maximize Value and Sustainability Policies and Procedures Pa g e 2 7 4 o f 3 7 6 29City of Englewood | Information Technology Strategic Plan | 202528City of Englewood | Information Technology Strategic Plan | 2025 Governance Policies and Procedures Continue to implement the digital records system through the implementation of a communications and testing plan and update records and information management policies Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Governance Staff Training and Development Hold at least 12 Lunch and Learn sessions Elevate People, Ignite Innovation Staff Training/Self Service Governance Staff Training and Development Create at least three unique courses for employees and publish a training catalogue with course offerings Elevate People, Ignite Innovation Staff Training/Self Service Sustainability Water Protection Complete sustainability key performance indicators (KPI) dashboard at South Platte Renew Drive Data-Informed Decisions Data Governance Sustainability Water Protection Complete sustainability key performance indicators (KPI) dashboard at South Platte Renew Drive Data-Informed Decisions Data Delivery Sustainability Waste and Recycling Explore a composting program at all city facilities; track tonnage collected Drive Data-Informed Decisions Data Delivery Sustainability Air Quality Education On an annual basis, using data collected from sensors located in the City, review air quality data and utilize data to assess programmatic changes and initiatives Drive Data-Informed Decisions Data Governance Sustainability Air Quality Education On an annual basis, using data collected from sensors located in the City, review air quality data and utilize data to assess programmatic changes and initiatives Drive Data-Informed Decisions Data Delivery Sustainability Climate Action Fully implement Sustainability Grant program to support community- led sustainability initiatives Drive Data-Informed Decisions Data Governance Sustainability Climate Action Fully implement Sustainability Grant program to support community- led sustainability initiatives Drive Data-Informed Decisions Data Delivery Community Wellbeing Community-wide Identity Utilize data from past Englewood Block parties to consider future improvements Drive Data-Informed Decisions Data Delivery Pa g e 2 7 5 o f 3 7 6 31City of Englewood | Information Technology Strategic Plan | 202530City of Englewood | Information Technology Strategic Plan | 2025 Outcome Goal Project Connection to Other Outcome Areas Connection to Other Goal Areas Elevate People, Ignite Innovation Customer Service Create Standard Operating Procedures (SOP) for Technical Analysts at the service desk, including service level agreements (SLA), triage, escalation, communication, and documentation. Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Customer Service Develop a business case for the need for additional Technical Services Staff Elevate People, Ignite Innovation Customer Service Evaluate and improve methods for city staff to submit and track technology requests Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Customer Service Implement customer service surveys as request tickets are closed Elevate People, Ignite Innovation Staff Training/Self Service Create how-to videos and other documentation with tips and guidelines for troubleshooting common hardware and software issues, to enable users to help themselves where possible Maximize Value and Sustainability Policies and Procedures CONNECTIONS TO OTHER IT OUTCOME AREAS Elevate People, Ignite Innovation Staff Training/Self Service Create and maintain a centralized knowledgebase containing how-to videos, documents, and frequently asked questions to provide easy access to self- service information Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Staff Training/Self Service Create how-to videos or documents with instructions and tips for creating forms, capturing screen shots or video, and other needs to enable users to perform these tasks without IT assistance Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Staff Training/Self Service Develop focused training sessions on a variety of self-service topics and business applications Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Staff Training/Self Service Develop a program to conduct monthly meetings with city work groups to discuss opportunities or issues Maximize Value and Sustainability Policies and Procedures Elevate People, Ignite Innovation Staff Training/Self Service Create department specific how-to and troubleshooting guides Maximize Value and Sustainability Policies and Procedures Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Build a business case defining the need for a Cybersecurity Engineer to implement the cybersecurity plan, inform leadership, train staff, and prioritize cybersecurity initiatives Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Pa g e 2 7 6 o f 3 7 6 33City of Englewood | Information Technology Strategic Plan | 202532City of Englewood | Information Technology Strategic Plan | 2025 Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Develop IT Onboarding/ Offboarding/Job Change procedures to ensure best practices are followed when new staff join, leave our organization, or change jobs Maximize Value and Sustainability Governance and Resource Management Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Create a Cybersecurity Plan that provides a framework and strategy to improve security system-wide by identifying and mitigating security gaps, risks, and issues Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Develop a program to improve Cybersecurity Awareness training, to include training outlined in the Cybersecurity plan, incident response plan, and continuity plans specific to each workgroup Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Systems Security Review business applications and implement least privilege principal, providing only the access necessary for employees to do their jobs Maximize Value and Sustainability Governance and Resource Management Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Develop System Documentation Standards Maximize Value and Sustainability Policies and Procedures Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Create an incident response plan Maximize Value and Sustainability Policies and Procedures Strengthen and Enhance Systems and Infrastructure/ Next-Generation Technology Continuity of Operations Create a program to conduct Continuity of Operations planning Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Policies and Procedures Develop and document SOPs for physical IT assets Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Policies and Procedures Develop and document procedures related to the system lifecycle Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Policies and Procedures Develop a city-wide audiovisual program Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Policies and Procedures Develop a standardized project management process Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Governance and Resource Management Create a project prioritization process Maximize Value and Sustainability Policies and Procedures Maximize Value and Sustainability Governance and Resource Management Develop a grant management program Maximize Value and Sustainability Governance and Resource Management Maximize Value and Sustainability Governance and Resource Management Create a vendor management process Maximize Value and Sustainability Policies and Procedures Drive Data-Informed Decisions Data Governance Create a data governance committee Maximize Value and Sustainability Governance and Resource Management Pa g e 2 7 7 o f 3 7 6 35City of Englewood | Information Technology Strategic Plan | 202534City of Englewood | Information Technology Strategic Plan | 2025 Drive Data-Informed Decisions Data Governance Develop a comprehensive data governance policy Maximize Value and Sustainability Policies and Procedures Drive Data-Informed Decisions Data Delivery Implement a single data visualization product Maximize Value and Sustainability Governance and Resource Management Drive Data-Informed Decisions Data Delivery Implement a request process for data initiatives Maximize Value and Sustainability Policies and Procedures Drive Data-Informed Decisions Data Delivery Develop data delivery standards Maximize Value and Sustainability Policies and Procedures Drive Data-Informed Decisions Data Delivery Implement a request process for data initiatives Maximize Value and Sustainability Governance and Resource Management REPORTING Periodic reports will be compiled to provide a comprehensive overview of the progress, risks, and challenges associated with ongoing initiatives. The report will ensure transparency and keep stakeholders informed of any developments that may influence strategic decision-making. The report will detail the current status of each project, highlighting key milestones anticipated over the next performance period. It will also outline the following: • Potential risks and challenges that could impact project outcomes including proposed mitigation strategies • An updated project timeline, reflecting any adjustments expected due to shifting priorities, resource constraints or unforeseen obstacles • Current metrics, allowing for a data-driven assessment of anticipated success and areas needing improvement Plan updates will be posted to the Information Technology E-Hub page. Semi-annual reports will be presented to the City Leadership team. Updates to the City Council will be presented on an annual basis. LEADERSHIP TEAM Brad Power Christina Underhill Christopher Harguth Kennetha Julien Kevin Engels Pieter Van Ry Sam Watson Shawn Lewis Shawn Weiske Stephanie Carlile Tamara L. Niles Tim Dodd Victor Rachael IT STEERING COMMITTEE Angela Smith Brandon Brown Casey Rogers Christine Hart Joe Morrissette Kennetha Julien Lennie Jarratt Lucia Magnuson Megan Bleess Tracy Jones Trudi Peepgrass Will Charles FOCUS GROUPS CUSTOMER SERVICE Jacob Johnson-Rocho Adrian Torres Amanda Arnce Brandon Brown Courtney Johnson-Rocho Jasmine Purington Linda Calkins Nancy Fenton Shannon Buccio Toni Arnoldy Lucia Magnuson DATA & ANALYTICS Fletcher Johnson Amanda Arnce Curt Osborne Dan DeLaughter Jasmine Purington Megan Blees Myles McReynolds Toni Arnoldy Tigist Yedako Lucia Magnuson EDUCATION & SELF-SERVICE Terry Adams Amanda Arnce Angela Smith Glenda Bird Jeff Stoker Shannon Buccio Shelly Fritz PROCESS IMPROVEMENT Lennie Jarratt Amanda Arnce Brawnny DeLeon Casey Rogers Elizabeth DeWaard Glenda Bird Jamie Safulko Jasmine Purington Jeff Stoker Shelly Fritz Terry Adams Toni Arnoldy ACKNOWLEDGEMENTS SYSTEM SECURITY Nathan Booth Amanda Arnce Brandon Brown Brawny DeLeon Courtney Johnson-Rocho Jeff Stoker Jessie Spires Joe Morissette Ben Alexenberg Tre Blake INFORMATION TECHNOLOGY TEAM Brandon Brown Brawny DeLeon Ed McKee Fletcher Johnson Glenda Bird Jacob Johnson-Rocho Jasmine Purington Jesse Spires Joe Isenbart Lennie Jarratt Mark Hessling Myles McReynolds Nathan Booth Sam Munnell Terry Adams Pa g e 2 7 8 o f 3 7 6 Information Technology Strategic Plan 2025 - 2027 Joe Isenbart, Director of Information Technology Brandon Brown, IT Operations Manager Fletcher Johnson, Data & Analytics Manager Lennie Jarratt, IT Business Services Manager Pa g e 2 7 9 o f 3 7 6 Why plan? •Improve delivery of existing technology services and tools •Modernize Technology Infrastructure •Maximize Technology Investments •Meet increasing demands and improve security in an ever-changing technology landscape "If you do not change direction, you may end up where you are heading," attributed to Lao Tzu Pa g e 2 8 0 o f 3 7 6 Planning Cycle Pa g e 2 8 1 o f 3 7 6 Current State Review •SWOT Analysis •User Survey •Systems Review •Focus Groups Pa g e 2 8 2 o f 3 7 6 SWOT Analysis Pa g e 2 8 3 o f 3 7 6 Survey Results Overall satisfaction of service received from helpdesk – 63% Confidence in helpdesk staff’s ability to solve their problem – 65% Satisfaction with the level of communication regarding outstanding requests – 43% Overall User Satisfaction with Technology – 60% Pa g e 2 8 4 o f 3 7 6 Survey Results, continued Users having confidence in their own abilities to solve simple issues without the help of IT – 43% Users satisfied with the time to resolve IT requests – 56% Users satisfied with training materials currently offered – 43% Users who believe IT staff take a customer oriented approach to providing service – 62% Pa g e 2 8 5 o f 3 7 6 Pain Points •Inability to reach a person at the help desk •Insufficient IT staff to provide the necessary level of support for IT projects and applications •Technology demands exceed the current capacity of IT service and products Pa g e 2 8 6 o f 3 7 6 Summary of Findings •Satisfaction rates below industry standards •Inconsistent customer experience •Ineffective communication •Insufficient staff to support demand •Activities are predominantly reactive •A lack of training •Security Risks •Data underutilized to in decision-making Pa g e 2 8 7 o f 3 7 6 Capability Maturity Index Pa g e 2 8 8 o f 3 7 6 Technology Plan Outcome Areas Elevate People/Ignite Innovation Delivering consistent, high quality technology services and tools to our most valuable resource, our people Next Generation Technology Improving infrastructure, enhancing security, and providing effective technology tools Maximize Value and Sustainability Providing the highest possible value for technology investments. Drive Data-informed Decisions Leverage data to drive transformation through informed decisions Pa g e 2 8 9 o f 3 7 6 Elevate People/Ignite Innovation - Goals Customer Service Projects focusing on providing high-quality, consistent services to all users Staff Training/Self-Service Initiatives to improve users’ knowledge of technology and enable staff to help themselves when possible Pa g e 2 9 0 o f 3 7 6 Next-Generation Technology - Goals System Security Projects and initiatives to fortify our environment with a layered approach to security and fostering a culture of cybersecurity awareness. Continuity of Operations Initiatives to support continuity of operations through planning, training, standardization of documentation, and effective incident responsePa g e 2 9 1 o f 3 7 6 Maximize Value and Sustainability - Goals Policies and Procedures Activities focused on improving efficiencies and providing consistent performance in IT department activities Governance and Resource Management Initiatives focused on continuous improvement and effective management of IT investments Pa g e 2 9 2 o f 3 7 6 Drive Data-Informed Decisions - Goals Data Governance Activities and process to ensure data quality, adherence to data standards, data relevance to meet the changing needs of the city Data Delivery Projects and initiatives to define how data is requested, presented, and used throughout the city Pa g e 2 9 3 o f 3 7 6 Questions? Pa g e 2 9 4 o f 3 7 6 STUDY SESSION TO: Mayor and Council FROM: Curt Osborne, Kevin Engels DEPARTMENT: Finance DATE: March 10, 2025 SUBJECT: City Sales Tax Code Update -- Clarification of Certain Definitions, Imposition and Exemptions, and Overall Code Simplification DESCRIPTION: City Sales Tax Code Update -- Clarification of Certain Definitions, Imposition and Exemptions, and Overall Code Simplification RECOMMENDATION: Staff recommends that City Council review the proposed updates and provide direction on having staff bring forward a Bill for and Ordinance amending Title 4 of the Municipal Code. PREVIOUS COUNCIL ACTION: City Council previously directed the City Attorney to review Englewood Municipal Code from beginning to end, and recommend revisions to--among other things--correct errors, align with current City practice, and eliminate unnecessary and out-of-date provisions of Municipal Code. The City Attorney's Office and Finance have reviewed Title 4 of the City's Municipal Code that relates to sales and use taxes and are making the enclosed recommendations. SUMMARY: While some code changes have happened as needed over the years, it has been many years since a thorough review of Title 4 of the City's Municipal Code has taken place. During the staff review of this section of the code several provisions were identified as opportunities for improvement, correction and alignment with industry best practices. ANALYSIS: The main goals of these recommended changes are: Helping businesses better understand and comply with the code. Strengthening Englewood's home rule authority and aligning the city code with other Colorado home rule cities when this is in Englewood's best interest. Clarification of definitions, taxation positions and exemptions which will help city staff better administer the code. Bringing the definition of an Economic Nexus for remote sellers up-to-date to better protect the city given consumer on-line purchasing preferences. Proposing an exemption for Essential Hygiene Products. COUNCIL ACTION REQUESTED: Page 295 of 376 Staff recommends that City Council review the proposed updates and provide direction on having staff bring forward a Bill for and Ordinance amending Title 4 of the Municipal Code. FINANCIAL IMPLICATIONS: The proposed changes are revenue neutral with the exception of the essential hygiene products exemption. That exemption will reduce city tax collection revenues by between $100,000 to $300,000 per year based on national age, usage and cost estimates. Since there are no proposed tax increases, these changes do not require voter approval per TABOR. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, transparent, effective and efficient. OUTREACH/COMMUNICATIONS: Outreach and training for businesses is planned if these changes are approved. ATTACHMENTS: Proposed Title 4 redline changes. Proposed Ordinance. Sales and Use Tax proposed Municipal Code changes presentation Page 296 of 376 TITLE 4 - MUNICIPAL FINANCES AND TAXATION Chapter 4 SALES AND USE TAX Englewood, Colorado, Code of Ordinances Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:52[EST] (Supp. No. 6157) Page 1 of 45 Formatted: Footer Chapter 4 SALES AND USE TAX 4-4-1: Administration of Tax and License Requirement. A. The City Manager's designee shall prescribe forms and reasonable rules and regulations for the making of returnsReturns, the ascertainment, assessment and collection of taxesTaxes imposed, and for proper administration and enforcement. B. Any person or entity selling at retail tangible personal property or services withinPerson Engaged in Business in the City subject to sales taxor otherwise storing, using, or consuming Tangible Personal Property within the City subject to Sales Tax or Use Tax pursuant to this chapterChapter shall obtain and maintain a current City sales tax license.License. C. Any person or entity storing, using, or consuming tangible personal property within the City subject to use tax pursuant to this chapter shall obtain and maintain a current City use tax license. D. The following shall be exempt from obtaining a sales or use tax license:License: 1. Persons holding Garage sales held in accordance with E.M.C.Sales under EMC § 15-16-2; 2. Informal commercial enterprisesBusiness with annual income less than five hundred dollars ($500.00), including lemonade stands and snow shoveling; 3. Commercial sales associated with not-for-profit fundraising with all monies collected returned to a parent organization, including scouting organizations and local school fundraisers; and 4. Retailers holding a state -standard retail license that ensures payment of salesSales and use taxUse Tax to the City, if the retailer either does not have a physical presence or only an incidental physical presence within the City, and has not previously had a City sales or use taxwho qualify for a general business license revoked for failing to complyfree of charge as allowed under certain conditions of section C.R.S. § 39-26-802.9. They may be provided with a City-specific license requirementsnumber for record keeping and track of Sales and Use Taxes paid. ED. The Licensing Officer shall determine the applicability of an exemption, which shall be subject to appeal pursuant to E.M.C.EMC § 4-4-1-6. F. The Director of Finance may establish a "de minimis" Sales and Use Tax License, for commercial entities grossing or acquiring goods subject to use tax less than thirty thousand dollars ($30,000.00) annually. (Code 1985, § 4-4-1; Ord. 03-78; Ord. 40-19, § 1; Ord. 32-2022, § 2) 4-4-1-1: Application for Sales and Use Tax License. A. Each applicantApplications for a Sales and Use Tax License shall submit an application for such licensebe submitted to the Director of Finance, or such person'sFinance's designee (hereinafter "Licensing Officer") biannually.biennially, accompanied by all required fees. Unless an exemption above applies, aA separate License is required for each physical location within the City. The application shall: 1. Be in writing, usingon forms promulgated by the Licensing Officer. The form shall include, including a signed affidavit by the applicant providing: a. The name and address of the individualPerson to be designated the licensee; Style Definition: Header Style Definition: Emphasis Style Definition: Footer Style Definition: Normal (Web) Style Definition: List Paragraph Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: Not Italic Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: List 2, Indent: Left: 0.33" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 297 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 2 of 45 b. The name and address of the registered agent who may accept service on behalf of the licensee if the licensee is not a resident of the City of Englewood; c. The official The address to which all official correspondence is to be mailed, and/or an e-mail address at which the licensee mayto receive official notifications from the City. If the licensee does not have a business email the licensee may select (or if there is no e-mail, an additional alternative method of notification which they must certify may be relied upon by the City until the City is notified otherwise in writing of a change;); dc. The name of the commercial enterpriseBusiness, including both the name set forth upon any articles of incorporation and the name under which it is doing business within the City (identified businessBusiness location); ed. The address whereof the commercial enterpriseBusiness is located; fe. A general description of the activity to be conducted by the commercial enterpriseBusiness; gf. A statement of charitable status and supporting documentation, if applicable; hg. The regular hours of operation of the identified businessBusiness location of commercial enterprise; and ih. Any additional information required by the licensing officer or any other provision of the Englewood Municipal Code. B. Review of Application. The applicant shall submit all applicable fees to the Licensing Officer prior to a review of the application for conformance with the provisions of this Code, all in accordance with Section 4-4-1-3or EMC. CB. Denial or Revocation of License. The Licensing Officer is hereby authorized to may deny any applicationsapplication, or renewal applications, or to suspend or revoke a license when the licensing officer determines: 1. The license was obtained by fraud, misrepresentation, or false statements. 2. The licensed activity is a public nuisance as defined by ordinance or statute. 3. The license was issued in error. 4. The licensee has either authorized the commercial enterprise or its premises, or allowed the commercial enterprise or its premises, to be utilized in violation of any license application requirement, or of any regulation or law of the City, State, or Federal government. provided in EMC § 5.The licensee is in default upon any indebtedness or other obligation due the City. 6. The licensee allowed the license to lapse by failing to submit a reapplication before the expiration of a current license. -1-4(D. Licensing Fees. Licensing fees shall be set within the City's fee and rate schedule. Fees associated with the Sales and Use Tax License may provide for the waiver of licensing fees to organizations organized under § 501(c)(3) of the Federal Tax Code, or any analogous legal recognition of charitable status. Request for exemption must be made within an initial request for a Sales and Use Tax License. If a commercial enterprise changes its legal status to a charitable status or from a charitable status it must reapply for a Sales and Use Tax License as a new business.) (Ord. 40-19, § 2) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: List 3 Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 298 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 3 of 45 4-4-1-2: Duties of Licensing Officer. A. The Director of Finance, or designee, shall serve as the City's Licensing Officer. The Licensing Officer shall: shall have the same duties for this Title as provided in EMC § 5-1. Collect all applicable fees-3 for Title 5, and issue Sales and Use Tax Licensesorders to persons qualified under the provisions of this title; 2. Promulgate and enforce all reasonable rules and regulations necessary for the effective administration and enforcement oflicensees for compliance with this title. Title. 3. Prepare and provide forms necessary to carry out the requirements of this title. 4. Require applicants to submit all affidavits and sign all oaths necessary to administer this title. 5. Notify each applicant of the approval or denial of each application. If such application is denied the grounds for denial shall be provided in writing. 6. Establish rules and regulations for a "de minimis" Sales and Use Tax License, an alternative license applicable to commercial entities grossing less than thirty thousand dollars ($30,000.00) annually, and/or acquiring less than thirty thousand dollars ($30,000.00) of goods subject to use tax annually, such license allowing for reduced application procedures and exemption from sales and use tax audit requirements. Commercial entities meeting the definition of a de minimis business may apply for either the de minimis Sales and Use Tax License or the regular Sales and Use Tax License. (Ord. 40-19, § 3) 4-4-1-3: Fees and Terms of License. A. A. All The non-refundable application fee and other licensing fees provided for within this title shall be adoptedset by Resolution of the City Council of the City of Englewood and maintained within the City's fee and rate schedule. B. B. Should the City Council exempt Charitable Organizations from any fee, request for exemption must be made with the application for a License. If a Business changes its Charitable Organization legal status, it must apply for a new License. C. All filings received in paper format and/or requiring in-office processing shall be assessed an administrative fee set by the City Council. D. Term. 1. Sales and Use Tax City-issued Licenses issued to commercial enterprises located within the City of Englewood shall expire upon the earlier of two (2) from date of issuance or: any of the following intervening events:: a. Transfer of the commercial enterpriseBusiness to another owner,; b. Transfer of the commercial enterpriseBusiness to another location, ; c. Any change of name associated with the commercial enterprise, Business; d. Any significant change of nature or use of the business,Business; or e. The closure of such commercial enterprise for a period in excess of three (3) months.Business for more than 90 days. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: List 1 Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.58" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 299 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 4 of 45 2. Sales and Use Tax Licenses be valid for two (2) years, and shall expire two (2) years from the date of licensureissuance. 3. Enterprises requiring a Sales and Use Tax shall not be subject to fines for failing to obtain a valid license until such license renewal is thirty (30) days overdue. C. No refund of an application fee shall be made.E. Licenses may not be modified or transferred. D. All license applications, returns and payments required under this Title received in paper format and requiring in-office processing shall be assessed an administrative fee to be adopted by Resolution of the City Council and set forth within the City's fee and rate schedule. (Ord. 40-19, § 4) 4-4-1-4: Modification of Licenses. Licenses are not eligible for modification. Any change to the following information shall terminate the license and require an application for new license within thirty (30) days of the occurrence of such event: 1. Transfer of the commercial enterprise to another owner; 2. Transfer of the commercial enterprise to another location; 3. Any change of name associated with the commercial enterprise, including both the name set forth upon any articles of incorporation and the name under which it is doing business within the City; 4. Any change of the name or address of the licensee; 5. The nature of activity conducted by the commercial enterprise; or 6. Change in designation to/from a charitable status. (Ord. 40-19, § 5) RESERVED 4-4-1-5: Inspections; Enforcement; Notice. A. A licensee shall make available all records required to be maintained in conformance withby the terms of the Sales and Use Tax License, and Sections 4-4-4-6 and 4-4-4-7 of this titleTitle , to the Licensing Officer, or designee, or any person authorized to carry out enforcement ofenforce this titleTitle. B. Official notices, including notices of intent to inspect or audit any records, shall be sent to the email address provided for such by the licensee, and/or by regular mail to the official mailing address designated by the licensee at the address to which all official notices shall be sent.provided under EMC § 4-4-1-1. Notice shall be deemed received forty-eight (48) hours after it was sent by email. . C. Any person who shall : 1. Violate any of the provisions of this chapter, or Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 300 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 5 of 45 2. Violate or fail to comply with any order made by the Director of Finance or Licensing Officer, and from which no appeal has been taken, shall be in violation of this Code and shall be subject to those penalties prescribed in Section 4-4-20 of this Municipal Code. D. The penalty for operating without a valid Sales and Use Tax License shall be twenty-five dollars ($25.00) per day. Each day shall be a separate violation. E. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violation within ten (10) days, unless an extension shall be approved by the Director of Finance for good cause shown. F. The suspension or revocation of any license or other privileges conferred by the city pursuant to this chapter shall not be regarded as a penalty for the purposes of enforcement of this Code. (Ord. 40-19 , § 6) 4-4-1-6: License Hearings, Orders, and Appeals. A. Upon information of a any violation of this title, or any associated code, ordinanceTitle, other applicable law or regulation, the Licensing Officer shall issue a provisionalan order to the licensee to bring such commercial enterpriseBusiness into compliance. 1. The provisional order, and all other notices issued in association withunder this titleTitle, shall notify the licensee of the specific violation(s), including the citation to the law or regulation, and a short description of the facts of the violation. 2. Before the period of compliance expires as provided within the provisional order, the licensee may submit a written applicationappeal the order, in writing to the Licensing Officer, for an administrativeappeal hearing to be held in front ofbefore an administrative hearing officer. 3. TheWithin fourteen (14) days of receipt, the Licensing Officer shall request the City Clerk assign the request to an administrative hearing officer within fourteen (14) days of the receipt of the application for a hearing. 4. The administrative hearing officer shall schedule an administrative hearing within a reasonable time. The administrative hearing officer shall make a final decision and issue an order in writing within thirty (30) days after the conclusion of the hearing. The decision and order shall be sent by email to both parties at the designated email addresses provided by both parties. An official written copy of the decision and order shall be mailed to both parties to the designated mailing addresses of both parties within twenty-four (24) hours of such documents having been emailed to the partiessending via email. 5. Either party may appeal the final order of the administrative hearing officer pursuant to the any courtRule 106(4)(a) of competent jurisdiction within ten (10) days following the date the final order was emailed to both parties.the Colorado Rules of Civil Procedure. B. A denial of a Sales or Use Tax License by the Licensing Officer shall be deemed a final decision and may be appealed pursuant to the process set forth within this section.to an administrative hearing officer following the procedures above. (Ord. 40-19 , § 7) 4-4-2: Definitions. When used in this Chapter, the following words and phrasesdefinitions shall apply: have the following meanings, unless from the context it clearly appears that a different meaning is indicated: Formatted: Indent: Left: 0", First line: 0" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 301 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 6 of 45 Agricultural Producer means a person regularly engaged in the business of using land for the production of commercial crops or commercial livestock. The term includes farmers, market gardeners, commercial fruit growers, livestock breeders, dairymen, poultrymen, and other persons similarly engaged, but does not include a person who breeds or markets animals, birds, or fish for domestic pets nor a person who cultivates, grows, or harvests plants or plant products exclusively for that person's own consumption or casual sale. Auction means any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof.apply: Automotive Vehicle means any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes. Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. Business means all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. Candy means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy does not include any preparation containing flour, products that require refrigeration or marijuana infused products. Carrier Access Services means the services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. Charitable Organization means any entity which: (1) has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, and (2) is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the burden of government. CityCigarette shall mean any product within the definition at C.R.S. 39-28-202(4), as from time to time amended. Claim for Recovery means the municipalitya claim for reimbursement of Englewood. Coin Operated Device means any device operated by coins or currency or any substitute therefor. Coins means monetized bullion or other forms of money manufactured from gold, silver, platinum, palladium or other such metals now, inSales and Use Taxes paid to the future or heretofore designated as a medium of exchange under the laws of this State, the United States or any foreign nation. wrong taxing jurisdiction. Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, City staff time, prosecution and attorney fees. Commercial Packaging Materials means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial Packaging Materials doesdo not include Commercial Shipping Materials. Commercial Shipping Materials means materials that do not become part of the finished product to the purchaser which are used exclusively in the shipping process. Commercial Shipping Materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. Community Organization means a nonprofit entity organized and operated exclusively for the promotion of social welfare, primarily engaged in promoting the common good and general welfare of the community, so long Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 302 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 7 of 45 as: (1) no part of the net earnings of which inures to the benefit of any private shareholder or individual; (2) no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; and (3) which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. Construction Equipment means any equipment, including mobile machineryMobile Machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure or infrastructure. Construction Materials means tangible personal propertyTangible Personal Property which, when combined with other tangible personal propertyTangible Personal Property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materialsConstruction Materials. Consumer means any personPerson in the City who purchasesPurchases, uses, stores, distributes or otherwise consumes tangible personal propertyTangible Personal Property or taxable services, purchasedTaxable Services, Purchased from sources inside or outside the City. Contract Auditor means a duly authorized agent designated by the taxing authority and qualified to conduct tax audits on behalf of and pursuant to an agreement with the municipality. Contractor means any personPerson who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor; also includes subcontractor. Cover Charge means a charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. Data Processing Equipment means any equipment or system of equipment used in the storage, manipulation, management, display, reception or transmission of information.(s). Digital Product means an electronic product including, but not limited to: (1) "digital images" which means works that include, but are not limited to, the following that are generally recognized in the ordinary and usual sense as "photographs," "logos," "cartoons," or "drawings," (2) "digital audio-visual works" which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any, (3) "digital audio works" which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works," "ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication, and (4) "digital books" which means works that are generally recognized in the ordinary and usual sense as "books." Distribution means the act of distributing any article of tangible personal propertyTangible Personal Property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. Dual Residency means those situations including, but not limited to, where a person maintains a residence, place of business or business presence, both within and outside the City. A person shall be deemed to have established a legitimate residence, place of business or business presence outside of the City for purposes of dual Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 303 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 8 of 45 residency if the person has a physical structure owned, leased or rented by such person which is designated by street number or road location outside of the City, has within it a telephone or telephones in the name of such person and conducts business operations on a regular basis at such location in a manner that includes the type of business activities for which the business (person), as defined in this Code, is organized. Dwelling Unit means a building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Economic Nexus means the connection between the City and a Person not having a physical nexus in the State of Colorado, which connection is established when the Person or Marketplace Facilitator makes Retail Sales into the City, and: (1.) In the previous calendar year, the Person or Marketplace Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or (2.) In the current calendar year, 90 days have passed following the month in which the Person or Marketplace Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26- 102(3)(c), as amended. This definition does not apply to any Person who is doing business in this state but otherwise applies to any other Person. Engaged in Business in the City means performing or providing services or selling, leasing, renting, delivering or installing tangible personal propertyTangible Personal Property for storageStorage, use or consumption, within the City. Engaged in Business in the City includes, but is not limited to, any one (1) of the following activities by a personPerson: (1) directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of businessBusiness within the taxing jurisdiction; (2) sends one (1) or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit businessBusiness or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; (3) maintains one (1) or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; (4) owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; (5) is required to collect and remit sales tax as a marketplace facilitator or (6) makes Retailer in the state of Colorado that makes more than one (1) delivery into the taxing jurisdictionCity within a twelve- month period or (6) makes Retail Sales sufficient to meet the definitional requirements of Economic Nexus. Essential Hygiene Products means incontinence products, diapers, and period products consisting of absorbent cloth or disposable products worn by human who are incapable of, or have difficulty, controlling their bladder or bowel movements and consumer products used to manage menstruation. Factory Built Housing means a manufactured home or modular home. Farm Closeout Sale means full and final disposition of all tangible personal property previously used by a farmer or rancher in farming or ranching operations which are being abandoned. Farm Equipment means any farm tractor, as defined in Section 42-1-102(33), C.R.S., any implement of husbandry, as defined in Section 42-1-102(44), C.R.S., and irrigation equipment having a per unit purchase price of at least one thousand dollars ($1,000.00). Farm Equipment also includes, regardless of purchase price, attachments and bailing wire, binders twine and surface wrap used primarily and directly in any farm operation. Farm Equipment also includes, regardless of purchase price, parts that are used in the repair or maintenance of the Farm Equipment described in this Paragraph, all shipping pallets, crates, or aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural applications. Farm Equipment also includes, regardless of purchase price, dairy equipment. Except for shipping pallets, crates or aids used in the transfer or shipping of agricultural products, Farm Equipment does not include: (1) vehicles subject to the registration requirements of Section 42-3-103, C.R.S., regardless of the purpose for which such vehicles are used; (2) machinery, equipment, Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 304 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 9 of 45 materials, and supplies used in a manner that is incidental to a farm operation; (3) maintenance and janitorial equipment and supplies; and (4) tangible personal property used in any activity other than farming, such as office equipment and supplies and equipment and supplies used in the sale or distribution of farm products, research, or transportation. Farm Operation means the production of any of the following products for profit, including, but not limited to, a business that hires out to produce or harvest such products: (1) agricultural, viticultural, fruit, and vegetable products; (2) livestock; (3) milk; (4) honey; and (5) poultry and eggs. Finance Director means the Finance Director of the City of Englewood or such other person designated by the municipality; Finance Director shall also include such person's designee. Food For Home Consumption means food for domestic home consumption as defined in 7 U.S.C. Section§ 2012(k) (2014), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as defined in 7 U.S.C. Section§ 2012(t), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and or hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin collecting food and snack devices on behalf of a vendor.Retailer.; Garage SalesSale means sales of tangible personal propertyTangible Personal Property, except automotive vehiclesAutomotive Vehicles, occurring at the residence of or online by the seller, where the property to be sold was originally purchasedPurchased for use by members of the household where such sale is being conducted. The term; includes, but is not limited to, yard sales, estate sales, and block sales. Gross Sales means the total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal propertyTangible Personal Property or services. Internet Access Services means services that provide or enable computer access by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of Internet Access Services. Internet Subscription Service means software programs, systems, data and applications available online through rental, lease or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering or record compiling. License means a City of Englewood sales and/or use tax license. Linen Services means services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. Lodging Services means the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other Person or combination of individuals by whatever name knownPersons to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, short term rental, or similar establishment, for a period of less than thirty (30) days under any concession, permit, right of access, license to use, or other agreement, or otherwise. Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible personal property.Tangible Personal Property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. Manufactured Home means any pre-constructed building unit or combination of pre-constructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 305 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 10 of 45 residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. ; includes a modular home Manufacturing means the operation or performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal propertyTangible Personal Property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales softwareSoftware application, where tangible personal property, commodities,Tangible Personal Property, taxable products or servicesTaxable Services are offered for sale. Marketplace Facilitator means a personPerson who: (1) Contracts with a marketplace sellerMarketplace Seller or Multichannel Seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller's tangible personal property, commoditiesMarketplace Seller's Tangible Personal Property, products, or services through the person's marketplace;Person's Marketplace; (2) Engages directly or indirectly, through one (1) or more affiliated personsPersons, in transmitting or otherwise communicating the offer or acceptance between a purchaserPurchaser and the marketplace sellerMarketplace Seller or Multichannel Seller; and (3) Either directly or indirectly, through agreements or arrangements with third parties, collects the payment from the purchaser and transmits the payment to the marketplacePurchaser on behalf of the seller. A "“Marketplace Facilitator" does not include a personPerson that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace Seller means a personPerson, regardless of whether the personPerson is doing businessEngaged in this stateBusiness in the City, who has an agreement with a marketplace facilitatorMarketplace Facilitator and offers for sale tangible personal property, commodities,Tangible Personal Property, products or services through a marketplaceMarketplace owned, operated, or controlled by a marketplace facilitatorMarketplace Facilitator, and through other means. Medical Marijuana means marijuana acquired, possessed, cultivated, manufactured, delivered, transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid "registry identification card" issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14. Medical Supplies means Prescription Drugs for Animals, Prescription Drugs for Humans, Prosthetic Devices for Animals, Prosthetic Devices for Humans, and special beds for patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions, and human whole blood, plasma, blood products and derivatives. This exemptionMedical Supplies excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Strikethrough Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 306 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 11 of 45 Mobile Machinery and Self-Propelled Construction Equipment means those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machineryMachinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. Modular Home means any structure that consists of multiple sections fabricated, formed or assembled in manufacturing facilities for installation and assembly at the building site, and is constructed to the building codes adopted by the State Division of Housing, created in Section 24-32-706, C.R.S., and is designed to be installed on a permanent foundation. Motor Fuel means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad locomotives. Multichannel Seller means a retailerRetailer that offers for sale tangible personal propertyTangible Personal Property, commodities, or services through a marketplace facilitatorMarketplace owned, operated, or controlled by a Marketplace Facilitator, and through other means, such as their own store or their own website. . Newspaper means a publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaperNewspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. Online Garage Sales means sales of tangible personal property, except automotive vehicles, occurring online, where the property to be sold was originally purchased for use by the seller or members of the seller's household. Park means any area used as a park, reservation, playground, beach, ballfield, shelter house, or any other area owned and used by the City and devoted or designated to active or passive recreation, either on a temporary or permanent basis. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Photovoltaic System means a power system designed to supply usable solar power by means of photovoltaics, a method of converting solar energy into direct current electricity using semiconducting materials that create voltage or electric current in a material upon exposure to light. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems and other electrical accessories to set up a working system. Precious Metal Bullion means any precious metal, including but not limited to, gold, silver, platinum, palladium, that has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form. Prepress Preparation Material means all materials used by those in the printing industry including, but not limited to, airbrush color photos, color keys, dies, engravings, light-sensitive film, light-sensitive paper, masking materials, Mylar, plates, proofing materials, tape, transparencies, and veloxes, which are used by printers in the preparation of customer specific layouts or in plates used to fill customers' printing orders, which are eventually Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 307 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 12 of 45 sold to a customer, either in their original purchase form or in an altered form, and for which a sales or use tax is demonstrably collected from the printer's customer, if applicable, either separately from the printed materials or as part of the inclusive price therefor. Materials sold to a printer which are used by the printer for the printer's own purposes, and are not sold, either directly or in an altered form, to a customer, are not included within this definition. Preprinted Newspaper Supplements shall mean inserts, attachments or supplements circulated in newspapers that: (1) are primarily devoted to advertising; and (2) the distribution, insertion, or attachment of which is commonly paid for by the advertiser. Prescription Drugs for Animals means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. SectionSect. 301, et. seq., as amended, to state at a minimum the symbol "“Rx Only,"”, and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. SectionSect. 301, et. seq., as amended, to state at a minimum the symbol "“Rx Only,"”, and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. Price or Purchase Price means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of materials used, labor or service cost, and exclusive of any direct taxTax imposed by the federal government or by this articleTitle, and, in the case of all retail salesRetail Sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: (1) such exchanged property is to be sold thereafter in the usual course of the retailer's businessRetailer's Business, or (2) such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to taxTax. "Price" or "Purchase Price" includes: (1) The amount of money received or due in cash and credits. (2) Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business.Retailer’s Business. (3) Any consideration valued in money, whereby the manufacturer or someone else reimburses the retailerRetailer for part of the purchase price and other media of exchange. (4) The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price. (5) Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges included in the purchase price and not separately stated. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Bold Formatted: Font: +Body (Calibri) Formatted: Indent: First line: 0.25" Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Bold Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 308 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 13 of 45 (6) Transportation and other charges to effect delivery of tangible personal propertyTangible Personal Property to the purchaser. (7) Indirect federal manufacturers' excise taxesTaxes, such as taxesTaxes on automobiles, tires and floor stock. (8) The gross purchase price of articles sold after manufacturingManufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. "Price" or "Purchase Price" shall not include: (1) Any salesSales or use taxUse Tax imposed by the State of Colorado or by any political subdivision thereof. (2) The fair market value of property exchanged if such property is to be sold thereafter in the retailers'Retailers' usual course of businessBusiness. This is not limited to exchanges in Colorado. Out of state trade-ins are an allowable adjustment to the purchase price. (3) Discounts from the original price if such discount and the corresponding decrease in sales taxSales Tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross salesGross Sales. Private Communications Services means telecommunications services furnished to a subscriber, which entitles the subscriber to exclusive or priority use of any communication channel or groups of channels, or to the exclusive or priority use of any interstate intercommunications system for the subscriber's stations. Prosthetic Devices for Animals means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. Prosthetic Devices for Humans means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. Purchase or Sale means the acquisition for any consideration by any personPerson of tangible personal propertyTangible Personal Property, other taxable products or taxable servicesTaxable Services that are purchased, leased, rented, or sold. These terms include capital leases, installment and credit sales, and property and services acquired by: (1) Transfer, either conditionally or absolutely, of title or possession or both to tangible personal propertyTangible Personal Property, other taxable products, or taxable servicesTaxable Services; (2) A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal propertyTangible Personal Property, other taxable products, or taxable servicesTaxable Services; (3) Performance of taxable servicesTaxable Services; or (4) Barter or exchange for other tangible personal propertyTangible Personal Property, other taxableTaxable products, or servicesServices. The terms "Purchase" and "Sale" do not include: Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Normal, Indent: First line: 0.25" Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Italic Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 309 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 14 of 45 (1) A division of partnership assets among the partners according to their interests in the partnership; (2) The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (3) The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (4) A transfer of a partnership or limited liability company interest; (5) The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (6) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; Rail Carrier means as defined in Section 10102 of Title 49 of the United States Code as of October 10, 2013, and as it may be amended hereafter. Rail Carrier Part means any tangible personal property that is originally designed and intended to be permanently affixed or attached as a component part of a locomotive or rail car used by a rail carrier. Realty- means land and anything fixed, immovable, or permanently attached to it such as buildings, walls, fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems. Recreation Services means all services relating to athletic or entertainment participation events and/or activities including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin operated amusement devices, video games and video club memberships. Renewable Energy means any energy resource that is naturally regenerated over a short time scale and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic sources. Resident means a person who resides or maintains one or more places of businessBusiness within the City, regardless of whether that person also resides or maintains a place of businessBusiness outside of the City. Retail Sales means all sales Sales except wholesale Wholesale salesSales. Retailer or vVendor means any personPerson selling, leasing, renting, or granting a license to use tangible personal propertyTangible Personal Property or services at retail. Retailer shall include, but is not limited to, any: (1). Auctioneer; (2). Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; (3). Charitable organization or governmental entity which makes sales of tangible personal propertyTangible Personal Property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; (4). Retailer-contractorContractor, when acting in the capacity of a seller of building supplies, construction materialsConstruction Materials, and other tangible personal property; andTangible Personal Property; (5). Marketplace facilitatorFacilitator, a marketplace sellerMarketplace Seller, and a multichannel seller engaged in business in the City.Multichannel Seller; and Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 310 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 15 of 45 6. Any Person furnishing or selling Lodging Services. Retailer-Contractor means a contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts. Return means any form prescribed by the City of Englewood administration for computing and reporting a total tax liability. Sale that Benefits a Colorado School means a sale of a commodity or service from which all proceeds of the sale, less only the actual cost of the commodity or service to a person or entity as described in this Code, are donated to a school or a school-approved student organization. Sales or Sales, see the definition or Purchase or Sale above. Sales Tax means the taxTax that is collected or required to be collected and remitted by a retailerRetailer on sales taxedSales Taxed under this CodeTitle. School means a public or nonpublic school for students in kindergarten through 12th grade or any portion thereof. Security System Services means electronic alarm and/or monitoring services. Such term does not include non-electronic security services such as consulting or human or guard dog patrol services. Soft Drink means a nonalcoholic beverage that contains natural or artificial sweeteners. "Soft drink" does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by volume. Software Program means a sequence of instructions that can be measured, interpreted and executed by an electronic device (e.g., a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf ("COTS")," "mass produced" or "standardized;" (3) modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and or (4) the generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any items which add or extend functionality to existing software programs. Software as a Service means software that is rented, leased or subscribed to from a provider and used at the consumer'sConsumer's location, including but not limited to applications, systems or programs. Software License Fee means a fee charged for the right to use, access, or maintain software programs. Software Maintenance Agreement means an agreement, typically with a software provider, that may include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities loaded into existing software, or (3) technical support. Solar Thermal Systems means a system whose primary purpose is to use energy from the sun to produce heat or cold for: (1) heating or cooling a residential or commercial building; (2) heating or cooling water; or (3) any industrial, commercial, or manufacturing process. Sound System Services means the provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 311 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 16 of 45 Special Fuel means kerosene oil, kerosene distillate, diesel fuel, all liquefied petroleum gases, and all combustible gases and liquids for use in the generation of power for propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft, railroad cars or railroad locomotives. Special Sales Event means any sales event which includes more than three (3) vendors taking place at a single location for a limited period of time not to exceed seven (7) consecutive days. Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal propertyTangible Personal Property not while in transit but on a stand still basis for future use when leased, rented or purchasedPurchased at retail from sources either within or without the City from any personPerson or vendorRetailer. Tangible Personal Property means personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. Tax means the use taxUse Tax due from a consumerConsumer or the sales taxSales Tax due from a retailerRetailer or the sum of both due from a retailerRetailer who also consumes. Tax Deficiency or Deficiency means any amount of taxTax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any returnReturn or payment of the taxTax is required under the terms of this CodeChapter. Taxable Sales means gross salesGross Sales less any exemptions and deductions specified in this ChapterCode. Taxable Services means services subject to taxTax pursuant to this ChapterCode. Taxpayer means any personPerson obligated to collect and/or pay taxTax under the terms of this ChapterCode. Telecommunications Service means the service of which the object is the transmission of any two-way interactive electronic or electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two- way communication. Television and Entertainment Services means audio or visual content that can be transmitted electronically by any means, for which a charge is imposed. Therapeutic Device means devices, appliances, or related accessories that correct or treat a human physical disability or surgically created abnormality. Toll Free Telecommunications Service means a Telecommunications Service that allows a caller to dial a number without incurring an additional charge for the call. Total Tax Liability means the total of all tax, penalties and/or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. Transient/Temporary Sale means a sale by any person who engages in a temporary business of selling and delivering goods within the city for a period of no more than seven (7) consecutive days. Transient/Temporary Vendor means any person who engages in the business of Transient/Temporary Sales. Use means the exercise, for any length of time by any personPerson within the City of any right, power or dominion over tangible personal propertyTangible Personal Property or services when rented, leased or purchasedPurchased at retail from sources either within or without the City from any personPerson or vendorRetailer or used in the performance of a contract in the City whether or not such tangible personal Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 312 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 17 of 45 propertyTangible Personal Property is owned or not owned by the taxpayerTaxpayer. Use also includes the withdrawal of items from inventory for consumption. Use Tax means the taxTax paid or required to be paid by a consumerConsumer for using, storing, distributing or otherwise consuming tangible personal propertyTangible Personal Property or taxable servicesTaxable Services inside the City. Wholesale Sales means a sale by wholesalersWholesalers to retailersRetailers, jobbers, dealers, or other wholesalersWholesalers for resale and does not include a sale by Wholesalers to users or consumersConsumers not for resale; latter types of salesSales shall be deemed to be Retail Sales and shall be subject to the provisions of this chapterChapter. Wholesaler means any personPerson doing an organized wholesale or jobbing businessBusiness and selling to Retailers, jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for storage, useStorage, Use, consumption, or distributionDistribution. (Code 1985, § 4-4-2; Ord. 00-7, § 29; Ord. 39-13, § 1; Ord. 11-19 , § 1; Ord. 15-20 , § 1) 4-4-3: Purpose of Tax, Distribution of Proceeds. The City Council hereby declares that the purpose of the levy of the taxesTaxes imposed by this Chapter is for the raising of funds for payment of the general operating expenses of the City and for capital improvements; provided, however, that all of those revenues derived on the useUse, consumption or storageStorage of those items contained in SubsectionEMC § 4-4-5-3B of this Chapter, dealing with motor vehicles3(B) (Automotive Vehicles, trailers or semi-trailers, building materials and supplies,) shall be segregated, held apart and deposited into a separate capital improvement account and shall be used solely to fund and finance the capital improvements of the City. (Code 1985, § 4-4-3) 4-4-4: Sales Tax Imposed. 4-4-4-1: Taxable Items. There The Tax under EMC § 4-4-4-2 shall be collected and paid as a tax the amounts stated in Section 4-4-4-2 upon the following: A. A. On the purchase priceThe Purchase Price paid or charged upon all retail salesSales and purchasesPurchases of tangible personal propertyTangible Personal Property, and products within the boundaries of the City, including delivery within the boundaries of the City, including . B. The Purchase Price paid or charged for the sale or furnishing of telecommunications servicesTelecommunications Services, electricity, steam heat or gas. services B. Upon the amount paid for all meals, including cover charges, if any, furnished in any restaurant, eating house, hotel, drugstore, club, resort or such place at which meals or food are sold to the public. C. Upon the rental fee, price, or other consideration paid or received for the rental or lease of any room, rooms, or mobile home for lodging purposes in any establishment making such available to the public. C. The Purchase Price paid or charged for food or drink prepared for immediate consumption. D. The Purchase Price paid or received for Lodging Services. Formatted ... [1] Formatted ... [2] Formatted ... [3] Formatted ... [4] Formatted ... [5] Formatted ... [6] Formatted ... [7] Formatted ... [8] Formatted ... [9] Formatted ... [10] Formatted ... [11] Formatted ... [12] Formatted ... [13] Formatted ... [14] Formatted ... [15] Formatted ... [16] Formatted ... [17] Formatted ... [18] Formatted ... [19] Formatted ... [20] Formatted ... [21] Formatted ... [22] Formatted ... [23] Formatted ... [24] Formatted ... [25] Formatted ... [26] Formatted ... [27] Formatted ... [28] Formatted ... [29] Formatted ... [30] Formatted ... [31] Formatted ... [32] Formatted ... [33] Formatted ... [34] Formatted ... [35] Formatted ... [36] Formatted ... [37] Formatted ... [38] Page 313 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 18 of 45 E. The Purchase Price paid for Software Programs, Software as a Service, Software License Fees, and Software Maintenance Agreements. (Code 1985, § 4-4-4-1) 4-4-4-2: Sales Tax Levy. A. There is hereby imposed upon all sales of all items specified in EMC § 4-4-4-1, within the boundaries of the City, a sales tax. Effective January 1, 2023, the amount of such sales tax shall be three and four-fifths percent (3.8%) of the sales price. The tax imposed by this section shall be calculated to the nearest penny, but all tax of a fraction of a penny of fifty percent (50%) or more shall be rounded up and all tax of a fraction of a penny or less than fifty percent (50%) shall be rounded down. B. A. A Tax of three and eighty-hundredths (3.8%) percent is imposed and levied upon all Taxable Items described in EMC § 4-4-4-1. B. The following taxesTaxes are hereby levied upon the rental fee, pricePrice, or other consideration paid or received, upon the rental or lease of any room, rooms or mobile homes for Sales of Lodging Services: 1. lodging purposes The Sales Tax in any hotel, motel, lodge, resort, club, rooming house, apartment building or other establishment, making such rooms available to the public, where the period of lodging for which such rental fee, price or other consideration is paid or received shall be less than thirty (30) days. Those taxes hereby levied are: 1. The sales tax imposed by set forth in the preceding subsection A of this Section; and above; plus 2. Two percent (2%) of the of the cost of the rental fee, price, or other consideration paid or received for the lodging on each full dollar of said rental fee. The person, partnership, corporation, or other entity making such rooms available shall, for all purposes of this Chapter, be deemed to be a "retailer" as defined in EMC § 4-4-2.Purchase Price. C. The retailerRetailers shall add the taxTaxes imposed hereto to the saleSale or charge of the item sold, showing such taxTax as a separate and distinct item, and, when added, such taxTax shall constitute a part of such pricePrice or charge, shall be a debt from the purchaserPurchaser to the retailerRetailer until paid, and shall be recoverable at law in the same manner as other debts. D. Any commercial enterprise, whether sole proprietorship, partnership or corporation, who shall enter into any agreement with a charitable organization or government entity with the sole purpose of providing tangible personal property to be sold to the general public by agents of said organization or entity for the purposes of fundraising for the organization or entity shall be deemed to be the retailer. The retailer shall calculate into the final sales price any applicable sales tax which may result from the sale and shall be wholly responsible for the remittance of such sales tax without reducing the benefit to the charitable organization or government entity. E. For transactions consummated on or after January 1, 2023, the City's sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax properly and proportionately imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of three and four-fifths percent (3.8%). A credit shall be granted against the City's sales tax with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed three and four-fifths percent (3.8%). (Code 1985, § 4-4-4-2; Ord. 98-88; Ord. No. 00-43; Ord. 10-2023, § 1) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: List 2 Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 314 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 19 of 45 4-4-4-2A: Establishment of Sales Tax upon the Sale of Retail Marijuana. A. The CitySale of Englewoodretail marijuana shall imposebe subject to an additional sales taxSales Tax of three and one-half percent (3.5%), that may be raised up to fifteen percent (15%) on the sale of retail marijuana in Englewood; provided the tax shall not be raised above three and one-half percent (3.5%) on or before January 1, 2018, and cannot be raised by more than one and one-half percent (1.5%) per year, with the tax to a maximum additional Sales Tax of fifteen percent (15%).Tax revenues beingso collected and used toshall fund local law enforcement, educational programs designated by the City and other City general operating expenses of the City of Englewood. (Ord. 6-19 , § 1) 4-4-4-2B: Annual Increase of Sales Tax upon the Sale of Retail Marijuana. B. To implement Initiated Ballot Issue 300, 2016, staff is directed to the annual proposed City budget shall include within the annual budget, a one and one-half percent (1.5%) annual increase in the additional sales taxSales Tax imposed upon the sale of retail marijuana, up to a maximum of fifteen percent (15%). The City Council may modify the annual additional sales taxSales Tax increase as part of the annual budgeting process. Approval of the annual budget will include approval of the sales taxSales Tax rate for retail marijuana, all in conformance with the provisions of Section 4-4-4-2A above. (Ord. 7-19 , § 1) 4-4-4-3: Exemptions to Sales Tax. A. Exempt Items: The saleSale of the following classes of tangible personal property are exempt from the taxTax imposed by SectionEMC § 4-4-4-2: 1. Motor vehicles,Automotive Vehicles, trailers and semi-trailers, registered outside of the City. 2. Sales of tangible personal propertyTangible Personal Property where both the following conditions exist:: a. The salesSales are to parties who are residentsResidents of, or doing businessBusiness in, the State of Colorado, but outside the City; and b. The articles purchasedPurchased are to be delivered to the purchaserPurchaser outside of the City by common carrier or by the, conveyance ofby the seller or by mail. 3. Sale of fuel used for the operation of internal combustion engines. 4. Sale of medicine, medical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chairs, eye glasses or other mechanical contrivances when purchased with a licensed practitioner's written prescription. Medical supplies, drugs, prosthetic medical and dental appliances, and special beds for patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, Formatted ... [39] Formatted ... [40] Formatted ... [41] Formatted ... [42] Formatted ... [43] Formatted ... [44] Formatted ... [45] Formatted ... [46] Formatted ... [47] Formatted ... 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This exemption excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. 5. Sales of food products which are to be consumed off the premises of the vendor. As used herein "food" means food which is advertised or marketed for home consumption and sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The term includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The term "food" does not include chewing gum; spirituous malt or vinous liquors; cocktail mixes; proprietary medicines; nostrums; lozenges; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers; ice; pet foods; food or drink purchased and used by a business or commercial entity by serving to customers or employees (not resold); food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "take out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. 3. Sales of Motor Fuel 4. Sales of Medical Supplies. 5. Sales of Food for Home Consumption. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumerConsumer thereof. 7. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of Sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaserPurchaser and if the purchaserPurchaser of such materials presents to the retailerRetailer a building permit or other documentation acceptable to the City evidencing that a local use taxUse Tax has been paid or is required to be paid, or that such purchaserPurchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaserPurchaser is exempt from payment of Use Tax pursuant to SectionEMC § 4-4-5-2. 8. Sales of newspapersNewspapers and magazines. 9. Sales of tangible personal propertyTangible Personal Property at a garage sale as defined herein and notGarage Sale in violation ofcompliance with EMC § 15-16-2 EMC. 10. Exempt Commercial Packaging Materials: Containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit, or use that meets all of the following conditions: 1) is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; 2) is transferred by said person along with and as a part of the finished product to the purchaser; and 3) is not returnable to said person for reuse. B. Exempt Taxpayers: Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 316 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 21 of 45 1. Sales 10. Commercial packaging materials 11. Sales of cigarettes, including any product defined by C.R.S. § 39-28-202(4), as amended. 12. Sales of Lodging Services provided to any natural person for a period of more than thirty (30) consecutive days; 13. The retail delivery fee consisting of the community access retail delivery fee imposed in C.R.S. § 24-38.5- 303(7), the clean fleet retail delivery fee imposed in C.R.S. § 25-7.5-103(8), the clean transit retail delivery fee imposed in C.R.S. § 43-4-1203(7), the retail delivery fee imposed in C.R.S. § 43-4-218(3), the bridge and tunnel retail delivery fee imposed in C.R.S. § 43-4-805 (5)(g.7), and the air pollution mitigation retail delivery fee imposed in C.R.S. § 43-4- 1303(8), as such sections existed on June 17, 2021. 14. The carryout bag fee imposed in C.R.S. § 25-17-505, as such section existed on July 6, 2021. 15. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the payment of Sales or Use Tax under this Chapter, is exempt from taxation under this Chapter. 16. All sales to the United States government;, to the State of Coloradostate, its departments orand institutions, and to the political subdivisions thereof, that are: 1.Billed directly to such governmental entities; 2. Paid directly from funds of such governmental entities; and 3. Used exclusively by such governmental entities in their governmental capacity only; in allcapacities. 17. All sales to the City; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. charitable organizations that are: 2. Sales 1. Billed directly to religious,the charitable and eleemosynary institutions, in the conduct of their regular religious, organization; 2. Paid directly from funds of the charitable and eleemosynary functions and activities. organization; and 3. Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter, sales of building materials or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection B1 or B2 hereof. 4. Persons purchasing tangible personal property at a garage sale as defined herein and not in violation of 15-16-2 EMC. C3. Used exclusively for the charitable organization's organizational or operational purposes. 18. The City's Sales Tax shall not apply to the sale of Tangible Personal Property at retail or the furnishing of services if the transaction was previously subjected to a Sales or Use Tax properly and proportionately imposed on the Purchaser or user by another municipality equal to or in excess of the Sales Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's Sales Tax with respect to such transaction equal in amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser or user to another municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-4-2. For the transactions consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed three and one-half percent (3.50%). 19. Sales of Essential Hygiene Products. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Indent: Left: 0.23", First line: 0" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Indent: Hanging: 0.16" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 317 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 22 of 45 B. Burden of Providing Exemptions; Disputes: The burden of proof that any retailerRetailer is exempt from collecting a taxTax upon any goods sold and paying the same to the City, or from making returnReturn for the same, shall be on the retailerRetailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise between any purchaserPurchaser and seller as to whether or not any retail saleRetail Sale is exempt from taxation hereunder, the seller shall, nevertheless, collect and the purchaserPurchaser shall pay such taxTax; and the seller shall thereupon issue to the purchaserPurchaser a receipt, or certificate, on forms prescribed by the City showing the names of the seller and purchaserPurchaser, the items purchasedPurchased, the date, pricePrice, amount of taxTax paid, and a brief statement of the claim of exemption. Thereafter the purchaserPurchaser may apply to the City for a refund of such taxesTaxes and it shall then be the duty of the City toshall determine the question of exemption. In any case where the City refunds any taxesTaxes, it may collect from the retailerRetailer the amount of taxesTaxes retained by him/herthem as a fee which is attributable to the transaction. (Code 1985, § 4-4-4-3; Ord. 00-7; Ord. 00-43; Ord. 02-26; Ord. 02-31; Ord. 05-48, § 1; Ord. 43-17 , § 1; Ord. 11-19 , § 2) 4-4-4-4: Reserved. Editor's note(s)—Ord. No. 40-19 , § 8, adopted Sept. 16, 2019, repealed § 4-4-4-4, which pertained to the license required for marijuana retailer and derived from the Code of 1985, § 4-4-4-4; Ord. 02-31; Ord. 05-48, § 2; and Ord. 08-70, § 1. 4-4-4-5: Itinerant Vendors; Bond RequirementsReserved. Any retailer who does not intend to be actively engaged in selling for a period greater than three (3) consecutive months, shall, prior to obtaining said license, deposit with the City, a cash or surety bond in the amount of sixty dollars ($60.00) for the benefit of the City, in such form as may be approved by the City, which bond shall be conditioned upon and security for the payment of the retail sales taxes due or to become due. Such retailers shall make reports of the amount of taxes collected, shall pay the same to the City upon such forms and at such times as the City may require. Any failure to make such report or to pay any tax due at the time specified shall cause an immediate suspension to the license and the forfeiture of the bond posted. (Code 1985, § 4-4-4-5; Ord. 00-7) 4-4-4-6: Books and Records Kept. It shall be Every Taxpayer or other Person liable to the duty of every personCity for Sales or Use Tax under this Chapter, including Taxpayers and other Persons that apply or that are required byto apply for a permit to improve Realty, shall keep and preserve for a period of four (4) years from the provisions of Section 4-4-1 to obtain a Sales and Use Tax License, to keep and preserve suitable records of all sales made by him/her, and date the Tax is due such other books or, accounts and records, including, without limitation, original Sales and Purchase records, as may be necessary to determine the amount of tax for the collection of which he/she is liable hereunder. It shall beTax that the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise purchased for resaleTaxpayer or other Person is liable to pay or collect, and all such books, invoicesaccounts and other records shall be open for examination at any time by City Personnel. the City. Upon demand by the Finance Director’s designee, the Taxpayer shall make the books, invoices, accounts or other records it maintains available as directed by the City for examination, inspection and audit. The Taxpayer shall maintain its books, invoices, accounts or other records until the examination, inspection and audit is completed. Formatted ... [78] Formatted ... [79] Formatted ... [80] Formatted ... [81] Formatted ... [82] Formatted ... [83] Formatted ... [84] Formatted ... [85] Formatted ... [86] Formatted ... [87] Formatted ... [88] Formatted ... [89] Formatted ... [90] Formatted ... [91] Formatted ... [92] Formatted ... [93] Formatted ... [94] Formatted ... [95] Formatted ... [96] Formatted ... [97] Formatted ... [98] Formatted ... [99] Formatted ... [100] Formatted ... [101] Formatted ... [102] Formatted ... [103] Formatted ... [104] Formatted ... [105] Formatted ... [106] Formatted ... [107] Formatted ... [108] Formatted ... [109] Formatted ... [110] Formatted ... [111] Formatted ... [112] Formatted ... [113] Formatted ... [114] Formatted ... [115] Formatted ... [116] Formatted ... [117] Page 318 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 23 of 45 (Code 1985, § 4-4-4-6; Ord. 00-7; Ord. 40-19 , § 9) 4-4-4-7: Sales Tax Returns. A. Every personPerson required to obtain a Sales and Use Tax License pursuant EMC § 4-4-1under this Chapter shall file a sales tax returnSales Tax Return, with payment of taxTax owed, if any, upon through the standard Municipal sales and use tax reporting form as adoptedmeans directed by the Executive Director of the Colorado Department of Revenue, notCity, no later than the twentieth (20th ) day of each month for the preceding calendar month; providedif, however, that if the accounting methods regularly employed by the licensed retailer in the transaction of his/her business, or other conditions, are such that reports of salesSales made on a calendar monthly basis will impose unnecessaryundue hardship, the Finance Director may, upon request of said retailerRetailer and in the Director’s sole discretion, accept reports at suchalternative intervals as will, in his/her opinion, better suit the convenience of the taxpayer, andif it will not jeopardize the collection of the taxTax. B. The returns so filed shall contain such information as may enable the Director to accurately determine the amount of tax collected by the person filing the return, but in all cases shall contain the following information: 1. The amount of gross taxable sales made by the retailer during the period for which the return is filed; 2. The total sales price of all property returned by the purchaser as a result of a return of goods sold by the retailer; provided, the original sale was a taxable transaction; 3. The total fair market value of any property received by the retailer as a result of an exchange of property; provided the property so received is held by the retailer to be sold or leased to a user or consumer in the regular course of his/her business; 4. The total amount of retail sales which are exempt from the tax imposed by EMC § 4-4-4-2 by reason of the provisions of EMC § 4-4-4-3; 5. The total amount of sales made on credit, the obligation for which is not secured by a conditional sales contract, chattel mortgage or other security instrument entitling the retailer to repossess the item sold, which are found to be worthless and which may be deducted as bad debts on the retailer's Federal income tax return. C. The return shall be accompanied by an amount equal to the sales tax required to be collected by the retailer but which, in no case, shall be less than the amount actually collected, nor less than three and four-fifths percent (3.8%) of the figure derived by subtracting from the gross taxable sales, as reflected on the return, the total sales described in subsections B.2., 3., 4. and 5. above, as reflected on the return. D. All other personsPersons shall pay to the DirectorFinance Director’s designee the amount of any taxTax due under the provisions of EMC § 4-4-4-7, notthis Chapter no later than fifteen (15thirty (30) days after the date that said taxTax becomes due. E. Beginning January 1, 2016; all licenseC. All License applications, returnsReturns and payments required under this chapterChapter received in paper format and/or requiring in-office processing shall be assessed an administrative fee set by City Council within its Fee and Rate Schedule. (Code 1985, § 4-4-4-7; Ord. 02-58; Ord. 05-48, § 3; Ord. 09-35, § 1; Ord. 11-55, § 1; Ord. 14-15, § 1; Ord. 40-19 , § 10; Ord. 10-2023, § 2) 4-4-4-8: Location Guide Retailer Responsibilities. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: History Note Formatted: Font: 12 pt, Bold Page 319 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 24 of 45 A. A. Retailer responsibility for collection of Tax. Every Retailer Engaged in Business and selling at retail shall be liable and responsible for the collection of an amount equivalent to the amount of the Tax imposed by this Chapter computed on the total of all sales made by the Retailer of taxable Tangible Personal Property, products or services. B. Retailer responsibility for remittance of Tax. Every Retailer obligated to collect and/or pay any of the Tax imposed by this Chapter shall file a return and remit the total amount due to the City in accordance with EMC § 4-4-4-7 C. Timely payment evidence; computation of dates. 1. Timely payment may be evidenced by the transaction processing date, postmark date if mailed. Payments processed by the Finance Department or tax portals or postmarked on or before the due date will be considered timely. 2. Any due date, payment date or deadline for paying tax due, providing information or taking other action which falls on a Saturday, Sunday or legal holiday recognized by either the federal government or the State shall be extended to the first business day following such weekend or holiday. D. Every Retailer shall be responsible for verifying the address of the sale to determine the correction jurisdiction to which the Taxes are owed. 1. Street Guide. The City shall make available to any requesting vendor a street guide showing the boundaries of the City. For transactions consummated on or after January 1, 1986, the requesting vendorA Retailer may rely on the most current version of such street guide and any update thereof, available to such vendor, in determining whether to collect a City a salesSales Tax or use taxUse Tax or both. No penalty shall be imposed or action for deficiencyTax Deficiency maintained against such a vendorRetailer who in good faith complies with the most recent version of the street guide available to it. 2. B. Electronic Database—Address Locator. i. 1. Any retailerRetailer that collects and remits sales taxSales Tax to the City of Englewood as provided in this Section may use an electronic database of state addresses certified by the State Department of Revenue pursuant to C.R.S. § 39-26- 105.3 C.R.S. to determine the jurisdictions to which taxTax is owed. Formatted: Font: +Body (Calibri), 10 pt, Not Bold, Not Italic Formatted: Section, Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), 10 pt, Not Bold, Not Italic Formatted: Font: +Body (Calibri) Formatted: Section, Numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.38" + Indent at: 1.5" Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri), 10 pt, Not Bold Formatted: Font: +Body (Calibri) Page 320 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 25 of 45 ii. 2. Any retailerRetailer that uses the data contained in ansaid electronic database certified by the State Department of Revenue pursuant to 39- 26-105.3 C.R.S. to determine the jurisdictions to which tax is owedfor this purpose shall be held harmless for any taxTax, penalty, or interest owed the City of Englewood that would otherwise be but unpaid in good faith due solely as a result of to an error in the electronic =database, provided that the retailer demonstrates that itthe Retailer used the most current information available in such electronic database on the date the saleSale(s) occurred. Each retailerRetailer shall keep and preserve such records as prescribed by the City Manager or his or her designee to demonstrate thathave the burden to prove it used the most current information available in the electronic database on the date the sale(s) occurred. If an error in collecting and remitting is a result ofThis subsection shall not apply to errors resulting from a deceptive or false representation, a false representation, fraud or negligence, the provisions of this Section shall not apply. . (Ord. 08-70, § 2) 4-4-4-9: Marketplace FacilitatorsSales. A. Duties ofA Marketplace Facilitators. WithSeller, with respect to salesSales of tangible personal property, commoditiesTangible Personal Property, products, or services made by marketplace sellers in or through a marketplace facilitator's marketplace, a marketplace facilitator has all of the liabilities, obligations, and rights of a retailer or vendor under Title 4 whether or not the marketplace seller, because the marketplace seller is a multichannel seller: 1. Has or is required to have a license under this Title 4; or 2. Would have been required to collect and remit tax under this Title 4 had the sale not been made in or through the marketplace. 3. Small marketplace facilitators and multichannel sellers who are exempt from collecting sales tax on behalf of the State of Colorado are also exempt from collecting sales tax on behalf of City. B. The liabilities, obligations, and rights set forth in this article are in addition to any requirements the marketplace facilitator has under this Title 4 if it also offers for sale tangible personal property, commodities, or services through other means. C. A marketplace seller, with respect to sales of tangible personal property, commodities, or services made in or through a marketplace facilitator's marketplaceMarketplace Facilitator’s Marketplace, does not have the liabilities, obligations, or rights of a retailer or vendorRetailer under this Title 4 if the marketplace sellerMarketplace Seller can show that such saleSale was facilitated by a marketplace facilitator: Marketplace Facilitator: 1. With whom the marketplace sellerMarketplace Seller has a contract that explicitly provides that the marketplace facilitatorMarketplace Facilitator will collect and remit sales taxSales Tax on all salesSales subject to taxTax under this Title 4; or Formatted ... [118] Formatted ... [119] Formatted ... [120] Formatted ... [121] Formatted ... [122] Formatted ... [123] Formatted ... [124] Formatted ... [125] Formatted ... [126] Formatted ... [127] Formatted ... [128] Formatted ... [129] Formatted ... [130] Formatted ... [131] Formatted ... [132] Formatted ... [133] Formatted ... [134] Formatted ... [135] Formatted ... [136] Formatted ... [137] Formatted ... [138] Formatted ... [139] Formatted ... [140] Formatted ... [141] Formatted ... [142] Formatted ... [143] Formatted ... [144] Formatted ... [145] Formatted ... [146] Formatted ... [147] Formatted ... [148] Formatted ... [149] Formatted ... [150] Formatted ... [151] Formatted ... [152] Formatted ... [153] Formatted ... [154] Formatted ... [155] Formatted ... [156] Formatted ... [157] Formatted ... [158] Page 321 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 26 of 45 2. From whom the marketplace sellerMarketplace Seller requested and received in good faith a certification that the marketplace facilitatorMarketplace Facilitator is registered to collect sales taxSales Tax and will collect sales taxSales Tax on all salesSales subject to taxTax under this Title 4 made in or through the marketplace facilitator's marketplace. Marketplace Facilitator’s Marketplace. D. If a marketplace facilitator demonstrates to the satisfaction of the Finance Director that the marketplace facilitator made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller and that the failure to collect tax on any tangible personal property, commodities, or services sold was due to incorrect information provided to the marketplace facilitator by the marketplace seller, then the marketplace facilitator, but not the marketplace seller, is relieved of liability under Title 4 for the amount of the tax the marketplace facilitator failed to collect, plus applicable penalties and interest. 1. If a marketplace facilitator is relieved of liability under this section, the marketplace seller remains liable under this Title 4 for tax the marketplace facilitator failed to collect, plus applicable penalties and interest. 2. Subsection (D)(1) does not apply to any sale by a marketplace facilitator that is not facilitated on behalf of a marketplace seller or that is facilitated on behalf of a marketplace seller who is an affiliate of the marketplace facilitator. (Ord. 15-20, § 2) B. If a Marketplace Seller makes a Sale that is not facilitated by a licensed Marketplace Facilitator in a Marketplace, the Marketplace Seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other Retailer. C. Auditing. With respect to any Sale, the City shall solely audit solely the Marketplace Facilitator for Sales made by Marketplace Sellers or Multichannel Sellers but facilitated by the Marketplace. The City will not audit or otherwise assess Tax against Marketplace Sellers or Multichannel Sellers for Sales facilitated by a Marketplace Facilitator. 4-4-5: Use Tax Imposed. 4-4-5-1: Tax on Storage, Consumption and Use. There is hereby levied a use tax upon the initial privilege of storing, using or consuming within the boundaries of the City any articles of tangible personal property purchased at retail from sources outside the corporate limits of the City. Effective January 1, 2023, the amount of such use tax shall be three and four-fifths percent (3.8%) of storage or acquisition charges or costs, to be payable to and collected by the Director of Finance. The tax imposed by this section shall be calculated to the nearest penny, but all tax of a fraction of a penny of fifty percent (50%) or more shall be rounded up and all tax of a fraction of a penny or less than fifty percent (50%) shall be rounded down. For transactions consummated on or after January 1, 1986, the City use tax shall not apply to the storage of construction and building materials. (Code 1985, § 4-4-5-1; Ord. 10-2023, § 3) Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri), Formatted: Font: +Body (Calibri) Page 322 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 27 of 45 Every person who Stores, Uses, Distributes or consumes in the city any article of tangible personal property, product, or any service subject to the provisions of this chapter is exercising a taxable privilege. The rate of Tax shall be equal to the rate imposed in EMC § 4-4-4-2. (Code 1985, § 4-4-5-1) 4-4-5-2: Exemptions to Use Tax. A. The tax or exciseTax levied by EMC § 4-4-5-1 is hereby declared to be supplementary to the taxTax levied by EMC § 4-4-4 hereof-2, and for this reason, the following transactions shall be exempt therefrom: 1. The storage, useStorage, Use or consumption of personal property, the saleSale of which is subject to the taxSales Tax levied by EMC § 4-4-4-2. 2. The storage, useStorage, Use or consumption of any tangible personal property purchasedTangible Personal Property Purchased for resale to thisthe City, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a businessBusiness. 3. The storage, useStorage, Use or consumption of motor fuelMotor Fuel upon which there has accrued, or has been paid, the motor fuel tax Motor Fuel Tax prescribed by the Colorado Motor Fuel Tax Law of 1933, or any amendments thereto.1 C.R.S. § 39-27-101 et seq., as amended. 4. The storage, useStorage, Use or consumption of tangible personal property which wasTangible Personal Property acquired at a time when the user or consumerConsumer thereof was not a nonresidentResident of the City; provided its useUse or consumption is for the benefit of said user or consumerConsumer. 5. The storage, use Storage, Use or consumption of tangible personal property ofby the United States government, orto the State of Colorado, or state, its departments and institutions, or itsand the political subdivisions, thereof that are: a.Billed directly to such governmental entities; b. Paid directly from funds of such governmental entities; and c. Used exclusively by such governmental entities in their governmental capacities only; or by religious, charitable or eleemosynary institutions in the conduct of their regular religious or charitable functions; provided, however, that no commercial, industrial or other banking institutions, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. . 6. The storage, use Storage, Use or consumption of tangible personal propertyby Charitable Organizations that are: a. Billed directly to the Charitable Organization; b. Paid directly from funds of the Charitable Organization; and c. Used exclusively for the Charitable Organization's organizational or operational purposes. 7. The Storage, Use or consumption of Tangible Personal Property by a personPerson engaged in the businessBusiness of manufacturingManufacturing, compounding for sale, profit or useUse, any article, substance or commodity, which tangible personal property meets all of the following conditions.when Tangible Personal Property: a. Is actually and factually transformed by the process of manufacture; Formatted ... [159] Formatted ... [160] Formatted ... [161] Formatted ... [162] Formatted ... [163] Formatted ... [164] Formatted ... [165] Formatted ... [166] Formatted ... [167] Formatted ... [168] Formatted ... [169] Formatted ... [170] Formatted ... [171] Formatted ... [172] Formatted ... [173] Formatted ... [174] Formatted ... [175] Formatted ... [176] Formatted ... [177] Formatted ... [178] Formatted ... [179] Formatted ... [180] Formatted ... [181] Formatted ... [182] Formatted ... [183] Formatted ... [184] Formatted ... [185] Formatted ... [186] Formatted ... [187] Formatted ... [188] Formatted ... [189] Formatted ... [190] Formatted ... [191] Formatted ... [192] Formatted ... [193] Formatted ... [194] Formatted ... [195] Formatted ... [196] Formatted ... [197] Formatted ... [198] Formatted ... [199] Page 323 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 28 of 45 b. Becomes by the manufacturingManufacturing process a necessary and recognizable ingredient, component or constituent part of the finished product; and c. Its physical presence in the finished product is essential to the useUse thereof in the hands of the ultimate consumerConsumer. 7. All exemptions set forth within EMC § 4-4-4-3, Exemptions to Sales Tax. B. For transactions consummated on or after January 1, 1986, the City's use tax 8. The Storage of Construction Materials. 9. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the payment of Sales or Use tax under this Chapter, is exempt from taxation under this Chapter. B. The City's Use Tax shall not apply to the storage, use, or consumption of any article of tangible personal property, the sale or use of which has already been of Tangible Personal Property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax of another statutory or home rule municipality Sales or Use Tax properly and proportionallyproportionately imposed on the purchaserPurchaser or user by another municipality equal to or in excess of three and four-fifths percent (3.8%). the Sales Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's use taxUse Tax with respect to the person's storage, use or consumption in the City of tangible personal property, the such transaction equal in amount of the credit to equal the taxlawfully imposed local Sales or Use Tax previously paid by reason of the imposition of a sales or use tax of the previous statutory or home rulePurchaser or user to another municipality on the purchase or use of the property.. The amount of the credit shall not exceed three and four-fifthsthe Sales Tax rate in EMC § 4-4-4-2. For the transactions consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed three and one-half percent (3.8%). 50%). C. For transactions consummated on or after January 1, 1986, the The City's use taxUse Tax shall not be imposed with respect toon the useUse or consumption of tangible personal propertyTangible Personal Property within the City which occurs more than three (3) years after the most recent saleSale of the property subject to any sales tax within the State, if, within the three (3) years following such saleSale, the property has been significantly used within the State for the principal purposes for which it was purchasedPurchased. D. Nothing herein contained shall be deemed to exempt from the taxTax levied by SubsectionEMC § 4-4- 5-3(B) on the storage, useStorage, Use or consumption of any tangible personal propertyTangible Personal Property to be used by a contractorContractor for the construction of an improvement for any of the institutions or agenciesentity enumerated in subsection (A.)(5) above, except any tangible personal propertyTangible Personal Property to be used by a contractorContractor for construction projects associated with any capital improvement project of any public school district, for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utilities, and roadway access. (Code 1985, § 4-4-5-2; Ord. 43-17 , § 1; Ord. 11-19 , § 3; Ord. 10-2023, § 4) 4-4-5-3: Payment and Collection of Use Tax. A. Payment of Tax: Formatted: Font: +Body (Calibri) Formatted ... [200] Formatted ... [201] Formatted ... [202] Formatted ... [203] Formatted ... [204] Formatted ... [205] Page 324 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 29 of 45 1. All persons who areThe Return filed under EMC § 4-4-4-7 by all Persons required to obtain a Sales and Use Tax License pursuant to EMC § 4-4-1under this Chapter shall include within the return required to be filed, pursuant to EMC § 4-4-4-7, such information as may be required by the City as may enable it to accurately to compute the amount of use taxUse Tax due from said retailerRetailer for purchasesPurchases made by such retailerRetailer for which a use tax Use Tax applies and is due during at the same frequency and on the period for which such return is filed. same Return with any Sales Taxes required to be remitted. 2. All other personsPersons shall pay to the City the amount of any taxTax due under EMC § 4-4-5-3this Section, not later than fifteen (15thirty (30) days after the date that said taxTax becomes due. B. Payment and Collection on Specific Items: The following special provisions shall apply to the payment of any use tax due on the use, consumption or storage of the following items: 1. MotorAutomotive Vehicles: A Return shall be filed and Trailers: Any persons whoUse Tax shall purchase any motor vehiclebe paid by any Person purchasing any new or used Automotive Vehicle, trailer or semi-trailer, whether new or used, outside the City, with the intent to register the same at an address inside the City, shall immediately, and prior to registering and obtaining license plates therefor, make a return showing such transaction to the City and pay to the City the use tax applicable thereto as provided in subsection A hereof.. 2. Building and Construction Materials and Supplies: : a. Any personPerson who shall build, construct or improve any building, dwelling or other structure or improvement to realtyRealty whatsoever (including but not limited to structures, and site work such as landscaping, utility infrastructure, curb/gutter installation, parking lot resurfacing, etc.) within the City shall, upon application for a permit for improvement to realty, pay as a deposit for payment of the taxTax levied by EMC § 4-4-5-1 an amount equal to one of the following: three and four-fifthseighty-hundredths percent (3.8%) of fifty percent (50%) of the estimated cost or total contract pricePrice of the structure improvement or three and four-fifths percenteighty-hundredths (3.8%) of forty percent (40%) of the estimated cost of the improvement to Realty (other than to the structure. ). b. Payment of the deposit shall be made upon the application for any necessary permit to undertake the activities described above. c. If the estimated cost or the total contract pricePrice of the improvement to realtyRealty is in excess of three million dollars ($3,000,000.00) or as a higher amount set by City Council Resolution, the City Manager orManager’s designee, at his/her upon request and in their sole discretion and upon application to it, may authorize a waiver of said deposit and instead accept the payment of said tax on a monthly, quarterly or other basisUse Tax at set intervals, based upon actual purchasesPurchases of materials, supplies and equipment for such taxTax may be due, subject to such rules andCity adopted regulations. d. as the said City may adopt. In all cases where the deposit required by the provisions Within sixty (60) days of this Section is made, if it is determined at the time the date of final inspection by the completion of theCity’s building, dwelling or other structure official, if no certificate of occupancy will be issued, or on the date the certificate of improvement from the invoices and statements reflecting the purchase therefor, that the deposit made as herein required, together with the actual payments to the City as a sales tax, is in excess of the actual tax due therefor, the person making said deposit or paying said tax may make application to the City for occupancy is issued, the Taxpayer may submit a request for a refund to the City with the cost of any amount paid in excessmaterials as verified by records kept pursuant to EMC § 4-4-4-6. The Taxpayer will be allowed one thirty (30) day extension of the actual taxes due, in which event it shall be the Formatted: List 1, Indent: Left: 0.69" Formatted ... [206] Formatted ... [207] Formatted ... [208] Formatted ... [209] Formatted: Font: +Body (Calibri) Formatted ... [210] Formatted: List 2, Indent: Left: 0.69", Hanging: 0.31" Formatted ... [211] Formatted ... [212] Page 325 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 30 of 45 dutytime, if the Taxpayer requests the extension prior to the expiration of the person making suchsixty (60) day deadline. e. The application to furnishshall include all necessary bills and invoicesdocumentation evidencing the overpayment of Tax and any other documentation or information required by the City. f. tax, andUpon review of the application, if the said City is satisfied that there has been such overpayment, it shall refund such overpayment to the taxpayer. Taxpayer within a reasonable time. C. Construction equipmentg. The City may examine all books and records pertaining to the payment of Use Tax under this Section for up to three years after City issuance of certificate of completion/occupancy to determine actual Taxes due on Construction Materials. 3. Construction Equipment: a. Construction Equipment located within the boundaries of the City for a period of more than thirty (30) consecutive days shall be subjectedsubject to the City’s full applicable use tax of the CityUse Tax. D. b. Construction equipmentEquipment located within the boundaries of the City for a period of thirty (30) consecutive days or less shall be subjectedsubject to the City's use tax in an amount which does not exceed the amount calculatedUse Tax as follows: the purchase pricePurchase Price of the equipment shall be multiplied by a fraction, the numerator of which is one and the denominator of which is divided by twelve ( 1/12), and the result shall be multiplied by three and four-fifthseighty- hundredths percent (3.8%). E. Where the provisions of i. If Subsection D of this Section are utilized(B)(3)(b)above is applicable , the credit provisions of SubsectionEMC § 4-4-5-2B2(B) shall apply at such time as the aggregate salesSales and use taxesUse Taxes legally imposed by and paid to other statutory and home rule municipalities on any such equipment equal three and four-fifthseighty-hundredths percent (3.8%). Fii. To utilizeestablish the provisionsapplicability of Subsection D of this Section(B)(3)(b) above, the taxpayerTaxpayer shall comply with the following procedure: 1.a). Prior to or on the date the equipment is located within the boundaries of the City, the taxpayerTaxpayer shall file with the City anCity’s equipment declaration on a form provided by the City. Such declaration shall state, stating the dates on which the taxpayerTaxpayer anticipates the equipment will be located within and removed from the boundaries of the City, shall include a description of each such anticipated piece of equipment, shall state the actual or anticipated purchase pricePurchase Price of each such anticipated piece of equipment, and shall include such other information as reasonably deemed necessaryrequested by the City. 2.b). The taxpayerTaxpayer shall file with the City an amended equipment declaration reflecting any changes in the information contained in any previouspreviously filed equipment declaration no less than once everywithin the earlier of ninety (90) days after the equipment is brought into the boundaries of the City or, for equipment which is brought into the boundaries of the City for a project of less than ninety (90) days' duration, no later thanof the change, or ten (10) days after substantial completion of the project. 3.c). The taxpayerTaxpayer need not report on any equipment declaration any equipment for which the purchase pricePurchase Price was under two thousand five hundred dollars ($2,500.00). Gc. If thean equipment declaration is given as provided in subsection F of this Section, then as to any item of construction equipmentfiled for Construction Equipment for which the customary purchase pricePurchase Price is under two thousand five hundred dollars ($2,500.00) which was brought into the boundaries of the City temporarily for useUse on a construction project, it shall be presumed that Formatted: Font: +Body (Calibri) Formatted: List 2, Indent: Left: 1" Formatted ... [213] Formatted ... [214] Formatted: Indent: Left: 0.5", Hanging: 0.25" Formatted ... [215] Formatted ... [216] Formatted: Indent: Left: 0.75", First line: 0" Formatted ... [217] Formatted ... [218] Formatted: Indent: Left: 1", First line: 0" Formatted ... [219] Formatted ... [220] Formatted ... [221] Formatted: Indent: Left: 0.69", First line: 0" Formatted ... [222] Page 326 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 31 of 45 the item was purchasedPurchased in a jurisdiction having a local salesSales or use taxesUse Taxes as high as three and four-fifthseighty-hundredths percent (3.8%) and that such local salesSales or use taxUse Tax was previously paid. In such case the burden of proof in any proceeding before the City, the Executive Director of the Department of Revenue, or the District Court, shall be on the City to prove such local sales or use tax was not paid. Hd. If the taxpayerTaxpayer fails to comply with the provisions of Subsection F of this Section, the taxpayer may not utilize the provisions of(B)(3)(b)(ii) above, Subsection D of this Section(B)(3)(b) shall not apply and the Taxpayer shall be subject to the provisions of Subsection C of this Section.3(a) above. However, substantial complianceif the Taxpayer substantially complies with the provisions of Subsection (B)(3)(b) above, that subsection F of this Section shall allow the taxpayer to avail himself of the provisions of subsection D of this Section.shall apply. (Code 1985, § 4-4-5-3; Ord. 00-7; Ord. 39-13, § 2; Ord. 40-19 , § 11; Ord. 10-2023, § 5) 4-4-6: License and Tax in Addition to All Other Taxes. The licenseLicense and taxTax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by law, except as hereinspecifically otherwise provided. (Code 1985, § 4-4-6) 4-4-7: Tax Information Confidential. A. Except in accordance with pursuant to judicial order, or asspecifically otherwise herein provided, the City shall not divulge any information gained from any returnReturn filed, or as a result offrom any investigation or hearing held pursuant to the provisions ofunder this Chapter. B. Nothing contained in this Section shall be construed to prohibit: 1. The delivery to a personPerson, or to histheir duly authorized representative, of a copy of any returnReturn filed in connection with his tax; 2. The publication of statistics so classified as to prevent the identification of particular reports or returnsReturns and the items thereof; 3. The inspection by the City Attorney, or any other City legal representativerepresentatives, of the City, of the returnReturn or other potentially material information relating to any taxpayerTaxpayer who is, or may become involved, in litigation with the City in which the said information may become material. 4. The Director is authorized to execute a memorandum of understanding with the State of Colorado Department of Revenue, department of revenue of any other state, the Commissioner of the Internal Revenue Service of the United States or a delegate, the county assessor or county treasurer of any county, or the proper official of any county, city, or town for any exchange of information classified under this section as confidential, provided that the governmental entity with whom the information has been exchanged agrees to abide by the provisions of this City Tax CodeChapter pertaining to confidential information. C. Reports and returnsfiled Returns shall be preserved for three (3) years and thereafter untilretained by the City Clerk, withpursuant the approval of the State Archivist, shall order them destroyedCity’s document retention schedule. (Code 1985, § 4-4-7; Ord. 00-7; Ord. 05-48, § 4) Formatted ... [223] Formatted ... [224] Formatted ... [225] Formatted ... [226] Formatted ... [227] Formatted ... [228] Formatted ... [229] Formatted: Font: +Body (Calibri) Formatted ... [230] Formatted: Font: +Body (Calibri) Formatted ... [231] Page 327 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 32 of 45 4-4-8: Estimated Taxes and Assessment ThereofReserved. A. With respect to transactions consummated before January 1, 1986, if any person neglects or refuses to make a return for, or payment of any of the taxes levied by this Chapter when the same become due, the City shall, at some date subsequent to fifteen (15) days after the date for the making of such return or the payment of such taxes, give written notice to the person responsible for making said return or paying said taxes or the lack of the filing of such return or payment of said taxes, which notice shall notify the taxpayer, or other person responsible for the return of the tax, that the same must be paid within fifteen (15) days from the date of the receipt of said notice. B. If the return is not filed, or the taxes are not paid, within fifteen (15) days after receipt of said notice, the City may make an estimate, based upon such information as may be available to him, of the amount of taxes due for the period or periods for which taxpayer is delinquent and shall add thereto a penalty in an amount equal to ten percent (10%) of said estimated tax, together with interest on said estimated tax at the rate of one percent (1%) per month from the due date thereof, and may assess said amount against the delinquent taxpayer by giving said taxpayer written notice thereof, which notice shall require the taxpayer either to pay the amount assessed by the City or to petition him for a correction of said estimate within a period of twenty (20) days thereafter. Any such petition for correction shall be in writing and any facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The City shall consider the matters submitted by the taxpayer and shall make a decision as to the proper amount of taxes, penalty and interest due, which decision shall be final and binding, except as modified by State statutes. The time period set forth in this Section may, in the absolute discretion of the City, be waived for good cause on written application of a vendor or taxpayer. C. With respect to transactions consummated on or after January 1, 1986: 1. If a person neglects or refuses to make a return in payment of the sales tax or to pay any tax when the same becomes due, the City shall, at some date subsequent to fifteen (15) days after the date for the making of such return or the payment of such taxes, make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof and interest on such delinquent taxes at the rate imposed under subsection C3 of this Section plus one-half of one percent (.5%) per month from the date when due, not exceeding eighteen percent (18%) in the aggregate. 2. If a person neglects or refuses to make a return in payment of the use tax or to pay any tax as required, the City shall make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to ten percent (10%) thereof and interest on such delinquent taxes at the rate imposed under subsection C3 of this Section, plus one-half of one percent (.5%) per month from the date when due. 3. The annual rate of interest on delinquent taxes under subsections C1 and C2 above shall be that established by the State Commissioner of Banking pursuant to Section 39-21-110.5, C.R.S. (Code 1985, § 4-4-8; Ord. 00-7) 4-4-9: Sale or Purchase of Stock or Quitting Business or Property. A. A. Any retailer who shall sell out his businessNew License required. Any Sale, transfer or Purchase of an interest in a Licensed Business enterprise by any Person, where the respective interest of the Person purchasing or selling as a result of the transaction has changed in any degree, requires the issuance of a new License. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 328 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 33 of 45 B. Final Return. Within fifteen (15) days after any Person, Retailer or Taxpayer (1) sells out their Business or stock of goods or who shall quit business, shall be required to prepare and all the assets of a Business to another Person, or (2) quits Business, they shall file a sales taxfinal Return and use tax returnremit all Taxes due to the City. C. Tax due on Business property. The City Tax shall be remitted on the Purchase Price paid for Tangible Personal Property that is acquired with the Purchase, transfer of title or transfer of possession of a Business, with the exception of items to be resold in the ordinary course of Business operations of the new Business. The Tax shall be based on the Price paid for such chattels as recorded in the bill of sale or agreement and constituting a part of the total transaction at the time of the Sale or transfer, provided in this Chapter within fifteen (15) days subsequent to the date of the completion of said sale, or the quitting of business and the purchaser thereof, if any, shall be required to withhold that the valuation is as great as or greater than the fair market value of such merchandise or chattels. Where the transfer of ownership is a package deal made by a lump-sum transaction, the Tax shall be paid on the book value if no separate valuation has been made. When Business ownership is transferred in return for the assumption of outstanding indebtedness owed by former owners, the Tax shall be paid on the fair market value of all taxable Tangible Personal Property acquired by the Purchaser or new owner. The "sale" or "sale and purchase" of a Business does not include a bona fide gift or items under C.R.S. § 39-26-102(10) D. Prior Taxes due. Taxes due upon the Sale of a Business or stock of goods include all Sales Taxes which were collected or should have been collected prior to the Sale, and all Use Taxes accruing or payable prior to the Sale. E. Purchaser to withhold payment until Tax paid. The Purchaser or successor to the Business, stock of goods or assets shall withhold sufficient of the purchase money to cover the amountall of said tax due and unpaid,Taxes until such time as the said retailer shall produceformer owner produces a receipt from the CityFinance Director’s designee showing that all such taxesTaxes, penalties, interest, and fees owed to the City have been paid and that no further taxes are due. in full. B. If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and the tax shall be due and unpaid after the fifteen (15) day period allowed, such purchaser shall be personally liable for the payment of the taxes unpaid by the former owner and the liens created by Section 4- 4-14 shall immediately attach to the personal property, real property and inventory so purchased; provided, however, that the retailer so selling or quitting business shall not be relieved in any manner of his liability for payment of any of said taxes due. F. Purchaser liable for prior owner's unpaid Tax. The Purchaser of a Business is liable for any unpaid Tax, penalties, interest, and fees of the prior owner. Retailers or Consumers having outstanding accounts on which Sales or Use Tax has not been remitted must compute and pay the Tax at the time of sale. G. Seller and seller's agent liable for Tax. The seller or their agent is liable for Tax remittance on the Sale of the Business in the event the Purchaser fails to remit the Tax due on the Purchase. H. Seller and Purchaser are both liable. Until all Taxes, penalties, interest and fees due to the City are paid in full, both the former owner and the Purchaser shall remain personally liable thereon and subject to all collection proceedings available under this CodeChapter. Action by the City against the former owner shall not prevent the exercise by the City of all remedies available under law against the successor owner. I. Delinquent Taxes a lien on property. Any Person who takes or Purchases personal or real property under lease, title-retaining contract or other contract arrangement, by Purchase, foreclosure sale or otherwise, takes the same subject to the lien for any delinquent Taxes owed by the original owner and shall be liable Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: History Note, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 329 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 34 of 45 for the payment of all delinquent Taxes, interest, penalties, fees, and Collection Costs of such prior owner, not however, exceeding the value of the property so taken or acquired. Any Person who takes title to or possession of any real property upon which a Tax is owed takes said property subject to the lien for said delinquent Tax and shall be liable for the payment thereof to the extent of the Tax, interest, penalties and Collection Costs. (Code 1985, § 4-4-9; Ord. 00-7; Ord. 05-48, § 5) 4-4-10: Deficiency Notices and Refunds. A. Refund Procedure. A. 1. Generally. A refund shall be made or credit allowed for any taxthe Tax so paid under protestdispute by any purchaser or user who has, or claims to have, an exemption as in this Chapter provided.if the amount paid through a tax return is greater than the amount due. Interest shall not be paid on refunds or overpayments. Such refund shall be made by the City Director upon entitlement thereto shown by the applicant and only after compliance with the following conditions precedent: . a. Application. Applications for A Taxpayer may seek a refund must be made within ninety (90) days after the purchase or use of the goods on which the exemption is claimed, and must be supported by the affidavit of the purchaser or user accompanied by the original paid invoice or sales receipt and a certificate issued by the seller, together with such further information as may be requested by the City. b. With respect to transactions consummated on or after January 1, 1986, an application for refund of sales or use tax paid under dispute by a purchaser or user who claims an exemption pursuant to this Chapter shall be made within sixty (60) days after the purchase, storage, use or consumption of the goods or services whereon an exemption is claimed. a. c. With respect to transactions consummated on or after January 1, 1986, an application for refund of tax moniesTaxes paid in error or by mistake, shall be made within three (3) years after the date of purchase, storage, use or consumptionthe Tax was paid or should have been paid, whichever is earlier, the filing was due, or the date of Purchase of the goods for which the refund is claimed. The refunded amount will be net of any vendor fee retained and will not accrue interest. other outstanding Taxes owed. b. 2. Applications made for overpayment related to the Use Tax deposit paid through a building permit shall be filed within sixty (60) days from the issuance of certificate of occupancy or final inspection or whichever comes later. B. Decisions. Upon receipt of such affidavit, invoice or receipt, and application and accompanying information, the CityDirector shall examine the same with all due speed and shall give notice to the applicant by an order in writing of its decision thereon. C. 3. HearingPetition. An aggrieved applicant may, within twenty (20thirty (30) days after such from the date of the decision is mailed to him/herdeny or reduce their claim for a refund, petition the City for a hearing on the claim Director in which case the City shall, upon due notice towriting for review of the applicant, hold a hearing upon such applications, taking such information or evidence as may be material, and shall, thereafter, render its final decision upon such application, which decision shall be final. in the manner provided in SectionEMC § 4-4-13 of this Chapter. B. Deficiency Notice or Refunds. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted ... [232] Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted ... [233] Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted ... [234] Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), Not Italic Page 330 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 35 of 45 1. With respect to transactions consummated on or after January 1, 1986, in lieu of the procedure provided for in subsection A1 of this Section, the taxpayer may elect a hearing of the City's final decision on a deficiency notice or claim for refund pursuant to procedure set forth in this Section. a. As used in this Section, "State hearing" means a hearing before the Executive Director of the Department of Revenue or delegate thereof as provided in Section 29-2-106.1(3), C.R.S. b. When the City asserts that sales or use taxes are due in an amount greater than the amount paid by a taxpayer, the City shall mail a deficiency notice to the taxpayer by certified mail. not assignable. The deficiency notice shall state the additional sales and use taxes due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a State hearing on the deficiency pursuant to Section 29-2-106.1(3), C.R.S. The taxpayer shall also have the right to elect a State hearing on the City's denial of such taxpayer's claim for a refund of sales or use tax paid. c. The taxpayer shall request the State hearing within thirty (30) days after the taxpayer's exhaustion of local remedies. The taxpayer shall have no right to such hearing if he/she has not exhausted local remedies or if he/she fails to request such hearing within the time period provided. For purposes of this subsection, "exhaustion of local remedies" means: (1) The taxpayer has timely requested in writing a hearing before the City and the City has held such hearing and issued a final decision thereon. Such hearing shall be informal and no transcript, rules of evidence, or filing of briefs shall be required; but the taxpayer may elect to submit a brief, in which case the City may submit a brief. The City shall hold such hearing and issue the final decision thereon within ninety (90) days after the City's receipt of the taxpayer's written request therefor, except the City may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer, but, in any such event, the City shall hold such hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's request in writing therefor; or (2) The taxpayer has timely requested in writing a hearing before the City and the City has failed to hold such hearing or has failed to issue a final decision thereon within the time periods prescribed in subsection B1c(1) of this Sectionof any Person to a refund under this chapter. d. If a taxpayer has exhausted his/her local remedies as provided in subsection B1c of this Section, the taxpayer may request a State hearing on such deficiency notice or claim for refund, and such request shall be made and such hearing shall be conducted in the same manner as set forth in Section 29-2-106.1(3) through (7), C.R.S. e. If the deficiency notice or claim for refund involves only the City, in lieu of requesting a State hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the District Court of the County of Arapahoe as provided in Section 29-2-106.1(8), C.R.S., provided the taxpayer complies with the procedures set forth in subsection B1c of this Section. f. Nothing in this Section shall prohibit the taxpayer from pursuing judicial review of a final decision of the City as otherwise provided in this Chapter. 2. With respect to transactions consummated on or after January 1, 1986, within fifteen (15) days after filing a notice of appeal as provided in subsection B1e of this Section, the taxpayer shall file with the District Court a surety bond in twice the amount of the taxes, interest, and other charges stated in the final decision by the City which are contested on appeal. The taxpayer may, at his/her option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit issued by a State or national bank or by a State or Federal savings and loan association, in accordance with the provisions of Section 11-35-101(1), C.R.S., equal to twice the amount of the taxes, interest, and other charges stated in the final decision by the City. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: List 2, Indent: Left: 0.69", Hanging: 0.31" Formatted: Font: +Body (Calibri) Formatted: List 2, Indent: Left: 1" Formatted: Font: +Body (Calibri) Page 331 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 36 of 45 3. The taxpayer may, at his/her option, deposit the disputed amount with the City in lieu of posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Court or the Court of Appeals or after the time for such appeal has expired, the funds deposited shall be, at the direction of the Court, either retained by the City and applied against the deficiency or returned in whole or in part to the taxpayer with interest at the rate imposed pursuant to subsection 4-4-8C3 of this Chapter. No claim for refund of amounts deposited with the City need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the Court. 4. Any person claiming to have paid a tax for the purchase or use of tangible personal property in excess of the rates established by this Chapter, may apply for a refund of said excess in the manner prescribed above. D. 5. Refund Not Assignable: The right of any person to a refund under this Chapter shall not be assignable, and application for refund must be made by the same person who purchased or used the goods and who paid the tax thereon, as shown byin the invoice offor the sale thereof or other appropriate document. . E. Penalty for violating refund provisions. AnyNo applicant for a refund under the provisions hereinabove, nor any other person, who shall make any false statement in connection with an application for a refund of any taxTax. shall be deemed guilty of a violation of this chapter. F. Violations of refund provisions to be used as evidence of fraudulent intent. If any person is convicted under the provisions of violating this Section, the proof of such conviction shall be prima facie evidence of fraud by that person in any appropriate action brought or taken for recovery of other refunds made by the Director to such person within the prior three (3) years to the conviction. A brief summary of the penalties available under this chapter for violations of this Chapter them shall be printed on each form issued by the Director for application for a refund. G. Intercity Claims for recovery. The intent of this Section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the taxpayer or vendor to correctly pay, collect and remit sales and use taxes to the City. a. When it is determined by the Director determines that sales and use tax owed to the City has been reported and paid to another municipality, the City shall promptly notify the vendor that taxes are being improperly collected and remitted and that, as of the date of the notice, the vendor must cease improper tax collections and remittances. The City may make a written claim for recovery directly to the municipality that received tax and/or penalty, and interest owed to the City or, in the alternative, may institute procedures for collection of the tax from the taxpayer or vendor. The decision to make a claim for recovery lies in the sole discretion of the City. Any claim for recovery shall include a properly executed release of claim from the taxpayer and/or vendor releasing his or her claim to the taxes paid to the wrong municipality, evidence to substantiate the claim, and a request that the municipality approve or deny, in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the City submits a claim for recovery may, for good cause, request an extension of time to investigate the claim, and approval of such extension by the City shall not be unreasonably withheld. Within ninety (90) days after receipt of a claim for recovery, the City shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall notify the municipality submitting the claim in writing that the claim is either approved or denied in whole or in part, including Formatted: History Note, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: History Note, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 332 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 37 of 45 the reasons for the decision. If the claim is approved in whole or in part, the City shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or taxpayer, the check shall be made to the parties jointly. 6. The City Manager or designee shall have the authority to waive part or all of any penalty and/or interest assessed if the circumstances deem such. b. Denial of a claim of recovery may only be made for good cause. c. The City may deny the claim on the grounds that it has previously paid a claim for recovery arising out of an audit of the same taxpayer or if the claim is outside of the statute of limitations. d. The period subject to a claim for recovery shall be limited to the thirty-six-month period prior to the date the municipality that was wrongly paid the tax receives the claim for recovery. This period may be extended only if a written document was approved by the Director and taxpayer to toll the running of this thirty-six-month period. (Code 1985, § 4-4-10; Ord. 00-7; Ord. 03-78) 4-4-11: Examinations of Returns; Refunds, Deficiencies. As soon as practicable after any sales or use tax return is filed, the City shall examine it,Estimated Taxes, Examination and if it then appears that the correct amount of tax to be remitted is greater or less than that shown in the return, the tax shall be recomputed. Assessment Thereof. If the amount paid exceeds that which is due, the excess shall be refunded or credited against any subsequent remittance from the same taxpayer. If the amount paid is less than the amount due, the difference, together with interest thereon at the rate of one percent (1%) per month from the time the return was due, shall be paid by the vendor within fifteen (15) days after written notice and demand to him from the City. With respect to returns filed on or after January 1, 1986, the annual rate of interest on delinquent taxes shall be that established by the State Commissioner of Banking pursuant to Section 35-21-110.5, C.R.S. (Code 1985, § 4-4-11; Ord. 00-7) A. The Director is authorized to examine, inspect and audit the books, invoices, accounts and other records kept or maintained by the taxpayer for the collection or payment of the taxes imposed by this chapter. If the Director determines that any taxpayer neglects or refuses to make a timely return in payment of the taxes or to pay or to correctly account for any taxes as required by this chapter, the Director shall make an estimate, based upon such information as may be available, with or without employing investigative powers vested in the Director by this chapter, of the amount of the taxes due for the period or periods for which the taxpayer is delinquent; and upon the basis of such estimated amount, compute and assess in addition thereto a penalty equal to ten (10) percent thereof, together with the interest on such delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due until the date paid. B. Promptly thereafter the Director shall notify the delinquent taxpayer in writing and demand payment thereof of such estimated taxes, penalty and interest by issuing a Notice of Final Determination; Assessment and Demand for Payment. Formatted: Font: +Body (Calibri) Formatted: Section Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 333 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:51[EST] (Supp. No. 6157) Page 38 of 45 C. Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the City thirty (30) days from the date of the notice and demand; provided, however, that within said thirty-day period the delinquent taxpayer may petition the Director in writing for review of the assessment in the manner provided in Section 4-4-13 of this Chapter. The filing of a petition shall not toll the accrual of interest on the amount of taxes due. D. Interest and penalty assessment. Interest and penalties shall be paid upon notice and demand, and shall be assessed, collected and paid in the same manner as the tax to which it is applicable. If any portion of a tax is satisfied by credit of an overpayment, no interest or penalty shall be imposed under this Section on the portion of the tax so satisfied. A penalty equal to the greater of the sum of fifteen dollars ($15.00) or ten percent (10%) thereof, and interest is calculated on such delinquent taxes at the rate of one percent (1%) per month from the date when due. E. Penalty for fraud. If any deficiency in taxes paid is due to fraud with the intent to evade the tax, there shall be added, instead of the penalty prescribed in Subsection (D4) above, a penalty of fifty percent (50%) of the total amount of the deficiency to the assessment required by Subsection (A1) above. Interest shall accrue and be collected at a rate of one percent (1%) per month on the amount of such deficiency from the time the return was due. F. Director may waive penalty. The Director is hereby authorized to waive, for good cause shown, any penalty assessed as provided in this Code. In case of waiver of penalty, the interest shall be deemed a penalty. If the Director finds that a taxpayer has, in good faith, paid tax to a vendor, the Director is hereby authorized to abate the interest and penalty in its entirety. 4-4-12: Investigation of Retailer's BooksAudit Procedures. A. A. For The Director, City staff or a Contract Auditor as designated by the purposeDirector, may, at any time within three years of ascertaining the correctnessthe date the tax was due or the certificate of a return, or occupancy date, for the purpose of determiningascertaining the correct amount of tax due from any taxpayer, the City Manager or designee may hold investigations and hearings concerning any matters covered by this Chapter and may examinereturn, construction permit or construction equipment declaration, conduct an audit by examining any relevant books, papers, accounts, and records or memoranda of any such person, requiring the attendance of such taxpayer or any officer or employee of such taxpayer, or of any person having knowledge of such sales the responsible party and by interviewing the taxpayer and taking such testimonythe taxpayer's officers, agents, and proof as may be necessaryemployees. The periods to properly ascertain any tax liability. The City shall have powerbe audited may be extended pursuant to administer oaths to any person in the course of such investigations or hearing. EMC § 4-4-17(C). B. B. Coordinated Audit Procedures. 1. Coordinated Audit. 1. a. Any taxpayerTaxpayer licensed in this City pursuant to this Chapter of the Englewood Municipal Code 1985, and holding a similar sales taxSales Tax license in at least four (4) other Colorado municipalities that administer their own sales taxSales Tax collection, may request a coordinated audit as provided herein. 2. b. Within fourteen (14) days of receipt of notice of an intended audit by any municipality that administers its own sales taxSales Tax collection, the taxpayerTaxpayer may provide the City, by certified mail, return receipt requested, a written request for a coordinated audit indicating the municipality from which the notice of intended audit was received and the name of the Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Normal, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.66" + Indent at: 1" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 334 of 376 Created:2022Ş12Ş1415:50:51[EST] (Supp. No. 57) Page 39 of 45 official who issued such notice. Such request shall include a list of those Colorado municipalities utilizing local collection of their sales taxSales Tax in which the taxpayerTaxpayer holds a current sales taxSales Tax license and a declaration that the taxpayerTaxpayer will sign waiver of any passage-of-time base limited upon this City's right to recover taxTax owed by the vendorRetailer or Taxpayer for the audit period. 3. c. Except as provided in subsection 4-4-12B1gSubsection (B)(7) below, any taxpayerTaxpayer that submits a complete request for a coordinated audit and promptly signs a waiver of SectionEMC § 4-4-17 of this Chapter, may be audited by this City during the twelve (12) months after such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. 4. d. If this City desires to participate in the audit of a taxpayerTaxpayer that submits a complete request for a coordinated audit pursuant to subsection B1c of this SectionSubsection (B)(3) above, the City shall so notify the municipality whose notice of audit prompted the taxpayer'sTaxpayer's request within ten (10) days after receipt of the taxpayer'sTaxpayer's request for a coordinated audit. The City shall then cooperate with other participating municipalities in the development of arrangements for the coordinated audit, including arrangements of the time during which the coordinated audit, including arrangements of the time during which the coordinated audit will be conducted, the period of time to be covered by the audit, and a coordinated notice to the taxpayerTaxpayer of those records most likely to be required for completion of the coordinated audit. 5. e. If the taxpayer'sTaxpayer's request for a coordinated audit was in response to a notice of audit issued by this City, this City shall facilitate arrangements between it and other municipalities participating in the coordinated audit unless and until an official from some other participating municipality agrees to assume this responsibility. The City shall cooperate with other participating municipalities to, whenever practicable, minimize the number of auditors that will be present on the taxpayer'sTaxpayer's premises to conduct the coordinated audit on behalf of the participating municipalities. Information obtained by or on behalf of those municipalities participating in the coordinated audit may be shared only among such participating municipalities. 6. f. If the taxpayer'sTaxpayer's request for a coordinated audit was in response to a notice of audit issued by this City, this City shall, once arrangements for the coordinated audit between it and other participating municipalities are completed, provide written notice to the taxpayerTaxpayer of which municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The City shall also propose a schedule for the coordinated audit. 7. g. The coordinated audit procedure set forth in this Section shall not apply: a. (1) When the proposed audit is a jeopardy audit,; (2) To audits for which a notice of audit was given prior to the effective date of this Section, b. (3) When a taxpayerTaxpayer refuses to promptly sign a waiver of SectionEMC § 4- 4-17 of this Code,; or c. (4) When a taxpayerTaxpayer fails to provide a timely and complete request for a coordinated audit as provided in subsection B1bSubsection (B)(2) above. Formatted ... [235] Formatted ... [236] Formatted ... [237] Formatted ... [238] Formatted ... [239] Formatted ... [240] Formatted ... [241] Formatted ... [242] Formatted ... [243] Formatted ... [244] Formatted ... [245] Formatted ... [246] Formatted ... [247] Formatted ... [248] Formatted ... [249] Formatted ... [250] Formatted ... [251] Formatted ... [252] Formatted ... [253] Formatted ... [254] Formatted ... [255] Formatted ... [256] Formatted ... [257] Formatted ... [258] Formatted ... [259] Formatted ... [260] Formatted ... [261] Formatted ... [262] Formatted ... [263] Formatted ... [264] Formatted ... [265] Formatted ... [266] Formatted ... [267] Formatted ... [268] Formatted ... [269] Formatted ... [270] Formatted ... [271] Page 335 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 40 of 45 4-4-13: Tax Hearings and Appeals. A. Request for hearing. Any Taxpayer may request a hearing on any proposed tax within thirty (30) calendar days of receiving from the Director a Notice of Final Determination; Assessment and Demand for Payment, or a Denial of Refund. The request for hearing shall set forth the Taxpayer's reasons for and the requested changes in the Director’s determination. B. Hearing time and place. The Director shall notify the Taxpayer in writing of the time and place for such hearing thirty (30) calendar days prior thereto, unless the Taxpayer requests shorter notice or an extension of time. 1. In no event shall the hearing be held more than one hundred eighty (180) days after the Director's receipt of request for a hearing, unless the Taxpayer and Director agree in writing: (1) that the hearing shall be held and a decision issued within such further agreed time or (2) that no hearing shall be held before the City Manager, in which case, the Taxpayer may pursue further review in accordance with Subsection (6) of this Section. 2. If none of the events described in Subsection (B)(1) of this Section have occurred, the Director may notify the Taxpayer in writing that the Director does not intend to conduct a hearing, in which case, the Taxpayer may pursue further review in accordance with Subsection (F) of this Section. 2. Intercity Claims for Recovery. a. Claims for Recovery. The intent of this Section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the taxpayer or vendor to correctly pay, collect, and remit sales and use taxes to the City. b. As used herein, "claim for recovery" means a claim for reimbursement of sales and use taxes paid to the wrong taxing jurisdiction. c. When it is determined by the City that sales and use tax owed to the City has been reported and paid to another municipality, the City shall promptly notify the vendor that the taxes are being improperly collected and remitted, and that as of the date of the notice the vendor must cease improper tax collections and remittances. a. d. The City may make a written claim for recovery directly to the municipality that received tax and/or penalty and interest owed to the City or, in the alternative, may institute procedures for collection of the tax from the taxpayer or vendor. The decision to make a claim for recovery lies in the sole discretion of the City. Any claim for recovery shall include a properly executed release of claim from the taxpayer and/or vendor releasing its claim to the taxes paid to the wrong municipality, evidence to substantiate the claim, and a request that the municipality approve or deny in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the City submits a claim for recovery may, for good cause, request an extension of time to investigate the claim, and approval of such extension by the City shall not be unreasonably withheld. e. Within ninety (90) days after receipt of a claim for recovery, the City shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall notify the municipality submitting the claim in writing that the claim is either approved or denied in whole or in part, including the reasons for the decision. If the claim is approved in whole or in part, the City shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or taxpayer, the check shall be made to the parties jointly. Denial of a claim for recovery may only be made for good cause. Formatted: List Paragraph, Indent: Left: 0.5", Numbered + Level: 4 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 2.16" + Indent at: 2.41" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: History Note, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 336 of 376 Created:2024Ş09Ş2011:03:00[EST] (Supp. No. 61) Page 41 of 45 f. The City may deny a claim on the grounds that it has previously paid a claim for recovery arising out of an audit of the same taxpayer. g. The period subject to a claim for recovery shall be limited to the thirty-six (36) month period prior to the date the municipality that was wrongly paid the tax receives the claim for recovery. (Code 1985, § 4-4-12; Ord. 00-7, § 39) 4-4-13: Conduct of Hearings. A. Subpoenas and Witness Fees. All subpoenas issued under the terms of this Chapter may be served by any person of full age. The fees of witnesses for attendance and trial shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the insistence of the City, such fees shall be paid in the same manner as other expenses under the terms of this Chapter, and when a witness is subpoenaed at the insistence of any party to any such proceeding, the City may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose insistence the witness is summoned. In such case the City, in its discretion, may require a deposit to cover the cost of such service and witness fee. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record. B. Judge Compels Attendance. Any judge of the District Court of the Eighteenth Judicial District of the State of Colorado, either in term time or vacation, upon the application of the City, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City or any of its duly authorized agents, by an attachment for contempt, or otherwise, in the same manner as production of evidence may be compelled before said Court. (Code 1985, § 4-4-13; Ord. 00-7, § 40) C. If none of the events described in Subsections (B)(1) or (B)(2) of this Section have occurred, the Taxpayer may pursue further review in accordance with Subsection (F) of this Section any time after one hundred eighty (180) days or such further agreed time has passed. D. Time limitation on request for hearing. After the expiration of thirty (30) calendar days from the date that the Director’s Notice of Final Determination; Assessment and Demand for Payment or Denial of Refund is sent, if the tax has not been paid, or if no request for hearing has been filed with the Director or if a request for hearing has been filed but no written brief has been filed by the Taxpayer, then the Director’s Notice of Final Determination; Assessment and Demand for Payment or Denial of Refund shall constitute a final determination. The Director may promptly take necessary steps to collect all amounts owed. The Taxpayer shall have no further right to a hearing, trial or appeal on the facts of the case. E. Director may adjust tax under question. Based on the evidence presented at any hearing or filed in support of the Taxpayer's contentions, the Director may modify or abate in part or in full the tax and the interest and penalty related to such tax questioned at the hearing or may approve a refund. F. De novo review or appeal. The Taxpayer may proceed to have a final order or decision of the Director involving sales and use taxes imposed by this Code reviewed under the procedures set forth in C.R.S. §Section 29-2-302, C.R.S. within thirty (30 days) with the Executive Director at the Colorado Department of Revenue. G. Review of order or decision involving any lodging or excise tax imposed in this CodeChapter. Should the Taxpayer be aggrieved by a final order or decision of the Director involving lodging or other excise taxes, Page 337 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:52[EST] (Supp. No. 6157) Page 42 of 45 the Taxpayer may proceed to have the same reviewed under Colorado Rules of Civil Procedure 106(a)(4) by the district court for the second judicial district of the state. The petition or complaint for review must be filed within thirty (30) days from the date of the final order or decision. Any party, including the City, may appeal the final order or decision of the Director and, also, the decision of the district court (or other tribunal having jurisdiction), using all judicial, appellate, and extraordinary proceedings available. Before filing a petition or complaint for review under Colorado Rules of Civil Procedure 106(a)(4), the Taxpayer shall file with the Director a bond in twice the amount of the taxes, interest and other charges audited and stated in the final order or decision of the Director, with surety as is provided in other cases of appeal, or may deposit lawful money of the United States in the same manner as herein provided. H. Tax due date after hearing. Unless an appeal is taken as provided above, the tax, together with interest thereon and penalties, if any, shall be paid within thirty (30) days after the hearing determination notice is sent by the Director to the Taxpayer. 4-4-14: Unpaid Tax a Prior Lien. A. The taxesTaxes imposed by SectionEMC § 4-4-5-1 shall constitute a first and prior lien upon any tangible personal propertyTangible Personal Property, real property and inventory owned or used which is the subject of any transaction upon which said taxTax is due, until said taxesTaxes are paid in full. B. The taxesTaxes imposed by SectionEMC § 4-4-4-2 shall be a first and prior lien upon the goods, business fixtures, inventory and real property owned or usedUsed by any retailerRetailer required by the provisions of SectionEMC § 4-4-4-7 to submit a returnReturn and make payment of the taxesTaxes collected, until said taxesTaxes are paid in full. C. The liens created by subsections Subsections (A) and (B) above shall be construed to be liens and encumbrances upon the specific items of personal property, goods, businessBusiness fixtures, real property and inventory therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. These liens shall arise upon the day the Tax becomes due and payable and shall be extinguished by the operation of law when the Tax is paid in full, including any interest, penalty and Collection Costs. (Code 1985, § 4-4-14; Ord. 05-48, § 6) 4-4-15: Enforcement of Taxes and Foreclosure of Liens. A. If any taxesTaxes, penalty or interest imposed by this Chapter and shown due by returnsReturns filed by the taxpayerTaxpayer, or as shown by assessment duly made as provided herein, are not paid within fifteen (15thirty (30) days after the same are due, the City shallmay issue a warrant under its official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding himthem to levy upon, seize and sell sufficient personal property, real property and inventory of the taxTax debtor which is subject to the liens created by SectionEMC § 4-4-14 found within histhat county for the payment of the amount due, together with interest, penalties and costs. B. Simultaneously with the issuance of said warrant, the City shall issue a notice of taxTax lien, setting forth the name of the taxpayerTaxpayer, the amount of the taxTax, penalties, interest and costs, the date of the accrual thereof, and that the City claims a first and prior lien therefor on the tangible personal propertyTangible Personal Property, real property and inventory of the taxpayerTaxpayer subject to said liens. Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 338 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:52[EST] (Supp. No. 6157) Page 43 of 45 C. Such notice shall be on forms prepared by the City, shall be verified and shall be filed in the office ofwith the clerk and recorder of any county in this State in which the taxpayerTaxpayer owns tangible personal propertyTangible Personal Property, real property and/or inventory subject to said liens. D. Upon the filing of said notice of lien, theThe effective date of said lien shall relate back tobe the date of the first taxable transaction for which any taxTax is due, regardless of when the notice of lien is filed. (Code 1985, § 4-4-15; Ord. 00-7, § 41, 3-6-00; Ord. 05-48, § 7) 4-4-16: Notices Sent by Mail. Any notice required to be given to any taxpayerTaxpayer or the agent or personal representative of the estate of any taxpayerTaxpayer shall be sufficient if mailed, postpaid by first-class mail to the last-known address of the taxpayerTaxpayer or the agent or personal representative of the estate of the taxpayer.Taxpayer. The first- class mailing of any notice under the provisions of Title 4 Municipal Finances and Taxation,this Chapter 4 Sales and Use Tax, creates a presumption that such notice was received by the taxpayerTaxpayer or agent or personal representative of the estate of the taxpayerof the Taxpayer if the City maintains a record of the notice and maintains a certification that the notice was deposited in the United States mail by an employee of the City. Evidence of the record of the notice mailed to the last-known address of the taxpayerTaxpayer or agent or personal representative of the estate of the taxpayerTaxpayer as shown by the records of the City and a certification of mailing by first-class mail by a City employee is prima facie proof that the notice was received by the taxpayerTaxpayer or agent or personal representative of the estate of the taxpayerTaxpayer. (Code 1985, § 4-4-16; Ord. 08-69, § 1) 4-4-17: Limitations. A. The taxesTaxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall any notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced more than three (3) years after the date on which the taxTax was or is payable. Nor shall any lien continue after such period, except for taxesTaxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period; in which cases such lien shall continue only for one year after the filing of notice thereof. B. In the case of a false or fraudulent returnReturn with intent to evade taxTax, the taxTax, together with interest and penalties thereon may be assessed, or proceedings for the collection of such taxesTaxes may be begun at any time. C. Before the expiration of such period of limitation, the taxpayerTaxpayer and the City may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. (Code 1985, § 4-4-17; Ord. 00-7, § 42) 4-4-18: Service Charge on Returned Checks. If a check in payment of any salesLicense Fee, Sales or use taxUse Tax, or Lodging Tax is returned unpaid, a processing charge shall be added to any amount due and owing. The processing charge shall be periodically reviewed and set by the City. (Code 1985, § 4-4-18; Ord. 00-7, § 43) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Page 339 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:52[EST] (Supp. No. 6157) Page 44 of 45 4-4-19: Unlawful Acts. A. Advertise Absorption of Tax: ItNo Retailer shall be unlawful for any retailer to advertise, to hold out or to state to the public or to any consumerConsumer, directly or indirectly, that the taxTax or any part thereof imposed by this Chapter will be assumed or absorbed by the retailerRetailer, or that it will not be added to the selling priceSales Price of the property sold; or if added, that any part thereof will be refunded. B. Disregard for Rules; Penalty Assessed: If any part of a deficiency in tax paymentTax Deficiency is due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiencyTax Deficiency; and in such case, interest shall be collected at the rate of one percent (1%) per month on the amount of the deficiencyTax Deficiency from the time the returnReturn was due, from the personPerson required to file the returnReturn, which interest and addition shall become due and payable within fifteen (15thirty (30) days after written notice and demand by the City. C. Fraud; Penalty Assessed: If any part of the deficiency Tax Deficiency is due to fraud with the intent to evade the taxTax, then there shall be added fifty percent (50%) of the total amount of the deficiencyTax Deficiency, and in such case the whole amount of the taxTax unpaid, including the additions, shall become due and payable fifteen (15thirty (30) days after written notice and demand by the City and an additional one percent (1%) per month on said amounts shall be added from the date the return was due until paid. D. False Statements: ItNo Person shall be unlawful for any person to willfully make, prepare or submit a tax returnTax Return, or other document, containing any false statement, or to willfully make a false statement in any investigation or hearing, which may affect the taxTax liability of any person. E. Annual Interest Rate; Deficiency Amounts: With respect to transactions consummated on or after January 1, 1986, that result in deficiency amounts as defined in this Section, the annual rate of interest shall be that established by the State Commissioner of Banking pursuant to Section 39-21-110.5, C.R.S.Person. (Code 1985, § 4-4-19; Ord. 00-7) 4-4-20: Penalty. A. In addition to or in lieu of any other penalty or punishment prescribed in this Chapter, the following penalty may also be imposed for violation of any of the provisions of this Chapter: a a fine of up to five hundred dollardollars ($500.00) fine or one hundred eighty (180) days imprisonment, or both such fine and imprisonment. A separate offense shall be deemed committed upon each) per violation, per day or portion thereof during or on which may be imposed for a violation of any provision of this Chapter or of any order issued by the Licensing Officer. B. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue. All violations shall be corrected within ten (10) days to avoid License suspension or revocation, unless an extension is approved by the Finance Director’s designee for good cause shown. The suspension or revocation of any of the provisionsLicense or other privileges under this Chapter shall not be a penalty for enforcement of this Chapter occurs or continuesCodeChapter. (Code 1985, § 4-4-20) 4-4-21: Officers of Corporations, Members of Partnerships, Limited Liability Companies. In addition to the penalties provided in SectionEMC § 4-4-20 EMC2, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any taxTax Formatted ... [272] Formatted ... [273] Formatted ... [274] Formatted ... [275] Formatted ... [276] Formatted ... [277] Formatted ... [278] Formatted ... [279] Formatted ... 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[310] Page 340 of 376 Created:2024Ş09Ş2011:03:002022Ş12Ş1415:50:52[EST] (Supp. No. 6157) Page 45 of 45 administered by this ArticleTitle who willfully fail to collect, account for, or pay over such taxTax or who willfully attempt in any manner to evade or defeat any such taxTax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent (150%) of the total amount of the taxTax not collected, accounted for, paid over, or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing returnsReturns or paying taxesTaxes administered by this ArticleTitle and if such officers of corporations or members of partnerships or limited liability companies voluntarily or at the direction of their superiors assume the duties or responsibilities of complying with the provisions of any taxTax administered by this ArticleTitle on behalf of the corporation, partnership, or limited liability company. (Ord. 08-67, § 1) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: History Note Page 341 of 376 ORDINANCE NO. ____ COUNCIL BILL NO. __ SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF ENGLEWOOD MUNICIPAL CODE, SALES AND USE TAX WHEREAS, the City of Englewood is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution and the home rule charter of the City; and WHEREAS, sales and use taxation is squarely within the City’s home rule authority; and WHEREAS, over the course of two years, City staff and multiple taxation outside experts reviewed the City’s current Title 4, Chapter 4, Sales and Use Tax, and proposed revisions to improve clarity so that those impacted by the Code may more easily understand and apply it, update taxation mechanisms to reflect current commercial practices, include best practices from other Colorado municipality taxation mechanisms, and incorporate standard definitions and taxation mechanisms as proposed by Colorado Municipal League for consistency among cities; and WHEREAS, City Council desires to amend Title 4, Chapter 4, Sales and Use Tax, of the Englewood Municipal Code to incorporate these recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby repeals Title 4, Chapter 4, Sales and Use Tax of the Englewood Municipal Code in its entirety. Section 2. The City Council of the City of Englewood, Colorado hereby adopts the updated and revised Title 4, Chapter 4, Sales and Use Tax of the Englewood Municipal Code, attached hereto as Exhibit 1. Section 3. The following general provisions and findings apply to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Page 342 of 376 C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum under City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as necessary to implement this Ordinance's provisions. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 343 of 376 EXHIBIT 1 Chapter 4 SALES AND USE TAX 4-4-1: Administration of Tax and License Requirement. A. The City Manager's designee shall prescribe forms and reasonable rules and regulations for the making of Returns, the ascertainment, assessment and collection of Taxes imposed, and for proper administration and enforcement. B. Any Person Engaged in Business in the City or otherwise storing, using, or consuming Tangible Personal Property within the City subject to Sales Tax or Use Tax pursuant to this Chapter shall obtain and maintain a current City License. C. The following shall be exempt from obtaining a License: 1. Persons holding Garage Sales under EMC § 15-16-2; 2. Informal Business with annual income less than five hundred dollars ($500.00), including lemonade stands and snow shoveling; 3. Commercial sales associated with not-for-profit fundraising with all monies collected returned to a parent organization, including scouting organizations and local school fundraisers; and 4. Retailers holding a state-standard retail license that ensures payment of Sales and Use Tax to the City and who qualify for a general business license free of charge as allowed under certain conditions of C.R.S. § 39-26-802.9. They may be provided with a City-specific license number for record keeping and track of Sales and Use Taxes paid. D. The Licensing Officer shall determine the applicability of an exemption, subject to appeal pursuant to EMC § 4-4-1-6. 4-4-1-1: Application for Sales and Use Tax License. A. Applications for a License shall be submitted to the Director of Finance's designee (hereinafter "Licensing Officer") biennially, accompanied by all required fees. Unless an exemption above applies, a separate License is required for each physical location within the City. The application shall: 1. Be on forms promulgated by the Licensing Officer, including a signed affidavit by the applicant providing: a. The name and address of the Person to be designated the licensee; b. The address to which all official correspondence is to be mailed, and an e-mail address to receive official notifications from the City (or if there is no e-mail, an additional alternative method of notification which may be relied upon by the City until the City is notified otherwise in writing); c. The name of the Business, including both the name set forth upon any articles of incorporation and the name under which it is doing business within the City (identified Business location); d. The address where the Business is located; e. A general description of the activity to be conducted by the Business; f. A statement of charitable status and supporting documentation, if applicable; g. The regular hours of operation of the identified Business location; and h. Any additional information required by the Licensing Officer or EMC. Page 344 of 376 B.Denial or Revocation of License. The Licensing Officer may deny any application, or suspend or revoke a license as provided in EMC § 5-1-4(D). 4-4-1-2: Duties of Licensing Officer. A. The Licensing Officer shall have the same duties for this Title as provided in EMC § 5-1-3 for Title 5, and issue orders to licensees for compliance with this Title. 4-4-1-3: Fees and Terms of License. A. The non-refundable application fee and other licensing fees shall be set by City Council. B. Should City Council exempt Charitable Organizations from any fee, request for exemption must be made with the application for a License. If a Business changes its Charitable Organization legal status, it must apply for a new License. C. All filings received in paper format and/or requiring in-office processing shall be assessed an administrative fee set by City Council. D. Term. City-issued Licenses shall expire upon the earlier of two (2) years from the date of issuance or: 1. Transfer of the Business to another owner; 2. Transfer of the Business to another location; 3. Any change of name associated with the Business; 4. Any significant change of nature or use of the Business; or 5. The closure of such Business for more than 90 days. E. Licenses may not be modified or transferred. 4-4-1-4: RESERVED 4-4-1-5: Inspections; Enforcement; Notice. A. A licensee shall make available all records required to be maintained by the License and this Title , to any person authorized to enforce this Title. B. Official notices, including notices of intent to inspect or audit any records, shall be sent to the email address and/or mailing address provided under EMC § 4-4-1-1. Notice shall be deemed received forty-eight (48) hours after it was sent. 4-4-1-6: License Hearings, Orders, and Appeals. A. Upon any violation of this Title, other applicable law or regulation, the Licensing Officer shall issue an order to the licensee to bring such Business into compliance. 1. The order, and all other notices under this Title, shall notify the licensee of the specific violation(s), including the citation to the law or regulation, and a short description of the facts of the violation. 2. Before the period of compliance expires as provided within the order, the licensee may appeal the order, in writing to the Licensing Officer, for an appeal hearing before an administrative hearing officer. 3. Within fourteen (14) days of receipt, the Licensing Officer shall request the City Clerk assign an administrative hearing officer. 4. The administrative hearing officer shall schedule an administrative hearing within a reasonable time. The administrative hearing officer shall make a final decision and issue an order in writing Page 345 of 376 within thirty (30) days after the conclusion of the hearing. The decision and order shall be sent by email to the designated email addresses provided by both parties. An official written copy of the decision and order shall be mailed to both parties to the designated mailing addresses within twenty-four (24) hours of sending via email. 5. Either party may appeal the final order of the administrative hearing officer pursuant to Rule 106(4)(a) of the Colorado Rules of Civil Procedure. B. A denial of a License by the Licensing Officer may be appealed to an administrative hearing officer following the procedures above. 4-4-2: Definitions. When used in this Chapter, the following definitions shall apply: A.Automotive Vehicle means any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes. Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. B.Business means all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. C.Charitable Organization means any entity which: (1) has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code; and (2) is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the burden of government. D.Claim for Recovery means a claim for reimbursement of Sales and Use Taxes paid to the wrong taxing jurisdiction. E.Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, City staff time, prosecution and attorney fees. F.Commercial Packaging Materials means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial Packaging Materials do not include Commercial Shipping Materials. G.Construction Equipment means any equipment, including Mobile Machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure or infrastructure. H.Construction Materials means Tangible Personal Property which, when combined with other Tangible Personal Property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not Construction Materials. Page 346 of 376 I.Consumer means any Person in the City who Purchases, uses, stores, distributes or otherwise consumes Tangible Personal Property or Taxable Services, Purchased from sources inside or outside the City. J.Contractor means any Person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement; also includes subcontractor(s). K.Digital Product means an electronic product including, but not limited to: (1) "digital images" which means works that include, but are not limited to, the following that are generally recognized in the ordinary and usual sense as "photographs," "logos," "cartoons," or "drawings"; (2) "digital audio-visual works" which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any; (3) "digital audio works" which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works," "ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication; and (4) "digital books" which means works that are generally recognized in the ordinary and usual sense as "books." L.Distribution means the act of distributing any article of Tangible Personal Property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. M.Economic Nexus means the connection between the City and a Person not having a physical nexus in the State of Colorado, which connection is established when the Person or Marketplace Facilitator makes Retail Sales into the City, and: 1. In the previous calendar year, the Person or Marketplace Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or 2. In the current calendar year, 90 days have passed following the month in which the Person or Marketplace Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended. This definition does not apply to any Person who is doing business in this state but otherwise applies to any other Person. N.Engaged in Business in the City means performing or providing services or selling, leasing, renting, delivering or installing Tangible Personal Property for Storage, use or consumption, within the City. Engaged in Business in the City includes, but is not limited to, any one (1) of the following activities by a Person: (1) directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of Business within the taxing jurisdiction; (2) sends one (1) or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit Business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; (3) maintains one (1) or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; (4) owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; (5) Retailer in the state of Colorado that makes more than one delivery into the City within a twelve month period; or (6) makes Retail Sales sufficient to meet the definitional requirements of Economic Nexus. O.Essential Hygiene Products means incontinence products, diapers, and period products consisting of absorbent cloth or disposable products worn by human who are incapable of, or have difficulty, controlling their bladder or bowel movements and consumer products used to manage menstruation. P.Food For Home Consumption means food for domestic home consumption as defined in 7 U.S.C. § 2012(k), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as defined in 7 U.S.C. § 2012(t), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; or hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin collecting food and snack devices on behalf of a Page 347 of 376 Retailer. Q.Gross Sales means the total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of Tangible Personal Property or services. R.License means a City of Englewood sales and/or use tax license. S.Lodging Services means the furnishing of rooms or accommodations by any Person or combination of Persons to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, short term rental, or similar establishment, under any concession, permit, right of access, license to use, or other agreement, or otherwise. T.Machinery means any apparatus consisting of interrelated parts used to produce an article of Tangible Personal Property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. U.Manufactured Home means any pre-constructed building unit or combination of pre-constructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle; includes a modular home. V.Manufacturing means the operation or performance of an integrated series of operations which places a product, article, substance, commodity, or other Tangible Personal Property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. W.Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales Software application, where Tangible Personal Property, taxable products or Taxable Services are offered for sale. X.Marketplace Facilitator means a Person who: 1. Contracts with a Marketplace Seller or Multichannel Seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the Marketplace Seller's Tangible Personal Property, products, or services through the Person's Marketplace; 2. Engages directly or indirectly, through one or more affiliated Persons, in transmitting or otherwise communicating the offer or acceptance between a Purchaser and the Marketplace Seller or Multichannel Seller; and 3. Either directly or indirectly, through agreements or arrangements with third parties, collects the payment from the Purchaser on behalf of the seller. Marketplace Facilitator does not include a Person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Y.Marketplace Seller means a Person, regardless of whether the Person is Engaged in Business in the City, who has an agreement with a Marketplace Facilitator and offers for sale Tangible Personal Property, products or services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other means. Z.Medical Marijuana means marijuana acquired, possessed, cultivated, manufactured, delivered, transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid "registry identification card" issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14. Page 348 of 376 AA.Medical Supplies means Prescription Drugs for Animals, Prescription Drugs for Humans, Prosthetic Devices for Animals, Prosthetic Devices for Humans, and special beds for patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions, and human whole blood, plasma, blood products and derivatives. Medical Supplies excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. BB.Mobile Machinery and Self-Propelled Construction Equipment means those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or Machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. CC.Motor Fuel means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad locomotives. DD.Multichannel Seller means a Retailer that offers for sale Tangible Personal Property, commodities, or services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other means. EE.Newspaper means a publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, Newspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. FF.Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. GG.Prescription Drugs for Animals means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. HH.Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. II.Price or Purchase Price means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of Page 349 of 376 materials used, labor or service cost, and exclusive of any direct Tax imposed by the federal government or by this Title, and, in the case of all Retail Sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: (1) such exchanged property is to be sold thereafter in the usual course of the Retailer's Business; or (2) such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to Tax. Price or Purchase Price includes: 1. The amount of money received or due in cash and credits. 2. Property at fair market value taken in exchange but not for resale in the usual course of the Retailer’s Business. 3. Any consideration valued in money, whereby the manufacturer or someone else reimburses the Retailer for part of the purchase price and other media of exchange. 4. The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price. 5. Installation, applying, remodeling or repairing the property, and wheeling-in charges included in the purchase price and not separately stated. 6. Transportation and other charges to effect delivery of Tangible Personal Property to the purchaser. 7. Indirect federal manufacturers' excise Taxes, such as Taxes on automobiles, tires and floor stock. 8. The gross purchase price of articles sold after Manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. Price or Purchase Price shall not include: 1. Any Sales or Use Tax imposed by the State of Colorado or by any political subdivision thereof. 2. The fair market value of property exchanged if such property is to be sold thereafter in the Retailers' usual course of Business. This is not limited to exchanges in Colorado. Out of state trade- ins are an allowable adjustment to the purchase price. 3. Discounts from the original price if such discount and the corresponding decrease in Sales Tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting Gross Sales. JJ.Prosthetic Devices for Animals means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. KK.Prosthetic Devices for Humans means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a Page 350 of 376 particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. .Purchase or Sale means the acquisition for any consideration by any Person of Tangible Personal Property, other taxable products or Taxable Services that are purchased, leased, rented, or sold. These terms include capital leases, installment and credit sales, and property and services acquired by: 1. Transfer, either conditionally or absolutely, of title or possession or both to Tangible Personal Property, other taxable products, or Taxable Services; 2. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use Tangible Personal Property, other taxable products, or Taxable Services; 3. Performance of Taxable Services; or 4. Barter or exchange for other Tangible Personal Property, other Taxable products, or Services. The terms "Purchase" and "Sale" do not include: 1. A division of partnership assets among the partners according to their interests in the partnership; 2. The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; 3. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; 4. A transfer of a partnership or limited liability company interest; 5. The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; or 6. The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder. MM.Realty means land and anything fixed, immovable, or permanently attached to it such as buildings, walls, fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems. NN.Resident means a person who resides or maintains one or more places of Business within the City, regardless of whether that person also resides or maintains a place of Business outside of the City. OO.Retail Sales means all Sales except Wholesale Sales. PP.Retailer or Vendor means any Person selling, leasing, renting, or granting a license to use Tangible Personal Property or services at retail. Retailer shall include, but is not limited to, any: 1. Auctioneer; 2. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; 3. Charitable organization or governmental entity which makes sales of Tangible Personal Property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; 4. Retailer-Contractor, when acting in the capacity of a seller of building supplies, Construction Materials, and other Tangible Personal Property; 5. Marketplace Facilitator, a Marketplace Seller, and a Multichannel Seller; or Page 351 of 376 6. Any Person furnishing or selling Lodging Services. QQ.Retailer-Contractor means a Contractor who is also a Retailer of building supplies, construction materials, or other Tangible Personal Property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts. RR.Return means any form prescribed by the City for computing and reporting a total tax liability. SS.Sales or Sales, see the definition or Purchase or Sale above. TT.Sales Tax means the Tax that is collected or required to be collected and remitted by a Retailer on Sales taxed under this Title. UU.School means a public or nonpublic school for students in kindergarten through 12th grade or any portion thereof. VV.Software Program means a sequence of instructions that can be measured, interpreted and executed by an electronic device (e.g., a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) pre-written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf ("COTS")," "mass produced" or "standardized;" (3) modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; or (4) the generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any items which add or extend functionality to existing software programs. WW.Software as a Service means software that is rented, leased or subscribed to from a provider and used at the Consumer's location, including but not limited to applications, systems or programs. XX.Software License Fee means a fee charged for the right to use, access, or maintain Software Programs. YY.Software Maintenance Agreement means an agreement, typically with a software provider, that may include: (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities loaded into existing software; or (3) technical support. ZZ.Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, Tangible Personal Property not while in transit but on a stand still basis for future use when leased, rented or Purchased at retail from sources either within or without the City from any Person or Retailer. AAA.Tangible Personal Property means personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. BBB.Tax means the Use Tax due from a Consumer or the Sales Tax due from a Retailer or the sum of both due from a Retailer who also consumes. CCC.Tax Deficiency means any amount of Tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any Return or payment of the Tax is required under the terms of this Chapter. DDD.Taxable Sales means Gross Sales less any exemptions and deductions specified in this Chapter. EEE.Taxable Services means services subject to Tax pursuant to this Chapter. FFF.Taxpayer means any Person obligated to collect and/or pay Tax under the terms of this Chapter. GGG.Telecommunications Service means the service of which the object is the transmission of any two-way interactive electronic or electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two- Page 352 of 376 way communication. HHH.Total Tax Liability means the total of all Tax, penalties and/or interest owed by a Taxpayer and shall include Sales Tax collected in excess of such Tax computed on total Sales. III.Use means the exercise, for any length of time by any Person within the City of any right, power or dominion over Tangible Personal Property or services when rented, leased or Purchased at retail from sources either within or without the City from any Person or Retailer or used in the performance of a contract in the City whether or not such Tangible Personal Property is owned by the Taxpayer. Use also includes the withdrawal of items from inventory for consumption. JJJ.Use Tax means the Tax paid or required to be paid by a Consumer for using, storing, distributing or otherwise consuming Tangible Personal Property or Taxable Services inside the City. KKK.Wholesale Sales means a sale by Wholesalers to Retailers, jobbers, dealers, or other Wholesalers for resale and does not include a sale by Wholesalers to users or Consumers not for resale; latter types of Sales shall be deemed to be Retail Sales and shall be subject to the provisions of this Chapter. LLL.Wholesaler means any Person doing an organized wholesale or jobbing Business and selling to Retailers, jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for Storage, Use, consumption, or Distribution. 4-4-3: Purpose of Tax, Distribution of Proceeds. The City Council hereby declares that the purpose of the levy of the Taxes imposed by this Chapter is for the raising of funds for payment of the general operating expenses of the City and for capital improvements; provided, however, that all of those revenues derived on the Use, consumption or Storage of those items contained in EMC § 4-4-5-3(B) (Automotive Vehicles, trailers, building materials and supplies) shall be segregated, held apart and deposited into a separate capital improvement account and shall be used solely to fund and finance the capital improvements of the City. 4-4-4: Sales Tax Imposed. 4-4-4-1: Taxable Items. The Tax under EMC § 4-4-4-2 shall be collected and paid upon: A. The Purchase Price paid or charged upon all Retail Sales and Purchases of Tangible Personal Property, and products within the City. B. The Purchase Price paid or charged for the Sale or furnishing of Telecommunications Services, electricity, steam heat or gas services. C. The Purchase Price paid or charged for food or drink prepared for immediate consumption. D. The Purchase Price paid or received for Lodging Services. E. The Purchase Price paid for Software Programs, Software as a Service, Software License Fees, and Software Maintenance Agreements. 4-4-4-2: Sales Tax Levy. A. A Tax of three and eighty-hundredths (3.8%) percent is imposed and levied upon all taxable items described in EMC § 4-4-4-1. B. The following Taxes are hereby levied upon the rental fee, Price, or other consideration paid or received for Sales of Lodging Services: Page 353 of 376 1. The Sales Tax in in subsection A above; plus 2. Two percent (2%) of the Purchase Price. C. Retailers shall add Taxes imposed to the Sale or charge of the item sold, showing such Tax as a separate and distinct item, and, when added, such Tax shall constitute a part of such Price or charge, shall be a debt from the Purchaser to the Retailer until paid, and shall be recoverable at law in the same manner as other debts. 4-4-4-2A: Sales Tax upon the Sale of Retail Marijuana. A. The Sale of retail marijuana shall be subject to an additional Sales Tax of three and one-half percent (3.5%), that may be raised up to one and one-half percent (1.5%) per year to a maximum additional Sales Tax of fifteen percent (15%). Tax revenues so collected shall fund local law enforcement, educational programs and other City general operating expenses. B. To implement Initiated Ballot Issue 300, 2016, the annual proposed City budget shall include a one and one-half percent (1.5%) annual increase in the additional Sales Tax imposed upon the sale of retail marijuana, up to a maximum of fifteen percent (15%). The City Council may modify the annual additional Sales Tax increase as part of the annual budgeting process. Approval of the annual budget will include approval of the Sales Tax rate for retail marijuana. 4-4-4-3: Exemptions to Sales Tax. A. The Sale of the following are exempt from the Tax imposed by EMC § 4-4-4-2: 1. Automotive Vehicles, trailers and semi-trailers, registered outside of the City. 2. Sales of Tangible Personal Property where: a. The Sales are to parties who are Residents of, or doing Business in, the State of Colorado, but outside the City; and b. The articles Purchased are delivered to the Purchaser outside of the City by common carrier, conveyance by the seller or by mail. 3. Sales of Motor Fuel. 4. Sales of Medical Supplies. 5. Sales of Food for Home Consumption. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate Consumer thereof. 7. Sale of Construction Materials, if such materials are picked up by the Purchaser and if the Purchaser of such materials presents to the Retailer a building permit or other documentation acceptable to the City evidencing that a local Use Tax has been paid or is required to be paid, or that such Purchaser presents a building permit or other documentation acceptable to the City evidencing that such Purchaser is exempt from payment of Use Tax pursuant to EMC § 4-4-5-2. 8. Sales of Newspapers and magazines. 9. Sales of Tangible Personal Property at a Garage Sale in compliance with EMC § 15-16-2. 10. Commercial packaging materials. 11. Sales of cigarettes, including any product defined by C.R.S. § 39-28-202(4), as amended. 12. Sales of Lodging Services provided to any natural person for a period of more than thirty (30) consecutive days. 13. The retail delivery fee consisting of the community access retail delivery fee imposed in C.R.S. § 24-38.5- Page 354 of 376 303(7), the clean fleet retail delivery fee imposed in C.R.S. § 25-7.5-103(8), the clean transit retail delivery fee imposed in C.R.S. § 43-4-1203(7), the retail delivery fee imposed in C.R.S. § 43-4-218(3), the bridge and tunnel retail delivery fee imposed in C.R.S. § 43-4-805 (5)(g.7), and the air pollution mitigation retail delivery fee imposed in C.R.S. § 43-4- 1303(8), as such sections existed on June 17, 2021. 14. The carryout bag fee imposed in C.R.S. § 25-17-505, as such section existed on July 6, 2021. 15. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the payment of Sales or Use Tax under this Chapter, is exempt from taxation under this Chapter. 16. All sales to the United States government, to the state, its departments and institutions, and the political subdivisions thereof that are: a.Billed directly to such governmental entities; b. Paid directly from funds of such governmental entities; and c. Used exclusively by such governmental entities in their governmental capacities. 17. All sales to charitable organizations that are: a. Billed directly to the charitable organization; b. Paid directly from funds of the charitable organization; and c. Used exclusively for the charitable organization's organizational or operational purposes. 18. The City's Sales Tax shall not apply to the sale of Tangible Personal Property at retail or the furnishing of services if the transaction was previously subjected to a Sales or Use Tax properly and proportionately imposed on the Purchaser or user by another municipality equal to or in excess of the Sales Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's Sales Tax with respect to such transaction equal in amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser or user to another municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-4-2. For the transactions consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed three and one-half percent (3.50%). 19. Sales of Essential Hygiene Products. B. Burden of Proving Exemptions; Disputes. The burden of proof that any Retailer is exempt from collecting a Tax upon any goods sold and paying the same to the City, or from making Return for the same, shall be on the Retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise between any Purchaser and seller as to whether or not any Retail Sale is exempt from taxation hereunder, the seller shall, nevertheless, collect and the Purchaser shall pay such Tax; and the seller shall thereupon issue to the Purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the seller and Purchaser, the items Purchased, the date, Price, amount of Tax paid, and a brief statement of the claim of exemption. Thereafter the Purchaser may apply to the City for a refund of such Taxes and the City shall determine the question of exemption. In any case where the City refunds any Taxes, it may collect from the Retailer the amount of Taxes retained by them as a fee attributable to the transaction. 4-4-4-4: Reserved. 4-4-4-5: Reserved. 4-4-4-6: Books and Records Kept. Every Taxpayer or other Person liable to the City for Sales or Use Tax under this Chapter, including Taxpayers and other Persons that apply or that are required to apply for a permit to improve Realty, shall keep Page 355 of 376 and preserve for a period of four (4) years from the date the Tax is due such books, accounts and records, including, without limitation, original Sales and Purchase records, as may be necessary to determine the amount of Tax that the Taxpayer or other Person is liable to pay or collect, and all such books, accounts and records shall be open for examination at any time by the City. Upon demand by the Finance Director’s designee, the Taxpayer shall make the books, invoices, accounts or other records it maintains available as directed by the City for examination, inspection and audit. The Taxpayer shall maintain its books, invoices, accounts or other records until the examination, inspection and audit is complete. 4-4-4-7: Sales Tax Returns. A. Every Person required to obtain a License under this Chapter shall file a Sales Tax Return, with payment of Tax owed through the means directed by the City, no later than the twentieth (20th ) day of each month for the preceding calendar month; if, however, reports of Sales made on a calendar monthly basis will impose undue hardship, the Finance Director may, upon request of said Retailer and in the Director’s sole discretion, accept reports at alternative intervals if it will not jeopardize the collection of the Tax. B. All other Persons shall pay to the Finance Director’s designee the amount of any Tax due under this Chapter no later than thirty (30) days after the date said Tax becomes due. C. All License applications, Returns and payments under this Chapter received in paper format and/or requiring in-office processing shall be assessed an administrative fee set by City Council. 4-4-4-8: Retailer Responsibilities. A. Retailer responsibility for collection of Tax. Every Retailer Engaged in Business and selling at retail shall be liable and responsible for the collection of an amount equivalent to the amount of the Tax imposed by this Chapter computed on the total of all sales made by the Retailer of taxable Tangible Personal Property, products or services. B. Retailer responsibility for remittance of Tax. Every Retailer obligated to collect and/or pay any of the Tax imposed by this Chapter shall file a return and remit the total amount due to the City in accordance with EMC § 4-4-4-7. C. Timely payment evidence; computation of dates. 1. Timely payment may be evidenced by the transaction processing date, or the postmark date if mailed. Payments processed by the Finance Department or tax portals or postmarked on or before the due date will be considered timely. 2. Any due date, payment date or deadline for paying tax due, providing information or taking other action which falls on a Saturday, Sunday or legal holiday recognized by either the federal government or the State shall be extended to the first business day following such weekend or holiday. D. Every Retailer shall be responsible for verifying the address of the Sale to determine the correct jurisdiction to which the Taxes are owed. 1.Street Guide. The City shall make available to any requesting vendor a street guide showing the boundaries of the City. A Retailer may rely on the most current version of such street guide in determining whether to collect a City Sales Tax or Use Tax or both. No penalty shall be imposed or action for Tax Deficiency maintained against such a Retailer who in good faith complies with the most recent version of the street guide available to it. 2.Electronic Database—Address Locator. Page 356 of 376 i.Any Retailer that collects and remits Sales Tax to the City may use an electronic database of state addresses certified by the State Department of Revenue pursuant to C.R.S. § 39-26- 105.3 to determine the jurisdictions to which Tax is owed. ii.Any Retailer that uses said electronic database for this purpose shall be held harmless for any Tax, penalty, or interest owed the City but unpaid in good faith due to an error in the database, provided the Retailer used the most current information available in such database on the date the Sale(s) occurred. Each Retailer shall have the burden to prove it used the most current information available in the electronic database on the date the Sale(s) occurred. This subsection shall not apply to errors resulting from a deceptive or false representation, fraud or negligence. 4-4-4-9: Marketplace Sales. A. A Marketplace Seller, with respect to Sales of Tangible Personal Property, products, or services made in or through a Marketplace Facilitator’s Marketplace, does not have the liabilities, obligations, or rights of a Retailer under this Title if the Marketplace Seller can show that such Sale was facilitated by a Marketplace Facilitator: 1. With whom the Marketplace Seller has a contract that explicitly provides that the Marketplace Facilitator will collect and remit Sales Tax on all Sales subject to Tax under this Title; or 2. From whom the Marketplace Seller requested and received in good faith a certification that the Marketplace Facilitator is registered to collect Sales Tax and will collect Sales Tax on all Sales subject to Tax under this Title made in or through the Marketplace Facilitator’s Marketplace. B. If a Marketplace Seller makes a Sale that is not facilitated by a licensed Marketplace Facilitator in a Marketplace, the Marketplace Seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other Retailer. C. Auditing. With respect to any Sale, the City shall audit solely the Marketplace Facilitator for Sales made by Marketplace Sellers or Multichannel Sellers but facilitated by the Marketplace. The City will not audit or otherwise assess Tax against Marketplace Sellers or Multichannel Sellers for Sales facilitated by a Marketplace Facilitator. 4-4-5: Use Tax Imposed. 4-4-5-1: Tax on Storage, Consumption and Use. Every person who Stores, Uses, Distributes or consumes in the City any article of Tangible Personal Property, product, or any service subject to the provisions of this Chapter is exercising a taxable privilege. The rate of Tax shall be equal to the rate imposed in EMC § 4-4-4-2. 4-4-5-2: Exemptions to Use Tax. A. The Tax levied by EMC § 4-4-5-1 is supplementary to the Tax levied by EMC § 4-4-4-2, and the following transactions shall be exempt therefrom: 1. The Storage, Use or consumption of personal property, the Sale of which is subject to Sales Tax levied by EMC § 4-4-4-2. 2. The Storage, Use or consumption of any Tangible Personal Property Purchased for resale to the City, either in its original form or as an ingredient of a manufactured or compounded product, in Page 357 of 376 the regular course of a Business. 3. The Storage, Use or consumption of Motor Fuel upon which there has accrued, or has been paid, the Motor Fuel Tax prescribed by the Colorado Motor Fuel Tax Law of 1933, C.R.S. § 39-27-101 et seq., as amended. 4. The Storage, Use or consumption of Tangible Personal Property acquired when the user or Consumer thereof was not a Resident of the City; provided its Use or consumption is for the benefit of said user or Consumer. 5. Storage, Use or consumption by the United States government, to the state, its departments and institutions, and the political subdivisions thereof that are: a. Billed directly to such governmental entities; b. Paid directly from funds of such governmental entities; and c. Used exclusively by such governmental entities in their governmental capacities. 6. Storage, Use or consumption by Charitable Organizations that are: a. Billed directly to the Charitable Organization; b. Paid directly from funds of the Charitable Organization; and c. Used exclusively for the Charitable Organization's organizational or operational purposes. 7. The Storage, Use or consumption of Tangible Personal Property by a Person engaged in the Business of Manufacturing, compounding for sale, profit or Use, any article, substance or commodity, when Tangible Personal Property: a. Is actually and factually transformed by the process of manufacture; b. Becomes by the Manufacturing process a necessary and recognizable ingredient, component or constituent part of the finished product; and c. Its physical presence in the finished product is essential to the Use thereof in the hands of the ultimate Consumer. 8. The Storage of Construction Materials. 9. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the payment of Sales or Use tax under this Chapter, is exempt from taxation under this Chapter. B. The City's Use Tax shall not apply to the sale of Tangible Personal Property at retail or the furnishing of services if the transaction was previously subjected to a Sales or Use Tax properly and proportionately imposed on the Purchaser or user by another municipality equal to or in excess of the Sales Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's Use Tax with respect to such transaction equal in amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser or user to another municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-4-2. For transactions consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed three and one-half percent (3.50%). C. The City's Use Tax shall not be imposed on the Use or consumption of Tangible Personal Property within the City which occurs more than three (3) years after the most recent Sale of the property subject to any sales tax within the State, if, within the three (3) years following such Sale, the property has been significantly used within the State for the principal purposes for which it was Purchased. D. Nothing herein shall exempt from the Tax levied by EMC § 4-4-5-3(B) the Storage, Use or consumption of any Tangible Personal Property to be used by a Contractor for the construction of an improvement for any entity enumerated in subsection (A)(5) above, except any Tangible Personal Property to be used by a Contractor for Page 358 of 376 construction projects associated with any capital improvement project of any public school district, for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utilities, and roadway access. 4-4-5-3: Payment and Collection of Use Tax. A. Payment of Tax: 1. The Return filed under EMC § 4-4-4-7 by all Persons required to obtain a License under this Chapter shall include information required by the City to accurately compute the amount of Use Tax due from said Retailer for Purchases made by such Retailer for which Use Tax applies and is due at the same frequency and on the same Return with any Sales Taxes required to be remitted. 2. All other Persons shall pay to the City the amount of any Tax due under this Section, not later than thirty (30) days after the date said Tax becomes due. B. Payment and Collection on Specific Items: 1. Automotive Vehicles: A Return shall be filed and Use Tax shall be paid by any Person purchasing any new or used Automotive Vehicle, trailer or semi-trailer outside the City, with the intent to register the same at an address inside the City, prior to registering and obtaining license plates therefor. 2. Construction Materials: a. Any Person who shall build, construct or improve any building, dwelling or other structure or improvement to Realty whatsoever (including but not limited to structures, and site work such as landscaping, utility infrastructure, curb/gutter installation, parking lot resurfacing, etc.) within the City shall pay as a deposit for payment of the Tax levied by EMC § 4-4-5-1 an amount equal to one of the following: three and eighty-hundredths percent (3.8%) of fifty percent (50%) of the estimated cost or total contract Price of the structure improvement or three and eighty- hundredths (3.8%) of forty percent (40%) of the estimated cost of the improvement to Realty (other than to the structure). b. Payment of the deposit shall be made upon the application for any necessary permit to undertake the activities described above. c. If the estimated cost or the total contract Price of the improvement to Realty is in excess of three million dollars ($3,000,000.00) or a higher amount set by City Council, the City Manager’s designee upon request and in their sole discretion, may authorize a waiver of said deposit and instead accept payment of Use Tax at set intervals, based upon actual Purchases of materials, supplies and equipment for such Tax may be due, subject to City adopted regulations. d. Within sixty (60) days of the date of final inspection by the City’s building official, if no certificate of occupancy will be issued, or on the date the certificate of occupancy is issued, the Taxpayer may submit a request for a refund to the City with the cost of materials as verified by records kept pursuant to EMC § 4-4-4-6. The Taxpayer will be allowed one thirty (30) day extension of time, if the Taxpayer requests the extension prior to the expiration of the sixty (60) day deadline. e. The application shall include all necessary documentation evidencing the overpayment of Tax and any other documentation or information required by the City. f. Upon review of the application, if the City is satisfied that there has been such overpayment, it shall refund such overpayment to the Taxpayer within a reasonable time. g. The City may examine all books and records pertaining to the payment of Use Tax under this Page 359 of 376 Section for up to three years after City issuance of certificate of completion/occupancy to determine actual Taxes due on Construction Materials. 3. Construction Equipment: a. Construction Equipment located within the City for more than thirty (30) consecutive days shall be subject to the City’s full Use Tax. b. Construction Equipment located within the City for thirty (30) consecutive days or less shall be subject to the City's Use Tax as follows: the Purchase Price of the equipment shall be divided by twelve (12), and the result shall be multiplied by three and eighty-hundredths percent (3.8%). i. If Subsection (B)(3)(b)above is applicable , the credit provisions of EMC § 4-4-5-2(B) shall apply at such time as the aggregate Sales and Use Taxes legally imposed by and paid to other municipalities on any such equipment equal three and eighty-hundredths percent (3.8%). ii. To establish the applicability of Subsection (B)(3)(b) above, the Taxpayer shall: a). Prior to or on the date the equipment is located within the City, the Taxpayer shall file the City’s equipment declaration form, stating the dates on which the Taxpayer anticipates the equipment will be located within and removed from the City, a description of each such anticipated piece of equipment, the actual or anticipated Purchase Price of each such anticipated piece of equipment, and such other information requested by the City. b). The Taxpayer shall file with the City an amended equipment declaration reflecting changes in any previously filed equipment declaration within the earlier of ninety (90) days of the change, or ten (10) days after substantial completion of the project. c). The Taxpayer need not report on any equipment declaration any equipment for which the Purchase Price was under two thousand five hundred dollars ($2,500.00). c. If an equipment declaration is filed for Construction Equipment for which the customary Purchase Price is under two thousand five hundred dollars ($2,500.00) which was brought into the boundaries of the City temporarily for Use on a construction project, it shall be presumed the item was Purchased in a jurisdiction having a local Sales or Use Taxes as high as three and eighty-hundredths percent (3.8%) and that such local Sales or Use Tax was previously paid. d. If the Taxpayer fails to comply with Subsection (B)(3)(b)(ii) above, Subsection (B)(3)(b) shall not apply and the Taxpayer shall be subject to the provisions of Subsection 3(a) above. However, if the Taxpayer substantially complies with the provisions of Subsection (B)(3)(b) above, that subsection shall apply. 4-4-6: License and Tax in Addition to All Other Taxes. The License and Tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by law, except as specifically otherwise provided. 4-4-7: Tax Information Confidential. A. Except pursuant to judicial order or specifically otherwise provided, the City shall not divulge information gained from any Return filed, or from any investigation or hearing held under this Chapter. B. Nothing in this Section shall prohibit: 1. The delivery to a Person, or to their duly authorized representative, of a copy of any Return filed. 2. The publication of statistics so classified as to prevent the identification of particular reports or Returns and the items thereof. 3. The inspection by the City Attorney, or other City legal representatives, of the Return or other Page 360 of 376 potentially material information relating to any Taxpayer who is, or may become involved, in litigation with the City. 4. The Director is authorized to execute a memorandum of understanding with the State of Colorado Department of Revenue, department of revenue of any other state, the Commissioner of the Internal Revenue Service of the United States or a delegate, the county assessor or county treasurer of any county, or the proper official of any county, city, or town for any exchange of information classified under this section as confidential, provided that the governmental entity with whom the information has been exchanged agrees to abide by the provisions of this Chapter pertaining to confidential information. C. Reports and filed Returns shall be retained by the City pursuant the City’s document retention schedule. 4-4-8: Reserved. 4-4-9: Sale or Purchase of Business or Property. A. New License required. Any Sale, transfer or Purchase of an interest in a Licensed Business enterprise by any Person, where the respective interest of the Person purchasing or selling as a result of the transaction has changed in any degree, requires the issuance of a new License. B. Final Return. Within fifteen (15) days after any Person, Retailer or Taxpayer (1) sells out their Business or stock of goods or all the assets of a Business to another Person, or (2) quits Business, they shall file a final Return and remit all Taxes due to the City. C. Tax due on Business property. The City Tax shall be remitted on the Purchase Price paid for Tangible Personal Property that is acquired with the Purchase, transfer of title or transfer of possession of a Business, with the exception of items to be resold in the ordinary course of Business operations of the new Business. The Tax shall be based on the Price paid for such chattels as recorded in the bill of sale or agreement and constituting a part of the total transaction at the time of the Sale or transfer, provided that the valuation is as great as or greater than the fair market value of such merchandise or chattels. Where the transfer of ownership is a package deal made by a lump-sum transaction, the Tax shall be paid on the book value if no separate valuation has been made. When Business ownership is transferred in return for the assumption of outstanding indebtedness owed by former owners, the Tax shall be paid on the fair market value of all taxable Tangible Personal Property acquired by the Purchaser or new owner. The "sale" or "sale and purchase" of a Business does not include a bona fide gift or items under C.R.S. § 39-26-102(10). D. Prior Taxes due. Taxes due upon the Sale of a Business or stock of goods include all Sales Taxes which were collected or should have been collected prior to the Sale, and all Use Taxes accruing or payable prior to the Sale. E. Purchaser to withhold payment until Tax paid. The Purchaser or successor to the Business, stock of goods or assets shall withhold sufficient of the purchase money to cover all of said Taxes until such time as the former owner produces a receipt from the Finance Director’s designee showing that all Taxes, penalties, interest, and fees owed to the City have been paid in full. F. Purchaser liable for prior owner's unpaid Tax. The Purchaser of a Business is liable for any unpaid Tax, penalties, interest, and fees of the prior owner. Retailers or Consumers having outstanding accounts on which Sales or Use Tax has not been remitted must compute and pay the Tax at the time of sale. G. Seller and seller's agent liable for Tax. The seller or their agent is liable for Tax remittance on the Sale of the Business in the event the Purchaser fails to remit the Tax due on the Purchase. Page 361 of 376 H. Seller and Purchaser are both liable. Until all Taxes, penalties, interest and fees due to the City are paid in full, both the former owner and the Purchaser shall remain personally liable thereon and subject to all collection proceedings available under this Chapter. Action by the City against the former owner shall not prevent the exercise by the City of all remedies available under law against the successor owner. I. Delinquent Taxes a lien on property. Any Person who takes or Purchases personal or real property under lease, title-retaining contract or other contract arrangement, by Purchase, foreclosure sale or otherwise, takes the same subject to the lien for any delinquent Taxes owed by the original owner and shall be liable for the payment of all delinquent Taxes, interest, penalties, fees, and Collection Costs of such prior owner, not however, exceeding the value of the property so taken or acquired. Any Person who takes title to or possession of any real property upon which a Tax is owed takes said property subject to the lien for said delinquent Tax and shall be liable for the payment thereof to the extent of the Tax, interest, penalties and Collection Costs. 4-4-10: Refunds. A. Generally. A refund shall be made for the Tax so paid under dispute by any purchaser or if the amount paid through a tax return is greater than the amount due. Interest shall not be paid on refunds or overpayments. Such refund shall be made by the Director upon entitlement thereto shown by the applicant and only after compliance with the following conditions: a. A Taxpayer may seek a refund of Taxes paid in error within three (3) years after the date the Tax was paid or should have been paid, whichever is earlier, the filing was due, or the date of Purchase of the goods for which the refund is claimed. The refunded amount will be net of any other outstanding Taxes owed. b. Applications made for overpayment related to the Use Tax deposit paid through a building permit shall be filed within sixty (60) days from the issuance of certificate of occupancy or final inspection or whichever comes later. B. Decisions. Upon receipt of such affidavit, invoice or receipt, and application, the Director shall examine the same and shall give notice to the applicant by an order in writing of its decision thereon. C. Petition. An applicant may, within thirty (30) days from the date of the decision to deny or reduce their claim for a refund, petition the Director in writing for review of the decision in the manner provided in EMC § 4-4-13. D. Refunds not assignable. The right of any Person to a refund under this chapter shall not be assignable, and application for refund must be made by the same person who purchased the goods and paid the tax thereon as shown in the invoice for the sale thereof. E. Penalty for violating refund provisions. No applicant for a refund under the provisions hereinabove, nor any other person, shall make any false statement in connection with an application for a refund of any Tax. F. Violations of refund provisions to be used as evidence of fraudulent intent. If any person is convicted of violating this Section, the proof of such conviction shall be prima facie evidence of fraud by that person in any appropriate action brought or taken for recovery of other refunds made by the Director to such person within the prior three (3) years to the conviction. A brief summary of the penalties for violations of this Chapter shall be printed on each form issued by the Director for application for a refund. G. Intercity Claims for recovery. The intent of this Section is to streamline and standardize procedures Page 362 of 376 related to situations where tax has been remitted to the incorrect municipality. It is not intended to reduce or eliminate the responsibilities of the Taxpayer or vendor to correctly pay, collect and remit Sales Tax and Use Tax to the City. a. When the Director determines that Sales Tax or Use Tax owed to the City has been reported and paid to another municipality, the City shall promptly notify the vendor that taxes are being improperly collected and remitted and that, as of the date of the notice, the vendor must cease improper tax collections and remittances. The City may make a written Claim for Recovery directly to the municipality that received tax and/or penalty, and interest owed to the City or, in the alternative, may institute procedures for collection of the tax from the Taxpayer or vendor. The decision to make a Claim for Recovery lies in the sole discretion of the City. Any Claim for Recovery shall include a properly executed release of claim from the Taxpayer and/or vendor releasing their claim to the taxes paid to the wrong municipality, evidence to substantiate the claim, and a request that the municipality approve or deny, in whole or in part, the claim within ninety (90) days of its receipt. The municipality to which the City submits a Claim for Recovery may, for good cause, request an extension of time to investigate the claim, and approval of such extension by the City shall not be unreasonably withheld. b. Within ninety (90) days after receipt of a Claim for Recovery, the City shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall notify the municipality submitting the claim in writing that the claim is either approved or denied in whole or in part, including the reasons for the decision. If the claim is approved in whole or in part, the City shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or Taxpayer, the check shall be made to the parties jointly. Denial of a Claim For Recovery may only be made for good cause. c. The City may deny the claim on the grounds that it has previously paid a Claim for Recovery arising out of an audit of the same Taxpayer or if the claim is outside of the statute of limitations. d. The period subject to a Claim for Recovery shall be limited to the thirty-six-month period prior to the date the municipality that was wrongly paid the tax receives the Claim for Recovery. This period may be extended only if a written document was approved by the Director and Taxpayer to toll the running of this thirty-six-month period. 4-4-11: Estimated Taxes, Examination and Assessment Thereof. A. The Director is authorized to examine, inspect and audit the books, invoices, accounts and other records kept or maintained by the Taxpayer for the collection or payment of the taxes imposed by this Chapter. If the Director determines that any Taxpayer neglects or refuses to make a timely Return in payment of the taxes or to pay or to correctly account for any taxes as required by this Chapter, the Director shall make an estimate, based upon such information as may be available, with or without employing investigative powers vested in the Director by this Chapter, of the amount of the taxes due for the period or periods for which the Taxpayer is delinquent; and upon the basis of such estimated amount, compute and assess in addition thereto a penalty equal to ten (10) percent thereof, together with the interest on such delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due until the date paid. B. Promptly thereafter the Director shall notify the delinquent Taxpayer in writing and demand payment thereof of such estimated taxes, penalty and interest by issuing a Notice of Final Determination; Assessment and Demand for Payment. Page 363 of 376 C. Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and due and payable from the Taxpayer to the City thirty (30) days from the date of the notice and demand; provided, however, that within said thirty-day period the delinquent Taxpayer may petition the Director in writing for review of the assessment in the manner provided in EMC § 4-4-13. The filing of a petition shall not toll the accrual of interest on the amount of taxes due. D. Interest and penalty assessment. Interest and penalties shall be paid upon notice and demand, and shall be assessed, collected and paid in the same manner as the Tax to which it is applicable. If any portion of a Tax is satisfied by credit of an overpayment, no interest or penalty shall be imposed under this Section on the portion of the Tax so satisfied. A penalty equal to the greater of the sum of fifteen dollars ($15.00) or ten percent (10%) thereof, and interest is calculated on such delinquent taxes at the rate of one percent (1%) per month from the date when due. E. Penalty for fraud. If any deficiency in taxes paid is due to fraud with the intent to evade the Tax, there shall be added, instead of the penalty prescribed in Subsection (D) above, a penalty of fifty percent (50%) of the total amount of the deficiency to the assessment required by Subsection (A) above. Interest shall accrue and be collected at a rate of one percent (1%) per month on the amount of such deficiency from the time the return was due. F. Director may waive penalty. The Director is hereby authorized to waive, for good cause shown, any penalty assessed as provided in this Chapter. In case of waiver of penalty, the interest shall be deemed a penalty. If the Director finds that a Taxpayer has, in good faith, paid Tax to a vendor, the Director is hereby authorized to abate the interest and penalty in its entirety. 4-4-12: Audit Procedures. A. The Director, City staff or a contract auditor as designated by the Director, may, at any time within three years of the date the Tax was due or the certificate of occupancy date, for the purpose of ascertaining the correct amount of Tax due from any Return, construction permit or construction equipment declaration, conduct an audit by examining any relevant books, accounts, and records of the responsible party and by interviewing the Taxpayer and the Taxpayer's officers, agents, and employees. The periods to be audited may be extended pursuant to EMC § 4-4-17(C). B. Coordinated Audit Procedures. 1. Any Taxpayer licensed in this City pursuant to this Chapter, and holding a similar Sales Tax license in at least four (4) other Colorado municipalities that administer their own Sales Tax collection, may request a coordinated audit as provided herein. 2. Within fourteen (14) days of receipt of notice of an intended audit by any municipality that administers its own Sales Tax collection, the Taxpayer may provide the City, by certified mail, return receipt requested, a written request for a coordinated audit indicating the municipality from which the notice of intended audit was received and the name of the official who issued such notice. Such request shall include a list of those Colorado municipalities utilizing local collection of their Sales Tax in which the Taxpayer holds a current Sales Tax license and a declaration that the Taxpayer will sign waiver of any passage-of-time base limited upon this City's right to recover Tax owed by the Retailer or Taxpayer for the audit period. 3. Except as provided in Subsection (B)(7) below, any Taxpayer that submits a complete request for a coordinated audit and promptly signs a waiver of EMC § 4-4-17, may be audited by this City during the twelve (12) months after such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. 4. If this City desires to participate in the audit of a Taxpayer that submits a complete request for a coordinated audit pursuant to Subsection (B)(3) above, the City shall so notify the municipality whose notice of audit prompted the Taxpayer's request within ten (10) days after receipt of the Page 364 of 376 Taxpayer's request for a coordinated audit. The City shall then cooperate with other participating municipalities in the development of arrangements for the coordinated audit, including arrangements of the time during which the coordinated audit, including arrangements of the time during which the coordinated audit will be conducted, the period of time to be covered by the audit, and a coordinated notice to the Taxpayer of those records most likely to be required for completion of the coordinated audit. 5. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by this City, this City shall facilitate arrangements between it and other municipalities participating in the coordinated audit unless and until an official from some other participating municipality agrees to assume this responsibility. The City shall cooperate with other participating municipalities to, whenever practicable, minimize the number of auditors that will be present on the Taxpayer's premises to conduct the coordinated audit on behalf of the participating municipalities. Information obtained by or on behalf of those municipalities participating in the coordinated audit may be shared only among such participating municipalities. 6. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by this City, this City shall, once arrangements for the coordinated audit between it and other participating municipalities are completed, provide written notice to the Taxpayer of which municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The City shall also propose a schedule for the coordinated audit. 7. The coordinated audit procedure set forth in this Section shall not apply: a. When the proposed audit is a jeopardy audit; b. When a Taxpayer refuses to promptly sign a waiver of EMC § 4-4-17; or c. When a Taxpayer fails to provide a timely and complete request for a coordinated audit as provided in Subsection (B)(2) above. 4-4-13: Tax Hearings and Appeals. A. Request for hearing. Any Taxpayer may request a hearing on any proposed Tax within thirty (30) calendar days of receiving from the Director a Notice of Final Determination; Assessment and Demand for Payment; or a Denial of Refund. The request for hearing shall set forth the Taxpayer's reasons for and the requested changes in the Director’s determination. B. Hearing time and place. The Director shall notify the Taxpayer in writing of the time and place for such hearing thirty (30) calendar days prior thereto, unless the Taxpayer requests shorter notice or an extension of time. 1. In no event shall the hearing be held more than one hundred eighty (180) days after the Director's receipt of request for a hearing, unless the Taxpayer and Director agree in writing: (1) that the hearing shall be held and a decision issued within such further agreed time; or (2) that no hearing shall be held before the City Manager, in which case, the Taxpayer may pursue further review in accordance with Subsection (F) of this Section. 2. If none of the events described in Subsection (B)(1) of this Section have occurred, the Director may notify the Taxpayer in writing that the Director does not intend to conduct a hearing, in which case, the Taxpayer may pursue further review in accordance with Subsection (F) of this Section. C. If none of the events described in Subsections (B)(1) or (B)(2) of this Section have occurred, the Taxpayer may pursue further review in accordance with Subsection (F) of this Section any time after one hundred eighty (180) days or such further agreed time has passed. D. Time limitation on request for hearing. After the expiration of thirty (30) calendar days from the date that Page 365 of 376 the Director’s Notice of Final Determination; Assessment and Demand for Payment, or Denial of Refund is sent; if the Tax has not been paid; ; if no request for hearing has been filed with the Director; or if a request for hearing has been filed but no written brief has been filed by the Taxpayer, then the Director’s Notice of Final Determination; Assessment and Demand for Payment or Denial of Refund shall constitute a final determination. The Director may promptly take necessary steps to collect all amounts owed. The Taxpayer shall have no further right to a hearing, trial or appeal on the facts of the case. E. Director may adjust Tax under question. Based on the evidence presented at any hearing or filed in support of the Taxpayer's contentions, the Director may modify or abate in part or in full the Tax and the interest and penalty related to such tax questioned at the hearing or may approve a refund. F. De novo review or appeal. The Taxpayer may proceed to have a final order or decision of the Director involving Sales Tax or Use Tax imposed by this Chapter reviewed under the procedures set forth in C.R.S. § 29-2-302, within thirty (30 days) with the Executive Director of the Colorado Department of Revenue. G. Review of order or decision involving any lodging or excise tax imposed in this Chapter. Should the Taxpayer be aggrieved by a final order or decision of the Director involving lodging or other excise taxes, the Taxpayer may proceed to have the same reviewed under Colorado Rules of Civil Procedure 106(a)(4) by the district court for the second judicial district of the state. The petition or complaint for review must be filed within thirty (30) days from the date of the final order or decision. Any party, including the City, may appeal the final order or decision of the Director and, also, the decision of the district court (or other tribunal having jurisdiction), using all judicial, appellate, and extraordinary proceedings available. Before filing a petition or complaint for review under Colorado Rules of Civil Procedure 106(a)(4), the Taxpayer shall file with the Director a bond in twice the amount of the taxes, interest and other charges audited and stated in the final order or decision of the Director, with surety as is provided in other cases of appeal, or may deposit lawful money of the United States in the same manner as herein provided. H. Tax due date after hearing. Unless an appeal is taken as provided above, the Tax, together with interest thereon and penalties, if any, shall be paid within thirty (30) days after the hearing determination notice is sent by the Director to the Taxpayer. 4-4-14: Unpaid Tax a Prior Lien. A. The Taxes imposed by EMC § 4-4-5-1 shall constitute a first and prior lien upon any Tangible Personal Property, real property and inventory owned or used which is the subject of any transaction upon which said Tax is due, until said Taxes are paid in full. B. The Taxes imposed by EMC § 4-4-4-2 shall be a first and prior lien upon the goods, fixtures, inventory and real property owned or Used by any Retailer required by EMC § 4-4-4-7 to submit a Return and make payment of the Taxes collected, until said Taxes are paid in full. C. The liens created by Subsections (A) and (B) above shall be construed to be liens and encumbrances upon the specific items of personal property, goods, Business fixtures, real property and inventory therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. These liens shall arise upon the day the Tax becomes due and payable and shall be extinguished by the operation of law when the Tax is paid in full, including any interest, penalty and Collection Costs. 4-4-15: Enforcement of Taxes and Foreclosure of Liens. A. If any Taxes, penalty or interest imposed by this Chapter and shown due by Returns filed by the Taxpayer, or as shown by assessment duly made as provided herein, are not paid within thirty (30) days after the same are due, the City may issue a warrant under its official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding them to levy upon, seize and sell sufficient personal Page 366 of 376 property, real property and inventory of the Tax debtor which is subject to the liens created by EMC § 4-4-14 found within that county for the payment of the amount due, together with interest, penalties and costs. B. Simultaneously with the issuance of said warrant, the City shall issue a notice of Tax lien, setting forth the name of the Taxpayer, the amount of the Tax, penalties, interest and costs, the date of the accrual thereof, and that the City claims a first and prior lien therefor on the Tangible Personal Property, real property and inventory of the Taxpayer subject to said liens. C. Such notice shall be verified and shall be with the clerk and recorder of any county in this State in which the Taxpayer owns Tangible Personal Property, real property and/or inventory subject to said liens. D. The effective date of said lien shall be the date of the first taxable transaction for which any Tax is due, regardless of when the notice of lien is filed. 4-4-16: Notices Sent by Mail. Any notice required to be given to any Taxpayer or the agent or personal representative of the estate of any Taxpayer shall be sufficient if mailed, postpaid by first-class mail to the last-known address of the Taxpayer or the agent of the Taxpayer. The first-class mailing of any notice under the provisions of this Chapter, creates a presumption that such notice was received by the Taxpayer or agent of the Taxpayer if the City maintains a record of the notice and maintains a certification that the notice was deposited in the United States mail by an employee of the City. Evidence of the record of the notice mailed to the last-known address of the Taxpayer or agent of the Taxpayer as shown by the records of the City and a certification of mailing by first-class mail by a City employee is prima facie proof that the notice was received by the Taxpayer or agent of the Taxpayer. 4-4-17: Limitations. A. The Taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall any notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced more than three (3) years after the date on which the Tax was or is payable. Nor shall any lien continue after such period, except for Taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period; in which cases such lien shall continue only for one year after the filing of notice thereof. B. In the case of a false or fraudulent Return with intent to evade Tax, the Tax, together with interest and penalties thereon may be assessed, or proceedings for the collection of such Taxes may be begun at any time. C. Before the expiration of such period of limitation, the Taxpayer and the City may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. 4-4-18: Service Charge on Returned Checks. If a check in payment of any License Fee, Sales or Use Tax, or Lodging Tax is returned unpaid, a processing charge shall be added to any amount due and owing. The processing charge shall be periodically reviewed and set by the City. 4-4-19: Unlawful Acts. A. Advertise Absorption of Tax. No Retailer shall advertise, hold out or state to the public or to any Consumer, directly or indirectly, that the Tax or any part thereof imposed by this Chapter will be assumed or absorbed by the Retailer, or that it will not be added to the Sales Price of the property sold; or if added, that any part thereof will be refunded. B. Disregard for Rules; Penalty Assessed. If any part of a Tax Deficiency is due to negligence or intentional Page 367 of 376 disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the Tax Deficiency; and in such case, interest shall be collected at the rate of one percent (1%) per month on the amount of the Tax Deficiency from the time the Return was due, from the Person required to file the Return, which interest and addition shall become due and payable within thirty (30) days after written notice and demand by the City. C. Fraud; Penalty Assessed. If any part of the Tax Deficiency is due to fraud with the intent to evade the Tax, then there shall be added fifty percent (50%) of the total amount of the Tax Deficiency, and in such case the whole amount of the Tax unpaid, including the additions, shall become due and payable thirty (30) days after written notice and demand by the City D. False Statements. No Person shall willfully make, prepare or submit a Tax Return, or other document, containing any false statement, or willfully make a false statement in any investigation or hearing, which may affect the Tax liability of any Person. Page 368 of 376 1 4-4-20: Penalty. A. In addition to or in lieu of any other penalty or punishment prescribed in this Chapter, a fine of up to five hundred dollars ($500) per violation, per day may be imposed for a violation of any provision of this Chapter or of any order issued by the Licensing Officer. B. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue. All violations shall be corrected within ten (10) days to avoid License suspension or revocation, unless an extension is approved by the Finance Director’s designee for good cause shown. The suspension or revocation of any License or other privileges under this Chapter shall not be a penalty for enforcement of this Chapter. 4-4-21: Officers of Corporations, Members of Partnerships, Limited Liability Companies. In addition to the penalties provided in EMC § 4-4-2, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any Tax administered by this Title who willfully fail to collect, account for, or pay over such Tax or who willfully attempt in any manner to evade or defeat any such Tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent (150%) of the total amount of the Tax not collected, accounted for, paid over, or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing Returns or paying Taxes administered by this Title and if such officers of corporations or members of partnerships or limited liability companies voluntarily or at the direction of their superiors assume the duties or responsibilities of complying with the provisions of any Tax administered by this Title on behalf of the corporation, partnership, or limited liability company. Page 369 of 376 City Sales Tax Code Update Presented By: Kevin Engels, Director of Finance Curt Osborne, Revenue & Tax Audit Manager Pa g e 3 7 0 o f 3 7 6 Summary •Why Update the City Sales and Use Tax Code? •Improved Understanding and Readability For Businesses •Improved Administration By City Staff •Alignment With Other Colorado Home Rule Cities Without Compromising Englewood Home Rule Authority •Clarification of Certain Definitions, Taxation Positions and Exemptions •Clarification of Economic Nexus for Remote Sellers Pa g e 3 7 1 o f 3 7 6 Economic Nexus •If a remote seller (a business with no physical presence in the city) makes more than $100,000 in sales to customers in the city, they have established an economic connection (nexus) to the city sufficient to require collection of the city’s sales tax •Other types of nexus, or connections, include a store in the city, sales and service people in the city, etc. Pa g e 3 7 2 o f 3 7 6 Proposed Sales Tax Code Changes •Elimination of “De Minimis” sales and use tax license. SB 22-032 essentially requires home-rule cities to provide such a license •Clarifies Exemption of Medical Supplies •To Include Exemption of Medical Supplies for Animals •Clarifies Exemption of Food for Home Consumption •Clarifies City’s Taxation of Software •City has consistently taxed software regardless of its format or means of access •Enumerates City’s Taxation of Software types •Clarifies City’s longtime Exemption of Cigarettes •Defines and Proposes Exemption of Essential Hygiene Products (previously discussed by Council in August 2024)Pa g e 3 7 3 o f 3 7 6 Proposed Sales Tax Code Changes-continued •Clarifies City’s Authority to Audit Books and Records •Sales and Use Tax Audits •Construction Use Tax Reconciliations •Proposed Exemption of 48% of Price of new Manufactured Homes •Proposed Exemption of all subsequent sales of previously taxed Manufactured Homes •Housing Equity •Proposed Rewrite of Administrative Provisions Around Tax Deficiencies, Claims for Refund, Liens and Seizures, Sale of Businesses, Interest Rate on Tax Deficiencies •Elimination of Penalty of ImprisonmentPa g e 3 7 4 o f 3 7 6 Proposed Sales Tax Code Changes-continued •Incorporates the Colorado Municipal League’s (CML) Model Ordinance Language around Economic Nexus and Marketplace Facilitators. •Separates Definitions and Taxation/Imposition/Exemption Provisions •Numerous Minor Edits To Improve Understanding and Readability for Businesses and Taxpayers •Deletion of Unused Definitions Previously Adopted •Adherence to State Requirements for Sales and Use Tax Protests and Hearings – Additional Time Granted To Businesses •No TABOR Issue – Revenue Neutral or Negative •Essential Hygiene (may reduce revenues $100K-$300K per year) •Partial Exemption of Manufactured Homes ($5-$10K per year)Pa g e 3 7 5 o f 3 7 6 Questions, Input and Direction Pa g e 3 7 6 o f 3 7 6